Bill Text: CA AB1594 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 1594	INTRODUCED
	BILL TEXT


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 introduced, 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.
   This bill would authorize the department, if the department makes
a specified determination, to adopt regulations to provide that the
use of green material as alternative daily cover or alternative
intermediate cover does not constitute diversion through recycling
and would be considered disposal for purposes of the act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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)  The   (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  the
 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. 
   (b) Prior to   Before  December 31,
1997, pursuant to the  board's   department's
 authority to adopt rules and regulations pursuant to Section
40502, the  board   department  shall, by
regulation, establish conditions for the use of alternative daily
cover that are consistent with this division. In adopting the
regulations, the  board   department  shall
consider, but is not limited to, all of the following criteria:
   (1) Those conditions established in past policies adopted by the
 board   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  board   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  the effective date of this section  
January 1, 1997  , and by the conditions established in the
 board's   department's  policy adopted on
January 25, 1995.
   (d) In adopting rules and regulations pursuant to this 
section, Section 40124, and this  division, including, but
not limited to, Part 2 (commencing with Section 40900), the 
board   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.