Bill Text: CA SB44 | 2009-2010 | Regular Session | Amended


Bill Title: Integrated waste management.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB44 Detail]

Download: California-2009-SB44-Amended.html
BILL NUMBER: SB 44	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Denham

                        JANUARY 7, 2009

    An act to add Section 620 to the Public Resources Code,
relating to state government.   An act to amend Sections
68055.1, and 68055.2 of, and to repeal Sections 66799.22 and
66799.40 of, the Government Code, to amend Sections 18909, 25141.6,
25143.12, 25150, 25197.2, 25201.1, 25213, 25214.8.13, 25214 
 .10.1, 25218.9, 25218.10, 25244.6, 25244.15.1, 25250.1,
25250.15, 25250.18, 25250.19, 33459.1, 39762, 39763, 41705, 41805.5,
and 41865.5 of the Health and Safety Code, to amend Sections 10507.5,
12153, 12164.5, 12165, 12166, 12167, 12167.1, 12200, 12207, 12211,
12215, 12217, 12301, 12310, and 12320 of the Public Contract Code, to
amend Sections 40051, 40054, 40059.1, 40062, 40063, 40106, 40117,
40127, 40130, 40131, 40145, 40148, 40150.2, 40183, 40184, 40194,
40910, 40911,   40912, 40913, 40950, 40972, 40973, 40974,
40975, 41030, 41031, 41032, 41033, 41220, 41300, 41330, 41331, 41332,
41333, 41420, 41510, 41720, 41721.5, 41733, 41734, 41750, 41770,
41780.05, 41780.1, 41781.1, 41781.2, 41781.3, 41782, 41783, 41783.1,
41784, 41786, 41787, 41787.1, 41787.2, 41787.3, 41787.4, 41790,
41791, 41791.1, 41791.2, 41791.5, 41794, 41800, 41801, 41801.5,
41802, 41810, 41810.1, 41811, 41811.5, 41812, 41813, 41820.5,
41820.6, 41821, 41821.1, 41821.2, 41821.3, 41821.5, 41821.6, 41822,
41825, 41850, 41850.5, 41851, 41903, 41956, 42000, 42002, 42005,
42007, 42012, 42013, 42014, 42015, 42019, 42020, 42023.1, 42023.3,
42023.4, 42023.5, 42023.6, 42024, 42106, 42171, 42172, 42240,
42241.5, 42244, 42244.5, 42245, 42252, 42291, 42291.5, 42292, 42293,
42294, 42295, 42296, 42297, 42301, 42310, 42310.1, 42310.2, 42310.3,
42320, 42321, 42322, 42323, 42325, 42326, 42327, 42330, 42356.1,
42359.7, 42410, 42411, 42414, 42415, 42441, 42443, 42450, 42461,
42463, 42464, 42465, 42474, 42475, 42475.2, 42475.4,  
42476, 42477, 42478, 42479, 42485, 42500, 42501, 42510, 42511, 42520,
42540, 42551, 42555, 42556, 42557, 42558, 42561, 42562, 42600,
42601, 42602, 42605, 42621, 42635, 42640, 42641, 42642, 42645, 42646,
42647, 42648.1, 42648.2, 42648.5, 42650, 42651, 42700, 42703, 42760,
42770, 42773, 42774, 42775, 42780, 42781, 42782, 42783, 42791,
42811, 42812, 42820, 42821, 42822, 42823, 42823.5, 42825, 42830,
42831, 42832, 42833, 42835, 42841, 42843, 42844, 42845, 42846,
42846.5, 42847, 42847.5, 42848, 42849, 42850, 42851, 42855, 42867,
42871, 42872.5, 42   873, 42874, 42875, 42880, 42881, 42882,
42883, 42885, 42885.5, 42888, 42889, 42889.3, 42910, 42912, 42920,
42921.5, 42924, 42925, 42926, 42927, 42951, 42952, 42953, 42954,
42955, 42956, 42960, 42961, 42961.5, 42962, 42962.5, 42963, 42964,
42966, 42967, 43020, 43020.1, 43030, 43035, 43040, 43050, 43101,
43103, 43200, 43201, 43202, 43204, 43205, 43207, 43209, 43209.1,
43210, 43211, 43212, 43212.1, 43214, 43215, 43215.1, 43216, 43216.5,
43217, 43218, 43219, 43220, 43230,   43231, 43232, 43300,
43301, 43302, 43303, 43304, 43305, 43306, 43307, 43308, 43309, 43310,
43310.1, 43501, 43501.5, 43502, 43504, 43505, 43506, 43507, 43508,
43509, 43510, 43600, 43601, 43601.5, 43603, 43606, 44000.5, 44001,
44002.1, 44003, 44004, 44005, 44006, 44007, 44008, 44009, 44010,
44014, 44018, 44100, 44104, 44152, 44202, 44203, 44309, 44820, 45000,
45002, 45003, 45005, 45010, 45010.1, 45010.2, 45011, 45012, 45013,
45014, 45016, 45017, 45018, 45019, 45020, 45021, 45022, 45023, 45024,
45025, 45030, 45031, 45032, 45040, 45041, 47050, 47102, 47103,
47104, 47106, 47107, 47108, 47120, 47121, 47122, 47123, 47200, 47201,
47202, 47203, 47901, 48000, 48004, 48005, 48006, 48020, 48021,
48022, 48022.5, 48023, 48023.5, 48025, 48026, 48027, 48028, 48100,
48101, 48103, 48104, 48106, 48202, 48204, 48205, 48206, 48632, 48634,
48640, 48641, 48642, 48643, 48644, 48645, 48650, 48650.2, 48650.5,
48651, 48652, 48653, 48655, 48656, 48657, 48660, 48660.5, 48661,
48662, 48670, 48671, 48671.5, 48672, 48673, 48674, 48675,  
48676, 48680, 48690, 50000, 50000.5, 50001, 50001.5, 50002, 71011,
71017, 71071, 71300, 71302, 71303, and 71305 of, to amend the heading
of Article 1.5 (commencing with Section 40910) of Chapter 1 of Part
2 of Division 30 of, to amend the heading of Article 1 (commencing
with Section 41800) of Chapter 7 of Part 2 of Division 30 of, to add
Section 40400 to, to repeal Sections 42416 and 48502 of, and to
repeal Chapter 3 (commencing with Section 40400) of Part 1 of
Division 30 of, the Public Resources Code, to amend Section 7718 of
the Public Utili   ties Code, to amend Sections 45855,
45863, 45981, and 45982 of the Revenue and Taxation Code, and to
amend Section 31560 of the Vehicle Code, relating to Integrated Waste
Management. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 44, as amended, Denham.  State government: integrated
  Integrated  waste  management board:
abolishment.   management. 
   The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board, is
required to reduce, recycle, and reuse solid waste generated in the
state to the maximum extent feasible in an efficient cost-effective
manner to conserve water, energy, and other natural resources.

   This bill would abolish the California Integrated Waste Management
Board and transfer its duties, responsibilities, powers,
jurisdiction, liabilities, and functions to the Department of
Conservation.  
   This bill would abolish the board and transfer all of its
authority, duties, powers, purposes, responsibilities, and
jurisdiction to the Department of Conservation and the Department of
Toxic Substances Control, as described. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 66799.22 of the Government Code is
repealed.  
   66799.22.  The board may do all of the following:
   (a) Enter into loan guarantee agreements with owners or operators
of solid waste landfills operating solid waste disposal facilities on
or after January 1, 1988, pursuant to a solid waste facilities
permit issued pursuant to Article 2 (commencing with Section
66796.30) of Chapter 3.
   (b) Enter into contracts which the board determines to be
necessary to carry out its powers and duties pursuant to this
chapter.
   (c) Provide grants, pursuant to Section 66799.40, to cities,
counties, or local agencies with responsibility for waste management
for local programs to help prevent the disposal of hazardous wastes
at solid waste disposal sites, including, but not limited to,
programs to manage household hazardous waste. These grants shall not
exceed, in any one fiscal year, more than 20 percent of the total
revenues deposited, or anticipated to be deposited, in the account
during the same fiscal year.
   (d) Fix reasonable fees and charges for loan guarantees and
revise, from time-to-time, these fees and charges.  
  SEC. 2.    Section 66799.40 of the Government Code is
repealed.  
   66799.40.  The board may make grants of funds in the account to a
city, county, or local agency with responsibility for waste
management for any of the following purposes related to the safe
operation, closure, and maintenance of solid waste landfills
operating on or after January 1, 1988:
   (a) Support for establishing collection systems to ensure that
hazardous waste, including, but not limited to, household hazardous
waste, is not improperly disposed of in a solid waste landfill.
   (b) Payment of the local costs of waste control and enforcement
programs that help prevent the disposal of hazardous wastes in solid
waste landfills.
   (c) If a city, county, or local agency with responsibility for
waste management has already funded the type of program described in
subdivision (a) or (b) locally, the board shall award a minimum grant
of funds from the account to reimburse that city, county, or local
agency for the actual cost of the local program in that fiscal year
or 20 percent of the fees generated or anticipated to be generated in
the city, county, or local agency into the account during the same
fiscal year, whichever is less. This subdivision does not limit the
authority of the board to award grants of funds from the account in
excess of, or in addition to, the minimum grant amounts set forth in
this subdivision, in accordance with the grant criteria established
pursuant to Section 66799.23.  
  SEC. 3.    Section 68055.1 of the Government Code is
amended to read: 
   68055.1.  Unless the context otherwise requires, the definitions
as set forth in this section govern the construction of this chapter.

   (a) "Public place" means any area that is used or held out for the
use of the public whether owned and operated by public or private
interests, but not including indoor areas. "Indoor area" means any
enclosed area covered with a roof and protected from moisture and
wind.
   (b) "Drive-in restaurant" means a restaurant that sells food
products for immediate consumption on or near a location at which
parking facilities are provided for the use of patrons in consuming
the products purchased at the restaurant.
   (c) "Fast food outlet" means a restaurant that sells food products
primarily on a "takeout" or "to go" basis.
   (d) "Grocery stores" includes, but is not limited to, convenience
markets that sell groceries.
   (e) "Shopping centers" means a group of two or more stores that
maintain a common parking lot for patrons of those stores. 
   (f) "Board" means the State Solid Waste Management Board.

   (g) 
    (f)  "Litter" means all improperly discarded waste
material, including, but not limited to, convenience food, beverage,
and other product packages or containers constructed of steel,
aluminum, glass, paper, plastic, and other natural and synthetic
materials, thrown or deposited on the lands and waters of the state,
but not including the properly discarded waste of the primary
processing of agriculture, mining, logging, sawmilling, or
manufacturing. 
   (h)
    (g)  "Solid waste" means all putrescible and
nonputrescible solid, semisolid, and liquid wastes. 
  SEC. 4.    Section 68055.2 of the Government Code is
amended to read: 
   68055.2.  Litter receptacles shall be placed in all public places
in the state, including, but not limited to, the following:
   (a) Drive-in restaurants and fast food outlets.
   (b) Gasoline service stations.
   (c) Shopping centers.
   (d) Grocery stores.
   (e) Boat launching and takeout areas.
   (f) Boat moorage and fueling stations.
   (g) Public piers.
   (h) Parks and campgrounds.
   (i) Beaches.
   (j) Outdoor parking lots which have a capacity of 50 or more
automobiles and which are contiguous to the public places listed in
this section.
   The  board   Department of Conservation 
may further define "public place" by specifying in its regulations
particular types of places that are subject to the requirements of
this section.
   Litter receptacles need be placed in such public places only
during times such places, or events held at them, are open to the
public. 
  SEC. 5.    Section 18909 of the Health and Safety Code is
amended to read: 
   18909.  (a)  "Building standard" means any rule, regulation,
order, or other requirement, including any amendment or repeal of
that requirement, that specifically regulates, requires, or forbids
the method of use, properties, performance, or types of materials
used in the construction, alteration, improvement, repair, or
rehabilitation of a building, structure, factory-built housing, or
other improvement to real property, including fixtures therein, and
as determined by the commission.
   (b) Except as provided in subdivision (d), "building standard"
includes architectural and design functions of a building or
structure, including, but not limited to, number and location of
doors, windows, and other openings, stress or loading characteristics
of materials, and methods of fabrication, clearances, and other
functions.
   (c) "Building standard" includes a regulation or rule relating to
the implementation or enforcement of a building standard not
otherwise governed by statute, but does not include the adoption of
procedural ordinances by a city or other public agency relating to
civil, administrative, or criminal procedures and remedies available
for enforcing code violations.
   (d) "Building standard" does not include any safety regulations
that any state agency is authorized to adopt relating to the
operation of machinery and equipment used in manufacturing,
processing, or fabricating, including, but not limited to,
warehousing and food processing operations, but not including safety
regulations relating to permanent appendages, accessories, apparatus,
appliances, and equipment attached to the building as a part
thereof, as determined by the commission.
   (e) "Building standard" does not include temporary scaffoldings
and similar temporary safety devices and procedures that are used in
the erection, demolition, moving, or alteration of buildings.
   (f) "Building standard" does not include any regulation relating
to the internal management of a state agency.
   (g) "Building standard" does not include any regulation, rule,
order, or standard that pertains to mobilehomes, manufactured homes,
commercial coaches, special purpose commercial coaches, or
recreational vehicles.
   (h) "Building standard" does not include any regulation, rule, or
order or standard that pertains to a mobilehome park, as defined by
Section 18214, or special occupancy park, as defined by Section
18862.43, except that "building standard" includes the construction
of permanent buildings and plumbing, electrical, and fuel gas
equipment and installations within permanent buildings in a
mobilehome park or special occupancy park. For purposes of this
subdivision, "permanent building" means any permanent structure
constructed in the mobilehome park or special occupancy park that is
a permanent facility under the control and ownership of the park
operator.
   (i) "Building standard" does not include any regulation, rule,
order, or standard that pertains to mausoleums regulated under Part 5
(commencing with Section 9501) of Division 8.
   (j) "Building standard" does not include any regulation adopted by
the  California Integrated Waste Management Board, the
 Department of Toxic Substances Control, the Occupational
Safety and Health Standards Board, or the State Water Resources
Control Board concerning the discharge of waste to land or the
treatment, transfer, storage, resource recovery, disposal, or
recycling of the waste. 
  SEC. 6.    Section 25141.6 of the Health and Safety Code
is amended to read: 
   25141.6.  In any case where the department proposes to make a
determination that a waste meets one or more of the criteria and
guidelines for the identification of hazardous wastes adopted
pursuant to Section 25141, but that it is not necessary to manage the
waste as a hazardous waste because the waste possesses mitigating
physical and chemical characteristics that render it insignificant as
a hazard to human health, safety, or the environment, the department
shall issue a public notice of that proposed determination. The
public notice shall be electronically posted on the department's
Internet home page at least 30 days before the determination becomes
final and shall also be sent to all of the following:
   (a) The Chairperson of the California Environmental Policy
Council. 
   (b) The California Integrated Waste Management Board. 

   (c) 
    (b)  The State Water Resources Control Board. 
   (d) 
    (c)  Any person who requests the public notice. 

   (e) 
    (d)  Any solid waste enforcement agency or California
regional water quality control board, the jurisdiction of which the
department knows will be affected by the determination. 
  SEC. 7.    Section 25143.12 of the Health and Safety Code
is amended to read: 
   25143.12.  Notwithstanding any other provision of law, debris that
is contaminated only with crude oil or any of its fractions is
exempt from regulation under this chapter if all of the following
conditions are met:
   (a) The debris consists exclusively of wood, paper, textile
materials, concrete rubble, metallic objects, or other solid
manufactured objects.
   (b) The debris is not subject to regulation as a hazardous waste
or used oil under federal law.
   (c)  The debris does not contain any free liquids, as determined
by the paint filter test specified in the regulations adopted by the
department.
   (d) The debris, if not contaminated with crude oil or any of its
fractions, would not be regulated as a hazardous waste under this
chapter or the regulations adopted pursuant to this chapter.
   (e) The debris is not a container or tank that is subject to
regulation as hazardous waste under this chapter or the regulations
adopted pursuant to this chapter.
   (f) The debris is disposed of in a composite lined portion of a
waste management unit that is classified as either a Class I or Class
II waste management unit in accordance with Article 3 (commencing
with Section 2530) of Chapter 15 of Division 3 of Title 23 of the
California Code of Regulations, the disposal is made in accordance
with the applicable requirements of the California regional water
quality control board and the  California Integrated Waste
Management Board   department  , and, if the waste
management unit is a Class II landfill, it is sited, designed,
constructed, and operated in accordance with the minimum standards
applicable on or after October 9, 1993, to new or expanded municipal
solid waste landfills, that are contained in Part 258 (commencing
with Section 258.1) of Subchapter I of Chapter 1 of Title 40 of the
Code of Federal Regulations, as those regulations read on January 1,
1996. 
  SEC. 8.    Section 25150 of the Health and Safety Code is
amended to read: 
   25150.  (a)  The department shall adopt, and revise when
appropriate, standards and regulations for the management of
hazardous wastes to protect against hazards to the public health, to
domestic livestock, to wildlife, or to the environment.
   (b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
   (c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
   (d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
   (e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
   (f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game, the Department of Industrial Relations,
the Division of Industrial Safety, the State Air Resources Board, the
State Water Resources Control Board, the State Fire Marshal,
regional water quality control boards, the State Building Standards
Commission,  and  the Office of Environmental Health Hazard
Assessment  , and the California Integrated Waste Management
Board  . 
  SEC. 9.    Section 25197.2 of the Health and Safety Code
is amended to read: 
   25197.2.  (a) The department shall establish a statewide Hazardous
Waste Strike Force which shall consist of a representative from each
of the following agencies:
   (1) The Department of Transportation.
   (2) The Department of Industrial Relations.
   (3) The Department of Food and Agriculture.
   (4) The State Water Resources Control Board.
   (5) The State Air Resources Board.
   (6) The Department of the California Highway Patrol.
   (7) The Office of the State Fire Marshal in the Department of
Forestry and Fire Protection. 
   (8) The California Integrated Waste Management Board. 

   (9) 
    (8)  The Department of Fish and Game. 
   (10) 
   (9)  The Office of Emergency Services. 
   (11) 
    (10)  The Department of Toxic Substances Control.

   (12) 
    (11)  The Attorney General. 
   (13) 
    (12)  The Department of Pesticide Regulation.
   (b) The director, or the director's designee, shall direct and
coordinate the activities of the Hazardous Waste Strike Force.
   (c) The Hazardous Waste Strike Force shall do all of the
following:
   (1) Recommend standardized programs among the agencies represented
on the Hazardous Waste Strike Force for the purposes of uniformly
enforcing state hazardous waste statutes and regulations and
reporting violators of these statutes and regulations.
   (2) Recommend programs to publicize and improve the statewide
telephone number established pursuant to paragraph (5) of subdivision
(b) of Section 25197.1.
   (3) Recommend local and regional programs to report information
concerning violations of this chapter and any other hazardous waste
statutes and regulations. 
  SEC. 10.    Section 25201.1 of the Health and Safety Code
is amended to read: 
   25201.1.  (a) A solid waste facility, as defined in Section 40194
of the Public Resources Code, or any recycling facility, that accepts
and processes empty aerosol cans and de minimis quantities of
nonempty aerosol cans collected as an incidental part of the
collection of empty cans for recycling, is exempt from the
requirement to obtain a hazardous waste facilities permit or other
authorization from the department for purposes of conducting that
activity if both of the following conditions are met:
   (1) The nonempty aerosol cans are from products that are normally
intended for household use and were generated by households.
   (2) The city, county, or regional agency in the area that the
facility serves provides educational information to the public on the
safe collection and recycling or disposal of empty and nonempty
aerosol cans that encourages, to the maximum extent feasible, the
separation and recycling of empty aerosol cans through such programs
as curbside, dropoff, and buy-back recycling programs, and the
diversion of nonempty aerosol cans into household hazardous waste
collection programs. Issues of compliance with this subdivision shall
be determined by the  California Integrated Waste Management
Board   department  or by the appropriate local
enforcement agency.
   (b) This section is not intended to alter the obligation to manage
as a hazardous waste any nonempty aerosol cans that meet the
requirements of Section 25117, and that are not subject to the
exemption provided in this section.
   (c) Nothing in this section exempts a solid waste facility that
engages in an activity that requires a hazardous waste facility
permit, other than the acceptance and processing of empty aerosol
cans and de minimis quantities of nonempty aerosol cans as an
incidental part of the collection of empty cans for recycling, from
the requirement of obtaining a hazardous waste facilities permit.

  SEC. 11.   Section 25213 of the Health and Safety Code is
amended to read: 
   25213.  (a)  To implement subdivision (c) of Section 25212, the
department shall, based on reasonably available information, develop
a statewide list of appliance recyclers, used appliance dealers,
solid waste facilities, metal scrapyards, and others who may remove,
or do business with those who remove, from major appliances,
materials that require special handling. The department shall notify
persons on the list of the requirements of this chapter and the steps
that will be required to be taken to comply with this chapter.
   (b)  The department shall transmit a copy of the Appliance
Recycling Guide, published by the  California Integrated
Waste Management Board   department  , and any
other materials determined to be necessary by the department to
ensure compliance with this chapter, to the following persons and
agencies:
   (1)  Persons who apply for a generator identification number
indicating that they are involved with any activities regulated
pursuant to this article.
   (2)  The local officers and agencies authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
   (c)  The department shall transmit the generator identification
number of any person identified pursuant to paragraph (1) of
subdivision (b) and the statewide list developed pursuant to
subdivision (a) to the appropriate local officers and agencies
authorized to enforce this chapter pursuant to subdivision (a) of
Section 25180. 
  SEC. 12.    Section 25214.8.13 of the Health and Safety
Code is amended to read: 
   25214.8.13.  Each manufacturer shall individually, or collectively
with other manufacturers, do all of the following:
   (a) Collect, handle, and arrange for the appropriate management of
out-of-service mercury-added thermostats in compliance with this
chapter and the regulations adopted pursuant to this chapter.
   (b) On and after July 1, 2009, provide collection bins for
out-of-service mercury-added thermostat collection to wholesalers at
a cost not to exceed twenty-five dollars ($25).
   (c) On and after July 1, 2009, make collection bins available at
no cost for out-of-service mercury-added thermostats to any local
governmental agency that requests a collection bin for use at
household hazardous waste collection facilities or household
hazardous waste events.
   (d) Either arrange for pick up of the collection bins, or pay for
the costs of shipping the collection bins provided pursuant to
subdivisions (b) and (c) for proper handling and recycling.
   (e) From July 1, 2009, to December 31, 2011, inclusive, undertake
education and outreach efforts, including, but not limited to, all of
the following:
   (1) A public service announcement promoting the proper management
of out-of-service mercury-added thermostats. Copies of the public
service announcement shall be provided to the department  and
the California Integrated Waste Management Board  for their
use and promotion.
   (2) The establishment of a public Internet Web site. Templates of
educational materials shall be posted on the Internet Web site that
are in a form and format that can be easily downloaded. A link to the
Internet Web site shall be provided to the department  and
the California Integrated Waste Management Board  .
   (3) Methods used to engage other stakeholders such as waste,
demolition, heating, ventilation, and air-conditioning organizations,
as well as appropriate state agencies and local governments to
secure support and participation to encourage the proper management
of out-of-service mercury-added thermostats throughout California.
   (4) Strategies to work with California utilities participating in
demand response programs involving the replacement of thermostats to
encourage their participation in the collection and proper management
of out-of-service mercury-added thermostats. These strategies may
include the inclusion of an educational insert in their customers'
utility bills.
   (5) Contacting wholesalers in California and encouraging their
support and participation in educating their customers on the proper
management of out-of-service mercury-added thermostats.
   (6) Strategies used to encourage support and participation by
retailers and other outlets to educate consumers on the proper
management of out-of-service mercury-added thermostats.
   (f) On or before July 1, 2009, develop, and update as necessary,
educational and other outreach materials aimed at heating,
ventilation, and air-conditioning contractors, demolition
contractors, and their associations, municipal utility districts, and
homeowners. Those materials shall be made available to participating
retailers, all wholesalers, and household hazardous waste programs.
These materials shall include, but are not limited to, one or more of
the following:
   (1) Signage that is prominently displayed and easily visible to
the consumer and contractors.
   (2) Written materials and templates of materials for reproduction
by retailers and wholesalers to be provided to the consumer at the
time of purchase, delivery, or both purchase and delivery of a
thermostat. The materials shall include information on the
prohibition of improper disposal of mercury-added thermostats, the
proper management of out-of-service mercury-added thermostats, and
the locations of collection opportunities.
   (3) Advertising or other promotional materials, or both, that
include references to the collection opportunities.
   (4) Materials to be used in direct communications with the
consumer and contractor at the time of purchase.
   (g) Provide incentives and education to contractors, service
technicians, and homeowners to encourage the return of out-of-service
mercury-added thermostats to established collection locations.
   (h) Encourage the purchase of programmable thermostats that comply
with Part 6 (commencing with Section 100) of Title 24 of the
California Building Standards Code and that qualify for the Energy
Star program of the federal Environmental Protection Agency, as
replacements for mercury-added thermostats.
   (i) On or before April 1, 2010, and on or before April 1 annually
thereafter, submit an annual report to the department covering the
one-year period ending December 31st of the previous calendar year.
Each report shall be posted on the manufacturer's or program's
Internet Web site. The annual report shall include all of the
following:
   (1) The number of out-of-service mercury-added thermostats
collected in California during the previous calendar year.
   (2) The estimated total amount of mercury contained in the
collected out-of-service mercury-added thermostats.
   (3) An evaluation of the effectiveness of the program.
   (4) Commencing with the report due April 1, 2013, a comparison to
the performance requirements for collection established pursuant to
subdivision (b) of Section 25214.8.17.
   (5) An accounting of the program administrative costs, including a
copy of Internal Revenue Service Form 990 for a nonprofit
organization's program. For a for-profit organization's program, the
manufacturer, or group of manufacturers operating a program, shall
submit independently audited financial statements detailing revenues
and a full accounting of administrative costs incurred.
   (6) A description of the outreach strategies employed to increase
participation and collection rates.
   (7) Examples of outreach and educational materials used.
   (8) Names and locations of all participating collection locations.

   (9) The number of out-of-service mercury-added thermostats
collected at each collection location.
   (10) The Internet Web site address where the annual report may be
viewed online.
   (11) A description of how the collected out-of-service
mercury-added thermostats were managed.
      (12) Modifications that the manufacturer is proposing to make
in its collection and recycling program. 
  SEC. 13.    Section 25214.10.1 of the Health and Safety
Code is amended to read: 
   25214.10.1.  (a)  For purposes of this section, the following
definitions shall apply:
   (1) "Electronic device" means a video display device, as defined
in subdivision  (t)   (u)  of Section 42463
of the Public Resources Code, with a screen size of greater than
four inches.
   (2) "Covered electronic device," "manufacturer," and "retailer"
have the same meaning as those terms are defined in Section 42463 of
the Public Resources Code.
   (b) The department shall adopt regulations that identify
electronic devices that the department determines are presumed to be,
when discarded, a hazardous waste pursuant to this chapter.
   (c) (1)  Except as provided in subdivision (e), a manufacturer of
an electronic device that is identified in the regulations adopted by
the department shall send a notice in accordance with the schedule
specified in subparagraph (A) or (B), as applicable, of paragraph
(3), to any retailer that sells that electronic device manufactured
by the manufacturer. The notice shall identify the electronic device,
and shall inform the retailer that the electronic device is a
covered electronic device and is subject to a fee in accordance with
subdivision (d).
   (2) A manufacturer subject to this subdivision shall also send a
copy of the notice to the State Board of Equalization.
   (3) The notice required by this subdivision shall be sent in
accordance with the following schedule:
   (A) On or before October 1, 2004, the manufacturer shall send a
notice covering any electronic device manufactured by that
manufacturer that is identified in the regulations adopted by the
department on or before July 1, 2004, that identify the electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter.
   (B)  On or before April 1, 2005, and on or before every April 1 of
each year thereafter, the manufacturer shall send a notice covering
any electronic device manufactured by that manufacturer identified in
the regulations adopted by the department pursuant to subdivision
(b) on or before December 31 of the prior year.
   (4)  If a retailer sells a refurbished covered electronic device,
the manufacturer is required to comply with the notice requirement of
this subdivision only if the manufacturer directly supplies the
refurbished covered electronic device to the retailer.
   (d)  (1)  Except as provided in subdivision (e), a covered
electronic device that is identified in the regulations adopted, on
or before July 1, 2004, by the department, that identify electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter shall, on and
after January 1, 2005, be subject to Chapter 8.5 (commencing with
Section 42460) of Part 3 of Division 30 of the Public Resources Code,
including the fee imposed pursuant to Section 42464 of the Public
Resources Code.
   (2)  Except as provided in subdivision (e), a covered electronic
device identified in the regulations adopted by the department,
pursuant to subdivision (b), shall, on and after July 1 of the year
subsequent to the year in which the covered electronic device is
first identified in the regulations, be subject to Chapter 8.5
(commencing with Section 42460) of Part 3 of Division 30 of the
Public Resources Code, including the fee imposed pursuant to Section
42464 of the Public Resources Code.
   (e)  (1)  If the manufacturer of an electronic device that is
identified in the regulations adopted by the department pursuant to
subdivision (b) obtains the concurrence of the department that an
electronic device, when discarded, would not be a hazardous waste, in
accordance with procedures set forth in Section 66260.200 of Title
22 of the California Code of Regulations, the electronic device shall
cease to be a covered electronic device and shall cease to be
subject to subdivisions (c) and (d) on the first day of the quarter
that begins not less than 30 days after the date that the department
provides the manufacturer with a written nonhazardous concurrence for
the electronic device pursuant to this subdivision. A manufacturer
shall notify each retailer, to which that manufacturer has sold a
covered electronic device, that the device has been determined
pursuant to this subdivision to be nonhazardous and is no longer
subject to a covered electronic recycling fee.
   (2)  No later than 10 days after the date that the department
issues a written nonhazardous concurrence to the manufacturer, the
department shall do both of the following:
   (A)  Post on the department's Web site a copy of the nonhazardous
concurrence, including, but not limited to, an identification and
description of the electronic device to which the concurrence
applies.
   (B)  Send a copy of the nonhazardous concurrence, including, but
not limited to, an identification and description of the electronic
device to which the concurrence applies, to the  California
Integrated Waste Management Board and the  State Board of
Equalization.
   (f)  Notwithstanding Section 42474 of the Public Resources Code, a
fine or penalty shall not be assessed on a retailer who unknowingly
sells, or offers for sale, in this state a covered electronic device
for which the covered electronic waste recycling fee has not been
collected or paid, if the failure to collect the fee was due to the
failure of the State Board of Equalization to inform the retailer
that the electronic device was subject to the fee. 
  SEC. 14.    Section 25218.9 of the Health and Safety Code
is amended to read: 
   25218.9.  On or before October 1 of each year, a public agency, or
its contractor, operating a household hazardous waste collection
facility shall submit to the CUPA, or, in those jurisdictions where
there is no CUPA, to the officer or agency authorized pursuant to
subdivision (f) of Section 25404.3 to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404, a copy of the completed  California
Integrated Waste Management Board Form   department Form
 303, which is required to be submitted to  that board
  the department  for the prior fiscal year
pursuant to regulations adopted by  that board  
the department  . The completed  California Integrated
Waste Management Board  Form 303 shall also be submitted to
the department until (1) regulations promulgated by the Secretary for
Environmental Protection establishing a unified program information
collection and reporting system and standards are effective, (2) the
regulations require a statewide data base system that will enable the
department and the public to obtain the required information from
all CUPAs or the authorized officers or agencies, and (3) the
statewide data base system is in place and fully operational. 
  SEC. 15.    Section 25218.10 of the Health and Safety Code
is amended to read: 
   25218.10.  The department  and the California Integrated
Waste Management Board  shall  jointly 
develop and maintain a data base of all household hazardous waste
collection events, facilities, and programs within the state. The
department  and the California Integrated Waste Management
Board  shall  both  maintain that
information  , as a cooperative effort,  and shall
make information from the data base available to the public upon
request. However, the department  and the California
Integrated Waste Management Board shall implement this
section only to the extent that funds are appropriated therefor by
the Legislature. 
  SEC. 16.    Section 25244.6 of the Health and Safety Code
is amended to read: 
   25244.6.  The department, in consultation with the State Water
Resources Control Board,  and  the State Air Resources Board
 , and the California Waste Management Board  ,
shall do all of the following:
   (a) Implement a program to research, develop, and demonstrate
hazardous waste reduction, recycling, and treatment technologies at
appropriate locations throughout the state.
   (b) On or before January 1, 1987, and, in consultation with
industry and interested parties, adopt criteria for selecting
projects which would receive grants to pay for the construction of
equipment which would be used to demonstrate hazardous waste
reduction, recycling, or treatment technologies. The criteria shall
include provisions which require that, in assessing each project, the
department consider the feasibility of the project's particular
technology, the research and technical spinoffs likely to be
generated by the project, the degree to which the findings of the
projects can be disseminated and evaluated for replication elsewhere,
and the consistency of, and contributions of, the project to the
state's hazardous waste management program.
   (c) Using the criteria adopted pursuant to subdivision (b), select
projects to receive grants to construct equipment which would be
used to demonstrate hazardous waste reduction, recycling, or
treatment technologies. A grant issued by the department pursuant to
this section is not subject to Chapter 2 (commencing with Section
10290) of Part 2  of Division 2  of the Public Contract
Code, including, but not limited to, Section 10295 of the Public
Contract Code, or Chapter 10 (commencing with Section 4525) of
Division 5 of Title 1 of the Government Code. The department shall
select projects which also meet at least one of the following
requirements:
   (1) The project has onsite, as well as offsite potential, for the
reduction, recycling, or treatment of hazardous waste.
   (2) The project has the potential to benefit, or be utilized by,
small businesses.
   (3) The project is applicable to a range of industries. 
  SEC. 17.    Section 25244.15.1 of the Health and Safety
Code is amended to read: 
   25244.15.1.  (a)  The California Source Reduction Advisory
Committee is hereby created and consists of the following members:
   (1) The Executive Director of the State Air Resources Board, as an
ex officio member.
   (2) The Executive Director of the State Water Resources Control
Board, as an ex officio member.
   (3) The Director of Toxic Substances Control, as an ex officio
member. 
   (4) The Executive Director of the Integrated Waste Management
Board, as an ex officio member.  
   (5) 
    (4   )  The Chairperson of the California
Environmental Policy Council established pursuant to Section 71017 of
the Public Resources Code, as an ex officio member. 
   (6) 
    (5)  Ten public members with experience in source
reduction as appointed by the department. These public members shall
include all of the following:
   (A) Two representatives of local governments from different
regions of the state.
   (B) One representative of a publicly owned treatment works.
   (C) Two representatives of industry.
   (D) One representative of small business.
   (E) One representative of organized labor.
   (F) Two representatives of statewide environmental advocacy
organizations.
   (G) One representative of a statewide public health advocacy
organization. 
   (7) 
    (6)  The department may appoint up to two additional
public members with experience in source reduction and detailed
knowledge of one of the priority categories of generators selected in
accordance with Section 25244.17.1.
   (b) The advisory committee shall select one member to serve as
chairperson.
   (c) The members of the advisory committee shall serve without
compensation, but each member, other than officials of the state,
shall be reimbursed for all reasonable expenses incurred in the
performance of his or her duties, as authorized by the department.
   (d) The advisory committee shall meet at least semiannually to
provide a public forum for discussion and deliberation on matters
pertaining to the implementation of this chapter.
   (e) The advisory committee's responsibilities shall include, but
not be limited to, the following:
   (1) Reviewing and providing consultation and guidance in the
preparation of the work plan required by Section 25244.22.
   (2) Evaluating the performance and progress of the department's
source reduction program.
   (3) Making recommendations to the department concerning program
activities and funding priorities, and legislative changes, if
needed.
   (f) The advisory committee established by this section shall be in
existence until April 15, 2002, by which date the department shall,
in consultation with the advisory committee, evaluate the role and
activities of the advisory committee and determine if the committee
is beneficial to the implementation of this article. On and after
April 15, 2002, the advisory committee shall continue to exist and
operate to the extent that the department, in consultation with the
advisory committee, determines the advisory committee continues to be
beneficial to the operation of the department's source reduction
programs. 
  SEC. 18.    Section 25250.1 of the Health and Safety Code
is amended to read: 
   25250.1.  (a) As used in this article, the following terms have
the following meaning:
   (1) (A) "Used oil" means all of the following:
   (i) Oil that has been refined from crude oil, or any synthetic
oil, that has been used, and, as a result of use or as a consequence
of extended storage, or spillage, has been contaminated with physical
or chemical impurities.
   (ii) Material that is subject to regulation as used oil under Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
   (B) Examples of used oil are spent lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, or
differential of an automobile, bus, truck, vessel, plane, heavy
equipment, or machinery powered by an internal combustion engine;
industrial oils, including compressor, turbine, and bearing oil;
hydraulic oil; metalworking oil; refrigeration oil; and railroad
drainings.
   (C) "Used oil" does not include any of the following:
   (i) Oil that has a flashpoint below 100 degrees Fahrenheit or that
has been mixed with hazardous waste, other than minimal amounts of
vehicle fuel.
   (ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or
Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33
U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that
have eliminated the discharge of wastewater, contaminated with de
minimis quantities of used oil.
   (II) For purposes of this clause, "de minimis quantities of used
oil" are small spills, leaks, or drippings from pumps, machinery,
pipes, and other similar equipment during normal operations, or small
amounts of oil lost to the wastewater treatment system during
washing or draining operations.
   (III) This exception does not apply if the used oil is discarded
as a result of abnormal manufacturing operations resulting in
substantial leaks, spills, or other releases or to used oil recovered
from wastewaters.
   (iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
   (iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
   (v) (I) Oil containing more than 1000 ppm total halogens, which
shall be presumed to be a hazardous waste because it has been mixed
with halogenated hazardous waste listed in Subpart D (commencing with
Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations.
   (II) A person may rebut the presumption specified in subclause (I)
by demonstrating that the used oil does not contain hazardous waste,
including, but not limited to, in the manner specified in subclause
(III).
   (III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total
halogens at a concentration of more than 1000 ppm is solely either
household waste, as defined in Section 261.4(b)(1) of Title 40 of the
Code of Federal Regulations, or is collected from conditionally
exempt small quantity generators, as defined in Section 261.5 of
Title 40 of the Code of Federal Regulations. Nothing in this
subclause authorizes any person to violate the prohibition specified
in Section 25250.7. 
   (2) "Board" means the California Integrated Waste Management
Board.  
   (3) 
    (2)  (A) "Recycled oil" means any oil that meets all of
the following requirements specified in clauses (i) to (iii),
inclusive:
   (i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under Section
279.10(b)(2) of Title 40 of the Code of Federal Regulations, the
mixture is managed as a hazardous waste in accordance with all
applicable hazardous waste regulations, and the recycled oil produced
from the mixture is not subject to regulation as a hazardous waste
under Section 279.10(b)(2) of Title 40 of the Code of Federal
Regulations. If the oily wastes with which the used oil is mixed were
recovered from a unit treating hazardous wastes that are not oily
wastes, these recovered oily wastes are not excluded from being
considered as oily wastes for purposes of this section or Section
25250.7.
   (ii)  The recycled oil meets one of the following requirements:
   (I) The recycled oil is produced by a generator lawfully recycling
its oil.
   (II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized by
the department. The department may not authorize a used oil recycling
facility to use a process in which used oil is mixed with one or
more contaminated petroleum products or oily wastes unless the
department determines that the process to be authorized for mixing
used oil with those products or wastes will not substantially
contribute to the achievement of compliance with the specifications
of subparagraph (B).
   (III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by the
agency authorized to implement the federal act in that state.
   (iii) Has been prepared for reuse and meets all of the following
standards:
   (I) The oil meets the standards of purity set forth in
subparagraph (B).
   (II) If the oil was produced by a generator lawfully recycling its
oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent other
than those listed in subparagraph (B).
   (III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
   (IV) The oil is not subject to regulation as a hazardous waste
under the federal act.
   (V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made the
finding required by subparagraph (B) of paragraph (2) of subdivision
(a) of Section 25250.19, except for one of the characteristics or
constituents identified in the standards of purity set forth in
subparagraph (B).
   (B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation,
establishes more stringent standards:
   (i) Flashpoint: minimum standards set by the American Society for
Testing and Materials for the recycled products. However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
   (ii) Total lead: 50 mg/kg or less.
   (iii) Total arsenic: 5 mg/kg or less.
   (iv) Total chromium: 10 mg/kg or less.
   (v) Total cadmium: 2 mg/kg or less.
   (vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code
of Federal Regulations.
   (vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
   (C) Compliance with the specifications of subparagraph (B) or with
the requirements of clauses (iv) and (v) of subparagraph (B) of
paragraph (1) shall not be met by blending or diluting used oil with
crude or virgin oil, or with a contaminated petroleum product or oily
waste, except as provided in subclause (II) of clause (ii) of
subparagraph (A), and shall be determined in accordance with the
procedures for identification and listing of hazardous waste adopted
in regulations by the department. Persons authorized by the
department to recycle oil shall maintain records of volumes and
characteristics of incoming used oil and outgoing recycled oil and
documentation concerning the recycling technology utilized to
demonstrate to the satisfaction of the department or other
enforcement agencies that the recycling has been achieved in
compliance with this subdivision.
   (D) This paragraph does not apply to oil that is to be disposed of
or used in a manner constituting disposal. 
   (4) 
    (3)  "Used oil recycling facility" means a facility that
reprocesses or re-refines used oil. 
   (5) 
    (4)  "Used oil storage facility" means a storage
facility, as defined in subdivision (b) of Section 25123.3, that
stores used oil. 
   (6) 
    (5)  "Used oil transfer facility" means a transfer
facility, as defined in subdivision (a) of Section 25123.3, that
meets the qualifications to be a storage facility, for purposes of
Section 25123.3. 
   (7) 
    (6)  (A) For purposes of this section and Section
25250.7 only, "contaminated petroleum product" means a product that
meets all of the following conditions:
   (i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.
   (ii) It has not been used for its original intended purpose.
   (iii) It is not listed in Subpart D (commencing with Section
 251.30)   261.30)  of Part 261 of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
   (iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.
   (B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to any
requirements of this chapter.
   (b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:
   (1) The used oil has not been treated by the generator of the used
oil, the generator claims the used oil is exempt from regulation by
the department, and the used oil meets all of the following
conditions:
   (A) The used oil meets the standards set forth in subparagraph (B)
of paragraph (3) of subdivision (a).
   (B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).
   (C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
   (D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.
   (E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.
   (F) The used oil is not disposed of or used in a manner
constituting disposal.
   (2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.
   (c) Used oil recycling facilities and generators lawfully
recycling their own used oil that are the first to claim that
recycled oil meets the requirements specified in paragraph (2) of
subdivision (b) shall maintain an operating log and copies of
certification forms, as specified in Section 25250.19. Any person who
generates used oil, and who claims that the used oil is exempt from
regulation pursuant to paragraph (1) of subdivision (b), shall notify
the department, in writing, of that claim and shall comply with the
testing and recordkeeping requirements of Section 25250.19 prior to
its reuse. In any action to enforce this article, the burden is on
the generator or recycling facility, whichever first claimed that the
used oil or recycled oil meets the standards and criteria, and on
the transporter or the user of the used oil or recycled oil,
whichever has possession, to prove that the oil meets those standards
and criteria.
   (d) Used oil shall be managed in accordance with the requirements
of this chapter and any additional applicable requirements of Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations. 
  SEC. 19.    Section 25250.15 of the Health and Safety Code
is amended to read: 
   25250.15.  (a)  Any person operating a refuse removal vehicle or a
curbside collection vehicle used to collect or transport used oil
which has been generated as a household waste or as part of a
curbside recycling program, as defined by the  board
  department  , is exempt from the requirements of
Sections 25160 and  25250.8   25160.2  ,
and subdivision (a) of Section 25163 of this code and Chapter 2.5
(commencing with Section 2500) of Division 2 of, Division 14.1
(commencing with Section 32000) of, and subdivision (g) of Section
34500 of, the Vehicle Code.
   (b)  Refuse removal and other curbside collection operations
exempted under subdivision (a) are also exempt from permit
requirements pursuant to Article 9 (commencing with Section 25200),
if the storage location meets all applicable hazardous waste
generator, container, and tank requirements, except for the generator
fee requirement
specified in subdivision (d).
   (c)  Used oil collected pursuant to this section shall be deemed
to be generated by the storage location upon receipt.
   (d)  Used oil collected pursuant to this section is exempt from
the generator fee imposed pursuant to Section 25205.5. 
  SEC. 20.    Section 25250.18 of the Health and Safety Code
is amended to read: 
   25250.18.  (a)  Any person who transports recycled oil or oil
exempted pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall maintain with each shipment a certification form,
provided by the department, which contains all of the following
information:
   (1)  The name and address of the used oil recycling facility or
generator claiming the oil meets the requirements of Section 25250.1.

   (2)  The name and address of the facility receiving the shipment.
   (3)  The quantity of oil delivered.
   (4)  The date of shipment or delivery.
   (5)  A cross-reference to the records and documentation required
under Section 25250.1.
   (b)  Certification forms required in subdivision (a) shall be
maintained for three years and are subject to an audit and
verification by the department  or the board  . 

  SEC. 21.    Section 25250.19 of the Health and Safety Code
is amended to read: 
   25250.19.  (a) (1) A used oil recycler shall test all recycled oil
in accordance with paragraph (2), prior to transportation from the
recycling facility, pursuant to applicable methods in the
Environmental Protection Agency Document No. Solid Waste 846 or an
equivalent alternative method approved or required by the department,
and shall ensure and certify the oil as being in compliance with the
standards specified in paragraph (3) of subdivision (a) of Section
25250.1.
   (2) The used oil recycler shall test the recycled oil for
compliance with the purity standards set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1, and for any
other hazardous characteristics or constituents for which testing is
required in the permit issued by the department for the used oil
recycling facility. The permit shall require testing for compliance
with the purity standards set forth in subparagraph (B) of paragraph
(3) of subdivision (a) of Section 25250.1. The permit may also
require testing for other hazardous characteristics and constituents
only if the department finds, based upon evidence in the record, all
of the following:
   (A) There is a reasonable expectation that the recycled oil may
exhibit the hazardous characteristic or contain the hazardous
constituent at a level that would cause it to be hazardous waste if
the recycled oil were a waste, taking into consideration at least all
of the following factors:
   (i) The conditions included in the facility's permit limiting the
wastes that may be accepted at the facility and the conditions
requiring testing of the wastes accepted at the facility.
   (ii) The types of wastes that historically have been accepted by
the facility or similar facilities and the types of wastes that the
facility can reasonably be expected to accept in the future,
including any new products or constituents.
   (iii) Previous test results of recycled oil produced by the
facility indicating the presence, or lack of the presence, of the
constituent or characteristic at a level that would cause it to be
hazardous waste if the recycled oil were a waste.
   (iv) The treatment technologies and methods authorized in the
facility's permit for production of the recycled oil and the extent
to which those treatment technologies and methods remove or reduce
the constituents or characteristics from the wastes accepted by the
facility; and
   (B) The hazardous characteristic or constituent cannot reasonably
be expected to be present in products produced from crude oil similar
to the recycled oil products produced by the facility at levels that
would cause the product produced from crude oil to be a hazardous
waste if it were a waste.
   (3) Records of tests performed pursuant to this subdivision and a
copy of each form completed pursuant to Section 25250.18 shall be
maintained for three years and are subject to audit and verification
by the department  or the board  . The department
shall perform an audit and verification on a periodic basis. The
department may charge a reasonable fee for this activity.
   (b) (1) A generator claiming that used oil is exempted from
regulation pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall ensure that all used oil for which the exemption is
claimed has been tested and certified as being in compliance with the
standards specified in paragraph (1) of subdivision (b) of Section
25250.1, prior to transportation from the generator location. A
generator lawfully recycling its own oil shall ensure that all
recycled oil has been tested and certified as being in compliance
with the requirements specified in paragraph (2) of subdivision (b)
of Section 25250.1. Records of tests performed and a copy of each
form completed pursuant to Section 25250.18 shall be maintained for
three years and are subject to audit and verification by the
department  ,   or  the unified program
agency  , or the board  .
   (2) Testing to meet the requirements in subparagraph (B) of
paragraph (1) of subdivision (b) of Section 25250.1 is not required
for dielectric fluid, derived from highly refined petroleum mineral
oil, from oil-filled electrical equipment if the generator of the
dielectric fluid has certified based on prior test results that the
dielectric fluid from similar equipment subject to similar operating
conditions did not exhibit the characteristic of toxicity as set
forth in Section 66261.24 of Title 22 of the California Code of
Regulations. A certification statement shall accompany each shipment
of used oil that the generator claims is exempted. Records of prior
tests on which the certification is based shall be maintained with
the certification by the generator and are subject to audit and
verification by the department  ,   or  the
unified program agency  , or the board  .
   (c) Used oil recyclers identified in subdivision (a) and
generators identified in subdivision (b) shall record in an operating
log and retain for three years the information specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section
25250.18 on each shipment of recycled or exempted oil.
   (d) Operating logs required in subdivision (c) are subject to
audit and verification by the department  ,   or
 the unified program agency  , or the board  .

   (e) (1) If oil produced at a used oil recycling facility in this
state meets the standards of purity set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 and is not
hazardous due to the presence of a characteristic or constituent for
which the department has made a finding required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a), but the oil is
hazardous due to the presence of another constituent or
characteristic, the facility operator shall not be subject to a
penalty pursuant to this chapter for failing to manage the oil as a
hazardous waste, unless both of the following apply:
   (A) While the oil was onsite at the facility, the operator of the
facility knew, or reasonably should have known, that the oil failed
to meet those criteria.
   (B) The facility operator failed to take action to manage the oil
as a hazardous waste when the oil was determined to be hazardous.
   (2) The department may exercise its authority, including, but not
limited to, the issuance of an order, to a used oil recycling
facility pursuant to Section 25187, to ensure that oil subject to
this subdivision is managed as a hazardous waste pursuant to this
chapter. 
  SEC. 22.    Section 33459.1 of the Health and Safety Code
is amended to read: 
   33459.1.  (a)  (1) An agency may take any actions that the agency
determines are necessary and that are consistent with other state and
federal laws to remedy or remove a release of hazardous substances
on, under, or from property within a project area, whether the agency
owns that property or not, subject to the conditions specified in
subdivision (b). Unless an administering agency has been designated
under Section 25262, the agency shall request cleanup guidelines from
the department or the California regional water quality control
board before taking action to remedy or remove a release. The
department or the California regional water quality control board
shall respond to the agency's request to provide cleanup guidelines
within a reasonable period of time. The agency shall thereafter
submit for approval a cleanup or remedial action plan to the
department or the California regional water quality control board
before taking action to remedy or remove a release. The department or
the California regional water quality control board shall respond to
the agency's request for approval of a cleanup or remedial action
plan within a reasonable period of time.
   (2) The agency shall provide the department and local health and
building departments, the California regional water quality control
board, with notification of any cleanup activity pursuant to this
section at least 30 days before the commencement of the activity. If
an action taken by an agency or a responsible party to remedy or
remove a release of a hazardous substance does not meet, or is not
consistent with, a remedial action plan or cleanup plan approved by
the department or the California regional water quality control
board, the department or the California regional water quality
control board that approved the cleanup or remedial action plan may
require the agency to take, or cause the taking of, additional action
to remedy or remove the release, as provided by applicable law. If
an administering agency for the site has been designated under
Section 25262, any requirement for additional action may be imposed
only as provided in Sections 25263 and 25265. If methane or landfill
gas is present, the agency shall obtain written approval from the
 California Integrated Waste Management Board  
department  prior to taking that action.
   (b) Except as provided in subdivision (c), an agency may take the
actions specified in subdivision (a) only under one of the following
conditions:
   (1) There is no responsible party for the release identified by
the agency.
   (2) A party determined by the agency to be a responsible party for
the release has been notified by the agency or has received adequate
notice from the department, a California regional water quality
control board, the Environmental Protection Agency, or other
governmental agency with relevant authority and has been given 60
days to respond and to propose a remedial action plan and schedule,
and the responsible party has not agreed within an additional 60 days
to implement a plan and schedule to remedy or remove the release
that is acceptable to the agency and that has been found by the
agency to be consistent, to the maximum extent possible, with the
priorities, guidelines, criteria, and regulations contained in the
National Contingency Plan and published pursuant to Section 9605 of
Title 42 of the United States Code for similar releases, situations,
or events.
   (3) The party determined by the agency to be the responsible party
for the hazardous substance release entered into an agreement with
the agency to prepare a remedial action plan for approval by the
department, the California regional water quality control board, or
the appropriate local agency and to implement the remedial action
plan in accordance with an agreed schedule, but failed to prepare the
remedial action plan, failed to implement the remedial action plan
in accordance with the agreed schedule, or otherwise failed to carry
out the remedial action in an appropriate and timely manner. Any
action taken by the agency pursuant to this paragraph shall be
consistent with any agreement between the agency and the responsible
party and with the requirements of the state or local agency that
approved or will approve the remedial action plan and is overseeing
or will oversee the preparation and implementation of the remedial
action plan.
   (c) Subdivision (b) does not apply to either of the following
agencies:
   (1) An agency taking actions to investigate or conduct feasibility
studies concerning a release.
   (2) An agency taking the actions specified in subdivision (a) if
the agency determines that conditions require immediate action.
   (d) An agency may designate a local agency in lieu of the
department or the California regional water quality control board to
review and approve a cleanup or remedial action plan and to oversee
the remediation or removal of hazardous substances from a specific
hazardous substance release site in accordance with the following
conditions:
   (1) The local agency may be so designated if it is designated as
the administering agency under Section 25262. In that event, the
local agency, as the administering agency, shall conduct the
oversight of the remedial action in accordance with Chapter 6.65
(commencing with Section 25260)  of Division 20  and all
provisions of that chapter shall apply to the remedial action.
   (2) The local agency may be so designated if cleanup guidelines
were requested from a California regional water quality control
board, and the site is an underground storage tank site subject to
Chapter 6.7 (commencing with Section 25280) of Division 20, the local
agency has been certified as a certified unified program agency
pursuant to Section 25404.1, the State Water Resources Control Board
has entered into an agreement with the local agency for oversight of
those sites pursuant to Section 25297.1, the local agency determines
that the site is within the guidelines and protocols established in,
and pursuant to, that agreement, and the local agency consents to the
designation.
   (3) A local agency may not consent to the designation by an agency
unless the local agency determines that it has adequate staff
resources and the requisite technical expertise and capabilities
available to adequately supervise the remedial action.
   (4) (A)  Where a local agency has been designated pursuant to
paragraph (2), the department or a California regional water quality
control board may require that a local agency withdraw from the
designation, after providing the agency with adequate notice, if both
of the following conditions are met:
   (i) The department or a California regional water quality control
board determines that an agency's designation of a local agency was
not consistent with paragraph (2), or makes one of the findings
specified in subdivision (d) of Section 101480.
   (ii) The department or a California regional water quality control
board determines that it has adequate staff resources and
capabilities available to adequately supervise the remedial action,
and assumes that responsibility.
   (B) Nothing in this paragraph prevents a California regional water
quality control board from taking any action pursuant to Division 7
(commencing with Section 13000) of the Water Code.
   (5) Where a local agency has been designated pursuant to paragraph
(2), the local agency may, after providing the agency with adequate
notice, withdraw from its designation after making one of the
findings specified in subdivision (d) of Section 101480.
   (e) To facilitate redevelopment planning, the agency may require
the owner or operator of any site within a project area to provide
the agency with all existing environmental information pertaining to
the site, including the results of any Phase I or subsequent
environmental assessment, as defined in Section 25200.14, any
assessment conducted pursuant to an order from, or agreement with,
any federal, state or local agency, and any other environmental
assessment information, except that which is determined to be
privileged. The person requested to furnish the information shall be
required only to furnish that information as may be within their
possession or control, including actual knowledge of information
within the possession or control of any other party. If environmental
assessment information is not available, the agency may require the
owner of the property to conduct an assessment in accordance with
standard real estate practices for conducting phase I or phase II
environmental assessments. 
  SEC. 23.    Section 39762 of the Health and Safety Code is
amended to read: 
   39762.  (a) (1) The Agricultural Biomass Utilization Account is
hereby created in the Department of Food and Agriculture Fund.
   (2) The sum of two million dollars ($2,000,000) is hereby
appropriated from the General Fund to the Agricultural Biomass
Utilization Account for expenditure for the purposes identified in
subdivision (b).
   (b) The account shall be administered by the department, in
consultation with the State Air Resources Board and the 
California Integrated Waste Management Board  
Department of Toxic Substances Control  , for the purpose of
providing grants to persons that utilize agricultural biomass as a
means of avoiding landfill use, preventing air pollution, and
enhancing environmental quality.
   (c) Moneys in the account shall include moneys transferred from
the General Fund pursuant to subdivision (a) and any moneys solicited
by the secretary from other sources.
   (d) The secretary shall actively solicit funds from other federal,
state, and private sources with the goal of initially supplementing
and eventually supplanting the appropriation from the General Fund
made pursuant to subdivision (a).
   (e) The department may implement similar grant programs for other
commodity groups that are used for the purposes set forth in
paragraphs (1) to (6), inclusive, of subdivision (e) of Section
39763.
   (f) The department shall not utilize more than 7 percent of the
funds described in subdivision (a) for the administration of the
account. 
  SEC. 24.    Section 39763 of the Health and Safety Code is
amended to read: 
   39763.  (a) The funds appropriated by paragraph (2) of subdivision
(a) of Section 39762, less administrative costs, shall be dedicated
for grants to persons that utilize rice straw.
   (b) Grants shall be provided pursuant to this chapter in a manner
to be determined by the department, and shall include, but shall not
be limited to, grants on a per-ton basis and a per-project basis.
   (c) On or before July 1 of each year, the secretary shall set the
per-ton grant level in an amount of not less than twenty dollars
($20) per ton of rice straw so utilized.
   (d) Grants shall not be provided pursuant to this section for the
purchase of any rice straw for which a tax credit has been claimed
pursuant to Section 17052.10 of the Revenue and Taxation Code.
   (e) A per-ton grant may be provided pursuant to this chapter only
if the applicant is the "end-user" of agricultural biomass. For
purposes of this subdivision, "end user" means a person who uses
agricultural biomass for any of the following purposes:
   (1) Processing.
   (2) Generating energy.
   (3) Manufacturing.
   (4) Exporting.
   (5) Preventing erosion.
   (6) Any other environmentally sound purpose, excluding open-field
burning, as determined to be appropriate by the department.
   (f) Criteria to be considered by the department in determining
whether to award a grant pursuant to this chapter shall include, but
shall not be limited to, the following:
   (1) Quantity of biomass to be utilized.
   (2) Whether the proposed use offers other environmental or public
policy benefits, including but not limited to, landfill avoidance,
pollution prevention, electrical generation, and sustainability.
   (3) The degree to which the proposed grant would assist in moving
the commodity group toward an eventual free market utilization of
biomass without the assistance of government.
   (g) The secretary shall select grant recipients in consultation
with the State Air Resources Board, the  Integrated Waste
Management Board   Department of Toxic Substances
Control  , and the advisory committee created pursuant to
subdivision ( ) of Section 41865 from a list of potential grantees
recommended by the Department of Food and Agriculture. 
  SEC. 25.    Section 41705 of the Health and Safety Code,
as amended by Section 144 of Chapter 664 of the Statutes of 2002, is
amended to read: 
   41705.  (a) Section 41700 does not apply to odors emanating from
any of the following:
   (1) Agricultural operations necessary for the growing of crops or
the raising of fowl or animals.
   (2) Operations that produce, manufacture, or handle compost, as
defined in Section 40116 of the Public Resources Code, if the odors
emanate directly from the compost facility or operations.
   (3) Operations that compost green material or animal waste
products derived from agricultural operations, and that return
similar amounts of the compost produced to that same agricultural
operations source, or to an agricultural operations source owned or
leased by the owner, parent company, or subsidiary conducting the
composting operation. The composting operation may produce an
incidental amount of compost not exceeding 2,500 cubic yards of
compost, which may be given away or sold annually.
   (b) If a district receives a complaint pertaining to an odor
emanating from a compost operation exempt from Section 41700 pursuant
to paragraph (2) or (3) of subdivision (a), that is subject to the
jurisdiction of an enforcement agency under Division 30 (commencing
with Section 40000) of the Public Resources Code, the district shall,
within 24 hours or by the next working day, refer the complaint to
the enforcement agency.
   (c) This section shall become inoperative on April 1, 2003, unless
the  California Integrated Waste Management Board 
 Department of Toxic Substances Control  adopts and submits
regulations governing the operation of organic composting sites to
the Office of Administrative Law pursuant to subdivision (c) of
Section 43209.1 of the Public Resources Code on or prior to that
date. 
  SEC. 26.    Section 41705 of the Health and Safety Code,
as amended by Section 145 of Chapter 664 of the Statutes of 2002, is
amended to read: 
   41705.  (a)  Section 41700 shall not apply to odors emanating from
agricultural operations necessary for the growing of crops or the
raising of fowl or animals.
   (b)  This section shall become operative on April 1, 2003, unless
the  California Integrated Waste Management Board 
 Department of Toxic Substances Control  adopts and submits
regulations governing the operation of organic composting sites to
the Office of Administrative Law pursuant to subdivision (c) of
Section 43209.1 of the Public Resources Code on or prior to that
date. 
  SEC. 27.    Section 41805.5 of the Health and Safety Code
is amended to read: 
   41805.5.  (a) Except as provided in subdivisions (b) and (c), the
operator of a solid waste disposal site shall submit to the district
on or before July 1, 1987, a solid waste air quality assessment test
report that contains all of the following:
   (1) Test results to determine if there is any underground landfill
gas migration beyond the solid waste disposal site's perimeter.
   (2) Analyses for specified air contaminants in the ambient air
adjacent to the solid waste disposal site to determine the effect of
the site on air quality.
   (3) Chemical characterization test results to determine the
composition of gas streams immediately above the solid waste disposal
site, or immediately above the solid waste disposal site and within
the solid waste disposal site, as appropriate, as determined by the
district.
   (4) Any other information that the district board requires, by
emergency regulation.
   The solid waste air quality assessment test report shall be
prepared in accordance with the guidelines developed by the state
board pursuant to subdivision (d).
   (b) The operator of an inactive solid waste disposal site shall
complete and submit the screening questionnaire, developed pursuant
to subdivision (e), to the district on or before November 1, 1986,
unless the operator is required to submit a report containing the
same information specified in subdivision (a) pursuant to a federal,
state, or district order, or unless exempted pursuant to subdivision
(c). The district shall evaluate the submitted screening
questionnaires in accordance with the guidelines developed pursuant
to subdivision (e) and shall determine whether the operator of the
site is required to submit all, or a portion of, the information
required to be reported in a solid waste air quality assessment test
report. The district shall notify the operator in writing on or
before January 1, 1987, of the information identified in subdivision
(a) to be submitted for the site. After receiving this notification,
the operator of the inactive solid waste disposal site shall submit a
solid waste air quality assessment test report containing the
required information on or before January 1, 1988, to the district.
   (c) A district may exempt from subdivisions (a) and (b) a solid
waste disposal site or inactive solid waste disposal site that has
accepted or now contains only inert and nondecomposable solids. To
receive an exemption, the operator of the site shall submit, on or
before November 1, 1986, a copy of all permits, all waste discharge
requirements pertinent to the site, and any other data necessary for
the district to determine whether an exemption should be granted to
the site.
   (d) On or before February 1, 1987, the state board, in
coordination with the districts, shall develop and publish test
guidelines for the solid waste air quality assessment report
specifying the air contaminants to be tested for and identifying
acceptable testing, analytical, and reporting methods to be employed
in completing the report.
   (e) On or before October 1, 1986, the state board, in coordination
with the districts, shall develop and publish a screening
questionnaire for inactive solid waste disposal sites and guidelines
for evaluating the questionnaire by the districts pursuant to
subdivision (b). The screening questionnaire and guidelines shall
require an inactive solid waste disposal site to be evaluated based
on the nature and age of materials in the site, the quantity of
materials in the site, the size of the site, and other appropriate
factors. The guidelines for evaluating the screening questionnaire
shall require a district to weigh heavily the proximity of the site
to residences, schools, and other sensitive areas, and to pay
                                           particular attention to
potential adverse impacts on facilities such as hospitals and
schools, and on residential areas, within one mile of the site's
perimeter.
   (f) A district may reevaluate the status of a solid waste disposal
site, including sites exempted pursuant to subdivision (c), and
require the operator to submit or revise a solid waste air quality
assessment test report after January 1, 1987. The district shall give
written notification to the operator of the solid waste disposal
site that a solid waste air quality assessment test report is to be
submitted, or that the existing report is to be revised, and the date
by which the report is to be submitted.
   (g) A district shall evaluate any solid waste air quality
assessment test reports submitted pursuant to subdivisions (a), (b),
and (f), and determine if the report's testing, analytical, and
reporting methods comply with the guidelines developed pursuant to
subdivision (d). If the district determines that the solid waste air
quality assessment test report complies with the guidelines, it shall
evaluate the data. If the district determines, after evaluation of
the report and consultation with the state department and the
 California Integrated Waste Management Board  
Department of Toxic Substances Control  , that levels of one or
more specified air contaminants pose a health risk to human beings or
a threat to the environment, the district shall take appropriate
remedial action.
   (h) If a district determines that a solid waste air quality
assessment test report does not comply with the guidelines developed
pursuant to subdivision (d), the district shall provide the operator
of the site with a written notice specifying the inadequacies of the
report and shall require the operator to correct the deficiencies and
resubmit the report by a date determined by the district.
   (i) For the purpose of this section, the following definitions
apply:
   (1) "Inactive solid waste disposal site" means a solid waste
disposal site that has not received any solid waste for disposal
after January 1, 1984.
   (2) "Landfill gas" means any untreated, raw gas derived through a
natural process from the decomposition of organic waste deposited in
a solid waste disposal site or from the evolution of volatile species
in the waste.
   (3) "Operator" means the person who operates or manages, or who
has operated or managed, the solid waste disposal site. If the
operator of the solid waste disposal site no longer exists, or is
unable, as determined by the district, to comply with the
requirements of this section, "operator" means any person who owns or
who has owned the solid waste disposal site.
   (4) "Perimeter" means the outer boundary of the entire solid waste
disposal site property.
   (5) "Solid waste disposal site" means a place, location, tract of
land, area, or premises in use, or which has been used, for the
landfill disposal of solid waste, as defined in Section 40191 of the
Public Resources Code, or hazardous waste, as defined in Section
40141 of the Public Resources Code, or both.
   (6) "Specified air contaminants" means substances determined to be
air contaminants by the state board in coordination with the
districts. The state board and the districts shall consider
determining the following compounds to be air contaminants for
purposes of this paragraph: benzene, chloroethene, 1,2-dibromoethane,
1,2-dichloroethane benzyl chloride, chlorobenzene, dichlorobenzene,
1,1-dichloroethene, dichloromethane, formaldehyde, hydrogen sulfide,
tetrachloroethylene, tetrachloromethane, toluene,
1,1,1-trichloroethan e, trichloroethylene, trichloromethane, xylene,
and any other substance deemed appropriate by the state board or a
district. 
  SEC. 28.    Section 41865.5 of the Health and Safety Code
is amended to read: 
   41865.5.   Notwithstanding Section 7550.5 of the
Government Code, on   On  or before January 1,
2001, the State Air Resources Board, in consultation with the
Department of Food and Agriculture, and in cooperation with the State
Energy Resources Conservation and Development Commission and the
 California Integrated Waste Management Board  
Department of Toxic Substances Control  , shall prepare and
submit to the Legislature recommendations for ensuring consistency
and predictability in the supply of rice straw for cost-effective
uses, including, but not limited to, recommendations for methods of
harvesting, storing, and distributing rice straw for off-field uses.
Off-field uses may include, but are not limited to, the production of
energy and fuels, construction materials, pulp and paper, and
livestock feed. 
  SEC. 29.   Section 10507.5 of the Public Contract Code is
amended to read: 
   10507.5.  It is the intent of the Legislature to encourage the
procurement of recycled paper products by the University of
California by developing guidelines to encourage the procurement of
recycled paper products where suitable for the uses intended and
where the quality is equal and the price is equal or less than
nonrecycled paper products. It is also the intent of the Legislature
that the regents report annually to the Legislature, the Governor,
and the California Integrated Waste Management Board  or its
successor department,  commencing January 1, 1991, on the
percentage of the total dollar amount of recycled paper products
purchased or procured under this article. 
  SEC. 30.    Section 12153 of the Public Contract Code is
amended to read: 
   12153.  The Legislature finds and declares all of the following:
   (a) It is the policy of the state to conserve and protect
resources for future citizens as well as the current population of
the state.
   (b) It is in the best interest of the people of the state that the
state alter its perception of solid waste to instead look upon this
waste as resources that can be recovered and reused.
   (c) It is in the best interest of reducing the increasing burden
on communities disposing of the state's solid waste for the state to
take a role in developing an integrated state solid waste management
policy, which includes source reduction, recycling, composting,
market development, incineration, and landfills. Since recycling is a
necessary component of this policy, the state shall encourage the
use of recycled products to ensure that the state's industries have
sufficient and adequate markets for products regeneratively utilizing
the state's solid waste as recycled resources.
   (d) It is the policy of the state to encourage the expansion of
businesses located in California and, to whatever extent possible, to
look favorably on California businesses in the recycling industry,
which include, but are not limited to, those California businesses
that manufacture, distribute, or act as brokers for, recycled
products.
   (e) Market development is the key to moving beyond the uneven
collection of recyclable materials to stable resource recovery and
reuse. Because of existing local collection programs, significant
quantities of recycled resources such as the following are today
available for purchase: fine grades of paper, high-quality paper
products, plastics, retreaded automobile tires, rerefined lubricating
oil, reused automotive parts, reclaimed solvents, recycled asphalt,
recycled concrete, carpet or geotextiles composed of recycled
plastics, compost and co-compost products, and steel products.
   (f) In making these findings, the Legislature declares that the
policy and intent of this chapter is to set an example for the state
and nation to encourage the purchase of products utilizing recycled
resources.
   (g) It is the intent of the Legislature, whenever economically
feasible and as markets allow, to continually expand the policies of
the state to utilize recycled resources in the daily operations of
the state. This includes, but is not limited to, the procurement and
purchase of recycled materials, the use of recycled resources in the
performance of a service or project for the state, and the purchase
of equipment used for the collection and sale of waste materials
generated by the state.
   (h) It is the intent of the Legislature that the Department of
General Services work with all state departments, agencies, the
Legislature,  the California Integrated Waste Management
Board,  and the Department of Conservation to draft,
establish, and implement policies that ensure the procurement and use
of recycled resources.
   (i) It is also the intent of the Legislature to encourage local
public agencies and private companies to adopt policies to maximize
the use of recycled resources. 
  SEC. 31.    Section 12164.5 of the Public Contract Code is
amended to read: 
   12164.5.  (a) It is the intent of the Legislature that for the
current state waste paper collection program, the  California
Integrated Waste Management Board   Department of
Conservation  shall provide participating locations with public
information awareness and training to state and legislative
employees. Additionally, the  California Integrated Waste
Management Board   Department of Conservation 
shall provide training for personnel, including but not limited to,
state and buildings and grounds personnel, responsible for the
collection of waste materials. This training shall include, but is
not limited to, educating and training the personnel concerning the
separation and collection of recyclable materials.
   (b) It is also the intent of the Legislature that the 
California Integrated Waste Management Board  
Department of Conservation  continue the current state waste
paper collection program and use this program as a model to develop a
plan for other waste materials generated by state and legislative
employees. 
   (c) It is also the intent of the Legislature that the department,
in consultation with the California Integrated Waste Management
Board, shall submit a new recycling plan, which includes but is not
limited to, the collection and sale of waste materials generated by
state and legislative employees. This plan shall be submitted to the
appropriate legislative policy committees on or before August 31,
1990. The plan may be phased in utilizing those office facilities and
collecting those waste materials most conducive to operation of a
source separation program, but shall be fully implemented by June 1,
1991.  
  SEC. 32.    Section 12165 of the Public Contract Code is
amended to read: 
   12165.  (a)  After implementing a recycling plan pursuant
to subdivision (c) of Section 12164.5, the California Integrated
Waste Management Board   The   Department of
Conservation  shall establish, implement, and maintain a
recycling plan for the Legislature, which may include all legislative
offices and individual members' district offices; all state offices
whether in state-owned buildings or leased facilities in Sacramento,
Los Angeles, and San Francisco Counties; and in any other areas that
the  board   Department of Conservation 
determines to be feasible. The plan shall include the provisions for
the recycling of office paper, corrugated cardboard, newsprint,
beverage containers (as defined in Section 14503 of the Public
Resources Code), waste oil, and any other material at the discretion
of the  board   Department of Conservation 
.
   (b)  The collection program for each product and each
location shall be reevaluated by the board on or before January 1,
1994. Subsequently, the board   The  
Department of Conservation  , upon the determination that
inclusion of any particular material type would result in a net
revenue loss to the state, shall have the discretion to exclude that
material from the program, and shall report its conclusions and
recommendations to the Legislature. In determining the net revenue
loss for the collection of a specified waste material, the 
board   Department of Conservation  shall include
the avoided cost to dispose of the waste material. The plan shall
provide either for the collection and sale of materials to private
brokers, recycling plants, or nonprofit organizations, or the
operation of these entities by the state, or a combination thereof.
The plan shall be implemented at the earliest possible date.
   (c) The  board   Department of Conservation
 shall provide participating locations with public awareness
information and training to state and legislative employees,
including, but not limited to, the proper separation and disposal of
recyclable resources. Additionally, the  board  
Department of Conservation  shall provide training for
personnel, including, but not limited to, state buildings and grounds
personnel, responsible for the collection of waste materials. This
training shall include, but is not limited to, educating and training
the personnel concerning the separation and collection of recyclable
materials.
   (d) No individual, group of individuals, state office, agency, or
its employees shall establish a similar collection program or enter
into agreement for a similar program unless approved by the 
board   Department of Conservation  . 
  SEC. 33.    Section 12166 of the Public Contract Code is
amended to read: 
   12166.  The  California Integrated Waste Management Board
  Department of Conservation  may contract as
necessary for the recycling of products which have been returned
pursuant to Section 12165. 
  SEC. 34.    Section 12167 of the Public Contract Code is
amended to read: 
   12167.  Revenues received from this plan or any other activity
involving the collection and sale of recyclable materials in state
and legislative offices located in state-owned and state-leased
buildings, such as the sale of waste materials through recycling
programs operated by the  California Integrated Waste
Management Board   Department of Conservation  or
in agreement with the  board   Department of
Conservation  , shall be deposited in the  Integrated
  Conservation  Waste Management Account in the
 Integrated   Conservation  Waste
Management Fund and  are hereby continuously appropriated to
the board, without regard to fiscal years, until June 30, 1994, for
the purposes of offsetting recycling program costs. On and after July
1, 1994, the funds in the Integrated Waste Management Account
  and  may be expended by the  board
  Department of Conservation  , only upon
appropriation by the Legislature, for the purpose of offsetting
recycling program costs. 
  SEC. 35.    Section 12167.1 of the Public Contract Code is
amended to read: 
   12167.1.  Notwithstanding Section 12167, upon approval by the
 California Integrated Waste Management Board 
Department of Conservation  , revenues derived from the sale of
recyclable materials by state agencies and institutions that do not
exceed two thousand dollars ($2,000) annually are hereby continuously
appropriated, without regard to fiscal years, for expenditure by
those state agencies and institutions for the purposes of offsetting
recycling program costs. Revenues that exceed two thousand dollars
($2,000) annually shall be available for expenditure by those state
agencies and institutions when appropriated by the Legislature.
Information on the quantities of recyclable materials collected for
recycling shall be provided to the  board  
Department of Conservation  on an annual basis according to a
schedule determined by the  board   Department
of Conservation  and participating agencies. 
  SEC. 36.    Section 12200 of the Public Contract Code is
amended to read: 
   12200.  For the purpose of this article, the following definitions
shall apply: 
   (a) "Board" means the California Integrated Waste Management
Board, as defined pursuant to Section 40110 of the Public Resources
Code.  
   (b) 
    (a)  "Business" includes bidders, contractors, and other
interested parties that provide services to, or sell products to,
the state. 
   (c) 
    (b)  "Department" means the Department of General
Services. 
   (d) 
    (c)  "Director" means the Director of General Services.

   (e) 
    (d)  "Postconsumer material" means a finished material
that would have been disposed of as a solid waste, having completed
its life cycle as a consumer item, and does not include manufacturing
wastes. 
   (f) 
    (e)  "Product categories" include paper products,
printing, and writing papers, compost, cocompost, or mulch, glass,
oil, plastic, paint, tires, tire-derived products, antifreeze, and
metal. 
   (g) 
    (f)  "Purchase" means any contractual agreement that
state agencies use to obtain goods or materials. 
   (h) 
    (g)  "Recycled products" mean goods or materials that
meet the requirements identified in Section 12209, including any good
or material that has been reused or refurbished without substantial
alteration of its original form. 
   (i)
    (h)  "Reportable purchase" means the purchase of any
goods or materials, with recycled content or not, that may be
reported or categorized or classified within one of the product
categories identified in Section 12207. 
   (j) 
    (i)  "Reportable recycled product purchase" means the
purchase of any goods or materials that meet the requirements
identified in Section 12209, that may be reported or categorized or
classified within one of the product categories identified in Section
12207, including any good or material that has been reused or
refurbished without substantial alteration of its original form.

   (k) 
    (j)  "SABRC" means the State Agency Buy Recycled
Campaign. 
   (l) 
    (k)  "Secondary material" means fragments of finished
products or finished products of a manufacturing process, that has
converted a resource into a commodity of real economic value, but
does not include excess virgin resources of the manufacturing
process, such as fibers recovered from wastewater, trimmings of paper
machine rolls, mill broke, plastic, or metal trimmings, or shavings,
or other residue from a manufacturing process. Secondary material
does not include postconsumer material, so that the secondary
material plus the postconsumer material plus the virgin material adds
up to 100 percent of the product. 
   (m) 
    (l)  "State agency" means each entity identified in
Section 11000 of the Government Code, and includes the California
State University. 
  SEC. 37.    Section 12207 of the Public Contract Code is
amended to read: 
   12207.  This article applies to the purchase of goods and
materials from the following product categories:
   (a) Paper products, including, but not limited to, paper
janitorial supplies, cartons, wrapping, packaging, file folders, and
hanging files, building insulation and panels, corrugated boxes,
tissue, and toweling.
   (b) Printing and writing papers including, but not limited to,
copy, xerographic, watermark, cotton fiber, offset, forms, computer
printout paper, white wove envelopes, manila envelopes, book paper,
note pads, writing tablets, newsprint, and other uncoated writing
papers, posters, index cards, calendars, brochures, reports,
magazines, and publications.
   (c) Mulch, compost, and cocompost products including soil
amendments, erosion controls, soil toppings, ground covers, weed
suppressants, and organic materials used for water conservation.
   (1) "Compost" means a product that meets the following
requirements:
   (A) It results from the controlled biological decomposition of
organic materials, including, but not limited to, yard trimmings and
wood byproducts that are separated from the municipal solid waste
stream at the source of generation or at a centralized facility, or
other source of organic materials.
   (B) It is produced by a public or private supplier that is in
compliance with the  board's   Department of
Conservation's  composting operations regulatory requirements.
   (2) "Cocompost" means a product that meets the following
requirements:
   (A) It results from the controlled biological decomposition of a
blend of organic materials, including, but not limited to, yard
trimmings and wood byproducts that are separated from the municipal
solid waste stream at the source of generation or at a centralized
facility, and also including, but not limited to, biosolids or other
comparable substitutes such as livestock, horse, or other animal
manure, food residues, or fish processing byproducts.
   (B) It is produced by a public or private supplier that is in
compliance with the  board's  composting operations
regulatory requirements  of the Department of Conservation 
.
   (3) "Mulch" means a product that meets the following requirements:

   (A) It results from the mechanical breakdown (chipping and
grinding) of materials, including, but not limited to, yard trimmings
and wood byproducts that are separated from the municipal solid
waste stream at the source of generation or at a centralized
facility.
   (B) It is produced by a public or private supplier that is in
compliance with the  board's   Department of
Conservation's  composting operations regulatory requirements.
   (d) Glass products including, but not limited to, windows, test
tubes, beakers, laboratory or hospital supplies, fiberglass
(insulation), reflective beads, tiles, construction blocks, desktop
accessories, flat glass sheets, loose-grain abrasives, deburring
media, liquid filter media, and containers.
   (e) Lubricating oils including, but not limited to, any oil
intended for use in a crankcase, transmission, engine, power
steering, gearbox, differential chainsaw, transformer dielectric
fluid, cutting, hydraulic, industrial, or automobile, bus, truck,
vessel, plane, train, heavy equipment, or machinery powered by an
internal combustion engine.
   (f) (1) Plastic products including, but not limited to, printer or
duplication cartridges, diskette, carpet, office products, plastic
lumber, buckets, wastebaskets, containers, benches, tables, fencing,
clothing, mats, packaging, signs, posts, binders, sheet, buckets,
building products, garden hose, and trays.
   (2) For purposes of this subdivision, "printer or duplication
cartridges" has the same meaning as described in paragraph (2) of
subdivision (f) of Section 12209.
   (g) Paint, including, but not limited to, water-based paint,
graffiti abatement, interior and exterior, and maintenance.
   (h) Antifreeze, including recycled antifreeze, and antifreeze
containing a bittering agent or made from polypropylene or other
similar nontoxic substance.
   (i) Tires including, but not limited to, truck and bus tires, and
those used on fleet vehicles and passenger cars.
   (j) Tire-derived products including, but not limited to, flooring,
mats, wheelchair ramps, playground cover, parking bumpers, bullet
traps, hoses, bumpers, truck bedliners, pads, walkways, tree ties,
road surfacing, wheel chocks, rollers, traffic control products,
mudflaps, and posts.
   (k) Metal including, but not limited to, staplers, paper clips,
steel furniture, desks, pedestals, scissors, jacks, rebar, pipe,
plumbing fixtures, chairs, ladders, file cabinets, shelving,
containers, lockers, sheet metal, girders, building and construction
products, bridges, braces, nails, and screws. 
  SEC. 38.    Section 12211 of the Public Contract Code is
amended to read: 
   12211.  (a) Each state agency shall report annually to the
 board   Department of Conservation  their
progress in meeting the recycled product purchasing requirements
using the SABRC report format provided by the  board
  Department of Conservation  .
   (b) On or before October 31 of each year, the department shall
provide to the  board   Department of
Conservation  the following information:
   (1) A list, by category, of individual reportable recycled
products, materials, goods, and supplies that were available for
purchase by state agencies from a statewide-use contract, agreement,
or schedule during the previous fiscal year.
   (2) A list, by category, of all reportable products, materials,
goods, and supplies that were available for purchase by state
agencies from a statewide-use contract, agreement, or schedule,
including contract, agreement, or schedule tracking numbers, during
the previous fiscal year.
   (c) The  board  Department of Conservation
 shall annually provide an agency-specific report to the
Legislature identifying all state agency SABRC reporting figures.
   (d) Every three years, the  board  
Department of Conservation  shall provide, as part of the report
described in subdivision (c), recommendations to the Legislature for
changes necessary to increase the purchase of recycled content
products, materials, goods, and supplies and improve SABRC program
efficiency. 
  SEC. 39.    Section 12215 of the Public Contract Code is
amended to read: 
   12215.  Each state agency may, at the discretion of the individual
agency director or his or her designee, print a statement on
recycled products selected by the agency director. This statement
shall be determined by the department, in consultation with the
 board   Department of Conservation  , and
shall be similar to the following: "Contains at least ____ percent
postconsumer material." 
  SEC. 40.    Section 12217 of the Public Contract Code is
amended to read: 
   12217.  (a) If at any time a requirement has not been met, the
department, in consultation with the  board  
Department of Conservation  , shall review purchasing policies
and shall make recommendations for immediate revisions to ensure that
the recycled product purchasing requirements are met.
   (b) In determining purchasing specifications, with the exception
of any specifications that have been established to preserve the
public health and safety, all state purchasing specifications shall
be established in a manner that results in the maximum state purchase
of recycled products.
   (c) If a recycled product, as defined in subdivision (h) of
Section 12200, costs more than the same product made with virgin
material, the state agency shall, if feasible, purchase fewer of
those more costly products or apply the cost savings, if any, gained
from buying other recycled products towards the purchase of those
more costly products to meet the solid waste diversion goals of
Section 41780  of the Public Resources Code  .
   (d) Each state agency shall establish purchasing practices that
ensure the purchase of goods and materials that may be recycled or
reused. Each state agency shall continue
                activities for the collection, separation, and
recycling of recyclable materials and may appoint a recycling
coordinator to assist in implementing this section.
   (e) To assist the state in meeting the requirements of this
article, each state agency, and the department, in consultation with
the  board   Department of Conservation  ,
may also establish recycled product-only bids, cooperative purchasing
arrangements, or other mechanisms to meet the requirements for
recycled products and to encourage the maximum state purchase of
recycled products.
   (f) The department, in consultation with the  board
  Department of Conservation  , shall review and
revise the purchasing specifications used by state agencies in order
to eliminate restrictive specifications and discrimination against
the purchase of recycled products and to ensure that they are drafted
in a manner that results in the maximum state purchase of recycled
products. All contract provisions impeding the consideration of
recycled products shall be deleted in favor of performance standards.

   (g) Any state agency that is required to submit an SABRC report to
the  board   Department of Conservation  ,
pursuant to Section 12211, is subject to a review conducted by the
 board   Department of   Conservation
 or its designee. 
  SEC. 41.    Section 12301 of the Public Contract Code is
amended to read: 
   12301.  The following definitions govern the interpretation of
this chapter:
   (a) "Department" means the Department of General Services.

   (b) "Board" means the California Integrated Waste Management
Board, as defined pursuant to Section 40110 of the Public Resources
Code.  
   (c) 
    (b)  "Recycled paper product" means all paper and
woodpulp products containing postconsumer and secondary materials.
"Postconsumer material" means a finished material that would normally
be disposed of as a solid waste, having completed its life cycle as
a consumer item. "Secondary material" means fragments of finished
products or finished products of a manufacturing process, which has
converted a virgin resource into a commodity of real economic value,
and includes postconsumer material, but does not include fibrous
waste generated during the manufacturing process such as fibers
recovered from wastewater or trimmings of paper machine rolls (mill
broke), wood slabs, chips, sawdust, or other wood residue from a
manufacturing process. "Recycled paper product" means a paper product
with not less than 50 percent, by fiber weight, consisting of
secondary and postconsumer material with not less than 10 percent of
fiber weight consisting of postconsumer material.
   For high speed copier paper, offset paper, forms bond, computer
printout paper, carbonless paper, file folders, white wove envelopes,
and for other uncoated printing and writing papers, such as writing
and office paper, book paper, cotton fiber paper containing 25 to 75
percent cotton fiber, and cover stock, the minimum content standard
shall be no less than 20 percent of fiber weight of postconsumer
materials beginning December 31, 1994. The minimum content standard
shall be increased to 30 percent of fiber weight of postconsumer
materials beginning on December 31, 1998. 
   (d) 
    (c)  (1) Except as provided in paragraph (2), "recycled
product" means all materials, goods, and supplies, excluding paper
products, no less than 50 percent of the total weight of which
consists of secondary and postconsumer material with not less than 10
percent of its total weight consisting of postconsumer material. A
recycled product shall include any product that could have been
disposed of as solid waste having completed its life cycle as a
consumer item, but otherwise is refurbished for reuse without
substantial alteration of its form. "Postconsumer material" means a
finished material that would have been disposed of as a solid waste,
having completed its life cycle as a consumer item, and does not
include manufacturing wastes. "Secondary material" means fragments of
finished products or finished products of a manufacturing process,
which has converted a resource into a commodity of real economic
value, and includes postconsumer material, but does not include
excess virgin resources of the manufacturing process.
   (2) "Recycled product" also means other flat rolled steel products
no less than 25 percent of the total weight of which consists of
secondary and postconsumer material, with not less than 10 percent of
total weight consisting of postconsumer material. Products made with
flat rolled steel meeting these content percentages include, but are
not limited to, automobiles, cans, appliances, and office furniture
and supplies. 
  SEC. 42.    Section 12310 of the Public Contract Code is
amended to read: 
   12310.  (a) On and after January 1, 1997, at least 50 percent of
the total dollar amount of paper products purchased or procured by
the Legislature shall be purchased as a recycled paper product, as
defined in Section 12301. In addition, at least 25 percent of the
total fine writing and printing paper purchased by the Legislature
shall be recycled paper products, as defined in Section 12301.
   If at any time the requirement for recycled products has not been
met, the Legislature and the department, in consultation with the
 board   Department of Conservation  ,
shall review the procurement policies of the Legislature and shall
make recommendations for immediate revisions to ensure that each
requirement is met. Revisions include, but are not limited to,
raising the purchasing preference and altering the requirements for
each or all recycled products. The department, in consultation with
the  board   Department of Conservation  ,
shall present its conclusions and recommendations on these revisions
of procurement policies to the Legislature in the department's
biennial report  pursuant to Section 12225  .
   (b) When contracting with the Legislature for the sale of recycled
paper products, the contractor shall certify in writing to the
contracting officer or his or her representative, that the recycled
paper products offered contain the minimum percentage of waste
materials required by subdivision (c) of Section 12301. The
contractor shall specify the minimum, if not the exact, percentage of
recycled product in the paper product, including both the secondary
and postconsumer material content. This certification shall be
furnished under penalty of perjury.
   (c) The Legislature may, in consultation with the  board
  Department of Conservation  , print a symbol on
paper products selected by the Legislature. The symbol shall be
similar to the following:
   Printed on recycled paper. This symbol shall be printed only on
paper products meeting the definition of recycled paper products in
Section 12301.
   (d) This section shall not prevent the Legislature from using
existing stocks of paper products. 
  SEC. 43.    Section 12320 of the Public Contract Code is
amended to read: 
   12320.  (a) The Legislature shall require contractors to certify
in writing to the contracting officer, or his or her representative,
whether the materials, goods, or supplies offered contain the minimum
percentage of recycled product required by subdivision (d) of
Section 12301. The contractor shall specify the minimum, if not
exact, percentage of recycled product in the product, both the
secondary and postconsumer material content. This certification shall
be furnished under penalty of perjury.
   (b) The Legislature, in consultation with the department and the
 board   Department of Conservation  ,
shall review and revise the procurement specifications used by the
Legislature in order to eliminate discrimination against the
procurement or purchase of recycled products whenever quality of a
recycled product is reasonably equal to the same product manufactured
with virgin resources. In determining procurement specifications,
with the exception of any specifications that have been established
to preserve the public health and safety, all legislative procurement
and purchasing specifications shall be established in a manner that
results in the maximum legislative procurement and purchase of
recycled products.
   (c) The Legislature, in consultation with the  board
  Department of Conservation  , shall establish
purchasing practices that ensure, to the maximum extent feasible, the
purchase of materials, goods, and supplies that may be recycled or
reused when discarded.
   (d) The Legislature shall give purchase preference to recycled
products when all of the following apply:
   (1) The product meets applicable standards.
   (2) The product can be substituted for a comparable nonrecycled
product.
   (3) The product costs no more than a comparable nonrecycled
product.
   (e) To encourage the use of postconsumer waste, the Legislature's
specifications shall require recycled product contracts to be awarded
to the bidder whose product contains the greater percentage of
postconsumer material if the fitness and quality and price meet the
requirements in subdivision (d) of Section 12301 and Section 12310.
   (f) The Legislature shall set the following goals for purchases
made by the Legislature or any individual or group of individuals
purchasing on behalf of the Legislature:
   (1) By January 1, 1991, at least 10 percent of legislative
purchases are of recycled products.
   (2) By January 1, 1993, at least 20 percent of legislative
purchases are of recycled products.
   (3) By January 1, 1995, at least 40 percent of legislative
purchases are of recycled products.
   (4) The goals specified in this subdivision shall be applied to
the purchase by the Legislature of products described in subdivisions
(b), (c), (d), (e), (f), and (g) of Section 12305 and shall be
applied to the total dollar amount of the combined purchases of those
products.
   Each specified goal shall be met for each product listed pursuant
to Section 12305. If at any time a goal has not been met, the
Legislature and the department, in consultation with the 
board   Department of Conservation  , shall review
procurement policies of the Legislature and shall make
recommendations for immediate revisions to ensure that each goal is
met. Revisions include, but are not limited to, raising the
purchasing preference and altering the goals for all or each recycled
product. The department, in consultation with the  board
 Department of Conservation  , shall present its
conclusions and recommendations on these revisions of procurement
policies to the Legislature in the department's annual report
pursuant to Section 12225. 
  SEC. 44.    Section 40051 of the Public Resources Code is
amended to read: 
   40051.  In implementing this division, the  board
  Department of Conservation, the Department of Toxic
Substances Control,  and local agencies shall do both of the
following:
   (a) Promote the following waste management practices in order of
priority:
   (1) Source reduction.
   (2) Recycling and composting.
   (3) Environmentally safe transformation and environmentally safe
land disposal, at the discretion of the city or county.
   (b) Maximize the use of all feasible source reduction, recycling,
and composting options in order to reduce the amount of solid waste
that must be disposed of by transformation and land disposal. For
wastes that cannot feasibly be reduced at their source, recycled, or
composted, the local agency may use environmentally safe
transformation or environmentally safe land disposal, or both of
those practices. 
  SEC. 45.    Section 40054 of the Public Resources Code is
amended to read: 
   40054.  This division, or any rules or regulations adopted
pursuant thereto, is not a limitation on the power of the Attorney
General, on the request of the  board  
Department of Conservation, the Department of Toxic Substances
Control  , the state water board, a regional water board, or
upon his or her own motion, to bring an action in the name of the
people of the State of California to enjoin any health hazard,
pollution, or nuisance. 
  SEC. 46.    Section 40059.1 of the Public Resources Code
is amended to read: 
   40059.1.  (a) The Legislature hereby finds and declares both of
the following:
   (1) In 1989, the Legislature enacted this division as the
California Integrated Waste Management Act of 1989. One of the key
provisions of this division is that each local agency has the
responsibility for diverting 50 percent of all solid waste generated
within the local agency by January 1, 2000.
   (2) The public policy objective of the Legislature in enacting
this section is to ensure that those local agencies that require an
indemnity obligation retain their responsibility for implementing the
diversion requirements of this division.
   (b) For the purposes of this section, the following terms have the
following meanings:
   (1) "Indemnity obligation" means any indemnity obligation directly
or indirectly related to the failure of a local agency to meet the
solid waste diversion requirements imposed by Chapter 6 (commencing
with Section 41780) of Part 2, that is expressly assumed by, or
imposed upon, the solid waste enterprise, whether pursuant to
ordinance, contract, franchise, license, permit, or other entitlement
or right, for the benefit of the local agency.
   (2) "Local agency" means any county, city, city and county,
district, regional agency as defined in Section 40181, or other local
government agency.
   (c) Any provision, term, condition, or requirement contained in
any ordinance, contract, franchise, license, permit, or other
entitlement or right adopted, entered into, issued, or granted, as
the case may be, by a local agency for solid waste collection and
handling, including the recycling, processing, or composting of solid
waste, or in any request for bids or proposals in connection with
any such contract or franchise, that authorizes or requires the
imposition of an indemnity obligation, shall, notwithstanding any
such provision, term, condition, or requirement, be subject to all of
the following restrictions:
   (1) An indemnity obligation shall not be enforceable if the
 board   Department of Conservation or
Department of Toxic Substances Control  imposed penalty is based
solely upon the failure of the local agency to establish and
maintain a source reduction and recycling element pursuant to Chapter
2 (commencing with Section 41000) of Part 2, Chapter 3 (commencing
with Section 41300) of Part 2, or Section 41750.1, as the case may
be.
   (2) Any  board   Department of Conservation
or Department of Toxic Substances Control  imposed penalty based
upon a local agency's failure to meet the solid waste diversion
requirements imposed by Chapter 6 (commencing with Section 41780) of
Part 2, resulting in whole or in part from the solid waste enterprise'
s breach of contract or noncompliance with any other authorization,
shall be apportioned in accordance with the percentage of fault of
the local agency and the solid waste enterprise.
   (3) For purposes of this section, a solid waste enterprise is not
liable for the indemnity obligation to the extent that the solid
waste enterprise's breach or noncompliance resulted from the action
or failure to act of the local agency.
   (4) No payment required or imposed pursuant to an indemnity
obligation, whether required or imposed by ordinance, contract,
franchise, license, permit, or other entitlement or right, may exceed
that portion of any penalty assessed by the  board 
 Department of Conservation or the Department of Toxic
Substances Control  against the local agency that was caused by
the solid waste enterprise's breach or noncompliance of an express
obligation or requirement.
   (5) No indemnity obligation shall be enforceable against a solid
waste enterprise until the local agency has affirmatively sought, in
good faith, all administrative relief available pursuant to Chapter 6
(commencing with Section 41780) and Chapter 7 (commencing with
Section 41800) of Part 2, unless the local agency demonstrates good
cause, based on substantial evidence in the record, for not pursuing
that administrative relief. The solid waste enterprise shall
cooperate, in good faith, with the local agency seeking that
administrative relief and shall provide in writing to the local
agency all known defenses to the imposition of penalties.
   (d) Nothing in this section shall be construed to preclude either
party from seeking any other remedy under law or equity.
   (e) The provisions of this section are not subject to waiver, and
any attempted waiver shall be null and void as against public policy.

   (f) This section is not intended to do any of the following:
   (1) Add to or expand the authority of local agencies to determine
aspects of solid waste collection and handling pursuant to Section
40059.
   (2) Alter the authority of business entities to collect or process
materials that are not solid waste.
   (3) Affect any contract right existing on the effective date of
this section. 
  SEC. 47.    Section 40062 of the Public Resources Code is
amended to read: 
   40062.  (a) Upon the request of any person furnishing any report,
notice, application, plan, or other document required by this
division, including any research or survey information requested by
the  board   Department of Conservation or the
Department of Toxic Substances Control  for the purpose of
implementing its programs, neither the  board  
Department of Conservation, Department of Toxic Substances Control,
 nor an enforcement agency, in accordance with subdivisions (c)
and (d), shall make available for inspection by the public any
portion of the report, notice, application, plan, or other document
that contains a trade secret, as defined in subdivision (d) of
Section 3426.1 of the Civil Code, that has been identified pursuant
to subdivision (b).
   (b) Any person furnishing information, as described in subdivision
(a), to the  board   Department of
Conservation, the Department of Toxic Substances Control,  or an
enforcement agency pursuant to this division shall, at the time of
submission, identify all information which the person believes is a
trade secret. Any information not identified by the person as a trade
secret shall be made available to the public, unless exempted from
disclosure by another provision of law.
   (c) (1) With regard to information that has been identified as a
trade secret pursuant to subdivision (b), the  board
  Department of Conservation or the Department of Toxic
Substances Control  , upon its own initiative, or upon receipt
of a request for public information pursuant to Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code, shall determine whether any or all of the
information has been properly identified as a trade secret. If the
 board  Department of Conservation or the 
 Department of Toxic Substances Control  determines that the
information is not a trade secret, the  board  
Department of Conservation or the Department of Toxic Substances
Control  shall notify the person who furnished the information
by certified mail.
   (2) The person who furnished the information shall have 30 days
from the date of receipt of the notice required by paragraph (1) to
provide the  board   Department of Conservation
or the Department of Toxic Substances Control  with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed. The justification and statement shall be
submitted to the  board   Department of
Conservation or the Department of Toxic Substances Control  by
certified mail.
   (3) The  board   Department of Conservation
or the D   epartment of Toxic Substances Control  shall
determine whether the information is protected as a trade secret
within 15 days from the date of receipt of the justification and
statement or, if no justification and statement is filed, within 45
days from the date of the notice required by paragraph (1). The
 board   Department of Conservation or the
Department of Toxic Substances Control  shall notify the person
who furnished the information and any party who has requested the
information pursuant to Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code of that determination
by certified mail. If the  board   Department of
Conservation or the Department of Toxic Substances Control  has
determined that the information is not protected as a trade secret,
this final notice shall also specify a date, not sooner than 15 days
from the date of the date of mailing of the final notice, when the
information shall be available to the public.
   (d) Except as provided in subdivision (c), the  board
  Department of Conservation, the Department of Toxic
Substances Control,  or an enforcement agency may release
information submitted and designated as a trade secret only to the
following public agencies under the following conditions:
   (1) To other public agencies in connection with the
responsibilities of the  board   Department of
Conservation, the Department of Toxic Substances Control,  or an
enforcement agency under this division or for use in making reports.

   (2) To the state or any state agency in judicial review for
enforcement proceedings involving the person furnishing the
information.
   (e) For the purpose of implementing this section, the disclosure
of information shall be consistent with Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code. 
  SEC. 48.    Section 40063 of the Public Resources Code is
amended to read: 
   40063.  At the request of a county with a population of less than
250,000, the  board   Department of
Conservation, the Department of Toxic Substances Control,  and
the state water board may meet with the county to prioritize, through
development and joint adoption of a five-year plan, state
environmental concerns with regard to solid waste management in
relation to the fiscal and staffing constraints on the county. 
  SEC. 49.    Section 40106 of the Public Resources Code is
amended to read: 
   40106.  (a) "Biomass conversion" means the controlled combustion,
when separated from other solid waste and used for producing
electricity or heat, of the following materials:
   (1) Agricultural crop residues.
   (2) Bark, lawn, yard, and garden clippings.
   (3) Leaves, silvicultural residue, and tree and brush pruning.
   (4) Wood, wood chips, and wood waste.
   (5) Nonrecyclable pulp or nonrecyclable paper materials.
   (b) "Biomass conversion" does not include the controlled
combustion of recyclable pulp or recyclable paper materials, or
materials that contain sewage sludge, industrial sludge, medical
waste, hazardous waste, or either high-level or low-level radioactive
waste.
   (c) For purposes of this section, "nonrecyclable pulp or
nonrecyclable paper materials" means either of the following, as
determined by the  board   Department of
Conservation  :
   (1) Paper products or fibrous materials that cannot be
technically, feasibly, or legally recycled because of the manner in
which the product or material has been manufactured, treated, coated,
or constructed.
   (2) Paper products or fibrous materials that have become soiled or
contaminated and as a result cannot be technically, feasibly, or
legally recycled. 
  SEC. 50.    Section 40117 of the Public Resources Code is
amended to read: 
   40117.  "Gasification" means a technology that uses a
noncombustion thermal process to convert solid waste to a clean
burning fuel for the purpose of generating electricity, and that, at
minimum, meets all of the following criteria:
   (a) The technology does not use air or oxygen in the conversion
process, except ambient air to maintain temperature control.
   (b) The technology produces no discharges of air contaminants or
emissions, including greenhouse gases, as defined in subdivision (g)
of Section 38505 of the Health and Safety Code.
   (c) The technology produces no discharges to surface or
groundwaters of the state.
   (d) The technology produces no hazardous waste.
   (e) To the maximum extent feasible, the technology removes all
recyclable materials and marketable green waste compostable materials
from the solid waste stream prior to the conversion process and the
owner or operator of the facility certifies that those materials will
be recycled or composted.
   (f) The facility where the technology is used is in compliance
with all applicable laws, regulations, and ordinances.
   (g) The facility certifies to the  board  
Department of Conservation or the Department of Toxic Substances
Control  that any local agency sending solid waste to the
facility is in compliance with this division and has reduced,
recycled, or composted solid waste to the maximum extent feasible,
and the  board   Department of Conservation or
the Department of Toxic Substances Control  makes a finding that
the local agency has diverted at least 30 percent of all solid waste
through source reduction, recycling, and composting. 
  SEC. 51.    Section 40127 of the Public Resources Code is
amended to read: 
   40127.  "Diversion program" means a program in the source
reduction and recycling element of a jurisdiction's integrated waste
management plan, specified in Chapter 2 (commencing with Section
41000) of, or Chapter 3 (commencing with Section 41300) of, Part 2
and that has the purpose of diverting solid waste from landfill
disposal or transformation through source reduction, recycling, and
composting activities. "Diversion program" additionally includes any
amendments, revisions, or updates to the element, and any programs
set forth in a time extension, alternative requirement, or compliance
order approved by the  board   Department of
Conservation  pursuant to Part 2 (commencing with Section
40900). 
  SEC. 52.    Section 40130 of the Public Resources Code is
amended to read: 
   40130.  "Enforcement agency" means the local agency designated
pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of
Part 4 for the purpose of carrying out this division, or the
 board   Department of Toxic Substances Control
 if no designation of a local agency has been approved by the
 board   Department of Toxic Substances Control
 . 
                                                      SEC. 53.  
 Section 40131 of the Public Resources Code is amended to read:

   40131.  "Enforcement program" means the regulations and procedures
adopted by the  board   Department of Toxic
Substances Control  pursuant to Chapter 2 (commencing with
Section 43200) of Part 4. 
  SEC. 54.    Section 40145 of the Public Resources Code is
amended to read: 
   40145.  "Jurisdiction" means a city, county, or regional agency
that is approved by the  board   Department of
Conservation and the Department of Toxic Substances Control 
pursuant to Section 40975. 
  SEC. 55.    Section 40148 of the Public Resources Code is
amended to read: 
   40148.  "Large state facility" means those campuses of the
California State University and the California Community Colleges,
prisons within the Department of Corrections, facilities of the State
Department of Transportation, and facilities of other state
agencies, that the  board   Department of
Conservation  determines, are primary campuses, prisons, or
facilities. 
  SEC. 56.    Section 40150.2 of the Public Resources Code
is amended to read: 
   40150.2.  "Minor violation" means the failure of a person to
comply with a requirement or condition of an applicable law,
regulation, permit, information request, order, variance, or other
requirement, whether procedural or substantive, that an enforcement
agency or the  board   Department of Toxic
Substances Control  is authorized to implement or enforce
pursuant to Part 5 (commencing with Section 45000) and that does not
otherwise include any of the following:
   (a) A violation that results in injury to persons or property or
that presents a significant threat to human health or the
environment.
   (b) A knowing, willful, or intentional violation.
   (c) A violation that is a chronic violation or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the enforcement agency or
 board   the Department of Toxic Substances
Control  , whichever issues the notice to comply, shall consider
whether there is evidence indicating that the violator has engaged
in a pattern of neglect or disregard with respect to applicable
regulatory requirements.
   (d) A violation that results in an emergency response from a
public safety agency.
   (e) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage. 
  SEC. 57.    Section 40183 of the Public Resources Code is
amended to read: 
   40183.  (a) "Rural city" or "rural regional agency" means a city
or regional agency that is located within a rural county as defined
in Section 40184.
   (b) (1) Unless the  board   Department of
Conservation  takes action pursuant to paragraph (2), this
section does not affect any reduction granted to a rural city by the
 board   Department of Conservation or the 
 Department of Toxic Substances Control  pursuant to
Section 41787 prior to January 1, 2008.
   (2) The  board   Department of Conservation
 may review and take action regarding any reduction granted to a
rural city by the  board   Department of
Conservation or the Department of Toxic Substances Control  in
accordance with subdivision (b) of Section 41787. 
  SEC. 58.    Section 40184 of the Public Resources Code is
amended to read: 
   40184.  (a) "Rural county" means a county or multicounty regional
agency that annually disposes of no more that 200,000 tons of solid
waste.
   (b) (1) Unless the  board   Department of
Conservation  takes action pursuant to paragraph (2), this
section does not affect any reduction granted to a rural county by
the  board   Department of Conservation or the
Department of   Toxic Substances Control  pursuant to
Section 41787 prior to January 1, 2008.
   (2) The  board   Department of Conservation
 may review and take action regarding any reduction granted to a
rural county in accordance with subdivision (b) of Section 41787.

  SEC. 59.    Section 40194 of the Public Resources Code is
amended to read: 
   40194.  "Solid waste facility" includes a solid waste transfer or
processing station, a composting facility, a gasification facility, a
transformation facility, and a disposal facility. For purposes of
Part 5 (commencing with Section 45000), "solid waste facility"
additionally includes a solid waste operation that may be carried out
pursuant to an enforcement agency notification, as provided in
regulations adopted by the  board   Department
of Toxic Substances Control  . 
  SEC. 60.    Chapter 3 (commencing with Section 40400) of
Part 1 of Division 30 of the Public Resources Code is repealed. 

  SEC. 61.    Section 40400 is added to the Public Resources
Code, to read:  
   40400.  (a) The California Integrated Waste Management Board is
hereby abolished.
   (b) The Department of Conservation succeeds and is vested with all
authority, duties, powers, purposes, responsibilities, and
jurisdiction of the Integrated Waste Management Board with regard to
recycling and oversight programs that create incentives or provide
funds to achieve resource recovery, unless otherwise specified in
statute.
   (c) The Department of Toxic Substances Control succeeds and is
vested with all authority, duties, powers, purposes,
responsibilities, and jurisdiction of the Integrated Waste Management
Board with regard to waste management functions, including
permitting and oversight of waste materials having no value or having
negative or hazardous properties, unless otherwise specified in
statute.
   (d) The property, records, books, papers, and other property,
real, personal and mixed, new or hereafter held for the benefit or
use of the California Integrated Waste Management Board related to
functions transferred to the Department of Conservation are
transferred to the Department of Conservation. The property, records,
books, papers, and other property, real, personal and mixed, new or
hereafter held for the benefit or use of the California Integrated
Waste Management Board related to functions transferred to the
Department of Toxic Substances Control are transferred to the
Department of Toxic Substances Control. If any doubt arises as to
where an item of property is to be transferred, the Department of
General Services shall determine where that item of property is to be
transferred.
   (e) (1) All employees of the California Integrated Waste
Management Board who, on January 1, 2010, are serving in state civil
service, other than temporary employees, who are engaged in the
performance of functions transferred to the Department of
Conservation, are transferred to the Department of Conservation
pursuant to Section 19050.9 of the Government Code.
   (2) All employees of the California Integrated Waste Management
Board who, on January 1, 2010, are serving in state civil service,
other than temporary employees, who are engaged in the performance of
functions transferred to the Department of Toxic Substances Control,
are transferred to the Department of Toxic Substances Control
pursuant to Section 19050.9 of the Government Code.
   (3) The status, position, and rights of an employee of the board
shall not be affected by the transfer and shall continue to be
retained by the person as an employee of the department to which
these are transferred, as the case may be, pursuant to the State
Civil Service Act (Part 2 (commencing with Section 18500) of Division
5), except as to a position that is exempt from civil service. 

  SEC. 62.    The heading of Article 1.5 (commencing with
Section 40910) of Chapter 1 of Part 2 of Division 30 of the Public
Resources Code is amended to read: 

      Article 1.5.   Board   Department of
Conservation  and Department of Toxic Substances Control
Assistance in Local Planning


  SEC. 63.    Section 40910 of the Public Resources Code is
amended to read: 
   40910.  The  board   Department of Toxic
Substances Control  shall establish, on or before January 1,
1994, an office of local government assistance. The office shall,
 in consultation with the Department of Conservation,  to
the maximum extent feasible, utilizing existing resources, assist
local agencies in the preparation, modification, and implementation
of integrated waste management plans. 
  SEC. 64.    Section 40911 of the Public Resources Code is
amended to read: 
   40911.  In adopting or amending regulations pursuant to this part,
the  board   Department of Toxic Substances
Control  shall take into account all of the following:
   (a) The shared responsibility that exists between the 
board   Department of Conservation, the Department of
Toxic Substances Control,  and local agencies for activities
such as the development of markets for materials diverted from
disposal facilities, public education and information, and source
reduction.
   (b) The importance of promoting regional cooperation among local
agencies and cooperation among local agencies and the  board
  Department of Conservation and the Department of Toxic
Substances Co   ntrol  in achieving the objectives of
this division, to the extent that this cooperation will result in
more cost-effective and efficient implementation of this division.
   (c) The need for local agencies to receive assistance from the
 board   Department   of Conservation
and the Department of Toxic Substances Control  in preparing and
implementing integrated waste management plans and the elements of
those plans. 
  SEC. 65.    Section 40912 of the Public Resources Code is
amended to read: 
   40912.  (a) The  board   Department of Toxic
Substances Control  shall develop a model countywide or regional
siting element and a model countywide or regional agency integrated
waste management plan that will establish prototypes of the content
and format that counties or regional agencies may use in meeting the
requirements of this part.
   (b) On or before July 1, 2001, the  board  
former California Integrated Waste Management Board  shall
develop a model revised source reduction and recycling element that
will establish prototypes of the content and format of that element
that cities, counties, regional agencies, or a city and county may
use in meeting the requirements of this part.
   (c) The  board   Department of Conservation
 shall adopt a program to provide assistance to cities,
counties, regional agencies, or a city and county in the development
and implementation of source reduction programs. The program shall
include, but not be limited to, the following:
   (1) The development of model source reduction programs and
strategies that may be used at the local and regional level.
   (2) Ongoing analysis of public and private sector source reduction
programs that may be provided to cities, counties, regional
agencies, and a city and county in order to assist them in complying
with Article 3 (commencing with Section 41050) of Chapter 2 and
Article 3 (commencing with Section 41350) of Chapter 3.
   (3) Assistance to cities, counties, regional agencies, and a city
and county in the development of source reduction programs for
commercial and industrial generators of solid waste that include the
development of source reduction strategies designed for specific
types of commercial and industrial generators.
   (d) The  board   Department of Conservation
 shall, to the maximum extent feasible, utilizing existing
resources, provide local jurisdictions and private businesses with
information, tools, and mathematical models to assist with meeting or
exceeding the 50-percent diversion requirement pursuant to Section
41780. The  board   Department of Conservation
and the Department of Toxic Substances Control  shall act as a
solid waste information clearinghouse.
   (e) (1) On or before April 1, 2003, and using existing resources,
the  board   California Integrated Waste 
 Management Board  shall provide local jurisdictions and
private businesses with information and models to assist with
consideration of environmental justice concerns when complying with
Section 41701.
   (2) For the purposes of this subdivision, "environmental justice"
has the meaning defined in subdivision (e) of Section 65040.12 of the
Government Code. 
  SEC. 66.    Section 40913 of the Public Resources Code is
amended to read: 
   40913.  (a) On or before January 1, 1994, the  board
  California Integrated Waste Management Board 
shall develop and implement a program to assist local agencies in the
identification of markets for materials that are diverted from
disposal facilities through source reduction, recycling, and
composting.
   (b) The program shall provide information to local agencies on
individual purchasers of diverted materials and on potential and
actual local, regional, and statewide marketing opportunities for
materials that are diverted from disposal facilities. The program
also shall provide local agencies with information on programs
implemented by the  board   Department of
Conservation  and by other agencies of state government to
assist in the development, maintenance, and enhancement of markets
for materials that are diverted from disposal facilities. 
  SEC. 67.    Section 40950 of the Public Resources Code is
amended to read: 
   40950.  (a) On or before March 1, 1990, and every five years
thereafter, each county, which is not a city and county, shall
convene a task force to assist in coordinating the development of
city source reduction and recycling elements prepared pursuant to
Chapter 2 (commencing with Section 41000), the county source
reduction and recycling element prepared pursuant to Chapter 3
(commencing with Section 41300), and to assist in the preparation of
the countywide siting element prepared pursuant to Chapter 4
(commencing with Section 41700).
   (b) The membership of the task force shall be determined by the
county and by a majority of the cities within the county which
contain a majority of the population of the incorporated area of the
county, except in those counties which have only two cities, in which
case the membership of the task force is subject to approval of the
city which contains the majority of the population of the
incorporated area of the county. The task force may include
representatives of the solid waste industry, environmental
organizations, the general public, special districts, and affected
governmental agencies.
   (c) To ensure a coordinated and cost-effective regional recycling
system, the task force shall do all of the following:
   (1) Identify solid waste management issues of countywide or
regional concern.
   (2) Determine the need for solid waste collection and transfer
systems, processing facilities, and marketing strategies that can
serve more than one local jurisdiction within the region.
   (3) Facilitate the development of multijurisdictional arrangements
for the marketing of recyclable materials.
   (4) To the extent possible, facilitate resolution of conflicts and
inconsistencies between or among city and county source reduction
and recycling elements.
   (d) The task force shall develop goals, policies, and procedures
which are consistent with guidelines and regulations adopted by the
 board   Department of Conservation or the
Department of Toxic Substances Control  , to guide the
development of the siting element of the countywide integrated waste
management plan. 
  SEC. 68.    Section 40972 of the Public Resources Code is
amended to read: 
   40972.  This part is binding upon, and enforceable against, the
individual cities and counties which are member agencies of the
regional agency. However, an agreement adopted pursuant to this
article may apportion responsibilities for the implementation of this
part among the cities and counties which are member agencies of the
regional agency. Nothing in this section is intended to prohibit a
city or county which is a member agency of a regional agency from
preparing and submitting to the  board  
Department of Conservation or the Department of Toxic Substances
Control  for review and approval a source reduction and
recycling element or household hazardous waste element  , as
applicable  . 
  SEC. 69.    Section 40973 of the Public Resources Code is
amended to read: 
   40973.  (a) The regional agency, and not the cities or counties
that are member agencies of the regional agency, may be responsible
for compliance with Article 1 (commencing with Section 41780) of
Chapter 6 if specified in the agreement pursuant to which the
regional agency is formed.
   (b) Notwithstanding Section 41782, except as provided in
subdivision (c), if a regional agency has been specified in the
regional agency formation agreement as the responsible party for
compliance with Article 1 (commencing with Section 41780) of Chapter
6  of Part 1  , neither the regional agency nor any
member jurisdiction of the regional agency shall be eligible for a
reduction of the diversion requirements of Section 41780.
   (c) The regional agency may be eligible for a reduction of
diversion and planning requirements if all member jurisdictions of a
regional agency are rural cities or rural counties, as defined,
respectively, in Sections 40183 and 40184.
   (d) The regional agency may be eligible for a reduction of
planning requirements if all member jurisdictions of a regional
agency are cities located in both a rural area and a rural county, as
defined in Section 40184, and an unincorporated portion of a county.

   (e) (1) If, pursuant to subdivision (a), a regional agency is
specified in the regional agency formation agreement as the
responsible party for compliance with Article 1 (commencing with
Section 41780) of Chapter 6, the regional agency shall not be
comprised of more than two counties and all of the cities within
those two counties, except as otherwise authorized by the 
board   Department of Conservation  .
   (2) The  board   Department of Conservation
 may authorize the formation of a regional agency that exceeds
two counties and all of the cities within those two counties, for
purposes of compliance with Article 1 (commencing with Section 41780)
of Chapter 6, if the  board   Department of
Conservation  finds that the formation of the regional agency
will not adversely affect compliance with this part. 
  SEC. 70.    Section 40974 of the Public Resources Code is
amended to read: 
   40974.  (a) Notwithstanding Section 40972, each city or county
that is a member agency of a regional agency is liable for any civil
penalties that may be imposed by the  board  
Department of Conservation  pursuant to Section 41813 or 41850.
However, an agreement that establishes a regional agency may
apportion any civil penalties between or among the cities or counties
that are member agencies of the regional agency. The total amount of
civil penalties that may be imposed against the regional agency is
equivalent to that amount that is the sum of the penalties that may
be imposed against each city or county that is a member agency of the
regional agency.
   (b) (1) An agreement may provide that a city or county is subject
to the portion of a penalty imposed upon a regional agency pursuant
to Section 41850 that is in proportion to the city's or county's
responsibility for failure to implement a source reduction and
recycling element or household hazardous waste element, as determined
by the regional agency.
   (2) If an agreement provides for apportioning a penalty pursuant
to paragraph (1), the regional agency shall provide the city or
county with a written notice regarding the city's or county's
responsibility, including the basis for determining the city's or
county's proportional responsibility, and an opportunity for a
hearing before the regional agency's governing body, before assessing
the city or county a proportion of the penalty imposed by the
 board   Department of Conservation  .
   (3) This subdivision does not affect the authority of the 
board   Department of Conservation or the Department of
Toxic Substances Control  to impose a penalty pursuant to other
provisions of this division. 
  SEC. 71.    Section 40975 of the Public Resources Code is
amended to read: 
   40975.  (a) Any agreement forming a regional agency shall be
submitted to the  board   Department of
Conservation and the Department of Toxic Substances Control  for
review and approval at the time the regional agency integrated waste
management plan is submitted to the  board  
Department of Toxic Substances Control  for review and approval.

   (b) Any agreement forming a regional agency shall, at minimum,
contain all of the following provisions:
   (1) A listing of the cities and counties which are member agencies
of the regional agency, and a description of the regional agency,
including the name and address of the regional agency.
   (2) Consistent with Section 40974, a description of the method by
which any civil penalties imposed by the  board 
 Department of Conservation  pursuant to Sections 41813 and
41850 will be allocated among the cities or counties which are member
agencies of the regional agency.
   (3) A contingency plan which shows how each city or county which
is a member agency of the regional agency will comply with the
requirements of this part, including, but not limited to, Article 1
(commencing with Section 41780) of Chapter 6, in the event that the
regional agency is abolished.
   (4) A description of the duties and responsibilities of each city
or county which is a member agency of the regional agency which
demonstrates that the city or county will comply with Article 1
(commencing with Section 41780) of Chapter 6.
   (5) A description of source reduction, recycling, and composting
programs to be implemented by the regional agency. Those programs
shall be at least as comprehensive and effective in meeting the
requirements of Article 1 (commencing with Section 41780) of Chapter
6 as those which each city or county which is a member agency of the
regional agency has proposed in its source reduction and recycling
element.
   (6) Any other additional element as determined to be needed by the
cities or counties which are member agencies of the regional agency.

  SEC. 72.    Section 41030 of the Public Resources Code is
amended to read: 
   41030.  (a) For the initial source reduction and recycling element
of a countywide integrated waste management plan which is required
to be submitted to the  board pursuant to Section 41791
  Department of Conservation  , the city waste
characterization component shall identify the constituent materials
which comprise the solid waste generated within the city. The
information shall be representative of the solid waste generated
within, and disposed of by, the city and shall reflect seasonal
variations. The constituent materials shall be identified by volume,
percentage in weight or its volumetric equivalent, material type, and
source of generation, which includes residential, commercial,
industrial, governmental, or other sources. Future revisions of waste
characterization studies shall identify the constituent materials
which comprise the solid waste disposed of at permitted disposal
facilities.
   (b) In adopting or revising regulations implementing subdivision
(a), the  board   Department of Conservation
 shall do all of the following:
   (1) Permit the use of studies or data developed on a county or
regional basis and adapted to the conditions which exist in a city
preparing its waste characterization component.
   (2) Permit the use of preexisting data or studies, including those
data and studies prepared by local governments with similar waste
characteristics.
   (3) Require only that amount of seasonal sampling, and waste
characterization only of those categories of waste, necessary to
achieve the diversion requirements of paragraph (1) of subdivision
(a) of Section 41780. 
  SEC. 73.    Section 41031 of the Public Resources Code is
amended to read: 
   41031.  Any waste characterization component prepared by a city
pursuant to Section 41030, and any other information submitted by a
city to the  board   Department of Conservation
 on the quantities of solid waste generated, diverted, and
disposed of, shall include data which is as accurate as possible, on
the quantities of solid waste generated, diverted, and disposed of,
to enable the  board   Department of
Conservation  , to the maximum extent possible, to accurately
measure the diversion requirements established under paragraph (1) of
subdivision (a) of Section 41780. 
  SEC. 74.    Section 41032 of the Public Resources Code is
amended to read: 
   41032.  For the first revision, and any subsequent revision, of a
source reduction and recycling element of a countywide integrated
waste management plan which is required to be submitted to the
 board   Department of Conservation 
pursuant to Section 41770, the city waste characterization component
shall identify the constituent materials which comprise the solid
waste disposed of by the city. The information shall be statistically
representative of the solid waste disposed of by the city and shall
reflect seasonal variations. The constituent materials shall be
identified, to the extent practicable, by volume, percentage in
weight, or its volumetric equivalent, material type, and source of
generation, which includes residential, commercial, industrial,
governmental, or other sources. 
  SEC. 75.    Section 41033 of the Public Resources Code is
amended to read: 
   41033.  Any waste characterization component prepared by a city
pursuant to Section 40132, and any other information submitted by a
city to the  board   Department of Conservation
 on the quantities of solid waste disposed of by the city, shall
include data which is as accurate as possible, on the quantities of
solid waste generated, diverted, and disposed of, to enable
                                 the  board  
Department of Conservation  , to the maximum extent possible, to
accurately measure the diversion requirements of paragraph (2) of
subdivision (a) of Section 41780. 
  SEC. 76.    Section 41220 of the Public Resources Code is
amended to read: 
   41220.  The city education and public information component shall
describe to the  board   Department of
Conservation how the city will increase public awareness of, and
participation in, recycling, source reduction, and composting
programs. 
  SEC. 77.    Section 41300 of the Public Resources Code is
amended to read: 
   41300.  (a) On or before July 1, 1992, each county shall prepare
and adopt for the unincorporated area a county source reduction and
recycling element which includes all of the components specified in
this chapter and which complies with the requirements specified in
Chapter 6 (commencing with Section 41780).
   (b) Notwithstanding subdivision (a), if a county determines that
it is unable to comply with the deadline established under
subdivision (a) and unable to comply with Division 13 (commencing
with Section 21000), to the extent that division requires the
preparation and certification of an environmental impact report for
the element, the county shall do all of the following:
   (1) On or before July 1, 1992, the county shall adopt a resolution
stating the reasons it is unable to comply with the deadline
established under subdivision (a) and to complete and certify the
environmental impact report for the element. The resolution shall
also state a date when the county will comply with the deadline
established under subdivision (a) and complete and certify the
environmental impact report for the element.
   (2) On or before July 1, 1992, the county shall submit a copy of
the resolution adopted pursuant to paragraph (1) to the 
board   Department of Conservation  .
   (3) Upon completion and certification of the environmental impact
report for the source reduction and recycling element, or December 1,
1992, whichever is sooner, the county shall adopt its source
reduction and recycling element. 
  SEC. 78.    Section 41330 of the Public Resources Code is
amended to read: 
   41330.  (a) For the initial source reduction and recycling element
of a countywide integrated waste management plan which is required
to be submitted to the  board pursuant to Section 41791
  Department of Conservation  , the county waste
characterization component shall identify the constituent materials
which comprise the solid waste generated within the unincorporated
area of the county. The information shall be representative of the
solid waste generated and disposed of within that area and shall
reflect seasonal variations. The constituent materials shall be
identified by volume, percentage in weight or its volumetric
equivalent, material type, and source of generation which includes
residential, commercial, industrial, governmental, or other sources.
Future revisions of waste characterization studies shall identify the
constituent materials which comprise the solid waste disposed of at
permitted disposal facilities.
   (b) In adopting or revising regulations implementing subdivision
(a), the  board   Department of Conservation
 shall do all of the following:
   (1) Permit the use of studies or data developed on a regional
basis and adapted to the conditions which exist in a county preparing
its waste characterization component.
   (2) Permit the use of preexisting data or studies, including those
data and studies prepared by local governments with similar waste
characteristics.
   (3) Require only that amount of seasonal sampling, and waste
characterization only of those categories of waste, necessary to
achieve the diversion requirements of paragraph (1) of subdivision
(a) of Section 41780. 
  SEC. 79.    Section 41331 of the Public Resources Code is
amended to read: 
   41331.  Any waste characterization component prepared by a county
pursuant to Section 41330, and any other information submitted by a
county to the  board   Department of
Conservation  on the quantities of solid waste generated,
diverted, and disposed of, shall include data which is as accurate as
possible, on the quantities of solid waste generated, diverted, and
disposed of, to enable the  board   Department
of Conservation  , to the maximum extent possible, to accurately
measure the diversion requirements established under paragraph (1)
of subdivision (a) of Section 41780. 
  SEC. 80.    Section 41332 of the Public Resources Code is
amended to read: 
   41332.  For the first revision, and any subsequent revision, of a
source reduction and recycling element of a countywide integrated
waste management plan which is required to be submitted to the
 board   Department of Conservation 
pursuant to Section 41770, the county waste characterization
component shall identify the constituent materials which comprise the
solid waste disposed of within the unincorporated area of the
county. The information shall be statistically representative of the
solid waste disposed of within that area and shall reflect seasonal
variations. The constituent materials shall, to the extent
practicable, be identified by volume, percentage in weight, or its
volumetric equivalent, material type, and source of generation, which
includes residential, commercial, industrial, governmental, or other
sources. 
  SEC. 81.    Section 41333 of the Public Resources Code is
amended to read: 
   41333.  Any waste characterization component prepared by a county
pursuant to Section 41332, and any other information submitted by a
county to the  board   Department of
Conservation  on the quantities of solid waste disposed of,
shall include data which is as accurate as practicable, on the
quantities of solid waste generated, diverted, and disposed of, to
enable the  board   Department of Conservation
 , to the maximum extent possible, to accurately measure the
diversion requirements of paragraph (2) of subdivision (a) of Section
41780. 
  SEC. 82.    Section 41420 of the Public Resources Code is
amended to read: 
   41420.  The county education and public information component
shall describe to the  board   Department of
Conservation  how the county will educate and inform its
citizens about the source reduction, recycling, and composting
programs. 
  SEC. 83.    Section 41510 of the Public Resources Code is
amended to read: 
   41510.  (a) On or before July 1, 1992, each county shall prepare a
household hazardous waste element which identifies a program for the
safe collection, recycling, treatment, and disposal of hazardous
wastes, as defined in Section 25117 of the Health and Safety Code,
which are generated by households in the unincorporated area of the
county and which should be separated from the solid waste stream. In
preparing a county household hazardous waste element pursuant to this
section, a county may use components of a county hazardous waste
management plan prepared pursuant to Section 25135.1 of the Health
and Safety Code, if that plan meets the requirements of this article
and of Section 41802.
   (b) Notwithstanding subdivision (a), if a county determines that
it is unable to comply with the deadline established under
subdivision (a) and unable to comply with Division 13 (commencing
with Section 21000), to the extent that division requires the
preparation and certification of an environmental impact report for
the element, the county shall do all of the following:
   (1) On or before July 1, 1992, the county shall adopt a resolution
stating the reasons it is unable to comply with the deadline
established under subdivision (a) and to complete and certify the
environmental impact report for the household hazardous waste
element. The resolution shall also state a date when the county will
comply with the deadline established under subdivision (a) and
complete and certify the environmental impact report for the
household hazardous waste element.
   (2) On or before July 1, 1992, the county shall submit its draft
household hazardous waste element and a copy of the resolution
adopted pursuant to paragraph (1) to the  board 
 Department of Toxic Substances Control  .
   (3) Upon completion and certification of the environmental impact
report for the household hazardous waste element, or December 1,
1992, whichever is sooner, the county shall adopt its household
hazardous waste element. 
  SEC. 84.    Section 41720 of the Public Resources Code is
amended to read: 
   41720.  The countywide siting element submitted to the 
board   Department of Toxic Substances Control  ,
shall include a resolution from each affected city or the county
stating that any areas identified for the location of a new or
expanded solid waste transformation or disposal facility pursuant to
Section 41701 is consistent with the applicable general plan. 
  SEC. 85.    Section 41721.5 of the Public Resources Code
is amended to read: 
   41721.5.  (a) Any amendments to the countywide siting element
shall be approved by the county and by a majority of the cities
within the county which contain a majority of the population of the
incorporated area of the county except in those counties which have
only two cities, in which case the amendment is subject to approval
of the city which contains the majority of the population of the
incorporated area of the county.
   (b) Any person or public agency proposing the development of a
solid waste disposal or transformation facility may initiate an
amendment to the countywide siting element by submitting a site
identification and description to the county board of supervisors.
   (c) The county shall submit the site identification and
description to the cities within the county within 20 days after the
site identification and description is submitted to the county board
of supervisors. Each city shall act upon the proposed amendment
within 90 days after receipt of the proposed amendment. If a city
fails to act upon the proposed amendment within 90 days after
receiving the amendment, the city shall be deemed to have approved
the proposed amendment as submitted.
   (d) If the county or a city disapproves the proposed amendment,
the county or city shall mail notice of its decision by first-class
mail to the person or public agency proposing the amendment within 10
days of the disapproval, stating its reasons for the disapproval.
   (e) No county or city shall disapprove a proposed amendment unless
it determines, based on substantial evidence in the record, that the
amendment would cause one or more significant adverse impacts within
its boundaries from the proposed project.
   (f) Within 45 days after the date of disapproval by the county or
a city of a proposed amendment, or a decision by the  board
  Department of Toxic Substances Control  not to
concur in the issuance, modification, or revision of a solid waste
facilities permit pursuant to Section 44009, any person may file with
the superior court a writ of mandate for review of the disapproval
or the decision. The evidence before the court shall consist of the
record before the county or city which disapproved the proposed
amendment or the record before the  board  
Department of Toxic Substances Control  in its determination not
to concur in issuance, modification, or revision of the solid waste
facilities permit. Section 1094.5 of the Code of Civil Procedure
shall govern the proceedings conducted pursuant to this subdivision.

  SEC. 86.    Section 41733 of the Public Resources Code is
amended to read: 
   41733.  Nondisposal facility elements prepared pursuant to this
chapter shall include all solid waste facilities and solid waste
facility expansions, except disposal facilities and transformation
facilities, which will recover for reuse or recycling at least 5
percent of the total volume of material received by the facility.
Transfer stations which recover less than 5 percent of the volume of
materials received for reuse or recycling shall be included in the
element. However, the portions of the element describing these
facilities shall not be subject to  board  
Department of Toxic Substances Control  approval. 
  SEC. 87.    Section 41734 of the Public Resources Code is
amended to read: 
   41734.  (a) (1) Prior to adopting or amending a nondisposal
facility element, the city, county, or regional agency shall submit
the element or amendment to the task force created pursuant to
Section 40950 for review and comment.
   (2) Prior to adopting or amending a regional agency nondisposal
facility element, if the jurisdiction of the regional agency extends
beyond the boundaries of a single county, the regional agency shall
submit the element or amendment for review and comment to each task
force created pursuant to Section 40950 of each county within the
jurisdiction of the regional agency.
   (b) Comments by the task force shall include an assessment of the
regional impacts of potential diversion facilities and shall be
submitted to the city , county, or regional agency and to the
 board   Department of Toxic Substances Control
 within 90 days of the date of receipt of the nondisposal
facility element for review and comment. 
  SEC. 88.   Section 41750 of the Public Resources Code is
amended to read: 
   41750.  Each county and city and county shall prepare and submit
to the  board   Department of Toxic Substances
Control or the Department of Conservation  in accordance with
the schedule set forth in Chapter 6 (commencing with Section 41780),
a countywide integrated waste management plan, which includes all of
the following:
   (a) All city source reduction and recycling elements prepared
pursuant to Chapter 2 (commencing with Section 41000) and submitted
to the county.
   (b) The county's source reduction and recycling element for the
unincorporated area of the county prepared pursuant to Chapter 3
(commencing with Section 41300).
   (c) All city household hazardous waste elements which were
prepared pursuant to Article 1 (commencing with Section 41500) of
Chapter 3.5 and submitted to the county.
   (d) The county household hazardous waste element for the
unincorporated area of the county prepared pursuant to Article 2
(commencing with Section 41510) of Chapter 3.5.
   (e) The countywide siting element prepared pursuant to Chapter 4
(commencing with Section 41700).
   (f) All city nondisposal facility elements prepared pursuant to
Chapter 4.5 (commencing with Section 41730) and submitted to the
county.
   (g) The county nondisposal facility element for the unincorporated
area of the county prepared pursuant to Chapter 4.5 (commencing with
Section 41730). 
  SEC. 89.    Section 41770 of the Public Resources Code is
amended to read: 
   41770.  (a) Each countywide or regional agency integrated waste
management plan, and the elements thereof, shall be reviewed,
revised, if necessary, and submitted to the  board 
 Department of Toxic Substances Control or the Department of
Conservation  every five years in accordance with the schedule
set forth under Chapter 7 (commencing with Section 41800).
   (b) Any revisions to a countywide or regional agency integrated
waste management plan, and the elements thereof, shall use a waste
disposal characterization method that the  board 
 Department of Conservation  shall develop for the use of
the city, county, city and county, or regional agency. The city,
county, city and county, or regional agency shall conduct waste
disposal characterization studies, as prescribed by the 
board   Department of Conservation  , if it fails
to meet the diversion requirements of Section 41780, at the time of
the five-year revision of the source reduction and recycling element.

   (c) The  board   Department of Conservation
 may review and revise its regulations governing the contents of
revised source reduction and recycling elements to reduce
duplications in one or more components of these revised elements.

  SEC. 90.    Section 41780.05 of the Public Resources Code
is amended to read: 
   41780.05.  (a) After January 1, 2009, pursuant to the review
authorized by Section 41825, the  board  
Department of Conservation  shall determine each jurisdiction's
compliance with Section 41780 for the years commencing with January
1, 2007, by comparing each jurisdiction's change in its per capita
disposal rate in subsequent years with the equivalent per capita
disposal rate that would have been necessary for the jurisdiction to
meet the requirements of Section 41780 on January 1, 2007, as
calculated pursuant to subdivisions (c) and (d).
   (b) (1) For purposes of paragraph (5) of subdivision (e) of
Section 41825, in making a determination whether a jurisdiction has
made a good faith effort to implement its source reduction and
recycling element or its household hazardous waste element, the
 board   Department of Toxic Substances Control,
in conjunction with the Department of Conservation,  shall
consider, but is not limited to the consideration of, the
jurisdiction's per capita disposal rate and whether the jurisdiction
adequately implemented its diversion programs.
   (2) When determining whether a jurisdiction has made a good faith
effort pursuant to Section 41825 to implement its source reduction
and recycling element or its household hazardous waste element, the
 board   Department of Toxic Substances Control,
in conjunction with the Department of Conservation,  shall
consider that an increase in the per capita disposal rate is the
result of the amount of the jurisdiction's disposal increasing faster
than the jurisdiction's growth. The  board  
Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  shall use this increase in the per
capita disposal rate that is in excess of the equivalent per capita
disposal rate as a factor in determining whether the  board
  Department of Toxic Substances Control, in conjunction
with the Department of Conservation,  is required, pursuant to
Section 41825, to more closely examine a jurisdiction's program
implementation efforts. This examination may indicate that a
jurisdiction is required to expand existing programs or implement new
programs, in accordance with the procedures specified in Article 4
(commencing with Section 41825) and in Article 5 (commencing with
Section 41850)  of Chapter 7  .
   (3) When reviewing the level of program implementation pursuant to
Sections 41825 and 41850, the  board  
Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  shall use, as a factor in
determining compliance with Section 41780, the amount determined
pursuant to subdivision (d) when comparing a jurisdiction's per
capita disposal rate in subsequent years.
   (c) (1) Except as otherwise provided in this subdivision, for
purposes of this section, "per capita disposal" or "per capita
disposal rate" means the total annual disposal, in pounds, from a
jurisdiction divided by the total population in a jurisdiction, as
reported by the Department of Finance, divided by 365 days.
   (2) (A) If a jurisdiction is predominated by commercial or
industrial activities and by solid waste generation from those
sources, the  board   Department of Toxic
Substances Control, in conjunction with the Department of  
Conservation,  may alternatively calculate per capita disposal
to reflect those differing conditions.
   (B) When making a calculation for a jurisdiction subject to this
paragraph, "per capita disposal" or "per capita disposal rate" means
the total annual disposal, in pounds, from a jurisdiction divided by
total industry employment in a jurisdiction, as reported by the
Employment Development Department, divided by 365 days.
   (C) The  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  shall calculate the per capita disposal rate for
a jurisdiction subject to this paragraph using the level of industry
employment in a jurisdiction instead of the level of population in a
jurisdiction.
   (3) If the  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  determines that the method for calculating the
per capita disposal rate for a jurisdiction provided by paragraph (1)
or (2) does not accurately reflect that jurisdiction's disposal
reduction, the  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  may use an alternative per capita factor, other
than population or industry employment, to calculate the per capita
disposal rate that more accurately reflects the jurisdiction's
efforts to divert solid waste.
   (d) The  board   Department   of
Toxic Substances Control, in conjunction with the Department of
Conservation,  shall calculate the equivalent per capita
disposal rate for each jurisdiction as follows:
   (1) Except as otherwise provided in this subdivision, the
equivalent per capita disposal rate for a jurisdiction shall be
determined using the method specified in this paragraph.
   (A) The calculated generation tonnage for each year from 2003 to
2006, inclusive, shall be multiplied by 0.5 to yield the 50 percent
equivalent disposal total for each year.
   (B) The 50 percent equivalent disposal total for each year shall
be multiplied by 2,000, divided by the population of the jurisdiction
in that year, and then divided by 365 to yield the 50 percent
equivalent per capita disposal for each year.
   (C) The four 50 percent equivalent per capita disposal amounts
from the years 2003 to 2006, inclusive, shall be averaged to yield
the equivalent per capita disposal rate.
   (2) If a jurisdiction is predominated by commercial or industrial
activities and by solid waste generation from those sources, the
 board   Department of Toxic Substances Control,
in conjunction with the Department of Conservation,  may
alternatively calculate the equivalent per capita disposal rate to
reflect those conditions by using the level of industry employment in
a jurisdiction instead of the level of population in that
jurisdiction.
   (3) If the  board   Department of Toxic
Substances Control, in conjunction with the Department of Conserva
  tion,  determines that the method for calculating the
equivalent per capita disposal rate for a jurisdiction pursuant to
this subdivision does not accurately reflect a jurisdiction's per
capita disposal rate that would be equivalent to the amount required
to meet the 50 percent diversion requirements of Section 41780, the
 board  Department of Toxic Substances Control,
in conjunction with the Department of Conservation,  may use an
alternative per capita factor, other than population or industry
employment, to calculate the equivalent per capita disposal rate that
more accurately reflects the jurisdiction's diversion efforts.
   (4)  The  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  shall modify the percentage used in paragraph (1)
to maintain the diversion requirements approved by the 
board   Department of Toxic Substances Control, 
 in conjunction with the Department of Conservation,  for a
rural jurisdiction pursuant to Section 41787 or for a reduction
granted pursuant to Section 41786.
   (5)  The  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  may modify the years included in making a
calculation pursuant to this subdivision for an individual
jurisdiction to eliminate years in which the calculated generation
amount is shown not to be representative or accurate, based upon a
generation study completed in one of the five years 2003 to 2007,
inclusive. In these cases, the  board  
California Integrated Waste Management Board  shall not allow
the use of an additional year other than 2003, 2004, 2005, 2006, or
2007.
   (6)  The  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  may modify the method of calculating the
equivalent per capita disposal rate for an individual jurisdiction to
accommodate the incorporation of a new city, the formation of a new
regional agency, or changes in membership of an existing regional
agency. These modifications shall ensure that a new entity has a new
equivalent per capita disposal rate and that the existing per capita
disposal rate of an existing entity is adjusted to take into account
the disposal amounts lost by the creation of the new entity.
   (7) The  board   California Integrated Waste
Management Board  shall not incorporate generation studies or
new base year calculations for a year commencing after 2006 into the
equivalent per capita disposal rate, unless a generation study that
included the year 2007 was commenced on or before June 30, 2008.
   (8) If the  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  determines that the equivalent per capita
disposal rate cannot accurately be determined for a jurisdiction, or
that the rate is no longer representative of a jurisdiction's waste
stream, the  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  shall evaluate trends in the jurisdiction's per
capita disposal to establish a revised equivalent per capita disposal
rate for that jurisdiction. 
  SEC. 91.    Section 41780.1 of the Public Resources Code
is amended to read: 
   41780.1.  (a) Notwithstanding any other requirement of this part,
for the purposes of determining the amount of solid waste that a
regional agency is required to divert from disposal or transformation
through source reduction, recycling, and composting to meet the
diversion requirements of Section 41780, the regional agency shall
use the solid waste disposal projections in the source reduction and
recycling elements of the regional agency's member agencies. The
method prescribed in Section 41780.2 shall be used to determine the
maximum amount of disposal allowable to meet the diversion
requirements of Section 41780.
   (b) Notwithstanding any other requirement of this part, for the
purposes of determining the amount of solid waste that a city or
county is required to divert from disposal or transformation through
source reduction,
recycling, and composting to meet the diversion requirements of
Section 41780, the city or county shall use the solid waste disposal
projections in the source reduction and recycling elements of the
city or county. The method prescribed in Section 41780.2 shall be
used to determine the maximum amount of disposal allowable to meet
the diversion requirements of Section 41780.
   (c) To determine achievement of the diversion requirements of
Section 41780 in 1995 and in the year 2000, projections of disposal
amounts from the source reduction and recycling elements shall be
adjusted to reflect annual increases or decreases in population and
other factors affecting the waste stream, as determined by the
 board   former California Integrated Waste
Management Board  . By January 1, 1994, the  board
  former California Integrated Waste Management Board
 shall study the factors which affect the generation and
disposal of solid waste and shall develop a standard methodology and
guidelines to be used by cities, counties, and regional agencies in
adjusting disposal projections as required by this section.
   (d) The amount of additional diversion required to be achieved by
a regional agency to meet the diversion requirements of Section 41780
shall be equal to the sum of the diversion requirements of its
member agencies. To determine the maximum amount of disposal
allowable for the regional agency to meet the diversion requirements
of Section 41780, the maximum amount of disposal allowable for each
member agency shall be added together to yield the agency disposable
maximum. 
  SEC. 92.    Section 41781.1 of the Public Resources Code
is amended to read: 
   41781.1.  (a) Prior to determining that the diversion of sludge
may be counted toward the diversion requirements established under
Section 41780, but within 180 days of receiving such a request, the
 board   Department of Toxic Substances Control
 shall do both of the following:
   (1) Make a finding at a public hearing, based upon substantial
evidence, that the sludge has been adequately analyzed and will not
pose a threat to public health or the environment for the reuse which
is proposed.
   (A) Except as provided in subparagraph (B), prior to making the
finding required to be made pursuant to this paragraph, the 
board   Department of Toxic Substances Control 
shall consult with each of the following agencies, and obtain their
concurrence in the finding, to the extent of each agency's
jurisdiction over the sludge or its intended reuse:
   (i) The state water board and the regional water board.
   (ii) The State Department of Health Services.
   (iii) The State Air Resources Board and air pollution control
districts and air quality management districts. 
   (iv) The Department of Toxic Substances Control. 
   (B) If, prior to the  board   Department of
Toxic Substances Control  making the finding required to be made
pursuant to this paragraph, an agency specified in subparagraph (A)
issues a permit, waste discharge requirements, or imposes other
conditions for the reuse of sludge, the agency shall have been deemed
to have concurred in that finding.
   (2) Establish, or ensure that one or more of the agencies
specified in subparagraph (A) of paragraph (1) establishes, ongoing
monitoring requirements which ensure that the proposed sludge reuse
does not pose a threat to health and safety or the environment.
   (b) It is not the intent of this section to require the 
board   Department of Toxic Substances Control  ,
or the agencies listed in subparagraph (A) of paragraph (1) of
subdivision (a), to impose additional requirements or approval
procedures for sludge or sludge reuse applications, apart from the
requirements and approval procedures already imposed by state and
federal law. It is the intent of this section to require that the
 board   Departm   ent of Toxic
Substances Control  determine that each sludge diversion, for
which diversion credit is sought, meets all applicable requirements
of state and federal law, and thereby provides for maximum protection
of the public health and safety and the environment. 
  SEC. 93.    Section 41781.2 of the Public Resources Code
is amended to read: 
   41781.2.  (a) (1) It is the intent of the Legislature in enacting
this section not to require cities, counties, and regional agencies
to revise source reduction and recycling elements prior to their
submittal to the  board   Department of
Conservation for review and approval, except as the elements
would otherwise be required to be revised by the  board
  Department of Conservation  pursuant to this
part. Pursuant to Sections 41801.5 and 41811.5, compliance with this
section shall be determined by the  board  
Department of Conservation  when source reduction and recycling
elements are submitted to the  board  
Department of Conservation  pursuant to Section 41791.5.
However, any city or county may choose to revise its source reduction
and recycling element or any of its components prior to 
board   Department of Conservation  review of the
source reduction and recycling element for the purpose of complying
with this section.
   (2) It is further the intent of the Legislature in enacting this
section to ensure that compliance with the diversion requirements of
Section 41780 shall be accurately determined based upon a correlation
between solid waste which was disposed of at permitted disposal
facilities and diversion claims which are subsequently made for that
solid waste.
   (b) For the purposes of this section, the following terms have the
following meaning:
   (1) "Action by a city, county, regional, or local governing body"
means franchise or contract conditions, rate or fee schedules, zoning
or land use decisions, disposal facility permit conditions, or
activities by a waste hauler, recycler, or disposal facility operator
acting on behalf of a city, county, regional agency, or local
governing body, or other action by the local governing body if the
local government action is specifically related to the claimed
diversion.
   (2) "Scrap metal" includes ferrous metals, nonferrous metals,
aluminum scrap, other metals, and auto bodies, but does not include
aluminum cans, steel cans, or bimetal cans.
   (3) "Inert solids" includes rock, concrete, brick, sand, soil,
fines, asphalt, and unsorted construction and demolition waste.
   (4) "Agricultural wastes" includes solid wastes of plant and
animal origin, which result from the production and processing of
farm or agricultural products, including manures, orchard and
vineyard prunings, and crop residues, which are removed from the site
of generation for solid waste management. Agriculture refers to SIC
Codes 011 to 0291, inclusive.
   (c) For purposes of determining the base amount of solid waste
from which the diversion requirements of this article shall be
calculated, "solid waste" does not include the diversion of
agricultural wastes; inert solids, including inert solids used for
structural fill; discarded, white-coated, major appliances; and scrap
metals; unless all of the following criteria are met:
   (1) The city, county, or regional agency demonstrates that the
material was diverted from a permitted disposal facility through an
action by the city, county, or regional agency which specifically
resulted in the diversion.
   (2) The city, county, or regional agency demonstrates that, prior
to January 1, 1990, the solid waste which is claimed to have been
diverted was disposed of at a permitted disposal facility in the
quantity being claimed as diversion. If historical disposal data is
not available, that demonstration may be based upon information
available to the city, county, or regional agency which substantiates
a reasonable estimate of disposal quantities which is as accurate as
is feasible in the absence of historical disposal data.
   (3) The city, county, or regional agency is implementing, and will
continue to implement, source reduction, recycling, and composting
programs, as described in its source reduction and recycling element.

   (d) If a city, county, or regional agency source reduction and
recycling element submitted pursuant to this chapter includes the
diversion of any of the wastes specified in subdivision (c) for years
preceding the year commencing January 1, 1990, that diversion shall
not apply to the diversion requirements of Section 41780, unless the
criteria in subdivision (c) are met.
   (e) If a city, county, or regional agency source reduction and
recycling element submitted pursuant to this chapter does not contain
information sufficient for the city, county, or regional agency to
demonstrate to the  board   Department of
Conservation  whether the criteria in subdivision (c) have been
met, the city, county, or regional agency may provide additional
information following  board   Department of
Conservation  review of the source reduction and recycling
element pursuant to Section 41791.5. In providing the additional
information, Sections 41801.5 and 41811.5 shall apply.
   (f) In demonstrating whether the requirements of paragraph (1) of
subdivision (c) have been met, the city, county, or regional agency
shall submit information to the  board  
Department of Conservation  on local government programs which
are specifically related to the claimed diversion.
   (g) Notwithstanding any other provision of law, for purposes of
determining the base amount of solid waste from which the diversion
requirements of this article shall be calculated for a city, county,
or regional agency which includes biomass conversion in its source
reduction and recycling element pursuant to Section 41783.1, the base
amount shall include those materials disposed of in the base year at
biomass conversion facilities. 
  SEC. 94.    Section 41781.3 of the Public Resources Code
is amended to read: 
   41781.3.  (a) The use of solid waste for beneficial reuse in the
construction and operation of a solid waste landfill, including use
of alternative daily cover, which reduces or eliminates the amount of
solid waste being disposed pursuant to Section 40124, shall
constitute diversion through recycling and shall not be considered
disposal for the purposes of this division.
   (b) Prior to December 31, 1997, pursuant to the  board's
  former California Integrated Waste Management Board's
 authority to adopt rules and regulations pursuant to 
former  Section 40502, the  board   former
California Integrated Waste Management Board,  shall, by
regulation, establish conditions for the use of alternative daily
cover that are consistent with this division. In adopting the
regulations, the  board   former California
Integrated Waste Management Board  shall consider, but is not
limited to, all of the following criteria:
   (1) Those conditions established in past policies adopted by the
 board   former California Integrated Waste
Management Board  affecting the use of alternative daily cover.
   (2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.
   (3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public health
and safety consistent with state minimum standards.
   (c) Until the adoption of additional regulations, the use of
alternative daily cover shall be governed by the conditions
established by the  board   former California
Integrated Waste Management Board  in its existing regulations
set forth in paragraph (3) of subdivision (b) of, and paragraph (3)
of subdivision (c) of, Section 18813 of Title 14 of the California
Code of Regulations, as those sections read on the effective date of
this section, and by the conditions established in the  board'
s   former California Integrated Waste Management Board'
s  policy adopted on January 25, 1995.
   (d) In adopting rules and regulations pursuant to this section,
Section 40124, and this division, including, but not limited to, Part
2 (commencing with Section 40900), the  board 
Department of Toxic Substances Control  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. 
  SEC. 95.    Section 41782 of the Public Resources Code is
amended to read: 
   41782.  (a) The  board   Department of
Conservation  may make adjustments to the amounts reported
pursuant to subdivisions (a) and (c) of Section 41821.5, if the city,
county, or regional agency demonstrates, and the  board
  Department of Conservation  concurs, based on
substantial evidence in the record, that achievement of the diversion
requirements of Section 41780 is not feasible due to either of the
following circumstances:
   (1) A medical waste treatment facility, as defined in subdivision
(a) of Section  25025  117725  of the
Health and Safety Code, accepts untreated medical waste, which was
generated outside of the jurisdiction, for purposes of treatment, and
the medical waste, when treated, becomes solid waste.
   (2) (A) A regional diversion facility within the jurisdiction
accepts material generated outside the jurisdiction and the
conversion or processing of that material results in the production
of residual solid waste that cannot feasibly be diverted. Any
adjustment provided pursuant to this paragraph shall apply only to
that portion of the residual solid waste produced as a consequence of
processing material that is not subject to the reporting
requirements of subdivisions (a) and (c) of Section 41821.5 and that
cannot feasibly be allocated to the originating jurisdiction.
   (B) For purposes of granting the reduction specified in
subparagraph (A) and for the purpose of calculating compliance with
the diversion requirements of Section 41780, "regional diversion
facility" means a facility which meets all of the following criteria:

   (1) The facility accepts material for recycling from both within
and without the jurisdiction of the city or county within which it is
located.
   (2) All material accepted by the facility has been
source-separated for the purpose of being processed prior to its
arrival at the facility.
   (3) The residual solid waste generated by the facility is a
byproduct of the recycling that takes place at the facility.
   (4) The facility is not a solid waste facility or solid waste
handling operation pursuant to Section 43020.
   (5) The facility contributes to regional efforts to divert solid
waste from disposal.
   (b) If the  board   Department of
Conservation  makes an adjustment pursuant to subdivision (a),
the annual report required pursuant to Section 41821 by the
jurisdiction, within which a medical waste treatment facility or
regional diversion facility described in subdivision (a) is located,
shall include all of the following information:
   (1) The total amount of residual solid waste produced at the
facility.
   (2) The waste types and amounts in the residual solid waste that
cannot feasibly be diverted.
   (3) The factors that continue to prevent the waste types from
being feasibly diverted.
   (4) Any changes since the petition for adjustment was granted or
since the last annual report.
   (5) The additional efforts undertaken by the jurisdiction to
divert the waste produced at the facility.
   (c) Based upon the information submitted pursuant to subdivision
(b), if the  board   Department of Conservation
 finds, as part of the biennial review pursuant to Section
41825, that the residual solid waste that previously could not be
diverted can now be diverted, the  board  
Department of Conservation  shall rescind the adjustment
commensurate with the amount of diversion of the residual tonnages.
   (d) It is not the intent of the Legislature to exempt any solid
waste facility or handling operation from periodic tracking and the
reporting of disposal tonnages in accordance with the regulations
adopted by the  board   Department of Toxic
Substances Control or the Department of Conservation  pursuant
to subdivisions (a) and  (c)   (d)  of
Section 41821.5, or from the permitting requirements pursuant to
Section 43020. 
  SEC. 96.    Section 41783 of the Public Resources Code is
amended to read: 
   41783.  (a) For a jurisdiction's source reduction and recycling
element submitted to the  board   former
California Integrated Waste Management Board  after January 1,
1995, and on or before January 1, 2009, the 50 percent diversion
requirement specified in paragraph (2) of subdivision (a) of Section
41780 may include not more than 10 percent through transformation, as
defined in Section 40201, if all of the following conditions are
met:
   (1) The transformation project is in compliance with Sections
21151.1 and 44150 of this code and Section 42315 of the Health and
Safety Code.
   (2) The transformation project uses front-end methods or programs
to remove all recyclable materials from the waste stream prior to
transformation to the maximum extent feasible.
   (3) The ash or other residue generated from the transformation
project is routinely tested at least once quarterly, or on a more
frequent basis as determined by the agency responsible for regulating
the testing and disposal of the ash or residue, and, notwithstanding
Section 25143.5 of the Health and Safety Code, if hazardous wastes
are present, the ash or residue is sent to a class 1 hazardous waste
disposal facility.
   (4) The  board   former California Integrated
Waste Management Board  holds a public hearing in the city,
county, or regional agency jurisdiction within which the
transformation project is proposed, and, after the public hearing,
the  board   former California Integrated Waste
Management Board  makes both of the following findings, based
upon substantial evidence on the record:
   (A) The city, county, or regional agency is, and will continue to
be, effectively implementing all feasible source reduction,
recycling, and composting measures.
   (B) The transformation project will not adversely affect public
health and safety or the environment.
   (5) The transformation facility is permitted and operational on or
before January 1, 1995.
   (6) The city, county, or regional agency does not include biomass
conversion, as authorized pursuant to Section 41783, in its source
reduction and recycling element.
   (b) On and after January 1, 2009, for purposes of the review
authorized by Section 41825, with regard to a jurisdiction's
compliance with Section 41780 for each year commencing January 1,
2007, the  board   California Integrated Waste
Management Board or its successor  may reduce the per capita
disposal rate for a jurisdiction, as calculated pursuant to
subdivision (d) of Section 41780.05, by no more than 10 percent of
the average of the calculated per capita generation tonnage amount,
if the jurisdiction otherwise meets the substantive requirements
specified in paragraphs (1) to (6), inclusive, of subdivision (a),
for solid waste to be included as diversion for purposes of that
subdivision. 
  SEC. 97.    Section 41783.1 of the Public Resources Code
is amended to read: 
   41783.1.  (a) For any city, county, or regional agency source
reduction and recycling element submitted to the  board
  former California Integrated Waste Management Board or
the Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  after January 1, 1995, the 50
percent diversion requirement specified in paragraph (2) of
subdivision (a) of Section 41780 may include not more than 10 percent
through biomass conversion if all of the following conditions are
met:
   (1) The biomass conversion project exclusively processes biomass.
   (2) The biomass conversion project is in compliance with all
applicable air quality laws, rules, and regulations.
   (3) The ash or other residue from the biomass conversion project
is regularly tested to determine if it is hazardous waste and, if it
is determined to be hazardous waste, the ash or other residue is sent
to a class 1 hazardous waste disposal facility.
   (4) The  board   former California Integrated
Waste Management Board, or the Department of Toxic Substances
Control, in conjunction with the Department of Conservation, 
determines, at a public hearing, based upon substantial evidence in
the record, that the city, county, or regional agency is, and will
continue to be, effectively implementing all feasible source
reduction, recycling, and composting measures.
   (5) The city, county, or regional agency does not include
transformation, as authorized pursuant to Section 41783, in its
source reduction and recycling element. 
  SEC. 98.    Section 41784 of the Public Resources Code is
amended to read: 
   41784.  If the  board   former California
Integrated Waste Management Board, or the Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  determines that a city or county source reduction
and recycling element submitted after January 1, 1995, will not
achieve the 50 percent requirement established under Section 41780,
and the city or county chooses not to use a transformation project to
achieve the 50 percent requirement, the  board 
 Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  shall not require the city or
county to achieve the 50 percent diversion requirement through
transformation, or impose any penalty on the city or county to compel
the city or county to achieve the 50 percent requirement through
transformation. 
  SEC. 99.    Section 41786 of the Public Resources Code is
amended to read: 
   41786.  (a) Notwithstanding Section 41780, the  board
  Department of Conservation  may reduce the
diversion requirements specified in Section 41780 for any city or
county which, on or before January 1, 1990, disposed of 75 percent or
more of its solid waste, collected by the jurisdiction or its
authorized agents or contractors, by transformation if either of the
following conditions exist:
   (1) The attainment of the 25 percent or 50 percent diversion
requirement specified in Section 41780 will result in substantial
impairment of the obligations of one or more contracts in existence
on January 1, 1990, for the city or county to furnish solid waste for
fuel. A substantial impairment of obligations includes, but is not
limited to, instances where a city has entered into a contract or
franchise for 20 or more years with a joint powers authority for the
operation of a transformation facility, and meeting the diversion
requirements of Section 41780 may increase the city's costs by 15
percent or more.
   (2) The attainment of the 25 percent or 50 percent diversion
requirement specified in Section 41780 will substantially interfere
with the repayment of debt incurred to finance or refinance the
transformation project, if the refinancing is done for the purpose of
reducing debt service and not for the expansion of the
transformation project.
   (b) If the  board   Department of
Conservation  reduces the diversion requirements for a city or
county pursuant to subdivision (a), the  board  
Department of Conservation  shall establish new diversion
requirements which require the maximum feasible amount of source
reduction, recycling, and composting but which will not result in the
conditions described in paragraphs (1) and (2) of subdivision (a).

  SEC. 100.    Section 41787 of the Public Resources Code is
amended to read: 
   41787.  (a) (1) The  board   Department of
Conservation  may reduce the diversion requirements of Section
41780 for a rural city if the rural city demonstrates, and the
 board   Department of Conservation 
concurs, based on substantial evidence in the record, that
achievement of the diversion requirements is not feasible due to both
of the following conditions:
   (A) The small geographic size or low population density of the
rural city.
   (B) The small quantity of solid waste generated within the rural
city.
   (2) The  board   Department of Conservation
 may reduce the diversion requirements of Section 41780 for the
unincorporated area of a rural county if the rural county
demonstrates, and the  board   Department of
Conservation  concurs, based on substantial evidence in the
record, that achievement of the diversion requirements is not
feasible due to both of the following conditions:
   (A) The large geographic size or low population density of the
rural county.
   (B) The small quantity of solid waste generated within the rural
county.
   (3) The  board   Department of Conservation
 may grant a reduction in diversion requirements pursuant to
this subdivision only if the rural city or the rural county
demonstrates to the  board   Department of
Conservation  , and the  board   Department
of Conservation  concurs, based on substantial evidence in the
record, that it has, at a minimum, implemented all of the following
programs:
   (A) A source reduction and recycling program designed to handle
the predominant classes and types of solid waste generated within the
rural city or rural county.
   (B) A public sector diversion and procurement program.
   (C) A public information and education program.
   (b) If, as part of the review performed pursuant to Section 41825,
the  board   Department of Conservation 
finds that a rural city or a rural county  , which 
 that  previously qualified for a reduction in diversion
requirements pursuant to subdivision (a)  ,  is no
longer eligible for that reduction, the  board  
Department of Conservation  shall issue an order requiring the
rural city or rural county to comply with the diversion requirements
of Section 41780. 
  SEC. 101.    Section 41787.1 of the Public Resources Code
is amended to read: 
   41787.1.  (a) Rural cities and rural counties may join to form
rural regional agencies pursuant to Article 3 (commencing with
Section 40970) of Chapter 1.
   (b) A rural regional agency, and not the rural cities or rural
counties which are member jurisdictions of the rural regional agency,
may be responsible for compliance with Article 1 (commencing with
Section 41780) of Chapter 6 if specified in the agreement pursuant to
which the rural regional agency is formed.
                                                (c) (1) The 
board   Department of Conservation  may reduce the
diversion requirements of Section 41780 for a rural regional agency,
if the rural regional agency demonstrates, and the  board
  Department of Conservation  concurs, based on
substantial evidence in the record, that achievement of the diversion
requirements is not feasible because adverse market or economic
conditions beyond the control of the rural regional agency prevent it
from meeting the requirements of Section 41780.
   (2) Before a rural regional agency may be granted a reduction in
diversion requirements pursuant to paragraph (1), it shall
demonstrate that, at a minimum, it has established all of the
following regionwide programs:
   (A) A source reduction and recycling program or programs designed
to handle the predominant classes and types of solid waste generated
within the rural regional agency.
   (B) A regional diversion and procurement program or programs.
   (C) A regional public information and education program or
programs.
   (d) (1) Notwithstanding Section 40974, any civil penalty imposed
on a rural regional agency by the  board  
Department of Conservation  pursuant to Section 41813 or 41850
shall be imposed only on a member rural city or county that is in
violation of this division as a city or county irrespective of its
membership in the rural regional agency. If a rural regional agency
elects to apportion penalties pursuant to this subdivision, the
member jurisdiction to that rural regional agency shall, as a
condition of the agreement establishing the rural regional agency, be
required to account on an individual jurisdictional basis for their
compliance with the diversion requirements of Section 41780, as
prescribed by Section 41780.2.
   (2) In determining whether to impose a penalty on a member of a
rural regional agency pursuant to this subdivision, the 
board   Department of Conservation  may consider
all of the following:
   (A) The relevant circumstances that resulted in the agency's
failure to achieve the diversion requirements of paragraphs (1) and
(2) of subdivision (a) of Section 41780, and whether the member
contributed to the circumstances that resulted in the failure to
achieve the diversion requirements.
   (B) Whether the agency's joint powers agreement specifies that all
liability for fines and penalties rests with the member, with no
liability assigned to the agency.
   (C) Whether the imposition of penalties on members and not on the
agency would provide for flexibility that would allow the agency to
resolve the problem that is preventing the members from meeting the
diversion requirements.
   (D) Limiting penalties to a maximum of ten thousand dollars
($10,000) per day if a member's failure does not cause other members
or the agency to fail to implement programs in the agency's source
reduction and recycling element. 
  SEC. 102.    Section 41787.2 of the Public Resources Code
is amended to read: 
   41787.2.  (a) A rural city or a rural county, which has received,
or is eligible for, a reduction in diversion requirements pursuant to
Section 41787, may become a member of a rural regional agency for
the purpose of complying with the diversion requirements of Section
41780, in which case the region's maximum disposal tonnage allowable
shall be calculated as follows:
   (1) Determining the regional maximum disposal tonnage allowable,
excluding members with reduced diversion requirements.
   (2) Determining the maximum disposal tonnage allowable for those
members authorized to meet reduced diversion requirements.
   (3) Adding the calculated maximum disposal tonnages determined
pursuant to paragraphs (1) and (2) to determine the regional maximum
disposal tonnage allowable.
   (b) (1) A rural regional agency may not assume responsibility for
compliance with diversion requirements upon formation pursuant to
subdivision (b) of Section 41787.1, and for compliance with Article 1
(commencing with Section 41780), if the rural regional agency is
comprised of more than two rural counties, unless authorized by the
 board   Department of Conservation 
pursuant to paragraph (2).
   (2) The  board   Department of Conservation
 may authorize the assumption of responsibility for compliance
with diversion requirements by a rural regional agency upon
formation, which is comprised of more than two rural counties, if the
 board   Department of Conservation  finds
that the rural regional agency's assumption of responsibility will
not adversely affect compliance with this part. 
  SEC. 103.    Section 41787.3 of the Public Resources Code
is amended to read: 
   41787.3.  The board   Department of
Conservation  , in consultation with rural cities and rural
counties, shall develop model programs and materials to assist rural
cities and rural counties in complying with the requirements of
Chapter 2 (commencing with Section 41000) and Chapter 3 (commencing
with Section 41300). Those model programs and materials shall be
designed to assist rural cities and rural counties in achieving the
purposes of this division in a manner which minimizes, to the maximum
extent feasible, the costs imposed on rural cities and rural
counties to comply with this division. 
  SEC. 104.    Section 41787.4 of the Public Resources Code
is amended to read: 
   41787.4.  Notwithstanding Section 41820, the  board
  Department of Conservation  may grant a two-year
time extension from the diversion requirements of Section 41780 to a
rural city, rural county, or rural regional agency if all of the
following conditions are met:
   (a) The  board   Department of Conservation
 adopts written findings, based on substantial evidence in the
record, that adverse market or economic conditions beyond the control
of the rural city, rural county, or rural regional agency prevent
the rural city, rural county, or rural regional agency from meeting
the diversion requirements.
   (b) The rural city, rural county, or rural regional agency submits
a plan of correction that demonstrates how it will meet the
diversion requirements before the time extension expires, which
includes the source reduction, recycling, and composting programs it
will implement and states how those programs will be funded.
   (c) The rural city, rural county, or rural regional agency
demonstrates that it is achieving the maximum feasible amount of
source reduction, recycling, or composting of solid waste within its
jurisdiction. 
  SEC. 105.    Section 41790 of the Public Resources Code is
amended to read: 
   41790.  In order to coordinate solid waste management activities
throughout the state and to ensure that Article 2 (commencing with
Section 40050) of Chapter 1 of Part 1 is implemented, the 
board   Department of Toxic Substances Control, in
conjunction with the Department of Conservation,  shall review
each county and city source reduction and recycling element and each
countywide integrated waste management plan adopted pursuant to this
part to determine if it complies with Article 2 (commencing with
Section 40050) of Chapter 1 of Part 1. 
  SEC. 106.    Section 41791 of the Public Resources Code is
amended to read: 
   41791.  (a) If any city or county has less than eight years of
remaining disposal site capacity, the countywide integrated waste
management plan shall be submitted to the  board 
 Department of Toxic Substances Control  within 12 months
after the Office of Administrative Law formally approves regulations
for the preparation of countywide siting elements and countywide
integrated waste management plans pursuant to Section 11349.3 of the
Government Code.
   (b) If any city or county has eight or more years of remaining
disposal site capacity, the countywide integrated waste management
plan shall be submitted to the  board  
Department of Toxic Substances Control  within 18 months after
the Office of Administrative Law formally approves regulations for
the preparation of countywide siting elements and countywide
integrated waste management plans pursuant to Section 11349.3 of the
Government Code.
   (c) A regional agency integrated waste management plan shall be
submitted to the  board   Department of Toxic
Substances Control  within 18 months after the Office of
Administrative Law formally approves regulations for the preparation
of countywide siting elements and countywide integrated waste
management plans pursuant to Section 11349.3 of the Government Code.

  SEC. 107.   Section 41791.1 of the Public Resources Code
is amended to read: 
   41791.1.  In reviewing, commenting upon, and approving or
disapproving integrated waste management plans and the elements
 thereof   of the plan  , the 
board   Department of Toxic Substances Control 
shall take into account both of the following:
   (a) The shared responsibility which exists under law between the
 board   Department of Conservation  and
local agencies for activities such as the development of markets for
materials diverted from disposal facilities, public education and
information, and source reduction.
   (b) The importance of promoting regional cooperation among local
agencies, and cooperation between local agencies and the 
board   Department of Conservation  in achieving
the objectives of this division, to the extent that cooperation will
result in more cost-effective and efficient implementation of this
division. 
  SEC. 108.    Section 41791.2 of the Public Resources Code
is amended to read: 
   41791.2.  In reviewing, commenting upon, and approving or
disapproving integrated waste management plans and the elements
 thereof   of the plan  , the 
board   Department of Conservation  shall assist
local agencies, to the extent that local agencies request this
assistance within the same region, in developing regional cooperative
approaches to source reduction, public information and education,
and market development, if the approaches result in more efficient
and cost-effective implementation of this division. 
  SEC. 109.    Section 41791.5 of the Public Resources Code
is amended to read: 
   41791.5.  (a) (1) Notwithstanding Section 41791, and except as
provided in subdivision (b), each city, county, and regional agency
shall submit its source reduction and recycling element and its
nondisposal facility element to the  board  
Department of Toxic Substances Control and the Department of
Conservation  in accordance with the following schedule:
   (A) For any jurisdiction with less than eight years of remaining
disposal site capacity, the source reduction and recycling element
and the nondisposal facility element shall be submitted on or before
April 30, 1994.
   (B) For any jurisdiction with eight or more years, but less than
15 years, of remaining disposal site capacity, the source reduction
and recycling element and the nondisposal facility element shall be
submitted on or before August 31, 1994.
   (C) For any jurisdiction with 15 or more years of remaining
disposal site capacity, the source reduction and recycling element
and the nondisposal facility element shall be submitted on or before
December 31, 1994.
   (2) For purposes of this section, "remaining disposal site
capacity" means capacity remaining as of January 1, 1990. For each
jurisdiction, disposal site capacity shall be deemed to be the
countywide permitted disposal site capacity.
   (3) Notwithstanding Section 41791, a county or regional agency
that has adopted a countywide or regional agency integrated waste
management plan may submit the plan and its elements to the 
board   Department of Toxic Substances Control and the
Department of Conservation  for review and approval pursuant to
the schedule set forth in paragraph (1).
   (b) A city which is incorporated after January 1, 1990, shall
submit a source reduction and recycling element, a household
hazardous waste element, and a nondisposal facility element to the
 board   Department of Toxic Substances Control
and the Department of Conservation  for approval within 18
months from the date that the city was incorporated or within 18
months of the effective date of this section, whichever is later.

  SEC. 110.    Section 41794 of the Public Resources Code is
amended to read: 
   41794.  Any city may submit its city source reduction and
recycling element or nondisposal facility element to the 
board   Department of Toxic Substances Control and the
Department of Conservation  for review before the dates in the
schedule in Section 41791.5. 
  SEC. 111.    The heading of Article 1 (commencing with
Section 41800) of Chapter 7 of Part 2 of Division 30 of the Public
Resources Code is amended to read: 

      Article 1.   Board  Approval


  SEC. 112.   Section 41800 of the Public Resources Code is
amended to read: 
   41800.  (a) Except as provided in subdivision (b), within 120 days
from the date of receipt of a countywide or regional integrated
waste management plan which the board  
Department of Toxic Substances Control or the Department of
Conservation  has determined to be complete, or any element of
the plan which the  board   Department of Toxic
Substances Control or the Department of Conservation  has
determined to be complete, the  board  
Department of Toxic Substances Control or the Department of
Conservation  shall determine whether the plan or element is in
compliance with Article 2 (commencing with Section 40050) of Chapter
1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter 5
(commencing with Section 41750), and, based upon that determination,
the  board   Department of Toxic Substances
Control or the Department of Conservation  shall approve,
conditionally approve, or disapprove the plan or element.
   (b) (1) Within 120 days from the date of receipt of a city,
county, or regional agency nondisposal facility element, which the
 board   Department of Toxic Substances Control
or the Department of Conservation  has determined to be
complete, and within 60 days from the date of receipt of an amendment
to a city, county, or regional agency nondisposal facility element,
the  board   Department of Toxic Substances
Control or the Department of Conservation  shall determine
whether the element, which the  board  
Department of Toxic Substances Control or the Department of
Conservation  has determined to be complete, or amendment is in
compliance with Chapter 4.5 (commencing with Section 41730) and
Article 1 (commencing with Section 41780) of Chapter 6, and, based
upon that determination, the  board   Department
of Toxic Substances Control or the Department of Conservation 
shall approve, conditionally approve, or disapprove the element or
amendment within that time period.
   (2) In reviewing the element or amendment, the  board
  Department of Toxic Substances Control or the
Department of Conservation  shall:
   (A) Not consider the estimated capacity of the facility or
facilities in the element or amendment unless the  board
  Department of Toxic Substances Control or the
Department of Conservation  determines that this information is
needed to determine whether the element or amendment meets the
requirements of Article 1 (commencing with Section 41780) of Chapter
6.
   (B) Recognize that individual facilities represent portions of
local plans or programs that are designed to achieve the diversion
requirements of Section 41780 and therefore may not arbitrarily
require new or expanded diversion at proposed facilities.
   (C) Not disapprove an element or amendment that includes a
transfer station or other facility solely because the facility does
not contribute towards the jurisdiction's efforts to comply with
Section 41780.
   (c) If the  board   Department of Toxic
Substances Control or the Department of Conservation  does not
act to approve, conditionally approve, or disapprove an element
 which   that the  board 
 Department of Toxic Substances Control or the Department of
Conservation  has determined to be complete within 120 days, or
an amendment  which the board   that the
Department of Toxic Substances Control or the Department of
Conservation  has determined to be complete within 60 days, the
 board   Department of Toxic Substances Control
or the Department of Conservation  shall be deemed to have
approved the element or amendment. 
  SEC. 113.    Section 41801 of the Public Resources Code is
amended to read: 
   41801.  Before approving or conditionally approving a countywide
or regional integrated waste management plan, or any element of the
plan, pursuant to Section 41800, the  board  
Department of Toxic Substances Control or the Department of
Conservation  shall adopt written findings, based on substantial
evidence in the record, that implementing the plan or element will
achieve the requirements established pursuant to this part, including
the diversion requirements of Section 41780. 
  SEC. 114.    Section 41801.5 of the Public Resources Code
is amended to read: 
   41801.5.  (a) If an element submitted to the  board
  Department of Conservation  for final review
includes the diversion of any solid wastes specified in subdivision
(c) of Section 41781.2 for years preceding the year commencing
January 1, 1990, and the  board   Department of
Conservation  is unable to determine whether the requirements of
Section 41781.2 have been met, the  board  
Department of Conservation  shall notify the city, county, or
regional agency that the diversion is excluded for purposes of
calculating compliance with Section 41780. The  board
  Department of Conservation  shall notify the
city, county, or regional agency of the exclusion within 60 days from
the date of receipt of the element for final review. If an element
has been submitted to the  board   Department of
Conservation  for final review prior to January 1, 1993, the
 board   Department of Conservation  shall
notify the submitting city, county, or regional agency of the
exclusion on or before March 1, 1993.
   (b) The notice shall be based upon a summary review undertaken
solely for the purpose of determining whether the source reduction
and recycling element includes any diversion of wastes excluded by
Section 41781.2, and whether the element contains information
sufficient for the  board   Department of
Conservation  to determine whether the requirements of that
section have been met. The summary review and notice shall be
undertaken by the  board   Department of
Conservation  concurrent with the  board's 
 Department of Conservation's  review and approval,
conditional approval, or disapproval of source reduction and
recycling elements pursuant to Section 41800.
   (c) The  board   Department of Conservation
 shall approve or conditionally approve the source reduction and
recycling element, if wastes have been excluded pursuant to Section
41781.2, if the  board   Department of
Conservation  finds, pursuant to Section 41801, that,
notwithstanding that exclusion, the element will achieve the
requirements established pursuant to this part, including the
diversion requirements of Section 41780.
   (d) If the source reduction and recycling element is approved or
conditionally approved pursuant to this section, the city, county, or
regional agency shall revise the element to reflect the excluded
wastes and shall submit any such revisions to the  board
 Department of Conservation  pursuant to Section
41822. 
  SEC. 115.   Section 41802 of the Public Resources Code is
amended to read: 
   41802.  (a) Within 120 days from the date of receipt of a
household hazardous waste element, the  board  
Department of Toxic Substances Control  shall approve or
disapprove the element.
   (b) The  board   Department of Toxic
Substances Control  shall not disapprove a household hazardous
waste element if the local agency preparing the element demonstrates
to the  board   Department of Toxic Substances
Control  that, in implementing the household hazardous waste
element, the local agency will comply with all of the following
requirements:
   (1) The local agency will use feasible methods to properly reduce,
collect, recycle, treat, and dispose of household hazardous waste
generated within its jurisdiction.
   (2) The local agency will devote reasonable expenditures to the
safe reduction, collection, recycling, treatment, and disposal of
household hazardous waste, relative to the other expenditures
required by this division, and relative to the expenditures for
household hazardous waste programs which were awarded grants of funds
pursuant to Section 46401 as it read on January 1, 1993.
   (3) The local agency will make all reasonable efforts to inform
the public of, and to encourage public participation in, the
household hazardous waste program.
   (4) Regardless of the number of household hazardous waste
collection events held each year by a local agency, or the actual
number of households served, the collection program is available for
use by all households within the jurisdiction of the local agency,
and provides a safe alternative for all residents within the
jurisdiction of the local agency to properly and safely dispose of
household hazardous waste.
   (c) (1) In determining whether a local agency meets the conditions
for approval of a household hazardous waste element set forth in
subdivision (b), the  board   Department of
Toxic Substances Control  shall consider the geographic size and
population of the city or county and the quantity of household
hazardous waste generated within the jurisdiction of the city or
county.
   (2) The  board   Department of Toxic
Substances Control  may provide an exemption from the
requirements of subdivision (b) if a city, county, or a regional
agency demonstrates, and the  board   Department
of Toxic Substances Control  concurs, that compliance with
those requirements is not feasible due to the small geographic size
of the city, county, or regional agency and the small quantity of
solid waste generated within the city, county, or regional agency.
The  board   Department of Toxic Substances
Control  may establish alternative, but less comprehensive,
requirements for those cities, counties, or regional agencies to
ensure compliance with this division. 
  SEC. 116.    Section 41810 of the Public Resources Code is
amended to read: 
   41810.  (a) If the  board   Department of
Toxic Substances Control or the Department of Conservation 
conditionally approves a countywide or regional integrated waste
management plan, or any element of the plan, the  board
  Department of Toxic Substances Control or the
Department of Conservation  shall issue a notice of conditional
approval to the city, county, or regional agency which identifies the
specific reasons for the conditional approval. The notice of
conditional approval shall include specific recommendations on how to
correct the remaining deficiencies in the plan or element.
   (b) If the  board   Department of Toxic
Substances Control or the Department of Conservation 
disapproves a countywide or regional integrated waste management
plan, or any element of the plan, the  board  
Department of Toxic Substances Control or the Department of
Conservation  shall issue a notice of deficiency to the city,
county, or regional agency which identifies the specific reasons for
the disapproval. The notice of deficiency shall include specific
recommendations on how to correct the deficiencies in the plan or
element. 
  SEC. 117.    Section 41810.1 of the Public Resources Code
is amended to read: 
   41810.1.  (a) Any city, county, or regional agency  which
  that  receives a notice of conditional approval
for a countywide or regional integrated waste management plan, or any
element of the plan, pursuant to subdivision (a) of Section 41810,
shall, within 60 days from the date of receipt of the notice of
conditional approval, submit a compliance schedule to the 
board   Department of Toxic Substances Control or the
Department of Conservation  that demonstrates how the city,
county, or regional agency will correct the deficiencies identified
in the notice of conditional approval by the earliest feasible date,
but in no event shall that correction take longer to make than one
year from the date of submission of the compliance schedule.
   (b) The  board   Department of Toxic
Substances Control or the Department of Conservation  shall
approve or disapprove a compliance schedule submitted pursuant to
subdivision (a) within 60 days from the date of its receipt of the
schedule.
   (c) If the  board   Department of Toxic
Substances Control or the Department of Conservation 
determines, based on substantial evidence in the record, that a city,
county, or regional agency is not in compliance with a compliance
schedule approved pursuant to subdivision (b), the  board
  Department of Toxic Substances Control or the
Department of Conservation  may revoke the notice of conditional
approval, and shall issue a notice of deficiency pursuant to
subdivision (b) of Section 41810.
   (d) It is the intent of the Legislature that a notice of
conditional approval shall provide flexibility for a city, county, or
regional agency to make substantial progress towards meeting the
requirements of this part while ensuring full compliance with this
part at the earliest feasible date. 
  SEC. 118.    Section 41811 of the Public Resources Code is
amended to read: 
   41811.  Within 120 days of receipt of the notice of deficiency
issued pursuant to Section 41810, the city or county shall correct
the deficiencies, readopt, and resubmit the city source reduction and
recycling element or the countywide integrated waste management plan
to the  board   Department of Toxic Substances
Control or the Department of Conservation  . 
  SEC. 119.    Section 41811.5 of the Public Resources Code
is amended to read: 
   41811.5.  (a) If the  board   Department of
Toxic Substances Control or the Department of Conservation 
disapproves an element for which a city, county, or regional agency
has received a notification of excluded wastes pursuant to Section
41801.5, the city, county, or regional agency may, concurrent with
the procedures specified in
     Section 41811, submit additional information to substantiate
that the requirements of Section 41781.2 have been met. The
additional information shall be submitted to the  board
  Department of Toxic Substances Control or the
Department of Conservation  within 60 days of disapproval of the
element.
   (b) Following the receipt of additional information pursuant to
subdivision (a) the  board   Department of
Conservation  shall determine, within 60 days, whether all, or a
portion of, the excluded waste will be included in the source
reduction and recycling element for purposes of calculating
compliance with Section 41780.
   (c) Based upon the  board's   Department of
Conservation's  determination pursuant to subdivision (b), the
city, county, or regional agency shall revise its source reduction
and recycling element to correct any deficiencies resulting from the
exclusion of wastes pursuant to Section 41781.2, and shall resubmit
the element to the  board   Department of
Conservation  . The element shall be resubmitted within 120 days
of a  board   Department of Conservation 
determination pursuant to subdivision (b). Notwithstanding Section
41811, if an element is disapproved pursuant to Section 41800, and
the notice of deficiency issued pursuant to Section 41810 identifies
reasons for disapproval, including, but not limited to, noncompliance
with Section 41781.2, the city, county, or regional agency shall
correct all deficiencies, and readopt and resubmit the element to the
 board   Department of Conservation 
pursuant to the requirements of this section.
   (d) In revising the source reduction and recycling element to
address deficiencies arising from noncompliance with Section 41781.2,
a city, county, or regional agency may limit the revisions to an
identification and description of the specific measures that will be
undertaken to achieve compliance with Section 41780.
   (e) If a city, county, or regional agency is unable to resubmit
the source reduction and recycling element within 120 days, the
 board   Department of Conservation  may,
on a case-by-case basis, extend the deadline imposed by subdivision
(c) for submittal of a revised element. 
  SEC. 120.    Section 41812 of the Public Resources Code is
amended to read: 
   41812.  If the  board   Department of Toxic
Substances Control or the Department of Conservation  determines
that the revised city, county, or regional agency source reduction
and recycling element or the countywide or regional agency integrated
waste management plan submitted pursuant to Section 41811 or 41811.5
still fails to meet the requirements of this part, the 
board   Department of Toxic Substances Control or the
Department of Conservation  shall conduct a public hearing for
the purpose of hearing testimony on the plan or element and the
deficiencies identified by the  board  
Department of Toxic Substances Control or the Department of
Conservation  . 
  SEC. 121.    Section 41813 of the Public Resources Code is
amended to read: 
   41813.  (a) After conducting a public hearing pursuant to Section
41812, the  board   Department of Toxic
Substances Control or the Department of Conservation  may impose
administrative civil penalties of not more than ten thousand dollars
($10,000) per day on any city or county, or, pursuant to Section
40974, on any city or county as a member of a regional agency, which
fails to submit an adequate element or plan in accordance with the
requirements of this chapter.
   (b) The  board   Department of Toxic
Substances Control or the Department of Conservation  shall not
impose any penalty against a city or county pursuant to this section
if the city or county is in substantial compliance with this part and
if those aspects of a plan or element of a plan submitted by a city,
county, or regional agency which is not in compliance with this part
do not directly or substantially affect achievement of the diversion
requirements of Section 41780.
   (c) In determining whether a city, county, or regional agency is
in substantial compliance, the  board  
Department of Toxic Substances Control or the Department of
Conservation  shall consider whether the city, county, or
regional agency has made a good faith effort to implement all
reasonable and feasible measures to comply.
   (d) The  board   Department of Toxic
Substances Control or the Department of Conservation  shall not
use the money collected from the penalties imposed pursuant to
subdivision (a) for administrative purposes. The  board
  Department of Toxic Substances Control or the
Department of Conservation  shall use the money collected from
the penalties imposed pursuant to subdivision (a), to the extent
possible, to assist local governments in meeting the requirements of
this part. 
  SEC. 122.   Section 41820.5 of the Public Resources Code
is amended to read: 
   41820.5.  (a)  In addition to its authority under Section
41820, the board   The   Department of
Conservation  may, after a public hearing, grant a time
extension from the diversion requirements of Section 41780 to a city
if both of the following conditions exist:
   (1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code after January
1, 1990, and before January 1, 2001.
   (2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the diversion requirements of Section 41780.
   (b) The  board   Department of Conservation
 may authorize a city that meets the requirements of subdivision
(a) to submit a source reduction and recycling element that includes
an implementation schedule that shows both of the following:
   (1) The city shall divert 25 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within three years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
   (2) The city shall divert 50 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within eight years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities. 
  SEC. 123.    Section 41820.6 of the Public Resources Code
is amended to read: 
   41820.6.  (a)  In addition to its authority under Section
41820, the board   The   Department of Toxic
Substances Control or the Department of Conservation  may, after
a public hearing, grant a time extension from the requirements of
Section 41780 to a city if both of the following conditions exist:
   (1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code on or after
January 1, 2001.
   (2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the requirements of Section 41780.
   (b) The  board   Department of Conservation
 may authorize a city that meets the requirements of subdivision
(a) to submit a source reduction and recycling element that includes
an implementation schedule that shows that the city shall comply
with the requirements of Section 41780, within three years from the
date on which the source reduction and recycling element is due
pursuant to subdivision (b) of Section 41791.5, through source
reduction, recycling, and composting activities. 
  SEC. 124.    Section 41821 of the Public Resources Code is
amended to read: 
   41821.  (a) (1) Each year following the  board's 
 Department of Toxic Substances Control or the  
Department of Conservation's  approval of a jurisdiction's
source reduction and recycling element, household hazardous waste
element, and nondisposal facility element, the jurisdiction shall
submit a report to the  board   Department of
Toxic Substances Control or the Department of Conservation 
summarizing its progress in reducing solid waste as required by
Section 41780, in accordance with the schedule set forth in this
subdivision.
   (2) The annual report shall be due on or before August 1 of the
year following  board   Department of Toxic
Substances Control or the Department of Conservation  approval
of the source reduction and recycling element, the household
hazardous waste element, and the nondisposal facility element, and on
or before August 1 in each subsequent year. The information in this
report shall encompass the previous calendar year, January 1 to
December 31, inclusive.
   (b) Each jurisdiction's annual report to the  board
  Department of Toxic Substances Control or the
Department of Conservation  shall, at a minimum, include the
following:
   (1) Calculations of annual disposal reduction.
   (2) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
   (3) An update of the jurisdiction's source reduction and recycling
element and household hazardous waste element to include any new or
expanded programs the jurisdiction has implemented or plans to
implement.
   (4) An update of the jurisdiction's nondisposal facility element
to reflect any new or expanded nondisposal facilities the
jurisdiction is using or planning to use.
   (5) A summary of progress made in diversion of construction and
demolition of waste material, including information on programs and
ordinances implemented by the local government and quantitative data,
where available.
   (6) Other information relevant to compliance with Section 41780.
   (c) A jurisdiction may also include, in the report required by
this section, all of the following:
   (1) Information on disposal reported pursuant to Section 41821.5
that the jurisdiction believes may be relevant to the  board'
s   Department of Conservation's  determination of
the jurisdiction's per capita disposal rate.
   (2) Disposal characterization studies or other completed studies
that show the effectiveness of the programs being implemented.
   (3) Factors that the jurisdiction believes would affect the
accuracy of, or mitigate the amount of, solid waste disposed by the
jurisdiction, including, but not limited to, either of the following:

   (A) Whether the jurisdiction hosts a solid waste facility or
regional diversion facility.
   (B) The effects of self-hauled waste and construction and
demolition waste.
   (4) The extent to which the jurisdiction previously relied on
biomass diversion credit and the extent to which it may be impacted
by the lack of the credit.
   (5) Information regarding the programs the jurisdiction is
undertaking to address specific disposal challenges, and why it is
not feasible to implement programs to respond to other factors that
affect the amount of waste that is disposed.
   (6)  Other information that describes the good faith efforts of
the jurisdiction to comply with Section 41780.
   (d) The  board  Department of Conservation
 shall use, but is not limited to the use of, the annual report
in the determination of whether the jurisdiction's source reduction
and recycling element needs to be revised or updated.
   (e) (1) The  board   Department of
Conservation  shall adopt procedures for requiring additional
information in a jurisdiction's annual report. The procedures shall
require the  board   Department of Conservation
 to notify a jurisdiction of any additional required information
no later than 120 days after the  board  
Department of Conservation  receives the report from the
jurisdiction.
   (2) Paragraph (1) does not prohibit the  board 
 Department of Conservation  from making additional requests
for information in a timely manner. A jurisdiction receiving a
request for information shall respond in a timely manner.
   (3) If the schedule for the submission of an annual report by a
jurisdiction does not correspond with the scheduled review by the
 board   Department of Conservation 
specified in subdivision (a) of Section 41825, the  board
  Department of Conservation  shall utilize the
information contained in the annual report to assist the 
board   Department of Conservation  in providing
technical assistance and reviewing the jurisdiction's diversion
program implementation.
   (f) The  board   Department of Conservation
 shall adopt procedures for conferring with a jurisdiction
regarding the implementation of its diversion programs.
   (g) Notwithstanding the Uniform Electronic Transactions Act (
Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3
of the Civil Code), a jurisdiction shall submit the progress report
required by this section to the  board  
Department of Conservation  electronically, using the 
board's   Department of Conservation's  electronic
reporting format system.
   (h) Notwithstanding the reporting schedule required by this
section, and in addition to the review required by Section 41825, the
 board   Department of Conservation  shall
visit each jurisdiction not less than once each year to monitor the
jurisdiction's implementation and maintenance of its diversion
programs. 
  SEC. 125.   Section 41821.1 of the Public Resources Code
is amended to read: 
   41821.1.  (a) Each year following the  board's 
 Department of Toxic Substances Control's  approval of a
county or regional agency's siting element and summary plan, the
county or regional agency shall submit a report to the  board
  Department of Toxic Substances Control 
summarizing the adequacy of the siting element and summary plan. The
report on the siting element shall discuss any changes in disposal
capacity, disposal facilities, or any other relevant issues. The
annual report shall be due on or before August 1 of the year
following  board   Department of Toxic
Substances Control  approval of a county or regional agency's
siting element and summary plan, and on or before August 1 in each
subsequent year. The information in this report shall encompass the
previous calendar year, January 1 to December 31, inclusive.
   (b) The  board   Depar  tment of
Toxic Substances Control  shall adopt procedures that may
authorize a jurisdiction to submit an abbreviated version of the
report required pursuant to this section, if the  board
  Department of Toxic Substances Control 
determines that the jurisdiction has met or exceeded the requirements
of paragraph (2) of subdivision (a) of Section 41780 for the
previous two years, and if the  board  
Department of Toxic Substances Control  determines that the
jurisdiction has otherwise complied with this division for the
previous five years. 
  SEC. 126.    Section 41821.2 of the Public Resources Code
is amended to read: 
   41821.2.  (a) For the purposes of this section, "district" means a
community services district, public utility district, or sanitary
district that provides solid waste handling services or implements
source reduction and recycling programs.
   (b) Notwithstanding any other law, each district shall do all of
the following:
   (1) Comply with the source reduction and recycling element and the
household hazardous waste element of the city, county, or regional
agency in which the district is located, as required by the city,
county, or regional agency. The city, county, or regional agency
shall notify a district of any program that it is implementing or
modifying when it annually submits a report to the  board
  Department of Toxic Substances Control or the
Department of Conservation  pursuant to Section 41821.
   (2) Provide each city, county, or regional agency in which it is
located, information on the programs implemented by the district, the
amount of waste disposed and reported to the disposal tracking
system pursuant to Section 41821.5 for each city, county, or regional
agency, and the amount of waste diverted by the district for each
city, county, or regional agency.
   (c) The  board   Department of Toxic S 
 ubstances Control or the Department of Conservation  may
adopt regulations pertaining to the format of the information to be
provided pursuant to paragraph (2) of subdivision (b) and deadlines
for supplying this information to the city, county, or regional
agency, so that it may be incorporated into the annual report
submitted to the  board   Department of Toxic
Substances Control or the Department of Conservation  pursuant
to Section 41821.
   (d) A district is subject to the portion of a penalty imposed,
pursuant to Section 41850, upon a city, county, or regional agency in
which the district is located, that is in proportion to the district'
s responsibility for failure to implement that jurisdiction's source
reduction and recycling element and household hazardous waste
element, as determined by that city, county, or regional agency. The
 board   Department of Toxic Substances Control
or the Department of Conservation  shall not determine the
proportion of a district's responsibility as part of its
determination to impose penalties. The city, county, or regional
agency shall provide the district with a written notice regarding the
district's responsibility, including the basis for determining the
district's proportional responsibility, and an opportunity for
hearing before the city, county, or regional agency's governing body,
before assessing the district a proportion of the penalty imposed by
the  board   De   partment of Toxic
Substances Control or the Department of Conservation  .
   (e) A district may impose a fee in an amount sufficient to pay for
the costs of complying with this section. The fees shall be assessed
and collected in the same manner as the fees imposed pursuant to
Sections 41901 and 41902. 
  SEC. 127.    Section 41821.3 of the Public Resources Code
is amended to read: 
   41821.3.  (a) For the purposes of this section the following
definitions shall apply:
   (1) "Inert waste" means only rock, concrete, brick, sand, soil,
ceramics, and cured asphalt. "Inert waste" does not include any waste
that meets the definition of "designated waste," as defined in
Section 13173 of the Water Code, or "hazardous waste" as defined in
Section 40141.
   (2) "Inert waste removed from the solid waste stream and not
disposed of in a solid waste landfill" means the use or placement of
inert waste on property where surface mining operations, as defined
in Section 2735, are being conducted, or have been conducted
previously, if the use or placement is for purposes of reclamation,
as defined in Section 2733, pursuant to either of the following:
   (A) A reclamation plan approved under Section 2774.
   (B) For surface mining operations conducted prior to January 1,
1976, an agreement with a city or county, or a permit issued by a
city or county, that provides for a fill appropriately engineered for
the planned future use of the reclaimed mine site.
   (3) "Jurisdiction" means a city, county, or regional agency.
   (b) A jurisdiction shall deduct, from the amount of disposed waste
that is required to be included in the annual report submitted to
the  board   Department of Conservation 
pursuant to subdivision (b) of Section 41821, inert waste removed
from the solid waste stream and not disposed of in a solid waste
landfill, as defined in paragraph (2) of subdivision (a). A
jurisdiction shall deduct this inert waste only in accordance with
the procedures specified in subdivisions (c) to (e), inclusive,
commencing with the report submitted by the jurisdiction to the
 board  Department of Toxic Substances Control
or t   he Department of Conservation  for the year
2001.
   (c) (1) A jurisdiction shall deduct inert waste pursuant to
subdivision (b) from its reported disposal tonnage for the year 2001,
and shall identify, in the jurisdiction's annual report, that the
deduction is being made pursuant to this section and the exact amount
of the deduction.
   (2) The  board   Department of Conservation
 shall verify that the deduction made pursuant to paragraph (1)
is consistent with the requirements of this section and the amount
deducted is consistent with the amount reported through the 
board's   Department of Conservation  disposal
reporting system. The  board  Department of
Conservation  shall approve the deduction made by the
jurisdiction upon making this verification.
   (3) If the  board   Department of
Conservation  finds that the amount deducted pursuant to
paragraph (1) does not meet the requirements of this section, or if
the amount deducted is not consistent with the amount reported
through the  board's   Department of
Conservation'   s  disposal reporting system, the
 board   Department of Conservation  shall
notify the jurisdiction of its preliminary determination and confer
with representatives of the jurisdiction to reach an agreement
regarding the amount of the deduction. If the jurisdiction agrees
upon the amount of the deduction, the  board  
Department of Conservation  shall approve the deduction as
modified. If the  board   Department of
Conservation  and the jurisdiction are unable to reach agreement
upon the amount of the deduction, the jurisdiction may request a
hearing before the  board   Department of
Conservation  to obtain a final determination.
   (d) (1) A jurisdiction shall deduct tonnage from its base-year
disposal in an amount equal to the amount deducted from the
jurisdiction's 2001 disposal tonnage pursuant to this section. The
jurisdiction shall not deduct an amount from its base-year disposal
tonnage that is greater than the amount of disposed inert waste that
was included in its most recent  board-approved 
Department of Conservation-approved  revised base-year approved
by the  board   Department of Conservation
 .
   (2) The  board   Department of Conservation
 shall verify that the base-year deduction made pursuant to
paragraph (1) is consistent with the requirements of this section.
The  board   Department of Conservation 
shall approve the revised base-year disposal tonnage upon making this
verification.
   (3) If the  board   Department of
Conservation finds that the base-year deduction requested
pursuant to paragraph (1) is not consistent with the requirements of
this section, the  board   Department of
Conservation  shall notify the jurisdiction of its preliminary
determination and confer with representatives of the jurisdiction in
order to reach agreement regarding the amount of the deduction. If
the jurisdiction agrees upon the amount of the deduction, the
 board   Department of Conservation  shall
approve the revised base-year disposal tonnage accordingly. If the
 board   Department of Conservation  and
the jurisdiction are unable to reach agreement upon the amount of the
deduction, the jurisdiction may request a hearing before the
 board  Department of Conservation  to
obtain a final determination.
   (e) (1) A jurisdiction shall deduct all inert waste from its
reported disposal tonnage in all of its annual reports for all
subsequent years. The  board   Department of
Conservation  shall verify this deduction pursuant to paragraphs
(2) and (3) of subdivision (c).
   (2) If the  board   Department of
Conservation  approves the jurisdiction's revised base-year
disposal tonnage pursuant to subdivision (d), the revised base year
disposal tonnage shall not be subsequently revised for inert waste
under this section.
   (f) This section does not limit the authority of the 
board   Department of Conservation  to require any
facility that uses or places inert material on property where surface
mining operations are being conducted, or have been conducted
previously, to report to the  board  Department
of Conservation  on the quantities of inert material used or
placed on the property for the purpose of reclamation.
   (g) It is the intent of the Legislature that a city, county, or
regional agency not be required to revise its source reduction and
recycling element to comply with this section unless the city,
county, or regional agency elects to implement this section as
authorized by this section.
   (h) This section shall become inoperative on the operative date of
any regulation adopted by the  board  
Department of Conservation  relating to "inert waste removed
from the solid waste stream and not disposed of in a solid waste
landfill," as defined in paragraph (2) of subdivision (a), if that
regulation includes procedures to facilitate the counting of the
inert waste for purposes of the disposal reporting system established
under Section 41821.5 when that inert waste is placed in a mine
reclamation facility as fill material, and, as of January 1
immediately following that operative date, is repealed, unless a
later enacted statute that is enacted before that January 1 deletes
or extends the dates on which it becomes inoperative and is repealed.

  SEC. 128.    Section 41821.5 of the Public Resources Code
is amended to read: 
   41821.5.  (a) Disposal facility operators shall submit to counties
information from periodic tracking surveys on the disposal tonnages
by jurisdiction or region of origin that are disposed of at each
disposal facility. To enable disposal facility operators to provide
that information, solid waste handlers and transfer station operators
shall provide information to disposal facility operators on the
origin of the solid waste that they deliver to the disposal facility.

   (b) Recycling and composting facilities shall submit periodic
information to counties on the types and quantities of materials that
are disposed of, sold to end users, or that are sold to exporters or
transporters for sale outside of the state, by county of origin.
When materials are sold or transferred by one recycling or composting
facility to another, for other than an end use of the material or
for export, the seller or transferror of the material shall inform
the buyer or transferee of the county of origin of the materials. The
reporting requirements of this subdivision do not apply to entities
that sell the byproducts of a manufacturing process.
   (c) Each county shall submit periodic reports to the cities within
the county, to any regional agency of which it is a member agency,
and to the  board   Department
                        of Toxic Substances Control or the Department
of Conservation  , on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a),
and on the categories and amounts of solid waste diverted to
recycling and composting facilities within the county or region, as
specified in subdivision (b).
   (d) The  board   Department of Toxic
Substances Control or the Department of Conservation  may adopt
regulations pursuant to this section requiring practices and
procedures that are reasonable and necessary to perform the periodic
tracking surveys required by this section, and that provide a
representative accounting of solid wastes that are handled,
processed, or disposed. Those regulations or periodic tracking
surveys approved by the  board   Department of
Toxic Substances Control or the Department of Conservation 
shall not impose an unreasonable burden on waste handling,
processing, or disposal operations or otherwise interfere with the
safe handling, processing, and disposal of solid waste.
   (e) On or before January 1, 2002, the  board 
 Department of Toxic Substances Control or the Department of
Conservation  shall submit a report to the Legislature that
evaluates the implementation of this section. The report shall
include, but not be limited to, all of the following:
   (1) An evaluation of the accuracy of the disposal reporting system
under differing circumstances.
   (2) The status of implementation of the disposal reporting system
at the local level by waste haulers, landfills, transfer station and
material recovery operators, and local agencies.
   (3) The need for modification of the disposal reporting system to
improve accuracy.
   (4) Recommendations for regulatory and statutory changes needed to
address deficiencies in the disposal reporting system.
   (5) Recommendations to improve implementation and to streamline
the reporting system, including ways to assist agencies to meet the
reporting and tracking requirements.
   (f) The  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation  shall convene a working group composed of
representatives of stakeholder groups, including, but not limited to,
cities, counties, regional agencies, the solid waste industry,
recyclers, and environmental organizations, to assist the 
board   Department of   Toxic Substances
Control, in conjunction with the Department of Conservation  in
preparing the report required pursuant to subdivision (e). 
  SEC. 129.    Section 41821.6 of the Public Resources Code
is amended to read: 
   41821.6.  To assist market development efforts by the 
board   Department of Conservation  , local
agencies, and the private sector, the  board  
Department of Conservation  shall use existing data resources
collected from recycling, composting, and disposal facilities, or
from other sources, to provide periodic information on the recovery
and availability of recycled materials. 
  SEC. 130.    Section 41822 of the Public Resources Code is
amended to read: 
   41822.  Each city, county, or regional agency shall review its
source reduction and recycling element or the countywide integrated
waste management plan at least once every five years to correct any
deficiencies in the element or plan, to comply with the source
reduction and recycling requirements established under Section 41780,
and to revise the documents, as necessary, to comply with this part.
Any revision made to an element or plan pursuant to this section
shall be submitted to the  board   Department of
Conservation  for review and approval or disapproval pursuant
to the schedule established under this chapter. 
  SEC. 131.    Section 41825 of the Public Resources Code,
as added by Section 13 of Chapter 343 of the Statutes of 2008, is
amended to read: 
   41825.  (a) Using the information in the report submitted to the
 board   Department of Toxic Substances Control
or the Department of Conservation  by the jurisdiction pursuant
to Section 41821 and any other relevant information, the 
board   Department of Conservation  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  board   Department of
Conservation  makes a finding that the jurisdiction was in
compliance with Section 41780 for calendar year 2006, the 
board   Department of Toxic Substances Control and the
Department of Conservation  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  board makes   Department of Toxic
Substances Control and the Department of Conservation make  a
finding that the jurisdiction made a good faith effort to implement
its source reduction and recycling element and household hazardous
waste element, the  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation  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  board   Department of Toxic
Substances Control or the Department of Conservation  makes a
finding that the jurisdiction was not in compliance with Section
41780 for calendar year 2006 or for any subsequent calendar year, the
 board   Department of Toxic Substances
Control, in conjunction with the Department of Conservation 
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
 board   Department of Toxic Substances Control
or the Department of Conservation  subsequently determines that
the jurisdiction has come into compliance with Section 41780, the
 board   Department of Toxic Substances Control,
in conjunction with the Department of Conservation,  shall
review, at least once every four years, whether the jurisdiction has
implemented its source reduction and recycling element and household
hazardous waste 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 
board   Department of Toxic Substances Control or the
Department of Conservation  subsequently determines that the
jurisdiction is not in compliance with Section 41780, the 
board   Department of Toxic Substances Control, in
conjunction with the Department of Conservation,  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
 board   Department of Toxic Substances Control
or the Department of Conservation  may review whether a
jurisdiction is in compliance with Section 41780 in accordance with
the requirements of this section at any time that the  board
  Department of Toxic Substances Control or the
Department of Conservation  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  board   Department of Toxic Substances
Control, in conjunction with the Department of Conservation, 
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  board   Department of Toxic
Substances Control, in conju   nction with the Department of
Conservation,  shall issue a notice of intent to issue an order
of compliance not less than 30 days before the  board
  Department of Toxic Substances Control, in conjunction
with the Department of Conservation,  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  board  
Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  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  board 
 Department of Toxic Substances Control and the Department of
Conservation  .
   (3) The  board   Department of Conservation
 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  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation,  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  board
  Department of Toxic Substances Control, in conjunction
with the Department of Conservation,  shall issue an order of
compliance with a specific schedule for achieving compliance.
   (2) The compliance order shall include those conditions that the
 board   Department of Toxic Substances Control,
in conjunction with the Department of Conservation,  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  board   Department of
Toxic Substances Control, in conjunction with the Department of
Conservation  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) 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  board  
Department of Toxic Substances Control and the Department of
Conservation  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  board   Department of Toxic
Substances Control and the Department of Conservation  shall
consider the enforcement criteria included in  its 
 the former California Integrated Waste Management Board's 
enforcement policy, as adopted on April 25, 1995, or as subsequently
amended.
   (4) The  board   Department of Toxic
Substances Control and the Department of Conservation  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
 board   Department of Conservation 
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.
   (5) In making a determination whether a jurisdiction has made a
good faith effort, pursuant to this section, the  board
  Department of Conservation  may consider a
jurisdiction's per capita disposal rate as a factor in determining
whether the jurisdiction adequately implemented its diversion
programs. The  board   Department of Toxic
Substances Control or the Department of Conservation  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,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
  SEC. 132.    Section 41850 of the Public Resources Code is
amended to read: 
   41850.  (a) Except as specifically provided in Section 41813, if,
after holding the public hearing and issuing an order of compliance
pursuant to Section 41825, the  board  
Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  finds that the jurisdiction has
failed to make a good faith effort to implement its source reduction
and recycling element or its household hazardous waste element, the
 board   Department of Toxic Substances Control
or the Department of Conservation  may impose administrative
civil penalties upon the city or county or, pursuant to Section
40974, upon the city or county as a member of a regional agency, of
up to ten thousand dollars ($10,000) per day until the jurisdiction
implements the element.
   (b) In determining whether or not to impose any penalties, or in
determining the amount of any penalties imposed under this section,
including any penalties imposed due to the exclusion of solid waste
pursuant to Section 41781.2 that results in a reduction in the
quantity of solid waste diverted by a jurisdiction, the 
board   Department of Toxic Substances Control or the
Department of Conservation  shall consider whether the
jurisdiction has made a good faith effort to implement its source
reduction and recycling element or its household hazardous waste
element. In addition, the  board   Department of
Toxic Substances Control or the Department of Conservation 
shall consider only those relevant circumstances that have prevented
a jurisdiction from meeting the requirements of this division,
including, but not limited to, the factors described in subdivisions
(d) and (e) of Section 41825. 
  SEC. 133.    Section 41850.5 of the Public Resources Code
is amended to read: 
   41850.5.  Any administrative civil penalty imposed by the 
board   Department of Toxic Substances Control or the
Department of Conservation  pursuant to Section 41813 or 48150
shall be deposited in the Local Government Assistance Account, which
is hereby created in the Integrated Waste Management Fund. Any funds
deposited in that account shall be used solely for the purposes of
assisting local governments in complying with the diversion
requirements established under Section 41780, and shall not be used
by the  board   Department of Toxic Substances
Control or the Department of Conservation  for administrative
purposes. 
  SEC. 134.    Section 41851 of the Public Resources Code is
amended to read: 
   41851.  Nothing in this chapter shall infringe on the existing
authority of counties and cities to control land use or to make land
use decisions, and nothing in this chapter provides or transfers new
authority over that land use to the  board  
Department of Toxic Substances Control or the Department of
Conservation  . 
  SEC. 135.    Section 41903 of the Public Resources Code is
amended to read: 
   41903.  A city or county may assess special fees of a reasonable
amount on the importation of waste from outside of the county to
publicly owned or privately owned facilities. No city or county shall
export solid waste to any other jurisdiction unless the exporting
city or county has, within one year following the date specified in
Section 41791 or a later date established or permitted by the
 board   Department of Toxic Substances Control,
in conjunction with the Department of Conservation  , an
approved city or county household hazardous waste element and a
source reduction and recycling element which have both been
implemented, or have submitted a countywide integrated waste
management plan, and is in compliance with it, provided, however,
that, until one year following the date specified in Section 41791 or
a later date established by the  board  
Department of Toxic Substances Control or the Department of
Conservation  , nothing herein shall be construed as prohibiting
the export of solid waste. The  board  
Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  may waive the requirements of this
section if the  board   Department of Toxic
Substances Control or the Department of Conservation, 
determines that all additional reasonable source reduction and
recycling programs are being implemented in the city or county or if
the  board   Department of Toxic Substances
Control, in conjunction with the Department of Conservation 
determines that the system to export waste supports or enhances the
city or county source recovery and recycling element. 
  SEC. 136.    Section 41956 of the Public Resources Code is
amended to read: 
   41956.  The  board   Department of
Conservation  may award special enforcement grants to cities or
counties to support pilot programs designed to develop and evaluate
enforcement techniques to reduce the theft of recyclable materials
from commercial, industrial, or other nonresidential establishments.

  SEC. 137.    Section 42000 of the Public Resources Code is
amended to read: 
   42000.  The Legislature hereby finds and declares all of the
following:
   (a) This division requires cities and counties to divert 25
percent of all solid waste from landfills and transformation
facilities by 1995 and 50 percent by 2000. As of 1990, the overall
diversion rate in the state was 12 percent.
   (b) California's source reduction, recycling, and composting
efforts need to increase greatly if local jurisdictions are to meet
the 25-percent and the 50-percent diversion requirements.
   (c) Market development is the key to increased, cost-effective
recycling. Market development includes activities that strengthen
demand by manufacturers and end-use consumers for recyclable
materials collected by municipalities, nonprofit organizations, and
private entities.
   (d) Developing markets for recyclable materials creates
opportunities that will reindustrialize California. The 
board   Department of Conservation  estimates that
the development of markets for recyclable materials may create over
20,000 jobs in California's manufacturing sector, an additional
25,000 jobs in the sorting and processing fields, and an unestimated
number of jobs in other fields that may develop through full
implementation of this division.
   (e) The  board   Department of Conservation
 is authorized to conduct individual market development
activities, but is not presently required to implement a
comprehensive plan that addresses the full range of market
development needs. 
  SEC. 138.    Section 42002 of the Public Resources Code is
amended to read: 
   42002.  The following definitions govern the construction of this
chapter:
   (a) "Applicant" means a person, as defined in Section 40170, who
applies for designation as a Recycling Market Development Zone.
   (b) "Postconsumer waste material" means any product generated by a
business or a consumer which has served its intended end use, and
which has been separated from solid waste for the purposes of
collection, recycling, and disposal, and which does not include
secondary waste material.
   (c) "Recycling-based business" means any business that increases
market demand for, or adds value to, postconsumer waste material or
secondary waste material.
   (d) "Recycling market development zone" or "zone" means any single
or joint, contiguous parcels of property that, based on the
determination of the  board   Department of
Conservation  , meets the following criteria:
   (1) The area has been zoned an appropriate land use for the
development of commercial, industrial, or manufacturing purposes.
   (2) The area is identified in the countywide or regional agency
integrated waste management plan as part of the market development
area.
   (3) The area is located in a city with an existing postconsumer
waste collection infrastructure.
   (4) The area may be used to establish commercial, manufacturing,
or industrial processes which would produce end products that consist
of not less than 50 percent recycled materials.
   (e) "Revolving loan program" means the Recycling Market
Development Revolving Loan Program established pursuant to Section
42023.1.
   (f) "Secondary waste material" means industrial byproducts which
would otherwise go to disposal facilities and wastes generated after
completion of a manufacturing process, but does not include
internally generated scrap commonly returned to industrial or
manufacturing processes, such as home scrap and mill broke.
   (g) "Subaccount" means the Recycling Market Development Revolving
Loan Subaccount created pursuant to subdivision (a) of Section
42023.1. 
  SEC. 139.    Section 42005 of the Public Resources Code is
amended to read: 
   42005.  (a) The  board   Department of
Conservation  shall develop a comprehensive market development
plan using existing resources, that will stimulate market demand in
the state for postconsumer waste material and secondary waste
material generated in the state.
   (b) The  board's   Department of Conservation'
s  market development plan shall include, but shall not be
limited to, achieving all of the following goals:
   (1) Increasing market demand for postconsumer waste materials and
secondary waste materials available due to California's source
reduction and recycling programs.
   (2) Increasing demand for recycled content products, especially
high quality, value-added products.
   (3) Promoting efficient local waste diversion systems which yield
high quality, industrially usable feedstocks.
   (4) Promoting the competitive collection and use of secondary
waste materials.
   (c) The  board's   Department of Conservation'
s  development plan shall also include efforts to encourage and
promote cooperative, regional programs to expand markets for recycled
material. These programs shall include activities to address
problems and opportunities that are unique to rural, urban, and
suburban areas of the state.
   (d) The  board   Department of Conservation
 shall develop a plan, using existing resources, to provide
assistance to local agencies when requested by a city, county, or
regional agency, in the implementation of cost-effective programs
that provide a quality supply of recycled materials for markets. 

  SEC. 140.    Section 42007 of the Public Resources Code is
amended to read: 
   42007.  Upon adoption of the plan required by Section 42005, the
 board   Department of Conservation  shall
conduct a detailed analysis of staff resources and consider how to
most effectively implement the plan in consideration of existing
statutory mandates and resource constraints. 
  SEC. 141.    Section 42012 of the Public Resources Code is
amended to read: 
                      42012.  The local governing body, or any person
through the local governing body, may apply to the  board
  Department of Conservation  for designation as a
recycling market development zone. 
  SEC. 142.    Section 42013 of the Public Resources Code is
amended to read: 
   42013.  The  board   Department of
Conservation  shall adopt regulations and guidelines concerning
the necessary contents of each application for designation and, in
the countywide integrated waste management plans, shall determine the
maximum number of recycling market development zones to be
designated pursuant to this chapter. 
  SEC. 143.    Section 42014 of the Public Resources Code is
amended to read: 
   42014.  The  board   Department of
Conservation  may designate or redesignate recycling market
development zones for persons applying for that designation. 
  SEC. 144.    Section 42015 of the Public Resources Code is
amended to read: 
   42015.  If there are more applications for designation than the
number of recycling market development zones to be designated, the
 board   Department of Conservation  shall
select the applicants who shall receive the designation of a
recycling market development zone based on a comparison of the
applications submitted and an indication that the applicant's
proposals include effective, innovative, and comprehensive tax
incentives and regulatory incentives, and other incentives programs,
to attract private sector investment in the proposed recycling market
development zone. 
  SEC. 145.    Section 42019 of the Public Resources Code is
amended to read: 
   42019.  In evaluating an application for the designation of a
recycling market development zone, the  board  
Department of Conservation  shall consider the amount of
landfill capacity remaining in the jurisdiction where the zone would
be located. 
  SEC. 146.    Section 42020 of the Public Resources Code is
amended to read: 
   42020.  In evaluating an application for the designation of a
recycling market development zone, the  board  
Department of Conservation  shall not deny the application
solely because of technical deficiencies. The  board
  Department of Conservation  shall provide
applicants with an opportunity to correct technical deficiencies. An
application shall be denied if technical deficiencies are not
corrected within 14 days. 
  SEC. 147.    Section 42023.1 of the Public Resources Code
is amended to read: 
   42023.1.  (a) The Recycling Market Development Revolving Loan
Subaccount is hereby created in the account for the purpose of
providing loans for purposes of the Recycling Market Development
Revolving Loan Program established pursuant to this article.
   (b) Notwithstanding Section 13340 of the Government Code, the
funds deposited in the subaccount are hereby continuously
appropriated to the  board   Department of
Conservation  without regard to fiscal year for making loans
pursuant to this article.
   (c) The  board   Department of Conservation
 may expend interest earnings on funds in the subaccount for
administrative expenses incurred in carrying out the Recycling Market
Development Revolving Loan Program, upon the appropriation of funds
in the subaccount for that purpose in the annual Budget Act.
   (d) The money from any loan repayments and fees, including, but
not limited to, principal and interest repayments, fees and points,
recovery of collection costs, income earned on any asset recovered
pursuant to a loan default, and funds collected through foreclosure
actions, shall be deposited in the subaccount.
   (e) All interest accruing on interest payments from loan
applicants shall be deposited in the subaccount.
   (f) The  board   Department of Conservation
 may expend the money in the subaccount to make loans to local
governing bodies, private businesses, and nonprofit entities within
recycling market development zones, or in areas outside zones where
partnerships exist with other public entities to assist local
jurisdictions to comply with Section 40051.
   (g) The  board   Department of Conservation
 shall establish and collect fees for applications for loans
authorized by this section. The application fee shall be set at a
level that is sufficient to fund the  board's  
Department of   Conservation's  cost of processing
applications for loans. In addition, the  board 
 Department of Conservation  shall establish a schedule of
fees, or points, for loans which are entered into by the 
board   Department of Conservation  , to fund the
 board's   Department of Conservation's 
administration of the revolving loan program.
   (h) The  board   Department of Conservation
 may expend money in the subaccount for the administration of
the Recycling Market Development Revolving Loan Program, upon the
appropriation of funds in the subaccount for that purpose in the
annual Budget Act. In addition, the  board  
Department of Conservation  may expend money in the account to
administer the revolving loan program, upon the appropriation of
funds in the subaccount for that purpose in the annual Budget Act.
However, funding for the administration of the revolving loan program
from the account shall be provided only if there are not sufficient
funds in the subaccount to fully fund the administration of the
program.
   (i) The  board   Department of Conservation
 , pursuant to subdivision (a) of Section 47901, may set aside
funds for the purposes of paying costs necessary to protect the state'
s position as a lender-creditor. These costs shall be broadly
construed to include, but not be limited to, foreclosure expenses,
auction fees, title searches, appraisals, real estate brokerage fees,
attorney fees, mortgage payments, insurance payments, utility costs,
repair costs, removal and storage costs for repossessed equipment
and inventory, and additional expenditures to purchase a senior lien
in foreclosure or bankruptcy proceedings.
   (j) (1) Except as provided in paragraph (2), this section shall
become inoperative on July 1, 2011, and as of January 1, 2012, is
repealed, unless a later enacted statute, which becomes effective on
or before January 1, 2012, deletes or extends the dates on which it
becomes inoperative and is repealed.
   (2) The repeal of this section pursuant to paragraph (1) shall not
extinguish any loan obligation or the authority of the state to
pursue appropriate actions for the collection of a loan. 
  SEC. 148.    Section 42023.3 of the Public Resources Code
is amended to read: 
   42023.3.  (a) All money remaining in the subaccount on July 1,
2011, and all money received as repayment and interest on loans
shall, as of July 1, 2011, be transferred to the account and any
money due and outstanding on loans as of July 1, 2011, shall be
repaid to the  board   Department of
Conservation  and deposited by the  board  
Department of Conservation  in the account until paid in full,
except that, upon authorization by the Legislature in the annual
Budget Act, interest earnings may be expended for administrative
costs associated with the collection of outstanding loan accounts.
   (b) (1) Except as provided in paragraph (2), this section shall
become inoperative on July 1, 2011, and as of January 1, 2012, is
repealed, unless a later enacted statute, which becomes effective on
or before January 1, 2012, deletes or extends the dates on which it
becomes inoperative and is repealed.
   (2) The repeal of this section pursuant to paragraph (1) shall not
extinguish any loan obligation or the authority of the state to
pursue appropriate actions for the collection of a loan. 
  SEC. 149.    Section 42023.4 of the Public Resources Code
is amended to read: 
   42023.4.  (a) Loans made pursuant to Section 42023.1 shall be
subject to all of the following requirements:
   (1) The terms of any approved loan shall be specified in a loan
agreement between the borrower and the  board  
Department of Conservation  . The loan agreement shall include a
requirement that the failure to comply with the agreement shall
result in any remaining unpaid amount of the loan, with accrued
interest, being immediately due and payable. Notwithstanding any term
of the agreement, any recipient of a loan that the  board
  Department of Conservation  approves shall repay
the principal amount, plus interest on the basis of the rate of
return for money in the Surplus Money Investment Fund at the time of
the loan commitment. Except as provided in subdivision (a) of Section
42023.3, all money received as repayment and interest on loans made
pursuant to this section shall be deposited in the subaccount.
   (2) The term of any loan made pursuant to this section shall be
not more than 10 years when collateralized by assets other than real
estate, or not more than 15 years when partially or wholly
collateralized by real estate.
   (3) The  board   Department of Conservation
 shall approve only those loan applications that demonstrate the
applicant's ability to repay the loan. The highest priority for
funding shall be given to projects which demonstrate that the project
will increase market demand for recycling the project's type of
postconsumer waste material.
   (4) The  board   Department of Conservation
 shall finance not more than three-fourths of the cost of each
project, or not more than two million dollars ($2,000,000) for each
project, whichever is less.
   (5) The Department of Finance may audit the expenditure of the
proceeds of any loan made pursuant to Section 42023.1 and this
section.
   (b) (1) Except as provided in paragraph (2), this section shall
become inoperative on July 1, 2011, and as of January 1, 2012, is
repealed, unless a later enacted statute, which becomes effective on
or before January 1, 2012, deletes or extends the dates on which it
becomes inoperative and is repealed.
   (2) The repeal of this section pursuant to paragraph (1) shall not
extinguish any loan obligation or the authority of the state to
pursue appropriate actions for the collection of a loan. 
  SEC. 150.    Section 42023.5 of the Public Resources Code
is amended to read: 
   42023.5.  (a) The  board   Department of
Conservation  shall, as part of the annual report to the
Legislature, pursuant to Section 40507, include a report on the
performance of the Recycling Market Development Revolving Loan
Program, including the number and size of loans made, characteristics
of loan recipients, projected loan demand, and the cost of
administering the program.
   (b) This section shall become inoperative on July 1, 2011, and as
of January 1, 2012, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

  SEC. 151.    Section 42023.6 of the Public Resources Code
is amended to read: 
   42023.6.  (a) The board   Department of
Conservation  shall encourage applicants to seek participation
from private financial institutions or other public agencies. For
purposes of enabling the  board   Department of
Conservation  and local agencies to comply with Sections 40051
and 41780, the  board   Department of
Conservation  may participate, in an amount not to exceed five
hundred thousand dollars ($500,000), in the Capital Access Loan
Program as provided in Article 8 (commencing with Section 44559) of
Chapter 1 of Division 27 of the Health and Safety Code.
   (b) For purposes of participating in the Capital Access Loan
Program, as specified in subdivision (a), or in any program that
leverages subaccount funds, the  board  
Department of Conservation  may operate both inside and outside
the recycling market development zones.
   (c) (1) Except as provided in paragraph (2), this section shall
become inoperative on July 1, 2011, and as of January 1, 2012, is
repealed, unless a later enacted statute, which becomes effective on
or before January 1, 2012, deletes or extends the dates on which it
becomes inoperative and is repealed.
   (2) The repeal of this section pursuant to paragraph (1) shall not
extinguish any loan obligation or the authority of the state to
pursue appropriate actions for the collection of a loan. 
  SEC. 152.    Section 42024 of the Public Resources Code is
amended to read: 
   42024.  The  board   Department of
Conservation  , the Treasurer, and other appropriate state
agencies shall, to the extent feasible and as appropriate, coordinate
activities that will leverage financing for market development
projects and encourage joint activities to strengthen markets for
recycled materials. 
  SEC. 153.    Section 42106 of the Public Resources Code is
amended to read: 
   42106.  The agency in consultation with the air board, water board
and the department, may adopt regulations to implement this chapter.
The agency may adopt emergency regulations to implement the loan
guarantee program in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and for the purposes of that chapter, including Section 11346.1
of the Government Code, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, an emergency regulation adopted by the 
board   Department of Toxic Substances Control 
pursuant to this section shall be filed with, but not repealed by,
the Office of Administrative Law, and shall remain in effect until
revised by the agency. 
  SEC. 154.    Section 42171 of the Public Resources Code is
amended to read: 
   42171.  The  board   Department of Toxic
Substances Control  shall evaluate the use of recycling residue
for use as solid waste landfill cover materials or for use as
extenders for currently used cover material. If used as daily cover
or as extenders to daily cover, recycling residues shall have all of
the physical characteristics required by regulations for cover
materials adopted pursuant to Section 43020. The results of this
evaluation shall be reported in the report required pursuant to
Section 40507. 
  SEC. 155.    Section 42172 of the Public Resources Code is
amended to read: 
   42172.  The  board   Department of Toxic
Substances Control  shall conduct its evaluation of recycling
residue in consultation with  the Department of Toxic
Substances Control,  the State Air Resources Board, the
state water board, and any other agency having pertinent
jurisdiction. Recycling residue used as daily cover or as extenders
in daily cover shall meet performance standards and requirements for
cover material as specified in the regulations adopted pursuant to
Section 43020. 
  SEC. 156.    Section 42240 of the Public Resources Code is
amended to read: 
   42240.  The Department of General Services and the  board
  Department of Conservation  , in consultation
with other affected state agencies, shall maintain specifications for
the purchase of compost by the State of California. The
specifications shall designate the state minimum operating standards
and product quality standards. The specifications shall be designed
to maximize the use of compost without jeopardizing the safety and
health of the citizens of the state or the environment. 
  SEC. 157.    Section 42241.5 of the Public Resources Code
is amended to read: 
   42241.5.  The  board   Department of
Conservation  may develop a program to increase the use of
compost products in agricultural applications. The program may
include, but shall not be limited to, the following:
   (a) Identification of federal, state, and local financial
assistance.
   (b) Cooperative efforts with appropriate federal and state
agencies. 
  SEC. 158.    Section 42244 of the Public Resources Code is
amended to read: 
   42244.  The  board   Department of
Conservation  shall evaluate compost, cocompost, and chemically
fixed sewage sludge for use as solid waste landfill cover materials
or for use as extenders for currently used cover material. Compost,
cocompost, and chemically fixed sewage sludge products, when used as
a substitute for or mixed with currently approved cover material,
shall possess all the physical characteristics required in the
definition of a cover material. 
  SEC. 159.    Section 42244.5 of the Public Resources Code
is amended to read: 
   42244.5.  On or before January 1, 1994, the  board
  Department of Conservation  shall evaluate rice
straw for use as a solid waste landfill cover material or for use as
an extender for currently used cover material. Rice straw or rice
straw materials, when used as a substitute for or mixed with
currently approved cover material, shall possess all the physical
characteristics required in the definition of a cover material. The
results of the evaluation shall be included in the report required
pursuant to Section 40507. 
  SEC. 160.    Section 42245 of the Public Resources Code is
amended to read: 
   42245.  On or after January 1, 1992, based on the results of the
evaluation conducted in accordance with Section 42244, the 
board   Department of Toxic Substances Control 
may, on a case-by-case basis, approve the use of compost, co-compost,
and chemically fixed sewage sludge, that meet the performance
standards for cover material, for up to 25 percent of landfill cover
materials or landfill cover extenders. 
  SEC. 161.    Section 42252 of the Public Resources Code is
amended to read: 
   42252.  An at-store recycling program provided by the operator of
a store shall include all of the following:
   (a) A plastic carryout bag provided by the store shall have
printed or displayed on the bag, in a manner visible to a consumer,
the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING."
   (b) A plastic carryout bag collection bin shall be placed at each
store and shall be visible, easily accessible to the consumer, and
clearly marked that the collection bin is available for the purpose
of collecting and recycling plastic carryout bags.
   (c) All plastic bags collected by the store shall be collected,
transported, and recycled in a manner that does not conflict with the
local jurisdiction's source reduction and recycling element,
pursuant to Chapter 2 (commencing with Section 41000) and Chapter 3
(commencing with Section 41300) of Part 2.
   (d) The store shall maintain records describing the collection,
transport, and recycling of plastic bags collected for a minimum of
three years and shall make the records available to the 
board   Department of Conservation  or the local
jurisdiction, upon request, to demonstrate compliance with this
chapter.
   (e) The operator of the store shall make reusable bags available
to customers within the store, which may be purchased and used in
lieu of using a plastic carryout bag or paper bag. This subdivision
is not applicable to a retail establishment specified pursuant to
subdivision (b) of Section 42251. 
  SEC. 162.    Section 42291 of the Public Resources Code is
amended to read: 
   42291.  (a) Until January 1, 1998, every manufacturer that
manufactures plastic trash bags of 0.75 mil or greater thickness for
sale in this state shall ensure that at least 30 percent of the
material used in those plastic trash bags is recycled plastic
postconsumer material.
   (b) (1) On and after January 1, 1998, the manufacturer's required
use of recycled plastic postconsumer material shall be determined
pursuant to paragraph (2). Compliance by a manufacturer with either
alternative shall be deemed to be compliance with this subdivision.
   (2) Every manufacturer of regulated bags shall do one of the
following:
   (A) Ensure that its plastic trash bags intended for sale in this
state contain a quantity of recycled plastic postconsumer material
equal to at least 10 percent of the weight of the regulated bags.
   (B) Ensure that at least 30 percent of the weight of the material
used in all of its plastic products intended for sale in this state
is recycled plastic postconsumer material.
   (3) Beginning March 1, 1999, and annually thereafter, every
manufacturer subject to this subdivision shall certify to the
 board   Department of Conservation  that
it has used the required amount of recycled plastic postconsumer
material annually in compliance with paragraph (2).
   (c) Any certification of postconsumer materials used for
compliance with this chapter shall not include any materials that are
certified or used for compliance with any other state or federal
requirement that requires the use or reporting of postconsumer
materials for any plastic products.
   (d) If any manufacturer subject to this section is unable to
obtain sufficient amounts of recycled plastic postconsumer material
to comply with this section within a reporting period because of
unavailability or because the available material did not meet
recycled plastic postconsumer material quality standards adopted by
the  board   Department of Conservation  ,
the manufacturer shall certify that fact to the  board
  Department of Conservation  . Each manufacturer
making that certification shall make a reasonable effort to identify
available supplies of material before submitting certification to the
 board   Department of Conservation  .
   (e) The Legislature hereby finds and declares that although the
changes made to this section by the act amending this section during
the 1998 portion of the 1997-98 Regular Session become effective
after January 1, 1998, it is the intent of the Legislature that the
new requirements specified in subdivision (b) be effective as of
January 1, 1998. The Legislature further finds that this change is
requested by the manufacturers subject to this section and that the
retroactive effect of these changes will not cause any hardship on
any manufacturer subject to this section, or cause any manufacturer
to be subject to regulatory action as a result of these changes, but
rather, would instead have the effect of preventing hardship to the
manufacturers regulated by this section. 
  SEC. 163.    Section 42291.5 of the Public Resources Code
is amended to read: 
   42291.5.  For each pound of recycled plastic postconsumer material
purchased from a source of recycled plastic postconsumer material in
this state for use in the manufacture of plastic trash bags, or
other products manufactured with recycled plastic postconsumer
material in compliance with this chapter, the  board
  Department of Conservation  shall credit the
manufacturer certifying pursuant to Section 42293 with having used
1.2 pounds of recycled plastic postconsumer material toward
compliance with the requirements of Section 42291. 
  SEC. 164.    Section 42292 of the Public Resources Code is
amended to read: 
   42292.  Each manufacturer shall obtain from its suppliers of
recycled plastic postconsumer material for use in the manufacture of
plastic trash bags, or other products manufactured with recycled
plastic postconsumer material in compliance with this chapter, a
statement identifying the quantity, source location, and proximate
prior usage of, and the actual postconsumer material content of, each
shipment of recycled plastic postconsumer material purchased by the
manufacturer, and any other information that the  board
  Department of Conservation  , may, by regulation,
require the manufacturer to obtain from its suppliers, for purposes
of inclusion in the annual report required by Section 42293. 
  SEC. 165.    Section 42293 of the Public Resources Code is
amended to read: 
   42293.  (a) On or before March 1, 1999, and annually thereafter,
each manufacturer subject to this chapter shall submit a report to
the  board  Department of Conservation 
certifying that it has complied with Section 42291 during the
preceding calendar year, certifying the name and physical location of
each of its suppliers of recycled plastic postconsumer material for
use in the manufacture of plastic trash bags, or other products
manufactured with recycled plastic postconsumer material in
compliance with this chapter, and containing the information obtained
pursuant to Section 42292 and any other information that the
 board   Department of Conservation  may
require by regulation. Any manufacturer that processes its own
recycled plastic postconsumer material shall certify to the 
board   Department of Conservation  that it is the
supplier of the material.
   (b) On or before October 1, 2001, the  board 
 Department of Conservation  shall survey manufacturers
subject to this section and, notwithstanding Section 7550.5 of the
Government Code, report back to the Legislature. The survey shall do
all of the following:
   (1) Identify the name and physical location of suppliers certified
by manufacturers pursuant to subdivision (a).
   (2) Identify the quantity of recycled plastic postconsumer
material provided by suppliers within the state and the quantity of
the material provided by suppliers outside the state.
   (3) Provide recommendations regarding recycled plastic
postconsumer material content requirements based on the availability
of that material.
   (4) Identify gauge thickness of all regulated bags.
   (5) Determine national production versus production of a separate
line for California. 
  SEC. 166.    Section 42294 of the Public Resources Code is
amended to read: 
   42294.  (a) Every wholesaler of plastic trash bags of 1.0 mil or
greater thickness sold in this state shall certify to the 
board   Department of Conservation  the name and
physical location of each manufacturer from whom it purchased plastic
trash bags for purposes of inclusion in the annual report required
by subdivision (c).
   (b) On and after January 1, 1995, every wholesaler of trash bags
of 0.75 mil or greater thickness sold in this state shall certify to
the  board   Department of Conservation 
the name and physical location of each manufacturer from whom it
purchased plastic trash bags for purposes of inclusion in the annual
report required by subdivision (c).
   (c) On or before March 1, 1994, and annually thereafter, each
wholesaler shall submit a report to the  board  
Department of Conservation  containing the certification
required by this section for
          the preceding calendar year, together with any other
information that the  board   Department of
Conservation  may require by regulation. 
  SEC. 167.    Section 42295 of the Public Resources Code is
amended to read: 
   42295.  Each supplier, manufacturer, and wholesaler required to
provide a certification or any information pursuant to this chapter
shall be subject to audit by the  board  
Department of Conservation  . 
  SEC. 168.    Section 42296 of the Public Resources Code is
amended to read: 
   42296.  (a) If any supplier provides a manufacturer with false or
misleading information, the board   Department
of Conservation  , within 30 days of determining that fact,
shall refer the false or misleading information to the Attorney
General for prosecution for fraud.
   (b) If any manufacturer or wholesaler provides the  board
  Department of Conservation  with a false or
misleading certification or other information, the  board
  Department of Conservation  , within 30 days of
determining that fact, shall refer the false or misleading
certification or information to the Attorney General for prosecution
for fraud. 
  SEC. 169.    Section 42297 of the Public Resources Code is
amended to read: 
   42297.  (a) The  board   Department of
Conservation  may adopt such regulations as it determines are
necessary to more specifically define terms for purposes of the
chapter and to otherwise implement this chapter.
   (b) Annually on or before July 1, the  board 
 Department of Conservation  shall publish a list of any
suppliers, manufacturers, or wholesalers who have failed to comply
with this chapter.
   (c) (1) Any supplier, manufacturer, or wholesaler, and any of its
divisions, subsidiaries, or successors, who fails to comply with this
chapter, shall be ineligible for the award of any state contract or
subcontract, or for the renewal, extension, or modification of an
existing contract or subcontract, until the  board 
 Department of Conservation  determines that it is in
compliance with this chapter.
   (2) No state agency shall solicit offers from, award contracts to,
or renew, extend, or modify a current contract or subcontract with,
any supplier, manufacturer, or wholesaler, or any of its divisions,
subsidiaries, or successors, who fails to comply with this chapter
until the  board   Department of Conservation
 determines that it is in compliance with this chapter. 
  SEC. 170.    Section 42301 of the Public Resources Code is
amended to read: 
   42301.  For purposes of this chapter, the following definitions
apply:
   (a) "Container manufacturer" means a company or a successor
company that sells any rigid plastic packaging container subject to
this chapter to a manufacturer that sells or offers for sale in this
state any product packaged in that container.
   (b) "Curbside collection program" means a recycling program that
collects materials set out by households for collection at the curb
at intervals not less than every two weeks. "Curbside collection
program" does not include redemption centers, buyback locations,
drop-off programs, material recovery facilities, or plastic recovery
facilities.
   (c) "Refillable package" means a rigid plastic packaging container
that the  board   Department of Conservation
 determines is routinely returned to and refilled by the product
manufacturer at least five times with the original product contained
by the package.
   (d) "Reusable package" means a rigid plastic packaging container
that the  board   Department of Conservation
 determines is routinely reused by consumers at least five times
to store the original product contained by the package.
   (e) "Manufacturer" means the producer or generator of a product
that is sold or offered for sale in the state and that is stored
inside of a rigid plastic packaging container.
   (f) "Rigid plastic packaging container" means any plastic package
having a relatively inflexible finite shape or form, with a minimum
capacity of eight fluid ounces or its equivalent volume and a maximum
capacity of five fluid gallons or its equivalent volume, that is
capable of maintaining its shape while holding other products,
including, but not limited to, bottles, cartons, and other
receptacles, for sale or distribution in the state.
   (g) "Postconsumer material" means a material that would otherwise
be destined for solid waste disposal, having completed its intended
end use and product lifecycle. Postconsumer material does not include
materials and byproducts generated from, and commonly reused within,
an original manufacturing and fabrication process.
   (h) "Recycled" means a product or material that has been reused in
the production of another product and has been diverted from
disposal in a landfill.
   (i) "Recycling rate" means the proportion, as measured by weight,
volume, or number, of a rigid plastic packaging container sold or
offered for sale in the state that is being recycled in a given
calendar year, that is one of the following:
   (1) A particular type of rigid plastic packaging container, such
as a milk jug, soft drink container, or detergent bottle.
   (2) A product-associated rigid plastic packaging container.
   (3) A single resin type, as specified in Section 18015, of rigid
plastic packaging container, notwithstanding the exemption of that
container from this chapter pursuant to subdivision (b), (c), or (d)
of Section 42340.
   (j) (1) "Source reduced container" means either of the following:
   (A) A rigid plastic packaging container for which the manufacturer
seeks compliance as of January 1, 1995, whose package weight per
unit or use of product has been reduced by 10 percent when compared
with the packaging used for that product by the manufacturer from
January 1, 1990, to December 31, 1994.
   (B) A rigid plastic container for which the manufacturer seeks
compliance after January 1, 1995, whose package weight per unit or
use of product has been reduced by 10 percent when compared with one
of the following:
   (i) The packaging used for the product by the manufacturer on
January 1, 1995.
   (ii) The packaging used for that product by the manufacturer over
the course of the first full year of commerce in this state.
   (iii) The packaging used in commerce that same year for similar
products whose containers have not been considered source reduced.
   (2) A rigid plastic packaging container is not a source reduced
container for the purposes of this chapter if the packaging reduction
was achieved by any of the following:
   (A) Substituting a different material type for a material that
previously constituted the principal material of the container.
   (B) Increasing a container's weight per unit or use of product
after January 1, 1991.
   (C) Packaging changes that adversely affect the potential for the
rigid plastic packaging container to be recycled or to be made of
postconsumer material.
   (k) "Product-associated rigid plastic packaging container" means a
brand-specific, rigid plastic packaging line that may have one or
more sizes, shapes, or designs and that is used in conjunction with a
particular generic product line.
   () "PETE" means polyethylene terephthalate as specified in
subdivision (a) of Section 18015.
   (m) "HDPE" means high-density polyethylene. 
  SEC. 171.    Section 42310 of the Public Resources Code is
amended to read: 
   42310.  Except as otherwise provided in this chapter, every rigid
plastic packaging container sold or offered for sale in this state
shall, on average, meet one of the following criteria:
   (a) Be made from 25 percent postconsumer material.
   (b) Have a recycling rate of 45 percent if it is a
product-associated rigid plastic packaging container or a single
resin type of rigid plastic packaging container, as demonstrated to
the  board   Department of Conservation  by
the product maker, container manufacturer, or other entity. The
 board   Department of Conservation  may
take appropriate action to verify the demonstration, but the 
board   Department of Conservation  is not
required to expend state funds to conduct a survey or calculate the
rate.
   (c) Be a reusable package or a refillable package.
   (d) Be a source reduced container.
   (e) Is a container containing floral preservative that is
subsequently reused by the floral industry for at least two years.

  SEC. 172.    Section 42310.1 of the Public Resources Code
is amended to read: 
   42310.1.  (a) Until January 1, 1997, the criteria specified in
Section 42310 shall not apply to any rigid plastic packaging
container that is manufactured for use with food or cosmetics, as
defined in subdivisions (f) and (i) of Section 321 of Title 21 of the
United States Code.
   (b) Notwithstanding subdivision (a), rigid plastic packaging
containers actually recycled shall be included in calculating the
recycling rate pursuant to subdivision (b) or (c) of Section 42310.
   (c) Every manufacturer of a product packaged in a rigid plastic
packaging container described in subdivision (a), which is not in
compliance with Section 42310, that is exempt from the criteria
specified in Section 42310 pursuant to subdivision (a), shall do both
of the following:
   (1) On or before December 1, 1995, the manufacturer shall submit a
report to the  board   Department of
Conservation  which demonstrates that the manufacturer is
taking, and will continue to take, all feasible actions consistent
with Section 42310 to ensure the reduction, recycling, or reuse of
the rigid plastic packaging containers described in subdivision (a)
and the development and expansion of markets for rigid plastic
packaging containers. Those actions may include, but are not limited
to, all of the following:
   (A) The use of postconsumer recycled plastic in rigid plastic
packaging containers sold in this state.
   (B) The use of postconsumer recycled plastic in other packaging
materials sold or manufactured in this state.
   (C) The use of postconsumer recycled plastic in other products
sold or manufactured in this state.
   (D) Arranging for the use of postconsumer recycled plastic
collected for recycling in this state in the manufacture of nonrigid
plastic packaging container products or packaging of another entity.
   (E) The procurement of products containing postconsumer recycled
plastic, including, but not limited to, trash bags, trash containers,
pallets, carpeting, slip sheets, and shrink wrap.
   (F) The demonstration of financial investment in recycled plastic
collecting, processing, and remanufacturing activities in the state.
   (2) On or before January 1, 1996, every manufacturer of rigid
plastic packaging containers shall, for any rigid plastic packaging
container that is exempt from, and not in compliance with, the
criteria specified in Section 42310 pursuant to subdivision (a),
diligently seek one or more "nonobjection letters" from the United
States Food and Drug Administration which will permit the
manufacturer of rigid plastic packaging containers to use recycled
plastic in the manufacture of the rigid plastic packaging containers
described in subdivision (a). 
  SEC. 173.    Section 42310.2 of the Public Resources Code
is amended to read: 
   42310.2.  (a) On or before July 1, 1994, as part of the
regulations required to be adopted pursuant to Section 42325, the
 board   Department of Conservation  shall
adopt regulations to carry out the requirements of paragraph (1) of
subdivision (c) of Section 42310.1. In adopting regulations pursuant
to this section, the  board   Department of
Conservation  shall make every effort to limit paperwork and
information to only those matters that are needed for the 
board   Department of Conservation  to determine if
manufacturers are taking all feasible actions to ensure the
reduction, recycling, or reuse of the rigid plastic packaging
containers described in subdivision (a) of Section 42310.1, and the
development and expansion of markets for rigid plastic packaging
containers.
   (b) On or before February 1, 1996, the  board 
 Department of Conservation  shall review, and approve or
disapprove, the reports required pursuant to paragraph (1) of
subdivision (c) of Section 42310.1. If a report is not submitted
pursuant to a schedule established by the  board 
 Department of Conservation  , or, if, based upon the
report, the  board   Department of Conservation
 determines that a manufacturer has not taken all feasible
actions to ensure the reduction, recycling, or reuse of the
containers and the development and expansion of markets for rigid
plastic packaging containers, the  board  
Department of Conservation  may take one of the following
actions, as selected by the manufacturer:
   (1) Require the manufacturer to take additional actions,
including, but not limited to, one or more of the measures described
in paragraph (1) of subdivision (c) of Section 42310.1, to ensure
that the manufacturer is taking, and will continue to take, all
feasible actions to ensure the reduction, recycling, or reuse of the
containers and the development and expansion of markets for rigid
plastic packaging containers.
   (2) Impose a civil penalty of up to one hundred thousand dollars
($100,000) pursuant to Section 42322. In imposing monetary penalties
pursuant to this paragraph, the  board  
Department of Conservation  shall take into consideration all of
the following factors:
   (A) The size and net worth of the manufacturer.
   (B) The impact of the violation on the overall objectives of this
chapter.
   (C) The severity of the violation. A penalty imposed pursuant to
this paragraph shall not be required to be paid by a manufacturer
before January 1, 1997.
   (c) If the  board   Department of
Conservation  determines that the conditions in paragraphs (1)
and (2) are met, the  board   Department of
Conservation  shall enter into a contract, or other legally
binding agreement, with one or more trade associations representing
manufacturers of resin, manufacturers of rigid plastic packaging
containers, or manufacturers of products packaged in rigid plastic
packaging containers subject to this section and Section 42310.1. The
agreement shall allow the trade association, in lieu of those
individual manufacturers in the trade association who elect to be a
party to the contract or agreement, to submit the report required
pursuant to paragraph (1) of subdivision (c) of Section 42310.1 and
to implement the actions identified in the report. The  board
  Department of Conservation  shall enter into the
agreement only if both of the following conditions exist:
   (1) The agreement ensures that the report will contain sufficient
information that otherwise would be required to be submitted by
individual manufacturers pursuant to Section 42310.1, and any other
information that is necessary and directly related to the 
board's   Department of Conservation's  ability to
comply with this section.
   (2) The agreement ensures that each manufacturer that elects to be
a party to the agreement and that is a member of the trade
association that submits the report shall be liable for the full
amount of any civil penalties that may be imposed or shall comply
with any requirement imposed by the  board  
Department of Conservation  pursuant to paragraph (1) of
subdivision (b), as selected by the manufacturer. A manufacturer
subject to this paragraph shall not be liable for a civil penalty
greater than one hundred thousand dollars ($100,000), regardless of
the number of trade associations of which the manufacturer is a
member.
   (d) Notwithstanding any other provision of this section, a trade
association representing resin manufacturers shall be responsible for
submitting an additional report as provided pursuant to paragraph
(1) of subdivision (c) of Section 42310.1. The resin manufacturer's
trade association is subject to the review, penalties, and sanctions
specified in paragraphs (1) and (2) of subdivision (b). No member of
the resin manufacturer's trade association is liable for penalties
and sanctions set forth in paragraph (1) or (2) of subdivision (b)
pursuant to this subdivision if that member would not otherwise be
subject to those penalties and sanctions.
   (e) For the purposes of subdivision (b) and paragraph (1) of
subdivision (c) of Section 42310.1, "feasible" means capable of being
accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and
technological factors.
   (f) For purposes of Section 42310.1 and this section regarding all
reporting, compliance, and penalty obligations, "manufacturer"
includes all subsidiaries and affiliates. 
  SEC. 174.    Section 42310.3 of the Public Resources Code
is amended to read: 
   42310.3.  (a) Notwithstanding Section 42310, a manufacturer is in
compliance with this chapter if the manufacturer demonstrates through
its own actions, or the actions of another company under the same
corporate ownership, that one of the following actions were taken
during the same period for which the manufacturer is subject to this
chapter, with regard to a rigid plastic packaging container that
stores the manufacturer's product that is sold or intended for sale
in this state:
   (1) The manufacturer, or another company under the same corporate
ownership, consumed postconsumer material generated in the state in
the manufacture of a rigid plastic packaging container subject to
Section 42310, or a rigid plastic packaging container or other
plastic products or plastic packaging not subject to that section,
and that is equivalent to, or exceeds the postconsumer material that
the rigid plastic packaging container is otherwise required to
contain, as specified in subdivision (a) of Section 42310.
   (2) The manufacturer, or any company under the same corporate
ownership, arranged by contractual agreement for the purchase and
consumption of postconsumer material generated in the state and
exported to another state for the manufacture of a rigid plastic
packaging container subject to Section 42310, or a rigid plastic
packaging container or other plastic products or plastic packaging
not subject to that section that is equivalent to, or exceeds the
postconsumer material that the rigid plastic packaging container is
otherwise required to contain, as specified in subdivision (a) of
Section 42310.
   (b) The  board   Department of Conservation
 shall determine the manner of demonstrating compliance with
this section. 
  SEC. 175.    Section 42320 of the Public Resources Code is
amended to read: 
   42320.  Any entity required to make a certification pursuant to
this chapter may be audited by the  board  
Department of Conservation  . 
  SEC. 176.    Section 42321 of the Public Resources Code is
amended to read: 
   42321.  If any entity provides the  board  
Department of Conservation  with a false or misleading
certificate pursuant to this chapter, the  board 
 Department of Conservation  , within 30 days of making this
determination, shall refer the provider of the false or misleading
certificate to the Attorney General for prosecution for fraud. 
  SEC. 177.    Section 42322 of the Public Resources Code is
amended to read: 
   42322.  (a) Any violation of this chapter is a public offense
punishable by a fine of not more than one hundred thousand dollars
($100,000).
   (b) In addition to the penalty specified under subdivision (a),
any violation of this chapter may be subject to a civil penalty
assessed by the  board   Department of
Conservation  of not more than fifty thousand dollars ($50,000)
for each violation, pursuant to a notice and hearing procedure that
conforms with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
   (c) The total annual fines or penalties assessed upon a violator
of this chapter shall not exceed one hundred thousand dollars
($100,000).
   (d) The  board   Department of Conservation
 shall annually publish a list by July 1 setting forth any fines
or penalties that have been levied against a violator of this
chapter in the preceding calendar year, for failure to comply with
the requirements of this chapter.
   (e) The  board   Department of Conservation
 shall deposit all penalties or fines paid pursuant to this
section into the Rigid Container Account, which is hereby created in
the Integrated Waste Management Fund in the State Treasury. The
moneys deposited in the Rigid Container Account shall be expended by
the  board   Department of Conservation  ,
upon appropriation by the Legislature, to assist local governmental
agencies to develop and implement collection and processing systems
for the recycling of materials that are subject to this chapter, for
the development of markets for these materials, and for the 
board's   Department of Conservation's  costs of
implementing this chapter. 
  SEC. 178.    Section 42323 of the Public Resources Code is
amended to read: 
   42323.  Proprietary information included in part of a report or
certificate submitted to the  board   Department
of Conservation  pursuant to this chapter shall not be made
available to the general public. 
  SEC. 179.    Section 42325 of the Public Resources Code is
amended to read: 
   42325.  The  board   Department of
Conservation  shall adopt regulations to implement this chapter.
These regulations shall include, but shall not be limited to, all of
the following:
   (a) Procedures for certifying compliance with Article 2
(commencing with Section 42310), including a requirement that product
manufacturers include in their specifications for rigid plastic
packaging containers a requirement that the packaging manufacturer
certify that the rigid plastic packaging containers comply with this
chapter.
   (b) Procedures for considering and granting waivers pursuant to
Article 4 (commencing with Section 42330). 
  SEC. 180.    Section 42326 of the Public Resources Code is
amended to read: 
   42326.  In developing the regulations required by Section 42325,
the  board   Department of Conservation 
shall consult with representatives of the manufacturers affected by
this chapter, with representatives of environmental organizations,
and other interested parties. 
  SEC. 181.    Section 42327 of the Public Resources Code is
amended to read: 
   42327.  The  board   Department of
Conservation  may expend funds from the Integrated Waste
Management Account to implement this chapter, upon appropriation by
the Legislature. 
  SEC. 182.    Section 42330 of the Public Resources Code is
amended to read: 
   42330.  (a) The  board   Department of
Conservation  shall grant a waiver from the postconsumer
material content requirement of subdivision (a) of Section 42310, but
not from any other requirement of Section 42310, if the 
board   Department of Conservation  finds one or
more of the following:
   (1) The rigid plastic packaging containers cannot meet the
postconsumer material requirements of subdivision (a) of Section
42310 and remain in compliance with applicable provisions of
regulations adopted by the Food and Drug Administration or other
state or federal laws or regulations.
   (2) It is technologically infeasible to use rigid plastic
packaging containers that achieve the postconsumer material
requirement of subdivision (a) of Section 42310.
   (b) The  board   Department of Conservation
 shall grant a waiver from all of the requirements of Section
42310 if the  board   Department of Conservation
 finds either of the following:
   (1) Less than 60 percent of the single-family homes in the state
on and after January 1, 1994, have curbside collection programs that
include beverage container recycling.
   (2) At least 50 percent, by number, of a manufacturer's rigid
plastic packaging containers sold or offered for sale in the state in
the current calendar year achieve the postconsumer material
requirements of subdivision (a) of Section 42310 and all of the
manufacturer's rigid plastic packaging containers will comply with
the requirements of Section 42310 on or before January 1, 1996.
   (c) The  board   Department of Conservation
 shall grant a one-year waiver from all of the requirements of
Section 42310 for products packaged in rigid plastic packaging
containers that are introduced and sold in this state after January
1, 1995. 
  SEC. 183.   Section 42356.1 of the Public Resources Code
is amended to read: 
   42356.1.  (a) If an ASTM standard specification specified in
paragraph (1) of subdivision (b) of Section 42356 is subsequently
revised, the  board   Department of Conservation
 shall review the new ASTM standard specification as follows:
   (1) If the  board   Department of
Conservation  determines that the new standard is more stringent
and more protective of the public health, safety, and the
environment, and is reflective of and consistent with state policies
and programs, the  board   Department of
Conservation  may adopt the new standard.
   (2) If the  board   Department of C 
 onservation  determines that the new standard is not as
stringent and does not protect the public health, safety, and the
environment, and is not reflective of and consistent with state
policies and programs, the  board   Department
of Conservation  shall not adopt the new standard.
   (b) If the ASTM, or any other entity, develops a new standard
specification or other applicable standard for any of the terms
prohibited under subdivision (a) of Section 42357, the  board
  Department of Conservation may review the new
standard and, if the  board   Department of
Conservation  determines that the new standard for the
prohibited term is more stringent and more protective of the public
health, safety, and the environment, and is reflective of and
consistent with state policies and programs, the  board
  Department of Conservation  may make a
recommendation to the Legislature.
   (c)  Compliance with a standard adopted pursuant to paragraph (1)
of subdivision (a) shall be deemed to be in compliance with this
chapter. 
  SEC. 184.    Section 42359.7 of the Public Resources Code
is amended to read: 
   42359.7.  (a) If an ASTM standard specification specified in
subdivision (b) of Section 42359.5 is subsequently revised, the
 board   Department of Conservation  shall
review the new ASTM standard specification as follows:
                    (1) If the  board  
Department of Conservation  determines that the new standard is
more stringent and more protective of the public health, safety, and
the environment, and is reflective of and consistent with state
policies and programs, the  board   Department
of Conservation  may adopt the new standard.
   (2) If the  board   Department of
Conservation  determines that the new standard is not as
stringent and does not protect the public health, safety, and the
environment, and is not reflective of and consistent with state
policies and programs, the  board   Department
of Conservation  shall not adopt the new standard.
   (b) If the ASTM, or any other entity, develops a new standard
specification, or another applicable standard, for any of the terms
prohibited under subdivision (a) of Section 42359.6, the 
board   Department of Conservation  may review the
new standard and, if the  board   Department of
Conservation  determines that the new standard for that
prohibited term is more stringent and more protective of the public
health, safety, and the environment, and is reflective of and
consistent with state policies and programs, the  board
  Department of Conservation  may make a
recommendation to the Legislature.
   (c) Compliance with a standard adopted pursuant to paragraph (1)
of subdivision (a) shall be deemed to be in compliance with this
chapter. 
  SEC. 185.    Section 42410 of the Public Resources Code is
amended to read: 
   42410.  The  board   Department of
Conservation  shall evaluate current state and federal quality
standards for retreaded tires and identify the obstacles for an
increased market for retreads. The results of this evaluation and the
activities that the  board   Department of
Conservation  will undertake to increase the use of retreaded
tires shall be included in the reporting requirements specified in
Section 42950. 
  SEC. 186.    Section 42411 of the Public Resources Code is
amended to read: 
   42411.  The Department of General Services and the  board
  Department of Conservation  , in consultation
with representatives of the California retreading industry, shall
adopt specifications for the purchase of retreaded tires by the State
of California. The specifications shall designate the state minimum
quality standards for retreaded tires. The specifications shall be
designed to maximize the use of retreads without jeopardizing the
safety of the occupants of the vehicle or the intended end use of the
tire. 
  SEC. 187.    Section 42414 of the Public Resources Code is
amended to read: 
   42414.  The number of retreaded tires purchased annually by the
Department of General Services during each fiscal year shall be
tabulated and forwarded to the  board  
Department of Conservation  by August 31 every year. 
  SEC. 188.    Section 42415 of the Public Resources Code is
amended to read: 
   42415.  The  board   Department of
Conservation  , in consultation with the Department of General
Services, shall perform a study to determine if the retreads,
procured by the Department of General Services, have met all quality
and performance criteria of a new tire. 
  SEC. 189.    Section 42416 of the Public Resources Code is
repealed.  
   42416.  On or before July 1, 1991, the board shall, in
consultation with the retreading industry, develop a procedure to
estimate the number of retreads sold in California. This information,
in addition to other facts compiled on the utilization of retread
tires, shall be used to evaluate the effectiveness of this program.
The results of that evaluation shall be included in the report
required pursuant to Section 40507.  
  SEC. 190.    Section 42441 of the Public Resources Code is
amended to read: 
   42441.  "Recycled lead-acid battery" means any lead-acid battery
which contains a minimum percentage of postconsumer recovered lead.
The required minimum percentage of postconsumer recovered lead shall
be determined by the  board   Department of
Toxic Substances Control  in consultation with the Market
Development Commission. 
  SEC. 191.    Section 42443 of the Public Resources Code is
amended to read: 
   42443.  The number of recycled lead-acid batteries purchased each
year by the Department of General Services shall be tabulated and
forwarded to the  board   Department of Toxic
Substances Control  on or before March 31 of each year. 
  SEC. 192.    Section 42450 of the Public Resources Code is
amended to read: 
   42450.  (a) The  board   Department of Toxic
Substances Control  may conduct a study on the disposal and
recyclability of household batteries, taking into account any studies
completed or underway elsewhere, including, but not limited to, any
studies by the Environmental Protection Agency. The  board
  Department of Conservation  may participate in
the study.
   (b) The study may include, but is not limited to, all of the
following:
   (1) The effect of used household batteries on solid waste
landfills and transformation facilities, including any threats to
human health or environment.
   (2) The recyclability of used household batteries, including, but
not limited to, the following topics:
   (A) Applicable recycling technologies and their effectiveness.
   (B) Collection systems.
   (C) Possible adverse effects on human health or the environment
resulting from exposure to household batteries at all stages of the
recycling process.
   (D) Costs and revenues associated with recycling, including
avoided disposal costs.
   (E) Development of markets for products derived from recycled
household batteries.
   (c) For the purposes of this section, "household batteries" means
batteries made of mercury, alkaline, carbon-zinc, nickel-cadmium, and
other batteries typically generated as household waste, including,
but not limited to, batteries used in hearing aids, cameras, watches,
computers, calculators, flashlights, lanterns, standby and emergency
lighting, portable radio and television sets, meters, toys, and
clocks, but excluding lead-acid batteries as defined in Section
42440. 
  SEC. 193.    Section 42461 of the Public Resources Code is
amended to read: 
   42461.  The Legislature finds and declares all of the following:
   (a) The purpose of this chapter is to enact a comprehensive and
innovative system for the reuse, recycling, and proper and legal
disposal of covered electronic devices, and to provide incentives to
design electronic devices that are less toxic, more recyclable, and
that use recycled materials.
   (b) It is the further purpose of this chapter to enact a law that
establishes a program that is cost free and convenient for consumers
and the public to return, recycle, and ensure the safe and
environmentally-sound disposal of covered electronic devices.
   (c) It is the intent of the Legislature that the cost associated
with the handling, recycling, and disposal of covered electronic
devices is the responsibility of the producers and consumers of
covered electronic devices, and not local government or their service
providers, state government, or taxpayers.
   (d) In order to reduce the likelihood of illegal disposal of these
hazardous materials, it is the intent of this chapter to ensure that
any cost associated with the proper management of covered electronic
devices be internalized by the producers and consumers of covered
electronic devices at or before the point of purchase, and not at the
point of discard.
   (e) Manufacturers of covered electronic devices, in working to
achieve the goals and objectives of this chapter, should have the
flexibility to partner with each other and with those public sector
entities and business enterprises that currently provide collection
and processing services to develop and promote a safe and effective
covered electronic device recycling system for California.
   (f) The producers of electronic products, components, and devices
should reduce and, to the extent feasible, ultimately phase out the
use of hazardous materials in those products.
   (g) Electronic products, components, and devices, to the greatest
extent feasible, should be designed for extended life, repair, and
reuse.
   (h) The purpose of the Hazardous Electronic Waste Recycling Act is
to provide sufficient funding for the safe, cost-free, and
convenient collection and recycling of 100 percent of the covered
electronic waste discarded or offered for recycling in the state, to
eliminate electronic waste stockpiles and legacy devices by December
31, 2007, to end the illegal disposal of covered electronic devices,
to establish manufacturer responsibility for reporting to the
 board   former California Integrated Waste
Management Board  on the manufacturer's efforts to phase out
hazardous materials in electronic devices and increase the use of
recycled materials, and to ensure that electronic devices sold in the
state do not violate the regulations adopted by the Department of
Toxic Substances Control pursuant to Section 25214.10 of the Health
and Safety Code.  On and after January 1, 2010, manufacturers
shall report the required information to the Department of Toxic
Substances Control.  
  SEC. 194.    Section 42463 of the Public Resources Code is
amended to read: 
   42463.  For the purposes of this chapter, the following terms have
the following meanings, unless the context clearly requires
otherwise:
   (a) "Account" means the Electronic Waste Recovery and Recycling
Account created in the Integrated Waste Management Fund under Section
42476.
   (b) "Authorized collector" means any of the following:
   (1) A city, county, or district that collects covered electronic
devices.
   (2) A person or entity that is required or authorized by a city,
county, or district to collect covered electronic devices pursuant to
the terms of a contract, license, permit, or other written
authorization.
   (3) A nonprofit organization that collects or accepts covered
electronic devices.
   (4) A manufacturer or agent of the manufacturer that collects,
consolidates, and transports covered electronic devices for recycling
from consumers, businesses, institutions, and other generators.
   (5) An entity that collects, handles, consolidates, and transports
covered electronic devices and has filed applicable notifications
with the department pursuant to Chapter 23 (commencing with Section
66273.1) of Division 4.5 of Title 22 of the California Code of
Regulations. 
   (c) "Board" means the California Integrated Waste Management
Board.  
   (d) 
    (c)  "Consumer" means a person who purchases a new or
refurbished covered electronic device in a transaction that is a
retail sale or in a transaction to which a use tax applies pursuant
to Part 1 (commencing with Section 6001) of Division 2 of the Revenue
and Taxation Code. 
   (e) 
    (d)  "Department" means the Department of Toxic
Substances Control. 
   (f) 
    (e)  (1) Except as provided in paragraph (2), "covered
electronic device" means a video display device containing a screen
greater than four inches, measured diagonally, that is identified in
the regulations adopted by the department pursuant to subdivision (b)
of Section 25214.10.1 of the Health and Safety Code.
   (2) "Covered electronic device" does not include any of the
following:
   (A) A video display device that is a part of a motor vehicle, as
defined in Section 415 of the Vehicle Code, or any component part of
a motor vehicle assembled by, or for, a vehicle manufacturer or
franchised dealer, including replacement parts for use in a motor
vehicle.
   (B) A video display device that is contained within, or a part of
a piece of industrial, commercial, or medical equipment, including
monitoring or control equipment.
   (C) A video display device that is contained within a clothes
washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room
air-conditioner, dehumidifier, or air purifier.
   (D) An electronic device, on and after the date that it ceases to
be a covered electronic device under subdivision (e) of Section
25214.10.1 of the Health and Safety Code. 
   (g) 
    (f)  "Covered electronic waste" or "covered e-waste"
means a covered electronic device that is discarded. 
   (h) 
    (g)  "Covered electronic waste recycling fee" or
"covered e-waste recycling fee" means the fee imposed pursuant to
Article 3 (commencing with Section 42464). 
   (i) 
    (h) "Covered electronic waste recycler" or "covered
e-waste recycler" means any of the following:
   (1) A person who engages in the manual or mechanical separation of
covered electronic devices to recover components and commodities
contained therein for the purpose of reuse or recycling.
   (2) A person who changes the physical or chemical composition of a
covered electronic device, in accordance with the requirements of
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code and the regulations adopted pursuant to that
chapter, by deconstructing, size reduction, crushing, cutting,
sawing, compacting, shredding, or refining for purposes of
segregating components, for purposes of recovering or recycling those
components, and who arranges for the transport of those components
to an end user.
   (3) A manufacturer who meets any conditions established by this
chapter and Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code for the collection or recycling of
covered electronic waste. 
   (j) 
    (i)  "Discarded" has the same meaning as defined in
subdivision (b) of Section 25124 of the Health and Safety Code.

   (k) 
    (j)  "Electronic waste recovery payment" means an amount
established and paid by the  board   Department
of Toxic Substances Control  pursuant to Section 42477.

   () 
    (k)  "Electronic waste recycling payment" means an
amount established and paid by the  board  
Department of Toxic Substances Control  pursuant to Section
42478. 
   (m) 
    (l)  "Hazardous material" has the same meaning as
defined in Section 25501 of the Health and Safety Code. 
   (n) 
    (m)  "Manufacturer" means either of the following:
   (1) A person who manufactures a covered electronic device sold in
this state.
   (2) A person who sells a covered electronic device in this state
under that person's brand name. 
   (o) 
    (n)  "Person" means an individual, trust firm, joint
stock company, business concern, and corporation, including, but not
limited to, a government corporation, partnership, limited liability
company, and association. Notwithstanding Section 40170, "person"
also includes a city, county, city and county, district, commission,
the state or a department, agency, or political subdivision thereof,
an interstate body, and the United States and its agencies and
instrumentalities to the extent permitted by law. 
   (p) 
    (o)  "Recycling" has the same meaning as defined in
subdivision (a) of Section 25121.1 of the Health and Safety Code.

   (q) 
    (p)  "Refurbished," when used to describe a covered
electronic device, means a device that the manufacturer has tested
and returned to a condition that meets factory specifications for the
device, has repackaged, and has labeled as refurbished. 
   (r) 
    (q)  "Retailer" means a person who makes a retail sale
of a new or refurbished covered electronic device. "Retailer"
includes a manufacturer of a covered electronic device who sells that
covered electronic device directly to a consumer through any means,
including, but not limited to, a transaction conducted through a
sales outlet, catalog, or the Internet, or any other similar
electronic means. 
   (s) 
    (r)  (1) "Retail sale" has the same meaning as defined
under Section 6007 of the Revenue and Taxation Code.
   (2) "Retail sale" does not include the sale of a covered
electronic device that is temporarily stored or used in California
for the sole purpose of preparing the covered electronic device for
use thereafter solely outside the state, and that is subsequently
transported outside the state and thereafter used solely outside the
state. 
   (t) 
    (s)  "Vendor" means a person that makes a sale of a
covered electronic device for the purpose of resale to a retailer who
is the lessor of the covered electronic device to a consumer under a
lease that is a continuing sale and purchase pursuant to Part 1
(commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code. 
   (u) 
    (t)  "Video display device" means an electronic device
with an output surface that displays, or is capable of displaying,
moving graphical images or a visual representation of image sequences
or pictures, showing a number of quickly changing images on a screen
in fast succession to create the illusion of motion, including, if
applicable, a device that is an integral part of the display, in that
it cannot be easily removed from the display by the consumer, that
produces the moving image on the screen. A video display device may
use, but is not limited to, a cathode ray tube (CRT), liquid crystal
display (LCD), gas plasma, digital light processing, or other image
projection technology. 
  SEC. 195.    Section 42464 of the Public Resources Code is
amended to read: 
   42464.  (a) On and after January 1, 2005, or as otherwise provided
by Section 25214.10.1 of the Health and Safety Code, a consumer
shall pay a covered electronic waste recycling fee upon the purchase
of a new or refurbished covered electronic device, in the following
amounts:
   (1) Six dollars ($6) for each covered electronic device with a
screen size of less than 15 inches measured diagonally.
   (2) Eight dollars ($8) for each covered electronic device with a
screen size greater than or equal to 15 inches but less than 35
inches measured diagonally.
   (3) Ten dollars ($10) for each covered electronic device with a
screen size greater than or equal to 35 inches measured diagonally.
   (b) Except as provided in subdivision (d), a retailer shall
collect from the consumer a covered electronic waste recycling fee at
the time of the retail sale of a covered electronic device.
   (c) (1) A retailer may retain 3 percent of the covered electronic
waste recycling fee as reimbursement for all costs associated with
the collection of the fee and shall transmit the remainder of the fee
to the state pursuant to Section 42464.4.
   (2) If a retailer makes an election pursuant to paragraph (2) of
subdivision (d), and the conditions of subparagraphs (A), (B), and
(C) of paragraph (2) of subdivision (d) are met, the vendor, in lieu
of the retailer, may retain 3 percent of the covered electronic waste
recycling fee as reimbursement for all costs associated with the
collection of the fee and the vendor shall transmit the remainder of
the fee to the state pursuant to Section 42464.4.
   (d) (1) If a retailer elects to pay the covered electronic waste
recycling fee on behalf of the consumer, the retailer shall provide
an express statement to that effect on the receipt given to the
consumer at the time of sale. If a retailer elects to pay the covered
electronic waste recycling fee on behalf of the consumer, the fee is
a debt owed by the retailer to the state, and the consumer is not
liable for the fee.
   (2) A retailer may elect to pay the covered electronic waste
recycling fee on behalf of the consumer by paying the covered
electronic waste recycling fee to the retailer's vendor, but only if
all of the following conditions are met:
   (A) The vendor is registered with the State Board of Equalization
to collect and remit the covered electronic waste recycling fee
pursuant to this chapter.
   (B) The vendor holds a valid seller's permit pursuant to Article 2
(commencing with Section 6066) of Chapter 2 of Part 1 of Division 2
of the Revenue and Taxation Code.
   (C) The retailer pays the covered electronic waste recycling fee
to the vendor that is separately stated on the vendor's invoice to
the retailer.
   (D) The retailer provides an express statement on the invoice,
contract, or other record documenting the sale that is given to the
consumer, that the covered electronic waste recycling fee has been
paid on behalf of the consumer.
   (3) For the purpose of making the election in paragraph (2), if
the conditions set forth in subparagraphs (A), (B), (C), and (D) of
paragraph (2), are met, the covered electronic waste recycling fee is
a debt owed by the vendor to the state, and the retailer is not
liable for the fee.
   (e) The retailer shall separately state the covered electronic
waste recycling fee on the receipt given to the consumer at the time
of sale.
   (f) On or before August 1, 2005, and, thereafter, no more
frequently than annually, and no less frequently than biennially,
 the board, in collaboration with  the department
 ,  shall review, at a public hearing, the covered
electronic waste recycling fee and shall make any adjustments to the
fee to ensure that there are sufficient revenues in the account to
fund the covered electronic waste recycling program established
pursuant to this chapter. Adjustments to the fee that are made on or
before August 1, shall apply to the calendar year beginning the
following January 1. The  board   department
 shall base an adjustment of the covered electronic waste
recycling fee on both of the following factors:
   (1) The sufficiency, and any surplus, of revenues in the account
to fund the collection, consolidation, and recycling of covered
electronic waste that is projected to be recycled in the state.
   (2) The sufficiency of revenues in the account for  the
board and  the department to administer, enforce, and
promote the program established pursuant to this chapter, plus a
prudent reserve not to exceed 5 percent of the amount in the account.

  SEC. 196.    Section 42465 of the Public Resources Code is
amended to read: 
   42465.  On and after the date specified in subdivision (a) of
Section 42464, a person shall not sell a new or refurbished covered
electronic device to a consumer in this state if the  board
or  department determines that the manufacturer of that
covered electronic device is not in compliance with this chapter or
as provided otherwise by Section 25214.10.1 of the Health and Safety
Code. 
  SEC. 197.    Section 42474 of the Public Resources Code is
amended to read: 
   42474.  (a) Civil liability in an amount of up to two thousand
five hundred dollars ($2,500) per offense may be administratively
imposed by the  board   department  for
each sale of a covered electronic device for which a covered
electronic waste recycling fee has not been paid pursuant to Section
42464.
   (b) A civil penalty in an amount of up to five thousand dollars
($5,000) per offense may be imposed by a superior court for each sale
of a covered electronic device for which a covered electronic waste
recycling fee has not been paid pursuant to Section 42464.
   (c) Civil liability in an amount of up to twenty-five thousand
dollars ($25,000) may be administratively imposed by the 
board   department  against manufacturers for
failure to comply with this chapter, except as otherwise provided in
subdivision (a). 
  SEC. 198.    Section 42475 of the Public Resources Code is
amended to read: 
   42475.  (a) The  board   department 
shall administer and enforce this chapter in consultation with the
department.
   (b) The  board and the  department may adopt
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code that are
necessary to implement this chapter, and any other regulations that
the  board and the  department determines are
necessary to implement the provisions of this chapter in a manner
that is enforceable.
   (c) The  board   department  shall adopt
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code that ensure
the protection of any proprietary information submitted to the
 board   department  by a manufacturer of
covered electronic devices.
   (d) The  board and the  department may prepare,
publish, or issue any materials that the  board or 
department determines to be necessary for the dissemination of
information concerning the activities of the  board or
 department under this chapter.
   (e) In carrying out this chapter, the  board and the
 department may solicit and use any and all expertise
available in other state agencies, including, but not limited to, the
department, the Department of Conservation, and the State Board of
Equalization. 
  SEC. 199.    Section 42475.2 of the Public Resources Code
is amended to read: 
   42475.2.  (a) The  board and the  department may
 each  adopt regulations to implement and enforce
this chapter as emergency regulations.
   (b) The emergency regulations adopted pursuant to this chapter
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and for the purposes of that chapter, including Section 11349.6
of the Government Code, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by the
 board or the  department pursuant to this section
shall be filed with, but not be repealed by, the Office of
Administrative Law and shall remain in effect for a period of two
years or until revised by the department  or the board
 , whichever occurs sooner. 
  SEC. 200.    Section 42475.4 of the Public Resources Code
is amended to read: 
   42475.4.  (a) The  board   depa  
rtment  shall annually establish, and update as necessary,
statewide recycling goals for covered electronic waste. In
implementing this section, the  board  
department  shall do all of the following:
   (1) Post on its  Internet  Web site information on the
amount of covered electronic devices sold in the state in the
previous year as reported to the  board  
department  .
   (2) Post on its  Internet  Web site information on the
amount of covered electronic waste recycled in the state in the
previous year as reported to the  board 
                              department  .
   (3) Develop and adopt recycling goals, with input from
manufacturers, retailers, covered electronic waste recyclers, and
collectors, that reflect projections of covered electronic device
sales, rates of obsolescence, and stockpiles.
   (b) Nothing in this section authorizes the  board
  department  to establish any recycling rates or
dates by which a manufacturer of covered electronic devices shall
comply with this chapter, or to impose any other recycling goal or
target on a manufacturer of those devices. 
  SEC. 201.    Section 42476 of the Public Resources Code is
amended to read: 
   42476.  (a) The Electronic Waste and Recovery and Recycling
Account is hereby established in the Integrated Waste Management
Fund. All fees collected pursuant to this chapter shall be deposited
in the account. Notwithstanding Section 13340 of the Government Code,
the funds in the account are hereby continuously appropriated,
without regard to fiscal year, for the following purposes:
   (1) To pay refunds of the covered electronic waste recycling fee
imposed under Section 42464.
   (2) To make electronic waste recovery payments to an authorized
collector of covered electronic waste pursuant to Section 42479.
   (3) To make electronic waste recycling payments to covered
electronic waste recyclers pursuant to Section 42479.
   (4) To make payments to manufacturers pursuant to subdivision (g).

   (b) (1) The money in the account may be expended for the following
purposes only upon appropriation by the Legislature in the annual
Budget Act:
   (A) For the administration of this chapter by the  board
and the  department.
   (B) To reimburse the State Board of Equalization for its
administrative costs of registering, collecting, making refunds, and
auditing retailers and consumers in connection with the covered
electronic waste recycling fee imposed under Section 42464.
   (C) To provide funding to the department to implement and enforce
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code, as that chapter relates to covered electronic
devices, and any regulations adopted by the department pursuant to
that chapter.
   (D) To establish the public information program specified in
subdivision (d).
   (2) Any fines or penalties collected pursuant to this chapter
shall be deposited in the Electronic Waste Penalty Subaccount, which
is hereby established in the account. The funds in the Electronic
Waste Penalty Subaccount may be expended by the  board or
 department only upon appropriation by the Legislature.
   (c) Notwithstanding Section 16475 of the Government Code, any
interest earned upon funds in the Electronic Waste Recovery and
Recycling Account shall be deposited in that account for expenditure
pursuant to this chapter.
   (d) Not more than 1 percent of the funds annually deposited in the
Electronic Waste Recovery and Recycling Account shall be expended
for the purposes of establishing the public information program to
educate the public in the hazards of improper covered electronic
device storage and disposal and on the opportunities to recycle
covered electronic devices.
   (e) The  board   department  shall adopt
regulations specifying cancellation methods for the recovery,
processing, or recycling of covered electronic waste.
   (f) The  board   department  may pay an
electronic waste recycling payment or electronic waste recovery
payment for covered electronic waste only if all of the following
conditions are met:
   (1) The covered electronic waste, including any residuals from the
processing of the waste, is handled in compliance with all
applicable statutes and regulations.
   (2) The manufacturer or the authorized collector or recycler of
the electronic waste provide a cost free and convenient opportunity
to recycle electronic waste, in accordance with the legislative
intent specified in subdivision (b) of Section 42461.
   (3) If the covered electronic waste is processed, the covered
electronic waste is processed in this state according to the
cancellation method authorized by the  board  
department  .
   (4) The  board   department  declares
that the state is a market participant in the business of the
recycling of covered electronic waste for all of the following
reasons:
   (A) The fee is collected from the state's consumers for covered
electronic devices sold for use in the state.
   (B) The purpose of the fee and subsequent payments is to prevent
damage to the public health and the environment from waste generated
in the state.
   (C) The recycling system funded by the fee ensures that
economically viable and sustainable markets are developed and
supported for recovered materials and components in order to conserve
resources and maximize business and employment opportunities within
the state.
   (g) (1) The  board   department  may
make a payment to a manufacturer that takes back a covered electronic
device from a consumer in this state for purposes of recycling the
device at a processing facility. The amount of the payment made by
the  board   department  shall equal the
value of the covered electronic waste recycling fee paid for that
device. To qualify for a payment pursuant to this subdivision, the
manufacturer shall demonstrate both of the following to the 
board   department  :
   (A) The covered electronic device for which payment is claimed was
used in this state.
   (B) The covered electronic waste for which a payment is claimed,
including any residuals from the processing of the waste, has been,
and will be, handled in compliance with all applicable statutes and
regulations.
   (2) A covered electronic device for which a payment is made under
this subdivision is not eligible for an electronic waste recovery
payment or an electronic waste recycling payment under Section 42479.

  SEC. 202.    Section 42477 of the Public Resources Code is
amended to read: 
   42477.  (a) On July 1, 2004, or as specified otherwise in Section
25214.10.1 of the Health and Safety Code, and on July 1 every two
years thereafter, the  board in collaboration with the
 department shall establish an electronic waste recovery
payment schedule for covered electronic wastes generated in this
state to cover the net cost for an authorized collector to operate a
free and convenient system for collecting, consolidating and
transporting covered electronic wastes generated in this state.
   (b) The  board   department  shall make
the electronic waste recovery payments either directly to an
authorized collector or to a covered electronic waste recycler for
payment to an authorized collector pursuant to this article. 
  SEC. 203.    Section 42478 of the Public Resources Code is
amended to read: 
   42478.  (a) Except as provided in subdivision (b), on July 1,
2004, or as specified otherwise in Section 25214.10.1 of the Health
and Safety Code, and on July 1 every two years thereafter, the
 board, in collaboration with the  department
 ,  shall establish a covered electronic waste
recycling payment schedule for covered electronic wastes generated in
this state to cover the average net cost for an electronic waste
recycler to receive, process, and recycle each major category, as
determined by the  board   department  , of
covered electronic waste received from an authorized collector. The
 board   department  shall make the
electronic waste recycling payments to a covered electronic waste
recycler pursuant to this article.
   (b) Until the  board   department 
adopts a new payment schedule that covers the average net cost for an
electronic waste recycler to receive, process, and recycle each
major category, as determined by the  board  
department  of covered electronic waste received from an
authorized collector, the amount of the covered electronic waste
recycling payment shall be equal to twenty-eight cents ($0.28) per
pound of the total weight of covered electronic waste received from
an authorized collector and subsequently processed for recycling.

  SEC. 204.    Section 42479 of the Public Resources Code is
amended to read: 
   42479.  (a) (1) For covered electronic waste collected for
recycling on and after January 1, 2005, the  board 
 department  shall make electronic waste recovery payments
and electronic waste recycling payments for the collection and
recycling of covered electronic waste to an authorized collector or
covered electronic waste recycler, respectively, upon receipt of a
completed and verified invoice submitted to the  board
  department  by the authorized collector or
recycler in the form and manner determined by the  board
  department  .
   (2) To the extent authorized pursuant to Section 42477, a covered
electronic waste recycler shall make the electronic waste recovery
payments to an authorized collector upon receipt of a completed and
verified invoice submitted to the recycler by the authorized
collector in the form and manner determined by the  board
  department  .
   (b) An e-waste recycler is eligible for a payment pursuant to this
section only if the e-waste recycler meets all of the following
requirements:
   (1) The e-waste recycler is in compliance with applicable
requirements of Article 6 (commencing with Section 66273.70) of
Chapter 23 of Division 4.5 of Title 22 of the California Code of
Regulations.
   (2) The e-waste recycler demonstrates to the  board
  department  that any facility utilized by the
e-waste recycler for the handling, processing, refurbishment, or
recycling of covered electronic devices meets all of the following
standards:
   (A) The facility has been inspected by the department within the
past 12 months and had been found to be operating in conformance with
all applicable laws, regulations, and ordinances.
   (B) The facility is accessible during normal business hours for
unannounced inspections by state or local agencies.
   (C) The facility has health and safety, employee training, and
environmental compliance plans and certifies compliance with the
plans.
   (D) The facility meets or exceed the standards specified in
Chapter 1 (commencing with Section 1171) of Part 4 of Division 2,
Division 4 (commencing with Section 3200), and Division 5 (commencing
with Section 6300), of the Labor Code or, if all or part of the work
is to be performed in another state, the equivalent requirements of
that state. 
  SEC. 205.    Section 42485 of the Public Resources Code is
amended to read: 
   42485.  Except as provided in subdivision (b) of Section 42486,
the  board and the  department shall not implement
this chapter if either of the following occur:
   (a) A federal law, or a combination of federal laws, takes effect
and does all of the following:
   (1) Establishes a program for the collection, recycling, and
proper disposal of covered electronic waste that is applicable to all
covered electronic devices sold in the United States.
   (2) Provides revenues to the state to support the collection,
recycling, and proper disposal of covered electronic waste, in an
amount that is equal to, or greater than, the revenues that would be
generated by the fee imposed under Section 42464.
   (3) Requires covered electronic device manufacturers, retailers,
handlers, processors, and recyclers to dispose of those devices in a
manner that is in compliance with all applicable federal, state, and
local laws, and prohibits the devices from being exported for
disposal in a manner that poses a significant risk to the public
health or the environment.
   (b) A trial court issues a judgment, which is not appealed, or an
appellate court issues an order affirming a judgment of a trial
court, holding that out-of-state manufacturers or retailers, or both,
may not be required to collect the fee authorized by this chapter.
The out-of-state manufacturers or retailers, or both, shall continue
to collect the fee during the appellate process. 
  SEC. 206.    Section 42500 of the Public Resources Code is
amended to read: 
   42500.  The  board   Department of
Conservation, in collaboration with the Department of Toxic
Substances Control,  shall provide periodic training to
enforcement agencies regarding changes in state or federal
regulations, new technologies affecting solid waste landfill
operations, and other matters which will enhance the enforcement
agencies' ability to carry out their enforcement responsibilities. In
providing that training, the  board  
Department of Conservation and the   Department of Toxic
Substances Control  shall pay particular attention to cities and
counties which meet the criteria specified in Section 41782. 
  SEC. 207.    Section 42501 of the Public Resources Code is
amended to read: 
   42501.  (a) The  board   Department of
Conservation, in collaboration with the Department of Toxic
Substances Control,  shall provide ongoing technical assistance
and guidance to enforcement agencies to assist in their
decisionmaking processes. This assistance shall include, but is not
limited to, providing all of the following:
   (1) Technical studies and reports.
   (2) Copies of innovative facility operation plans.
   (3) Investigative findings and analyses of new waste management
practices and procedures.
   (b) In providing that assistance, the  board 
 Department of Conservation  shall pay particular attention
to cities and counties which meet the criteria specified in Section
41782. 
  SEC. 208.    Section 42510 of the Public Resources Code is
amended to read: 
   42510.  It is the intent of the Legislature that actions taken by
the  board   Department of Conservation 
and cities and counties pursuant to this article serve in the best
interests of cities and counties by preserving existing disposal site
capacity and providing a source of revenue from the stabilization
and expansion of markets for processed wood waste materials. Except
as provided in Sections 41783, 41784, and 41785, any actions taken
pursuant to this article shall be separate from, and not be counted
toward, the diversion requirements established pursuant to paragraphs
(1) and (2) of subdivision (a) of Section 41780. 
  SEC. 209.    Section 42511 of the Public Resources Code is
amended to read: 
   42511.  The  board   Department of
Conservation, in consultation with the Department of Toxic Substances
Control,  shall assist cities and counties to divert nonyard
wood wastes which cannot otherwise feasibly be reduced, recycled, or
composted, for processing and utilization as a fuel resource,
provided that the facilities which use the nonyard wood waste as a
fuel resource have obtained any necessary permits which allow the use
of those materials as a fuel and to the extent the diversion is
consistent with the hierarchy set forth in Section 40051. 
  SEC. 210.    Section 42520 of the Public Resources Code is
amended to read: 
   42520.  The  board   Department of
Conservation  shall establish a Plastics Recycling Information
Clearinghouse. This clearinghouse shall provide information to
postconsumer plastics collectors, reprocessors, and recyclers about
programs collecting postconsumer plastics, availability of
postconsumer plastics, and recent advances in postconsumer plastics
recycling technology. 
  SEC. 211.    Section 42540 of the Public Resources Code is
amended to read: 
   42540.  The  board   Department of
Conservation, in consultation with the Department of Toxic Substances
Control,  shall provide technical assistance to counties and
cities to assist in development, revision, amendment, and
implementation of local city source reduction and recycling elements
and countywide integrated waste management plans. Assistance
rendered, at the discretion of the  board  
Department of Conservation  , includes, but is not limited to,
all of the following:
   (a) Developing regulations for the implementation of the city
source reduction and recycling elements and the countywide integrated
waste management plans.
   (b) Conducting waste characterization studies on a city, county,
district, regional, or statewide basis, or any combination thereof.
   (c) Developing annual baseline data for measurement of the
effectiveness of local plans in achieving statewide goals.
   (d) Conducting studies on issues or problems that impact the
ability of local government, the state, or business and industry in
achieving individual or collective goals for integrated waste
management.
   (e) Developing mechanisms to implement market development
recommendations recommended by the  board  
Department of Conservation  .
   (f) Providing technical and general information deemed appropriate
to assist state and local governments achieve the objectives of
integrated waste management elements and plans. 
  SEC. 212.    Section 42551 of the Public Resources Code is
amended to read: 
   42551.  The  board   Department of
Conservation  shall conduct a study of the feasibility of
requiring that all telephone directories issued or sold in this state
be made of materials that will allow for the maximum volume of
directories to be recycled. The  board  
Department of Conservation  shall consult with representatives
of telephone directory publishers, including the Yellow Pages
Publishers Association, as well as representatives of recycling
operators. The  board   Department of
Conservation  shall make use of public hearings and workshops as
a means of providing an opportunity for public comment. The 
board   Department of Conservation  may create an
advisory board consisting of members representing telephone directory
publishers, recycling operators, and other interested parties. 
  SEC. 213.    Section 42555 of the Public Resources Code is
amended to read: 
   42555.  If the  board   Department of
Conservation  determines that the policy goals established by
Section 42554 are not being met by January 1, 1995, the 
board   Department of Conservation  shall make
recommendations to the Legislature, on or before January 1, 1996, on
strategies for meeting the goals established in Section 42554. 
  SEC. 214.    Section 42556 of the Public Resources Code is
amended to read: 
   42556.  If the  board   Department of
Conservation  determines that the policy goals established by
Section 42554 are not being met by January 1, 1999, the 
board   Department of Conservation  shall make
recommendations to the Legislature, on or before January 1, 2000, on
strategies for meeting the goals established in Section 42554. 
  SEC. 215.    Section 42557 of the Public Resources Code is
amended to read: 
   42557.  On and after January 1, 1995, all telephone directories
distributed within the state shall be made from materials that will
allow for the maximum volume of directories to be recycled, as
determined by the  board   Department of
Conservation  . If reasonably feasible, it is the goal of this
state that existing waste paper recyclers make an effort to accept
telephone directories for recycling. 
  SEC. 216.    Section 42558 of the Public Resources Code is
amended to read: 
   42558.  For the purposes of implementing and enforcing this
chapter, the  board   Department of Conservation
 shall adopt general guidelines regarding the materials which
may be used in the production of telephone directories which can and
will be recycled. The guidelines shall be reviewed and promptly
updated, as necessary, in order to avoid delay in the introduction of
new materials or new recycling processes which will advance efforts
to recycle telephone directories. 
  SEC. 217.    Section 42561 of the Public Resources Code is
amended to read: 
   42561.  On or before January 1, 1991, the  board 
 Department of Conservation  shall initiate a high grade
white office paper recovery assistance program for state and local
agencies and private businesses. 
  SEC. 218.    Section 42562 of the Public Resources Code is
amended to read: 
   42562.  The high grade white office paper recovery assistance
program shall include the following elements:
   (a) Staff training materials designed to provide training to local
program coordinators and instruction to personnel of state and local
agencies and private businesses who would participate in high grade
white office paper recovery programs.
   (b) Public information materials designed to provide initial
program startup support and periodic reinforcement to high grade
white office paper recovery programs.
   (c) Desk top collection containers designed for use by personnel
within the office setting.
   (d) Metal collection bins that meet State Fire Marshal's standards
for overnight storage of flammable materials for use in intermediate
storage of recovered paper.
   (e) Staff assistance from the  board  
Department of Conservation  to identify markets for collected
materials, including model contracts for negotiation with local paper
brokers. 
  SEC. 219.    Section 42600 of the Public Resources Code is
amended to read: 
   42600.  The  board   Department of
Conservation  shall establish a statewide public information and
education program to encourage participation by the general public,
business, government, and industry in all phases of integrated waste
management. To the maximum extent possible, the public information
and education program developed pursuant to this chapter shall be
coordinated so as to not duplicate the efforts of other state agency
public information programs for the promotion of source reduction,
recycling, and composting. The public information and education
program shall encourage participation in the  board's
  Department of Conservation's  integrated waste
management programs and in local and regional programs. The 
board's   Department of Conservation's  program
shall, at a minimum, include strategies and specific campaign
activities to do all of the following:
   (a) Encourage business and industry to reduce excess packaging of
consumer products, to eliminate nonrecyclable contaminants from
consumer goods, and to increase product durability. The 
board   Department of Conservation  shall also
promote waste handling practices which reduce waste generation by
business and industry.
   (b) Encourage consumers to reduce waste generation through
selective purchasing and to encourage recycling at home and work.
   (c) Encourage local government procurement of products containing
recycled materials, integration of recycling into the community waste
management infrastructure, and public participation in local waste
management decisionmaking.
   (d) Implement a "Buy Recycled" campaign to encourage business,
industrial, and residential consumers to purchase products
manufactured with, or packaged in, recycled materials. To promote the
"Buy Recycled" program, the  board   Department
of Conservation  shall develop a directory of California
vendors providing recycled products and shall work to dispel myths
regarding the inferiority of recycled products.
   (e) Provide information to cities, counties, and regional agencies
on programs implemented by the  board  
Department of Conservation  pursuant to this section and
strategies that may be pursued jointly by the  board
  Department of Conservation  and cities, counties,
and regional agencies to maximize coordination between state and
local public information and education programs to reduce costs and
improve efficiencies of state and local governments.
   (f) Develop and disseminate to cities, counties, and regional
agencies model public information materials and programs that can be
used by those agencies in compliance with Sections 41220 and 41420.

  SEC. 220.    Section 42601 of the Public Resources Code is
amended to read: 
   42601.  The  board   Depart   ment
of Conservation  shall measure public information program
effectiveness through research which establishes program benchmarks
and tracks results. The results of that measurement shall serve as
the basis for program modification. 
  SEC. 221.    Section 42602 of the Public Resources Code is
amended to read: 
   42602.  The  board   Department of
Conservation  shall employ appropriate marketing techniques to
disseminate its message, including radio and television advertising.
The  board   Department of Conservation 
may conduct paid advertising campaigns or solicit joint sponsorship
of advertising campaigns by private industry for the purposes of
complying with this chapter. 
  SEC. 222.    Section 42605 of the Public Resources Code is
amended to read: 
   42605.  The State Department of Education shall encourage
participation in the integrated waste management education program
established pursuant to this chapter in cooperation with the 
California Integrated Waste Management Board  
Department of Conservation  to satisfy the teaching requirements
of the science framework adopted by the State Board of Education.

  SEC. 223.    Section 42621 of the Public Resources Code is
amended to read: 
   42621.  The  board   Department of
Conservation  shall develop and implement a source reduction and
recycling program for school districts which shall include, but not
be limited to, all of the following elements:
   (a) A survey of school districts throughout the state to determine
which districts already have source reduction and recycling programs
and which districts need those programs.
   (b) Development of a model waste reduction and recycling program
for school districts.
   (c) Providing training for school districts on how to implement
source reduction and recycling programs.
   (d) Providing ongoing technical and informational assistance for
school districts implementing source reduction and recycling
programs.
   (e) Establishment of a repository of literature and teaching
materials from other states and institutions which have instituted
source reduction and recycling programs for their waste stream.
   (f) Determining the types of equipment needed by school districts
to implement source reduction recycling programs.
   (g) Providing assistance to school districts in locating markets
for their reusable or recyclable materials.
   (h)  Disseminating information to school districts on office
equipment and other items which are made from recycled materials and
which are available for purchase by school districts. 

       SEC. 224.    Section 42635 of the Public Resources
Code is amended to read: 
   42635.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Environmentally preferable product" means a product that
promotes healthy indoor environments for children, and demonstrates
the use of the environmentally preferable materials and systems. When
compared to other similar products with similar functions an
environmentally preferable product has some, or all, of the following
characteristics relative to those similar products serving similar
functions:
   (1) Less hazardous to public health, safety, and the environment.
   (2) Consumes less energy in their manufacture or use.
   (3) Contains more, or any amount of, recycled or post-consumer
material content in their manufacture.
   (4) Results in less potential waste.
   (5) Results in less harm to indoor air quality.
   (6) Consumes less water.
   (7) Include features, or is manufactured from materials, that
promotes recycling or reuse of the product.
   (b) "Local agency" means a city that has prepared, adopted, and
submitted to the county a source reduction and recycling element
pursuant to Section 41000, and a county that has prepared and
submitted to the  board   Department of
Conservation  an integrated waste management plan pursuant to
Section 41570.
   (c) "Office" means a county office of education.
   (d) "School" or "schoolsite" means a public elementary or
secondary school.
   (e) "School district" has the same meaning as defined in Section
80 of the Education Code. 
  SEC. 225.    Section 42640 of the Public Resources Code is
amended to read: 
   42640.  (a) On or before July 1, 2002, after researching and
determining the best waste reduction practices for school districts
and schoolsites, the  board   Department of
Conservation  shall develop models and school waste reduction
tools, based upon the program developed pursuant to Section 42621,
that may be used by schools, school districts, offices, and local
agencies to implement waste reduction programs. The models and tools
may include, but not be limited to, all of the following:
   (1) Waste prevention, recycling, composting, procurement, and
green building elements that, when properly implemented, create
hands-on learning experiences for pupils and result in a greater
reduction in schoolsite and school district solid waste generation
than currently exists.
   (2) Model waste reduction programs that may be implemented by the
local agencies, schoolsites, and school districts.
   (3) Environmental, economic, and educational benefits of
implementing waste reduction programs.
   (b) The  board   Department of Conservation
 shall make the models and tools available and downloadable to
local agencies, schools, and school districts from the  board'
s   Department of Conservation's Internet  Web
site. 
  SEC. 226.    Section 42641 of the Public Resources Code is
amended to read: 
   42641.  The  board   Department of
Conservation  shall provide training and ongoing technical and
informational assistance to local agencies, offices, schools, and
school districts on implementing waste reduction programs. 
  SEC. 227.    Section 42642 of the Public Resources Code is
amended to read: 
   42642.  The Division of the State Architect, in consultation with
the  board   Department of Conservation  ,
shall develop and maintain on its  Internet  Web site, a
list of environmentally preferable products and a list of recycled
products that may be used in the construction and modernization of
school facilities. The  board   Department of
Conservation  shall provide notice to each school district of
the existence of these lists and their location on these 
Internet  Web sites. 
  SEC. 228.    Section 42645 of the Public Resources Code is
amended to read: 
   42645.  (a) The  board   Department of
Conservation  , in consultation with the State Department of
Education, the State Board of Education, and the Secretary for
Education, shall establish a program to provide grants to school
districts and schools to assist in the development and implementation
of educational programs and to promote the use of existing
educational programs to teach the concepts of source reduction,
recycling, and composting.
   (b) The  board   Department of Conservation
 , in consultation with the State Department of Education, the
State Board of Education, and the Secretary for Education, shall
adopt criteria for awarding grants pursuant to this article,
including, but not limited to, the grant's structure, the schedule
for awarding grants, and grant amount limits. This criteria shall
include, but not be limited to, a procedure for the geographic
distribution of the grants and the appropriate representation of
elementary, middle, and high school as grant recipients. In adopting
this criteria, the  board   Department of
Conservation  shall include, in the criteria, the extent to
which an office, a school district, or a school has demonstrated a
commitment to achieving the following goals:
   (1) The adoption of waste reduction and recycling programs and
practices.
   (2) The adoption and implementation of the unified education
strategy adopted pursuant to Part 4 (commencing with Section 71300)
of Division 34.
   (3) The allocation of adequate space for the safe collection,
storage, and loading of recyclable materials.
   (4) To the maximum extent feasible, the use of recycled materials
and environmentally preferable products in the construction or
modernization of public school facilities.
   (5) Participation in the environmental ambassador pilot program
established pursuant to Section 51226.4 of the Education Code.
   (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the adoption
of criteria for the awarding of grants pursuant to this article is
not the adoption of a regulation, and is exempt from the requirements
of that chapter. 
  SEC. 229.    Section 42646 of the Public Resources Code is
amended to read: 
   42646.  On or before January 1, 2004, the  board 
 Department of Conservation  shall evaluate the
implementation of school waste reduction and recycling programs in
the state's schools and if the  board  
Department of Conservation  determines less than 75 percent of
schools have implemented a waste reduction and recycling program, the
 board   Department of Conservation  shall
recommend to the Legislature those statutory changes needed to
require schools to implement such a program. 
  SEC. 230.    Section 42647 of the Public Resources Code is
amended to read: 
   42647.  The  board   Department of
Conservation  may enter into an interagency agreement with the
State Department of Education or other state agencies to implement
this chapter, Part 4 (commencing with Section 71300) of Division 34,
and  Sections   Section  33541  and
51226.4  of the Education Code. 
  SEC. 231.    Section 42648.1 of the Public Resources Code
is amended to read: 
   42648.1.  On or before April 1, 2005, the  board 
 Department of Conservation  shall take all of the
following actions:
   (a) Make available one or more model ordinances that are suitable
for modification by a local agency and that may be adopted by a local
agency to facilitate solid waste reduction, reuse, and recycling
programs, at large venues and large events in accordance with the
requirements of this chapter.
   (b) While developing the model ordinance, consult with
representatives of the League of California Cities, the California
State Association of Counties, recyclers, private and public solid
waste services and appropriate personnel involved with the operation
and management of large venues and large events.
   (c) Post information on the  board's  
Department of Conservation's  Internet Web site on the solid
waste reduction, reuse, and recycling programs for implementation by
operators of large venues and large events to decrease solid waste
and increase diversion of recyclable materials.
   (d) Post information on the  board's  
Department of Conservation's  Internet Web site for local
agencies, with examples of solid waste reduction, reuse, and
recycling programs, including, but not limited to, those operated by
community conservation corps. 
  SEC. 232.    Section 42648.2 of the Public Resources Code
is amended to read: 
   42648.2.  (a) (1) On and after July 1, 2005, when issuing a permit
to an operator of a large venue or large event, the local agency
shall provide information to the operator on programs that can be
implemented to reduce, reuse, and recycle solid waste materials
generated at the venue or event, and provide contact information
about where solid waste materials may be donated, recycled, or
composted. This information may include, but is not limited to,
providing information directing the operator of the large venue or
large event to the  board's   Department of
 Conservation's Internet  Web site or any other appropriate
Web site included by the local agency, direct mailings, brochures,
or other relevant literature.
   (2) On or before August 1, 2006, and annually thereafter until
August 1, 2008, each local agency shall provide the  board
  Department of Conservation  with an estimate and
description of the top 10 percent of large venues and large events
within its jurisdiction, based upon amount of solid waste generated,
as submitted by operators of large venues and large events pursuant
to Section 42648.3. To the extent that the information is readily
available to the local agency, the information shall include the
name, location, and a brief description of the venue or event, a
brief description of the types of wastes generated, types, and
estimated amount of materials disposed and diverted, by weight, and
existing solid waste reduction, reuse, and recycling programs that
the operator of the large venue or large event utilizes to reduce,
reuse, and recycle the solid waste. This information shall be
reported to the  board   Department of
Conservation  as a part of the local agency's annual report
submitted pursuant to Section 41821.
   (b) On or before December 1, 2008, the  board 
 Department of Conservation  shall evaluate the solid waste
reduction, reuse, and recycling rates and implementation of waste
reduction, reuse, and recycling plans in the top 10 percent of large
venues and large events as reported by each local agency pursuant to
paragraph (2) of subdivision (a). If the  board 
 Department of Conservation  , upon reviewing the
information reported to the  board   Department
of Conservation  by local agencies pursuant to paragraph (2) of
subdivision (a), determines that less than 75 percent of the solid
waste reduction, reuse, and recycling plans for the large venues and
large events have been prepared or implemented to meet their waste
reduction, reuse, and recycling rates developed pursuant to
subdivision (a) of Section 42648.4, according to the schedule
determined pursuant to subdivision (b) of Section 42468.4, the
 board   Department of Conservation  shall
recommend to the Legislature those statutory changes needed to
require operators of large venues and large events to implement waste
reduction, reuse, and recycling plans. 
  SEC. 233.    Section 42648.5 of the Public Resources Code
is amended to read: 
   42648.5.  The  board   Department of
Conservation  shall provide technical assistance and tools to
implement this chapter, to the extent feasible under existing
financial resources. This technical assistance may include, but is
not limited to, model documents, training, research on solid waste
management best practices, cost reduction, and innovative products to
assist local agencies and operators of large venues and large events
to develop and implement effective solid waste reduction, reuse, and
recycling plans and rates. 
  SEC. 234.    Section 42650 of the Public Resources Code is
amended to read: 
   42650.  The  board   Department of
Conservation  may establish a research and development program,
based on priorities that are consistent with Section 40051, and
designed to identify, develop, and refine processes and technologies
that will assist state and local governments and private industries
to implement innovative resource management and waste reduction
programs. The  board   Department of
Conservation  may conduct research and development programs,
upon appropriation therefor by the Legislature, that include, but are
not limited to, all of the following:
   (a) Establishing, in coordination with the Department of
Conservation, a recycling extension service within the  board
  Department of Conservation  to serve as a
central clearinghouse for recycling research information.
   (b) Establishing cooperative research and development facilities
at universities and colleges in the state.
   (c) Developing a research program to study the feasibility of
using disposal site mining technology to extend the life of existing
disposal sites, recover valuable resources, and to reuse the
reclaimed disposal site in an environmentally sound manner.
   (d) Establishing a research program to identify educational and
promotional methods that can effect environmentally positive changes
in human behavior.
   (e) Conducting studies into hazards posed by special wastes and by
ash and air emissions from the incineration of waste.
   (f) Conducting research to develop statistical tools to establish
computer-based data bases on waste characteristics, special waste
volumes, and county and regional waste capacities.
   (g) Analyzing disposal site encroachment problems and assisting
local agencies in the development of effective public policy tools to
discourage disposal site encroachment. 
  SEC. 235.    Section 42651 of the Public Resources Code is
amended to read: 
   42651.  In determining the types of research and development which
may be undertaken pursuant to Section 42650, the board
  Department of Conservation  shall prioritize the
allocation of funds for processes and technologies based upon the
hierarchy established under Section 40051. 
  SEC. 236.    Section 42700 of the Public Resources Code is
amended to read: 
   42700.  The Director of Transportation, upon consultation with the
 board   Department of Conservation  ,
shall review and modify all bid specifications relating to the
purchase of paving materials, and base, subbase, and pervious
backfill materials, using recycled materials. The recycled materials
shall include, but are not limited to, recycled asphalt pavement,
crushed concrete subbase, foundry slag, asphalt flux produced from
the reprocessing or re-refining of used oil, and paving materials
utilizing recycled materials, including, but not limited to, crumb
rubber from automobile tires, ash, and glass and glassy aggregates.
The specifications shall be based on standards developed by the
Department of Transportation for recycled paving materials and for
recycled base, subbase, and pervious backfill materials. The
standards and specifications shall provide for the use of recycled
materials and shall not reduce the quality standards for highway and
road construction. 
  SEC. 237.    Section 42703 of the Public Resources Code is
amended to read: 
   42703.  (a) Except as provided in subdivision (d), the Department
of Transportation shall require the use of crumb rubber in lieu of
other materials at the following levels for state highway
construction or repair projects that use asphalt as a construction
material:
   (1) On and after January 1, 2007, the Department of Transportation
shall use, on an annual average, not less than 6.62 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
   (2) On and after January 1, 2010, the Department of Transportation
shall use, on an annual average, not less than 8.27 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
   (3) On and after January 1, 2013, the Department of Transportation
shall use, on an annual average, not less than 11.58 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
   (b) (1) The annual average use of crumb rubber required in
subdivision (a) shall be achieved on a statewide basis and shall not
require the use of asphalt containing crumb rubber in each individual
project or in a place where it is not feasible to use that material.

   (2) On and after January 1, 2007, and before January 1, 2015, not
less than 50 percent of the asphalt pavement used to comply with the
requirements of subdivision (a) shall be rubberized asphalt concrete.

   (3) On and after January 1, 2015, the Department of Transportation
may use any material meeting the definition of asphalt containing
crumb rubber, with respect to product type or specification, to
comply with the requirements of subdivision (a).
   (c) (1) The Secretary of Business, Transportation and Housing
shall, on or before January 1, 2009, and on or before January 1
annually thereafter, prepare an analysis comparing the cost
differential between asphalt containing crumb rubber and conventional
asphalt. The analysis shall include the cost of the quantity of
asphalt product needed per lane mile paved and, at a minimum, shall
include all of the following:
   (A) The lifespan and duration of the asphalt materials.
   (B) The maintenance cost of the asphalt materials and other
potential cost savings to the department, including, but not limited
to, reduced soundwall construction costs resulting from noise
reduction qualities of rubberized asphalt concrete.
   (C) The difference between each type or specification of asphalt
containing crumb rubber, considering the cost-effectiveness of each
type or specification separately in comparison to the
cost-effectiveness of conventional asphalt paving materials.
   (2) Notwithstanding subdivision (a), if, after completing the
analysis required by paragraph (1), the secretary determines that the
cost of asphalt containing crumb rubber exceeds the cost of
conventional asphalt, the Department of Transportation shall continue
to meet the requirement specified in paragraph (1) of subdivision
(a), and shall not implement the requirement specified in paragraph
(2) of subdivision (a). If the secretary determines, pursuant to an
analysis prepared pursuant to paragraph (1), that the cost of asphalt
containing crumb rubber does not exceed the cost of conventional
asphalt, the Department of Transportation shall implement paragraph
(2) of subdivision (a) within one year of that determination, but not
before January 1, 2010.
   (3) Notwithstanding subdivision (a), if the Department of
Transportation delays the implementation of paragraph (2) of
subdivision (a), the Department of Transportation shall not implement
the requirement of paragraph (3) of subdivision (a) until three
years after the date the department implements paragraph (2) of
subdivision (a).
   (d) For the purposes of complying with the requirements of
subdivision (a), only crumb rubber manufactured in the United States
that is derived from waste tires taken from vehicles owned and
operated in the United States may be used.
   (e) The Department of Transportation and the  board
  Department of Conservation  shall develop
procedures for using crumb rubber and other derived tire products in
other projects.
   (f) The Department of Transportation shall notify and confer with
the East Bay Municipal Utility District before using asphalt
containing crumb rubber on a state highway construction or repair
project that overlays district infrastructure.
   (g) For purposes of this section the following definitions shall
apply:
   (1) "Asphalt containing crumb rubber" means any asphalt pavement
construction, rehabilitation, or maintenance material that contains
reclaimed tire rubber and that is specified for use by the Department
of Transportation.
   (2) "Crumb rubber" or "CRM" has the same meaning as defined in
Section 42801.7.
   (3) "Rubberized asphalt concrete" or "RAC" means a paving material
that uses an asphalt rubber binder containing an amount of reclaimed
tire rubber that is 15 percent or more by weight of the total blend,
and that meets other specifications for both the physical properties
of asphalt rubber and the application of asphalt rubber, as defined
in the American Society for Testing and Materials (ASTM) Standard
Specification for Asphalt-Rubber Binder. 
  SEC. 238.    Section 42760 of the Public Resources Code is
amended to read: 
   42760.  On and after January 1, 1991, every consumer of newsprint
in California shall ensure that at least 25 percent of all newsprint
used by that consumer of newsprint is made from recycled-content
newsprint, if recycled-content newsprint is available at a price
comparable to that of newsprint made from virgin material, if the
recycled-content newsprint meets the quality standards established by
the  board   Department of Conservation 
pursuant to Section 42775, and if the recycled-content newsprint is
available within a reasonable period of time. 
  SEC. 239.    Section 42770 of the Public Resources Code is
amended to read: 
   42770.  Each consumer of newsprint within the State of California
shall, on or before March 1 of each year, certify to the 
board   Department of Conservation  the number of
tons of newsprint used during the preceding calendar year and the
number of tons of recycled-content newsprint used during the
preceding calendar year. 
  SEC. 240.    Section 42773 of the Public Resources Code is
amended to read: 
   42773.  If a consumer of newsprint is unable to obtain sufficient
amounts of recycled-content newsprint within any reporting period
because recycled-content newsprint was not available at a comparable
price to that for virgin material, failed to meet the quality
standards established pursuant to Section 42775, or was not available
within a reasonable period of time, the consumer of newsprint shall
so certify to the  board   Department of
Conservation  and shall provide the  board 
 Department of Conservation  with the specific reason for
failing to use recycled-content newsprint. In order to make that
certification in good faith, the newsprint consumer shall have
contacted, for the purpose of obtaining recycled-content newsprint,
every producer of recycled-content newsprint that offered to sell
recycled-content newsprint to the consumer of newsprint within the
last 12 months. The name of each person contacted, the corporate
name, if any, and address and telephone number shall accompany each
filing with the  board   Department of
Conservation  . 
  SEC. 241.    Section 42774 of the Public Resources Code is
amended to read: 
   42774.  For the purposes of implementing and enforcing this
chapter, the  board   Department of Conservation
 shall develop and maintain a list which identifies every
consumer of newsprint, as defined in Section 42750, and every person
who supplies a consumer of newsprint with newsprint, in the state.
The  board   Department of Conservation 
may use information from local business permits, trade publications,
or any other relevant information to develop the list. 
  SEC. 242.    Section 42775 of the Public Resources Code is
amended to read: 
   42775.  (a) For the purposes of implementing and enforcing this
chapter, the  board   Department of Conservation
 shall set newsprint comparable quality standards for each of
the grades of newsprint specified in Section 42753 to determine the
comparable quality of recycled-content newsprint to virgin material.
These standards shall be based on the average numerical standards of
printing opacity, brightness level, and cross machine tear strength
available from all producers selling recycled-content newsprint in
the state in quantities of at least 5,000 metric tons per year. The
 board   Department of Conservation  shall
set standards which deviate from this average by not more than 5
percent.
   (b) The  board   Department of Conservation
 shall review its standards at least once every two years and
determine whether they should be adjusted to reflect changes in
industry standards and practices, and, if so, the  board
  Department of Conservation  shall set new
standards according to the criteria in subdivision (a). 
  SEC. 243.    Section 42780 of the Public Resources Code is
amended to read: 
   42780.  If any person provides a consumer of newsprint with a
false or misleading certificate concerning the recycled content of
the delivered newsprint pursuant to Section 42772, the  board
  Department of Conservation  , within 30 days of
making this determination, shall refer the false or misleading
certificate to the Attorney General for prosecution for fraud. 
  SEC. 244.    Section 42781 of the Public Resources Code is
amended to read: 
   42781.  If any consumer of newsprint provides the  board
  Department of Conservation  with a false or
misleading certificate concerning the percentage of recycled-content
newsprint used pursuant to Section 42770, the  board
  Department of Conservation  within 30 days of
making this determination, shall refer the false or misleading
certificate to the Attorney General for prosecution for fraud. 
  SEC. 245.    Section 42782 of the Public Resources Code is
amended to read: 
   42782.  If any consumer of newsprint provides the  board
  Department of Conservation  with a false or
misleading certificate concerning why the consumer of newsprint was
unable to obtain the minimum amounts of recycled-content newsprint
pursuant to Section 42773, the  board  
Department of Conservation  , within 30 days of making this
determination, shall refer the false or misleading certificate to the
Attorney General for prosecution for fraud. 
  SEC. 246.    Section 42783 of the Public Resources Code is
amended to read: 
   42783.  Specific information on newsprint prices included as part
of a certificate submitted to the  board  
Department of Conservation  by newsprint consumers or suppliers
of newsprint is propriety information and shall not be made available
to the general public. 
  SEC. 247.    Section 42791 of the Public Resources Code is
amended to read: 
   42791.  In addition to Section 42790, any person who violates
Article 3 (commencing with Section 42770) may be assessed a civil
penalty by                                            the 
board   Department of Conservation  of not more
than one thousand dollars ($1,000) for each violation, pursuant to
notice and hearing. Any civil penalties received pursuant to this
subdivision shall be deposited in a separate account in the fund and,
upon appropriation by the Legislature, shall be used by the
board   Department of   Conservation  for
the administration of this division. 
  SEC. 248.    Section 42811 of the Public Resources Code is
amended to read: 
   42811.  The  board   Department of Toxic
Substances Control  may delegate specific powers and authority
in this chapter to enforcement agencies, as defined in Section 40130,
including any of the following:
   (a) Review of operation plans submitted pursuant to regulations
adopted under subdivision (a) of Section 42821.
   (b) Inspection of permitted facilities.
   (c) Enforcement of waste tire facility permits. 
  SEC. 249.    Section 42812 of the Public Resources Code is
amended to read: 
   42812.  Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to the issuance of a permit for the
operation of an existing waste tire facility pursuant to this
chapter, except as to any substantial change in the design or
operation of the waste tire facility made between the time this
chapter becomes effective and the permit is initially issued by the
 board   Department of Toxic Substances Control
 and as to any subsequent substantial changes made in the design
or operation of the waste tire facility. 
  SEC. 250.    Section 42820 of the Public Resources Code is
amended to read: 
   42820.  (a) The  board   Department of Toxic
Substances Control  , in consultation with the Office of
Environmental Health Hazard Assessment, shall adopt regulations
setting forth the procedures and requirements necessary to obtain a
major waste tire facility permit. The regulations adopted pursuant to
this subdivision shall not be limited to, but shall include by
reference, the regulations adopted by the State Fire Marshal pursuant
to subdivision (b).
   (b) The State Fire Marshal, in consultation with the 
board   Department of Toxic Substances Control  ,
shall adopt fire prevention regulations for a major waste tire
facility.
   (c) Regulations adopted pursuant to subdivision (a) shall not
require the issuance of a separate permit to a solid waste disposal
facility that is permitted pursuant to Chapter 3 (commencing with
Section  44001)   44000.5)  of Part 4. 

  SEC. 251.    Section 42821 of the Public Resources Code is
amended to read: 
   42821.  The regulations for a major waste tire facility permit
shall include, but not be limited to, all of the following:
   (a) Requirements for submission of a detailed operations plan that
contains the following components:
   (1) Fire prevention measures consistent with applicable
regulations adopted by the State Fire Marshal pursuant to subdivision
(b) of Section 42820.
   (2) Fencing and other security measures.
   (3) Vector control measures.
   (4) Limits on the size and height of tire piles.
   (5) A closure plan.
   (b) Requirements for submission of a detailed plan and
implementation schedule for the elimination or substantial reduction
of existing tire piles using any of the following methods or
techniques:
   (1) Polymer treatment.
   (2) Rubber reclaiming and crumb rubber production.
   (3) Pyrolysis.
   (4) Production of supplemental fuels for cement kilns, lumber
operations, or other industrial processes.
   (5) Tire shredding and transportation to an authorized solid waste
landfill.
   (6) Energy recovery through incineration of whole or shredded
tires in accordance with the terms and conditions of a permit issued
by an air pollution control district or air quality management
district.
   (7) Other applications determined to be appropriate by the
 board   Department of Toxic Substances Control
 .
   (c) Requirements for the submission of evidence of financial
assurances secured by the operator of the facility that are adequate
to cover damage claims arising out of the operation of the facility
and that are adequate to cover the cost of closure if that becomes
necessary. The financial assurance shall be a trust fund, surety
bond, letter of credit, insurance, or other equivalent financial
arrangement acceptable to the  board  
Department of Toxic Substances Control  . 
  SEC. 252.    Section 42822 of the Public Resources Code is
amended to read: 
   42822.  The  board   Department of Toxic
Substances Control  shall issue major waste tire facility
permits pursuant to the regulations upon application therefor. 
  SEC. 253.    Section 42823 of the Public Resources Code is
amended to read: 
   42823.  Except as provided in Section 42823.5, no person shall
establish a new major waste tire facility or expand an existing minor
waste tire facility unless the person has obtained a major waste
tire facility permit issued by the  board  
Department of Toxic Substances Control  pursuant to Section
42822. 
  SEC. 254.    Section 42823.5 of the Public Resources Code
is amended to read: 
   42823.5.  (a) A cement manufacturing plant shall be exempt from
the requirement to obtain a permit pursuant to Section 42823 if the
operator of the cement manufacturing plant meets both of the
following requirements:
   (1) The owner or operator of the cement manufacturing plant stores
not more than a one-month supply of waste tires at the site of the
cement manufacturing plant at any time. A one-month supply of waste
tires shall be based on either of the following:
   (A) The average monthly consumption of waste tires by the plant
during the previous year.
   (B) The waste tire percentage of the total fuel supply allowed by
the air pollution control district or air quality management
district, multiplied by the average monthly consumption of fuel for
the previous year.
   (2) The operator or owner of the cement manufacturing plant is in
compliance with any regulations adopted by the  board
  Department of Toxic Substances Control 
pertaining to waste tire storage and disposal.
   (b) To apply for the exemption provided by this section, the
operator or owner of a cement manufacturing plant shall provide all
of the following information to the  board  
Department of Toxic Substances Control  in writing:
   (1) The name, address, and physical location of the plant.
   (2) The name, address, and telephone number of the plant operator
and owner.
   (3) Information describing compliance with subdivision (a).
   (4) Signatures of the operator and owner of the plant certifying
to the accuracy of the information provided.
   (c) If there is any change to the information provided pursuant to
subdivision (b), the operator or owner of the cement manufacturing
plant shall report the change to the  board  
Department of Toxic Substances Control  , in writing, within 30
days from the date of the change.
   (d) Within 60 days from the date of the receipt of the information
required by subdivision (b), the  board  
Department of Toxic Substances Control  shall determine whether
the operator or owner of a cement manufacturing plant qualifies for
the exemption provided by this section and shall notify the operator
or owner of the plant of its determination in writing.
   (e) The  board   Department of Toxic
Substances Control  or the local enforcement agency may inspect
a cement manufacturing plant that receives the exemption provided by
this section to determine compliance with this section.
   (f) Any operator or owner of a cement manufacturing plant who
receives an exemption pursuant to this section shall allow the
 board   Department of Toxic Substances Control
 , upon presentation of the proper credentials, to enter the
cement manufacturing plant during normal working hours to examine and
copy books, papers, records, or memoranda pertaining to the use and
storage of waste tires, and to conduct inspections and investigations
pertaining to waste tire use and storage. 
  SEC. 255.    Section 42825 of the Public Resources Code is
amended to read: 
   42825.  (a) Any person who accepts waste tires at a major waste
tire facility that has not been issued a permit or an authorization
to operate from the  board   Department of Toxic
Substances Control  , or who knowingly directs, transports, or
abandons waste tires to or at a major waste tire facility that has
not been issued a permit or an authorization to operate from the
 board  Department of Toxic Substances Control
 shall, upon conviction, be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
   (b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues. In any case where a person
has accepted waste tires at a major waste tire facility, or knowingly
directed or transported waste tires to a major waste tire facility,
that has not been issued a permit, in violation of subdivision (a),
each day that the waste tires remain at the facility and the person
has knowledge thereof is a separate additional violation, unless the
person has filed a report with the  board  
Department of Toxic Substances Control  disclosing the violation
and is in compliance with any order regarding the waste tires issued
by the  board   Department of Toxic Substances
Control  , a hearing officer, or a court of competent
jurisdiction. 
  SEC. 256.   Section 42830 of the Public Resources Code is
amended to read: 
   42830.  (a) On or before December 1, 1991, the  board
  Department of Toxic Substances Control  , in
consultation with the State Fire Marshal and the State Department of
Health Services, shall adopt emergency regulations setting forth the
procedures and requirements necessary to obtain a minor waste tire
facility permit.
   (b) Regulations adopted pursuant to subdivision (a) shall not
require the issuance of a separate permit to a solid waste disposal
facility which is permitted pursuant to Chapter 3 (commencing with
Section  44001)   44000.5)  of Part 4. 

  SEC. 257.    Section 42831 of the Public Resources Code is
amended to read: 
   42831.  The  board   Department of Toxic
Substances Control  may exempt either of the following from the
permit requirements of this article:
   (a) An owner or operator of a tire retreading business for the
business site if not more than 3,000 waste tires are kept on the
business premises.
   (b) A person using waste tires for agricultural purposes if the
waste tires are kept on the site of use. 
  SEC. 258.    Section 42832 of the Public Resources Code is
amended to read: 
   42832.  The regulations for minor waste tire facility permits
shall include, but not be limited to, all of the following:
   (a) Fire prevention measures.
   (b) Vector control measures.
   (c) Other measures determined by the  board  
Department of Toxic Substances Control  to be necessary to
protect the public health and safety. 
  SEC. 259.    Section 42833 of the Public Resources Code is
amended to read: 
   42833.  The  board   Department of Toxic
Substances Control  shall issue minor waste tire facility
permits pursuant to the regulations upon application therefor. 
  SEC. 260.    Section 42835 of the Public Resources Code is
amended to read: 
   42835.  (a) Any person who accepts waste tires at a minor waste
tire facility that has not been issued a permit or an authorization
to operate from the  board   Department of Toxic
Substances Control  , or who knowingly directs, transports, or
abandons waste tires to or at a minor waste tire facility that has
not been issued a permit or an authorization to operate from the
 board   Department of Toxic Substances Control
 shall, upon conviction, be punished by a fine of not less than
five hundred dollars ($500) or more than five thousand dollars
($5,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
   (b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues. In any case where a person
has accepted waste tires at a minor waste tire facility, or knowingly
directed or transported waste tires to a minor waste tire facility,
that has not been issued a permit, in violation of subdivision (a),
each day that the waste tires remain at the facility and the person
has knowledge thereof is a separate additional violation, unless the
person has filed a report with the  board  
Department of Toxic Substances Control  disclosing the violation
and is in compliance with any order regarding the waste tires issued
by the  board   Department of Toxic Substances
Control  , a hearing officer, or a court of competent
jurisdiction. 
  SEC. 261.    Section 42841 of the Public Resources Code is
amended to read: 
   42841.  The  board   Department of Toxic
Substances Control  may refuse to issue or renew a waste tire
facility permit on any grounds for which it may suspend or revoke a
permit. 
  SEC. 262.    Section 42843 of the Public Resources Code is
amended to read: 
   42843.  (a) The  board   Department of Toxic
Substances Control  , after holding a hearing in accordance with
the procedures set forth in Sections 11503 to 11519, inclusive, of
the Government Code, may revoke, suspend, or deny a waste tire
facility permit for a period of up to three years, if the 
board   Department of Toxic Substances Control 
determines any of the following:
   (1) The permit was obtained by a material misrepresentation or
failure to disclose relevant factual information.
   (2) The operator of the waste tire facility, during the previous
three years, has been issued a final order for, failed to comply
with, or has been convicted of, any of the following:
   (A) One or more violations of this chapter or the regulations
adopted pursuant to this chapter.
   (B) One or more violations of Chapter 19 (commencing with Section
42950) or the regulations adopted pursuant to that chapter.
   (C) The terms or conditions of the operator's waste tire facility
permit.
   (D) Any order, direction, or penalty issued by the  board
  Department of Toxic Substances Control  relating
to the safe storage or processing of waste tires.
   (b) If the  board   Department of Toxic
Substances Control  determines that a violation specified in
paragraph (2) of subdivision (a) demonstrates a chronic, recurring
pattern of noncompliance that poses, or may pose, a significant risk
to public health and safety or the environment, or if the violation
has not been corrected or reasonable progress toward correction has
not been achieved, the  board   Department of
Toxic Substances Control  may suspend, revoke, or deny a waste
tire facility permit, in accordance with the procedure specified in
subdivision (a), for a period of not more than five years.
   (c) If the  board   Department of Toxic
Substances Control  determines that a violation specified in
paragraph (2) of subdivision (a) has resulted in significant harm to
human health or the environment, the  board  
Department of Toxic Substances Control  may suspend, revoke, or
deny a waste tire facility permit, in accordance with the procedure
specified in subdivision (a), for a period of five years or greater.

  SEC. 263.    Section 42844 of the Public Resources Code is
amended to read: 
   42844.  (a) The  board   Department of Toxic
Substances Control  may temporarily suspend any permit issued
pursuant to this chapter prior to any hearing if the  board
  Department of Toxic Substances Control 
determines that the action is necessary to prevent or mitigate an
imminent or substantial endangerment to the public health or safety
or the environment.
   (b) The  board   Department of Toxic
Substances Control  shall notify the holder of the permit of the
temporary suspension and the effective date thereof and, at the same
time, shall serve the person with an accusation.
   (c) Upon receipt by the  board   Department
of Toxic Substances Control  of a notice of defense to the
accusation from the holder of the permit, the  board
  Department of Toxic Substances Control  shall,
within 15 days, set the matter for a hearing, which shall be held as
soon as possible, but not later than 30 days after receipt of the
notice.
   (d) The temporary suspension shall remain in effect until the
hearing is completed and the  board   Department
of Toxic Substances Control  has made a final determination on
the merits, which shall be made within 60 days after the completion
of the hearing. If the determination is not transmitted within this
period, the temporary suspension shall be of no further effect. 
  SEC. 264.    Section 42845 of the Public Resources Code is
amended to read: 
   42845.  (a) Any person who stores, stockpiles, or accumulates
waste tires at a location for which a waste tire facility permit is
required pursuant to this chapter, or in violation of the terms and
conditions of the permit, the provisions of this chapter, or the
regulations adopted under this chapter, shall, upon order of the
 board   Department of Toxic Substances Control
 , clean up those waste tires or abate the effects thereof, or,
in the case of threatened pollution or nuisance, take other necessary
remedial action.
   (b) (1) Upon failure of any person to comply with the cleanup or
abatement order, the Attorney General, at the request of the 
board   Department of Toxic Substances Control  ,
shall petition the superior court for that county for the issuance of
an injunction requiring the person to comply with that order. In any
suit, the court shall have jurisdiction to grant a prohibitory or
mandatory injunction, either preliminary or permanent, as the facts
may warrant.
   (2) If the Attorney General declines, or is unable, to petition
the appropriate superior court for issuance of an injunction within
45 days from the  board's   Department of Toxic
Substances Control's  request, pursuant to paragraph (1), the
district attorney or county counsel of that county may, at the
 board's   Department of Toxic Substances
Control's  request, petition the superior court for issuance of
the injunction specified in paragraph (1). 
  SEC. 265.    Section 42846 of the Public Resources Code is
amended to read: 
   42846.  (a) The  board   Department of Toxic
Substances Control  may expend available moneys to perform any
cleanup, abatement, or remedial work required under the circumstances
set forth in Section 42845 which in its judgment is required by the
magnitude of endeavor or the need for prompt action to prevent
substantial pollution, nuisance, or injury to the public health or
safety. The action may be taken in default of, or in addition to,
remedial work by the violator or other persons, and regardless of
whether injunctive relief is being sought.
   (b) The  board   Department of Toxic
Substances Control  may perform the work itself, or by or in
cooperation with any other governmental agency, and may use rented
tools or equipment, either with operators furnished or unoperated.
Notwithstanding any other provisions of law, the  board
  Depart   ment of Toxic Substances Control
 may enter into oral contracts for that work, and the contracts,
whether written or oral, may include provisions for equipment rental
and in addition the furnishing of labor and materials necessary to
accomplish the work. The contracts are exempt from approval by the
Department of General Services pursuant to Section 10295 of the
Public Contract Code. 
  SEC. 266.    Section 42846.5 of the Public Resources Code
is amended to read: 
   42846.5.  If the owner of property upon which waste tires are
unlawfully stored, stockpiled, or accumulated refuses to allow the
 board   Department of Toxic Substances Control
 or its contractors access to enter onto the property and
perform all necessary cleanup, abatement, or remedial work as
authorized under Section 42846, the  board  
Department of Toxic Substances Control  or its contractors shall
be permitted reasonable access to the property to perform that
activity if an order setting civil liability has been issued or
obtained pursuant to Article 6 (commencing with Section 42850) by the
 board   Department of Toxic Substances Control
 , or by its designee pursuant to subdivision (c) of Section
42850, against the property owner, and the  board 
 Department of Toxic Substances Control  finds that there is
a significant threat to public health or the environment. 
  SEC. 267.    Section 42847 of the Public Resources Code is
amended to read: 
   42847.  If waste tires are cleaned up, the effects of the tires
are abated, or, in the case of threatened pollution or nuisance,
other necessary remedial action is taken by any governmental agency,
the person or persons who unlawfully stored, stockpiled, or
accumulated the waste tires or who unlawfully permitted the storage,
stockpile, or accumulation of waste tires or who threatened to cause
or permit the unlawful storage, stockpile, or accumulation of waste
tires shall be liable to that governmental agency to the extent of
the reasonable costs actually incurred in cleaning up the waste,
abating the effects thereof, or taking other remedial actions. The
amount of those costs shall be recoverable in a civil action by, and
paid to, the governmental agency and the  board 
 Department of Toxic Substances Control  to the extent of
the latter's contribution to the cleanup costs from available funds.
The  board   Department of Toxic Substances
Control  shall seek recovery of its costs if that recovery is
feasible. 
  SEC. 268.    Section 42847.5 of the Public Resources Code
is amended to read: 
   42847.5.  (a) Any costs or damages incurred by the  board
  Department of Toxic Substances Control  under
this article constitute a lien upon the real property owned by any
responsible party that is subject to the remedial action. The lien
shall attach regardless of whether the responsible party is
insolvent. A lien imposed under this section shall arise at the time
costs are first incurred by the  board  
Department of Toxic Substances Control  with respect to a
remedial action at the site.
   (b) A lien established under this section shall be subject to the
notice and hearing procedures required by due process of the law.
Prior to imposing the lien, the  board  
Department of Toxic Substances Control  shall send the property
owner via certified mail a "Notice of Intent to Place A Lien" letter.
This letter shall provide that the owner, within 14 calendar days
from the date of receipt of the letter, may object to the imposition
of the lien either in writing or through an informal proceeding
before a neutral official. This neutral official shall be the
 board's   Department of Toxic Substances
Control's  executive director or his or her designee, who may
not have had any prior involvement with the site. The issue before
the neutral official shall be whether the  board 
 Department of Toxic Substances Control  has a reasonable
basis for its determination that the statutory elements for lien
placement under this section are satisfied. During this proceeding
the property owner may present information or submit documents, or
both, to establish that the  board   Department
of Toxic Substances Control  should not place a lien as
proposed. The neutral official shall assure that a record of the
proceeding is made, and shall issue a written decision. The decision
shall state whether the property owner has established any issue of
fact or law to alter the  board's   Department
of Toxic Substances Control's  intention to file a lien, and the
basis for the decision.
   (c) The  board   Department of Toxic
Substances Control  may not be considered a responsible party
for a remediated site merely because a lien is imposed under this
section.
   (d) A lien imposed under this section shall continue until the
liability for the costs or damages incurred under this article, or a
judgment against the responsible party, is satisfied. However, if it
is determined by a court that the judgment against the responsible
party will not be satisfied, the  board  
Department of Toxic Substances Control  may exercise its rights
under the lien.
   (e) A lien imposed under this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.
The lien shall contain a legal description of the real property that
is subject to, or affected by, the remedial action, the assessor's
parcel number, and the name of the owner of record, as shown on the
latest equalized assessment roll.
   (f) All funds recovered under this section on behalf of the
 board's   Department of Toxic Substances
Control's  waste tire stabilization and abatement program shall
be deposited in the California Tire Recycling Management Fund
established under Section 42885. 
  SEC. 269.    Section 42848 of the Public Resources Code is
amended to read: 
   42848.  If, despite reasonable efforts by the  board
  Department of Toxic Substances Control  to
identify the person responsible for the unlawful storage,
stockpiling, or accumulation of waste tires or the condition of
pollution or nuisance, the person is not identified at the time
cleanup, abatement, or remedial work must be performed, the 
board   Department of Toxic Substances Control 
shall not be required to issue an order under this section. 
  SEC. 270.    Section 42849 of the Public Resources Code is
amended to read: 
   42849.  (a) "Threaten" or "threat," for purposes of this article,
means a condition creating a substantial probability of harm, when
the probability and potential extent of harm make it reasonably
necessary to take immediate action to prevent, reduce, or mitigate
damages to persons, property, natural resources, or the public health
or safety.
   (b) If the  board   Department of Toxic
Substances Control  finds either an imminent threat to public
health, safety, or                                               the
environment, or a threat, as defined by subdivision (a), the 
board   Department of Toxic Substances Control 
may conduct an emergency meeting to determine the legal, enforcement,
cleanup, or other necessary actions that may be taken to correct
that imminent threat or threat. Such a finding by the  board
  Department of Toxic Substances Control  shall be
deemed to be an "emergency situation" for purposes of, and in
addition to the situations described in, Section 11125.5 of the
Government Code. 
  SEC. 271.    Section 42850 of the Public Resources Code is
amended to read: 
   42850.  (a) Any person who negligently violates any provision of
this chapter, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter, is liable for
a civil penalty of not less than five hundred dollars ($500) or more
than five thousand dollars ($5,000), for each violation of a
separate provision or, for continuing violations, for each day that
the violation continues.
   (b) Liability under this section may be imposed in a civil action
or liability may be imposed administratively pursuant to this
article.
   (c) Upon request of a city, county, or city and county, that city,
county, or city and county may be designated, in writing, by the
 board   Department of Toxic Substances Control
 , to exercise the enforcement authority granted to the 
board   Department of Toxic Substances Control 
under this chapter. Any city, county, or city and county so
designated shall follow the same procedures set forth for the
 board   Department of Toxic Substances Control
 under this article. This designation shall not limit the
authority of the  board   Department of Toxic
Substances Control  to take action it deems necessary or proper
to ensure to enforcement of this chapter. 
  SEC. 272.    Section 42851 of the Public Resources Code is
amended to read: 
   42851.  (a) The  board   Department of Toxic
Substances Control  may issue a complaint to any person on whom
civil liability may be imposed pursuant to this article. The
complaint shall allege the acts or failures to act that constitute a
basis for liability and the amount of the proposed civil liability.
The complaint shall be served by personal service or certified mail
and shall inform the party so served that a hearing shall be
conducted within 60 days after the party has been served, unless the
party waives the right to a hearing.
   (b) If the party waives the right to a hearing, the  board
  Department of Toxic Substances Control  shall
issue an order setting liability in the amount proposed in the
complaint unless the  board   Department of
Toxic Substance   s Control  and the party have entered
into a settlement agreement, in which case the  board
  Department of Toxic Substances Control  shall
issue an order setting liability in the amount specified in the
settlement agreement. If the party has waived the right to a hearing
or if the  board   Department of Toxic
Substances Control  and the party have entered into a settlement
agreement, the order shall not be subject to review by any court or
agency. 
  SEC. 273.    Section 42855 of the Public Resources Code is
amended to read: 
   42855.  All penalties collected under Section 42850 shall be
deposited in the California Tire Recycling Management Fund created
pursuant to Section 42885 if the attorney who brought the action
represented the  board   Department of Toxic
Substances Control  , or shall be retained by a city, county, or
city and county designated pursuant to subdivision (c) of Section
42850, if the attorney who brought the action represents the city,
county, or city and county. The moneys retained by the city, county,
or city and county shall be expended on enforcement and cleanup
required under this chapter, including, but not limited to, the
prosecution of enforcement actions. 
  SEC. 274.    Section 42867 of the Public Resources Code is
amended to read: 
   42867.  Except as otherwise determined by the  board
  Department of Toxic Substances Control  , only
landfills authorized in this article shall be eligible for financial
assistance in the shredding of tires pursuant to Article 3
(commencing with Section 42870). 
  SEC. 275.    Section 42871 of the Public Resources Code is
amended to read: 
   42871.  The  board   Department of
Conservation  shall administer a tire recycling program that
promotes and develops alternatives to the landfill disposal of used
whole tires. 
  SEC. 276.    Section 42872.5 of the Public Resources Code
is amended to read: 
   42872.5.  (a) (1) In addition to the purposes listed in Section
42872, the tire recycling program may include the awarding of grants
to cities, counties, and other local government agencies for the
funding of public works projects that use rubberized asphalt
concrete. In addition to the factors listed in Sections 42874 and
42875, the  board   Department of Conservation
 may award a grant for a public works project that uses
rubberized asphalt concrete if the project will use at least 1,250
tons of rubberized asphalt concrete during the life of the project
and will use 20 pounds or more of crumb rubber per ton of rubberized
asphalt concrete.
   (2) The  board   Department of Conservation
 shall annually determine the amount of a grant to be awarded
pursuant to this section, based on the per ton amount of rubberized
asphalt concrete to be used in the project.
   (3) The  board   Department of Conservation
 shall not award a grant pursuant to this section that exceeds a
maximum amount of two hundred fifty thousand dollars ($250,000).
   (b) The grants authorized under this section shall be funded by an
appropriation in the annual Budget Act from the California Tire
Recycling Management Fund established pursuant to Section 42885. To
the extent possible, depending on the number of qualified
applications, and whether there is a sufficient supply of crumb
rubber materials, any funds appropriated pursuant to this section
shall not be less than 16 percent of the funds appropriated pursuant
to this chapter for market development and new technology activities
for used tires and waste tires.
   (c) In order to provide outreach to local agencies regarding the
use of rubberized asphalt concrete in public works projects, all of
the following shall occur:
   (1) The  board   Department of Conservation
 shall create, annually update, and post on its Internet Web
site a database of public works projects that include rubberized
asphalt concrete that were completed by local agencies under the
program established by this section.
   (2) The Department of Transportation shall post on its public
Internet Web site data and descriptions regarding state public works
projects using rubberized asphalt concrete.
   (3) The  board   Department of Conservation
 shall post on its public Internet Web site a link to the data
and descriptions provided under paragraph (2).
   (4) The  board   Department of Conservation
 shall provide technical support to local agencies on the design
and application for rubberized asphalt concrete.
   (d) This section shall become inoperative on June 30, 2010, and,
as of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.

  SEC. 277.    Section 42873 of the Public Resources Code is
amended to read:
   42873.  (a) Activities eligible for funding under this article,
that reduce, or that are designed to reduce or promote the reduction
of, landfill disposal of used whole tires, may include the following:

   (1) Polymer treatment.
   (2) Rubber reclaiming and crumb rubber production.
   (3) Retreading.
   (4) Shredding.
   (5) The manufacture of products made from used tires, including,
but not limited to, all of the following:
   (A) Rubberized asphalt, asphalt rubber, modified binders, and chip
seals.
   (B) Playground equipment.
   (C) Crash barriers.
   (D) Erosion control materials.
   (E) Nonslip floor and track surfacing.
   (F) Oilspill recovery equipment.
   (G) Roofing adhesives.
   (H) Tire-derived aggregate applications, including lightweight
fill and vibration mitigation.
   (6) Other environmentally safe applications or treatments
determined to be appropriate by the  board  
Department of Conservation  .
   (b) (1) The  board   Department of
Conservation  may not expend funds for an activity that provides
support or research for the incineration of tires. For the purposes
of this article, incineration of tires, includes, but is not limited
to, fuel feed system development, fuel sizing analysis, and capacity
and production optimization.
   (2) Paragraph (1) does not affect the permitting or regulation of
facilities that engage in the incineration of tires. 
  SEC. 278.    Section 42874 of the Public Resources Code is
amended to read: 
   42874.  The  board   Department of
Conservation  shall evaluate applications for loans or grants
under this article based upon, but not limited to, the following
factors in the proposal:
   (a) The quantity of used tires that will be diverted from
landfills.
   (b) The estimated cost per tire in the recycling, processing, or
conversion process.
   (c) The availability of markets for the recycled tire product.
   (d) The degree to which the processing program mitigates or avoids
adverse environmental effects. 
  SEC. 279.    Section 42875 of the Public Resources Code is
amended to read: 
   42875.  The  board   Department of
Conservation  may also consider the following factors in
awarding grant or loan applications:
   (a) The ability of the proposed processing program to integrate
with existing or proposed solid waste management activities.
   (b) Financial support for implementation and operation of the
proposed processing program from sources other than loans and grants
from the  board   Department of Conservation
 .
   (c) The degree to which the technical approach of the proposal
makes the loan and grant program financially self-sufficient.
   (d) The degree to which the program can be measured or evaluated
for success.
   (e) The probability that the processing program can be implemented
and operated with the funds applied for and the amount of funds
sought.
   (f) The time that the land or property on which the proposed
processing facility is available to the applicant. No proposal shall
be considered for a loan or grant unless the property or facility is
available for at least five years.
   (g) The business plan for operation of the facility. 
  SEC. 280.    Section 42880 of the Public Resources Code is
amended to read: 
   42880.  The  board   Department of Toxic
Substances Control and the Department of Conservation  shall
administer this chapter. For organizational purposes, the 
board   Department of Toxic Substances Control and the
Department of Conservation  may create a new division, bureau,
office, or unit to administer this chapter. 
  SEC. 281.    Section 42881 of the Public Resources Code is
amended to read: 
   42881.  (a) In addition to any regulations which the 
board is   Department of Toxic Substances Control and
the Department of Conservation are  required by statute to
adopt, the  board   Department of Toxic
Substances Control and the Department of Conservation  may adopt
any rules or regulations which  the board determines
  they determine  may be necessary or useful to
carry out this chapter or any of the  board's 
duties or responsibilities imposed pursuant to this chapter.
   (b) The  board   Department of Tox  
ic Substances Control and the Department of Conservation  may
prepare, publish, or issue printed materials which  the board
determines   they determine  to be necessary for
the dissemination of information concerning the activities of the
 board   Department of Toxic Substances Control
and the Department of Conservation,  pursuant to this chapter.

  SEC. 282.    Section 42882 of the Public Resources Code is
amended to read: 
   42882.  In carrying out this chapter, the  board 
 Department of Toxic Substances Control and the Department of
Conservation  may solicit and use any and all expertise
available in other state agencies, including, but not limited to, the
State Board of Equalization, and, where an existing state agency
performs functions of a similar nature to the  board's
 functions  of the Department of Toxic Substances
Control and the Department of Conservation  , the  board
  Department of Toxic Substances Control and the
Department of Conservation  may contract with, or cooperate with
that agency in carrying out this chapter. If the  board
  Department of Conservation  contracts with the
State Board of Equalization to collect the fee imposed in Section
42885, the State Board of Equalization may collect that fee pursuant
to the Fee Collection Procedures Law (Part 30 (commencing with
Section 55001) of Division 2 of the Revenue and Taxation Code). 
  SEC. 283.    Section 42883 of the Public Resources Code is
amended to read: 
   42883.  The recipient of a grant, subsidy, or loan pursuant to
Article 3 (commencing with Section 42870) shall, on or before January
1 of each year, submit a report to the  board  
Department of Conservation  containing information required by
the  board   Department of Conservation  ,
including, but not limited to, the number of used whole tires
recycled, which is necessary to measure the success of the recipient'
s program in reducing the number of tires disposed of in landfills or
stockpiled. 
  SEC. 284.    Section 42885 of the Public Resources Code,
as amended by Section 55 of Chapter 77 of the Statutes of 2006, is
amended to read: 
   42885.  (a) For purposes of this section, "California tire fee"
means the fee imposed pursuant to this section.
   (b) (1) A person who purchases a new tire, as defined in
subdivision (g), shall pay a California tire fee of one dollar and
seventy-five cents ($1.75) per tire.
   (2) The retail seller shall charge the retail purchaser the amount
of the California tire fee as a charge that is separate from, and
not included in, any other fee, charge, or other amount paid by the
retail purchaser.
   (3) The retail seller shall collect the California tire fee from
the retail purchaser at the time of sale and may retain 11/2 percent
of the fee as reimbursement for any costs associated with the
collection of the fee. The retail seller shall remit the remainder to
the state on a quarterly schedule for deposit in the California Tire
Recycling Management Fund, which is hereby created in the State
Treasury.
   (c) The  board   Department of Conservation
 , or its agent authorized pursuant to Section 42882, shall be
reimbursed for its costs of collection, auditing, and making refunds
associated with the California Tire Recycling Management Fund, but
not to exceed 3 percent of the total annual revenue deposited in the
fund.
   (d) The California tire fee imposed pursuant to subdivision (b)
shall be separately stated by the retail seller on the invoice given
to the customer at the time of sale. Any other disposal or
transaction fee charged by the retail seller related to the tire
purchase shall be identified separately from the California tire fee.

   (e) A person or business who knowingly, or with reckless
disregard, makes a false statement or representation in a document
used to comply with this section is liable for a civil penalty for
each violation or, for continuing violations, for each day that the
violation continues. Liability under this section may be imposed in a
civil action and shall not exceed twenty-five thousand dollars
($25,000) for each violation.
   (f) In addition to the civil penalty that may be imposed pursuant
to subdivision (e), the  board   Department of
Toxic Substances Control and the Department of Conservation  may
impose an administrative penalty in an amount not to exceed five
thousand dollars ($5,000) for each violation of a separate provision
or, for continuing violations, for each day that the violation
continues, on a person who intentionally or negligently violates a
permit, rule, regulation, standard, or requirement issued or adopted
pursuant to this chapter. The  board  
Department of Toxic Substances Control and the Department of
Conservation  shall adopt regulations that specify the amount of
the administrative penalty and the procedure for imposing an
administrative penalty pursuant to this subdivision.
   (g) For purposes of this section, "new tire" means a pneumatic or
solid tire intended for use with on-road or off-road motor vehicles,
motorized equipment, construction equipment, or farm equipment that
is sold separately from the motorized equipment, or a new tire sold
with a new or used motor vehicle, as defined in Section 42803.5,
including the spare tire, construction equipment, or farm equipment.
"New tire" does not include retreaded, reused, or recycled tires.
   (h) The California tire fee shall not be imposed on a tire sold
with, or sold separately for use on, any of the following:
   (1) A self-propelled wheelchair.
   (2) A motorized tricycle or motorized quadricycle, as defined in
Section 407 of the Vehicle Code.
   (3) A vehicle that is similar to a motorized tricycle or motorized
quadricycle and is designed to be operated by a person who, by
reason of the person's physical disability, is otherwise unable to
move about as a pedestrian.
   (i) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
  SEC. 285.    Section 42885 of the Public Resources Code,
as added by Chapter 707 of the Statutes of 2004, is amended to read:

   42885.  (a) For purposes of this section, "California tire fee"
means the fee imposed pursuant to this section.
   (b) (1) Every person who purchases a new tire, as defined in
subdivision (g), shall pay a California tire fee of seventy-five
cents ($0.75) per tire.
   (2) The retail seller shall charge the retail purchaser the amount
of the California tire fee as a charge that is separate from, and
not included in, any other fee, charge, or other amount paid by the
retail purchaser.
   (3) The retail seller shall collect the California tire fee from
the retail purchaser at the time of sale and may retain 3 percent of
the fee as reimbursement for any costs associated with the collection
of the fee. The retail seller shall remit the remainder to the state
on a quarterly schedule for deposit in the California Tire Recycling
Management Fund, which is hereby created in the State Treasury.
   (c) The  board   Department of Conservation
 , or its agent authorized pursuant to Section 42882, shall be
reimbursed for its costs of collection, auditing, and making refunds
associated with the California Tire Recycling Management Fund, but
not to exceed 3 percent of the total annual revenue deposited in the
fund.
   (d) The California tire fee imposed pursuant to subdivision (a)
shall be separately stated by the retail seller on the invoice given
to the customer at the time of sale. Any other disposal or
transaction fee charged by the retail seller related to the tire
purchase shall be identified separately from the California tire fee.

   (e) Any person or business who knowingly, or with reckless
disregard, makes any false statement or representation in any
document used to comply with this section is liable for a civil
penalty for each violation or, for continuing violations, for each
day that the violation continues. Liability under this section may be
imposed in a civil action and shall not exceed twenty-five thousand
dollars ($25,000) for each violation.
   (f) In addition to the civil penalty that may be imposed pursuant
to subdivision (e), the  board   Department of
Toxic Substances Control and the Department of Conservation  may
impose an administrative penalty in an amount not to exceed five
thousand dollars ($5,000) for each violation of a separate provision
or, for continuing violations, for each day that the violation
continues, on any person who intentionally or negligently violates
any permit, rule, regulation, standard, or requirement issued or
adopted pursuant to this chapter. The  board  
Department of Toxic Substances Control and the Department of
Conservation  shall adopt regulations that specify the amount of
the administrative penalty and the procedure for imposing an
administrative penalty pursuant to this subdivision.
   (g) For purposes of this section, "new tire" means a pneumatic or
solid tire intended for use with on-road or off-road motor vehicles,
motorized equipment, construction equipment, or farm equipment that
is sold separately from the motorized equipment, or a new tire sold
with a new or used motor vehicle, as defined in Section 42803.5,
including the spare tire, construction equipment, or farm equipment.
"New tire" does not include retreaded, reused, or recycled tires.
   (h) The California tire fee may not be imposed on any tire sold
with, or sold separately for use on, any of the following:
   (1) Any self-propelled wheelchair.
   (2) Any motorized tricycle or motorized quadricycle, as defined in
Section 407 of the Vehicle Code.
   (3) Any vehicle that is similar to a motorized tricycle or
motorized quadricycle and is designed to be operated by a person who,
by reason of the person's physical disability, is otherwise unable
to move about as a pedestrian.
   (i) This section shall become operative on January 1, 2015. 
  SEC. 286.    Section 42885.5 of the Public Resources Code
is amended to read: 
   42885.5.  (a) The  board   Department of
Toxic Substances Control, in conjunction with the Department of
Conservation  shall adopt a five-year plan, which shall be
updated every two years, to establish goals and priorities for the
waste tire program and each program element.
   (b) On or before July 1, 2001, and every two years thereafter, the
 board   Department of Toxic Substances
Control,   in conjunction with the Department of
Conservation,  shall submit the adopted five-year plan to the
appropriate policy and fiscal committees of the Legislature. The
 board   Department of Toxic Substances Control,
in conjunction with the Department of Conservation,  shall
include in the plan, programmatic and fiscal issues including, but
not limited to, the hierarchy used by the  board 
 Department of Toxic Substances Control and the Department of
Conservation  to maximize productive uses of waste and used
tires, and the performance objectives and measurement criteria used
by the  board   Department of Toxic Substances
Control and the Department of Conservation  to evaluate the
success of its waste and used tire recycling program. Additionally,
the plan shall describe each program element's effectiveness, based
upon performance measures developed by the  board, 
 Department of Toxic Substances Control, in conjunction with the
Department of Conservation,  including, but not limited to, the
following:
   (1) Enforcement and regulations relating to the storage of waste
and used tires.
   (2) Cleanup, abatement, or other remedial action related to waste
tire stockpiles throughout the state.
   (3) Research directed at promoting and developing alternatives to
the landfill disposal of waste tires.
   (4) Market development and new technology activities for used
tires and waste tires.
   (5) The waste and used tire hauler program and manifest system.
   (6) A description of the grants, loans, contracts, and other
expenditures proposed to be made by the  board  
Department of Toxic Substances Control and the Department of
Conservation  under the tire recycling program.
   (7) Until June 30, 2010, the grant program authorized under
Section 42872.5 to encourage the use of rubberized asphalt concrete
technology in public works projects.
   (8) Border region activities, conducted in coordination with the
California Environmental Protection Agency, including, but not
limited to, all of the following:
   (A) Training programs to assist Mexican waste and used tire
haulers to meet the requirements for hauling those tires in
California.
   (B) Environmental education training.
   (C) Development of a waste tire abatement plan, with the
appropriate government entities of California and Mexico.
   (D) Tracking both the legal and illegal waste and used tire flow
across the border and recommended revisions to the waste tire
policies of California and Mexico.
   (E) Coordination with businesses operating in the border region
and with Mexico, with regard to applying the same environmental and
control requirements throughout the border region.
   (c) The  board   Department of Conservation
 shall base the budget for the California Tire Recycling Act and
program funding on the plan.
   (d) The plan may not propose financial or other support that
promotes, or provides for research for the incineration of tires.

  SEC. 287.    Section 42888 of the Public Resources Code is
amended to read: 
   42888.  (a) Except as agreed to by the  board 
 Department of Conservation  , no refund shall be approved
by the  board   Department of Conservation 
after three years from the date the payment was due for which the
overpayment was made, or with respect to deficiency or jeopardy
determinations, after six months from the date the determinations
become final, or after six months from the date of overpayment,
whichever period expires later, unless a claim therefor is filed with
the  board   Department of Conservation 
within that period. No credit shall be approved by the  board
  Department of Conservation  after the expiration
of that period, unless a claim for credit is filed with the 
board   Department of Conservation  within that
period or unless the credit relates to a period for which a waiver is
given by the  board   Department of
Conservation  .
   (b) A refund may be approved by the  board  
Department of Conservation  for any period agreed to by the
 board   Department of Conservation  for
good cause if a claim for the referral is filed with the 
board                                                
Department of Conservation  before the expiration of the period
agreed upon. 
  SEC. 288.    Section 42889 of the Public Resources Code,
as amended by Section 26 of Chapter 696 of the Statutes of 2008, is
amended to read: 
   42889.  (a) Commencing January 1, 2005, of the moneys collected
pursuant to Section 42885, an amount equal to seventy-five cents
($0.75) per tire on which the fee is imposed shall be transferred by
the State Board of Equalization to the Air Pollution Control Fund.
The state board shall expend those moneys, or allocate those moneys
to the districts for expenditure, to fund programs and projects that
mitigate or remediate air pollution caused by tires in the state, to
the extent that the state board or the applicable district determines
that the program or project remediates air pollution harms created
by tires upon which the fee described in Section 42885 is imposed.
   (b) The remaining moneys collected pursuant to Section 42885 shall
be used to fund the waste tire program, and shall be appropriated to
the  board   Department of Toxic Substances
Control and the Department of Conservation  in the annual Budget
Act in a manner consistent with the five-year plan adopted and
updated by the  board  Department of Toxic
Substances Control and the Department of Conservation  . These
moneys shall be expended for the payment of refunds under this
chapter and for the following purposes:
   (1) To pay the administrative overhead cost of this chapter, not
to exceed 6 percent of the total revenue deposited in the fund
annually, or an amount otherwise specified in the annual Budget Act.
   (2) To pay the costs of administration associated with collection,
making refunds, and auditing revenues in the fund, not to exceed 3
percent of the total revenue deposited in the fund, as provided in
subdivision (c) of Section 42885.
   (3) To pay the costs associated with operating the tire recycling
program specified in Article 3 (commencing with Section 42870).
   (4) To pay the costs associated with the development and
enforcement of regulations relating to the storage of waste tires and
used tires. The  board   Department of Toxic
Substances Control  shall consider designating a city, county,
or city and county as the enforcement authority of regulations
relating to the storage of waste tires and used tires, as provided in
subdivision (c) of Section 42850, and regulations relating to the
hauling of waste and used tires, as provided in subdivision (b) of
Section 42963. If the  board   Department of
Toxic Substances Control  designates a local entity for that
purpose, the  board   Department of Toxic
Substances Control, in conjunction with the Department of
Conservation, shall provide sufficient, stable, and
noncompetitive funding to that entity for that purpose, based on
available resources, as provided in the five-year plan adopted and
updated as provided in subdivision (a) of Section 42885.5. The
 board   Department of Toxic Substances Control
 may consider and create, as appropriate, financial incentives
for citizens who report the illegal hauling or disposal of waste
tires as a means of enhancing local and statewide waste tire and used
tire enforcement programs.
   (5) To pay the costs of cleanup, abatement, removal, or other
remedial action related to waste tire stockpiles throughout the
state, including all approved costs incurred by other public agencies
involved in these activities by contract with the  board
  Department of Toxic Substances Control  . Not
less than six million five hundred thousand dollars ($6,500,000)
shall be expended by the  board   Department of
Toxic Substances Control  during each of the following fiscal
years for this purpose: 2001-02 to 2006-07, inclusive.
   (6) To make studies and conduct research directed at promoting and
developing alternatives to the landfill disposal of waste tires.
   (7) To assist in developing markets and new technologies for used
tires and waste tires. The  board's   Department
of Conservation's  expenditure of funds for purposes of this
subdivision shall reflect the priorities for waste management
practices specified in subdivision (a) of Section 40051.
   (8) To pay the costs associated with implementing and operating a
waste tire and used tire hauler program and manifest system pursuant
to Chapter 19 (commencing with Section 42950).
   (9) To pay the costs to create and maintain an emergency reserve,
which shall not exceed one million dollars ($1,000,000).
   (10) To pay the costs of cleanup, abatement, or other remedial
action related to the disposal of waste tires in implementing and
operating the Farm and Ranch Solid Waste Cleanup and Abatement Grant
Program established pursuant to Chapter 2.5 (commencing with Section
48100) of Part 7.
   (c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2015, deletes or extends that
date. 
  SEC. 289.    Section 42889 of the Public Resources Code,
as amended by Section 27 of Chapter 696 of the Statutes of 2008, is
amended to read: 
   42889.  Funding for the waste tire program shall be appropriated
to the  board   Department of Toxic Substances
Control and the Department of Conservation  in the annual Budget
Act. The moneys in the fund shall be expended for the payment of
refunds under this chapter and for the following purposes:
   (a) To pay the administrative overhead cost of this chapter, not
to exceed 5 percent of the total revenue deposited in the fund
annually, or an amount otherwise specified in the annual Budget Act.
   (b) To pay the costs of administration associated with collection,
making refunds, and auditing revenues in the fund, not to exceed 3
percent of the total revenue deposited in the fund, as provided in
subdivision (b) of Section 42885.
   (c) To pay the costs associated with operating the tire recycling
program specified in Article 3 (commencing with Section 42870).
   (d) To pay the costs associated with the development and
enforcement of regulations relating to the storage of waste tires and
used tires. The  board   Department of Toxic
Substances Control  shall consider designating a city, county,
or city and county as the enforcement authority of regulations
relating to the storage of waste tires and used tires, as provided in
subdivision (c) of Section 42850, and regulations relating to the
hauling of waste and used tires, as provided in subdivision (b) of
Section 42963. If the  board   Department of
Toxic Substances Control  designates a local entity for that
purpose, the  board   Department of Toxic
Substances Control  shall provide sufficient, stable, and
noncompetitive funding to that entity for that purpose, based on
available resources, as provided in the five-year plan adopted and
updated as provided in subdivision (a) of Section 42855.5. The
 board   Department of Toxic Substances Control
 may consider and create, as appropriate, financial incentives
for citizens who report the illegal hauling or disposal of waste
tires as a means of enhancing local and statewide waste tire and used
tire enforcement programs.
   (e) To pay the costs of cleanup, abatement, removal, or other
remedial action related to waste tire stockpiles throughout the
state, including all approved costs incurred by other public agencies
involved in these activities by contract with the  board
  Department of Toxic Substances Control  . Not
less than six million five hundred thousand dollars ($6,500,000)
shall be expended by the  board   Departm 
 ent of Toxic Substances Control  during each of the
following fiscal years for this purpose: 2001-02 to 2006-07,
inclusive.
   (f) This section shall become operative on January 1, 2015. 
  SEC. 290.    Section 42889.3 of the Public Resources Code
is amended to read:
   42889.3.  On or before January 1 of each year, the Department of
Transportation shall report to the Legislature and the  board
  Department of Conservation  on the use of waste
tires in transportation and civil engineering projects during the
previous five years, including, but not limited to, the approximate
number of waste tires used every year, and the types and location of
these projects. 
  SEC. 291.    Section 42910 of the Public Resources Code is
amended to read: 
   42910.  (a) Not later than March 1, 1993, after holding a public
hearing, the  board   Department of Conservation
 shall adopt a model ordinance for adoption by any local agency
relating to adequate areas for collecting and loading recyclable
materials in development projects.
   (b) The  board   Department of Conservation
 shall consult with representatives of the League of California
Cities, County Supervisors Association of California, American
Planning Association, American Institute of Architects, private and
public waste services, building construction and management, and
retail businesses in developing the model ordinance.
   (c) Not later than January 1, 1993, the  board 
 Department of Conservation  shall distribute the draft
model ordinance to all local agencies and other interested parties
for review. Any comments shall be submitted to the  board
  Department of Conservation  by February 1, 1993,
for consideration at the public hearing of the  board
  Department of Conservation  to adopt the
ordinance. 
  SEC. 292.    Section 42912 of the Public Resources Code is
amended to read: 
   42912.  (a) Not later than March 1, 2004, after holding a public
hearing, the  board   Department of Conservation
 shall do all of the following:
   (1) Adopt one or more model ordinances, suitable for modification
by a local agency, that the local agency may adopt that will require
a range of diversion rates of construction and demolition waste
materials from 50 to 75 percent, as determined by the  board
  Department of Conservation  , and as measured by
weight.
   (2) Consult with representatives of the League of California
Cities, the California State Association of Counties, private and
public waste services and building construction materials industry
and construction management personnel throughout the development of
the model ordinances.
   (3) Compile a report on programs, other than a model ordinance,
that local governments and general contractors can implement to
increase diversion of construction and demolition waste materials.
   (4) Post on the  board's   Department of
Conservation's  Internet Web site, a report for general
contractors on methods by which contractors can increase diversion of
construction and demolition waste materials.
   (5) Post on the  board's   Department of
Conservation's  Internet Web site, a report for local
governments with suggestions of programs, in addition to adoption of
the model ordinance, to increase diversion of construction and
demolition waste materials.
   (b) Not later than January 1, 2004, the  board 
 Department of Conservation  shall distribute the draft
model ordinance to all local agencies and other interested parties
for review. Any comments shall be submitted to the  board
  Department of Conservation  by February 1, 2004,
for consideration at the public hearing of the  board
  Department of Conservation  to adopt the
ordinance. 
  SEC. 293.    Section 42920 of the Public Resources Code is
amended to read: 
   42920.  (a) On or before February 15, 2000, the  board
  Department of Conservation  shall adopt a state
agency model integrated waste management plan for source reduction,
recycling, and composting activities.
   (b) (1) On or before July 1, 2000, each state agency shall develop
and adopt, in consultation with the  board  
Department of Conservation  , an integrated waste management
plan, in accordance with the requirements of this chapter. The plan
shall build upon existing programs and measures, including the state
agency model integrated waste management plan adopted by the 
board   Department of Conservation  pursuant to
subdivision (a), that will reduce solid waste, reuse materials
whenever possible, recycle recyclable materials, and procure products
with recycled content in all state agency offices and facilities,
including any leased locations. It is the intent of the Legislature
that the local jurisdiction and the state agency or large state
facility located within that jurisdiction work together to implement
the state agency integrated waste management plan.
   (2) Each state agency shall submit an adopted integrated waste
management plan to the  board  Department of
Conservation  for review and approval on or before July 15,
2000. The  board   Department of Conservation
 shall adopt procedures for reviewing and approving those
integrated waste management plans. The  board  
Department of Conservation  shall complete its plan review
process on or before January 1, 2001.
   (3) If a state agency has not submitted an adopted integrated
waste management plan or the model integrated waste management plan
with revisions to the  board   Department of
Conservation  by January 1, 2001, or if the  board
  Department of Conservation  has disapproved the
plan that was submitted, then the model integrated waste management
plan, as revised by the  board   Department of
Conservation  in consultation with the agency, shall take effect
on that date, or on a later date as determined by the  board
  Department of Conservation  , and shall have the
same force and effect as if adopted by the state agency.
   (c) Notwithstanding subdivision (e) of Section 12217 of the Public
Contract Code, at least one solid waste reduction and recycling
coordinator shall be designated by each state agency. The coordinator
shall perform the duties imposed pursuant to this chapter using
existing resources. The coordinator shall be responsible for
implementing the integrated waste management plan and shall serve as
a liaison to other state agencies and coordinators.
   (d) The  board   Department of Conservation
 shall provide technical assistance to state agencies for the
purpose of implementing the integrated waste management plan. 
  SEC. 294.    Section 42921.5 of the Public Resources Code
is amended to read: 
   42921.5.  (a) After January 1, 2009, the  board 
 Department of Conservation  shall determine each state
agency's or a large state facility's compliance with Section 42921,
for each year, commencing with January 1, 2007, by comparing the per
capita disposal rate in subsequent years with the equivalent per
capita disposal rate that would have been necessary for the state
agency or large state facility to comply with Section 42921 on
January 1, 2007, as calculated pursuant to subdivision (d).
   (b) In making a determination whether a state agency or large
state facility is in compliance with the requirements of Section
42921, the  board   Department of Conservation
 may consider an agency's or facility's per capita disposal rate
as a factor in determining whether the state agency or large state
facility is adequately implementing its integrated waste management
plan. The  board   Department of Conservation
 shall not consider a state, agency, or large state facility's
per capita disposal rate to be determinative when considering whether
the agency or facility is implementing its integrated waste
management plan.
   (c) When determining whether an agency or facility is in
compliance with Section 42921, the  board  
Department of Conservation  shall consider that an increase in
the per capita disposal rate is a result of disposal amounts
increasing faster than the growth of the state agency or large state
facility. The  board   Department of
Conservation  shall use an increase in the per capita disposal
rate that is in excess of the equivalent per capita disposal rate as
a factor in determining whether the  board  
Department of Conservation  is required to more closely examine
the agency's or facility's plan implementation efforts. If indicated
by this examination, the  board   Department of
Conservation  may require a state agency or large state facility
to expand existing programs or implement new programs.
   (d) (1) Except as provided in paragraph (2), "per capita disposal"
or "per capita disposal rate" means the total annual disposal by a
state agency or large state facility, in pounds, divided by total
number of employees in that state agency or large state facility, and
divided by 365 days.
   (2) The  board   Department of Conservation
 may alternatively define per capita disposal or per capita
disposal rate for a state agency or large state facility that has a
significant amount of disposal from nonemployees or for other reasons
that would make calculation of per capita disposal by the number of
employees inaccurate. 
  SEC. 295.    Section 42924 of the Public Resources Code is
amended to read: 
   42924.  (a) On or before February 15, 2000, the  board
  Department of Conservation  shall develop and
adopt requirements relating to adequate areas for collecting,
storing, and loading recyclable materials in state buildings. In
developing the requirements, the  board  
Department of Conservation  may rely on the model ordinance
adopted pursuant to Chapter 18 (commencing with Section 42900).
   (b) Each state agency or large state facility, when entering into
a new lease, or renewing an existing lease, shall ensure that
adequate areas are provided for, and adequate personnel are available
to oversee, the collection, storage, and loading of recyclable
materials in compliance with the requirements established pursuant to
subdivision (a).
   (c) In the design and construction of state agency offices and
facilities, the Department of General Services shall allocate
adequate space for the collection, storage, and loading of recyclable
materials in compliance with the requirements established pursuant
to subdivision (a). 
  SEC. 296.    Section 42925 of the Public Resources Code is
amended to read: 
   42925.  (a) Any cost savings realized as a result of the state
agency integrated waste management plan shall, to the extent
feasible, be redirected to the agency's integrated waste management
plan to fund plan implementation and administration costs, in
accordance with Sections 12167 and 12167.1 of the Public Contract
Code.
   (b) The  board   Department of Conservation
 shall establish and implement a waste reduction award program
for state agencies and large state facilities that develop, adopt,
and implement innovative and effective integrated waste management
plans in compliance with this chapter. 
  SEC. 297.    Section 42926 of the Public Resources Code is
amended to read: 
   42926.  (a) In addition to the information provided to the
 board   Department of Conservation 
pursuant to Section 12167.1 of the Public Contract Code, each state
agency shall submit an annual report to the  board 
 Department of Conservation  summarizing its progress in
reducing solid waste as required by Section 42921. The annual report
shall be due on or before September 1, 2009, and on or before
September 1 in each subsequent year. The information in this report
shall encompass the previous calendar year.
   (b) Each state agency's annual report to the  board
  Department of Conservation  shall, at a minimum,
include all of the following:
   (1) Calculations of annual disposal reduction.
   (2) Information on the changes in waste generated or disposed of
due to increases or decreases in employees, economics, or other
factors.
   (3) A summary of progress made in implementing the integrated
waste management plan.
   (4) The extent to which the state agency intends to utilize
programs or facilities established by the local agency for the
handling, diversion, and disposal of solid waste. If the state agency
does not intend to utilize those established programs or facilities,
the state agency shall identify sufficient disposal capacity for
solid waste that is not source reduced, recycled, or composted.
   (5) Other information relevant to compliance with Section 42921.
   (c) The  board   Department of Conservation
 shall use, but is not limited to the use of, the annual report
in the determination of whether the agency's integrated waste
management plan needs to be revised. 
  SEC. 298.    Section 42927 of the Public Resources Code is
amended to read: 
   42927.  (a)  A community college district shall give first
priority for the expenditure of the revenues derived from the sale of
recyclable materials resulting from the implementation of the
district's integrated waste management plan for the purposes of
offsetting the recycling program costs imposed pursuant to this
chapter.
   (b) A community college district shall expend all cost savings
that result from implementation of the district's integrated waste
management plan pursuant to this chapter to fund the continued
implementation of the plan consistent with the requirement that
revenues from the sale of recyclable materials be used to offset
recycling program costs, as specified in Sections 12167 and 12167.1
of the Public Contract Code.
   (c) A community college district shall provide information on the
quantities of recyclable materials collected for recycling annually
to the  board   Department of Conservation 
, according to a schedule determined by the  board 
 Department of Conservation  and the district. 
  SEC. 299.    Section 42951 of the Public Resources Code is
amended to read: 
   42951.  (a) Every person who engages in the transportation of
waste or used tires shall hold a valid waste and used tire hauler
registration, unless exempt as specified in Section 42954.
   (b) A registered waste and used tire hauler shall only transport
waste or used tires to a facility that is permitted, excluded,
exempted, or otherwise authorized by the  board 
 Department of Toxic Substances Control  , by statute, or by
regulation, to accept waste and used tires, or to a facility that
lawfully accepts waste or used tires for reuse or disposal. 
  SEC. 300.    Section 42952 of the Public Resources Code is
amended to read: 
   42952.  Except as provided in Section 42954, any person engaged in
transporting waste or used tires shall comply with all of the
following requirements:
   (a) The person shall be registered as a waste and used tire hauler
with the  board   Department of Toxic
Substances Control  .
   (b) The person shall not advertise or represent himself or herself
as being in the business of a waste and used tire hauler without
being registered as a waste and used tire hauler by the 
board   Department of To   xic Substances
Control  . 
  SEC. 301.    Section 42953 of the Public Resources Code is
amended to read: 
   42953.  Any person who gives, contracts, or arranges with another
person to transport waste or used tires shall utilize only a person
holding a valid waste and used tire hauler registration from the
 board   Department of Toxic Substances Control
 , unless the hauler is exempt as specified in Section 42954.

  SEC. 302.    Section 42954 of the Public Resources Code is
amended to read: 
   42954.  (a) A person who hauls waste or used tires is exempt from
registration under this chapter if at least one of the following
conditions is met:
   (1) The person transports fewer than 10 waste or used tires at any
one time.
   (2) The person is, or hauls used and waste tires in a vehicle
owned and operated by, the United States, the State of California, or
any county, city, town, or municipality in the state, except when
vehicles the public agency owns or operates are used as a waste and
used tire carrier for hire.
   (3) The waste or used tires were inadvertently mixed or commingled
with solid waste, and it is not economical or safe to remove or
recover them.
   (4) The vehicle originated outside the boundaries of the state and
is destined for a point outside the boundaries of the state, if no
waste or used tires are loaded or unloaded within the boundaries of
the state.
   (5) The person is hauling waste or used tires for agricultural
purposes. However, notwithstanding Section 42961.5, a person hauling
waste or used tires for agricultural purposes shall carry a manifest
from the generator in the vehicle during transportation, which may be
destroyed after delivery.
   (6) The waste or used tires were hauled by a common carrier who
transported something other than waste or used tires to an original
destination point and then transported waste or used tires on the
return part of the trip, and the revenue derived from the waste or
used tires is incidental when compared to the revenue earned by the
carrier.
   (7) The person, who is not a waste tire generating business, is
transporting waste or used tires to an amnesty day event or to a
location as defined in subdivision (b) of Section 42951, and has
received written authorization, which includes specific conditions
and dates, from the local enforcement agency. The local enforcement
agency shall provide copies of any written authorizations to the
 board   Department of Toxic Substances Control
 within 30 days of their issuance.
   (8) The person complies with any additional conditions for
exemption, as approved by the  board  
Department of Toxic Substances Control  .
   (b) Any person who transports tires in violation of subdivision
(b) of Section 42951 shall not be exempt pursuant to subdivision (a).

  SEC. 303.    Section 42955 of the Public Resources Code is
amended to read: 
   42955.  An application for a new or renewed waste and used tire
hauler registration shall be made on a form approved by the 
board   Department of Toxic Substances Control  .
The application shall include, but not be limited to, all of the
following:
   (a) A vehicle description, vehicle identification number, vehicle
license number, and the name of the registered vehicle owner for each
vehicle used for transporting waste or used tires.
   (b) The business name under which the hauler operates, and the
business owners' name, address, and telephone number.
   (c) Other business names under which the hauler operates.
   (d) A bond in favor of the State of California in the amount of
ten thousand dollars ($10,000). Proof of bond renewal shall be
submitted with the application for annual renewal of a waste and used
tire hauler registration.
                                                     (e) Any
additional information required by the  board  
Department of Toxic Substances Control  . 
  SEC. 304.    Section 42956 of the Public Resources Code is
amended to read: 
   42956.  (a) Upon approval of an application submitted pursuant to
Section 42955, the  board   Department of Toxic
Substances Control  shall issue a waste and used tire hauler
registration to be carried in the vehicle and a waste and used tire
hauler decal to be permanently affixed to the lower right hand corner
of the windshield.
   (b) Any person who operates a vehicle or who authorizes the
operation of a vehicle that transports 10 or more tires without a
valid and current waste and used tire hauler registration, as issued
by the  board   Department of Toxic Substances
Control  pursuant to Section 42955, shall be subject to the
enforcement actions specified in Article 4 (commencing with Section
42962).
   (c) The waste and used tire hauler registration shall be presented
upon demand of an authorized representative of the  board
  Department of Toxic Substances Control  . 
  SEC. 305.    Section 42960 of the Public Resources Code is
amended to read: 
   42960.  (a) The  board   Department of Toxic
Substances Control  may suspend, revoke, or deny a waste and
used tire hauler registration for a period of up to three years, by
filing an accusation in accordance with the procedures of Sections
11505 to 11519, inclusive, of the Government Code, if the holder of
the registration does any of the following:
   (1) Commits more than three violations of, or fails to comply with
any requirements of, this chapter or Chapter 16 (commencing with
Section 42800), or the regulations adopted pursuant to those
provisions, within a one year period.
   (2) Commits, aids, or abets any violation of this chapter or
Chapter 16 (commencing with Section 42800), or the regulations
adopted pursuant to those provisions, or permits an agent to do so,
and the  board   Department of Toxic Substances
Control  determines that the violation poses an immediate threat
of harm to public safety or to the environment.
   (3) Commits, aids, or abets a failure to comply with this chapter
or Chapter 16 (commencing with Section 42800), or the regulations
adopted pursuant to those provisions, or permits an agent to do so,
and the  board   Department of Toxic Substances
Control  determines that the failure to comply shows a repeating
or recurring occurrence or that the failure to comply may pose a
threat to public health or safety or the environment.
   (4) Commits any misrepresentation or omission of a significant
fact or other required information in the application for a waste and
used tire hauler registration or commits any misrepresentation or
omission of fact on any manifest more than three times in one year.
   (b) The  board   Department of Toxic
Substances Control  may suspend, revoke, or deny a waste and
used tire hauler registration for a period of three years to five
years, or may suspend, revoke, or deny a waste and used tire hauler
registration permanently, in accordance with the procedures specified
in subdivision (a), under any of the following circumstances:
   (1) The hauler's registration has been previously revoked or
denied for any violation specified in subdivision (a).
   (2) The hauler has been previously fined pursuant to this chapter
or Chapter 16 (commencing with Section 42800).
   (3) The  board   Department of Toxic
Substances Control  determines that the hauler's operations pose
a significant threat to public health and safety. 
  SEC. 306.    Section 42961 of the Public Resources Code is
amended to read: 
   42961.  If the  board   Department of Toxic
Substances Control  denies an application for registration, the
applicant may request a hearing by the  board  
Department of Toxic Substances Control  . 
  SEC. 307.    Section 42961.5 of the Public Resources Code
is amended to read: 
   42961.5.  (a) For purposes of this chapter, the following
definitions shall apply:
   (1) "California Uniform Waste and Used Tire Manifest" means a
shipping document signed by a generator of waste or used tires, a
waste and used tire hauler, or the operator of a waste or used tire
facility or other destination that contains all of the information
required by the  board   Department of Toxic
Substances Control  , including, but not limited to, an accurate
measurement of the number of tires being shipped, the type or types
of the tires, the date the shipment originated, and the origin and
intended final destination of the shipment.
   (2) "Waste and used tire hauler" means any person required to be
registered with the  board  Department of Toxic
Substances Control  pursuant to subdivision (a) of Section
42951.
   (b) Any person generating waste or used tires that are transported
or submitted for transportation, for offsite handling, altering,
storage, disposal, or for any combination thereof, shall complete a
California Uniform Waste and Used Tire Manifest, as required by the
 board   Department of Toxic Substances Control
 . The generator shall provide the manifest to the waste and
used tire hauler at the time of transfer of the tires. Each generator
shall submit to the  board   Department of
Toxic Substances Control  , on a quarterly schedule, a legible
copy of each manifest. The copy submitted to the  board
  Department of Toxic Substances Control  shall
contain the signatures of the generator and the waste and used tire
hauler.
   (c) (1) Any waste and used tire hauler shall have the California
Uniform Waste and Used Tire Manifest in his or her possession while
transporting waste or used tires. The manifest shall be shown upon
demand to any representative of the  board  
Department of Toxic Substances Control  , any officer of the
 Department of the  California Highway Patrol, any peace
officer, as defined in Section 830.1 or 830.2 of the Penal Code, or
any local public officer designated by the  board 
 Department of Toxic Substances Control  .
   (2) Any waste and used tire hauler hauling waste or used tires for
offsite handling, altering, storage, disposal, or any combination
thereof, shall complete the California Uniform Waste and Used Tire
Manifest as required by the  board   Department
of Toxic Substances Control  . The waste and used tire hauler
shall provide the manifest to the waste or used tire facility
operator who receives the waste or used tires for handling, altering,
storage, disposal, or any combination thereof. Each waste and used
tire hauler shall submit to the  board  
Department of Toxic Substances Control  , on a quarterly
schedule, a legible copy of each manifest. The copy submitted to the
 board   Department of Toxic Substances Control
 shall contain the signatures of the generator and the facility
operator.
   (d) Each waste or used tire facility operator that receives waste
or used tires for handling, altering, storage, disposal, or any
combination thereof, that was transported with a manifest pursuant to
this section, shall submit copies of each manifest provided by the
waste and used tire hauler to the  board  
Department of Toxic Substances Control  and the generator on a
quarterly schedule. The copy submitted to the  board
  Department of Toxic Substances Control  shall
contain the signatures of each generator, each transporter, and the
facility operator. If approved by the  board  
Department of Toxic Substances Control  , in lieu of submitting
a copy of each manifest used, a facility operator may submit an
electronic report to the  board meeting the requirements of
Section 42814   Department of Toxic Substances Control
 .
   (e) The  board   Department of Toxic
Substances Control  shall develop and implement a system for
auditing manifests submitted to the  board  
Department of Toxic Substances Control  pursuant to this
section, for the purpose of enforcing this section. The 
board   Department of Toxic Substances Control  or
its agent shall continuously conduct random sampling and matching of
manifests submitted by any person generating waste or used tires,
hauling waste or used tires, or operating waste or used tire
facilities, to assure compliance with this section.
   (f) (1) If approved by the  board   Departm
  ent of Toxic Substances Control  , any waste and used
tire generator, waste and used tire hauler, or operator of a waste
tire facility that is subject to the manifest requirements of this
section, may submit an electronic report to the  board
  Department of Toxic Substances Control , in lieu
of submitting the copy of the manifest required. The electronic
report shall include all information required to be on the California
Uniform Waste and Used Tire Manifest, and any other information
required by the  board   Department of Toxic
Substances Control  .
   (2) A waste and used tire generator, waste and used tire hauler,
or operator of a waste tire facility that is subject to paragraph (1)
may submit the electronic reports to the  board 
 Department of Toxic Substances Control  on a quarterly
schedule. 
  SEC. 308.    Section 42962 of the Public Resources Code is
amended to read: 
   42962.  (a) Any person who does any of the following shall be
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000) for each violation of a separate provision or for
continuing violations for each day that violation continues:
   (1) Intentionally or negligently violates any permit, rule,
regulation, standard, or requirement issued or adopted pursuant to
this chapter.
   (2) Knowingly, or with reckless disregard, makes any false
statement or representation in any application, manifest, record,
report, permit, or other document filed, maintained, or used for
purposes of compliance with this chapter.
   (b) Liability under subdivision (a) may be imposed in a civil
action.
   (c) In addition to the civil penalty that may be imposed pursuant
to subdivision (a), the  board   Department of
Toxic Substances Control  may impose civil penalties
administratively in an amount not to exceed five thousand dollars
($5,000) for each violation of a separate provision or for continuing
violations for each day that violation continues, on any person who
intentionally or negligently violates any permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this chapter.
The  board   Department of Toxic Substances
Control  shall adopt regulations that specify the procedures and
amounts for the imposition of administrative civil penalties
pursuant to this subdivision. 
  SEC. 309.    Section 42962.5 of the Public Resources Code
is amended to read: 
   42962.5.  Any traffic officer, as defined in Section 625 of the
Vehicle Code, and any peace officer, as specified in Section 830.1 of
the Penal Code, may enforce this chapter as authorized
representatives of the  board   Department of
Toxic Substances Control  . 
  SEC. 310.    Section 42963 of the Public Resources Code is
amended to read: 
   42963.  (a) This chapter, or any regulations adopted pursuant to
Section 42966, is not a limitation on the power of a city, county, or
district to impose and enforce reasonable land use conditions or
restrictions on facilities that handle waste or used tires in order
to protect the public health and safety or the environment, including
preventing or mitigating potential nuisances, if the conditions or
restrictions do not conflict with, or impose less stringent
requirements than, this chapter or those regulations. However, this
chapter, including any regulations that are adopted pursuant to
Section 42966, is intended to establish a uniform statewide program
for the regulation of waste and used tire haulers that will prevent
the illegal disposal of tires, but which will not subject waste and
used tire haulers to multiple registration or manifest requirements.
Therefore, any local laws regulating the transportation of waste or
used tires are preempted by this chapter.
   (b) Upon request of a city, county, or city and county, the
 board   Department of Toxic Substances Control
 may designate, in writing, that city, county, or city and
county to exercise the enforcement authority granted to the 
board   Department of Toxic Substances Control 
under this chapter. A city, county, or city and county designated by
the  board   Department of Toxic Substances
Control  pursuant to this subdivision shall follow the same
procedures set forth for the  board   Department
of Toxic Substances Control  under this article. This
designation shall not limit the authority of the  board
  Department of Toxic Substances Control  to take
action it deems necessary or proper to ensure the enforcement of this
chapter. 
  SEC. 311.    Section 42964 of the Public Resources Code is
amended to read: 
   42964.  The  board   Department of Toxic
Substances Control  may expend funds from the California Tire
Recycling Management Fund, upon appropriation by the Legislature, for
purposes of implementation of this chapter. 
  SEC. 312.    Section 42966 of the Public Resources Code is
amended to read: 
   42966.  The  board   Department of Toxic
Substances Control  shall administer this chapter. The 
board   Department of Toxic Substances Control  may
adopt any regulations necessary or useful to carry out this chapter
or any of the  board's   Department of Toxic
Substances Control's  duties or responsibilities imposed
pursuant to this chapter. The  board  
Department of Toxic Substances Control  shall initially, as soon
as possible, adopt emergency regulations in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and for the purposes of that chapter,
including Section 11349.6 of the Government Code, the adoption of
these regulations is an emergency and shall be considered by the
Office of Administrative Law as necessary for safety, and general
welfare. Emergency regulations adopted pursuant to this section shall
remain in effect for a period not to exceed 120 days. 
  SEC. 313.    Section 42967 of the Public Resources Code is
amended to read: 
   42967.  (a) The costs of administering this chapter shall be paid
from fees deposited in the California Tire Recycling Management Fund
pursuant to  subdivision (i) of  Section 42889.
   (b) The  board   Department of Toxic
Substances Control  may develop a legislative proposal for an
alternative fee system for the payment of the costs of administering
this chapter and submit that proposal to the Legislature for its
consideration as part of the 1994-95 fiscal year budget review
process. 
  SEC. 314.    Section 43020 of the Public Resources Code is
amended to read: 
   43020.  The  board  Department of Toxic
Substances Control  shall adopt and revise regulations which set
forth minimum standards for solid waste handling, transfer,
composting, transformation, and disposal, in accordance with this
division, and Section 117590 of, and Chapter 6.5 (commencing with
Section 25100) of Division 20 of, the Health and Safety Code. The
 board   Department of Toxic Substances Control
 shall not include any requirements that are already under the
authority of the State Air Resources Board for the prevention of air
pollution or of the state water board for the prevention of water
pollution. 
  SEC. 315.    Section 43020.1 of the Public Resources Code
is amended to read: 
   43020.1.  (a) As part of the existing regulatory review process
for regulations adopted pursuant to this article, the  board
  Department of Toxic Substances Control  may
consider whether the operational requirements that apply to
nonhazardous wood waste landfills should differ from the operational
requirements that apply to other categories of solid waste landfills,
such as those used for the disposal of municipal solid waste. If the
 board   Department of Toxic Substances Control
 determines that the operational requirements that apply to
nonhazardous wood waste landfills should differ from the operational
requirements that apply to other categories of solid waste landfills,
such as those used for the disposal of municipal solid waste, the
 board   Department of Toxic Substances Control
 shall revise its regulations accordingly.
   (b) For the purposes of this section, "nonhazardous wood waste
landfill" means a landfill that exclusively accepts untreated bark,
sawdust, shavings, and chips that are the byproducts of primary wood
product manufacturing and processes that are not used as raw material
and that are destined for disposal. "Nonhazardous wood waste
landfill" does not include any landfill that accepts chemically
treated or adulterated bark, sawdust, shavings, and chips that are
the byproducts of primary wood product manufacturing and processes
that are not used as raw material and that are destined for disposal.

   (c) Nothing in this section is intended to authorize the
board   Department of Toxic Substances Control  to
adopt regulations which are less stringent than those adopted by the
Environmental Protection Agency pursuant to Part 256 (commencing with
Section 256.01) of Title 40 of the Code of Federal Regulations. 

  SEC. 316.    Section 43030 of the Public Resources Code is
amended to read: 
   43030.  (a) The  board   Department of Toxic
Substances Control  shall adopt regulations that are consistent
with Section 40055 governing the monitoring and control of the
subsurface migration of landfill gas.
   (b) The  board   Department of Toxic
Substances Control  shall consult with the state water board,
the State Air Resources Board, and the California Air Pollution
Control Officers Association to ensure that the regulations do not
conflict with any regulations adopted by the state water board and
the State Air Resources Board or air pollution control districts and
air quality management districts.
   (c) The regulations adopted by the  board  
Department of Toxic Substances Control  pursuant to subdivision
(a) shall establish monitoring and control standards, based on the
potential of the waste to generate landfill gas, as determined by the
 board   Department of Toxic Substances Control
 , and shall require owners and operators of disposal sites or
disposal facilities to report monitoring data and to perform, or
cause to be performed, site inventories and evaluations of disposal
sites or disposal facilities for the subsurface migration of landfill
gas.
   (d) If an owner or operator of a disposal site or disposal
facility is in compliance with requirements of the air pollution
control district or the air quality management district within whose
jurisdiction the disposal site or disposal facility is located, the
owner or operator shall be deemed to be in compliance with this
section and with any regulations adopted by the  board
  Department of Toxic Substances Control  pursuant
to this section. However, owners or operators of disposal sites and
disposal facilities shall be required to comply with regulations
adopted by the  board   Department of Toxic
Substances Control  pursuant to this section, which impose
requirements not addressed by the requirements of the air pollution
control district or the air quality management district within whose
jurisdiction the disposal site or disposal facility is located. 
  SEC. 317.    Section 43035 of the Public Resources Code is
amended to read: 
   43035.  (a) The  board   Department of Toxic
Substances Control  , in cooperation with the Office of
Emergency Services, shall develop an integrated waste management
disaster plan to provide for the handling, storage, processing,
transportation, and diversion from disposal sites, or provide for
disposal at a disposal site where absolutely necessary, of solid
waste, resulting from a state of emergency or a local emergency, as
defined, respectively, in subdivisions (b) and (c) of Section 8558 of
the Government Code.
   (b) The  board   Department of Toxic
Substances Control  may adopt regulations, including emergency
regulations, necessary to carry out the integrated waste management
disaster plan. 
  SEC. 318.    Section 43040 of the Public Resources Code is
amended to read: 
   43040.  (a) The  board   Department of Toxic
Substances Control  shall adopt standards and regulations
requiring that, as a condition for the issuance, modification,
revision, or review of a solid waste facilities permit for a disposal
facility, the operator of the disposal facility shall provide
assurance of adequate financial ability to respond to personal injury
claims and public or private property damage claims resulting from
the operations of the disposal facility which occur before closure.
   (b) To the extent practicable and consistent with federal law and
regulations, the  board   California Integrated
Waste Management Board  and the state water board shall, on or
before January 1, 1994, develop a work plan for combining financial
assurance requirements for operating liability with financial
assurance requirements for corrective actions into one mechanism
which provides appropriate coverage for both purposes. 
  SEC. 319.    Section 43050 of the Public Resources Code is
amended to read: 
   43050.  (a) On or before January 1, 2008, the  board
  California Integrated Waste Management Board 
shall conduct a study to define the conditions that potentially
affect solid waste landfills, including technologies and engineering
controls designed to mitigate potential risks, in order to identify
potential long-term threats to public health and safety and the
environment. The  board   California Integrated
Waste Management Broad  shall also study various financial
assurance mechanisms that would protect the state from long-term
postclosure and corrective action costs in the event that a landfill
owner or operator fails to meet its legal obligations to fund
postclosure maintenance or corrective action during the postclosure
period. The  board   California Integrated Waste
Management Board  , on or before July 1, 2009, shall adopt
regulations and develop recommendations for needed legislation to
implement the findings of the study.
   (b) In conducting the study described in subdivision (a), the
 board   California Integrated Waste Management
Board  shall consult with representatives of the League of
California Cities, the County Supervisors Association of California,
private and public waste services, and environmental organizations.

  SEC. 320.    Section 43101 of the Public Resources Code is
amended to read: 
   43101.  The Legislature hereby finds and declares as follows:
   (a) The board and the state water board have submitted a report
entitled Joint Report: Reforming the California Solid Waste Disposal
Regulatory Process, and have recommended legislation to the Governor
and the Legislature that identifies areas of regulatory overlap,
conflict, and duplication and makes recommendations for change.
   (b) The report found that regulatory overlap, conflict, and
duplication were evident between the board and the state water board
and between the board and local enforcement agencies and that
regulatory reform was necessary to streamline the state's solid waste
disposal regulatory process. In addition, it was found that a
recasting of the solid waste facilities permit was warranted to make
more efficient and streamlined the permitting and regulation of solid
waste disposal facilities. The report also makes numerous other
appropriate recommendations for improving the manner in which the
management of solid waste is regulated by the state which require
immediate legislative response.
   (c) It is, therefore, the intent of the Legislature, in enacting
this chapter, and in making the necessary revisions to this division
and Division 7 (commencing with Section 13000) of the Water Code by
the act enacting this chapter, to accomplish all of the following:
   (1) As provided by Sections 40054 and 40055, the  board
  Department of   Toxic Substances Control
 , the state water board, and the regional water boards shall
retain their appropriate statutory authority over solid waste
disposal facilities and sites. A clear and concise division of
authority shall be maintained in both statute and regulation to
remove all areas of overlap, duplication, and conflict between the
 board   Department of Toxic Substances Control
 and the state water board and regional water boards, or between
the  board   Department of Toxic Substances
Control  and any other state agency, as appropriate.
   (2) The state water board and regional water boards shall be the
sole agencies regulating the disposal and classification of solid
waste for the purpose of protecting the waters of the state,
consistent with Section 40055, and the  board  
Department of Toxic Substances Control  and the certified local
enforcement agencies shall regulate all other aspects of solid waste
disposal within the scope of their appropriate regulatory authority.
   (3) To effectuate that clear division of authority, the 
board  Department of Toxic Substances Control  and
the state water board shall develop one consolidated set of solid
waste disposal facility regulations where distinct chapters are
written and implemented by the appropriate agency, and one
consolidated permit application, including one technical report to
incorporate the requirements of both the solid waste facilities
permit and waste discharge requirements.
   (4) The process and timeframe for the review and approval of the
consolidated application shall be revised to allow, to the greatest
extent feasible, for the concurrent development and review of the
waste discharge requirements and the solid waste facilities permit.
The intent of this permit streamlining effort is to shorten the
overall timeframe for processing a permit and to accommodate
concurrent reviews by the local enforcement agency and the regional
water boards within a set timeframe.
   (5) Any details of a concurrent permit approval process shall be
worked out in an implementation plan that is developed jointly by the
 board   Department of Toxic Substances Control
 and state water board with input from interested parties.
                                   (6) If practicable, joint
inspections of facilities shall be conducted by the board
  Department of Toxic Substances Control  ,
regional water boards, and local enforcement agencies, and inspection
reports shall be shared with any other affected state or local
agency.
   (7) The closure and postclosure maintenance requirements of the
 board   Department of Toxic  
Substances Control  and the state water board for solid waste
landfills shall be combined into one set of consolidated regulations
which require one closure and postclosure maintenance plan to be
prepared for each solid waste landfill.
   (8) A clear and concise division of responsibilities shall be
maintained to minimize overlap and duplication of permitting,
inspection, and compliance duties between the  board
 Department of Toxic Substances Control  and certified
local enforcement agencies. The  board's  
Department of Toxic Substances Control's  primary role in regard
to permitting and compliance shall be to provide technical
assistance and ongoing training and support to local enforcement
agencies, to ensure a local enforcement agency's performance in
complying with state minimum standards, and to review permits and
other documents submitted by local enforcement agencies for 
board   Department of Toxic Substances Control 
concurrence or approval. The  board   Department
of Toxic Substances Control  shall strengthen the state
certification and evaluation program for local enforcement agencies
and shall set clear and uniform standards to be met by local
enforcement agencies.
   (9) The Solid Waste Disposal Site Cleanup and Maintenance Account
shall be abolished and a solid waste disposal fee established for
deposit in the Integrated Waste Management Account which provides
adequate funding for all obligations imposed pursuant to this
division. In addition, the costs of the state water board and the
regional water boards of regulating solid waste facilities shall be
funded from the account.
   (10) The Solid Waste Assessment Test Program shall continue
operating with resources from the Integrated Waste Management Account
until all of the ranked solid waste disposal sites are reviewed.
   (11) Responsibility for establishing and enforcing financial
responsibility requirements for solid waste landfills, from operation
through to cleanup, shall, to the greatest extent practicable and
consistent with applicable federal law, be consolidated into one set
of regulations administered by the  board  
Department of Toxic Substances Control  , in consultation with
the state water board.
   (12) At a minimum, the financial assurance requirements for
closure and postclosure maintenance shall be combined, and the
requirements for corrective action and operating liability shall be
reviewed, as required by subdivision (b) of Section 43040, to
determine if there can be further consolidation of financial
assurance requirements for solid waste landfills.
   (13) The state water board or the appropriate regional water board
shall have access to the financial assurance funds for closure and
postclosure activities and to financial assurance funds for
corrective action, as necessary, to address water quality problems,
if the owner or operator has failed to implement the required closure
and postclosure activities or corrective action activities.
   (d) It is the intent of the Legislature, in enacting this chapter,
and in making the necessary revisions to this division and Division
7 (commencing with Section 13000) of the Water Code, to ensure that
the state minimum standards for environmental protection at solid
waste disposal facilities are not reduced. 
  SEC. 321.    Section 43103 of the Public Resources Code is
amended to read: 
   43103.  The  board   Department of Toxic
Substances Control  and the state water board shall adopt
regulations for the implementation of the changes required by this
chapter, and the act adding this chapter. 
  SEC. 322.    Section 43200 of the Public Resources Code is
amended to read: 
   43200.  (a) The  board   Department of Toxic
Substances Control  shall prepare and adopt certification
regulations for local enforcement agencies. The regulations shall
specify requirements that a local agency shall meet before being
designated as an enforcement agency. The regulations shall include,
but are not limited to, all of the following:
   (1) Technical expertise.
   (2) (A) Adequacy of staff resources.
   (B) For the purposes of this paragraph, the  board
  Department of Toxic Substances Control  shall
adopt regulations for specified enforcement agencies, as defined in
subparagraph (C), which meet all of the following requirements:
   (i) The regulations shall not require a specific number of
person-hours or staff resources for the performance of duties as a
specified enforcement agency.
   (ii) The regulations shall establish performance standards for
specified enforcement agencies which will provide a comparable level
of public health and safety and environmental protection to that
required of other local agencies certified pursuant to this article.
   (iii) The regulations shall establish procedures to ensure that
all duties required of specified enforcement agencies pursuant to
this article are actually performed.
   (iv) The regulations shall require specified enforcement agency
personnel to receive a comparable level of training to that required
of personnel employed by other local agencies certified pursuant to
this article.
   (C) For the purposes of subparagraph (B), "specified enforcement
agency" means a local enforcement agency which has a population of
less than 50,000 persons.
   (3) Adequacy of budget resources.
   (4) Training requirements.
   (5) The existence of at least one permitted solid waste facility
within the jurisdiction of the local agency. For the purposes of this
paragraph, "permitted solid waste facility" includes a proposed
solid waste facility for which an environmental impact report or
negative declaration has been prepared and certified pursuant to
Division 13 (commencing with Section 21000) or for which a
conditional use permit has been issued by a city or county.
   (b) The regulations adopted pursuant to subdivision (a) shall
specify four separate types of certifications for which an
enforcement agency may be designated, as follows:
   (1) Permitting, inspection, and enforcement of regulations at
solid waste landfills.
   (2) Permitting, inspection, and enforcement of solid waste
incinerators.
   (3) Permitting, inspection, and enforcement of transfer and
processing stations.
   (4) Inspection and enforcement of litter, odor, and nuisance
regulations at solid waste landfills. 
  SEC. 323.    Section 43201 of the Public Resources Code is
amended to read: 
   43201.  After August 1, 1992, no enforcement agency shall be
designated pursuant to this article unless the  board
  Department of Toxic Substances Control 
determines that the agency fully complies with one or more of the
certification types specified in Section 43200. No enforcement agency
shall, after August 1, 1992, exercise the powers of an enforcement
agency pursuant to this chapter unless the agency has been certified
by the  board   Department of Toxic Substances
  Control  . 
  SEC. 324.   Section 43202 of the Public Resources Code is
amended to read: 
   43202.  An enforcement agency may be designated by the local
governing body and certified by the  board  
Department of Toxic Substances Control  to act to carry out this
chapter within each jurisdiction. If an enforcement agency is not
designated and certified, the  board  
Department of Toxic Substances Control  , in addition to its
other powers and duties, shall be the enforcement agency within the
jurisdiction, subject to the agreement required pursuant to Section
43212.1 or 43310.1. 
  SEC. 325.    Section 43204 of the Public Resources Code is
amended to read: 
   43204.  No enforcement agency may exercise the powers and duties
of an enforcement agency until the designation is approved by the
 board   Department of Toxic Substances Control
 . After August 1, 1992, the  board  
Department of Toxic Substances Control  shall not approve a
designation unless it finds that the designated enforcement agency is
capable of fulfilling its responsibilities under the enforcement
program and meets the certification requirements adopted by the
 board   Department of Toxic Substances Control
 pursuant to Section 43200. 
  SEC. 326.    Section 43205 of the Public Resources Code is
amended to read: 
   43205.  (a) Except as provided in subdivision (b), if no
enforcement agency is designated and certified, the  board
  Department of Toxic Substances Control  shall be
the enforcement agency and shall assume all the powers and duties of
an enforcement agency pursuant to this chapter, subject to the
agreement required pursuant to Section 43212.1 or 43310.1. If the
 board   Department of Toxic Substances Control
 is the enforcement agency and an enforcement agency is then
designated and certified by the  board  
Department of Toxic Substances Control  , the  board
  Department of Toxic Substances Control  shall
continue to act as the enforcement agency for the remainder of the
fiscal year, with those responsibilities terminating as of June 30,
unless otherwise specified by the  board  
Department of Toxic Substances Control  .
   (b) Notwithstanding subdivision (a), if no enforcement agency is
designated and certified for Stanislaus County or Santa Cruz County,
the  board   Department of Toxic Substances
Control  shall be the enforcement agency, and shall assume all
of the powers and duties of an enforcement agency for that county,
but shall not be required to enter into the agreement required
pursuant to Sections 43212.1 or 43310.1.
   (c) The  board   Department of Toxic
Substances Control  and the enforcement agency shall not, at any
time, impose duplicative fees or charges on the owner or operator of
a solid waste facility. 
  SEC. 327.    Section 43207 of the Public Resources Code is
amended to read: 
   43207.  No local governmental department or agency, or any
employee thereof, which is the operating unit for a solid waste
handling or disposal operation shall be the enforcement agency, or an
employee thereof, for the types of solid waste handling or disposal
operation it conducts unless authorized by the  board
  Department of Toxic Substances Control  to act in
that capacity. 
  SEC. 328.    Section 43209 of the Public Resources Code is
amended to read: 
   43209.  The enforcement agency, within its jurisdiction and
consistent with its certification by the  board 
 Department of Toxic Substances Control  , shall do all of
the following:
   (a) Enforce applicable provisions of this part, regulations
adopted under this part, and terms and conditions of permits issued
pursuant to Chapter 3 (commencing with Section  44001)
  44000.5)  .
   (b) Request enforcement by appropriate federal, state, and local
agencies of their respective laws governing solid waste storage,
handling, and disposal.
   (c) File with the  board   Department of
Toxic Substances Control  , upon its request, information the
 board   Department of Toxic Substances Control
 determines to be necessary.
   (d) Develop, implement, and maintain inspection, enforcement,
permitting, and training programs.
   (e) (1) Establish and maintain an enforcement program consistent
with regulations adopted by the  board  
Department of Toxic Substances Control  to implement this
chapter, the standards adopted pursuant to this chapter, and the
terms and conditions of permits issued pursuant to Chapter 3
(commencing with Section  44001)   44000.5)
 .
   (2) The enforcement agency may establish specific local standards
for solid waste handling and disposal subject to approval by a
majority vote of its local governing body, by resolution or
ordinance.
   (3) A standard established pursuant to this subdivision shall be
consistent with this division and all regulations adopted by the
 board   Department of Toxic Substances Control
 .
   (f) Keep and maintain records of its inspection, enforcement,
permitting, training, and regulatory programs, and of any other
official action in accordance with regulations adopted by the
 board   Department of Toxic Substances Control
 .
   (g) (1) Consult, as appropriate, with the appropriate local health
agency concerning all actions which involve health standards.
   (2) The consultation required by this subdivision shall include
affording the health agency adequate notice and opportunity to
conduct and report the evaluation as it reasonably determines is
appropriate.
   (h) Establish and maintain an inspection program.
   (1) The inspection program required by this subdivision shall be
designed to determine whether any solid waste facility is operating
under any of the following:
   (A) The facility is operating without a permit.
   (B) The facility is operating in violation of state minimum
standards.
   (C) The facility is operating in violation of the terms and
conditions of its solid waste facilities permit.
   (D)  The facility may pose a significant threat to public health
and safety or to the environment, based on any relevant information.
   (2) The inspection program established pursuant to this
subdivision shall also ensure frequent inspections of solid waste
facilities that have an established pattern of noncompliance with
this division, regulations adopted pursuant to this division, or the
terms and conditions of a solid waste facilities permit. The
inspection program may include public awareness activities,
enforcement to prevent the illegal dumping of solid waste, and the
abatement of the illegal dumping of solid waste. 
  SEC. 329.   Section 43209.1 of the Public Resources Code
is amended to read: 
   43209.1.  (a) Notwithstanding any other provision of law, if an
enforcement agency receives a complaint, pursuant to subdivision (b)
of Section 41705 of the Health and Safety Code, from an air pollution
control district or an air quality management district pertaining to
an odor emanating from a compost facility under its jurisdiction,
the enforcement agency shall, in consultation with the district, take
appropriate enforcement actions pursuant to this part.
   (b) On or before April 1, 1998, the  board  
California Integrated Waste Management Board  shall convene a
working group consisting of enforcement agencies and air pollution
control districts and air quality management districts to assist in
the implementation of this section and Section 41705 of the Health
and Safety Code. On or before April 1, 1999, the  board
  California Integrated Waste Management Board  and
the working group shall develop recommendations on odor measurement
and thresholds, complaint response procedures, and enforcement tools
and take any other action necessary to ensure that enforcement
agencies respond in a timely and effective manner to complaints of
odors emanating from composting facilities. On or before January 1,
2000, the  board   California Integrated Waste
Management Board  shall implement the recommendations of the
working group that the  board   California
Integrated Waste Management Board  determines to be appropriate.

   (c) On or before April 1, 2003, the  board  
California Integrated Waste Management Board  shall adopt and
submit to the Office of Administrative Law, pursuant to Section
11346.2 of the Government Code, regulations governing the operation
of organic composting sites that include, but are not limited to, any
of the following:
   (1) Odor management and threshold levels.
   (2) Complaint investigation and response procedures.
   (3) Enforcement tools.
   (d) This section shall become inoperative on April 1, 2003, unless
the  board   California Integrated Waste
Management Board  adopts and submits regulations governing the
operation of organic composting sites to the Office of Administrative
Law pursuant to subdivision (c) on or prior to that date. 
  SEC. 330.    Section 43210 of the Public Resources Code is
amended to read: 
   43210.  For those facilities that accept only hazardous wastes, or
accept only low-level radioactive wastes, or facilities that accept
only both, and to which Chapter 6.5 (commencing with Section 25100)
of Division 20 or Chapter 8 (commencing with Section 114960) of Part
9 of Division 104 of the Health and Safety Code applies, the 
board   Department of Toxic Substances Control 
and the enforcement agency have no enforcement or regulatory
authority. All enforcement activities for the facilities relative to
the control of hazardous wastes shall be performed by the Department
of Toxic Substances Control pursuant to Article 8 (commencing with
Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety
Code, and all enforcement activities relative to the control of
low-level radioactive waste shall be performed by the State
Department of Health Services pursuant to Chapter 8 (commencing with
Section 114960) of Part 9 of Division 104 of the Health and Safety
Code. 
  SEC. 331.    Section 43211 of the Public Resources Code is
amended to read: 
   43211.  (a) For those facilities that accept both hazardous wastes
and other solid wastes, the Department of Toxic Substances Control
shall exercise enforcement and regulatory powers relating to the
control of the hazardous wastes at the facility pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code. The  board   Department of Toxic
Substances Control  and the enforcement agency shall, at solid
waste disposal facilities, exercise enforcement and regulatory powers
relating to the control of solid wastes and asbestos-containing
waste, as provided in Section 44820.
   (b) For purposes of this section, "asbestos containing waste"
means waste that contains more than 1 percent by weight, of asbestos
that is either friable or nonfriable. 
  SEC. 332.   Section 43212 of the Public Resources Code is
amended to read: 
   43212.  (a) If the  board   Department of
Toxic Substances Control  is the enforcement agency, the
 board   Department of Toxic Substances Control
 may impose fees to recover its costs of operation on the local
governing body, a solid waste facility operator, or a solid waste
enterprise that operates within the jurisdiction of the enforcement
agency, and shall collect those fees in a manner determined by the
 board   Department of Toxic Substances Control
 and developed in consultation with the local governing body.
Any fees imposed pursuant to this section shall bear a direct
relationship to the reasonable and necessary costs, as determined by
the  board   Department of Toxic Substances
Control  , of providing for the efficient operation of the
activities or programs for which the fee is imposed.
   (b) If the  board   Department of Toxic
Substances Control  is the enforcement agency for a county and
all of the cities within that county, the local governing body shall
be the county  board   Department of Toxic
Substances Control  of supervisors for purposes of this section.

  SEC. 333.    Section 43212.1 of the Public Resources Code
is amended to read: 
   43212.1.  If the  board   Department of Toxic
Substances Control  is the enforcement agency, the local
governing body and the  board   Department of
Toxic Substances Control  shall enter into an agreement which
shall identify the jurisdictional boundaries of the enforcement
agency; address the powers and duties to be performed by the 
board   Department of Toxic Substances Control  as
the enforcement agency, and identify an estimated workload and
anticipated costs to the  board   Department of
Toxic Substances Control  . 
  SEC. 334.    Section 43214 of the Public Resources Code is
amended to read: 
   43214.  (a) The  board   Department of Toxic
Substances Control  shall develop performance standards for
evaluating certified local enforcement agencies and shall
periodically review each certified enforcement agency and its
implementation of the permit, inspection, and enforcement program.
The  board's   Department of Toxic Substances
Control's  review shall include periodic inspections of solid
waste facilities and disposal sites within the jurisdiction of each
enforcement agency for the purpose of evaluating whether the
enforcement agency is appropriately applying and enforcing state
minimum standards within its jurisdiction.
   (b) Following initial certification of an enforcement agency by
the  board   Department of Toxic Substances
Control  , the  board   Department of Toxic
Substances Control  shall conduct a performance review of the
enforcement agency every three years, or more frequently as
determined by the  board   Department of Toxic
Substances Control  .
   (c) In conducting performance reviews of enforcement agencies, the
 board   Department of Toxic Substances Control
 shall, based on the performance standards developed pursuant
to subdivision (a), determine whether each enforcement agency is in
compliance with the requirements of this article and the regulations
adopted to implement this article. If the  board 
 Department of Toxic Substances Control  finds that an
enforcement agency is not fulfilling its responsibilities pursuant to
this article and if the  board   Department of
Toxic Substances Control  also finds that this lack of
compliance has contributed to significant noncompliance with state
minimum standards at solid waste facilities or disposal sites within
the jurisdiction of the enforcement agency, the  board
  Department of Toxic Substances Control  shall
withdraw its approval of designation pursuant to Sections 43215 and
43216. Notwithstanding Sections 43215 and 43216, if the 
board   Department of Toxic Substances Control 
finds that conditions at solid waste facilities or disposal sites
within the jurisdiction of the enforcement agency threaten public
health and safety or the environment, the  board 
 Department of Toxic Substances Control  shall, within 10
days of notifying the enforcement agency, become the enforcement
agency until another enforcement agency is designated locally and
certified by the  board   Department of Toxic
Substances Control  .
   (d) The  board   Department of Toxic
Substances Control  shall find that an enforcement agency is not
fulfilling its responsibilities pursuant to this article, and may
take action as prescribed by subdivision (c), if the  board
  Department of Toxic Substances Control  , in
conducting its performance review, makes one or more of the following
findings with regard to compliance with this part and Part 5
(commencing with Section 45000):
   (1) The enforcement agency has failed to exercise due diligence in
the inspection of solid waste facilities and disposal sites.
   (2) The enforcement agency has intentionally misrepresented the
results of inspections.
   (3) The enforcement agency has failed to prepare, or cause to be
prepared, permits, permit revisions, or closure and postclosure
maintenance plans.
   (4) The enforcement agency has approved permits, permit revisions,
or closure and postclosure maintenance plans that are not consistent
with this part and Part 5 (commencing with Section 45000).
   (5) The enforcement agency has failed to take appropriate
enforcement actions.
   (6) The enforcement agency has failed to comply with, or has taken
actions that are inconsistent with, or that are not authorized by,
this division or the regulations adopted by the  board
  Department of Toxic Substances Control  pursuant
to this division. However, nothing in this paragraph is intended to
affect the authority of enforcement agencies pursuant to subdivision
(e) of Section 43209. 
  SEC. 335.   Section 43215 of the Public Resources Code is
amended to read: 
   43215.  (a) If the  board   Department of
Toxic Substances Control  , in conducting the inspection and
performance review required pursuant to Section 43214 or this
section, finds that the enforcement agency is not fulfilling one or
more of its responsibilities, the  board  
Department of Toxic Substances Control  shall notify the
enforcement agency of the particular reasons for finding that the
enforcement agency is not fulfilling its responsibilities and of the
 board's   Department of Toxic Substances
Control's  intention to withdraw its approval of the designation
if, within a time to be specified in that notification, but in no
event less than 30 days, the enforcement agency does not take the
corrective action specified by the  board  
Department of Toxic Substances Control  .
   (b) The  board   Department of Toxic
Substances Control shall adopt regulations that establish a
process for notice, public hearing, the admission of evidence, and
final action by the  board   Department of Toxic
Substances Control  for partial or full withdrawal of the
approval of designation pursuant to this chapter. 
  SEC. 336.    Section 43215.1 of the Public Resources Code
is amended to read: 
   43215.1.  The  board   Department of Toxic
Substances Co   ntrol  may, upon the written request of
an enforcement agency, provide legal counsel for purposes of
compliance with this part. 
  SEC. 337.    Section 43216 of the Public Resources Code is
amended to read: 
   43216.  If the  board   Department of Toxic
Substances Control  withdraws its approval of the designation of
an enforcement agency, another enforcement agency shall be
designated pursuant to Section 43203 within 90 days and approved by
the  board   Department of Toxic Substances
Control  . If no designation is made within 90 days, the
 board   Department of Toxic Substances Control
 shall become the enforcement agency within the jurisdiction of
the former enforcement agency. 
  SEC. 338.    Section 43216.5 of the Public Resources Code
is amended to read: 
   43216.5.  In addition to the procedures for  board
  Department of Toxic Substances Control withdrawal
of its approval of a local enforcement agency's designation pursuant
to Sections 43214, 43215, and 43216, the  board 
 Department of Toxic Substances Control  may take any
actions                                           which are
determined by the  board   Department of Toxic
Substances Control  to be necessary to ensure that local
enforcement agencies fulfill their obligations under this chapter. To
ensure that a local enforcement agency is appropriately fulfilling
its obligations under this chapter and implementing regulations, the
 board   Department of Toxic Substances Control
 may conduct more frequent inspections and evaluations within a
local enforcement agency's jurisdiction, establish a schedule and
probationary period for improved performance by a local enforcement
agency, assume partial responsibility for specified local enforcement
agency duties, and implement any other measures which may be
determined by the  board   Department of Toxic
Substances Control  to be necessary to improve local enforcement
agency compliance. 
  SEC. 339.    Section 43217 of the Public Resources Code is
amended to read: 
   43217.  The  board   Department of Toxic
Substances Control  shall provide ongoing training, technical
assistance, and guidance to local enforcement agencies to assist in
their decisionmaking processes. This assistance shall include, but is
not limited to, providing all of the following:
   (a) Technical studies and reports.
   (b) Copies of innovative solid waste facility operation plans.
   (c) Investigative findings and analyses of new solid waste
management practices and procedures.
   (d) A program for loaning technical and scientific equipment, to
the extent that funds are available to the  board 
 Department of Toxic Substances Control  to purchase that
equipment. 
  SEC. 340.    Section 43218 of the Public Resources Code is
amended to read: 
   43218.  Each enforcement agency shall inspect each solid waste
facility within its jurisdiction at least one time each month and
shall file, within 30 days of the inspection, a written report in a
format prescribed by the  board   Department of
Toxic Substances Control  . 
  SEC. 341.    Section 43219 of the Public Resources Code is
amended to read: 
   43219.  (a) The  board   Department of Toxic
Substances Control  may, at its discretion, conduct inspections
and investigations of solid waste facilities in order to evaluate the
local enforcement agency and to ensure that state minimum standards
are met.
   (b) Except as otherwise provided by Section 43220, the 
board   Department of Toxic Substances Control  ,
in conjunction with an inspection conducted by the local enforcement
agency, shall conduct inspections of solid waste facilities within
the jurisdiction of each local enforcement agency. The  board
  Department of Toxic Substances Control  shall
inspect the types and number of solid waste facilities which are
determined by the  board   Department of Toxic
Substances Control  to be necessary to adequately evaluate
whether the local enforcement agency is ensuring compliance by solid
waste facilities with state minimum standards. A written inspection
report shall be prepared and submitted within 30 days of the
inspection to the local enforcement agency.
   (c) If the  board   Department of Toxic
Substances Control  identifies any significant violation of
state minimum standards that were not identified and resolved through
previous inspections by the local enforcement agency, the 
board   Department of Toxic Substances Control 
shall take appropriate action as authorized by Sections 43215 and
43216.5.
   (d) Notwithstanding any other provision of this section and
Sections 43215 and 43216, if, as a result of a facility inspection
conducted pursuant to subdivision (b), the  board 
 Department of Toxic Substances Control  finds that
conditions at a solid waste facility within the jurisdiction of a
local enforcement agency threaten public health and safety or the
environment, the  board   Department of Toxic
Substances Control  shall, within 10 days of notifying the local
enforcement agency, become the enforcement agency until another
local enforcement agency is designated locally and certified by the
 board   Department of Toxic Substances Control
 . 
  SEC. 342.    Section 43220 of the Public Resources Code is
amended to read: 
   43220.  The  board   Department of Toxic
Substances Control  , in conjunction with an inspection
conducted by the local enforcement agency, shall conduct at least one
inspection every 18 months of each solid waste landfill and
transformation facility in the state. A written inspection report
shall be prepared and submitted within 30 days of the inspection to
the local enforcement agency. If the  board  
Department of Toxic Substances Control  identifies any
significant violation of state minimum standards that was not
resolved through previous inspections by the local enforcement
agency, the  board   Department of Toxic
Substances Control  shall take appropriate action as authorized
by Sections 43215 and 43216.5 and subdivision (d) of Section 43219.

  SEC. 343.    Section 43230 of the Public Resources Code is
amended to read: 
   43230.  The  board   Department of Toxic
Substances Control  shall expend funds from the account, upon
appropriation by the Legislature, for the making of grants to local
enforcement agencies to carry out the solid waste facilities permit
and inspection program pursuant to Chapter 3 (commencing with Section
 44001)   44000.5)  . The total amount of
grants made by the  board   Department of Toxic
Substances Control  pursuant to this section shall not exceed,
in any one fiscal year, one million five hundred thousand dollars
($1,500,000). 
  SEC. 344.    Section 43231 of the Public Resources Code is
amended to read: 
   43231.  The  board   Department of Toxic
Substances Control  shall adopt regulations for the
implementation of this article. 
  SEC. 345.    Section 43232 of the Public Resources Code is
amended to read: 
   43232.  All expenses which are incurred by the  board
  Department of Toxic Substances Control  in
carrying out this article are payable solely from the account. No
liability or obligation is imposed upon the state pursuant to this
part, and the  board   Department of Toxic
Substances Control  shall not incur a liability or obligation
beyond the extent to which money is provided in the account for the
purposes of this article. 
  SEC. 346.    Section 43300 of the Public Resources Code is
amended to read: 
   43300.  The  board   Department of Toxic
Substances Control  , when acting in its capacity as an
enforcement agency, may enforce all provisions of this division, and
the regulations adopted thereto, for the protection of the
environment and the public health and safety, and from nuisance. 

  SEC. 347.    Section 43301 of the Public Resources Code is
amended to read: 
   43301.  The  board   Department of Toxic
Substances Control  shall coordinate action in solid waste
handling and disposal with other federal, state, and local agencies
and private persons. 
  SEC. 348.    Section 43302 of the Public Resources Code is
amended to read: 
   43302.  The  board   Department of Toxic
Substances Control  may request enforcement by appropriate
federal, state, and local agencies of their respective laws governing
solid waste storage, handling, and disposal. 
  SEC. 349.    Section 43303 of the Public Resources Code is
amended to read: 
   43303.  The  board   Department of Toxic
Substances Control  shall develop, implement, and maintain
inspection, enforcement, and training programs. 
  SEC. 350.    Section 43304 of the Public Resources Code is
amended to read: 
   43304.  The  board   Department of Toxic
Substances Control  shall adopt an enforcement program
consisting of regulations necessary to implement this division and
the standards adopted pursuant thereto. The enforcement program shall
include a description for carrying out the permit and inspection
program pursuant to Chapter 3 (commencing with Section 44001). 
  SEC. 351.    Section 43305 of the Public Resources Code is
amended to read: 
   43305.  The  board   Department of Toxic
Substances Control  may, as it deems necessary, establish
specific local standards for solid waste handling and disposal after
consultation with the local governing body. However, the standards
shall be consistent with this division and all regulations adopted by
the  board   Department of Toxic Substances
Control  . 
  SEC. 352.    Section 43306 of the Public Resources Code is
amended to read: 
   43306.  The  board   Department of Toxic
Substances Control  shall keep and maintain records of its
inspection, enforcement, training, and regulatory programs and of any
other official action in accordance with regulations adopted by the
 board   Department of Toxic Substances Control
 . 
  SEC. 353.    Section 43307 of the Public Resources Code is
amended to read: 
   43307.  The  board   Department of Toxic
Substances Control  shall consult with the appropriate local
health agency concerning all actions which involve health standards.
The consultation shall include granting the health agency adequate
notice and opportunity to conduct and report any evaluation that it
reasonably deems appropriate. 
  SEC. 354.    Section 43308 of the Public Resources Code is
amended to read: 
   43308.  For those facilities that accept only hazardous wastes and
to which Chapter 6.5 (commencing with Section 25100) of Division 20
of the Health and Safety Code applies, or that accept only low-level
radioactive wastes and to which Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code
applies, or for those facilities that accept both, the  board
  Department of Toxic Substances Control  shall
have no enforcement or regulatory authority. Except as otherwise
provided in Section 40052, all enforcement activities for those
facilities relative to the control of hazardous wastes shall be
performed by the Department of Toxic Substances Control pursuant to
Article 8 (commencing with Section 25180) of Chapter 6.5 of Division
20 of the Health and Safety Code, and all enforcement activities for
those facilities relative to low-level radioactive wastes shall be
performed by the State Department of Health Services pursuant to
Chapter 8 (commencing with Section 114960) of Part 9 of Division 104
of the Health and Safety Code. 
  SEC. 355.    Section 43309 of the Public Resources Code is
amended to read: 
   43309.  The  board   Department of Toxic
Substances Control  may adopt regulations specifying the
operations subject to the exception in paragraph (3) of subdivision
(b) of Section 40200. The regulations shall prohibit the storing of
more than 90 cubic yards of waste in covered containers during any
72-hour period and the transfer of uncontainerized refuse from
smaller refuse hauling motor vehicles to larger refuse transfer motor
vehicles for transport to the point of ultimate disposal. 
  SEC. 356.    Section 43310 of the Public Resources Code is
amended to read: 
   43310.  If the board   Department of Toxic
Substances Control  becomes the enforcement agency, it may
charge reasonable fees to the local governing body to recover
operation costs. 
  SEC. 357.    Section 43310.1 of the Public Resources Code
is amended to read: 
   43310.1.  (a) If the  board   Department of
Toxic Substances Control  becomes the enforcement agency, on or
after January 1, 1995, the local governing body and the 
board   Department of Toxic Substances Control 
shall enter into an agreement which shall identify the jurisdictional
boundaries of the enforcement agency; address the powers and duties
to be performed by the  board   Department of
Toxic Substances Control  as the enforcement agency, and
identify an estimated workload and anticipated costs to the 
board   Department of Toxic Substances Control  .
The agreement shall also identify the cost recovery procedures to be
followed by the  board   Department of Toxic
Substances Control  pursuant to Section 43310.
   (b) If, after a good faith effort by the  board 
 Department of Toxic Substances Control  and the local
governing body, no agreement is reached between the local governing
body and the  board   Department of Toxic
Substances Control  within the 90-day period specified in
Section 43216, or within 90 days after a local governing body
notifies the  board   Department of Toxic
Substances Control  of its intent not to designate an
enforcement agency pursuant to Section 43203, the  board
  Department of Toxic Substances Control  shall
make the determinations specified in subdivision (a) that would have
been the subject of the agreement.
   (c) If the  board   Department of Toxic
Substances Control  becomes the enforcement agency for
Stanislaus County or Santa Cruz County, the  board 
 Department of Toxic Substances Control  shall impose fees
authorized pursuant to this section directly on the solid waste
facilities in those counties, and shall not require the local
governing body to impose or collect those fees. 
  SEC. 358.    Section 43501 of the Public Resources Code is
amended to read: 
   43501.  (a) A person owning or operating a solid waste landfill,
as defined in Section 40195.1, shall do both of the following:
   (1) Upon application to become an operator of a solid waste
facility pursuant to Section 44001, certify to the  board
  Department of Toxic Substances Control  and the
local enforcement agency that all of the following have been
accomplished:
   (A) The owner or operator has prepared an initial estimate of
closure and postclosure maintenance costs.
   (i) The  board   Department of Toxic
Substances Control  shall adopt regulations that provide for an
increase in the initial closure and postclosure maintenance cost
estimates to account for cost overruns due to unforeseeable
circumstances, and to provide a reasonable contingency comparable to
that which is built into cost estimates for other, similar public
works projects.
   (ii) The  board   former California
Integrated Waste Management Board  shall adopt regulations on or
before January 1, 2008, that require closure and postclosure
maintenance cost estimates to be based on reasonably foreseeable
costs the state may incur if the state would have to assume
responsibility for the closure and postclosure maintenance due to the
failure of the owner or operator. Cost estimates shall include, but
not be limited to, estimates in compliance with Sections 1770, 1773,
and 1773.1 of the Labor Code, and the replacement and repair costs
for longer lived items, including, but not limited to, repair of the
environmental control systems.
   (B) The owner or operator has established a trust fund or
equivalent financial arrangement acceptable to the  board
  Department of Toxic Substances Control  , as
specified in Article 4 (commencing with Section 43600).
   (C) The amounts that the owner or operator will deposit annually
in the trust fund or equivalent financial arrangement acceptable to
the  board   Department of Toxic Substances
Control  will ensure adequate resources for closure and
postclosure maintenance.
   (2) Submit to the regional water board, the local enforcement
agency, and the  board   Department of Toxic
Substances Control  a plan for the closure of the solid waste
landfill and a plan for the postclosure maintenance of the solid
waste landfill.
   (b) Notwithstanding subparagraph (C) of paragraph (1) of
subdivision (a) or any other provision of law, if the owner or
operator is a county with a population of 200,000 or less, as
determined by the 1990 decennial census, the county shall not be
required to make annual deposits in excess of the amount required by
the federal act or any other applicable federal law, or by any
 board-approved   Department of Toxic Substances
Control-approved  formula that meets the requirements of the
federal act.
   (c) If not in conflict with federal law or regulations, a county
or city may, with regard to a solid waste landfill owned or operated
by the county or city, base its estimate of closure and postclosure
maintenance costs on the costs of employing county or city employees
or persons under contract with the county or city in performing
closure and postclosure maintenance. However, even if, to meet
federal requirements, the cost estimate is based on the most
expensive costs of closure and postclosure maintenance performed by a
third party, the county or city may, to effect cost savings, employ
county or city employees or employ persons under contract to actually
perform closure operations or postclosure maintenance operations.

  SEC. 359.    Section 43501.5 of the Public Resources Code
is amended to read:
   43501.5.  (a) In addition to the requirements of this article, and
Section 21780 of Title 27 of the California Code of Regulations, a
person who is required to file a final closure plan shall also file
with the enforcement agency a Labor Transition Plan that includes all
of the following:
   (1) Provisions that ensure, subject to any requirements already
established pursuant to a collective bargaining agreement,
preferential reemployment and transfer rights of displaced employees
to comparable available employment with the same employer for a
period of no less than one year following the closure of the solid
waste facility.
   (2) Provisions to provide displaced employees assistance in
finding comparable employment with other employers.
   (3) Provisions to ensure compliance with all applicable provisions
of Chapter 4 (commencing with Section 1400) of Part of 4 of Division
2 of the Labor Code.
   (b) When submitting the final closure plan, the operator shall
submit, in addition to the requirements of subdivision (a), a
certification to the  board   Department of
Toxic Substances Control and the enforcement agency that the
provisions described in paragraphs (1) to (3), inclusive, of
subdivision (a), will be implemented, subject to any requirements
already established under a collective bargaining agreement.
   (c) For the purposes of this section, "comparable employment"
means the same or a substantially similar job classification at equal
or greater wage and benefit levels in the same geographic region of
the state. 
  SEC. 360.    Section 43502 of the Public Resources Code is
amended to read: 
   43502.  All documentation relating to the preparation of the
closure and postclosure maintenance costs shall be retained by the
owner or operator and shall be available for inspection by the
 board   Department of Toxic Substances Control
 or the enforcement agency at reasonable times. 
  SEC. 361.    Section 43504 of the Public Resources Code is
amended to read: 
   43504.  Pursuant to the procedural requirements in Chapter 3
(commencing with Section 44001), the enforcement agency or the
 board   Department of Toxic Substances Control
 may suspend or revoke a permit if the applicant fails within a
reasonable period of time to submit an acceptable plan for the
closure of the landfill and an acceptable plan for postclosure
maintenance of the landfill. 
  SEC. 362.    Section 43505 of the Public Resources Code is
amended to read: 
   43505.  The closure plan and the postclosure maintenance plan may
be revised only upon the filing of a written application therefor by
the owner or operator, and the approval, or amendment and approval,
by the  board   Department of Toxic Substances
Control  . 
  SEC. 363.    Section 43506 of the Public Resources Code is
amended to read: 
   43506.  (a) After receiving a complete closure plan and
postclosure maintenance plan, the regional water board shall approve
or disapprove the plans pursuant to the authority and time schedules
specified in Division 7 (commencing with Section 13000) of the Water
Code. The  board   Department of Toxic
Substances Control  shall incorporate the action of the regional
water board and shall only approve plans that include an acceptable
mechanism for providing the necessary funds to implement the plans.
   (b) In reviewing closure plans and postclosure maintenance plans
pursuant to this section, the regional water boards shall review and
take action on those portions of the plans which are related to the
protection of the waters of the state and the  board
  Department of Toxic Substances C   ontrol
 shall review and take action on the remaining portions of the
plans. 
  SEC. 364.    Section 43507 of the Public Resources Code is
amended to read: 
   43507.  The owner and operator shall, regardless of any changes
occurring during the continued operation of the landfill, close and
maintain the landfill during postclosure in accordance with the most
recent closure plan and the most recent postclosure maintenance plan
approved by the  board   Department of Toxic
Substances Control  pursuant to this article. Upon receipt of
the final shipment of solid waste, the most recent closure and
postclosure maintenance plan shall become the governing document for
the disposal site. 
  SEC. 365.    Section 43508 of the Public Resources Code is
amended to read: 
   43508.  The  board   Department of Toxic
Substances Control  or the enforcement agency may recover any
costs incurred in meeting the requirements of this article by
charging a fee pursuant to Chapter 8 (commencing with Section 41900)
of Part 2. 
  SEC. 366.    Section 43509 of the Public Resources Code is
amended to read: 
   43509.  (a) The  board   Department of Toxic
Substances Control  , in consultation with the state water board
and in compliance with Section 40055, shall adopt and amend
regulations specifying closure plan and postclosure maintenance plan
adoption procedures and uniform standards to implement Section 43601.
Regulations adopted pursuant to this section shall not include
standards and requirements contained in regulations adopted by the
State Water Resources Control Board pursuant to Division 7
(commencing with Section 13000) of the Water Code. The regulations
shall also require solid waste landfill owners or operators to
calculate, and periodically revise, cost estimates for closure and
for postclosure maintenance, for as long as the solid waste could
have an adverse effect on the quality of the waters of the state, but
not less than 30 years after closure unless all wastes are removed
in accordance with federal and state law.
   (b) The  board   Department of Toxic
Substances Control  may adopt regulations that authorize the
adoption of both preliminary and final closure and postclosure
maintenance plans. Regulations for preliminary closure and
postclosure maintenance plans may require less specificity and
engineering detail than final closure and postclosure maintenance
plans, and these regulations shall apply only in those cases in which
there is reasonable certainty that the solid waste landfill will not
close for at least one year following approval of the plans.
Preliminary closure and postclosure maintenance plans shall provide
sufficient detail to enable the owner or operator and the 
board   Department of Toxic Substances Control to
accurately estimate the costs for closure and postclosure
maintenance.
   (c) If a solid waste landfill owner or operator has submitted a
closure plan and postclosure maintenance plan which satisfies the
requirements of this chapter, and which has been approved by the
local enforcement agency, the  board  
Department of   Toxic Substances Control  , and the
appropriate regional water board, the plans shall be deemed to have
satisfactorily complied with all state requirements for the adoption
of a closure plan and postclosure maintenance plan. 
  SEC. 367.    Section 43510 of the Public Resources Code is
amended to read: 
   43510.  (a)  The regulations adopted by the  board
  Department of Toxic Substances Control  pursuant
to this article and Article 4 (commencing with Section 43600) shall
not duplicate or conflict with the regulations imposing closure and
postclosure maintenance requirements adopted by the state water board
which are found in Chapter 15 (commencing with Section 2510) of
Chapter 3 of Title 23 of the California Code of Regulations.
   (b) On or before June 30, 1995, the  board  
California Integrated Waste Management Board  and the state
water board shall revise the regulations adopted pursuant to this
article and Article 4 (commencing with Section 43600) of this chapter
and Section 13172 of the Water Code for the purpose of consolidating
the requirements of the board   California
Integrated Waste Management Board  and the state water board for
closure and postclosure maintenance into one set of regulations.

  SEC. 368.    Section 43600 of the Public Resources Code is
amended to read: 
   43600.  (a) Except as otherwise provided in subdivision (b), any
person owning or operating a solid waste landfill, as defined in
Section 40195.1, shall, with the closure plan and postclosure
maintenance plan submitted pursuant to subdivision (b) of Section
43501, submit to the  board   Department of
Toxic Substances Control  evidence of financial ability to
provide for the cost of closure and postclosure maintenance, in an
amount that is equal to the estimated cost of closure and 15 years of
postclosure maintenance, contained in the closure plan and the
postclosure maintenance plan submitted.
   (b) On and after the effective date of the federal regulations set
forth in Subpart G (commencing with Section 258.70) of Part 258 of
Title 40 of the Code of Federal Regulations, any person owning or
operating a solid waste landfill, shall, with the closure plan and
postclosure maintenance plan submitted pursuant to subdivision (b) of
Section 43501, submit to the  board  
Department of Toxic Substances Control  evidence of financial
ability to provide for closure and postclosure maintenance, in an
amount that is equal to the estimated cost of closure and 30 years of
postclosure maintenance, contained in the closure plan and the
postclosure maintenance plan submitted. 
  SEC. 369.    Section 43601 of the Public Resources Code is
amended to read: 
                                        43601.  (a) The evidence of
financial ability shall be sufficient to meet the closure and
postclosure maintenance costs when needed.
   (b) The owner or operator of a solid waste landfill shall provide
evidence of financial ability through the use of any of the
mechanisms set forth in Part 258 (commencing with Section 258.1) of
Title 40 of the Code of Federal Regulations or through the use of any
other mechanisms approved by the  board  
Department of Toxic Substances Control  . However, the 
board   Department of Toxic Substances Control  may
adopt regulations that reasonably condition the use of one or more
of those mechanisms to ensure adequate protection of public health
and safety and the environment, but shall not exclude the use of any
mechanism permitted under federal law. In addition, the evidence of
financial ability submitted pursuant to Section 43600 shall provide
that funds shall be available to the regional water boards upon the
issuance of any order under Chapter 5 (commencing with Section 13300)
of Division 7 of the Water Code to implement closure and postclosure
activities.
   (c) The state water board or the appropriate regional water board
shall have access to the financial assurance funds for closure and
postclosure activities, and to financial assurance funds for
corrective action, as necessary, to address water quality problems,
if the owner or operator of the solid waste landfill has failed to
implement the required closure and postclosure activities or
corrective action activities.
   (d) The owner or operator may request disbursement for
expenditures to conduct closure, postclosure maintenance, or
corrective actions from the financial assurance mechanism established
for that activity. Requests for disbursement shall be granted by the
 board   Department of Toxic Substances Control
 only if sufficient funds are remaining in the financial
assurance mechanism to cover the remaining approved total costs of
closure, postclosure maintenance, or corrective actions, as
appropriate.
   (e) If the evidence of financial ability for closure, postclosure,
or corrective action is demonstrated by use of insurance, the
 board   Department of Toxic Substances Control
 may approve the insurance mechanism if it is in compliance with
either paragraph (1) or (2) as follows:
   (1) The issuer of the insurance policy is either:
   (A) Licensed by the Department of Insurance to transact the
business of insurance in the State of California as an admitted
carrier.
   (B) Eligible to provide insurance as an excess and surplus lines
insurer in California through a surplus lines broker currently
licensed under the regulations of the Department of Insurance and
upon the terms and conditions prescribed by the Department of
Insurance.
   (2) If the insurance carrier is established by a solid waste
facility operator to meet the financial assurance obligations of that
operator, insurance may be approved by the  board 
 Department of Toxic Substances Control  that meets all of
the following requirements:
   (A) The insurance mechanism is in full compliance with the
requirements for insurance that are specified in subdivision (d) of
Section 258.74 of Title 40 of the Code of Federal Regulations.
   (B) The insurance carrier is an insurer domiciled in the United
States and licensed in its state of domicile to write that insurance.

   (C) The insurance carrier only provides financial assurance to the
operator that has established the insurance carrier as a form of
self-insurance and does not engage in the business of marketing,
brokering, or providing insurance coverage to other parties.
   (D) The insurance carrier shall maintain a rating of A- or better
by A.M. Best, or other equivalent rating by any other agency
acceptable to the  board   Department of Toxic
Substances Control  .
   (E) If requested by the  board   Department
of Toxic Substances Control  , an independent financial audit
report evaluating the assets and liabilities of the insurance carrier
and confirming compliance with the statutory and regulatory
requirements of the state of domicile and an independent actuarial
opinion on the independence and financial soundness of the insurance
carrier by an actuary in good standing with the Casualty Actuarial
Society or the American Academy of Actuaries regarding the adequacy
of the loss reserves maintained by the insurance carrier shall be
submitted to the  board   Department of Toxic
Substances Control  upon application and annually thereafter.
   (f) A solid waste facility operator using or proposing to use an
insurance company to demonstrate financial assurance may be required
by the  board   Department of Toxic Substances
Control  to pay a fee for the actual and necessary cost of
reviewing information submitted by the operator pursuant to paragraph
(2) of subdivision (e) up to an amount not to exceed ten thousand
dollars ($10,000), unless a higher amount is mutually agreed to by
the operator and the  board   Department of
Toxic Substances Control  .
   (g) The funds collected pursuant to subdivision (f) shall be
deposited in the Integrated Waste Management Account and shall be
available, upon appropriation by the Legislature, for expenditure by
the  board   Department of Toxic Substances
Control  to fund the review specified in subdivision (f). 
  SEC. 370.    Section 43601.5 of the Public Resources Code
is amended to read:
   43601.5.  (a) On or before March 1, 1994, the  board
  former California Integrated Waste Management Board
 shall review and revise regulations affecting solid waste
landfill closure and postclosure financial assurances adopted in
accordance with this article to make the regulations consistent with
the requirements established pursuant to Subpart G (commencing with
Section 258.1) of Part 258 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations, as amended on October 9, 1991.
   (b) In reviewing and revising regulations pursuant to subdivision
(a), the  board   Department of Toxic Substances
Control  shall, consistent with this division, and with federal
law and regulations, endeavor to minimize the costs of compliance
with those regulations by the owners and operators of public solid
waste landfills and to provide flexible mechanisms for those owners
and operators to comply with closure and postclosure financial
assurance requirements, in order to ensure that adequate funding will
be available for programs and projects that are necessary to comply
with the diversion requirements of Section 41780. 
  SEC. 371.    Section 43603 of the Public Resources Code is
amended to read: 
   43603.  The  board   Department of Toxic
Substances Control  shall not require an owner or operator of a
disposal site to revise or amend a closure plan submitted pursuant to
this section or former Section 66796.22 of the Government Code after
closure of the landfill in order to reflect subsequent changes in
any standards and regulations adopted by the  board 
 Department of Toxic Substances Control  . 
  SEC. 372.    Section 43606 of the Public Resources Code is
amended to read: 
   43606.  (a) Except for financial arrangements approved by the
 board  Department of Toxic Substances Control
 pursuant to this article, no indemnification, hold harmless, or
similar agreement or conveyance is effective to transfer from the
owner or operator of a disposal site to any other person any
obligations imposed on the owner or operator under this article.
   (b) Notwithstanding subdivision (a), nothing in this section
prohibits any agreement between the owner and the operator regarding
their respective obligations for closure and postclosure maintenance
of a disposal site, and nothing in this section prohibits a cause of
action that an owner or operator has or would have against the other
party by reason of that agreement. 
  SEC. 373.    Section 44000.5 of the Public Resources Code
is amended to read: 
   44000.5.  (a) With respect only to solid waste disposed of in this
state, a person shall not dispose of solid waste, cause solid waste
to be disposed of, arrange for the disposal of solid waste, transport
solid waste for purposes of disposal, or accept solid waste for
disposal, except at a solid waste disposal facility for which a solid
waste facilities permit has been issued pursuant to this chapter or
as otherwise authorized pursuant to this division and the regulations
adopted by the  board   Department of Toxic
Substances Control  pursuant to this division.
   (b) A violation of this section is an unlawful act. 
  SEC. 374.    Section 44001 of the Public Resources Code is
amended to read: 
   44001.  Any person who proposes to become an operator of a solid
waste facility shall file with the enforcement agency having
jurisdiction over the facility, or the  board  
Department of Toxic Substances Control  if there is no
designated and certified enforcement agency, an application for a
solid waste facilities permit at least 150 days in advance of the
date on which it is desired to commence operation, unless the
enforcement agency issues a permit to the applicant to commence
operations prior to that time. 
  SEC. 375.    Section 44002.1 of the Public Resources Code
is amended to read: 
   44002.1.  (a) The Legislature finds and declares all of the
following:
   (1) New trends in solid waste handling and collection practices,
such as single-stream collection of recyclable materials, coupled
with the regulations adopted by the  board  
Department of Toxic Substances Control  that govern solid waste
transfer or processing stations and composting facilities, have
resulted in the failure of a substantial number of persons carrying
out previously unregulated recycling, solid waste handling, and
composting activities, to comply with existing law.
   (2) As cities and counties undertake greater efforts to increase
the diversion of solid waste from landfills, the  board
  Department of Toxic Substances Control 
anticipates that many new transfer and processing stations and
composting facilities will commence operation in California within
the next two to five years.
   (3) To address these trends, it is necessary to provide a
temporary permitting scheme to enable the operators of existing solid
waste facilities to obtain temporary permits more quickly than is
possible under existing law, in order to protect the public health
and safety and the environment.
   (b) The  board   Department of Toxic
Substances Control  shall adopt emergency regulations pursuant
to subdivision (d) to authorize an enforcement agency, upon the
 board's   Department of Toxic Substances
Control's  concurrence, to issue a temporary solid waste
facilities permit to a person operating a solid waste transfer or
processing station or a composting facility, that, as of January 1,
2008, is required under this division and the regulations adopted by
the  board   Department of Toxic Substances
Control  pursuant to this division to obtain a solid waste
facilities permit, but for which a permit has not been obtained. The
regulations adopted by the  board   Department
of Toxic Substances Control  shall include all of the following
requirements:
   (1) That a person desiring to obtain a temporary solid waste
facilities permit submit a complete and correct application for the
permit to the enforcement agency having jurisdiction no later than 60
days from the effective date of the regulations.
   (2) That the date by which a holder of a temporary solid waste
facilities permit shall obtain a permanent solid waste facilities
permit from the enforcement agency having jurisdiction, or cease the
activities for which a solid waste facilities permit is required, be
on or before June 30, 2010.
   (3) That a facility covered under a temporary solid waste
facilities permit have been in operation on or before January 1,
2007.
   (4) That the owner or operator of a facility covered under a
temporary solid waste facilities permit agree to allow the facility
to be inspected, at least monthly, by the enforcement agency.
   (c) (1) An enforcement agency shall diligently notify the
operators of all facilities within its jurisdiction of the
availability of temporary solid waste facilities permits under the
regulations adopted pursuant to this section.
   (2) The  board   Department of  
Toxic Substances Control  shall expeditiously review and act on
a proposed temporary solid waste facilities permit submitted to it by
an enforcement agency. Upon the request of an enforcement agency,
the  board   Department of Toxic Substances
Control  shall provide assistance to the enforcement agency to
expeditiously process applications for temporary solid waste
facilities permits.
   (d) The regulations adopted by the  board  
Department of Toxic Substances Control  pursuant to this section
shall be adopted as emergency regulations and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. The  board   California Integrated
Waste Management Board  shall file the emergency regulations
with the Office of Administrative Law at the earliest feasible date
or March 1, 2008, whichever date is earlier. Notwithstanding
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted by the  board  
California Integrated Waste Management Board or the Department of
Toxic Substances Control,  pursuant to this section shall remain
in effect until July 1, 2010, and on that date shall become
inoperative.
   (e) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute that
is enacted before January 1, 2010, deletes or extends the dates on
which it becomes inoperative and is repealed. 
  SEC. 376.    Section 44003 of the Public Resources Code is
amended to read: 
   44003.  When the operator of the disposal site is not the disposal
site owner, the disposal site operator's application for a solid
waste facilities permit shall contain any information that the
enforcement agency or the  board   Department of
Toxic Substances Control  may require regarding the disposal
site owner's interest in the real property utilized as the disposal
site. 
  SEC. 377.    Section 44004 of the Public Resources Code is
amended to read: 
   44004.  (a) An operator of a solid waste facility may not make a
significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit, unless the
change is approved by the enforcement agency, the change conforms
with this division and all regulations adopted pursuant to this
division, and the terms and conditions of the solid waste facilities
permit are revised to reflect the change.
   (b) If the operator wishes to change the design or operation of
the solid waste facility in a manner that is not authorized by the
existing permit, the operator shall file an application for revision
of the existing solid waste facilities permit with the enforcement
agency. The application shall be filed at least 180 days in advance
of the date when the proposed modification is to take place unless
the 180-day time period is waived by the enforcement agency.
   (c) The enforcement agency shall review the application to
determine all of the following:
   (1) Whether the change conforms with this division and all
regulations adopted pursuant to this division.
   (2) Whether the change requires review pursuant to Division 13
(commencing with Section 21000).
   (d) Within 60 days from the date of the receipt of the application
for a revised permit, the enforcement agency shall inform the
operator, and if the enforcement agency is a local enforcement
agency, also inform the  board   Department of
Toxic Substances Control  , of its determination to do any of
the following:
   (1) Allow the change without a revision to the permit.
   (2) Disallow the change because it does not conform with the
requirements of this division or the regulations adopted pursuant to
this division.
   (3) Require a revision of the solid waste facilities permit to
allow the change.
   (4) Require review under Division 13 (commencing with Section
21000) before a decision is made.
   (e) The operator has 30 days within which to appeal the decision
of the enforcement agency to the hearing panel, as authorized
pursuant to Article 2 (commencing with Section 44305) of Chapter 4.
The enforcement agency shall provide notice of a hearing held
pursuant to this subdivision in the same manner as notice is provided
pursuant to subdivision (h).
   (f) Under circumstances that present an immediate danger to the
public health and safety or to the environment, as determined by the
enforcement agency, the 180-day filing period may be waived.
   (g) (1) A permit revision is not required for the temporary
suspension of activities at a solid waste facility if the suspension
meets either of the following criteria:
   (A) The suspension is for the maintenance or minor modifications
to a solid waste unit or to solid waste management equipment.
   (B) The suspension is for temporarily ceasing the receipt of solid
waste at a solid waste management facility and the owner or operator
is in compliance with all other applicable terms and conditions of
the solid waste facilities permit and minimum standards adopted by
the  board   Department of Toxic Substances
Control  .
   (2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and
postclosure maintenance requirements of this division and to all
other requirements imposed by federal law pertaining to the operation
of a solid waste facility.
   (3) The enforcement agency may impose any reasonable conditions
relating to the maintenance of the solid waste facility,
environmental monitoring, and periodic reporting during the period of
temporary suspension. The  board   Department
of Toxic Substances Control  may also impose any reasonable
conditions determined to be necessary to ensure compliance with
applicable state standards.
   (h) (1) (A) Before making its determination pursuant to
subdivision (d), the enforcement agency shall submit the proposed
determination to the  board   Department of
Toxic Substances Control  for comment and hold at least one
public hearing on the proposed determination. The enforcement agency
shall give notice of the hearing pursuant to Section 65091 of the
Government Code, except that the notice shall be provided to all
owners of real property within a distance other than 300 feet of the
real property that is the subject of the hearing, if specified in the
regulations adopted by the  board   Department
of Toxic Substances Control  pursuant to subdivision (i). The
enforcement agency shall also provide notice of the hearing to the
 board   Department of Toxic Substances Control
 when it submits the proposed determination to the 
board   Department of Toxic Substances Control  .
   (B) The enforcement agency shall mail or deliver the notice
required pursuant to subparagraph (A) at least 10 days prior to the
date of the hearing to any person who has filed a written request for
the notice with a person designated by the enforcement agency to
receive these requests. The enforcement agency may charge a fee to
the requester in an amount that is reasonably related to the costs of
providing this service and the enforcement agency may require each
request to be annually renewed.
   (C) The enforcement agency shall consider environmental justice
issues when preparing and distributing the notice to ensure that the
notice is concise and understandable for limited-English-speaking
populations.
   (2) If the  board   Department of Toxic
Substances Control  comments pursuant to paragraph (1), the
 board   Department of Toxic Substances Control
 shall specify whether the proposed determination is consistent
with the regulation adopted pursuant to subdivision (i).
   (i) (1) The  board   Department of Toxic
Substances Control  shall, to the extent resources are
available, adopt regulations that implement subdivision (h) and
define the term "significant change in the design or operation of the
solid waste facility that is not authorized by the existing permit."

   (2) While formulating and adopting the regulations required
pursuant to paragraph (1), the  board  
Department of Toxic Substances Control  shall consider
recommendations of the Working Group on Environmental Justice and the
advisory group made pursuant to Sections 71113 and 71114 and the
report required pursuant to Section 71115. 
  SEC. 378.    Section 44005 of the Public Resources Code is
amended to read: 
   44005.  (a) Any owner or operator of a solid waste facility who
plans to encumber, sell, transfer, or convey the ownership or
operations of a solid waste facility or disposal site to a new owner
or operator, shall notify the enforcement agency and the 
board   Department of Toxic Substances Control  ,
45 days prior to the date of the anticipated transfer. The
notification shall be in writing and shall include information as
determined by the  board   Department of Toxic
Substances Control  , including any financial assurances, if
applicable.
   (b) The enforcement agency and the  board  
Department of Toxic Substances Control  shall review the
notification documentation and any available records of enforcement
actions taken against the proposed transferee, and shall determine,
within 30 days of receipt, whether the facility will be operated in
compliance with the terms and conditions of an approved permit and
any other applicable requirements, including, but not limited to, the
requirements of Division 13 (commencing with Section 21000). If the
solid waste facility will not be operated in compliance with the
terms and conditions of an approved permit, or any other applicable
requirements of Division 13 (commencing with Section 21000), the new
owner or operator shall be required to file an application for a
revised or modified solid waste facilities permit.
   (c) If the enforcement agency or the  board  
Department of Toxic Substances Control  determines that the
facility will be operated in compliance with the terms and conditions
of the existing permit, the enforcement agency may change the name
of the owner or operator on the permit. 
  SEC. 379.    Section 44006 of the Public Resources Code is
amended to read: 
   44006.  (a) Each report or application filed under this article
shall be submitted under oath or under penalty of perjury.
   (b) Each report, notice, or application filed under this article
shall be submitted on a form approved by the  board 
 Department of Toxic Substances Control  .
   (c) Each application required to be filed under this article shall
be accompanied by a filing fee according to a fee schedule
established by the enforcement agency to reflect the cost of
processing the application and to recover costs incurred in meeting
the requirements of Article 3 (commencing with Section 43500) and
Article 4 (commencing with Section 43600) of Chapter 2. This fee is
in addition to the fees authorized by Chapter 8 (commencing with
Section 41900) of Part 2. 
  SEC. 380.    Section 44007 of the Public Resources Code is
amended to read: 
   44007.  The enforcement agency shall not issue or revise a solid
waste facilities permit unless it has, at least 65 days in advance,
provided the  board   Department of Toxic
Substances Control  and the applicant with a copy of the
proposed permit, which shall contain the terms and conditions the
enforcement agency proposes to establish. 
  SEC. 381.    Section 44008 of the Public Resources Code is
amended to read: 
   44008.  (a) A decision to issue or not issue the permit shall be
made by the enforcement agency within 120 days from the date that the
application is deemed complete pursuant to Chapter 4.5 (commencing
with Section 65920) of Division 1 of Title 7 of the Government Code,
unless waived by the applicant.
   (b) The enforcement agency may only issue the permit pursuant to
subdivision (a) if it finds that the proposed solid waste facilities
permit is consistent with this division and any regulations adopted
by the  board   Department of Toxic Substances
Control  pursuant to this division applicable to solid waste
facilities. 
  SEC. 382.    Section 44009 of the Public Resources Code is
amended to read: 
   44009.  (a) (1) The  board   Department of
Toxic Substances Control  shall, in writing, concur or object to
the issuance, modification, or revision of any solid waste
facilities permit within 60 days from the date of the  board'
s   Department of Toxic Substances Control's 
receipt of any proposed solid waste facilities permit submitted under
Section 44007 after consideration of the issues in this section.
   (2) If the  board   Department of Toxic
Substances Control  determines that the 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   Department of Toxic Substances Control
 shall object to provisions of the permit and shall submit
those objections to the local enforcement agency for its
consideration.
   (3) If the  board   Department of Toxic
Substances Control  fails to concur or object in writing within
the 60-day period specified in paragraph (1), the  board
  Department of Toxic Substances Control  shall be
deemed to have concurred in the issuance of the permit as submitted
to it.
   (b) Notwithstanding subdivision (a), the  board 
 Department of Toxic Substances Control  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
solid waste facilities permit pursuant to this section, the 
board   Department of Toxic Substances Control 
shall, based on substantial evidence in the record as to the matter
before the  board   Department of Toxic
Substances Control  , state its reasons for objecting. The
 board   Department of Toxic Substances Control
 shall not object to the issuance, modification, or revision of
any solid waste facilities permit unless the  board 
 Department of Toxic Substances Control  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. 383.    Section 44010 of the Public Resources Code is
amended to read: 
   44010.  The enforcement agency shall issue the permit only if it
finds that the proposed solid waste facilities permit is consistent
with the standards adopted by the  board  
Department of Toxic Substances Control  . 
  SEC. 384.    Section 44014 of the Public Resources Code is
amended to read: 
   44014.  (a) Upon compliance with Sections 44007, 44008, and 44009,
and after any necessary hearing, the local enforcement agency shall
issue, modify, or revise a solid waste facilities permit if the
 board   Department of Toxic Substances Control
 has concurred in that issuance, modification, or revision of
the permit pursuant to Section 44009.
   (b) The permit shall contain all terms and conditions which the
enforcement agency determines to be appropriate for the operation of
the solid waste facility. The operator shall comply with all terms
and conditions of the permit.
   (c) Within 15 days of issuing, modifying, or revising a solid
waste facilities permit, the enforcement agency shall transmit to the
permittee a copy of the solid waste facilities permit. 
  SEC. 385.    Section 44018 of the Public Resources Code is
amended to read: 
   44018.  The  board   Department of Toxic
Substances Control  shall establish, by regulation, a program to
be implemented by the  board   Department of
Toxic Substances Control  and by local enforcement agencies that
provides for the expedited review of permits issued pursuant to this
article. The program shall be designed to reduce unnecessary delay
in the issuance of these permits and to protect the public health and
safety and the environment. 
  SEC. 386.    Section 44100 of the Public Resources Code is
amended to read: 
   44100.  (a) The enforcement agency, in issuing or reviewing a
solid waste facilities permit or in connection with an action
relating to a solid waste facilities permit or as otherwise
authorized by this division, may investigate the operation of a solid
waste facility, a transfer or processing station, a disposal site,
collection or handling equipment, or a storage area for solid wastes.

   (b) In the investigation, the enforcement agency may require a
person, who is, or proposes to become, an operator of a solid waste
facility, a transfer or processing station, a disposal site,
collection or handling equipment, or a storage area for solid wastes,
or a person that the enforcement agency believes may have
information concerning a suspected violation of this division, to
furnish, under penalty of perjury, any nonprivileged technical or
monitoring program or other reports that the enforcement agency may
specify.
   (c) If the owner of property upon which solid waste is unlawfully
stored, stockpiled, disposed, handled, or maintained refuses to allow
or provide the  board   Department of Toxic
Substances Control  , the enforcement agency, or a contractor of
the  board   Department of Toxic Substances
Control  or enforcement agency with access to enter onto the
property and perform all necessary cleanup, abatement, or remedial
work as authorized pursuant to Section 45000 or 48020, the court may
issue the  board   Department of Toxic
Substances Control  , the enforcement agency, or a contractor of
the  board   Department of Toxic Substances
Control  or enforcement agency a warrant pursuant to the
procedure set forth in Title 13 (commencing with Section 1822.50) of
Part 3 of the Code of Civil Procedure to permit reasonable access to
the property to perform that activity, if the following conditions
have been met:
   (1) An administrative order requiring corrective action has been
issued or obtained pursuant to Section 45000 against the property
owner.
   (2) The  board   Department of Toxic
Substances Control  or enforcement agency finds that there is a
significant threat to public health or the environment. 
  SEC. 387.    Section 44104 of the Public Resources Code is
amended to read: 
   44104.  (a) The  board   Department of Toxic
Substances Control  shall maintain an inventory of solid waste
facilities which violate state minimum standards. To the extent it is
practicable to do so, the  board   Department
of Toxic Substances Control  shall incorporate in this inventory
existing information collected in the course of previous surveys of
this type and similar information made available to the 
board   Department of Toxic Substances Control  by
state and local agencies.
   (b) Whenever a solid waste facility is proposed to be included in
the inventory, the  board   Department of Toxic
Substances Control  shall give notice thereof by certified mail
to the disposal site owner and the operator of the solid waste
facility. If, within 90 days of that notice, the violation has not
been corrected, the solid waste facility shall be included in the
inventory. The  board   Department of Toxic
Substances Control  shall update and publish the inventory twice
annually. 
  SEC. 388.    Section 44152 of the Public Resources Code is
amended to read: 
   44152.  No enforcement agency shall issue or revise a permit for a
solid waste facility which exclusively uses transformation until the
 board   Department of Toxic Substances Control
 has concluded in writing that the proposed permit is
consistent with the state's minimum standards for solid waste
facilities. 
  SEC. 389.   Section 44202 of the Public Resources Code is
amended to read: 
   44202.  (a) Upon receipt of a written request from any tribe
considering a proposal to construct each solid waste facility in that
tribe's Indian country within this state, the secretary shall
convene negotiations for purposes of reaching a cooperative agreement
pursuant to this article, which will define the respective rights,
duties, and obligations of the state and the tribe concerning the
approval, development, and operation of the facility. In convening
the negotiations, the secretary shall consult with the 
California Integrated Waste Management Board  
Department of Toxic Substances Control  , the State Water
Resources Control Board, the appropriate California regional water
quality control board, the State Air Resources Board, and the
appropriate air pollution control district or air quality management
district.
   (b) This article does not apply to any facility located on Indian
country within the state if it meets all of the following
requirements:
   (1) The facility is owned and operated solely by a tribe.
   (2) All solid waste accepted by the facility is generated by that
particular tribe.
   (3) Appropriate federal agencies have approved the facility. 
  SEC. 390.    Section 44203 of the Public Resources Code is
amended to read: 
   44203.  (a) The secretary may enter into any cooperative agreement
which meets the requirements of this article.
   (b) Each cooperative agreement shall include, but shall not be
limited to, all requirements determined to be necessary to meet the
requirements of subdivision (e) to do all of the following:
   (1) Protect water quality, as determined by the State Water
Resources Control Board or the appropriate California regional water
quality control board.
   (2) Protect air quality, as determined by the State Air Resources
Board or the appropriate air pollution control officer.
   (3) Provide for proper management of solid wastes, as determined
necessary by the  California Integrated Waste Management
Board   Department of Toxic Substances Control  .
   (4) In making these determinations, the state agencies shall
consider any applicable federal environmental and public health and
safety laws.
   (c) A decision by the secretary whether to enter into a
cooperative agreement shall be based on a good faith determination
concerning whether a proposed cooperative agreement meets the
requirements of this article. The secretary shall take this action
within 130 days of a written request by the tribe that the secretary
approve a draft cooperative agreement. At least 60 days prior to
determining whether to enter into a cooperative agreement, the
secretary shall provide notice, and make available for public review
and comment, drafts of his or her proposed action and drafts of the
findings and determinations that are required by this section. The
secretary shall hold a public hearing in the affected area on the
proposed action within the time period for taking that action, as
specified in this section. Within 10 days after the close of the
public review and comment period, the agencies shall complete the
determinations required by this section and the secretary shall issue
a final decision.
   (d) The findings and determinations of the secretary and relevant
agencies made pursuant to this section shall explain material
differences between state laws and regulations and the proposed
tribal or federal functionally equivalent provisions. The findings
and determinations do not need to explain each difference between the
state and tribal or federal requirements as long as they identify
and evaluate whether the material differences meet the requirements
of this article, including, but not limited to, providing at least as
much protection for public health and safety and the environment as
would the state requirements.
   (e) Any cooperative agreement executed pursuant to this article
shall provide for regulation of the solid waste facility through
inclusion in the agreement of design, permitting, construction,
siting, operation, monitoring, inspection, closure, postclosure,
liability, enforcement, and other regulatory provisions applicable to
a solid waste facility, or which relate to any environmental
consequences that may be caused by facility construction or
operation, that are functionally equivalent to all of the following:
   (1) Article 4 (commencing with Section 13260) of Chapter 4 of,
Chapter 5 (commencing with Section 13300) of, and Chapter 5.5
(commencing with Section 13370) of, Division 7 of the Water Code.
   (2) Chapter 3 (commencing with Section 41700) of, Chapter 4
(commencing with Section 42300) of, and Chapter 5 (commencing with
Section 42700) of, Part 4 of, and Part 6 (commencing with Section
44300) of, Division 26 of the Health and Safety Code.
   (3) This division.
   (4) All regulations adopted pursuant to the statutes specified in
this section.
   (5) Any other provision of state environmental, public health, and
safety laws and regulations germane to the solid waste facility
proposed by the tribe.
   (f) The tribal organizational structures or other means of
implementing the requirements specified in subdivision (e) are not
required to be the same as the state organizational structures or
means of implementing its system of regulation.
   (g) Neither the approval of any cooperative agreement nor
amendments to the agreement, nor any determination of sufficiency
provided in Section 44205, shall constitute a "project" as defined in
Section 21065 and shall not be subject to review pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)).
   (h) Each cooperative agreement shall provide for the incorporation
of the standards and requirements germane to the protection of the
environment, public health, and safety listed in subdivision (e), as
enacted, or as those provisions may be amended after January 1, 1992,
or after the effective date of any cooperative agreement, if those
standards and requirements meet both of the following requirements:
   (1) The standards and requirements do not discriminate against a
tribe which has executed a cooperative agreement, or a lessee of the
tribe, and are applicable to, or not more stringent than, other rules
applicable to other similar or analogous facilities or operations
outside Indian country.
   (2) Adequate notice and opportunity for comment on the
incorporation of new and amended standards or requirements are
provided to the tribe, facility owner, and operator to facilitate any
physical or operational changes in the facility in accordance with
state law. 
  SEC. 391.    Section 44309 of the Public Resources Code is
amended to read: 
   44309.  All hearings  shall be  conducted by the 
board   Department of Toxic Substances Control 
acting as the enforcement agency pursuant to Section 43205 
shall be conducted by a hearing panel of three board members
appointed by the chairperson of the board  . 
  SEC. 392.    Section 44820 of the Public Resources Code is
amended to read: 
   44820.  (a) Except as provided in subdivision (c), the 
board   Department of Toxic Substances Control 
shall adopt, by regulation, a permitting, inspection, and enforcement
program for the disposal of asbestos containing waste, as specified
in Section 25143.7 of the Health and Safety Code, at any solid waste
facility or disposal site subject to regulation pursuant to this
part. The program may include, but is not limited to, standards and
certification requirements for local enforcement agencies, pursuant
to which the board   Department of Toxic
Substances Control  may delegate authority for the regulation of
asbestos containing waste to local enforcement agencies.
   (b) On or before March 1, 1995, or the earliest feasible date
thereafter, the  board   California Integrated
Waste Management Board  and the Department of Toxic Substances
Control shall enter into a memorandum of understanding that defines
the enforcement responsibilities of each agency for the disposal of
asbestos containing waste at any solid waste disposal facility or
disposal site subject to regulation pursuant to this part. The
memorandum of understanding shall be periodically updated to be
consistent with each agency's responsibilities pursuant to this
section and Chapter 6.5 (commencing with Section 25100) of Division
30 of the Health and Safety Code.
   (c) Until the board has adopted regulations pursuant to
subdivision (a), the Department of Toxic Substances Control shall
regulate asbestos containing waste at a solid waste facility or
disposal site.
   (d) Any regulations adopted pursuant to this section shall be
deemed emergency regulations and shall be adopted in accordance with
the Administrative Procedures Act (Chapter 3.5 (commencing with
Section 11340) of Division 3 of Title 2 of the Government Code.) The
adoption of these regulations shall be deemed to be necessary for the
immediate preservation of the public peace, health, safety, or
general welfare. 
  SEC. 393.    Section 45000 of the Public Resources Code is
amended to read: 
   45000.  (a) Except as provided in subdivision (b), the enforcement
agency or the  board   Department of Toxic
Substances Control  may issue an administrative order requiring
the owner or operator of a solid waste facility or disposal site or a
person in violation of Section 44000.5, to take corrective action as
necessary to abate a nuisance, or to protect human health and safety
or the environment. If both the  board  
Department of Toxic Substances   Control  and the
enforcement agency issue an administrative order regarding the same
facility, disposal site, or person, the order issued by the 
board   Department of Toxic Substances Control 
shall prevail if there is a conflict between the orders.
   (b) An administrative order shall not be issued for a minor
violation that is corrected immediately in the presence of the
inspector. Immediate compliance in that manner shall be noted in the
inspection report.
   (c) The enforcement agency or the  board  
Department of Toxic Substances   Control  may contract
for corrective action after an order issued pursuant to subdivision
(a) becomes final and the owner or operator fails to comply with the
order by the date specified in the order.
   (d) If an enforcement agency or the  board  
Department of Toxic Substances Control  expends any funds
pursuant to subdivision (b), the owner or operator of the solid waste
facility or disposal site or a person in violation of Section
44000.5 shall reimburse the enforcement agency or the  board
  Department of Toxic Substances Control  for the
amount expended, including, but not limited to, a reasonable amount
for contract administration, and an amount equal to the interest that
would have been earned on the expended funds. The amount expended
shall be recoverable in a civil action by the Attorney General, upon
request of the local enforcement agency or the  board
  Department of Toxic Substances Control .
   (e) A contract for corrective action entered into by the 
board   Department of Toxic Substances Control  is
exempt from approval by the Department of General Services pursuant
to Section 10295 of the Public Contract Code.
   (f) A corrective action shall incorporate by reference applicable
waste discharge requirements issued by the state water board or a
regional water board, and shall be consistent with all applicable
water quality control plans adopted pursuant to Section 13170 of, and
Article 3 (commencing with Section 13240) of Chapter 4 of Division 7
of, the Water Code, and state policies for water quality control
adopted pursuant to Article 3 (commencing with Section 13140) of
Chapter 3 of Division 7 of the Water Code, existing at the time of
the corrective action or proposed corrective action. 
  SEC. 394.    Section 45002 of the Public Resources Code is
amended to read: 
   45002.  (a) Except as provided in subdivision (b), an order issued
pursuant to this part or Part 4 (commencing with Section 43000)
shall provide the person subject to that order with a notice of that
person's right to appeal pursuant to Part 4 (commencing with Section
43000) and Part 6 (commencing with Section 45030).
   (b) The recipient of a notice to comply issued pursuant to Section
45003 may request that a hearing be conducted in accordance with
Section 44307, but only with respect to an action taken by an
enforcement agency of the  board   Department of
Toxic Substances   Control  that arises from a minor
violation that the owner or operator fails to correct or fails to
certify, in a timely manner, as having been corrected. 
  SEC. 395.    Section 45003 of the Public Resources Code is
amended to read: 
   45003.  (a) (1) An authorized representative of the enforcement
agency or  board   Department of Toxic
Substances Control  who, in the course of conducting an
inspection, detects a minor violation, shall take an enforcement
action as to the minor violation only in accordance with this
section.
   (2) In a proceeding concerning an enforcement action taken
pursuant to this section, there shall be a rebuttable presumption
upholding the determination made by the enforcement agency or
 board   Department of Toxic Substances Control
 regarding whether the violation is a minor violation.
   (b) A notice to comply shall be the only means by which an
enforcement agency or  board   Department of
Toxic Substances Control  may cite a minor violation, unless the
person cited fails to correct the violation or fails to submit the
certification of correction within the time period prescribed in the
notice, in which case the enforcement agency or  board
  Department of Toxic Substances Control  may take
any enforcement action, including imposing a penalty, as authorized
by this part.
   (c) (1) The enforcement agency or the  board 
 Department of Toxic Substances Control  shall commence an
enforcement action under this section by serving a notice to comply
on the owner or operator of the solid waste facility or disposal site
at which a violation has occurred, specifying the violation and the
manner in which the violation may be corrected.
   (2) A person who receives a notice to comply detailing a minor
violation shall have not more than 30 days from the date of the
notice to comply in which to correct any violation cited in the
notice to comply. Within five working days of correcting the
violation, the person cited or an authorized representative shall
sign the notice to comply, certifying that any violation has been
corrected, and return the notice to the enforcement agency or
 board   Department of Toxic Substances Control
 , whichever issued the notice to comply.
   (3) A false certification that a violation has been corrected is
punishable as a misdemeanor.
   (4) The effective date of the certification that a violation has
been corrected shall be one of the following dates, whichever occurs
first:
   (A) The date the certification is received by the enforcement
agency or the  board   Department of Toxic
Substances Control  , whichever issued the notice to comply,
including receipt of an electronic or facsimile version of the
certification.
   (B) The date the certification is postmarked by the United States
Postal Service.
   (C) The date the certification is accepted for delivery by a
national express delivery service as evidenced by a receipt.
   (d) If a notice to comply is issued, a single notice to comply
shall be issued for all minor violations noted during the inspection,
and the notice to comply shall list all of the minor violations and
the manner in which each of the minor violations may be brought into
compliance.
   (e) If a person who receives a notice to comply pursuant to
subdivision (c) disagrees with one or more of the alleged violations
listed on the notice to comply, the person shall provide the
enforcement agency or  board   Department of
Toxic Substances Control  that issued the notice to comply a
written notice of disagreement specifying the allegations with which
the person disagrees along with the returned signed notice to comply,
certifying that all of the undisputed violations have been
corrected. If the person disagrees with all of the alleged
violations, the written notice of disagreement shall be returned in
lieu of the signed certification of correction within 30 days of the
date of issuance of the notice to comply. If the issuing agency takes
administrative enforcement action on the basis of the disputed
violation, that action may be appealed in the same manner as any
other alleged violation under Section 44307.
   (f) This section does not do any of the following:
   (1) Prevent a reinspection to ensure compliance with this division
or to ensure that minor violations cited in a notice to comply have
been corrected and that the solid waste facility or disposal site is
in compliance with this division.
   (2) Prevent the enforcement agency or  board 
 Department of Toxic Substances Control  from requiring a
person to submit necessary documentation needed to support the person'
s claim of compliance pursuant to subdivision (c).
   (3) Restrict the power of a city attorney, district attorney,
county counsel, or the Attorney General to bring, in the name of the
people of California, any criminal proceeding otherwise authorized by
law.
   (4) Prevent the enforcement agency or  board 
 Department of Toxic Substances Control  from cooperating
with, or participating in, a proceeding specified in paragraph (3).

  SEC. 396.    Section 45005 of the Public Resources Code is
amended to read: 
   45005.  An enforcement agency or the  board  
Department of Toxic Substances Control  may issue a cease and
desist order to any of the following:
   (a) A person who is operating, has operated, or proposes to
operate a solid waste facility or operates a disposal site in an
unauthorized manner, or who is disposing of solid waste in any of the
following manners:
   (1) In violation of a solid waste facilities permit or in
violation of this division, or any regulation adopted pursuant to
this division.
   (2) Without a solid waste facilities permit.
   (3) In a manner that causes or threatens to cause a condition of
hazard, pollution, or nuisance.
   (b) A person who has violated, is violating, or proposes to
violate Section 44000.5. 
  SEC. 397.    Section 45010 of the Public Resources Code is
amended to read: 
   45010.  (a) The  board   Department of Toxic
Substances Control  and enforcement agencies shall impose civil
penalties on the operators of solid waste facilities in a judicious
manner and shall impose those penalties only after all reasonable
efforts pursuant to Section 45010.2 have been made by enforcement
agencies to provide proper notice of violations to alleged violators
as well as a reasonable opportunity to bring solid waste facilities
and disposal sites into compliance with this division.
   (b) An enforcement agency shall not deposit funds collected
through the imposition of civil penalties pursuant to this article in
the General Fund of the local enforcement agency, but instead shall
deposit those funds in a segregated account and use those funds
exclusively for enhancing solid waste enforcement within the local
enforcement agency's jurisdiction, including, but not limited to, all
of the following:
   (1) Increasing enforcement programs.
   (2) Expanding the agency's enforcement capabilities.
   (3) Bringing solid waste facilities into compliance with this
division.
   (4) Remediating illegal or abandoned solid waste disposal sites.
                           (c) Civil penalties paid to the 
board   Department of Toxic Substances Control 
pursuant to this article shall be deposited in the Enforcement
Penalty Account, which is hereby established in the Solid Waste
Disposal Site Cleanup Trust Fund created pursuant to Section 48027.
Notwithstanding subdivision (b) of Section 48027, the moneys in the
Enforcement Penalty Account may be expended by the  board
  Department of Toxic Substances Control  , upon
appropriation by the Legislature, to enforce and implement this
division. 
  SEC. 398.    Section 45010.1 of the Public Resources Code
is amended to read: 
   45010.1.  (a) The  board   Department of
Toxic Substances Control  or an enforcement agency may issue an
order imposing a civil penalty of not more than five thousand dollars
($5,000) for each violation, for each day that the violation
continues, to a person who violates the terms or conditions of a
solid waste facilities permit or who violates a requirement of this
division, a regulation adopted pursuant to this division, or an order
issued under this chapter, if the requirement, regulation, or order
is applicable to a solid waste facility or a disposal site. An
enforcement agency or the  board   Department of
Toxic Substances Control  may impose the penalty
administratively pursuant to this part.
   (b) In determining the amount of civil liability to be imposed
pursuant to this section, the  board  
Department of Toxic Substances Control  or enforcement agency
shall take into consideration the factors specified in Section 45016.

  SEC. 399.    Section 45010.2 of the Public Resources Code
is amended to read: 
   45010.2.  Before the  board   Department of
Toxic Substances Control  or enforcement agency issues an order
under this chapter, except for a notice to comply pursuant to Section
45003, the  board   Department of Toxic
Substances Control  or enforcement agency shall do both of the
following:
   (a) Notify the owner or operator of the solid waste facility or
the owner or operator of the disposal site, that the facility or site
is in violation of this division, a regulation adopted pursuant to
this division, or an order issued under this division, applicable to
a solid waste facility or disposal site.
   (b) Upon the request of the owner or operator of the solid waste
facility or the owner or operator of the disposal site, meet with the
owner or operator to clarify the applicable requirements and to
determine what actions, if any, that the operator or owner may
voluntarily take to bring the facility or site into compliance by the
earliest feasible date. 
  SEC. 400.    Section 45011 of the Public Resources Code is
amended to read: 
   45011.  If an enforcement agency or the  board 
 Department of Toxic Substances Control  determines that a
solid waste facility or disposal site is in violation of this
division, a regulation adopted pursuant to this division, the terms
or conditions of a solid waste facilities permit, an order issued
under this division, or poses a potential or actual threat to public
health and safety or the environment, or determines that a person has
disposed of solid waste at an unpermitted disposal site in violation
of Section 44000.5, the enforcement agency or  board
  Department of Toxic Substances Control  may issue
an order establishing a time schedule according to which the
facility or site shall be brought into compliance with this division.
The order may also provide for a civil penalty, to be imposed
administratively by the enforcement agency or  board
  Department of Toxic Subst   ances Control
 , in an amount not to exceed five thousand dollars ($5,000) for
each day on which a violation occurs, if compliance is not achieved
in accordance with that time schedule. 
  SEC. 401.    Section 45012 of the Public Resources Code is
amended to read: 
   45012.  (a) If an enforcement agency, despite having made a good
faith effort pursuant to its enforcement authority or any other
authority, is unable to correct a violation, and the  board
  Department of Toxic Substances Control  , acting
through its executive director, and the enforcement agency both agree
that enforcement by the  board   Department of
Toxic Substances Control  is feasible and desirable pursuant to
these circumstances, the  board   Department of
Toxic Substances Control  , acting through its executive
director, may take any appropriate enforcement action pursuant to
this section.
   (b) (1) Notwithstanding subdivision (a), the  board
  Department of Toxic Substances Control  shall not
take any enforcement action specified in this part without providing
notice to the enforcement agency and the violator of the 
board's   Department of Toxic Substances Control's 
intent to take that action, allowing the enforcement agency and the
violator a reasonable opportunity to correct the violation, and
conducting a public hearing on the matter.
   (2) When taking an enforcement action pursuant to this section,
the  board   Department of Toxic Substances
Control  is vested, in addition to its other powers, with all of
the authority to take an action that an enforcement agency may take
pursuant to this division.
   (c) Notwithstanding subdivisions (a) and (b), if the 
board   Department of Toxic Substances Control 
finds that an enforcement agency's failure to take enforcement action
constitutes an imminent threat to public health and safety or to the
environment, the  board   Department of Toxic
Substances Control  may take the enforcement action that the
 board   Department of Toxic Substances Control
 determines is necessary. 
  SEC. 402.    Section 45013 of the Public Resources Code is
amended to read: 
   45013.  The  board   Department of Toxic
Substances Control  shall make available guidance and assistance
to the enforcement agency regarding the inspection, investigation,
enforcement, and remediation of illegal, abandoned, inactive, or
closed disposal sites to ensure that public health and safety and the
environment are protected. 
  SEC. 403.    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
  Department of Toxic Substances Control  , the
Attorney General, upon request of the  board  
Department of Toxic Substances Control  , 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   Department of
Toxic Substances Control  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  Department of Toxic Substances Control  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
  Department of Toxic Substances Control  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 amount of the
unpaid court filing fee shall be paid to the court prior to
satisfying any of the civil penalty amount. Thereafter, any civil
penalty or judgment recovered shall be paid, to the maximum extent
allowed by law, to the  board   Department of
Toxic Substances Control  or to the local enforcement agency,
whichever is represented by the attorney who brought the action. 

  SEC. 404.    Section 45016 of the Public Resources Code is
amended to read: 
   45016.  In making a determination regarding the allegations in,
and the amount of any liability that may be imposed pursuant to, an
order, petition, or complaint and determining the appropriate
outcome, and when determining whether to deny, suspend, or revoke a
permit or to deny a permit application, the issuing agency, the
 board   Department of Toxic Substances Control
 , or a court, as the case may be, shall take into
consideration:
   (a) The nature, circumstances, extent, and gravity of any
violation or any condition giving rise to the violation and the
various remedies and penalties that are appropriate in the given
circumstances, with primary emphasis on protecting the public health
and safety and the environment.
   (b) Whether the violations or conditions giving rise to the
violation have been corrected in a timely fashion or reasonable
progress is being made.
   (c) Whether the violations or conditions giving rise to the
violation demonstrate a chronic pattern of noncompliance with this
division, the regulations adopted pursuant to this division, or with
the terms and conditions of a solid waste facilities permit, or pose,
or have posed, a serious risk to the public health and safety or to
the environment.
   (d) Whether the violations or conditions giving rise to the
violation were intentional.
   (e) Whether the violations or conditions giving rise to the
violation were voluntarily and promptly reported to appropriate
authorities prior to the commencement of an investigation by the
enforcement agency.
   (f) Whether the violations or conditions giving rise to the
violation were due to circumstances beyond the reasonable control of
the violator or were otherwise unavoidable under the circumstances.
   (g) Whether in the case of violations of this division, or the
regulations adopted pursuant to this division, the violator has
established one or more of the following programs prior to committing
the violation that will help to prevent violations of the type
committed in the future:
   (1) A comprehensive compliance program designed to prevent
violations of this division, the regulations adopted pursuant to this
division, and of the terms and conditions of the solid waste
facilities permit.
   (2) Employee training programs designed to educate the employees
regarding their responsibilities under this division, the regulations
adopted pursuant to this division, and the terms and conditions of
the solid waste facilities permit.
   (3) Regular internal audits to monitor the effectiveness of the
comprehensive compliance programs described in paragraph (1).
   (4) Confidential systems for employee reporting of potential
statutory, regulatory, or solid waste facilities permit violations
and for protecting persons so reporting from retaliatory employment
actions.
   (5) Special incentive programs that promote and reward statutory,
regulatory, and permit compliance. 
  SEC. 405.    Section 45017 of the Public Resources Code is
amended to read: 
   45017.  (a) (1) Except as provided in paragraphs (2) and (3), all
orders and determinations issued pursuant to this part or Part 4
(commencing with Section 43000) shall take effect immediately upon
service.
   (2) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to the owner or
operator of a solid waste facility operating under a solid waste
facilities permit issued in accordance with this part, the owner or
operator may petition the executive director of the  board
  Department of Toxic Substances Control  ,
pursuant to this subparagraph, to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the  board   Department of Toxic Substances
Control  .
   (B) A petition submitted pursuant to subparagraph (A) shall be in
writing and shall state the extraordinary circumstances that justify
the stay. The petition shall also state the grounds, if any, on which
a finding may be made that the immediate effect of the order or
determination will preclude or interfere with the provision of an
essential public service so that the public health and safety or the
environment will be adversely affected.
   (C) If the executive director finds the immediate effect of the
order or determination will preclude or interfere with the provision
of an essential public service so that the public health and safety
or the environment will be adversely affected, the executive director
shall consider and act on the petition within three days from the
receipt of the petition. The  board   Department
of Toxic Substances Control  or the executive director may
order the stay to be in effect from the effective date of the order
or determination or other appropriate date.
   (D) If the executive director does not find that the immediate
effect of the order or determination will preclude or interfere with
the provision of an essential public service, the  board
  Department of Toxic Substances Control  shall act
upon the petition within 14 days or at its next scheduled public
meeting, whichever date is sooner.
   (3) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to a person that is
not the owner or operator of a permitted solid waste facility, the
person subject to the order or determination may petition the
 board   Department of Toxic Substances Control
 pursuant to this subparagraph to stay the effect of the order
or determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the  board   Department of Toxic Substances
Contro   l  .
   (B) The  board   Department of Toxic
Substances Control  shall act on a petition filed pursuant to
subparagraph (A) within  14   ____  days
 or at its next scheduled public meeting whichever date is
sooner  . The  board   Department of
Toxic Substances   Control  may order the stay to be in
effect from the effective date of the order or determination or
other appropriate date.
   (b) For purposes of this section, service may be effected by any
of the following:
   (1) Personal delivery.
   (2) First-class United States mail, if it is made by certified
mail and evidence of delivery is provided.
   (3) Express delivery by a national express mail service that
provides evidence of delivery. 
  SEC. 406.    Section 45018 of the Public Resources Code is
amended to read: 
   45018.  The payment of civil liability assessed in any order
issued under this chapter shall be made within 30 days of the date
the order becomes final. Any penalties recovered shall be sent to the
 board   Department of Toxic Substances Control
 or to the enforcement agency, whichever brought the action, as
provided in subdivision (c) of Section 45014. 
  SEC. 407.    Section 45019 of the Public Resources Code is
amended to read: 
   45019.  At least 10 days prior to the date of issuance of an
enforcement order which is not for an emergency, or within five days
from the date of issuance of an enforcement order for an emergency,
or within 15 days from the date of discovery of a violation of a
state law, regulation, or term or condition of a solid waste
facilities permit for a solid waste facility or disposal site, which
is likely to result in an enforcement action, the following agencies
shall, to the extent that the enforcement action involves a violation
that may also be under the jurisdiction of another state regulatory
agency, provide a written statement providing an explanation of, and
justification for, the enforcement order or a description of the
violation in the following manner:
   (a) The enforcement agency, as appropriate, shall provide the
statement to the regional water board, the  board 
 Department of Toxic Substances Control  , the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
   (b) A regional water board, as appropriate, shall provide the
statement to the enforcement agency,  the board, 
the air pollution control district or air quality management
district, and the Department of Toxic Substances Control.
   (c) An air pollution control district or an air quality management
district, as appropriate, shall provide the statement to the
enforcement agency,  the board,  the regional water
board, and the Department of Toxic Substances Control.
   (d) The Department of Toxic Substances Control, as appropriate,
shall provide the report of inspection required by paragraph (1) of
subdivision (c) of Section 25185 of the Health and Safety Code to the
enforcement agency,  the board,  the regional water
board, and the air pollution control district or air quality
management district. 
  SEC. 408.    Section 45020 of the Public Resources Code is
amended to read: 
   45020.  (a) Within 30 days from the date of receipt of a notice of
the issuance of, or the proposal to issue, an enforcement order
pursuant to Section 45022, the regional water board, the enforcement
agency, or the air pollution control district or the air quality
management district, and the Department of Toxic Substances Control,
as appropriate, shall inspect the solid waste facility or disposal
site to determine whether any state law, regulation, or term or
condition of a permit, which  that board   the
Department of Toxic Substances Control  or agency is authorized
to enforce, is being violated.
   (b) Each agency, to the maximum extent allowed by law, shall do
all of the following with respect to enforcement activities at solid
waste facilities and disposal sites:
   (1) Coordinate enforcement activities to eliminate duplication and
facilitate compliance.
   (2) Notify the owner and operator of the solid waste facility or
owner and operator of the disposal site of a violation before
imposing an administrative civil penalty.
   (3) Prior to imposing an administrative penalty, and upon the
request of the owner or operator of the solid waste facility or owner
or operator of the disposal site, meet with the owner or operator to
clarify the regulatory requirements and to determine what actions,
if any, the owner or operator could voluntarily take to bring the
solid waste facility or disposal site into compliance by the earliest
feasible date. If a contemporaneous enforcement action or
investigation dealing with the same violation or with similar
violations is being pursued by another regulatory agency, a city
attorney, a county counsel, a district attorney, or the Attorney
General, the operator may request a meeting with all those
investigating and enforcement entities.
   (4) Consider the factors prescribed in Section 45016 in
determining appropriate enforcement actions. 
  SEC. 409.    Section 45021 of the Public Resources Code is
amended to read: 
   45021.  If any board or agency specified in Section 45019 receives
a complaint concerning a solid waste facility or disposal site and
the  board   Department of Toxic Substances
Control  or agency determines that it is not authorized to take
action concerning the complaint, the  board  
Department of Toxic Substances Control  or agency shall refer
the complaint within 30 days from the date of receipt to another
state agency that it determines is authorized to take action. 
  SEC. 410.    Section 45022 of the Public Resources Code is
amended to read: 
   45022.  If any agency or board specified in Section 45019 receives
a complaint concerning a solid waste facility or disposal site that
the agency or board  or the Department of Toxic Substances
Control does not refer to another state agency pursuant to
Section 45021, or if the agency or board  or the Department of
Toxic Substances Control  receives this complaint referred to it
by another agency or board pursuant to Section 45021, the agency or
board  or the Department of Toxic Substances Control  shall
either take appropriate enforcement action concerning the facility or
site pursuant to this part, or refer the complaint to the Attorney
General, the district attorney, the city attorney, or the county
counsel, whichever is applicable, or, at the earliest feasible date,
not to exceed 60 days, provide the person who filed the complaint
with a written statement explaining why an enforcement action would
not be appropriate. 
  SEC. 411.    Section 45023 of the Public Resources Code is
amended to read: 
   45023.  A civil penalty of not more than ten thousand dollars
($10,000) may be imposed upon a person who for each day the violation
or operation occurs:
   (a) Owns or operates a solid waste facility or disposal site and
who intentionally or negligently violates or causes or permits
another to violate the terms and conditions of a solid waste
facilities permit or a standard, requirement, or order applicable to
a solid waste facility or disposal site.
   (b) Operates a solid waste facility without a solid waste
facilities permit.
   (c) With respect only to a solid waste facility or disposal site,
intentionally or negligently violates a provision of this division,
or a regulation, administrative order, or standard adopted by the
 board   Department of Toxic Substances Control
 or an enforcement agency. 
  SEC. 412.    Section 45024 of the Public Resources Code is
amended to read: 
   45024.  Any attorney authorized to act on behalf of the 
board   Department of Toxic Substances Control  or
a local enforcement agency may petition the superior court to impose,
assess, and recover the civil penalties authorized by Section 45023.
Any penalties recovered pursuant to this section shall be paid, to
the maximum extent allowed by law, to the  board 
 Department of Toxic Substances Control  or to the local
enforcement agency, whichever is represented by the attorney bringing
the action. 
  SEC. 413.    Section 45025 of the Public Resources Code is
amended to read: 
   45025.  (a) (1) A violation of Part 4 (commencing with Section
43000) is a misdemeanor punishable by a fine of not less than five
hundred dollars ($500) and not more than ten thousand dollars
($10,000) for each violation. Each instance of disposal that violates
Section 44000.5 is a separate violation.
   (2) In addition to a fine under paragraph (1), a violation
punishable under paragraph (1) is punishable by imprisonment in a
county jail for not more than six months if any of the following
circumstances apply to the person convicted of a violation of this
section and cause or threaten to cause serious harm to public health
or safety or the environment:
   (A) The person knowingly makes a false statement in a permit
application or other document used for the purpose of compliance with
this chapter.
   (B) The person knowingly destroys, alters, or conceals any records
required to be maintained pursuant to this chapter.
   (C) The person withholds information requested by the enforcement
agency.
   (D) The person is convicted of more than one violation of this
division, or is in violation of more than one regulation adopted
pursuant to this division or term and condition of a permit.
   (E) Upon receipt of an order from the  board 
 Department   of Toxic Substances Control  or a
local enforcement agency, the person fails to correct or make
reasonable progress toward correcting a violation.
   (b) In addition to any fine imposed upon a conviction, the court
may require, as a condition of probation and in addition to any other
condition of probation, that the person convicted under this section
remove, or pay the cost of removing, any solid waste the person
unlawfully disposed, caused, or arranged to be disposed, transported,
or accepted for disposal. 
  SEC. 414.    Section 45030 of the Public Resources Code is
amended to read: 
   45030.  (a) A party to a hearing held pursuant to Chapter 4
(commencing with Section 44300) of Part 4 may appeal to the 
board   Department of Toxic Substances Control  to
review the written decision of the hearing panel or hearing officer
or to review the petitioner's request in the instance of a failure of
a hearing panel or hearing officer to render a decision or consider
the request for review, or a determination by the governing body not
to direct the hearing panel or hearing officer to hold a public
hearing, under the following circumstances:
   (1) Within 10 days from the date of issuance of a written decision
by a hearing panel or hearing officer.
   (2) If no decision is issued, within 45 days from the date a
request for a hearing was received by the enforcement agency for
which there was a failure of a hearing panel or hearing officer to
render a decision or consider a petitioner's request pursuant to
Section 44310.
   (b) An appellant shall commence an appeal to the  board
 Department of Toxic Substances Control  by filing
a written request for a hearing together with a brief summary
statement of the legal and factual basis for the appeal.
   (c) Within five days from the date the  board 
 Department of Toxic Substances Control  receives the
request for a hearing, the  board   Department
of Toxic Substances Control  shall schedule a hearing on the
appeal and notify the appellant and all other parties to the
underlying proceeding of the date of the  board 
 Department of Toxic Substances Control's  hearing.
   (d) The  board   Department of Toxic
Substances Control  shall hear the appeal within 60 days from
the date the  board   Department of Toxic
Substances Control  received the request for the appeal.
   (e) The  board   Department of Toxic
Substances Control  shall conduct the hearing on the appeal in
accordance with the procedures specified in Article 10 (commencing
with Section 11445.10) of Chapter
            4.5 of Part 1 of the Government Code. 
  SEC. 415.    Section 45031 of the Public Resources Code is
amended to read: 
   45031.  Within 30 days from the date that an appeal is filed with
the  board   Department of Toxic Substances
Control  , the  board   Department of Toxic
Substances Control  may do any of the following:
   (a) Determine not to hear the appeal if the appellant fails to
raise substantial issues.
   (b) Determine not to hear the appeal if the appellant failed to
participate in the administrative hearing before the hearing panel,
except that the  board   Department of Toxic
Substances Control  shall hear the appeal if the appellant shows
good cause for the appellant's failure to appear.
   (c) Determine to accept the appeal and to decide the matter on the
basis of the record before the hearing panel, or based on written
arguments submitted by the parties, or both.
   (d) Determine to accept the appeal and hold a hearing, within 60
days, unless all parties stipulate to extending the hearing date.

  SEC. 416.    Section 45032 of the Public Resources Code is
amended to read: 
   45032.  (a) In the  board's   Department of
Toxic Substances Control's  hearing on the appeal, the evidence
before the  board   Department of Toxic
Substances Control  shall consist of the record before the
hearing panel or hearing officer, relevant facts as to any actions or
inactions not subject to review by a hearing panel or hearing
officer, the record before the local enforcement agency, written and
oral arguments submitted by the parties, and any other relevant
evidence that, in the judgment of the  board  
Department of Toxic Substances Control  , should be considered
to effectuate and implement the policies of this division.
   (b) The  board   Department of Toxic
Substances Control  may only overturn an enforcement action, and
any administrative civil penalty, by a local enforcement agency if
it finds, based on substantial evidence, that the action was
inconsistent with this division. If the  board  
Department of Toxic Substances Control  overturns the decision
of the local enforcement agency, the hearing panel, or the hearing
officer, or finds that the enforcement agency has failed to act as
required, the  board   Department of Toxic
Substances Control  may do both of the following:
   (1) Direct that the appropriate action be taken by the local
enforcement agency.
   (2) If the local enforcement agency fails to act by the date
specified by the  board   Department of Toxic
Substances Control  , take the appropriate action itself. 
  SEC. 417.    Section 45040 of the Public Resources Code is
amended to read: 
   45040.  (a) Within 30 days from the date of service of a copy of a
decision or order issued by the  board  
Department of Toxic Substances Control  pursuant to Section
45031 or 45032, any aggrieved party may file with the superior court
a petition for a writ of mandate for review thereof.
   (b) (1) The filing of a petition for writ of mandate shall not
stay any enforcement action taken or the accrual of any penalties
assessed, pursuant to this part or Part 5 (commencing with Section
45000).
   (2) Paragraph (1) shall not prohibit the court from granting any
appropriate relief within its jurisdiction. 
  SEC. 418.    Section 45041 of the Public Resources Code is
amended to read: 
   45041.  The evidence before the court shall consist of the records
before the hearing panel or hearing officer and the  board
  Department of Toxic Substances Control  , if any,
including the enforcement agency's records, and any other relevant
evidence that, in the judgment of the court, should be considered to
effectuate and implement the policies of this division. 
  SEC. 419.    Section 47050 of the Public Resources Code is
amended to read: 
   47050.  The  board shall, in consultation with the
 Department of Toxic Substances Control  , 
 shall  develop and implement a public information program
to provide uniform and consistent information on the proper disposal
of hazardous substances found in and around homes. The program may
include information, consistent with product labeling, on the proper
use and storage of products which contain hazardous substances and on
safer substitutes for products which contain hazardous substances.

  SEC. 420.   Section 47102 of the Public Resources Code is
amended to read: 
   47102.  The  board   Department of Toxic
Substances Control  shall designate a household hazardous waste
coordinator to advise and assist local governments and other agencies
which offer programs for household hazardous waste management. 
  SEC. 421.    Section 47103 of the Public Resources Code is
amended to read: 
   47103.  The  board   Department of Toxic
Substances Control  shall provide technical assistance to local
governments and other agencies which establish household hazardous
waste management programs. 
  SEC. 422.    Section 47104 of the Public Resources Code is
amended to read:
   47104.  The  board shall prepare, in consultation with the
 Department of Toxic Substances Control  ,
  shall prepare  guidelines and a state policy to
guide the efforts of local agencies to provide household hazardous
waste collection, recycling, and disposal programs pursuant to this
article. The guidelines required by this section shall allow adequate
flexibility to local agencies in meeting their individual needs, to
the extent that the local agency's program does not conflict with the
state policy prepared pursuant to this subdivision. 
  SEC. 423.    Section 47106 of the Public Resources Code is
amended to read: 
   47106.  In establishing guidelines on which products should be
disposed of as hazardous waste, the  board  
Department of Toxic Substances Control  shall consider such
factors as toxicity, concentration of toxic ingredients in a product,
and other appropriate factors. The  board  
Department of Toxic Substances Control  shall also consider the
appropriateness of excluding from any listing of household hazardous
wastes specific categories of household products, such as products
intended for human consumption, personal hygiene products, and other
categories of household products intended for general consumer use.

  SEC. 424.    Section 47107 of the Public Resources Code is
amended to read: 
   47107.  The guidelines and operation plan prepared pursuant to
subdivision (a) shall, upon request, be made available to local
agencies and the public. The  board   Department
of Toxic Substances Control  shall advise county health offices
of the availability of these materials and of the informational
materials developed pursuant to Article 1 (commencing with Section
47051). 
  SEC. 425.    Section 47108 of the Public Resources Code is
amended to read: 
   47108.  In developing the guidelines required by this article, the
 board   Department of Toxic Substances Control
 shall, to the extent feasible, consult existing sources of
information, including household hazardous waste collection programs
which have been operated in the state and in other states, and
industry and academia. 
  SEC. 426.    Section 47120 of the Public Resources Code is
amended to read: 
   47120.  (a) The Legislature finds and declares all of the
following:
   (1) The United States Geological Survey conducted a study in 2002
sampling 139 streams across 30 states and found that 80 percent had
measurable concentrations of prescription and nonprescription drugs,
steroids, and reproductive hormones.
   (2) Exposure, even to low levels of drugs, has been shown to have
negative effects on fish and other aquatic species and may have
negative effects on human health.
   (3) In order to reduce the likelihood of improper disposal of
drugs, it is the purpose of this article to establish a program
through which the public may return and ensure the safe and
environmentally sound disposal of drugs and may do so in a way that
is convenient for consumers.
   (b) It is the intent of the Legislature in enacting this article:
   (1) To encourage a cooperative relationship between the 
board   Department of Toxic Substances Control  and
manufacturers, retailers, and local, state, and federal government
agencies in the  board's   Department of Toxic
Substances Control's  development of model programs to devise a
safe, efficient, convenient, cost-effective, sustainable, and
environmentally sound solution for the disposal of drugs.
   (2) For the programs and systems developed in other local, state,
and national jurisdictions to be used as models for the development
of pilot programs in California, including, but not limited to, the
efforts in Los Angeles, Marin, San Mateo, and Santa Clara Counties,
Oregon, Maine, North Carolina, Washington State, British Columbia,
and Australia.
   (3) To develop a system that recognizes the business practices of
manufacturers and retailers and other dispensers and is consistent
with and complements their drug management programs. 
  SEC. 427.    Section 47121 of the Public Resources Code is
amended to read: 
   47121.  For the purposes of this article, the following terms have
the following meanings, unless the context clearly requires
otherwise:
   (a) "Consumer" means an individual purchaser or owner of a drug.
"Consumer" does not include a business, corporation, limited
partnership, or an entity involved in a wholesale transaction between
a distributor and retailer.
   (b) "Drug" means any of the following:
   (1) Articles recognized in the official United States
Pharmacopoeia, the official National Formulary, the official
Homeopathic Pharmacopoeia of the United States, or any supplement of
the formulary or those pharmacopoeias.
   (2) Articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in humans or other animals.
   (3) Articles, excluding food, intended to affect the structure or
function of the body of humans or other animals.
   (4) Articles intended for use as a component of an article
specified in paragraph (1), (2), or (3).
   (c) "Participant" means any entity which the  board
  Department of Toxic Substances Control  deems
appropriate for implementing and evaluating a model program and which
chooses to participate, including, but not limited to, governmental
entities, pharmacies, veterinarians, clinics, and other medical
settings.
   (d) "Sale" includes, but is not limited to, transactions conducted
through sales outlets, catalogs, or the Internet, or any other
similar electronic means, but does not include a sale that is a
wholesale transaction with a distributor or retailer. 
  SEC. 428.    Section 47122 of the Public Resources Code is
amended to read: 
   47122.  (a) (1) The  board   Department of
Toxic Substances Control  shall, in consultation with
appropriate state, local, and federal agencies, including, but not
limited to  , the Department of Toxic Substances Control
 , the State Water Resources Control Board, and the
California State Board of Pharmacy, develop model programs for the
collection and proper disposal of drug waste. Notwithstanding any
other provision of law, the board   Department
of Toxic Substances Control  shall establish, for participants,
criteria and procedures for the implementation of the model programs.

   (2) In developing model programs the  board  
Department of Toxic Substances Control  shall evaluate a
variety of models used by other state, local, and other governmental
entities, and shall consider a variety of potential participants that
may be appropriate for the collection and disposal of drug waste.
   (3) No sooner than July 1, 2008, but no later than December 1,
2008, the  board   California Integrated Waste
Management Board  shall make the model programs available to
eligible participants.
   (b) The model programs shall at a minimum include all of the
following:
   (1) A means by which a participant is required to provide, at no
additional cost to the consumer, for the safe take back and proper
disposal of the type or brand of drugs that the participant sells or
previously sold.
   (2) A means by which a participant is required to ensure the
protection of public health and safety, the environment, and the
health and safety of consumers and employees.
   (3) A means by which a participant is required to report to the
 board   Department of Toxic Substances Control
 for purposes of evaluation of the program for safety,
efficiency, effectiveness, and funding sustainability.
   (4) A means by which a participant shall protect against the
potential for the diversion of drug waste for unlawful use or sale.
   (c) The model programs shall provide notice and informational
materials for consumers that provide information about the potential
impacts of improper disposal of drug waste and the return
opportunities for the proper disposal of drug waste. Those materials
may include, Internet Web site links, a telephone number placed on an
invoice or purchase order, or packaged with a drug; information
about the opportunities and locations for no-cost drug disposal;
signage that is prominently displayed and easily visible to the
consumer; written materials provided to the consumer at the time of
purchase or delivery; reference to the drug take back opportunity in
advertising or other promotional materials; or direct communications
with the consumer at the time of purchase.
   (d) Model programs deemed in compliance with this article shall be
deemed in compliance with state law and regulation concerning the
handling, management, and disposal of drug waste for the purposes of
implementing the model program.
   (e) (1) The  board  Department of Toxic
Substances Control  may develop regulations pursuant to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code that are necessary to implement this
article, including regulations that the department determines are
necessary to implement the provisions of this article in a manner
that is enforceable.
   (2) The  board   Department of Toxic
Substances Control  may adopt regulations to implement this
article as emergency regulations. The emergency regulations adopted
pursuant to this article shall be adopted by the department in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and for the
purposes of that chapter, including Section 11349.6 of the Government
Code, the adoption of these regulations is hereby deemed an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by the
department pursuant to this section shall be filed with, but not be
repealed by, the Office of Administrative Law and shall remain in
effect for a period of two years or until revised by the department,
whichever occurs sooner. 
  SEC. 429.    Section 47123 of the Public Resources Code is
amended to read: 
   47123.  Notwithstanding Section 7550.5 of the Government Code, no
later than December 1, 2010, the  board  
Department of Toxic Substances Control  shall report to the
Legislature. The report shall include an evaluation of the model
programs for efficacy, safety, statewide accessibility, and cost
effectiveness. The report shall include the consideration of the
incidence of diversion of drugs for unlawful sale and use, if any.
The report also shall provide recommendations for the potential
implementation of a statewide program and statutory changes. 
  SEC. 430.    Section 47200 of the Public Resources Code is
amended to read: 
   47200.  (a) The  board   Department of Toxic
Substances Control  shall expend funds from the account, upon
appropriation by the Legislature, for the making of grants to cities,
counties, or other local agencies with responsibility for solid
waste management, and for local programs to help prevent the disposal
of hazardous wastes at disposal sites, including, but not limited
to, programs to expand or initially implement household hazardous
waste programs. In making grants pursuant to this section, the
 board   Department of Toxic Substances Control
 shall give priority to funding programs that provide for the
following:
   (1) New programs for rural areas, underserved areas, and for small
cities.
   (2) Expansion of existing programs to provide for the collection
of additional waste types, innovative or more cost-effective
collection methods, or expanded public education services.
   (3) Regional household hazardous waste programs.
   (b) (1) The total amount of grants made by the  board
  Department of Toxic Substances Control  pursuant
to this section shall not exceed, in any one fiscal year, three
million dollars ($3,000,000).
   (2) Notwithstanding paragraph (1), the total amount of grants made
by the  board   Department of Toxic Substances
Control  pursuant to this section may exceed three million
dollars ($3,000,000) but shall not exceed six million dollars
($6,000,000), in any one fiscal year, if sufficient funds are
appropriated from the Integrated Waste Management Account for this
purpose. 
  SEC. 431.    Section 47201 of the Public Resources Code is
amended to read: 
   47201.  The  board   Department of Toxic
Substances Control  shall adopt regulations for implementation
of this article, including, but not limited to, criteria for
selecting grant recipients. 
  SEC. 432.    Section 47202 of the Public Resources Code is
amended to read: 
   47202.  All expenses incurred by the  board  
Department of Toxic Substances Control  in carrying out this
article shall be payable from the account. No liability or obligation
is imposed upon the state pursuant to this part, and the 
board   Department of Toxic Substances Control 
shall not incur any liability or obligation beyond the extent to
which money is provided in the account for the purposes of this
article. 
  SEC. 433.    Section 47203 of the Public Resources Code is
amended to read: 
   47203.  Upon appropriation by the Legislature, the board shall
allocate, from the account, an amount not to exceed sixty thousand
dollars ($60,000), to the Hazardous Waste Control Account, for
expenditure for the 1993-94 fiscal year, to the Department of Toxic
Substances Control, for the development and maintenance, jointly with
the board, of a data base of all household hazardous waste
collection events, facilities, and programs within the state. On and
after July 1, 1994, upon appropriation by the Legislature, the
 board  Department of Toxic Substances Control
 shall allocate an amount from the account of not more than
sixteen thousand three hundred dollars ($16,300) in each fiscal year
for that purpose. 
  SEC. 434.    Section 47901 of the Public Resources Code is
amended to read: 
   47901.  (a) All revenues received by the  board 
 Department of Toxic Substances Control or the Department of
Conservation  shall be deposited in the specified account in the
fund. Any revenue received by the  board  
Department of Toxic Substances Control or the Department of
Conservation  for which no account is specified shall be
deposited in the Integrated Waste Management Account created by
Section 48001 in the fund. The  board  
Department of Toxic Substances Control  may establish or modify
other subaccounts in the account, as appropriate and necessary for
proper administration.
   (b) Any funds remaining in the Solid Waste Disposal Site Cleanup
and Maintenance Account in the Integrated Waste Management Fund shall
be transferred to the Integrated Waste Management Account in the
Integrated Waste Management Fund, consistent with Section 16346 of
the Government Code.
   (c) Any expenditures charged to the Solid Waste Disposal Site
Cleanup and Maintenance Account in the fund shall be transferred to
the Integrated Waste Management Account. 
  SEC. 435.    Section 48000 of the Public Resources Code is
amended to read: 
   48000.  (a) Each operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization which is based on the
amount, by weight or volumetric equivalent, as determined by the
 board   Department of Toxic Substances Control
 , 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, the amount of the fee shall be established by the 
board     Department of Toxic Substances
Control  at an amount that is sufficient to generate revenues
equivalent to the approved budget for that fiscal year, including a
prudent reserve, but shall not exceed one dollar and forty cents
($1.40) per ton.
   (c) The  board   Department of Toxic
Substances Control  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.
   (d) The  board   Department of Toxic 
 Substances Control  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. 436.    Section 48004 of the Public Resources Code is
amended to read: 
   48004.  (a) The money in the account shall be used by the 
board   Department of Toxic Substances Control and the
Department of Conservation  , upon appropriation by the
Legislature, for the following purposes:
   (1) The administration and implementation of this division by the
 board   Department of Toxic Substances Control
and the Department of Conservation, as applicable  .
   (2) The state water board's and regional water board's
administration and implementation of Division 7 (commencing with
Section 13000) of the Water Code at solid waste disposal sites.
   (b) It is the intent of the Legislature that an amount which is
sufficient to fund state water board and regional water board
regulatory activities for solid waste landfills be appropriated from
the account by the Legislature in the annual Budget Act. Those
persons who are required to pay the fee imposed pursuant to Section
48000 shall not be required to pay the annual fee imposed pursuant to
subdivision (d) of Section 13260 of the Water Code with regard to
the same discharge.
   (c) Notwithstanding subdivisions (a) and (b), if the fee
established pursuant to Section 48000 does not generate revenues
sufficient to fund the programs specified in this section, or if the
amount appropriated by the Legislature for these purposes is reduced,
those reductions shall be equally and proportionally distributed
between funding for the solid waste programs of the state water board
and the regional water boards and the  board 
Department of Toxic Substances Control and the Department of
Conservation  . 
  SEC. 437.    Section 48005 of the Public Resources Code is
amended to read: 
   48005.  Unless otherwise specified, all money received by the
 board   Department of Toxic Substances Control
 shall be deposited in the Integrated Waste Management Account
and shall be used by the  board   Department of
Toxic Substances Control and the Department of Conservation  ,
upon appropriation by the Legislature, for the purposes for which it
was collected or, if not expressly specified for a particular
purpose, for the purposes of this division, except Part 6 (commencing
with Section 46000), which shall be funded by fees pursuant to
Section 46801. 
  SEC. 438.    Section 48006 of the Public Resources Code is
amended to read: 
   48006.  The  board   Department of Toxic
Substances Control  may exempt from all fees any operator of a
solid waste landfill that receives less than a monthly average of
five tons per operating day of solid waste. 
  SEC. 439.    Section 48020 of the Public Resources Code is
amended to read: 
   48020.  (a) For purposes of this article, the following terms have
the following meaning:
   (1) "Codisposal site" means a hazardous substance release site
listed pursuant to Section 25356 of the Health and Safety Code, where
the disposal of hazardous substances, hazardous waste, and solid
waste has occurred.
   (2) "Trust fund" means the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Section 48027.
   (b) The board shall, on January 1, 1994, initiate a program for
the cleanup of solid waste disposal sites and for the cleanup of
solid waste at codisposal sites where the responsible party either
cannot be identified or is unable or unwilling to pay for timely
remediation, and where cleanup is needed to protect public health and
safety or the environment.  On and after January 1, 2010, the
Department of Toxic Substances Control shall administer the program.

   (c) The  board   Department of Toxic
Substances Control  shall not expend more than 5 percent of the
funds appropriated for the purpose of the program by a statute other
than the Budget Act to administer that program, unless a different
amount is otherwise appropriated to administer the program in the
annual Budget Act. If a different amount is appropriated to
administer the program in the annual Budget Act, it shall be set
forth in a separate line item. All remaining funds appropriated for
the purposes of the program shall be expended on direct cleanup
pursuant to subdivision (b) or emergency actions at solid waste
facilities, disposal sites, sites involving solid waste handling, and
for solid waste at codisposal sites. 
  SEC. 440.    Section 48021 of the Public Resources Code is
amended to read: 
   48021.  (a) In prioritizing the sites for cleanup pursuant to
Section 48020, the  board   Department of Toxic
Substances Control  shall consider the degree of risk to public
health and safety and the environment posed by conditions at a site,
the ability of the site owner to clean up the site without monetary
assistance, the ability of the  board  
Department of Toxic
  Substances Control  to clean up the site adequately with
available funds, maximizing the use of available funds, and other
factors as determined by the  board   Department
of Toxic Substances Control  .
   (b) (1) In administering the program authorized by Section 48020,
the  board   Department of Toxic Substances
Control  may expend funds directly for cleanup, provide loans to
parties who demonstrate the ability to repay state funds, and
provide partial grants to public entities, to assist in site cleanup.

   (2) The  board   Department of Toxic
Substances Control  may expend funds directly for the cleanup of
a publicly owned site only if the  board  
Department of Toxic Substances Control  determines that the
public entity lacks resources or expertise to timely manage the
cleanup itself.
   (3) In addition to the criteria specified in subdivision (a), in
considering partial grants that provide greater than 50 percent of
the funds directly for cleanup, the  board  
Department of Toxic Substances Control  shall consider the
amount of contributions of moneys or in-kind services from the
applicant; the availability of other appropriate funding sources to
remediate the site; the degree of public benefit; the presence of
innovative and cost-effective programs to abate or prevent solid
waste problems to be addressed by the grants; and other factors as
determined by the  board   Department of Toxic
Substances Control  .
   (c) (1) In addition to the expenditures specified in subdivision
(b), the  board   Department of Toxic Substances
Control  may expend a portion of the funds appropriated for the
program to abate illegal disposal sites.
   (2) For the purposes of this subdivision, the  board
  Department of Toxic Substances Control  may
provide grants to public entities.
   (3) Where funds are provided by the  board  
Department of Toxic Substances Control  to address illegal
disposal sites within a jurisdiction, the local enforcement agency
shall provide ongoing enforcement to prevent recurring illegal
disposal at the site.
   (4) For the purposes of this subdivision, an activity to remove or
abate solid waste disposed into a municipal storm sewer is eligible
to receive a partial grant, if the grant is used for solid waste
cleanup, solid waste abatement, or any other activity that mitigates
the impact of solid waste, and an ongoing program is established to
prevent recurring solid waste disposal into the municipal storm
sewer.
   (d) In developing and implementing the program, the  board
  Department of Toxic Substances Control shall
consult with certified local enforcement agencies and the regional
water boards. 
  SEC. 441.    Section 48022 of the Public Resources Code is
amended to read: 
   48022.  The Legislature finds and declares all of the following:
   (a) Pursuant to the legal framework and definitions pertaining to
solid waste contained in this division, the  board 
 Department of Toxic Substances Control  and the local
enforcement agencies have general authority and responsibility for
responding to environmental conditions at solid waste disposal sites
to ensure protection of the public health and safety and the
environment.
   (b) The definitions of "solid waste," "solid waste disposal," and
"solid waste landfill" establish some of the parameters for the
general authority and responsibility of the  board 
 Department of Toxic Substances Control  and the local
enforcement agencies.
   (c) The Solid Waste Disposal and Codisposal Site Cleanup Program
established under this article establishes a mechanism for funding
the cleanup of solid waste disposal sites and the solid waste at
codisposal sites under specified conditions and circumstances.
   (d) A burn dump site is a solid waste disposal site and, as such,
is a site that is eligible for funding pursuant to the program,
provided all other criteria for program eligibility are met.
   (e) Pursuant to the Health and Safety Code, the Department of
Toxic Substances Control has general jurisdiction, authority, and
responsibility regarding hazardous substance release sites.
   (f) Pursuant to the Water Code, the State Water Resources Control
Board and the regional water quality control boards have general
jurisdiction, authority, and responsibility regarding protection of
the waters of the state, including, but not limited to, solid waste
and hazardous waste discharges.
   (g) Most burn dump sites impact multiple media. Burn dump sites
usually contain hazardous substances and, therefore, most can be
characterized generally as hazardous substance release sites. Burn
dump sites also contain predominantly solid waste and, therefore, can
be characterized generally as solid waste disposal sites. Some burn
dump sites impact, or have the potential to impact, waters of the
state.
   (h) Burn dump sites are presumed to be solid waste disposal sites,
subject to the general authority and responsibility of the 
board   Department of Toxic Substances Control  and
the local enforcement agencies. In addition to this general
presumption, it is the intent of the Legislature to require that the
procedures set forth in Section 48022.5 be followed to ensure that
hazardous substances and hazardous wastes at burn dump sites are
adequately characterized and safely managed and remediated in
consultation with, or under the direct oversight of, the department
or the appropriate regional water quality control board, or both.

  SEC. 442.    Section 48022.5 of the Public Resources Code
is amended to read: 
   48022.5.  (a) For the purposes of this section, the following
terms have the following meanings, unless the context clearly
requires otherwise:
   (1) "Burn dump site" means a solid waste disposal site that meets
all of the following conditions:
   (A) Was operated prior to 1972.
   (B) Is closed.
   (C) Prior to closure, was a site where open burning was conducted.

   (2) "Department" means the Department of Toxic Substances Control.

   (3) "Regional board" means a California regional water quality
control board.
   (4) "Remediation oversight agency" means the entity responsible
for environmental oversight on a burn dump site remediation project.
   (5) "Sensitive land use" means either of the following:
   (A) Use for residences, schools, day care facilities, hospitals
and hospices, and other facilities or structures that have a high
density of occupation on a daily basis.
   (B) Use as a park, golf course, or any other, similar open-space
area that is made available for public use, when the park, golf
course, or open-space area has a potential for human exposure to
hazardous substances.
   (b) On or before June 30, 2003, the department, in consultation
with the board and the State Water Resources Control Board, shall
develop protocols to be utilized by the  board  
department  and the local enforcement agencies for site
investigation and characterization of hazardous substances at burn
dump sites.
   (1) The protocols shall include, but need not be limited to, both
of the following items:
   (A) Sampling and analysis protocols to be utilized by the board
and the local enforcement agencies for site investigation and
characterization of hazardous substances at burn dump sites.
   (B) Appropriate abatement measures for nonsensitive land uses.
   (2) In addition, the protocols may include either or both of the
following items:
   (A) Cleanup guidelines, levels, or thresholds for one or more
typical constituents of concern based on nonsensitive land uses.
   (B) Specifications for confirmation sampling on partial and
complete clean-closed sites.
   (c) Whenever the  board   department 
receives an application for funding under this article for a burn
dump site, the  board   department  shall
use the protocols  it  developed  by the department
 under subdivision (b) to investigate and characterize
hazardous substances at the site.
   (d) Once sufficient site information is available, the 
board   department  shall notify the 
department and the  appropriate regional board of 
the board's   its  interest in providing funding
and remediation oversight for the site.
   (e) For a nonsensitive land use site, the  board 
 department  shall proceed as the remediation oversight
agency, following the notification required under subdivision (d),
unless the department or regional board requests a site consultation
meeting under subdivision (g).
   (f) For an existing or proposed sensitive land use site, the
 board   department  shall request a site
consultation meeting under subdivision (g).
   (g) For sites with existing or proposed sensitive land uses or
water quality impacts, or where otherwise requested by the department
or a regional board,  the board,  the department,
the State Water Resources Control Board, and the appropriate regional
board shall hold a site consultation meeting to determine which
agency will provide remediation oversight. If, following a review of
the site information, the department or a regional board requests to
provide remediation oversight, that request shall be granted.
 If the department or a regional board does not request to
provide remediation oversight, remediation oversight of the site
shall remain with the board. In cases where the board requested the
meeting, the determination of remediation oversight agency shall be
made within 30 days of the board's request for the meeting. 

   (h) The  board   department  may require
the imposition of an environmental restriction on any burn dump site
where solid waste or residuals from the burning of solid waste is
left in place. The environmental restriction shall meet the
requirements described in Section 1471 of the Civil Code, and the
restrictions shall run with the land.
   (i) On or before March 30, 2003, the board and the department
shall enter into an agreement relating to the funding of any
activities of the department appropriately conducted pursuant to this
section.
   (j) Nothing in this section is intended to limit the authority of
 the board,  the department, the State Water
Resources Control Board, or a regional board pursuant to other
provisions of law.
   (k) Nothing in this section is intended to preclude any qualifying
entity from applying for and receiving funding assistance under any
other provision of law. 
  SEC. 443.    Section 48023 of the Public Resources Code is
amended to read: 
   48023.  (a) If the  board   Department of
Toxic Substances Control  expends any funds pursuant to this
article, the  board   Department of Toxic
Substances Control  shall, to the extent feasible, seek
repayment from responsible parties in an amount equal to the amount
expended, a reasonable amount for the  board's  
Department of Toxic Substances Control's  cost of contract
administration, and an amount equal to the interest that would have
been earned on the expended funds.
   (b) In implementing this article, the  board 
 Department of Toxic Substances Control  is vested, in
addition to its other powers, with all the powers of an enforcement
agency under this division.
   (c) The amount of any cost incurred by the  board
  Department of Toxic Substances Control  pursuant
to this article shall be recoverable from responsible parties in a
civil action brought by the  board or, upon the request of
the board, by the Attorney General pursuant to Section 40432
  Department of Toxic Substances Control  . 
  SEC. 444.    Section 48023.5 of the Public Resources Code
is amended to read: 
   48023.5.  (a) In addition to the remedies authorized under Section
48023, any costs or damages incurred under this article by the
 board   Department of Toxic Substances Control
 constitute a lien upon the real property owned by any
responsible party that is subject to the remedial action. The lien
shall attach regardless of whether the responsible party is
insolvent. A lien imposed under this section shall arise at the time
costs are first incurred by the  board  
Department of Toxic Substances Control  with respect to a
remedial action at the site.
   (b) A lien established under this section shall be subject to the
notice and hearing procedures required by due process of the law.
Prior to imposing the lien, the  board  
Department of Toxic Substances Control  shall send the property
owner via certified mail a "Notice of Intent to Place A Lien" letter.
This letter shall provide that the owner, within 14 calendar days
from the date of receipt of the letter, may object to the imposition
of the lien either in writing or through an informal proceeding
before a neutral official. This neutral official shall be the
 board's executive director or his or her designee, who may
not have had any prior involvement with the site   ____
 . The issue before the neutral official shall be whether the
 board   Department of Toxic Substances Control
 has a reasonable basis for its determination that the statutory
elements for lien placement under this section are satisfied. During
this proceeding the property owner may present information or submit
documents, or both, to establish that the  board 
 Department of Toxic Substances Control  should not place a
lien as proposed. The neutral official shall assure that a record of
the proceeding is made, and shall issue a written decision. The
decision shall state whether the property owner has established any
issue of fact or law to alter the  board's  
Department of Toxic Substances Control's  intention to file a
lien, and the basis for the decision.
   (c) The  board   Department of Toxic
Substances Control  may not be considered a responsible party
for a remediated site merely because a lien is imposed under this
section.
   (d) A lien imposed under this section shall continue until the
liability for the costs or damages incurred under this article, or a
judgment against the responsible party, is satisfied. However, if it
is determined by a court that the judgment against the responsible
party will not be satisfied, the  board  
Department of Toxic Substances Control  may exercise its rights
under the lien.
   (e) A lien imposed under this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.
The lien shall contain a legal description of the real property that
is subject to, or affected by, the remedial action, the assessor's
parcel number, and the name of the owner of record, as shown on the
latest equalized assessment roll.
   (f) All funds recovered under this section on behalf of the
 board's   Department of Toxic Substances
Control's  solid waste disposal and codisposal site cleanup
program shall be deposited in the Solid Waste Disposal Site Cleanup
Trust Fund established under Section 48027. 
  SEC. 445.    Section 48025 of the Public Resources Code is
amended to read: 
   48025.  The  board   Department of Toxic
Substances Control  may adopt regulations for the implementation
of this article. 
  SEC. 446.    Section 48026 of the Public Resources Code is
amended to read: 
   48026.  All expenses which are incurred by the  board
  Department of Toxic Substances Control  in
carrying out this article shall be payable solely from the trust
fund. No liability or obligation is imposed upon the state pursuant
to this part, and the  board   Department of
Toxic Substances Control  shall not incur a liability or
obligation beyond the extent to which money is provided in the trust
fund for the purposes of this article. 
  SEC. 447.    Section 48027 of the Public Resources Code is
amended to read: 
   48027.  (a) (1) The Legislature hereby finds and declares that
effective response to cleanup at solid waste disposal and codisposal
sites requires that the state have sufficient funds available in the
trust fund created pursuant to subdivision (b).
   (2) The Legislature further finds and declares that the
maintenance of the trust fund is of the utmost importance to the
state and that it is essential that any money in the trust fund be
used solely for the purposes authorized in this article and not be
used, loaned, or transferred for any other purpose.
   (b) The Solid Waste Disposal Site Cleanup Trust Fund is hereby
created in the State Treasury. Notwithstanding Section 13340 of the
Government Code, the money in the trust fund is hereby continuously
appropriated to the  board   Department of Toxic
Substances Control  for expenditure, without regard to fiscal
years, for the purposes of this article.
   (c) The following money shall be deposited into the trust fund:
   (1) Funds appropriated by the Legislature from the Integrated
Waste Management Account to the  board  
Department of Toxic Substances Control  for solid waste disposal
or codisposal site cleanup.
   (2) Any interest earned on the money in the trust fund.
   (3) Any cost recoveries from responsible parties for solid waste
disposal or codisposal site cleanup and loan repayments pursuant to
this article.
   (d) If this article is repealed, the trust fund shall be dissolved
and all money in the fund shall be distributed to solid waste
landfill operators who have paid into the trust fund during effective
life of the trust fund.
   (e) Any trust fund distributions received by solid waste landfill
operators pursuant to subdivision (c) may be used for only any of the
following activities, as related to solid waste landfills:
   (1) Solid waste landfill closure and postclosure maintenance
operations.
   (2) Implementation of Part 258 (commencing with Section 258.1) of
Title 40 of the Code of Federal Regulations.
   (3) Corrective actions at the solid waste landfill.
   (f) The balance in the trust fund each July 1 shall not exceed
thirty million dollars ($30,000,000). 
  SEC. 448.    Section 48028 of the Public Resources Code is
amended to read: 
   48028.  Any funds appropriated for the purpose of the program that
are not expended shall remain in the trust fund for future
expenditure by the  board   Department of Toxic
Substances Control  for the purposes of this article or until
this article is repealed. 
  SEC. 449.    Section 48100 of the Public Resources Code is
amended to read: 
   48100.  (a) The Legislature hereby finds and declares that illegal
disposal of solid waste on property owned by innocent parties is a
longstanding problem needing attention and that grants provided under
this chapter will support the cleanup of farm and ranch property.
   (b) The  board   Department of Toxic
Substances Control  shall  establish a  
administer the  farm and ranch solid waste cleanup and abatement
grant program for the purposes of cleaning up and abating the
effects of illegally disposed solid waste pursuant to this chapter.
   (c) (1) The Farm and Ranch Solid Waste Cleanup and Abatement
Account is hereby created in the General Fund and may be expended by
the  board   Department of Toxic Substances
Control  , upon appropriation by the Legislature in the annual
Budget Act, for the purposes of this chapter.
   (2) The following funds shall be deposited into the account:
   (A) Money appropriated by the Legislature from the Integrated
Waste Management Fund or the California Used Oil Recycling Fund to
the  board   Department of Toxic Substances
Control  for the grant program, or from the California Tire
Recycling Management Fund to the  board  
Department of Toxic Substances Control  for the purposes set
forth in  subdivision (j) of  Section 42889.
   (B) Notwithstanding Section 16475 of the Government Code, any
interest earned on the money in the account.
   (3) The  board   Department of Toxic
Substances Control  may expend the money in the account for both
of the following purposes:
   (A) To pay the costs of implementing this chapter, which costs
shall not exceed 7 percent of the funds available for the grant
program.
   (B) To make payments for grants authorized by this chapter.
   (4) Upon authorization by the Legislature in the annual Budget
Act, the sum of all funds transferred into the account from other
funds or accounts shall not exceed one million dollars ($1,000,000)
annually.
   (5) Notwithstanding any other provision of law, the grant program
shall be funded from the following funds:
   (A) The Integrated Waste Management Fund.
   (B) The California Tire Recycling Management Fund, for the
purposes set forth in  subdivision (j) of  Section
42889.
   (C) The California Used Oil Recycling Fund.
   (d) For purposes of this chapter, the following definitions shall
apply:
   (1) "Native American tribe" has the same meaning as tribe, as
defined in subdivision (b) of Section 44201.
   (2) "Public entity" means a city, county, or resource conservation
district. 
  SEC. 450.    Section 48101 of the Public Resources Code is
amended to read: 
   48101.  (a) The grant program shall be established to make grants
available to public entities and Native American tribes for the
purposes described in subdivision (b) of Section 48100 in an amount
not to exceed the sum of two hundred thousand dollars ($200,000) per
year for any single public entity or Native American tribe, and not
to exceed fifty thousand dollars ($50,000) for any single cleanup or
abatement project. A Native American tribe or public entity may not
expend more than 7 percent of the grant for administrative costs.
   (b) The  board   Department of Toxic 
 Substances Control  shall give priority to the provision of
grants to public entities and Native American tribes that have
established innovative and cost-effective programs designed to
discourage the illegal disposal of solid waste and to encourage the
proper disposal of solid waste in permitted solid waste disposal
facilities.
   (c) A grant agreement between the  board  
Department of Toxic Substances Control  and a public entity or
Native American tribe may provide for, but is not limited to, all of
the following provisions:
   (1) Site-specific cleanup and removal of solid waste that is
illegally disposed on farm or ranch property.
   (2) Comprehensive, ongoing enforcement programs for the cleanup
and removal of solid waste that is illegally disposed of on farm or
ranch property.
   (3) Waiver of tipping fees or other solid waste fees at permitted
solid waste facilities for solid waste that was illegally disposed of
on farm or ranch property.
   (d) On and after the adoption of grant program regulations by the
 board   Department of Toxic Substances Control
 , any fines levied on, or abatement orders issued against, a
farm or ranch owner by the local enforcement agency or other local
agency as the result of solid waste disposed of on the owner's farm
or ranch property, regarding which the owner has made application to
a public entity or Native American tribe for a grant under this
chapter, shall be stayed, upon the owner's written request to the
local enforcement agency or other local agency, if (1) the local
agency makes a decision that the property owner was not responsible
for the dumping or (2) the property owner has filed a written appeal
of the local agency's decision to the  board  
Department of Toxic Substances Control  and the  board's
  Department of Toxic Substances Control's 
decision on the matter is pending. 
  SEC. 451.    Section 48103 of the Public Resources Code is
amended to read: 
   48103.  (a) The  board   Department of Toxic
Substances Control  shall adopt regulations to implement this
chapter.
   (b) The regulations adopted pursuant to this section shall include
criteria for grant eligibility and shall establish a process that is
open and accessible to the public under which grant applications may
be reviewed, ranked, and awarded. The regulations shall also develop
a process for a farm or ranch property owner to appeal a public
entity's or Native American tribe's determination of responsibility
pursuant to Section 48102.
   (c) The regulations adopted under this section shall require the
applicant public entity or Native American tribe to certify to both
of the following:
   (1) That the public entity or Native American tribe is the only
applicant for funding under the program for any particular farm or
ranch property.
   (2) That the owner of the farm or ranch property is not
responsible for the illegal disposal of the solid waste.
   (3) That the public entity or Native American tribe has in place a
program that is sufficient to prevent future incidents of illegal
solid waste disposal.
   (d) If a public entity or Native American tribe denies a grant
application, it shall notify the farm or ranch property owner in
writing as to why the application was denied.
   (e) Nothing in this section is intended to prevent a farm or ranch
property owner from receiving reimbursement for solid waste cleanup
or abatement costs under the grant program or pursuant to any other
law. 
  SEC. 452.    Section 48104 of the Public Resources Code is
amended to read: 
   48104.  Each year  , as part of the annual report required
to be submitted pursuant to Section 40507,  the 
board   Department of Toxic Substances Control 
shall report to the Governor and the Legislature on all of the
following:
   (a) Actions the  board   Department of Toxic
Substances Control  has taken under the grant program.
   (b) The costs and effectiveness in cleaning up and abating solid
waste illegally disposed of on farm and ranch property.
   (c) The number of sites cleaned up and abated in each county.
   (d) The number of participant cities, counties, districts, and
Native American tribes, and the sites cleaned up and abated through
those cities, counties, districts, and Native American tribes.
   (e) The types of solid waste cleaned up and abated.
   (f) The number of sites not approved for the grant program, and
the reasons for that disapproval.
   (g) The types of property on which solid waste has been cleaned up
and abated. 
  SEC. 453.    Section 48106 of the Public Resources Code is
amended to read: 
   48106.  Nothing in this chapter is intended to relieve any party
who is responsible for the generation or illegal deposition of the
solid waste from liability for removal costs if the party can be
identified. Farm or ranch property owners whose property is the
subject of solid waste cleanup
           or abatement under this chapter and who are not
responsible for the generation or deposition of the solid waste shall
not be subject to any cost recovery action for cleanup or abatement
costs borne by public entities or Native American tribes or the
 board   Department of Toxic Substances Control
 under this chapter. 
  SEC. 454.    Section 48202 of the Public Resources Code is
amended to read: 
   48202.  (a) The Legislature hereby establishes the Landfill
Closure Loan Program to provide financial assistance to operators of
older-technology, unlined landfills, who want to pursue early
landfill closure in order to mitigate potential environmental
problems.
   (b) The  board   Department of Toxic
Substances Control  may expend funds from the Integrated Waste
Management Fund, upon appropriation by the Legislature, to make loans
to operators of solid waste landfills to assist them in the early
closure of their landfills. In granting loans, the  board
  Department of Toxic Substances Control  shall
give highest priority to operators of small, rural, unlined landfills
that, if not closed, would represent the most serious potential
threat to the public health and safety, or the environment, in the
opinion of the  board   Department of Toxic
Substances Control  .
   (c) The  board   Department of Toxic
Substances Control  may expend money in the fund, upon
appropriation by the Legislature, for program administration.
   (d) All funds received from the operation of the program,
including, but not limited to, principal repayments, recovery of
collection costs, income earned on any asset recovered pursuant to
loan default, and funds collected through foreclosure actions, shall
be deposited in the fund and may be used for purposes authorized by
this chapter.
   (e) The  board   Department of Toxic
Substances Control  may set aside moneys in the fund for the
purposes of paying costs necessary to protect the state's position as
a lender-creditor. These costs shall include, but not be limited to,
foreclosure expenses, environmental reports, auction fees, title
searches, appraisals, real estate brokerage fees, attorney fees,
mortgage payments, insurance payments, utility costs, repair costs,
removal and storage costs for repossessed equipment and inventory,
and expenditures to purchase a senior lien in foreclosure or
bankruptcy proceedings. 
  SEC. 455.    Section 48204 of the Public Resources Code is
amended to read: 
   48204.  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  
Department of Toxic Substances Control  . All money received as
repayment on a loan shall be deposited in the fund.
   (b) The  board   Department of Toxic
Substances Control  shall approve only those loan applications
that demonstrate the applicant's financial ability to repay the loan.

   (c) Loans may be made only to applicants who are using trust funds
or enterprise funds as financial assurance mechanisms to finance
landfill closure and postclosure maintenance and who are in
compliance with financial assurance requirements for landfill closure
and post-closure maintenance.
   (d) The term of any loan made pursuant to this section shall be
not more than 10 years.
   (e) The interest rate of any loan made pursuant to this section
may be zero percent.
   (f) The  board   Department of Toxic
Substances Control  may not finance more than five hundred
thousand dollars ($500,000) for each landfill closure project.
   (g) The Department of Finance may audit the expenditure of the
proceeds of any loan made pursuant to this chapter. 
  SEC. 456.    Section 48205 of the Public Resources Code is
amended to read: 
   48205.  The  board  Department of Toxic
Substances Control  , the California Pollution Control Financing
Authority, the Treasurer, and other appropriate state officers and
agencies shall, to the extent feasible and as appropriate, coordinate
activities that will leverage financing for the program and
encourage joint activities to protect the public health and the
environment. 
  SEC. 457.    Section 48206 of the Public Resources Code is
amended to read: 
   48206.  The  board   Department of Toxic
Substances Control  shall adopt regulations to implement this
chapter. 
  SEC. 458.    Section 48502 of the Public Resources Code is
repealed.  
   48502.  Notwithstanding any other provision of law, the powers and
duties of the Department of Toxic Substances Control pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code, including those concerning the issuance of
permits for hazardous waste disposal sites, enforcement activities
related to the handling, transportation, storage, use, processing,
and disposal of hazardous wastes, and the development of programs for
the recycling and recovery of resources from hazardous wastes, shall
not be assumed or duplicated by the board pursuant to its
responsibilities, powers, and duties provided in this division.
 
  SEC. 459.    Section 48632 of the Public Resources Code is
amended to read: 
   48632.  The  board   Department of Toxic
Substances Control  may issue grants or loans pursuant to
subdivision (b) of Section 48631 for only the following purposes:
   (a) To local governments for providing opportunities for used
lubricating oil collection, which are in addition to those included
in the local used oil collection programs adopted pursuant to Article
10 (commencing with Section 48690). Grants or loans under this
subdivision may also be for those purposes identified in subdivision
(d).
   (b) To nonprofit entities for projects, which may include one or
more of the following programs or activities:
   (1) Establishing used lubricating oil collection centers.
   (2) Providing containers and other materials and supplies that the
public can utilize in an environmentally sound manner to store used
lubricating oil for pickup or return to a used oil collection center.

   (3) Obtaining equipment and establishing procedures to comply with
federal, state, and local law regarding the collection, handling,
and storage of used oil.
   (4) For the purposes identified in subdivision (d).
   (c) For either or both of the following purposes:
   (1) Research, testing, and demonstration projects for collection
technologies and to develop uses for products resulting from the
recycling of used oil.
   (2) The purposes identified in subdivision (d).
   (d) (1) For education and mitigation projects relating to
stormwater pollution from used oil and oil byproducts, including, but
not limited to, use of storm drain inlet filter devices.
   (2) A local government shall not receive a grant or loan pursuant
to this section for any purpose identified in paragraph (1) unless
the local government certifies that it has a stormwater management
program that is approved by the appropriate California regional water
quality control board and that the project approved for funding
under paragraph (1) is consistent with that approved stormwater
management program. 
  SEC. 460.    Section 48634 of the Public Resources Code is
amended to read: 
   48634.  In adopting the program required by this article, the
 board   Department of Toxic Substances Control
 shall consider information developed pursuant to the Used Oil
Collection Demonstration Grant Program Act of 1990 (Chapter 1.5
(commencing with Section 3475) of Division 3). 
  SEC. 461.    Section 48640 of the Public Resources Code is
amended to read: 
   48640.  The  board   Department of Toxic
Substances Control  shall administer this chapter. For
organizational purposes, the  board   Department
of Toxic Substances Control  may create a new division, bureau,
office, or unit to administer this chapter. 
  SEC. 462.    Section 48641 of the Public Resources Code is
amended to read: 
   48641.  In addition to any other regulations which the 
board   Department of Toxic Substances Control is
required by statute to adopt, the  board  
Department of Toxic Substances Control  may adopt any other
rules and regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code which the  board   Department of Toxic
Substances Control  determines may be necessary or useful to
carry out this chapter or any of the  board's  
Department of Toxic Substances Control's  duties or
responsibilities imposed pursuant to this chapter. 
  SEC. 463.    Section 48642 of the Public Resources Code is
amended to read: 
   48642.  The  board   Department of Toxic
Substances Control  may prepare, publish, or issue printed
pamphlets, which the  board   Department of
Toxic Substances Control  determines to be necessary, for the
dissemination of information concerning the activities of the
 board   Department of Toxic Substances Control
 pursuant to this chapter. 
  SEC. 464.    Section 48643 of the Public Resources Code is
amended to read: 
   48643.  In carrying out this chapter, the  board 
 Department of Toxic Substances Control  may solicit and
use any and all expertise available in other state agencies,
including, but not limited to, the State Board of Equalization, and,
where an existing state agency performs functions of a similar nature
to the  board's   Department of Toxic
Substances Control's  functions, the  board 
 Department of Toxic Substances Control  may contract with
or cooperate with that agency in carrying out this chapter. 
  SEC. 465.    Section 48644 of the Public Resources Code is
amended to read: 
   48644.  The  board   Department of Toxic
Substances Control  shall maintain access to a toll-free
telephone number which is to be used for the purpose of informing
callers of the following:
   (a) The permissible methods of recycling or disposing of used oil.

   (b) Specific establishments located in the area of the caller that
have notified the  board   Department of Toxic
S   ubstances Control  that they accept used oil. 
  SEC. 466.    Section 48645 of the Public Resources Code is
amended to read: 
   48645.  Final approval of applicant and project eligibility
standards, scoring and evaluation processes, and awarding of loans or
grants under this chapter shall be made in a public meeting of, and
pursuant to  a vote of,   the approval of 
the  board   Department of Toxic Substances
Control  . 
  SEC. 467.    Section 48650 of the Public Resources Code is
amended to read: 
   48650.  (a) Every oil manufacturer shall pay to the  board
  Department of Toxic Substances Control  , on or
before the last day of the month following each quarter, an amount
equal to four cents ($0.04) for every quart, or sixteen cents ($0.16)
for every gallon, of lubricating oil sold or transferred in the
state, or imported into the state for use in the state in that
quarter. For lubricating oil sold by weight, a weight to volume
conversion factor of 7.5 pounds per gallon shall be used to determine
the fee. Except as provided in subdivision (b), no payment is
required for oil which meets any of the following:
   (1) Oil for which a payment has already been made to the 
board   Department of Toxic Substances Control 
pursuant to this section.
   (2) Oil exported or sold for export from the state.
   (3) Oil sold for use in vessels operated in interstate or foreign
commerce.
   (4) Oil imported into the state in the engine crankcase,
transmission, gear box, or differential of an automobile, bus, truck,
vessel, plane, train, or heavy equipment or machinery.
   (5) Bulk oil imported into, transferred in, or sold in the state
to a motor carrier, as defined in Section 408 of the Vehicle Code,
and used in a vehicle designated in subdivisions (a) and (b) of
Section 34500 of the Vehicle Code.
   (6) The oil otherwise subject to payment pursuant to this
subdivision has a volume of five gallons or less.
   (b) If oil exempted from payment pursuant to subdivision (a) is
subsequently sold or transferred for use, or is used, in this state,
and the use does not qualify for exemption pursuant to subdivision
(a), the entity which sells, transfers, or uses the oil for a purpose
which is not exempt from payment, shall make the payment specified
in subdivision (a).
   (c) This section shall become operative on January 1, 2000. 
  SEC. 468.    Section 48650.2 of the Public Resources Code
is amended to read: 
   48650.2.  For the purposes of this chapter, the  board
  Department of Toxic Substances Control  may
collect the fees pursuant to the Fee Collection Procedures Law (Part
30 (commencing with Section 55001) of Division 2 of the Revenue and
Taxation Code). 
  SEC. 469.    Section 48650.5 of the Public Resources Code
is amended to read: 
   48650.5.  (a) Any person who has made a payment pursuant to
Section 48650 on lubricating oil exempted from payment pursuant to
subdivision (a) of Section 48650, and the payment was made either
directly to the  board   Department of Toxic
Substances Control  , or indirectly to a vendor from whom it was
purchased, by the adding of the amount of the payment to the price
of the lubricating oil, shall be reimbursed and repaid the amount of
the payment made on that oil, except as otherwise provided in this
section.
   (b) The claimant of a refund shall present to the  board
  Department of Toxic Substances Control  a claim
supported by the original invoice showing the purchase. The claim
shall state the total amount of the lubricating oil purchased by the
claimant and the manner and the equipment in which the claimant has
used the lubricating oil. The claim shall not be under oath but shall
contain, or be accompanied by, a written declaration that it is made
under the penalty of perjury.
   (c) The  board   Department of Toxic
Substances Control  , upon the presentation of the claim and the
invoice, shall pay the claimant from the payments collected under
Section 48650 an amount equal to the payments collected on the
lubricating oil in respect to which the refund is claimed.
   (d) Any person who willfully makes or subscribes to a claim for
refund under this section which the person does not believe to be
true and correct as to every material matter is guilty of a felony,
and upon conviction thereof shall be subject to the penalties
prescribed for perjury by the Penal Code. All applications for refund
under this section based upon the exportation of lubricating oil
from this state shall be filed with the  board 
Department of Toxic Substances Control  within the three months
after the close of the calendar month in which the lubricating oil is
exported or 13 months from the date of the purchase of the
lubricating oil, whichever is later. Any application filed after the
prescribed time shall not be considered by the  board
  Department of Toxic Substances Control  or any
other agency or officer of the state for any purpose.
   (e) In lieu of the collection and refund of the payment on
lubricating oil used by a manufacturer in a manner that entitles a
purchaser to claim a refund under this section, the  board
  Department of Toxic Substances Control  may give
a credit to the manufacturer upon the filing of a return and the
determination of the amount of the fee.
   (f) In lieu of the collection and refund of the payment on
lubricating oil exported by a licensed manufacturer for use outside
the state in a manner that entitles a manufacturer to claim a refund
pursuant to this section, the  board  
Department of Toxic Substances Control  may give a credit to the
distributor upon his or her payment return and the determination of
the amount of his or her payment, in accordance with such rules and
regulations as the  board   Department of Toxic
Substances Control  may prescribe.
   (g) When an amount represented by a person to a customer as
constituting reimbursement for fees due under this chapter is
computed upon an amount that is not subject to that fee, or is in
excess of that fee amount due, and is actually paid by the customer
to the person, the amount so paid shall be returned by the person to
the customer, upon notification by the  board  
Department of Toxic Substances Control  or by the customer that
the excess has been ascertained. If the person fails or refuses to
return that amount, the person shall remit to the  board
  Department of Toxic Substances Control  the
amount so paid, if the amount was knowingly or mistakenly computed by
the person upon an amount that is not subject to the fee, or is in
excess of the fee due. 
  SEC. 470.    Section 48651 of the Public Resources Code is
amended to read: 
   48651.  (a) The  board   Department of Toxic
Substances Control  shall pay a recycling incentive to every
industrial generator, curbside collection program, and certified used
oil collection center, for used lubricating oil collected from the
public, or generated by the certified used oil collection center or
the industrial generator, and transported by a used oil hauler to the
facilities specified in Section 48623.
   (b) The  board   Department of Toxic
Substances Control  shall pay a recycling incentive to an
electric utility, as defined in Section 25108, for used lubricating
oil generated and used by the electric utility for electrical
generation if the electric utility's use of the used lubricating oil
meets the requirements of subparagraph (C) of paragraph (2) of
subdivision (d) of Section 25143.2 of the Health and Safety Code and
the used oil is in compliance with the standards for recycled oil
established in paragraph (3) of subdivision (a) of Section 25250.1 of
the Health and Safety Code.
   (c) A person or entity that generates used industrial oil or a
used oil storage facility or a used oil transfer facility that
accepts used oil shall cause that oil to be transported by a used oil
hauler to a certified used oil recycling facility or an out-of-state
recycling facility registered with the Environmental Protection
Agency and operating in substantial compliance with applicable
regulatory standards of the state in which the recycling facility is
located. 
  SEC. 471.    Section 48652 of the Public Resources Code is
amended to read: 
   48652.  The  board   Department of Toxic
Substances Control  shall set the recycling incentive amount at
not less than four cents ($0.04) per quart. The amount may be set at
an amount higher than four cents ($0.04) if the  board
  Department of Toxic Substances Control 
determines that a higher amount is necessary to promote recycling of
used lubricating oil and sufficient funds are available in the fund.
The  board   Department of Toxic Substances
Control  shall not change the amount of the recycling incentive
until at least one year has passed since the amount was last set. The
 board   Department of Toxic Substances Control
 shall continue providing recycling incentives to certified
used oil collection centers at the previous rate for one month after
setting the recycling incentive at a different rate. The 
board   Department of Toxic Substances Control 
shall not raise the recycling incentive amount unless it finds that
the raise will not adversely affect funding required pursuant to
Sections 48631, 48653, and 48660.5. 
  SEC. 472.    Section 48653 of the Public Resources Code is
amended to read: 
   48653.  The  board   Department of Toxic
Substances Control  shall deposit all amounts paid pursuant to
Section 48650 by manufacturers, civil penalties, or fines paid
pursuant to this chapter, and all other revenues received pursuant to
this chapter into the California Used Oil Recycling Fund, which is
hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, the money in the fund is to be appropriated
solely as follows:
   (a) Continuously appropriated to the  board  
Department of Toxic Substances Control  for expenditure for the
following purposes:
   (1) To pay recycling incentives pursuant to Section 48651.
   (2) To provide a reserve for contingencies, as may be available
after making other payments required by this section, in an amount
not to exceed one million dollars ($1,000,000).
   (3) To make block grants for the implementation of local used oil
collection programs adopted pursuant to Article 10 (commencing with
Section 48690) to cities, based on the city's population, and
counties, based on the population of the unincorporated area of the
county, in a total annual amount equal to ten million dollars
($10,000,000) or half of the amount which remains in the fund after
the expenditures are made pursuant to paragraphs (1) to (3),
inclusive, and subdivision (b), whichever amount is greater,
multiplied by the fraction equal to the population of cities and
counties which are eligible for block grants pursuant to Section
48690, divided by the population of the state. The  board
  Department of Toxic Substances Control  shall use
the latest population estimates of the state generated by the
Population Research Unit of the Department of Finance in making the
calculations required by this paragraph.
   (4) For expenditures pursuant to Section 48656.
   (b) The money in the fund may be expended by the  board
  Department of Toxic Substances Control  for the
administration of this chapter and by the department for inspections
and reports pursuant to Section 48661, only upon appropriation by the
Legislature in the annual Budget Act.
   (c) The money in the fund may be transferred to the Farm and Ranch
Solid Waste Cleanup and Abatement Account in the General Fund, upon
appropriation by the Legislature in the annual Budget Act, to pay the
costs associated with implementing and operating the Farm and Ranch
Solid Waste Cleanup and Abatement Grant Program established pursuant
to Chapter 2.5 (commencing with Section 48100).
   (d) Appropriations to the  board   Department
of Toxic Substances Control  to pay the costs necessary to
administer this chapter, including implementation of the reporting,
monitoring, and enforcement program pursuant to subdivision (d) of
Section 48631, shall not exceed three million dollars ($3,000,000)
annually.
   (e) The Legislature hereby finds and declares its intent that the
sum of two hundred fifty thousand dollars ($250,000) should be
annually appropriated from the California Used Oil Recycling Fund in
the annual Budget Act to the  board   Department
of Toxic Substances Control  , commencing with fiscal year
1996-97, for the purposes of Section 48655. 
  SEC. 473.    Section 48655 of the Public Resources Code is
amended to read: 
   48655.  The  board   Department of Toxic
Substances Control  may enter into a contract with the
department that will utilize the resources of the department to
provide for greater investigation and enforcement efforts for used
lubricating oil handling and storage and transfer facility
operations. The department shall assist the  board 
 Department of Toxic Substances Control  in developing the
used oil program and providing assistance to local governments in
removing barriers to the establishment of used oil collection
programs. 
  SEC. 474.    Section 48656 of the Public Resources Code is
amended to read: 
   48656.  After all of the expenditures pursuant to Section 48653
have been made, notwithstanding paragraph (4) of subdivision (a) of
Section 48653, the balance remaining in the fund shall be available
to the  board   Department of Toxic Substances
Control  for expenditure solely for the implementation of
subdivisions (b) and (c) of Section 48631 and Sections 48632 and
48660.5. The  board   Department of Toxic
Substances Control  shall not expend more than two hundred
thousand dollars ($200,000) to implement Section 48660.5 and at least
40 percent of the money remaining in the fund shall be expended for
the purposes of subdivision (a) of Section 48632, at least 10 percent
shall be expended for the purposes of subdivision (b) of Section
48632, at least 20 percent shall be expended for the purposes of
subdivision (c) of Section 48631, and at least 10, but not more than
15, percent shall be expended for the purposes of subdivision (c) of
Section 48632. 
  SEC. 475.    Section 48657 of the Public Resources Code is
amended to read: 
   48657.  The  board   Department of Toxic
Substances Control  shall keep accurate books, records, and
accounts of all of its dealings, and these books, records, and
accounts, and any amounts paid into or from the fund, are subject to
an annual audit by an auditing firm selected by the  board
  Department of Toxic Substances Control  . The
auditing firm or the  board   Department of
Toxic Substances Control  shall also conduct a selective audit
of entities making payments to, or receiving payments from, the
 board   Department of Toxic Substances Control
 to determine whether payments required by Section 48650 are
being paid to the  board   Department of Toxic
Substances Control  on all lubricating oil sold in California,
and that grants and recycling incentives are being paid out properly
by the  board   Department of Toxic Substances
Control  . 
  SEC. 476.    Section 48660 of the Public Resources Code is
amended to read: 
   48660.  (a) No used oil collection center shall be eligible for
the payment of recycling incentives until the  board
  Department of Toxic Substances Control  has
certified that the center is in compliance with the requirements
specified in subdivision (b). Before certification, the 
board   Department of Toxic Substances Control  may
require the center to submit any information that the  board
  Department of Toxic Substances Control 
determines is necessary to find that the center is in compliance with
those requirements. A center shall reapply for certification every
two years. The  board   Department of Toxic
Substances Control  may cancel the certification of a center if
the  board   Department of Toxic Substances
Control  finds, after a public hearing, that the center is not,
or has not been, in compliance with subdivision (b). The 
                                          board  
Department of Toxic Substances Control  may withhold the payment
of recycling incentives for used lubricating oil collected by a
center if the  board   Department of Toxic
Substances Control  finds that the center was not in compliance
with subdivision (b) during the time in which the used lubricating
oil was collected.
   (b) To be eligible for certification by the  board
  Department of Toxic Substances Control  and for
the payment of recycling incentives, the used oil collection center
shall do all of the following:
   (1) (A) Accept used lubricating oil from the public at no charge
during the hours between 8 a.m. and 8 p.m. that the entity operating
as the center is open for business.
   (B) The  board   Department of Toxic
Substances Control  may approve alternative hours for the
acceptance of used lubricating oil by an individual center if either
of the following conditions is met:
   (i) The center accepts used lubricating oil for 12 continuous
hours daily.
   (ii) The center demonstrates that compliance with Section 279.31
of Title 40 of the Code of Federal Regulations prevents the center
from complying with subparagraph (A).
   (2) Pay to any person an amount equal to the recycling incentive
which the center will receive for used lubricating oil brought to the
center in containers by the person. Nothing in this chapter
prohibits any person from donating used lubricating oil to a center.
With the exception of centers that generate used lubricating oil by
servicing motor vehicles, the recycling incentive may be in the form
of a credit that may be applied toward the purchase of goods or
services offered by the center, as determined by the  board
  Department of Toxic Substances Control  . The
credit shall be in the form of a voucher or coupon with a value of at
least twice the incentive amount to be paid pursuant to Section
48652 and have no other limits for use, unless prescribed by the
 board   Department of Toxic Substances Control
 .
   (3) Provide information to the  board  
Department of Toxic Substances Control  for informing the public
of the center's acceptance of used lubricating oil.
   (4) Provide notice to the public, through onsite signs and
periodic advertising in local media, of the center's acceptance of
used lubricating oil from the public.
   (A) Onsite signs shall be of a design prescribed by the 
board   Department of Toxic Substances Control  and
exterior signs shall be posted in a location that is easily visible
from a public street.
   (B) A certified center shall post a combined symbolic and
information exterior sign of at least two feet by three feet in size,
or shall post an exterior symbolic sign of at least two feet by 18
inches in size. If the exterior symbolic sign is posted, the combined
symbolic and informational sign shall be concurrently posted so that
it is easily readable from the location where the used oil is
received from the public. The exterior symbolic sign shall include
the following words in a manner specified by the  board
  Department of Toxic Substances Control  : "Used
Oil Collection Center."
   (C) The informational portion of the combined signs shall include
the following words, in a manner specified by the  board
  Department of Toxic Substances Control  : "Used
Oil Collection Center--Recycling Incentive Paid for Used Lubricating
Oil in Containers During Business Hours from Members of the Public
Who Change Their Own Oil."
   (D) A center that does not accept used lubricating oil from the
public during all of its business hours, but meets the requirements
of paragraph (1), shall indicate on the exterior sign the hours when
that used oil is accepted at no charge from the public and these
hours shall be posted instead of the business hours.
   (E) If local zoning ordinances prevent signs of a size consistent
with this paragraph, the exterior symbolic sign shall be of the
maximum allowable size.
   (c) Notwithstanding subdivision (b), a used oil collection center
may refuse to accept used lubricating oil which has been contaminated
in a manner other than that which would occur through normal use.
   (d) Notwithstanding subdivision (b), no used oil collection center
shall knowingly accept used lubricating oil for which a payment has
not been made pursuant to Section 48650. 
  SEC. 477.    Section 48660.5 of the Public Resources Code
is amended to read: 
   48660.5.  (a) If the  board   Department of
Toxic Substances Control  finds that a shipment of used oil from
a certified used oil collection center or a curbside collection
program is contaminated by hazardous materials in excess of that
which generally occurs in normal use, which renders the used oil
infeasible for recycling, and requires that the used oil be destroyed
at a substantially higher cost than the cost generally to recycle
used oil, the  board   Department of Toxic
Substances Control  shall, upon application by the used oil
collection center or curbside collection program, reimburse the
center or program for the additional disposal cost, subject to the
eligibility requirements of subdivision (b), except as provided in
subdivision (c).
   (b) A certified used oil collection center or curbside collection
program is eligible for reimbursement only if it demonstrates to the
satisfaction of the  board   Department of Toxic
Substances Control  all of the following:
   (1) The center or program has established procedures to ensure
that the used oil it generates and accepts from the public will not
be mixed with other hazardous wastes, especially halogenated wastes.
These procedures shall include, but not be limited to, instructing
the public and employees that used oil shall not be mixed with other
hazardous waste. The  board   Department of
Toxic Substances Control  shall not require a center or program
to test used oil received from the public as part of these
procedures.
   (2) The shipment contains not more than five gallons or pounds of
contaminants combined, based on the contaminant concentrations and
the total volume or weight of the shipment.
   (c) In any calendar year, a used oil collection center or curbside
collection program shall be reimbursed for not more than one
shipment and for not more than five thousand dollars ($5,000) in
disposal costs, subject to the availability of funds pursuant to
Section 48656. 
  SEC. 478.    Section 48661 of the Public Resources Code is
amended to read: 
   48661.  (a) On and after July 1, 1992, the department shall
annually inspect used oil recycling facilities.
   (b) Within 135 days following inspection, the department shall
submit a report to the  board   Department of
Toxic Substances Control  , describing all of the following:
   (1) Any violations of Chapter 6.5 (commencing with Section 25100)
of Division 20 of the Health and Safety Code.
   (2) Any corrective actions ordered or agreed to by the department.

   (3) Progress by the facility in correcting violations identified
in previous inspections.
   (c) In the report required by subdivision (b), the department
shall specifically state whether any of the following occurred:
   (1) The department has identified violations of subdivision (c) of
Section 25250.1 of the Health and Safety Code regarding achievement
of minimum standards of purity for recycled oil.
   (2) The department has identified violations of regulations
requiring financial responsibility assurance for liability, closure,
and postclosure obligations.
   (3) Where prior contamination has been identified, the facility
has an approved corrective action plan and has not been found to be
in violation of its requirements.
   (4) The department has identified violations that meet the
criteria for class 1 violations, as defined in Section 66260.10 of
Title 22 of the California Code of Regulations. 
  SEC. 479.    Section 48662 of the Public Resources Code is
amended to read: 
   48662.  The board   Department of Toxic
Substances Control  shall certify or recertify any used oil
recycling facility for which the  board has received
  Department of Toxic Substances Control has prepared
 a report  from the department  pursuant to
Section 48661, unless the  board   Department of
Toxic Substances Control  determines that the facility is
engaged in a repeating or recurring pattern of noncompliance that
poses a significant threat to public health and safety or the
environment. If the  board   Department of Toxic
Substances Control  denies certification, the  board
  Department of Toxic Substances Control  may
subsequently certify a facility if it determines that the facility
meets the standards for certification. 
  SEC. 480.    Section 48670 of the Public Resources Code is
amended to read: 
   48670.  To be eligible for payment of a recycling incentive, an
industrial generator of used lubricating oil, a used oil collection
center, or a curbside collection program shall report to the 
board   Department of Toxic Substances Control  ,
for each quarter, the amount of lubricating oil purchased and the
amount of used lubricating oil that is transported to a certified
used oil recycling facility, or to a used oil storage facility or to
a used oil transfer facility, or that is transported to an
out-of-state recycling facility registered with the Environmental
Protection Agency and permitted to operate by the applicable
regulatory agency of the state in which the facility is located, or
that is used to generate electricity pursuant to subdivision (b) of
Section 48651. The reports shall be submitted on or before the 45th
day following each quarter, in the form and manner which the 
board   Department of Toxic Substances Control 
may prescribe, and shall include copies of manifests or modified
manifest receipts from used oil haulers. The  board 
 Department of Toxic Substances Control  may delegate to
the executive officer of the  board   Department
of Toxic Substances Control  the authority to accept reports
submitted after the 45th day and to reduce, eliminate, or approve the
amount of incentive fee to be paid due to the late submission of the
report. The  board   Department of Toxic
Substances Control  may provide, by regulation, for a longer
reporting period for industrial generators that generate less than
1,000 gallons of used oil annually. 
  SEC. 481.    Section 48671 of the Public Resources Code is
amended to read: 
   48671.  Every oil manufacturer who sells, or offers to sell,
lubricating or industrial oil in this state shall report to the
 board   Department of Toxic Substances Control
 for each month the amount of lubricating or industrial oil
sold. The reports shall be submitted by the day when payment required
by Section 48650 is or would be due, in the form and manner which
the  board   Department of Toxic Substances
Control  may prescribe. However, an oil manufacturer is not
required to report to the  board   Department of
Toxic Substances Control  when the total volume of oil to be
reported is five gallons or less. 
  SEC. 482.    Section 48671.5 of the Public Resources Code
is amended to read: 
   48671.5.  The manufacturer of every container that contains
lubricating oils or industrial oils, and which is intended for sale
to consumers in California, shall do either of the following:
   (a) Label the containers in at least seven-point typeface as
follows:


   "Used oil is generally classified as a hazardous waste in
California. Do not dispose of used oil in garbage, sewers, or the
ground. To find out how to properly recycle used oil in your area,
call (800) ____."


   The toll-free telephone number on the label shall be the number
maintained by the  board   Department of Toxic
Substances Control  pursuant to Section 48644.
   (b) Provide signs or other written material to retailers
appropriate for informing consumers of the information that would
otherwise be contained in the label set forth in paragraph (a). 
  SEC. 483.    Section 48672 of the Public Resources Code is
amended to read: 
   48672.  Beginning  May 1, 1992   January 1,
2010  , every used oil hauler shall report to the  board
  Department of Toxic Substances Control  for each
quarter the amount of used oil transported, the location to which it
is transported, and the source of the used oil. The hauler shall
provide estimates, where feasible, of the amount which is used
lubricating oil and the amount which is used industrial oil. The
reports shall be submitted on or before the last day of the month
following each quarter, in the form and manner which the 
board   Department of Toxic Substances Control  may
prescribe. 
  SEC. 484.    Section 48673 of the Public Resources Code is
amended to read: 
   48673.  Beginning July 1, 1992, every used oil recycling facility
shall report to the  board   Department of Toxic
Substances Control  for each quarter the amount of used oil
received and the amount of recycled oil produced. The facility shall
provide estimates, where feasible, of the amount which is used
lubricating oil and the amount which is used industrial oil. The
reports shall be submitted on or before the last day of the month
following each quarter, in the form and manner which the 
board   Department of Toxic Substances Control  may
prescribe. 
  SEC. 485.    Section 48674 of the Public Resources Code is
amended to read: 
   48674.  After receiving a block grant pursuant to paragraph (4) of
subdivision (a) of Section 48653, each local government shall submit
an annual report to the  board   Department of
Toxic Substances Control  , on or before the date specified by
the  board   Department of Toxic Substances
Control  , which includes any amendments to the local used oil
collection program adopted pursuant to Section 48690, a description
of all measures taken to implement the program, and a description of
how the block grant was expended. 
  SEC. 486.    Section 48675 of the Public Resources Code is
amended to read: 
   48675.  The  board   Department of Toxic
Substances Control  shall establish procedures to protect any
proprietary information concerning sales, purchases, and operations
obtained while collecting information for carrying out this chapter.

  SEC. 487.    Section 48676 of the Public Resources Code is
amended to read: 
   48676.  The  board   Department of Toxic
Substances Control  shall establish reporting periods for the
reporting of accumulated industrial and lubricating oil sales and
used oil recycling rates, and each reporting period shall be six
months. The  board   Department of Toxic
Substances Control  shall issue a report based on the
information received within 120 days of the end of each reporting
period. 
  SEC. 488.    Section 48680 of the Public Resources Code is
amended to read: 
   48680.  (a) Except as provided in subdivision (b), in addition to
any other civil or criminal penalties, any person convicted of a
violation of this chapter is guilty of an infraction, which is
punishable by a fine of not more than one hundred dollars ($100) per
day for each day the violation occurs.
   (b) (1) Every person who, with intent to defraud, does not
accurately report the amount of oil sold, collected, or transferred
pursuant to Article 8 (commencing with Section 48670), who, with
intent to defraud, does not make payments as required by Section
48650, or who knowingly receives or pays a recycling incentive for
oil upon which a payment has not been made pursuant to Section 48650
is guilty of fraud. If the money obtained or withheld is four hundred
dollars ($400) or less, the fraud is punishable by imprisonment in
the county jail for not more than six months, by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment. If the money obtained or withheld is more than four
hundred dollars ($400), the fraud is punishable by imprisonment in
the county jail for not more than one year or imprisonment in the
state prison, by a fine not exceeding ten thousand dollars ($10,000),
or twice the late or unmade payments plus interest, whichever is
greater, or by both that fine and imprisonment.
   (2) Any person who claims an exemption pursuant to this chapter
which the person knows to be false, and makes that claim for the
purpose of willfully evading the payment of any fee imposed pursuant
to this chapter, is guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one year. The
person shall also be subject to payment of a fine not to exceed five
thousand dollars ($5,000). The fine shall be distributed as follows:
   (A) Fifty percent to the local jurisdiction which undertook the
prosecution.
   (B) Fifty percent to the General Fund.
   (c) Any person who violates this chapter may be assessed a civil
penalty by the  board   Department of Toxic
Substances Control  of not more than one hundred dollars ($100)
per day for each day the violation occurs or continues, pursuant to a
hearing and notice. 
  SEC. 489.    Section 48690 of the Public Resources Code is
amended to read: 
   48690.  A local government is eligible for a block grant pursuant
to paragraph (3) of subdivision (a) of Section 48653, if it develops
and submits a local used oil collection program to the  board
  Department of Toxic Substances Control  pursuant
to Section 48691 and files a report pursuant to Section 48674. The
 board   Department of Toxic Substances Control
 shall make a grant to every local government that submits a
program and files a report unless the  board  
Department of Toxi   c Substances Control  finds that
the program or its implementation does not comply with criteria
contained in this article. The  board  
Department of Toxic Substances Control  may make a block grant
to another entity that will implement the program of a local
government in lieu of making a block grant to that local government
with the concurrence of that local government. 
  SEC. 490.    Section 50000 of the Public Resources Code is
amended to read: 
   50000.  (a) Until an integrated waste management plan has been
approved by the  California Integrated Waste Management Board
  Department of Conservation, in consultation with the
Department of Toxic Substances Control,  pursuant to Division 30
(commencing with Section 40000), no person shall establish a new
solid waste facility or transformation facility or expand an existing
solid waste facility or transformation facility that will result in
a significant increase in the amount of solid waste handled at the
facility without a certification by the enforcement agency that one
of the following has occurred:
   (1) The facility is identified and described in, or found to
conform with, a county solid waste management plan that was in
compliance with statutes and regulations in existence on December 31,
1989, adopted pursuant to former Title 7.3 (commencing with Section
66700) of the Government Code as that former statute read on December
31, 1989. The conformance finding with that plan shall be in
accordance with the procedure for a finding of conformance that was
set forth in the plan prior to January 1, 1990.
   (2) The facility is identified and described in the most recent
county solid waste management plan that has been approved by the
county and by a majority of the cities within the county that contain
a majority of the population of the incorporated area of the county,
except in those counties that have only two cities, in which case,
the plan has been approved by the county and by the city that
contains a majority of the population of the incorporated area of the
county.
   (3) Pursuant to the procedures in subdivision (b), the facility
has been approved by the county and by a majority of the cities
within the county that contain a majority of the population of the
incorporated area of the county, except in those counties that have
only two cities, in which case, the facility has been approved by the
county and by the city that contains a majority of the population of
the incorporated area of the county.
   (4) The facility is a material recovery facility and the site
identification and description of the facility have been submitted to
the task force created pursuant to Section 40950 for review and
comment, pursuant to the procedures set forth in subdivision (c). For
purposes of this paragraph, "material recovery facility" means a
transfer station that is designed to, and, as a condition of its
permit, shall, recover for reuse or recycling at least 15 percent of
the total volume of material received by the facility.
   (5) The facility is identified and described in the countywide
siting element that has been approved pursuant to Section 41721.
   (b) (1) The review and approval of a solid waste facility or
transformation facility that has not been identified or described in
a county solid waste management plan shall be initiated by submittal
by the person or agency proposing the facility of a site
identification and description to the county board of supervisors.
   (2) The county shall submit the site identification and
description to each city within the county within 20 days from the
date that the site identification and description is submitted to the
county board of supervisors. The county and each city shall approve
or disapprove by resolution the site identification and description
within 90 days from the date that the site identification and
description are initially submitted to the county or city. Each city
shall notify the county board of supervisors of its decision within
that 90-day period. If the county or a city fails to approve or
disapprove the site identification and description within 90 days,
the city or county shall be deemed to have approved the site
identification and description as submitted.
   (3) If a city or county disapproves the site identification and
description, the city or county shall mail notice of its decision by
first-class mail to the person or agency requesting the approval
within 10 days of the disapproval by the city or county, stating its
reasons for the disapproval.
   (4) No county or city shall disapprove a proposed site
identification and description for a new solid waste facility or
transformation facility or an expanded solid waste facility or
transformation facility that will result in a significant increase in
the amount of solid waste handled at the facility unless it
determines, based upon substantial evidence in the record, that there
will be one or more significant adverse impacts within its
boundaries from the proposed project.
   (5) Within 45 days from the date of a decision by a city or county
to disapprove a site identification and description, or a decision
by the  board   Department of Conservation or
the Department of Toxic Substances Control  not to concur in the
issuance of a permit pursuant to Section 44009, any person may file
with the superior court a writ of mandate for review of the decision.
The evidence before the court shall consist of the record before the
city or county that disapproved the site identification and
description or the record before the  board  
Department of Conservation or the Department of Toxic Substances
Control  in its determination not to concur in issuance of the
permit. Section 1094.5 of the Code of Civil Procedure shall govern
the proceedings conducted pursuant to this subdivision.
   (c) To initiate the review and comment by the task force required
by paragraph (4) of subdivision (a) and subdivision (d), the person
or agency proposing the facility shall submit the site identification
and description of the facility to the task force. Within 90 days
after the site identification and description are submitted to the
task force, the task force shall meet and comment on the facility in
writing. Those comments shall include, but are not limited to, the
relationship between the proposed new or expanded material recovery
facility and the requirements of Section 41780. The task force shall
transmit those comments to the applicant, to the county, and to all
of the cities in the county.
   (d) On or before February 1, 1991, each county, by vote of the
board of supervisors and the majority of the cities in the county
containing a majority of the population of the incorporated area of
the county, except in those counties that have only two cities, in
which case the vote is subject to approval of the city that contains
a majority of the population of the incorporated area of the county,
shall adopt two resolutions after holding a public hearing. One
resolution shall address solid waste transfer facilities that are
designed to, and, as a condition of their permits, shall, recover for
reuse or recycling less than 15 percent of the total volume of
material received by the facility and that serve more than one
jurisdiction. The second resolution shall address solid waste
transfer facilities that are designed to, and, as a condition of
their permits, shall, recover for reuse or recycling less than 15
percent of the total volume of material received by the facility and
that serve only one jurisdiction. These resolutions shall specify
whether the facilities shall be subject to the review and approval
process described in subdivision (b) or the review and comment
process described in subdivision (c). If the resolutions required by
this subdivision are not adopted on or before February 1, 1991, those
facilities shall be subject to the review process described in
subdivision (c).
   For purposes of this subdivision, a facility serves only one
jurisdiction if it serves only one city, only the unincorporated area
of one county, or only one city and county. 
  SEC. 491.    Section 50000.5 of the Public Resources Code
is amended to read: 
   50000.5.  (a) Until a countywide integrated waste management plan
has been approved by the  California Integrated Waste
Management Board  Department of Conservation and the
Department of Toxic Substances Control  pursuant to Division 30
(commencing with Section 40000), no person shall establish or expand
a solid waste facility or transformation facility unless the city or
county in which the site is located makes a finding that the
establishment or expansion of the facility is consistent with the
applicable general plan of the city or county. This finding shall not
be made unless the city or county has adopted a general plan which
                                               complies with the
provisions of Article 5 (commencing with Section 65300) of Chapter 3
of Division 1 of Title 7 of the Government Code.
   (b) In addition to the requirements in subdivision (a), any new or
expanded solid waste disposal facility or transformation facility
shall be deemed to be consistent with the general plan only if both
of the following requirements are met:
   (1) The facility is located in a land use area designated or
authorized for solid waste facilities in the applicable city or
county general plan.
   (2) The land uses which are authorized adjacent to, or near, the
facility are compatible with the establishment, or expansion of, the
solid waste disposal facility or transformation facility. 
  SEC. 492.    Section 50001 of the Public Resources Code is
amended to read: 
   50001.  (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the  California Integrated Waste Management
Board   Department of Conservation and the Department of
Toxic Substances Control  pursuant to Division 30 (commencing
with Section 40000), no person shall establish or expand a solid
waste facility, as defined in Section 40194, in the county unless the
solid waste facility meets one of the following criteria:
   (1) The solid waste facility is a disposal facility or a
transformation facility, the location of which is identified in the
countywide siting element or amendment thereto, which has been
approved pursuant to Section 41721.
   (2) The solid waste facility is a facility which is designed to,
and which as a condition of its permit, will recover for reuse or
recycling at least 5 percent of the total volume of material received
by the facility, and which is identified in the nondisposal facility
element or amendment thereto, which has been approved pursuant to
Section 41800 or 41801.5.
   (b) Solid waste facilities other than those specified in
paragraphs (1) and (2) of subdivision (a) shall not be required to
comply with the requirements of this section.
   (c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation schedule requirements of Section
41780 and the regional impact of the facility. The task force shall
transmit these comments to the person or public agency proposing
establishment of the solid waste facility, to the county, and to all
cities within the county. The comments shall become part of the
official record of the proposed solid waste facility.
   (d) The review and comment by the local task force required by
subdivision (c) for amendment to an element may be satisfied by the
review required by subdivision (a) of Section 41734 for an amendment
to an element. 
  SEC. 493.    Section 50001.5 of the Public Resources Code
is amended to read: 
   50001.5.  At the request of the  board  
Department of Conservation or the Department of Toxic Substances
Control or any local governmental entity, the Attorney General
shall bring an action to enforce this division. 
  SEC. 494.    Section 50002 of the Public Resources Code is
amended to read: 
   50002.  (a) The  California Integrated Waste Management
Board   Department of Toxic Substances Control 
may, by regulation, specify classifications of solid waste facilities
that are exempt from the requirements of Sections 50000, 50000.5,
and 50001. The regulation may be adopted only if the  board
  Department of Toxic Substances Control  makes all
of the following findings:
   (1) The exemption is not contrary to the public interest.
   (2) The quantity of solid wastes to be disposed of at each site is
insignificant.
   (3) The nature of the solid wastes poses no significant threat to
the public health, the public safety, or the environment.
   (b) The application to land of agricultural products derived from
municipal sewage sludge for use as a fertilizer material, based on a
finding by the  board   Department of Toxic
Substances Control  that the nature of the solid waste poses no
significant threat to the public health, the public safety, or the
environment, is exempt from the requirements of Sections 50000 and
50000.5. 
  SEC. 495.    Section 71011 of the Public Resources Code is
amended to read: 
   71011.  "Environmental agency" means any of the following:
   (a) The Department of Toxic Substances Control, the Department of
Pesticide Regulation, the State Air Resources Board, the State Water
Resources Control Board,  the California Integrated Waste
Management Board,  and the Office of Environmental Health
Hazard Assessment.
   (b) A California regional water quality control board.
   (c) A district, as defined in Section 39025 of the Health and
Safety Code.
   (d) An enforcement agency, as defined in Section 40130 of the
Public Resources Code.
   (e) A county agricultural commissioner with respect to his or her
administration of Divisions 6 (commencing with Section 11401) and 7
(commencing with Section 12501) of the Food and Agricultural Code.
   (f) The local agency responsible for administering Chapter 6.7
(commencing with Section 25280) of the Health and Safety Code
concerning underground storage tanks and any underground storage tank
ordinance adopted by a city or county.
   (g) The local agency responsible for the administration of the
requirements imposed pursuant to Section 13370.5 of the Water Code.
   (h) A certified unified program agency as provided in Chapter 6.11
(commencing with Section 25404) of Division 20 of the Health and
Safety Code.
   (i) Any other state, regional, or local permit agency for the
project that participates at the request of the permit applicant upon
the permit agency's agreement to be subject to this division. 
  SEC. 496.   Section 71017 of the Public Resources Code is
amended to read: 
   71017.  (a) "Council" means the California Environmental Policy
Council.
   (b) The council is hereby created and consists of the following
members or their designees:
   (1) The Secretary for Environmental Protection.
   (2) The Director of Pesticide Regulation.
   (3) The Director of Toxic Substances Control.
   (4) The Chairperson of the State Air Resources Board.
   (5) The Chairperson of the State Water Resources Control Board.
   (6) The Director of the Office of Environmental Health Hazard
Assessment. 
   (7) The Chairperson of the California Integrated Waste Management
Board.  
  SEC. 497.    Section 71071 of the Public Resources Code is
amended to read: 
   71071.  (a) On and after February 1, 2005,  the Department of
Conservation,  the California Environmental Protection Agency
 ,  and its boards, departments, and offices shall provide
and produce reports and other documentation pursuant to the
guidelines established in Section 71070.
   (b) On and after June 1, 2005, all state agencies not otherwise
subject to subdivision (a) shall provide and produce reports and
other documentation pursuant to the guidelines established in Section
71070. 
  SEC. 498.    Section 71300 of the Public Resources Code is
amended to read: 
   71300.  (a) For purposes of this part "office" means the Office of
Education and the Environment of the  Integrated Waste
Management Board   Department of Toxic Substances
Control  , as established pursuant to this section.
   (b) The Office of Education and the Environment is hereby
established in the  Integrated Waste Management Board
  Department of Toxic Substances Control  . The
office shall report to both the Secretary for Environmental
Protection and the  board   Secretary of
Education  . The office shall dedicate its effort to
implementing the statewide environmental educational program
prescribed pursuant to this part and the integrated waste management
educational requirements of this division. The office, through
staffing and resources, shall give a high priority to implementing
the statewide environmental education program.
   (c) The office, under the direction of the Secretary for
Environmental Protection and the  board  
Secretary of Education  , in cooperation with the State
Department of Education, the State Board of Education, and the
Secretary for Education, shall develop and implement a unified
education strategy on the environment for elementary and secondary
schools in the state. The office shall develop a unified education
strategy to do all of the following:
   (1) Coordinate instructional resources and strategies for
providing active pupil participation with onsite conservation
efforts.
   (2) Promote service-learning opportunities between schools and
local communities.
   (3) Assess the impact to participating pupils of the unified
education strategy on pupil achievement and resource conservation.
   (4) On or before June 30, 2006, the office shall report to the
Legislature and the Governor on its progress in developing,
implementing, and assessing the unified education strategy.
   (d) The State Department of Education, State Board of Education,
and Secretary for Education, in cooperation with the board, shall
develop and implement to the extent feasible, a teacher training and
implementation plan, to guide the implementation of the unified
education strategy, for the education of pupils, faculty, and
administrators on the importance of integrating environmental
concepts and programs in schools throughout the state. The strategy
shall project the phased implementation of elementary, middle, and
high school programs.
   (e) In implementing this part, the office may hold public meetings
to receive and respond to comments from affected state agencies,
stakeholders, and the public regarding the development of resources
and materials pursuant to this part.
   (f) In implementing this part, the office shall coordinate with
other agencies and groups with expertise in education and the
environment, including, but not limited to, the California
Environmental Education Interagency Network.
   (g) Any instructional materials developed pursuant to this part
shall be subject to the requirements of Chapter 1 (commencing with
Section 60000) of Part 33 of the Education Code, including, but not
limited to, reviews for legal and social compliance before the
materials may be used in elementary or secondary public schools. 

  SEC. 499.    Section 71302 of the Public Resources Code is
amended to read: 
   71302.  (a) Using the education principles for the environment
required in Section 71301, the office, under the direction of the
Secretary for Environmental Protection  and the board
 , shall develop, in cooperation with the California
Environmental Protection Agency, the Resources Agency, the State
Department of Education and the State Board of Education, a model
environmental curriculum that incorporates these education principles
for the environment. The model curriculum shall be aligned with
applicable State Board of Education adopted academic content
standards in Science, Mathematics, English/Language Arts, and
History/Social Sciences, to the extent that any of those content
areas are addressed in the model curriculum.
   (b) The model curriculum shall be submitted to the Curriculum
Development and Supplemental Materials Commission for review. The
commission shall submit its recommendation to the Secretary for
Environmental Protection and to the Secretary of the Resources Agency
by July 1, 2005.
   (1) The Secretary for Environmental Protection and the Secretary
of the Resources Agency shall review and comment on the model
curriculum by January 1, 2006.
   (2) The model curriculum along with the comments by the Secretary
for Environmental Protection and the Secretary of the Resources
Agency shall be submitted to the State Board of Education for its
approval. 
  SEC. 500.    Section 71303 of the Public Resources Code is
amended to read: 
   71303.  (a) As determined appropriate by the Superintendent of
Public Instruction, the State Department of Education shall
incorporate into publications that provide examples of curriculum
resources for teacher use, those materials developed by the office
that provide information on the education principles for the
environment required in Section 71300.
   (b) If the Superintendent of Public Instruction determines that
materials developed by the office that provide information on the
education principles for the environment are not appropriate for
inclusion in publications that provide examples of curriculum
resources for teacher use, the Superintendent of Public Instruction
shall collaborate with the office to make the changes necessary to
ensure that the materials are included in that information.
   (c) The model environmental curriculum approved by the State Board
of Education, pursuant to Section 71302 shall be made available by
the office to elementary and secondary schools to the extent that
funds are available for this purpose. The State Department of
Education shall make the model curriculum available electronically
including posting on its Web site.
   (d) The State Department of Education, to the extent feasible and
to the extent that funds are available for this purpose, shall
encourage the development and use of instructional materials and
active pupil participation in campus and community environmental
education programs. To the extent feasible, the environmental
education programs should be considered in the development and
promotion of after school programs for elementary and secondary
school pupils and state and local professional development activities
to provide teachers with content background and resources to assist
in teaching about the environment.
   (e) (1) The  board   Department of Toxic
Substances Control  shall assume costs associated with the
printing of the approved model curriculum as set forth in subdivision
(c). The board shall use, for these purposes, funds that are
available for its administrative costs.
   (2) From funds available for its administrative costs, the State
Department of Education shall post and maintain the model curriculum
on its Internet site and pay any costs associated with any related
online questionnaire on its Internet site as set forth in subdivision
(c).
   (3) The State Department of Education shall explore implementation
of this section from its baseline resources dedicated to this
purpose and if funding is not available from that source, then
funding may be provided to the department, pursuant to appropriation
by the Legislature, under Section 71305. 
  SEC. 501.    Section 71305 of the Public Resources Code is
amended to read: 
   71305.  (a) The Environmental Education Account is hereby
established within the State Treasury. Moneys in the account may,
upon appropriation by the Legislature, be expended by the California
Environmental Protection Agency, in consultation with the 
board   Department of Toxic Substances Control  ,
for the purposes of this part. The  board  
Department of Toxic Substances Control,  shall provide
recommendations to the Secretary for Environmental Protection
regarding expenditures from the account. The Secretary for
Environmental Protection shall administer this part, including, but
not limited to, the account.
   (b) Notwithstanding any other provision of law to the contrary,
the agency may accept and receive federal, state, and local funds and
contributions of funds from a public or private organization or
individual. The account may also receive proceeds from a judgment in
state or federal court, when the funds are contributed or the
judgment specifies that the proceeds are to be used for the purposes
if this part. The account may receive those funds, contributions, or
proceeds from judgments, that are specifically designated for use for
environmental education purposes. Private contributors shall not
have the authority to further influence or direct the use of their
contributions.
   (c) Notwithstanding any other provision of law, a state agency
that requires the development of, or encourages the promotion of,
environmental education for elementary and secondary school pupils,
may contribute to the account.
   (d) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) into the account. 
  SEC. 502.    Section 7718 of the Public Utilities Code is
amended to read: 
   7718.  (a) The Railroad Accident Prevention and Immediate
Deployment Force is hereby created in the California Environmental
Protection Agency. The force shall be responsible for providing
immediate onsite response capability in the event of large-scale
releases of toxic materials resulting from surface transportation
accidents and for implementing the state hazardous materials incident
prevention and immediate deployment plan. This force shall act
cooperatively and in concert with existing local emergency response
units. The force shall consist of representatives of all of the
following:
   (1) Department of Fish and Game.
   (2) California Environmental Protection Agency.
   (3) State Air Resources Board. 
   (4) California Integrated Waste Management Board. 

   (5) 
    (4)  California regional water quality control boards.

   (6) 
    (5)  Department of Toxic Substances Control. 
   (7) 
    (6)  Department of Pesticide Regulation. 
   (8) 
    (7)  Office of Environmental Health Hazard Assessment.

   (9) 
    (8)  State Department of Health  Care 
Services. 
   (10) 
    (9)  Department of the California Highway Patrol.

   (11) 
    (10)  Department of Food and Agriculture. 
   (12) 
    (11)  Department of Forestry and Fire Protection.

   (13) 
    (12)  Department of Parks and Recreation. 
   (14) 
    (13)  Department of Boating and Waterways. 
   (15) 
    (14)  California Public Utilities Commission. 
   (16) 
    (15)  Any other potentially affected state, local, or
federal agency. 
   (17) Office of Emergency Services.  
   (16) California Emergency Management Agency (Cal EMA). 
   (b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17), inclusive, of
subdivision (a).
   (c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and environment that might result from accidents involving
railroad activities in the state. 
  SEC. 503.    Section 45855 of the Revenue and Taxation
Code is amended to read: 
   45855.  Any information regarding solid wastes which is available
to the board shall be made available to the  California
Integrated Waste Management Board   Department of Toxic
Substances Control  . 
  SEC. 504.    Section 45863 of the Revenue and Taxation
Code is amended to read: 
   45863.  The board shall, in cooperation with the 
California Integrated Waste Management Board  
Department of Toxic Substances Control  , the Taxpayers' Rights
Advocate, and other interested taxpayer-oriented groups, develop a
plan to reduce the time required to resolve petitions for
redetermination and claims for refunds. The plan shall include the
determination of standard timeframes and special review of cases
which take more time than the appropriate standard timeframe. 
  SEC. 505.    Section 45981 of the Revenue and Taxation
Code is amended to read: 
   45981.  (a) The board shall provide any information obtained under
this part to the  California Integrated Waste Management
Board   Department of Toxic Substances Control  .
   (b) The  California Integrated Waste Management Board
  Department of Toxic Substances Control  and the
board may utilize any information obtained pursuant to this part to
develop data on the generation or disposal of solid waste within the
state. Notwithstanding any other provision of this chapter, the
 California Integrated Waste Management Board  
Department of Toxic Substances Control  may make waste
generation and disposal data available to the public. 
  SEC. 506.    Section 45982 of the Revenue and Taxation
Code is amended to read: 
   45982.  Neither the  California Integrated Waste
Management Board   Department of Toxic Substances 
, nor any person having an administrative duty under Part 9
(commencing with Section 15600) of Division 3 of Title 2 of the
Government Code shall disclose the business affairs, operations, or
any other proprietary information pertaining to a fee payer, except a
fee payer which is a public agency, which was submitted to the board
in a report or return required by this part, or permit any report or
copy thereof or any book containing any abstract or particulars
thereof to be seen or examined by any person not expressly authorized
by Section 45981 or this section. However, the Governor may, by
general or special order, authorize examination of the records
maintained by the board under this part by other state officers, by
officers of another state, by the federal government if a reciprocal
arrangement exists, or by any other person. The information so
obtained pursuant to the order of the Governor shall not be made
public except to the extent and in the manner that the order may
authorize that it be made public. 
  SEC. 507.    Section 31560 of the Vehicle Code is amended
to read: 
   31560.  (a) A person operating a vehicle, or combination of
vehicles, in the transportation of 10 or more used tires or waste
tires, or a combination of used tires and waste tires totaling 10 or
more, as defined in Section 42950 of the Public Resources Code, shall
be registered with the  California Integrated Waste
Management Board   Department of Toxic Substances
Control  , unless specifically exempted, as provided in Chapter
19 (commencing with Section 42950) of Part 3 of Division 30 of the
Public Resources Code and in regulations adopted by the board to
implement that chapter.
   (b) It is unlawful and constitutes an infraction for a person
engaged in the transportation of 10 or more used tires or waste
tires, or a combination of used tires and waste tires totaling 10 or
more, to violate a provision of this article or Section 42951 of the
Public Resources Code. 
  SECTION 1.    Section 620 is added to the Public
Resources Code, to read:
   620.  (a) The department succeeds to and is vested with all
duties, responsibilities, powers, jurisdiction, liabilities, and
functions of the California Integrated Waste Management Board, which
is hereby abolished. Any reference in any law to the duties,
responsibilities, powers, and functions of the California Integrated
Waste Management Board, shall be considered a reference to the
Department of Conservation unless the context otherwise requires. The
department shall have possession and control of all records, books,
papers, and other property, real, personal, and mixed, now or
hereafter held for the benefit or use of the California Integrated
Waste Management Board.
   (b) (1) All employees of the California Integrated Waste
Management Board who, on January 1, 2010, are serving in the state
civil service, other than as temporary employees, shall be
transferred to the Department of Conservation pursuant to Section
19050.9 of the Government Code. The status, position, and rights of
any employee of the board shall not be affected by the transfer and
shall be retained by the person as an employee of the department, as
the case may be, pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to a position that is exempt from civil
service.
   (2) The members of the California Integrated Waste Management
Board are excluded from the rights and protections of this
subdivision.
   (c) All money available, including money that becomes available
after January 1, 2010, for expenditure by the California Integrated
Waste Management Board to be used in the administration of any
function, the exercise of any right, or performance of any duty,
which function, right, or duty is transferred by this section, shall
be transferred to the Department of Conservation, which is to
administer the function, exercise the right, or perform the duty.

   
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