Bill Text: CA SB25 | 2009-2010 | Regular Session | Amended
Bill Title: Solid waste: rendering.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-28 - Set, first hearing. Hearing canceled at the request of author. [SB25 Detail]
Download: California-2009-SB25-Amended.html
BILL NUMBER: SB 25 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2010
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 6, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Padilla
DECEMBER 1, 2008
An act to amend Sections 41780, 44009, 45014, 45024, and
48000 of, to add Sections 40142 and 41780.01 to, and to add Chapter
12.8 (commencing with Section 42649) to Part 3 of, Chapter 2.7
(commencing with Section 48300) to Part 7 of, and Chapter 8
(commencing with Section 49700) to Part 8 of, Division 30 of, the
Public Resources Code, relating to solid waste. An act
to amend Sections 18677 and 19213 of the Food and Agricultural Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 25, as amended, Padilla. Solid waste.
waste: rendering.
The California Meat and Poultry Inspection Act prohibits the
adulteration and misbranding of livestock and poultry products, as
specified. "Renderer" and "rendering" are defined for purposes of
that act.
This bill would, for purposes of the act, provide that "renderer"
does not include a person operating a solid waste facility licensed
by the Department of Resources Recycling and Recovery that hauls,
handles, or processes mammalian, poultry, or fish tissue from the
food service industry, grocery stores, or residential food scrap
collection, or as part of a research composting operation, as
specified. The bill would similarly provide that "rendering" does not
include recycling, processing, or conversion by a solid waste
facility licensed by the Department of Resources Recycling and
Recovery of mammalian, poultry, or fish tissue from the food service
industry, grocery stores, or residential food scrap collection, or as
part of a research composting operation, as specified.
(1) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan containing specified components. The source reduction
and recycling element of that plan is required to divert 50% of all
solid waste from landfill disposal or transformation by January 1,
2000, through source reduction, recycling, and composting activities.
This bill would require a jurisdiction, for each subsequent
revision of the element, to divert 60% of all solid waste on and
after January 1, 2015, through source reduction, recycling, and
composting activities, thereby imposing a state-mandated local
program by imposing new duties on local agencies regarding solid
waste.
The bill would provide that the state's waste reduction target is
to divert 75% of solid waste, on and after January 1, 2020, through
source reduction, recycling, and composting activities.
(2) The act defines various terms for purposes of the act.
This bill additionally would define "illegal dumping" for purposes
of the act, to mean the act of disposing of solid waste at a
location that is not a permitted solid waste disposal facility or is
not otherwise authorized for the disposal of solid waste pursuant to
the act or regulations adopted by the board.
(3) The act authorizes a local governmental agency to determine
aspects of solid waste handling that are of local concern, including,
but not limited to, frequency of collection, means of collection and
transportation, level of services, charges and fees, and the nature,
location, and extent of providing solid waste handling services.
This bill would require the board, by January 1, 2011, to adopt a
model ordinance that contains elements for refuse service providers.
A local agency would be authorized but not required to adopt the
board's model ordinance.
The bill would authorize the board to establish an illegal dumping
prevention program to provide grants or loans to local agencies, as
the bill would define that term, to fund the development of new, or
the expansion of existing, comprehensive local illegal dumping
programs. The board would be authorized to expend moneys in the
Integrated Waste Management Account and other funds, as appropriate,
upon appropriation by the Legislature, for the purposes of providing
the grants and loans.
The bill would provide that the board shall adopt a model
ordinance and may provide the grants and loans only after a specified
increase in fees for solid waste disposal is effective and
generating funds.
(4) The act requires the board to concur in or object to the
issuance, modification, or revision of a solid waste facilities
permit within 60 days from the date of the board's receipt of a
proposed solid waste facilities permit from an enforcement agency. If
the board does not concur or object during that period, the board
generally is deemed to have concurred in the issuance of the permit.
Upon making certain determinations, the board is required to object
to the permit and submit those objections to the enforcement agency.
This bill would instead require that the board concur in or
object to a proposed permit, in writing, within 60 days, or 90 days
under specified circumstances, or the board would be deemed to have
concurred in the issuance of the permit. The bill would require, if
the board makes certain determinations requiring an objection, that
the board submit the basis for the objection to the enforcement
agency within 15 days after the board's determination.
(5) The act requires each operator of a disposal facility to pay a
quarterly fee to the State Board of Equalization that is based on
the amount of all solid waste disposed of at each disposal site. The
amount of the fee is established by the California Integrated Waste
Management Board at an amount that is sufficient to generate revenues
equivalent to the approved budget for that fiscal year, including a
prudent reserve, but is prohibited from exceeding $1.40 per ton.
This bill would require the fee to be equal to $2.13 per ton, on
and after January 1, 2012, and require the California Integrated
Waste Management Board to adjust the fee not more than once every 2
years to reflect increases or decreases in the cost of living during
the prior 2 fiscal years.
(6) The bill would require the owner or operator of a business
that contracts for solid waste services and generates more than 4
cubic yards of total solid waste and recyclable materials that are
not solid waste, per week, by January 1, 2012, except as otherwise
provided, to arrange for recycling services applicable to the
collection, handling, or recycling of solid waste, to the extent the
services are offered and reasonably available from a local service
provider.
The bill also would require each city, county, solid waste
authority, or other joint powers authority located in a county with a
population of 200,000 or more to adopt by January 1, 2012, a
commercial recycling ordinance, as specified, thereby imposing a
state-mandated local program by imposing new duties on local agencies
with regard to solid waste.
(7) This bill would also make technical, nonsubstantive changes to
the act.
(8) 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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18677 of the Food
and Agricultural Code is amended to read:
18677. "Renderer" means any person that is engaged in the
business of rendering any livestock or poultry carcass, or any part
or product of such a carcass, except rendering conducted under
inspection or exemption under this chapter. "Renderer" does not
include a person operating a solid waste facility licensed by the
Department of Resources Recycling and Recovery that hauls, handles,
or processes mammalian, poultry, or fish tissue from the food service
industry, grocery stores, or residential food scrap collection, or
as part of a research composting operation for the purpose of
obtaining data on pathogen reduction or other public health, animal
health, safety, or environmental concerns.
SEC. 2. Section 19213 of the Food and
Agricultural Code is amended to read:
19213. "Rendering" means all recycling, processing, and
conversion of animal and fish materials and carcasses and inedible
kitchen grease into fats, oils, proteins, and other products that are
used in the animal, poultry, and pet food industries and other
industries. "Rendering" does not include recycling, processing,
or conversion, by a solid waste facility licensed by the Department
of Resources Recycling and Recovery of mammalian, poultry, or fish
tissue from the food service industry, grocery stores, or residential
food scrap collection, or as part of a research composting operation
for the purpose of obtaining data on pathogen reduction or other
public health, animal health, safety, or environmental concerns.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The responsibility for solid waste management is a shared
responsibility between the state and local governments and the state
should exercise this responsibility in a manner that ensures an
effective and coordinated approach to the safe management of all
solid waste generated within the state and shall oversee the design
and implementation of local integrated waste management plans.
(b) It is the policy of the state to assist local governments in
minimizing duplication of effort, and in minimizing the costs
incurred, in implementing Division 30 (commencing with Section 40000)
of the Public Resources Code through the development of regional
cooperative efforts and other mechanisms that comply with that
division.
(c) Illegal dumping abatement, enforcement, and public awareness
programs should be included among the services provided by state and
local integrated waste management programs, and the state should
coordinate illegal dumping programs.
SEC. 2. Section 40142 is added to the Public
Resources Code, to read:
40142. "Illegal dumping" means the act of disposing of solid
waste at a location that is not a permitted solid waste disposal
facility or that is not otherwise authorized for the disposal of
solid waste pursuant to this division or regulations adopted by the
board.
SEC. 3. 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 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.
(3) Except as provided in Sections 41783 and 41784, for each
subsequent revision of the element, the jurisdiction shall divert 60
percent of all solid waste on and after January 1, 2015, 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. 4. Section 41780.01 is added to the Public
Resources Code, to read:
41780.01. Except as provided in Sections 41783 and 41784, the
state's waste reduction target is to divert 75 percent of solid
waste, on and after January 1, 2020, through source reduction,
recycling, and composting activities.
SEC. 5. Chapter 12.8 (commencing with Section
42649) is added to Part 3 of Division 30 of the Public Resources
Code, to read:
CHAPTER 12.8. COMMERCIAL RECYCLING
42649. (a) Except as otherwise provided in a local ordinance
adopted pursuant to subdivision (b), on and after January 1, 2012,
the owner or operator of a business that contracts for solid waste
services and generates more than four cubic yards of total solid
waste and recyclable materials that are not solid waste, per week,
shall arrange for recycling services applicable to the collection,
handling, or recycling of solid waste, to the extent that these
services are offered and reasonably available from a local service
provider.
(b) By January 1, 2012, each city, county, solid waste authority,
or other joint powers authority located within a county with a
population of 200,000 or more shall adopt a commercial recycling
ordinance that is consistent with this section.
(c) A commercial recycling ordinance adopted pursuant to this
section shall include, at a minimum, all of the following:
(1) Enforceable requirements that a business described in
subdivision (a) take one of the following actions:
(A) Source separate specified recyclable materials from solid
waste and subscribe to a basic level of recycling service that
includes the collection of those recyclable materials or specific
provisions for authorized self-hauling.
(B) Subscribe to an alternative type of recycling service, which
may include mixed waste processing that yields diversion results
comparable to source separation.
(2) Educational, implementation, and enforcement provisions.
(3) The existing right of a business to sell or donate its
recyclable materials.
(d) For the purposes of this section, "business" means a
commercial entity operated by a firm, partnership, proprietorship,
joint stock company, corporation, or association that is organized
for profit or nonprofit, and multifamily housing.
(e) This section does not limit the authority of a local agency to
adopt, implement, or enforce a local commercial recycling ordinance
that is more stringent or comprehensive than the requirements of this
section or limit the authority of a local agency in a county with a
population of less than 200,000 to require commercial recycling.
(f) This section does not modify or abrogate in any manner either
of the following:
(1) A franchise granted or extended by a city, county, or other
local government agency immediately preceding January 1, 2011.
(2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, or other local
government agency in effect immediately preceding January 1, 2011.
(g) (1) When adopting an ordinance pursuant to this section, a
local agency may consider the adequacy of areas for collecting and
loading recyclable materials.
(2) Notwithstanding paragraph (1), a local agency shall not
consider the adequacy of areas for collecting and loading recyclable
materials for purposes of not complying with this section at a
development project, as defined pursuant to Section 42905, if the
development project was approved by the local agency on or after
September 1, 1994.
SEC. 6. Section 44009 of the Public Resources
Code is amended to read:
44009. (a) (1) Except as provided in paragraph (4), the board
shall, in writing, concur in or object to the issuance, modification,
or revision of a solid waste facilities permit within 60 days from
the date of the board's receipt of the proposed solid waste
facilities permit submitted under Section 44007, as part of the
complete and correct permit package that conforms with this division
and the regulations adopted pursuant to this division, as determined
by the board, after consideration of the issues in this section.
(2) If the board determines that the proposed permit is not
consistent with the state minimum standards adopted pursuant to
Section 43020, or is not consistent with Sections 43040, 43600,
44007, 44010, 44017, 44150, and 44152 or Division 31 (commencing with
Section 50000), the board shall object to the proposed permit and
shall submit the basis for its objections to the enforcement agency,
within 15 days after the board's determination.
(3) If the board fails to concur in or object to the proposed
permit in writing within the 60-day period specified in paragraph (1)
or the 90-day period specified in paragraph (4), whichever is
applicable, the board shall be deemed to have concurred in the
issuance of the proposed permit by operation of law.
(4) If the board does not have a full 60 days to review a proposed
permit because of the board's schedule of meetings, the board shall
object, in writing, to the issuance, modification, or revision of the
permit within 90 days from the date of the board's receipt of the
proposed solid waste facilities permit submitted pursuant to Section
44007, as part of a complete and correct permit package that conforms
with this division and the regulations adopted pursuant to this
division, as determined by the board.
(b) Notwithstanding subdivision (a), the board is not required to
concur in, or object to, and shall not be deemed to have concurred
in, the issuance of a solid waste facilities permit for a disposal
facility if the owner or operator is not in compliance with, as
determined by the regional water board, an enforcement order issued
pursuant to Chapter 5 (commencing with Section 13300) of Division 7
of the Water Code, or if all of the following conditions exist:
(1) Waste discharge requirements for the disposal facility issued
by the applicable regional water board are pending review in a
petition before the state water board.
(2) The petition for review of the waste discharge requirements
includes a request for a stay of the waste discharge requirements.
(3) The state water board has not taken action on the stay request
portion of the pending petition for review of waste discharge
requirements.
(c) In objecting to the issuance, modification, or revision of a
proposed solid waste facilities permit pursuant to this section, the
board shall, based on substantial evidence in the record as to the
matter before the board, state its reasons for objecting. The board
shall not object to the issuance, modification, or revision of a
proposed solid waste facilities permit unless the board finds that
the permit is not consistent with the state minimum standards adopted
pursuant to Section 43020, or is not consistent with Section 43040,
43600, 44007, 44010, 44017, 44150, or 44152 or Division 31
(commencing with Section 50000).
(d) Nothing in this section is intended to require that a solid
waste facility obtain a waste discharge permit from a regional water
board prior to obtaining a solid waste facilities permit.
SEC. 7. Section 45014 of the Public Resources
Code is amended to read:
45014. (a) Upon the failure of a person to comply with a final
order issued by a local enforcement agency or the board, the Attorney
General, upon request of the board, shall petition the superior
court for the issuance of a preliminary or permanent injunction, or
both, as may be appropriate, restraining the person from continuing
to violate the order or complaint.
(b) An attorney authorized to act on behalf of the local
enforcement agency or the board may petition the superior court for
injunctive relief to enforce this part, a term or condition in a
solid waste facilities permit, or a standard adopted by the board or
the local enforcement agency.
(c) In addition to the administrative imposition of civil
penalties pursuant to this part, Article 6 (commencing with Section
42850) of Chapter 16 of Part 3, and Article 4 (commencing with
Section 42962) of Chapter 19 of Part 3, an attorney authorized to act
on behalf of the local enforcement agency or the board may apply, to
the clerk of the appropriate court in the county in which the civil
penalty was imposed, for a judgment to collect the penalty. The
application, which shall include a certified copy of the decision or
order in the civil penalty action, constitutes a sufficient showing
to warrant issuance of the judgment. The court clerk shall enter the
judgment immediately in conformity with the application. The judgment
so entered shall include the amount of the court filing fee that
would have been due from an applicant who is not a public agency, and
has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may
be enforced in the same manner as any other judgment of the court in
which it is entered if the amount of the unpaid court filing fee is
paid to the court prior to satisfying any of the civil penalty
amount. Thereafter, a civil penalty or judgment recovered shall be
paid, to the maximum extent allowed by law, to the board or to the
local enforcement agency, whichever is represented by the attorney
who brought the action.
SEC. 8. Section 45024 of the Public Resources
Code is amended to read:
45024. An attorney authorized to act on behalf of the board or a
local enforcement agency may petition the superior court to impose,
assess, and recover the civil penalties authorized by Section 45023.
Penalties recovered pursuant to this section shall be paid, to the
maximum extent allowed by law, to the board or to the local
enforcement agency, whichever is represented by the attorney bringing
the action.
SEC. 9. Section 48000 of the Public Resources
Code is amended to read:
48000. (a) An operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization that is based on the
amount, by weight or volumetric equivalent, as determined by the
board, of all solid waste disposed of at each disposal site.
(b) Until December 31, 2011, the amount of the fee shall be
established by the board at an amount that is sufficient to generate
revenues equivalent to the approved budget for that fiscal year,
including a prudent reserve, but the fee shall not exceed one dollar
and forty cents ($1.40) per ton.
(c) (1) On and after January 1, 2012, the amount of the fee shall
equal two dollars and thirteen cents ($2.13) per ton, except the
board shall adjust the fee not more than once every two years to
reflect increases or decreases in the cost of living during the prior
two fiscal years as measured by the California Consumer Price Index
issued by the Department of Industrial Relations or a successor
agency.
(2) The board shall notify the State Board of Equalization on the
first day of the period in which a rate adjustment made by the board
pursuant to this section shall take effect.
(d) The board and the State Board of Equalization shall ensure
that all the fees for solid waste imposed pursuant to this section
that are collected at a transfer station are paid to the State Board
of Equalization in accordance with this article.
SEC. 10. Chapter 2.7 (commencing with Section
48300) is added to Part 7 of Division 30 of the Public Resources
Code, to read:
CHAPTER 2.7. ILLEGAL DUMPING PREVENTION GRANT AND LOAN PROGRAM
48300. (a) The board may establish an illegal dumping prevention
program to provide grants or loans to local agencies to fund the
development of new, or the expansion of existing, comprehensive local
illegal dumping programs for the purpose of reducing the occurrence
of illegal dumping in the state.
(b) For the purposes of this chapter, "local agency" means a city,
county, special district, or other local governmental agency that
has responsibility for illegal dumping.
48301. (a) The board may expend moneys in the Integrated Waste
Management Account in the Integrated Waste Management Fund and other
funds as appropriate, upon appropriation by the Legislature, for
purposes of providing grants and loans pursuant to Section 48300. The
board may provide the grants and loans only after the fee increase
pursuant to paragraph (1) of subdivision (c) of Section 48000 is
effective and generating funds.
(b) The board may expend moneys, upon appropriation by the
Legislature, for program administration.
(c) All funds received from the operation of the program,
including, but not limited to, principal repayments, shall be
deposited in the fund and may be used for purposes authorized by this
chapter.
48302. Loans made pursuant to this chapter shall be subject to
all of the following requirements:
(a) The terms of any approved loan shall be specified in a loan
agreement between the borrower and the board.
(b) The board shall approve only those loan applications that
demonstrate the applicant's financial ability to repay the loan.
(c) The term of any loan made pursuant to this section shall not
exceed five years.
(d) The interest rate of any loan made pursuant to this section
may be zero percent.
SEC. 11. Chapter 8 (commencing with Section
49700) is added to Part 8 of Division 30 of the Public Resources
Code, to read:
CHAPTER 8. REFUSE SERVICE PROVIDER MODEL ORDINANCE PROGRAM
49700. For purposes of this chapter, the following terms have the
following meanings:
(a) "Generator" means a person that disposes or arranges for the
disposal of solid waste generated by that person.
(b) "Refuse service provider" means a person that, for
compensation, accepts or collects solid waste incidental to cleanup
or delivery services, and transports that solid waste from a
residential, commercial, or industrial location, for the purpose of
subsequent recycling, transfer, or disposal of that solid waste.
"Refuse service provider" does not include a local agency or
franchise hauler that transports solid waste in accordance with a
franchise agreement with a local agency.
(c) "Service vehicle" means a motor-propelled or self-propelled
vehicle that is used for transporting solid waste over the public
streets of unincorporated and incorporated areas of a county for
compensation, regardless of whether the operations of that vehicle
extend beyond the boundaries of the county.
49702. (a) On or before January 1, 2011, the board shall adopt a
model ordinance that may include, but shall not be limited to, the
following elements:
(1) Registration and operational requirements for refuse service
providers.
(2) Standards for inspection of service vehicles, including
safety, cleanliness, and signage.
(3) Penalties for noncompliance and other enforcement mechanisms.
(4) Administrative hearing procedures for appeals of enforcement
actions.
(5) Standards for providing receipts of service to generators.
(6) Local funding mechanisms.
(b) The board shall post the model ordinance described in
subdivision (a) on its Internet Web site.
(c) A local agency may, but is not required to, adopt the model
ordinance described in this section.
(d) The board shall adopt the model ordinance described in
subdivision (a) only after the fee increase pursuant to paragraph (1)
of subdivision (c) of Section 48000 is effective and generating
funds.
SEC. 12. 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.
