Amended in Senate August 22, 2014

Amended in Senate August 4, 2014

Amended in Senate July 1, 2014

Amended in Senate June 12, 2014

Amended in Assembly May 27, 2014

Amended in Assembly May 7, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1594

Introduced by Assembly Member Williams

February 3, 2014

An act to amend begin delete Section end delete begin insert Sections 40507 and end insert 41781.3 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1594, as amended, Williams. begin delete Solid waste: recycling: diversion: green material. end delete begin insert Waste management. end insert

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 begin insert the department to file an annual report, on or before March 1 of each year, with the Legislature, regarding the administration of the act during the prior calendar year. end insert

begin insert

This bill would require the department to include in the annual report, on or before March 1, 2015, a status update on the adequacy of funding from the Integrated Waste Management Fund for programs implemented pursuant to the act and pursuant to other specified provisions regulating waste management facilities. The bill would authorize the department to recommend alternative funding mechanisms for the programs, as specified.

end insert

begin insert Existing law requires end insert 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 a jurisdiction that does not meet certain diversion requirements as a result of not being able to claim diversion for the use of green material as alternative daily cover to identify and address, in an annual report, barriers to recycling green material and, if sufficient capacity at facilities that recycle green material is not expected to be operational before a certain date, to include 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 40507 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40507.  

(a)  begin insert (1) end insert begin insert   end insert On or before March 1 of each year, the begin delete board end delete
begin insert department end insert shall file an annual report with the Legislature
highlighting significant programs or actions undertaken by the
begin delete board end delete begin insert department end insert to implement programs pursuant to this division
during the prior calendar year. The report shall include, but is not
limited to, the information described in subdivision (b).

begin insert

(2) On or before March 1, 2015, the department shall provide
in the annual report required pursuant to paragraph (1) a status
update on the adequacy of funding from the Integrated Waste
Management Fund for programs implemented pursuant to this
division or Division 31 (commencing with Section 50000),
including the adequacy of funding for the oversight of solid waste
that is accepted at a disposal facility and is not subject to the fee
imposed pursuant to Section 48000. In its report, the department
may recommend alternative funding mechanisms for the programs
that would achieve the requirements and policy goals of this
division and Division 31 (commencing with Section 50000),
including the statewide recycling goal of 75 percent pursuant to
Section 41780.01.

end insert

(b)  begin delete Commencing January 1, 1997, the board end delete begin insert The department end insert
shall file annual progress reports with the Legislature covering the
activities and actions undertaken by the begin delete board end delete begin insert department end insert in the
prior fiscal year. The begin delete board end delete begin insert department end insert shall prepare, and may
electronically file with the Legislature, the progress reports
throughout the calendar year, as determined by the begin delete board, end delete
begin insert department, end insert on the following programs:

(1) The local enforcement agency program.

(2) The research and development program.

(3) The public education program.

(4) The market development program.

(5) The used oil program.

(6) The planning and local assistance program.

(7) The site cleanup program.

(c) The progress report shall specifically include, but is not
limited to, all of the following information:

(1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part
4.

(2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:

(A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section
42650) of Part 3.

(B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.

(C) A report on the progress in implementing the monitoring
and control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations,
as needed, to improve the program.

(D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant
to Chapter 17 (commencing with Section 42860) of Part 3.

(3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:

(A) A review of actions taken by the begin delete board end delete begin insert department end insert to
educate and inform individuals and public and private sector
entities who generate solid waste on the importance of source
reduction, recycling, and composting of solid waste, and
recommendations for administrative or legislative actions begin delete which end delete
begin insert that end insert will inform and educate these parties.

(B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12
(commencing with Section 42600) of Part 3, including
recommendations on administrative and legislative changes to
improve the program.

(C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant
to Chapter 12.5 (commencing with Section 42620) of Part 3,
including recommendations on administrative and legislative
changes to improve the program’s effectiveness.

(D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan
implemented pursuant to Part 4 (commencing with Section 71300)
of Division 34, including recommendations on administrative and
legislative changes begin delete which end delete begin insert that end insert will improve the program.

(E) A summary of available and wanted materials, a profile of
the participants, and the amount of waste diverted from disposal
sites as a result of the California Materials Exchange Program
established pursuant to subdivision (a) of Section 42600.

(4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:

(A) A review of market development strategies undertaken by
the board pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions begin delete which end delete
begin insert that end insert will promote expansion of those markets. The
recommendations shall include, but not be limited to, all of the
following:

(i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.

(ii) Recommendations for actions begin delete which end delete begin insert that end insert can be taken to
assist local governments in the inclusion of recycling activities in
county overall economic development plans.

(iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.

(iv) Recommendations to improve state, local, and private
industry product and material procurement practices.

(B) Development and implementation of a program to assist
local agencies in the identification of markets for materials that
are diverted from disposal facilities through source reduction,
recycling, and composting pursuant to Section 40913.

(C) A report on the Recycling Market Development Zone Loan
Program conducted pursuant to Article 3 (commencing with
Section 42010) of Chapter 1 of Part 3.

(D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part
3.

(E) A report on the progress in developing and implementing
the comprehensive Market Development Plan, pursuant to Article
2 begin delete of Chapter 1 end delete (commencing with Section 42005) begin insert of Chapter 1 end insert of
Part 3.

(F) The number of retreaded tires purchased by the Department
of General Services during the prior fiscal year pursuant to Section
42414.

(G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42415 to
determine if tire retreads, procured by the Department of General
Services, have met all quality and performance criteria of a new
tire, including any recommendations to expand, revise, or curtail
the program.

(H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services
pursuant to Section 42443.

(I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of Section 12162 of the Public Contract Code.

(J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with
Section 42560) of Part 3.

(5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:

(A) A report on the annual audit of the used oil recycling
program established pursuant to Chapter 4 (commencing with
Section 48600) of Part 7.

(B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter
4 (commencing with Section 48600) of Part 7, recommendations,
if any, for statutory changes to the program, including changes in
the amounts of the payment required by Section 48650 and the
recycling incentive, and plans for present and future programs to
be conducted over the next two years.

(6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:

(A) The development by the begin delete board end delete begin insert department end insert of the model
countywide or regional siting element and model countywide or
regional agency integrated waste management plan pursuant to
Section 40912, including its effectiveness in assisting local
agencies.

(B) The adoption by the begin delete board end delete begin insert department end insert of a program to
provide assistance to cities, counties, or regional agencies in the
development and implementation of source reduction programs
pursuant to subdivision (c) of Section 40912.

(C) The development by the begin delete board end delete begin insert department end insert of model
programs and materials to assist rural counties and cities in
preparing city and county source reduction and recycling elements
pursuant to Section 41787.3.

(D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.

(E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and cities
will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:

(i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.

(ii) Assistance in developing alternative methods of source
reduction, recycling, and composting of solid waste suitable for
rural local governments.

(F) A report on the status and implementation of the “Buy
Recycled” program established pursuant to subdivision (d) of
Section 42600, including the waste collection and recycling
programs established pursuant to Sections 12164.5 and 12165 of
the Public Contract Code.

(7) Pursuant to paragraph (7) of subdivision (b), a description
of sites cleaned up under the Solid Waste Disposal and Codisposal
Site Cleanup Program established pursuant to Article 2.5
(commencing with Section 48020) of Chapter 2 of Part 7, a
description of remaining sites where there is no responsible party
or the responsible party is unable or unwilling to pay for cleanup,
and recommendations for any needed legislative changes.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 41781.3 of the Public Resources Code is
amended to read:

41781.3.  

(a) (1) Except as provided in paragraph (2), the use
of solid waste for beneficial reuse in the construction and operation
of a solid waste landfill, including use of alternative daily cover,
which reduces or eliminates the amount of solid waste being
disposed pursuant to Section 40124, shall constitute diversion
through recycling and shall not be considered disposal for purposes
of this division.

(2) (A) Commencing January 1, 2020, the use of green material
as alternative daily cover does not constitute diversion through
recycling and shall be considered disposal for purposes of this
division.

(B) Commencing January 1, 2020, a local jurisdiction that, as
a result of not being able to claim diversion for the use of green
material as alternative daily cover, does not meet the requirements
of Section 41780 shall, in the next annual report required pursuant
to Section 41821, identify and address barriers to recycling green
material and, if sufficient capacity at facilities that recycle green
material is not expected to be operational before the jurisdiction’s
next review pursuant to Section 41825, include a plan to address
those barriers that are within the control of the local jurisdiction.

(C) Commencing January 1, 2020, green material used as
alternative daily cover at a solid waste landfill is not subject to the
fee imposed on disposed solid waste pursuant to Section 48000.

(3) Commencing August 1, 2018, a local jurisdiction shall
include in the electronic annual report required pursuant to Section
41821 information on how the local jurisdiction intends to address
the requirements of subparagraph (A) of paragraph (2) and divert
green material that is being used as alternative daily cover.

(b) Before December 31, 1997, pursuant to the department’s
authority to adopt rules and regulations pursuant to Section 40502,
the department shall, by regulation, establish conditions for the
use of alternative daily cover that are consistent with this division.
In adopting the regulations, the department shall consider, but is
not limited to consideration of, all of the following criteria:

(1) Those conditions established in past policies adopted by the
department affecting the use of alternative daily cover.

(2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.

(3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public health
and safety consistent with state minimum standards.

(c) Until the adoption of additional regulations, the use of
alternative daily cover shall be governed by the conditions
established by the department in its existing regulations set forth
in paragraph (3) of subdivision (b) of, and paragraph (3) of
subdivision (c) of, Section 18813 of Title 14 of the California Code
of Regulations, as those sections read on January 1, 1997, and by
the conditions established in the department’s policy adopted on
January 25, 1995.

(d) In adopting rules and regulations pursuant to this division,
including, but not limited to, Part 2 (commencing with Section
40900), the department shall provide guidance to local enforcement
agencies on any conditions and restrictions on the utilization of
alternative daily cover so as to ensure proper enforcement of those
rules and regulations.

(e)  begin delete Notwithstanding subparagraph (B) of paragraph (4) of
subdivision (a), nothing end delete begin insert Nothing end insert in this section modifies, limits,
or abrogates the authority of a local jurisdiction with respect to
land use, zoning, or facility siting decisions within that local
jurisdiction.

(f) For purposes of this section, “green material” has the same
meaning as “processed green material,” as defined in subdivision
(b) of Section 20690 of Title 27 of the California Code of
Regulations. The term does not include materials left over from
the composting process, materials left over after the material
recovery process, commonly referred to as “fines,” or processed
construction and demolition waste materials.

(g) For purposes of this section, “processed construction and
demolition waste material” has the same meaning as defined in
subdivision (b) of Section 20690 of Title 27 of the California Code
of Regulations.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.