Bill Text: CA SB25 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 SENATE APRIL 13, 2009
INTRODUCED BY Senator Padilla
DECEMBER 1, 2008
An act to add Article 4 (commencing with Section 40520)
to Chapter 3 of Part 1 of Division 30 of the Public Resources Code,
relating to An act to amend Sections 41780, 44009,
45014, 45024, and 48000 of, to add Sections 40142, 41780.01, and
41826 to, and to add Chapter 12.8 (commencing with Se
ction 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 25, as amended, Padilla. Solid waste: diversion.
waste.
The
(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 the board, by July 1, ____, to develop a
strategic and comprehensive plan to achieve, on or before January 1,
____, a diversion rate of 75% of solid waste statewide from landfill
disposal or transformation.
The bill would require the board to adopt policies, programs, and
incentives to ensure that on or before December 21, ____, 60% of all
solid waste generated in the state is source reduced, recycled, or
composted and to ensure that on or before January 1, ____, and
annually thereafter, 75% of all solid waste generated is source
reduced, recycled, or composted.
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 requires the board to determine whether a jurisdiction
has been making a good faith effort to implement its source
reduction and recycling element and household hazardous waste element
in specified circumstances. The act specifies information that the
board is required to consider in making that determination.
This bill would require the board additionally to consider the
jurisdiction's efforts in diverting organic material from disposal or
deposit in solid waste landfills.
(3) 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.
(4) 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 establishes an enforcement program for
residential refuse service providers. A city or county 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 public agencies 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.
(5) 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 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.
(6) 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.
(7) 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, 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 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.
(8) This bill would also make technical, nonsubstantive changes to
the act.
(9) 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: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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) Market development is the key to successful and cost-effective
implementation of the 25-percent and 50-percent diversion
requirements in Section 41780 of the Public Resources Code, and the
state should take a leadership role, pursuant to Chapter 1
(commencing with Section 42000) of Part 3 of Division 30 of the
Public Resources Code, in encouraging the expansion of markets for
recycled products by working cooperatively with the public, private,
and nonprofit sectors.
(d) 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 city or county
jurisdiction's source reduction and recycling element shall
include an implementation schedule that shows both of the following:
(1) For the initial element, the city or county
jurisdiction shall divert 25 percent of all solid waste
from landfill disposal or transformation by
January 1, 1995, through source reduction, recycling, and composting
activities.
(2) Except as provided in Sections 41783 ,
and 41784, and 41785, for the first and
each subsequent revision of the element, the city or county
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) Nothing in this part prohibits a city or county
This section does not prohibit a jurisdiction
from implementing source reduction, recycling, and composting
activities designed to exceed these 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. Section 41826 is added to the
Public Resources Code , to read:
41826. For purposes of determining pursuant to Section 41825
whether a jurisdiction has made a good faith effort, the board, in
addition to the criteria required by that section, shall also
consider the jurisdiction's efforts to divert organic material from
disposal or deposit in solid waste landfills.
SEC. 6. 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) 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, both 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.
(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. 7. Section 44009 of the Public
Resources Code is amended to read:
44009. (a) (1) The Except as provided in
paragraph (4), the board shall, in writing, concur in
or object to the issuance, modification, or revision of
any a solid waste facilities permit
within 60 days from the date of the board's receipt of any
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 provisions of
the proposed permit and shall submit
those the basis for its objections to the
local enforcement agency , within 15 days
after the board's determination for its consideration
.
(3) If the board fails to concur 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 as submitted to it 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
any 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 any 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. 8. 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 or
persons 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 . The if the amount
of the unpaid court filing fee shall be is
paid to the court prior to satisfying any of the civil penalty
amount. Thereafter, any 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. 9. Section 45024 of the Public
Resources Code is amended to read:
45024. Any 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. Any penalties
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. 10. Section 48000 of the Public
Resources Code is amended to read:
48000. (a) Each An operator of a
disposal facility shall pay a fee quarterly to the State Board of
Equalization which 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) The fee for solid waste disposed of shall be one
dollar and thirty-four cents ($1.34) per ton. Commencing with the
1995-96 fiscal year 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) The board shall notify the State Board of Equalization on the
first day of the period in which the rate shall take effect of any
rate change adopted pursuant to this section.
(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. 11. 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 PROGRAM DEVELOPMENT
GRANT AND LOAN PROGRAM
48300. The board may establish an illegal dumping prevention
program to provide grants or loans to public 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.
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.
(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. 12. 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 of 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.
"Residential refuse service provider" does not include a public
agency or franchise hauler that transports solid waste in accordance
with a franchise agreement with a local government or other public
agency.
(c) "Service provider" means a person that transports or arranges
for the transportation of solid waste.
(d) "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 establishes an enforcement program for
residential refuse service providers. The model ordinance may
include, but shall not be limited to, the following elements:
(1) Registration requirements for refuse service providers.
(2) Standards for inspection of service vehicles.
(3) Penalties for noncompliance and other enforcement mechanisms.
(4) Administrative hearing procedures for appeals of enforcement
actions.
(5) Requirements for service vehicles relating to safety,
cleanliness, and signage.
(6) Standards for providing receipts of service.
(7) Local funding mechanisms.
(b) The board shall post the model ordinance described in
subdivision (a) on its Internet Web site.
(c) A city or county may, but is not required to, adopt the model
ordinance described in this section.
SEC. 13. 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.
SECTION 1. Article 4 (commencing with Section
40520) is added to Chapter 3 of Part 1 of Division 30 of the Public
Resources Code, to read:
Article 4. Statewide Diversion
40520. The Legislature finds and declares all of the following:
(a) Since the enactment of this division, local governments and
private industry have worked jointly to create an extensive material
collection and recycling infrastructure and have implemented
effective programs to achieve a statewide diversion rate above 50
percent.
(b) Although the state now leads the nation in waste reduction and
recycling, the state continues to dispose of more than 40 million
tons of waste each year, which is more than the national average on a
per capita basis.
(c) To meet the goals of the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code), there is an urgent need to reduce greenhouse
gas emissions from all aspects of solid waste handling through
increased source reduction, reuse, and recycling.
(d) The purpose of this article is to build on the successful
efforts of local governments and private industry to achieve a
statewide diversion rate of 75 percent by January 1, ____ , through
strategic statewide initiatives developed and implemented by the
board.
40521. On or before July 1, ____ , the board shall develop a
strategic and comprehensive plan to achieve, on or before January 1,
____, a diversion rate of 75 percent of solid waste statewide from
landfill disposal or transformation. The plan developed by the board
shall include all of the following:
(a) Place primary emphasis on programs that minimize the
generation of solid waste, maximize diversion from landfills, and
manage materials to ensure their highest and best use in accordance
with the waste management hierarchy specified in Section 40051 and in
support of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).
(b) Include specific statewide strategies for promoting producer
responsibility, increasing commercial recycling, expanding the
recovery of construction and demolition debris, increasing the
diversion of organics, and increasing recycling opportunities for
multifamily housing.
(c) Identify opportunities to update and expand the source
reduction and recycling elements of the local integrated waste
management plans prepared pursuant to Chapter 2 (commencing with
Section 41000) or Chapter 3 (commencing with Section 41300) of Part
2, to include cost-effective opportunities to advance waste
management practices that increase diversion and reduce greenhouse
gas emissions.
(d) Include specific strategies to enable each state agency to
achieve a diversion rate of 75 percent on or before January 1, ____ .
(e) Identify incentives, investments, and environmentally sound
processing technologies that are necessary to achieve a diversion
rate of 75 percent.
40522. The board shall adopt policies, programs, and incentives
to ensure that solid waste generated in this state is source reduced,
recycled, or composted, in accordance with the following schedule:
(a) On or before December 21, ____, ensure that 60 percent of all
solid waste generated is source reduced, recycled, or composted.
(b) On or before January 1, ____, and annually thereafter, ensure
that 75 percent of all solid waste generated is source reduced,
recycled, or composted.
