Bill Text: CA AB3178 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Integrated waste management plans: source reduction and recycling element: diversion requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2018-09-10 - Vetoed by Governor. [AB3178 Detail]
Download: California-2017-AB3178-Amended.html
An act to amend Section 41781.3 of the Public Resources Code, relating to solid waste. An act to amend Sections 41780 and 41825 of, and to add Section 41780.02 to, the Public Resources Code, relating to solid waste.
NOYES
Local Program:
NO
SECTION 1. Section 41781.3 of the Public Resources Code is amended to read: 41781.3.
Bill Title: Integrated waste management plans: source reduction and recycling element: diversion requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2018-09-10 - Vetoed by Governor. [AB3178 Detail]
Download: California-2017-AB3178-Amended.html
|
Amended
IN
Assembly
March 19, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 3178 |
| Introduced by Assembly Member Rubio |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
AB 3178, as amended, Rubio.
Solid waste: recycling: diversion: green material. Integrated waste management plans: source reduction and recycling element: diversion requirements.
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. 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. Existing law governs the use of solid waste as alternative daily cover in the construction and operation of a solid waste landfill, including the determination of whether that use and other beneficial reuse of solid waste constitutes diversion through recycling rather than disposal. Existing law provides for the department to adopt
regulations in this regard.
This bill would delete obsolete provisions relating to the adoption of these regulations.
This bill would make findings that the storage of recyclable materials in amounts that exceed the design capacity or permitted capacity of a solid waste facility can pose a threat to public health and safety. The bill, notwithstanding the above-described diversion requirements, would authorize a jurisdiction to temporarily arrange for the disposal of recyclable material if the disposal is necessary for the facility to operate within its design or permit storage limits.
Existing law requires a city, county, or regional agency to submit an annual report to the department summarizing its progress in reducing solid waste. Existing law requires the department to review a jurisdiction’s compliance with the diversion requirements every 2 or 4 years, as specified, and authorizes the department to issue an order of compliance if the department finds, after considering specified factors, the jurisdiction failed to make a good faith effort to implement its source reduction and recycling element.
This bill would require the department, when evaluating a jurisdiction’s good faith effort, to also consider whether the absence or loss of a market for recyclable materials necessitated the disposal of those materials as a temporary measure to avoid a public health threat, as specified. The bill would also require the department to consider the extent to which the lack of an available market for one or more types
of recycling materials, which prevented the jurisdiction from fully implementing its diversion programs, was the result of circumstances beyond the reasonable control of the jurisdiction.
After issuing an order of compliance, existing law authorizes the department to impose administrative civil penalties upon that jurisdiction.
This bill would prohibit a jurisdiction from being subject to an administrative civil penalty if the need to dispose of excess recyclable materials results from a lack of an available market, and not from the jurisdiction’s failure to undertake commercially reasonable efforts to find a market for the material.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 41780 of the Public Resources Code is amended to read:41780.
(a) Each jurisdiction’s source reduction and recycling element shall include an implementation schedule that shows both of the following:(1) For the initial element, the jurisdiction shall divert 25 percent of all solid waste by January 1, 1995, through source reduction, recycling, and composting activities.
(2) Except as provided in Sections 41783 41780.02, 41783, and 41784, for the first and each subsequent revision of the element, the jurisdiction shall divert 50 percent of all solid waste on and after
January 1, 2000, through source reduction, recycling, and composting activities.
(b) This section does not prohibit a jurisdiction from implementing source reduction, recycling, and composting activities designed to exceed the requirements of this division.
SEC. 2.
Section 41780.02 is added to the Public Resources Code, to read:41780.02.
(a) The Legislature finds that the storage of recyclable materials in amounts that exceed the design capacity or permitted capacity of a solid waste facility can pose a threat to public health and safety.(b) Notwithstanding the diversion requirements of Section 41780, a jurisdiction may temporarily arrange, either directly or through its authorized recycling agent, for the disposal of recyclable material if the disposal is necessary for the facility to operate within its design or permit storage limits.
(c) Where the need to dispose of excess recyclable materials results from a lack of an available market, and is not the result of a jurisdiction’s failure to undertake
commercially reasonable efforts to find a market for the material, the jurisdiction shall not incur liability under Section 41850 for the resulting reduction in the quantity of solid waste diverted by the jurisdiction.
SEC. 3.
Section 41825 of the Public Resources Code, as amended by Section 1 of Chapter 155 of the Statutes of 2017, is amended to read:41825.
(a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdiction’s compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.
(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.
(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.
(4) If, after determining that a
jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).
(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction
that is subject to paragraph (2) or (3).
(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
(2) The department shall issue a notice of
intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
(A) The proposed basis for issuing an order of compliance.
(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.
(C) The proposed recommendations to the department.
(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdiction’s calculation of annual disposal.
(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agency’s jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.
(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to
issue a compliance order:
(A) Whether an exceptional growth rate may have affected compliance.
(B) Whether the absence or loss of a market for recyclable materials diverted from solid waste facilities necessitated the disposal of those materials as a temporary measure to avoid a public health threat associated with storing recyclable materials in amounts that exceed the permitted or design capacity of a solid waste facility.
(B)
(C) Other
information that the jurisdiction may provide that indicates the effectiveness of the jurisdiction’s programs, such as disposal characterization studies or other jurisdiction specific information.
(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
(1) For the purposes of this section, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
(2) For
purposes of this section, “good faith effort” may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdiction’s source reduction and recycling element or household hazardous waste element.
(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
(4) The
department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
(A) Natural disasters.
(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to
encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
(I) The extent to which the lack of an available market for one or more types of recyclable materials is the result of circumstances beyond the reasonable control of the jurisdiction, and prevented the jurisdiction from fully implementing its diversion programs.
(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdiction’s per capita disposal rate as a factor in
determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdiction’s per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 4.
Section 41825 of the Public Resources Code, as amended by Section 2 of Chapter 155 of the Statutes of 2017, is amended to read:41825.
(a) At least once every two years, the department shall review each jurisdiction’s source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
(c) (1) Before issuing a compliance order pursuant to subdivision (d), the
department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
(A) The proposed basis for issuing an order of compliance.
(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.
(C) The proposed recommendations to
the department.
(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdiction’s calculation of annual disposal.
(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agency’s jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its
diversion programs.
(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:
(A) Whether an exceptional growth rate may have affected compliance.
(B) Whether the absence or loss of a market for recyclable materials diverted from solid waste facilities necessitated the disposal of those materials as a temporary measure to avoid a public health threat associated with storing recyclable materials in amounts that exceed the permitted or design capacity of a solid waste facility.
(B)
(C) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdiction’s programs, such as disposal characterization studies or other jurisdiction specific information.
(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
(1) For the purposes of this section, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or
household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
(2) For purposes of this section, “good faith effort” may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdiction’s source reduction and recycling element or household hazardous waste element.
(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the
enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
(A) Natural disasters.
(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
(D) The impact of the failure of federal, state, and
other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant
to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
(I) The extent to which the lack of an available market for one or more types of recyclable materials is the result of circumstances beyond the reasonable control of the jurisdiction, and prevented the jurisdiction from fully implementing its diversion programs.
(5) In making a
determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdiction’s per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdiction’s per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
(f) This section shall become operative on January 1, 2022.
(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)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)In adopting rules and regulations pursuant to this division, including, but not limited to, this part, 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.
(d)Nothing 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.
(e)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.
(f)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.
