Bill Text: CA AB1594 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Waste management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 719, Statutes of 2014. [AB1594 Detail]
Download: California-2013-AB1594-Amended.html
Bill Title: Waste management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 719, Statutes of 2014. [AB1594 Detail]
Download: California-2013-AB1594-Amended.html
BILL NUMBER: AB 1594 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 21, 2014 INTRODUCED BY Assembly Member Williams FEBRUARY 3, 2014 An act to amend Section 41781.3 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 1594, as amended, Williams. Solid waste: recycling: diversion: green material. The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, 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. Thisbill would authorize the department, if the department makes a specified determination, to adopt regulations to providebill, commencing January 1, 2020, would provide that the use of greenmaterialmaterial, not including materials left over from the composting process, as alternative daily coveror alternative intermediate coverdoes not constitute diversion through recycling and would be considered disposal for purposes of the act. The bill would authorize a jurisdiction that, as a result of these provisions, would not be able to meet certain diversion requirements to apply to the department for up to a 2-year delay from being subject to these provisions. The bill would require the application form, to be developed by the department, to require the applicant to include specified information. The bill would impose a state-mandated local progra m by imposing new duties upon local agencies with regard to the diversion of solid waste. 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:noyes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. 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) The department may adopt regulations to provide that the use of green material, as defined in regulations by the department, as alternative daily cover or alternative intermediate cover, does not constitute diversion through recycling and shall be considered disposal for purposes of this division if the department determines that the regulations are necessary to meet the policy goals described in Section 41780.01.(B) If the department adopts regulations pursuant to subparagraph (A), the department shall consult with the compost industry, local governments, environmental organizations, landfill operators, and other stakeholders.(2) Commencing January 1, 2020, the use of green material as alternative daily cover, not including materials left over from the composting process, does not constitute diversion through recycling and shall be considered disposal for purposes of this division. (3) (A) If, after January 1, 2020, a local jurisdiction will no longer be in compliance with Section 41780 as a result of using green material as alternative daily cover, that jurisdiction, pursuant to subparagraph (B), may, before that date, apply to the department for up to a two-year extension. (B) An application form for an extension pursuant to this paragraph shall be developed by the department and shall require the applicant to do both of the following: (i) Identify all of the following: (I) Existing organic waste recycling facilities within a reasonable vicinity of the local jurisdiction and the capacities available for materials to be accepted at each facility. (II) Facilities for potential expansion or colocation. (III) Closed or abandoned sites within the jurisdiction that might be available for use as new recycling facilities. (IV) Other nondisposal opportunities and markets. (V) Appropriate zoning and permit requirements for the location of new organic waste recycling facilities. (VI) Incentives available for developing new organic waste recycling facilities. (ii) Identify barriers to siting new or expanded organic waste recycling facilities and a plan to remedy those barriers that are within the control of the local jurisdiction. (C) Upon receipt of an application pursuant to this paragraph, the department may, at its sole discretion, grant as to a local jurisdiction up to a two-year delay of the requirements imposed by paragraph (2). (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, 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. SEC. 2. 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.