Bill Text: CA SB25 | 2009-2010 | Regular Session | Amended

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

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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

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BILL NUMBER: SB 25	AMENDED
	BILL TEXT

	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, 41780.01, and 41826 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.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 25, as amended, Padilla. Solid waste.
   (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 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
  contains elements  for  residential
 refuse service providers. A  city or county
  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  public
  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.
   (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  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.
   (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,  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.
   (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: 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) 
    (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.  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   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, 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) 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. 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 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. 9.  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. 10.  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. 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.   (a)    The board may establish an
illegal dumping prevention program to provide grants or loans to
 public   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.
   (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   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.
 "Residential refuse   "Refuse  service
provider" does not include a  public   local
 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) 
    (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  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  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) Requirements for service vehicles relating to safety,
cleanliness, and signage.  
   (6) 
    (5)  Standards for providing receipts of service  to
  generators  . 
   (7) 
    (6)  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   local agency 
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.