HomeMy WebLinkAbout17 LEGISLATIVE REPORTAGENDA REPORT
MEETING DATE: NOVEMBER 1, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
Agenda Item
Reviewed:
City Manager
Finance Director
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
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SUBJECT: LEGISLATIVE REPORT - AB 341 (CHESBRO) SOLID WASTE: DIVERSION
SUMMARY
AB 341 requires commercial and multifamily customers to participate in the City's recycling
programs by July 1, 2012 and increases the City's mandates waste diversion rate from the current
50% to 75% by 2020.
RECOMMENDATION
Staff recommends the City Council take no action at this time. Staff will continue to monitor the
implementation of the bill and report any significant issues to the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this item.
DISCUSSION
Existing law (The California Integrated Waste Management Act} requires local governments to
divert 50 percent of solid waste disposed by their jurisdictions through source reduction, recycling,
and composting. It also requires a local government to have a source reduction and recycling plan
that places primary emphasis on implementation of all feasible source reduction, recycling, and
composting programs.
AB 341 will implement three significant changes to the California Integrated Waste
Management Act:
1. Declares that it is the policy goal of the state that not less than 75 percent of solid waste
generated be source reduced, recycled, or composted by the year 2020.
2. Requires a commercial or public entity that generates more than four cubic yards of
commercial solid waste per week or is a multifamily residential dwelling of five units or
more to arrange for recycling services, on and after July 1, 2012.
3. Requires a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste
recycling program meeting yet to be specified elements defined by the State.
The City is currently in compliance with the State's 50°!o diversion requirement, primarily due to the
program and performance requirements contained in the Franchise agreement with CR&R and
diligent enforcement by City Staff of the franchise's exclusivity and the City Construction and
Demolitions Waste Recycling Ordinance. Staff expects the City to remain in compliance through
the end of the CR&R contract with some operational adjustments by CR&R. The operational
Legislative Report: AB 341
November 1, 2011
Page 2
expansion is within the scope of the current program and contract performance requirements which
require placement of recycling containers at all commercial and multifamily accounts.
However, this issue may have significant impacts on the City, its residents and businesses when
the City current solid waste contract expires in 2017. The City may be compelled to include new
and expanded programs and performance requirements to achieve the 75% diversion rate by
2020. The City may also need to consider some form of mandatory participation in the commercial
and multifamily recycling programs offered by the City and its franchise hauler.
CalRecycle staff will prepare and distribute draft regulations next springlsummer and City staff will
closely monitor the process and draft regulations and keep the City Council informed of any
significant issues that may arise.
Public Works/City Engineer
Attachment(s): 1. Assembly Bill No. 341
S:\City Council Items\2011 Council Items\L.egislative Report AB341.docx
Attachment 1
Assembly Bill No. 341
CHAPTER 476
An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800,
42926, 44004, and 50001 of, to add Sections 40004, 41734.5, and 41780.01
to, to add Chapter 12.8 (commencing with Section 42649) to Part 3 of
Division 30 of, and to add and repeal Section 41780.02 of, the Public
Resources Code, relating to solid waste.
[Approved by Governor October 5, 2011. Filed with
Secretary of State October 6, 201 l.]
LEGISLATIVE COUNSEL'S DIGEST
AB 341, Chesbro. Solid waste: diversion.
(1) The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,
requires each city, county, and regional agency, if any, to develop a source
reduction and recycling element of an integrated waste management plan
containing specified components, including a source reduction component,
a recycling component, and a composting component. With certain
exceptions, the source reduction and recycling element of that plan is
required to divert 50% of all solid waste from landfill disposal or
transformation by January 1, 2000, through source reduction, recycling, and
composting activities, The department is required to file an annual progress
report with the Legislature by March 1 that includes specified infolmation
regarding the act.
This bill would make a legislative declaration that it is the policy goal of
the state that not less than 75% of solid waste generated be source reduced,
recycled, or composted by the year 2020, and would require the department,
by January 1, 2014, to provide a report to the Legislature that provides
strategies to achieve that policy goal and also includes other specified
information and recommendations. The bill would allow the department to
provide the report required by the bill in conjunction with the annual progress
report, if the combined report is submitted by January 1, 2014. The bill
would repeal the report requirement on January 1, 2017.
(2) Existing law requires a city, county, and city and county to incorporate
the nondisposal facility element and any amendment to the element into the
revised source reduction and recycling element at the time of the 5-year
revision of the source reduction and recycling element. Existing law requires
the department to review an amendment to a nondisposal facility element
and requires a local task force to review and comment on amendments to a
nondisposal facility element.
This bill would repeal those requirements. The bill would instead require
a city, county, city and county, or regional agency to update all information
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Ch. 476 - 2 -
required to be included in the nondisposal facility element. The bill would
provide that the update is not subject to approval by the department or
comment and review by a local task force.
(3) Existing law requires a local agency to impose certain requirements
on an operator of a large venue or event to facilitate solid waste reduction,
reuse, and recycling.
This bill would require a business, defined to include a commercial or
public entity, that generates more than 4 cubic yards of commercial solid
waste per week or is a multifamily residential dwelling of 5 units or more
to arrange for recycling services, on and after July 1, 2012.
The bill would also require a commercial waste generator to take specified
actions with regard to recyclable materials.
The bill would require a jurisdiction, on and after July 1, 2012, to
implement a commercial solid waste recycling program meeting specified
elements but would not require the jurisdiction to revise its source reduction
and recycling element if the jurisdiction adds or expands a commercial solid
waste recycling program to meet this requirement. The bill would authorize
a local agency to charge and collect a fee from a commercial waste generator
to recover the local agency's costs incurred in complying with the
commercial solid waste recycling program requirements. By requiring a
jurisdiction to implement a commercial solid waste recycling program, this
bill would impose astate-mandated local program.
The bill would require the department to review a jurisdiction's
compliance with the above requirement as a part of the department's review
of a jurisdiction's compliance with the 50% solid waste diversion
requirement and would authorize the department to review a jurisdiction's
compliance pursuant to a specified procedure.
(4) Existing law requires each state agency to submit an annual report
to the department summarizing its progress in reducing solid waste that is
due on September 1 of each year starting in 2009.
This bill would change the due date to May 1 of each year.
(5) Existing law requires an operator of a solid waste facility that wants
to change the design or operation of the solid waste facility in a manner not
authorized by the current permit to apply for a revised permit. Within 60
days of receipt of the application for the revised permit, the enforcement
agency is required to inform the operator, and in some circumstances the
department, of its determination to allow the change without revision of the
permit, disallow the change, require a revision of the permit to allow the
change, or require review under the California Environmental Quality Act
before a decision is made.
This bill would also require the enforcement agency to give notice of its
determination to allow certain changes without a revision to the permit
through a modification to the permit allowed by regulations developed by
the department.
(6) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
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This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares both of the
following:
(1) Since the enactment of the California Integrated Waste Management
Act of 1989 (Division 30 (commencing with Section 40000) of the Public
Resources Code), local governments and private industries have worked
jointly to create an extensive material collection and recycling infrastructure
and have implemented effective programs to achieve a statewide diversion
rate above 50 percent.
(2) Although the state now leads the nation in solid waste reduction and
recycling, the state continues to dispose of more than 40 million tons of
solid waste each year, which is more than the national average on a per
capita basis. Additional efforts must be undertaken to divert more solid
waste from disposal in order to conserve scarce natural resources.
(b) The Legislature further finds and declares all of the following:
(1) Approximately 64 percent of the state's solid waste disposal is from
commercial sources, including commercial, industrial, construction, and
demolition activities. In addition, 8 percent of the state's solid waste disposal
is from multifamily residential housing that is often collected along with
the commercial waste stream.
(2) The state's local governments have made significant progress in
reducing the amount of solid waste disposal from single-family residential
sources that make up 28 percent of the state's disposal, but have faced more
challenges in reducing disposal from the commercial and multifamily
sources.
(3) The disposal of recyclable materials in the commercial solid waste
stream prevents materials from circulating in the state economy to produce
jobs and new products. Reducing the disposal of these materials will
conserve landfill capacity and contribute to a reduction in greenhouse gas
emissions and climate change.
(4) The state has long been a national and international leader in
environmental stewardship efforts and mandating the diversion of solid
waste away from disposal. Bold environmental leadership and a new
approach are needed to divert commercial solid waste away from disposal.
(5) By exercising a leadership role, the state will lead the business
community toward a future in which the environment and the economy both
grow stronger together by recycling materials, which creates new jobs,
instead of burying resources, which exit the economy forever.
(6) By requiring commercial recycling, the state will help businesses
reduce costly disposal fees and reclaim valuable resources.
SEC. 2. Section 40004 is added to the Public Resources Code, to read:
40004. (a) The Legislature finds and declares all of the following:
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Ch. 476 - 4 -
(1) Solid waste diversion and disposal reduction require the availability
of adequate solid waste processing and composting capacity.
(2) The existing network of public and private solid waste processing
and composting facilities provides a net environmental benefit to the
communities served, and represents a valuable asset and resource of this
state, one that must be sustained and expanded to provide the additional
solid waste processing capacity that will be required to achieve the additional
solid waste diversion targets expressed in Section 41780.01 and the
commercial solid waste recycling requirement expressed in Section 42649.
(3) The provisions in existing law that confer broad discretion on local
agencies to determine aspects of solid waste handling that are of local
concern have significantly contributed to the statewide diversion rate
exceeding 50 percent, and further progress toward decreasing solid waste
disposal requires that this essential element of local control be preserved.
(b) It is the intent of the Legislature to encourage the development of the
additional solid waste processing and composting capacity that is needed
to meet state objectives for decreasing solid waste disposal by identifying
incentives for local governments to locate and approve new or expanded
facilities that meet and exceed their capacity needs, and to recognize local
agencies that make significant contributions to the state's overall solid waste
reduction and recycling objectives through the siting of facilities for the
processing and composting of materials diverted from the solid waste stream.
(c) By setting new commercial solid waste recycling requirements in
Section 42649, the Legislature does not intend to limit a right afforded to
local governments pursuant to Section 40059, or to modify or abrogate in
any manner the rights of a local government or solid waste enterprise with
regard to a solid waste handling franchise or contract.
SEC. 3. Section 41730 of the Public Resources Code is amended to read:
41730. Except as provided in Section 41750.1, each city shall prepare,
adopt, and, except for a city and county, transmit to the county in which the
city is located a nondisposal facility element that includes all of the
information required by this chapter and that is consistent with the
implementation of a city source reduction and recycling element adopted
pursuant to this part. The nondisposal facility element and any updates to
the element shall not be subject to the approval of the county and the majority
of cities with the majority of the population in the incorporated area.
SEC. 4. Section 41731 of the Public Resources Code is amended to read:
41731. Except as provided in Section 41750.1, each county shall prepare,
adopt, and, except for a city and county, transmit to the cities located in the
county a nondisposal facility element that includes all of the information
required by this chapter and that is consistent with the implementation of a
county source reduction and recycling element adopted pursuant to this part.
The nondisposal facility element and any updates to the element shall not
be subject to the approval of the majority of cities with the majority of the
population in the incorporated area.
SEC. 5. Section 41734 of the Public Resources Code is amended to read:
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41734. (a) (1) Prior to adopting a nondisposal facility element, the city,
county, or regional agency shall submit the element to the task force created
pursuant to Section 40950 for review and comment.
(2) Prior to adopting 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 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 department within 90 days of the date
of receipt of the nondisposal facility element for review and comment.
SEC. 6. Section 41734.5 is added to the Public Resources Code, to read:
41734,5. (a) Once a nondisposal facility element has been adopted, the
city, county, or regional agency shall update all information required to be
included in the nondisposal facility element, including, but not limited to,
new information regarding existing and new, or proposed, nondisposal
facilities.
(b) Updates shall be provided to the department within 30 days of any
change in information.
(c) Copies of the updated information shall also be provided to the local
task force and shall be appended or otherwise added to the nondisposal
facility element.
(d) The local task force shall not be required to review and comment on
the updates to the nondisposal facility elements.
(e) Updates to the nondisposal facility elements are not subject to approval
by the department.
SEC. 7. Section 41735 of the Public Resources Code is amended to read:
41735. (a) Notwithstanding Division 13 (commencing with Section
21000), the adoption or update of a nondisposal facility element shall not
be subject to environmental review.
(b) Local agencies may impose a fee on project proponents to fund their
necessary and actual costs of preparing and approving updates to nondisposal
facility elements.
SEC. 8. Section 41736 of the Public Resources Code is amended to read:
41736. It is not the intent of the Legislature to require cities and counties
to revise their source reduction and recycling elements to comply with the
requirements of this chapter.
SEC. 9. Section 41780.01 is added to the Public Resources Code, to
read:
41780.01. (a) The Legislature hereby declares that it is the policy goal
of the state that not less than 75 percent of solid waste generated be source
reduced, recycled, or composted by the year 2020, and annually thereafter.
(b) Notwithstanding subdivision (a), the department shall not establish
or enforce a diversion rate on a city or county that is greater than the 50
percent diversion rate established pursuant to Section 41780.
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SEC. 10. Section 41780.02 is added to the Public Resources Code, to
read:
41780.02. (a) On or before January 1, 2014, the department shall submit
a report to the Legislature that provides strategies to achieve the state's
policy goal that not less than 75 percent of solid waste generated be source
reduced, recycled, or composted by the year 2020, and annually thereafter,
pursuant to Section 41780.01.
(b) The report shall also include all of the following:
(1) A review and update of the information required pursuant to
subparagraph (A) of paragraph (4) of subdivision (c) of Section 40507, with
emphasis on new and emerging trends in resource management.
(2) Identification of problematic waste streams and sources and
recommendations on handling those waste streams.
(3) Evaluation of current programs and their effectiveness, and
recommendations for changes to those programs.
(4) Recommendations for reprioritizing existing resources to best achieve
the purpose of Section 41780.01.
(5) Recommendations for legislative changes, if any, that are necessary
to achieve the goals of Section 41780.01.
(6) Report on regulatory changes, if any, that are necessary, to achieve
the goals of Section 41780.01.
(7) Any other information or recommendations the department deems
pertinent.
(c) The department may provide the report required pursuant to this
section in conjunction with the report required pursuant to Section 40507
if the combined report is submitted on or before January 1, 2014.
(d) The department may hold public workshops to gather input from
stakeholders.
(e) (1) Pursuant to Section 10231.5 of the Government Code, this section
is repealed on January 1, 2017.
(2) The report shall be submitted incompliance with Section 9795 of the
Government Code.
SEC. 11. 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 that the department has determined to be complete, or any element of
the plan that the department has determined to be complete, the department
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 department 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 that the department has
determined to be complete, the department shall determine whether the
element that the department has determined to be complete is incompliance
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with Chapter 4.5 (commencing with Section 41730) and Article 1
(commencing with Section 41780) of Chapter 6, and, based upon that
determination, the department shall approve, conditionally approve, or
disapprove the element within that time period.
(2) In reviewing the element, the department shall:
(A) Not consider the estimated capacity of the facility or facilities in the
element unless the department determines that this information is needed
to determine whether the element 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 that includes a transfer station or other
facility solely because the facility does not contribute toward the
jurisdiction's efforts to comply with Section 41780.
(c) If the department does not act to approve, conditionally approve, or
disapprove an element that the department has determined to be complete
within 120 days, the department shall be deemed to have approved the
element.
SEC. 12. Chapter 12.8 (commencing with Section 42649) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 12.8. RECYCLING OF COMMERCIAL SOLID WASTE
42649. (a) It is the intent of the Legislature to require businesses to
recycle solid waste that they generate.
(b) It is the intent of the Legislature to allow jurisdictions flexibility in
developing and maintaining commercial solid waste recycling programs.
(c) It is the intent of the Legislature to reduce greenhouse gas emissions
by diverting commercial solid waste to recycling efforts and to expand the
opportunity for additional recycling services and recycling manufacturing
facilities in Califomia.
42649.1. For purposes of this chapter, the following terms mean the
following:
(a) "Business" means a commercial or public entity, including, but not
limited to, a firm, partnership, proprietorship, joint stock company,
corporation, or association that is organized as a for-profit or nonprofit
entity, or a multifamily residential dwelling.
(b) "Commercial solid waste" has the same meaning as defined in Section
17225.12 of Title 14 of the California Code of Regulations.
(c) "Commercial waste generator" means a business subject to subdivision
(a) of Section 42649.2.
(d) "Self-hauler" means a business that hauls its own waste rather than
contracting for that service.
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Ch. 476 - 8 -
42649.2. (a) On and after July 1, 2012, a business that generates more
than four cubic yards of commercial solid waste per week or is a multifamily
residential dwelling of five units or more shall arrange for recycling services,
consistent with state or local laws or requirements, including a local
ordinance or agreement, applicable to the collection, handling, or recycling
of solid waste, to the extent that these services are offered and reasonably
available from a local service provider.
(b) A commercial waste generator shall take at least one of the following
actions:
(1) Source separate recyclable materials from solid waste and subscribe
to a basic level of recycling service that includes collection, self-hauling,
or other arrangements for the pickup of the recyclable materials.
(2) Subscribe to a recycling service that may include mixed waste
processing that yields diversion results comparable to source separation.
(c) A property owner of a multifamily residential dwelling may require
tenants to source separate their recyclable materials to aid in compliance
with this section.
42649.3. (a) On and after July 1, 2012, each jurisdiction shall implement
a commercial solid waste recycling program appropriate for that jurisdiction
designed to divert commercial solid waste from businesses subject to Section
426492, whether or not the jurisdiction has met the requirements of Section
41780.
(b) If a jurisdiction already has a commercial solid waste recycling
program as one of its diversion elements that meets the requirements of this
section, it shall not be required to implement a new or expanded commercial
solid waste recycling program.
(c) The commercial solid waste recycling program shall be directed at a
commercial waste generator, as defined in subdivision (b) of Section
42649.1, and may include, but is not limited to, any of the following:
(1) Implementing a mandatory commercial solid waste recycling policy
or ordinance.
(2) Requiring a mandatory commercial solid waste recycling program
through a franchise contract or agreement.
(3) Requiring ail commercial solid waste to go through either a source
separated or mixed processing system that diverts material from disposal.
(d) The commercial solid waste recycling program shall include
education, outreach to, and monitoring of, businesses. A jurisdiction shall
notify a business if the business is not in compliance with Section 42649.2.
(e) The commercial solid waste recycling program may include
enforcement provisions that are consistent with a jurisdiction's authority,
including a structure for fines and penalties.
(f) The commercial solid waste recycling program may include
certification requirements for self-haulers.
(g) The department shall review a jurisdiction's compliance with this
section as part of the department's review required by Section 41825. Each
jurisdiction shall report the progress achieved in implementing its
commercial recycling program, including education, outreach, identification,
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and monitoring, and if applicable, enforcement efforts, by providing updates
in the annual report required by Section 41821.
(h) The department may also review whether a jurisdiction is in
compliance with this section at any time that the department receives
information that a jurisdiction has not implemented, or is not making a good
faith effort to implement, a commercial recycling program.
(i) During its review pursuant to subdivision (g) or (h), the department
shall determine whether each jurisdiction has made a good faith effort to
implement its selected commercial recycling program. For purposes of this
section, "good faith effort" means ail reasonable and feasible efforts by a
jurisdiction to implement its commercial recycling program. During its
review, the department may include, but is not limited to, the following
factors in its evaluation of a jurisdiction's good faith effort:
(1) The extent to which businesses have complied with Section 42649.2,
including information on the amount of disposal that is being diverted from
the businesses, if available, and on the number of businesses that are
subscribing to service.
(2) The recovery rate of the commercial waste from the material recovery
facilities that are utilized by the businesses, ail information, methods, and
calculations, and any additional performance data, as requested by the
department from the material recovery facilities pursuant to Section 18809.4
of Title 14 of the California Code of Regulations.
(3) The extent to which the jurisdiction is conducting education and
outreach to businesses.
(4) The extent to which the jurisdiction is monitoring businesses, and
notifying those businesses that are out of compliance.
(5) The availability of markets for collected recyciabies.
(6) Budgetary constraints.
(7) In the case of a rural jurisdiction, the effects of small geographic size,
low population density, or distance to markets.
42649.4. (a) If a jurisdiction adds or expands a commercial solid waste
recycling program to meet the requirements of Section 42649.3, the
jurisdiction shall not be required to revise its source reduction and recycling
element, or obtain the department's approval pursuant to Article 1
(commencing with Section 41800) of Chapter 7 of Part 1.
(b) If an addition or expansion of a jurisdiction's commercial solid waste
recycling program is necessary, the jurisdiction shall update in its annual
report required pursuant to Section 41821.
42649.5. (a) This chapter does not limit the authority of a local agency
to adopt, implement, or enforce a local commercial solid waste recycling
requirement that is more stringent or comprehensive than the requirements
of this section or limit the authority of a local agency in a county with a
population of less than 200,000 to require commercial solid waste recycling.
(b) This chapter does not modify, limit, or abrogate in any manner any
of the following:
(1) A franchise granted or extended by a city, county, or other local
government agency.
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Ch. 4'76 -10 -
(2) A contract, license, or permit to collect solid waste previously granted
or extended by a city, county, or other local government agency.
(3) The existing right of a business to sell or donate its recyclable
materials.
42649.6. A local agency may charge and collect a fee from a commercial
waste generator in order to recover the local agency's costs incurred in
complying with this chapter.
42649.7. If the State Air Resources Board adopts regulations for
commercial recycling prior to the effective date of the act of the 2011-12
Regular Session of the Legislature adding this section, those regulations
shall be deemed to have been adopted by the department, and they shall be
added to the department's regulations and deleted from the board's
regulations as if it were a change without regulatory effect.
SEC. 13. Section 42926 of the Public Resources Code is amended to
read:
42926. (a) In addition to the information provided to the department
pursuant to Section 12167.1 of the Public Contract Code, each state agency
shall submit an annual report to the department summarizing its progress
in reducing solid waste as required by Section 42921. The annual report
shall be due on or before May 1, 2012, and on or before May 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 department shall, at a
minimum, include ail 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 department 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. 14. Section 44004 of the Public Resources Code is amended to
read:
44004. (a) An operator of a solid waste facility shall 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 ail
regulations adopted pursuant to this division, and the terms and conditions
of the solid waste facilities permit are revised to reflect the change.
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(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
department, of its determination to do any of the following:
(1) Allow the change without a revision to the permit.
(2) Allow the following changes without a revision to the permit through
a modification to the permit allowed pursuant to regulations developed by
the department:
(A) The proposed change is to allow a nondisposai facility to increase
the amount of solid waste that it may handle and that increased amount is
within the existing design capacity as described in the facility's transfer
processing report and review pursuant to Division 13 (commencing with
Section 21000).
(B) The proposed change is to allow a disposal facility to add a
nondisposal activity to the facility that will increase the amount of solid
waste that may be handled as described in the facility's report of facility
information and review pursuant to Division 13 (commencing with Section
21000).
(3) Disallow the change because it does not conform with the
requirements of this division or the regulations adopted pursuant to this
division.
(4) Require a revision of the solid waste facilities permit to allow the
change.
(5) 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.
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(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 department.
(2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and postciosure
maintenance requirements of this division and to ail 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, envirommental
monitoring, and periodic reporting during the period of temporary
suspension. The department 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
department 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 aii 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 department pursuant to subdivision (i).
The enforcement agency shall also provide notice of the hearing to the
department when it submits the proposed determination to the department.
(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 department comments pursuant to paragraph (1), the department
shall specify whether the proposed determination is consistent with the
regulation adopted pursuant to subdivision (i).
(i) (1) The department 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 "
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(2) While formulating and adopting the regulations required pursuant to
paragraph (1), the department 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. 15. 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 Department of Resources Recycling and Recovery pursuant to
Division 30 (commencing with Section 40000), a person shall not 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 to that element, which has been approved pursuant to Section
41721.
(2) The solid waste facility is a facility that is designed to recover for
reuse or recycling at least 5 percent of the total volume of material received
by the facility, and that is identified in the nondisposai facility element that
has been approved pursuant to Section 41800 or is included in an update to
that element.
(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 ail 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 shall not be required
for an update to a nondisposai facility element.
SEC. 16. No reimbursement is required by this act pursuant to Section
6 of Article XIIIB of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
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