AB 1594, as amended, Williams. Solid waste: recycling: diversion: green material.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. The act requires each city, county, and joint powers authority formed under the act, referred to as a regional agency, to develop a source reduction and recycling element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. Under the act, the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including the use of alternative daily cover, constitutes diversion through recycling and is not considered disposal.
This bill, commencing January 1, 2020, would provide that the use of green material, as defined, as alternative daily cover does not constitute diversion through recycling and would be considered disposal for purposes of the act. The bill, commencing August 1, 2018, would require a local jurisdiction to include information in an annual report on how the local jurisdiction intends to address these diversion requirements and divert green material that is being used as alternative daily cover. The bill would require the department, with respect to a jurisdiction that, as a result of these provisions, would not be able to meet certain diversion requirements, to determine whether the local jurisdiction has made a good faith effort to divert green material that was used as alternative daily cover, based on consideration of specified circumstances. The bill would requirebegin delete a local jurisdiction
that the department has determined is not able to meet the diversion requirementsend deletebegin insert those local jurisdictionsend insert to identify barriers to siting new or expanded greenbegin delete wasteend deletebegin insert materialend insert recycling facilities and to prepare a plan to address those barriers. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the diversion of solid waste.
Existing law requires the operator of a disposal facility to pay a quarterly fee based on the amount of solid waste disposed of at each disposal site.
This bill would provide that, commencing January 1, 2020, green material used as alternative daily cover at a solid waste landfill is not subject to this fee.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 41781.3 of the Public Resources Code
2 is amended to read:
(a) (1) Except as provided in paragraphs (2) and (4),
2the use of solid waste for beneficial reuse in the construction and
3operation of a solid waste landfill, including use of alternative
4daily cover, which reduces or eliminates the amount of solid waste
5being disposed pursuant to Section 40124, shall constitute diversion
6through recycling and shall not be considered disposal for purposes
7of this division.
8(2) (A) Commencing January 1, 2020, the use of green material
9as alternative daily cover does not constitute diversion through
10recycling and shall be considered disposal for purposes of this
11division.
12(B) Commencing January 1, 2020, green material used as
13alternative daily cover at a solid waste landfill is not subject to the
14fee imposed on disposed solid waste pursuant to Section 48000.
15(3) Commencing August 1, 2018, a local jurisdiction shall
16include in the electronic annual report required pursuant to Section
1741821 information on how the local jurisdiction intends to address
18the requirements of paragraph (2) and divert green material that
19is being used as alternative daily cover.
20(4) (A) If, after January 1, 2020, a local jurisdiction will no
21longer be in compliance with Section 41780 as a result of using
22green material as alternative daily cover, the department, pursuant
23to Section 41825, shall make a determination whether the local
24jurisdiction has made a good faith effort to divert green material
25that was used as alternative daily cover,
based on consideration of
26circumstances that shall include, but are not limited to, all of the
27following:
28(i) Existing green material facilities within a reasonable vicinity
29of the local jurisdiction and the permitted capacities for materials
30to be accepted at each facility.
31(ii) Efforts that the jurisdiction is aware of that are underway
32to develop new private or public regional green material recycling
33facilities that may become available to accept the green material
34being used as alternative daily cover, and the expected timeframe
35for completion.
36(iii) Facilities for potential expansion or collocation.
37(iv) Closed or abandoned sites within the jurisdiction that might
38be available for use as new green material recycling facilities.
39(v) Other nondisposal opportunities and markets.
P4 1(vi) Applicable zoning and permit requirements within the
2jurisdiction for the location of new green material recycling
3facilities.
4(vii) Incentives available for developing new green material
5recycling facilities.
6(viii) Steps being taken by the jurisdiction to reduce solid waste
7generation or to identify new methods for diverting green or other
8solid waste to meet the requirements of Section 41780.
9(B) begin deleteUpon the department’s determination that a local jurisdiction begin insertA
local jurisdiction subject to
10will no longer be in compliance with Section 41780 after January
111, 2020, as a result of using green material as alternative daily
12cover, the local jurisdiction end delete
13paragraph (A) end insertshall, on a schedule determined by the department,
14identify barriers to siting new or expanded greenbegin delete wasteend deletebegin insert materialend insert
15 recycling facilities, and if sufficient green material recycling facility
16capacity is not expected to be operational within a reasonable
17amount of time, prepare a plan to address those barriers that are
18within the control of the local jurisdiction.
19(b) Before December 31, 1997, pursuant to the department’s
20authority to adopt rules and regulations pursuant to Section 40502,
21the department shall, by regulation, establish conditions for the
22use of alternative daily cover that are consistent with this division.
23In adopting the regulations, the department shall consider, but is
24
not limited to consideration of, all of the following criteria:
25(1) Those conditions established in past policies adopted by the
26department affecting the use of alternative daily cover.
27(2) Those conditions necessary to provide for the continued
28economic development, economic viability, and employment
29opportunities provided by the composting industry in the state.
30(3) Those performance standards and limitations on maximum
31functional thickness necessary to ensure protection of public health
32and safety consistent with state minimum standards.
33(c) Until the adoption of additional regulations, the use of
34alternative daily cover shall be governed by the conditions
35established by the department in its existing regulations set forth
36in paragraph (3) of
subdivision (b) of, and paragraph (3) of
37subdivision (c) of, Section 18813 of Title 14 of the California Code
38of Regulations, as those sections read on January 1, 1997, and by
39the conditions established in the department’s policy adopted on
40January 25, 1995.
P5 1(d) In adopting rules and regulations pursuant to this division,
2including, but not limited to, Part 2 (commencing with Section
340900), the department shall provide guidance to local enforcement
4agencies on any conditions and restrictions on the utilization of
5alternative daily cover so as to ensure proper enforcement of those
6rules and regulations.
7(e) Notwithstanding subparagraph (B) of paragraph (4) of
8subdivision (a), nothing in this section modifies, limits, or abrogates
9the authority of a local jurisdiction with respect to land use, zoning,
10or facility siting decisions within that local jurisdiction.
11(f) For purposes of this section, “green material” has the same
12meaning as “processed green material,” as defined in subdivision
13(b) of Section 20690 of Title 27 of the California Code of
14Regulations. The term does not include materials left over from
15the composting process, materials left over after the material
16recovery process, commonly referred to as “fines,” or processed
17construction and demolition waste materials.
18(g) For purposes of this section, “processed construction and
19demolition waste material” has the same meaning as defined in
20subdivision (b) of Section 20690 of Title 27 of the California Code
21of Regulations.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24a local agency or school district has the authority to levy service
25charges, fees, or assessments sufficient to pay for the program or
26level of service mandated by this act, within the meaning of Section
2717556 of the Government Code.
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