HomeMy WebLinkAbout11 LEGISLATIVE REPORTS 05-15-07MEETING DATE: MAY 15, 2007
T0: WILLIAM A. HUSTON, CITY MANAGER
FROM: CITY CLERK'S OFFICE
SUBJECT: LEGISLATIVE REPORTS
SUMMARY:
The following legislative items will be discussed by the City Council.
• SB1016 (Wiggins) regarding legislation that would require biennial rather than
annual solid waste diversion reports to the California Integrated Waste
Management Board (CIWMB}; and
• SB1020 (Padilla) regarding legislation increase the waste diversion requirements
from 50% to 75% by January 1, 2012.
RECOMMENDATION:
Pleasure of the City Council.
F I SCAL I M PACT:
None.
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AGENDA REPORT
MEETING DATE: MAY 15, 2007
T0. WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT; SENATE BILL 1016
Agenda Item
Reviewed:
City Manager
Finance Director NIA
SUMMARY
Senate Bill 1016 by Senator Patricia Wiggins would allow a City or County to submit biennial
rather than annual reports to the California Integrated Waste Management Board (CIWMB)
if an agency is achieving the 50% diversion requirement. Staff is recommending that the
City Council send a letter of support for this legislation.
RECOMMENDATION
Staff recommends that the City Council send a letter of support for Senate Bill 1016.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BAC KG RO U N D
This bill authorizes the California Integrated Waste Management Board (CIWMB) to allow a
City or County to submit certain information in the annual report on a biennial, rather than an
annual basis if the CIWMB determines the City or County has diverted more than 50% of
solid waste from landfill disposal through source reduction, recycling, and composting
activities. The CIWMB can still require the submission of annual reports if the agency fails
to divert 50% of the solid waste or if the CIWMB rescinds the authorization. The bill also
streamlines and simplifies various aspects of the reporting system.
While this bill will not immediately affect Tustin due to the current diversion rate of
approximately 35%, staff anticipates considerable time savings if this allowance were
applied to Tustin.
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Tim D. Serlet
Director of Public Works/City Engineer
Senate Bill 1016.doc
Jo Byers
Administrative Services Manager
Attachments A. SB 1016
B. Draft Letter of Support
May 15, 2007
The Honorable Patricia Wiggins
State Capitol Building Room 313
Sacramento CA 95814
RE: SB 1016 Diversion: Annual Report.
NOTICE OF SUPPORT
Dear Senator Wiggins:
I am writing on behalf of the City Tustin to inform you that we support Senate Bill 1016
and urge a Yes vote.
SB 1016 would authorize the California Integrated Waste Management Board (CIWMB)
to allow a City or County to submit certain information in the annual report on a biennial,
rather than. an annual basis if the CIWMB determines the City or County has diverted
more than 50 percent of solid waste from landfill disposal through source reduction,
recycling, and composting activities. The CIWMB can still require the submission of
annual reports if the agency fails to divert 50% of the solid .waste or if the CIWMB
rescinds the authorization. The bill also streamlines and simplifies various aspects of the
.reporting system.
While the City has not yet attained the 50% diversion goal, the City has worked closely
with the CIWMB to implement new recycling programs and has made great strides
towards full compliance with the current goal.
The City believes this new requirement would reduce the administrative burden on local
agencies and the CIWMB while improving the quality of information provided to the State
while allowing them to focus its efforts on providing support to agencies with the greatest
need.
The new bill would allow the City to focus its efforts on providing the best programs and
best service to it residents and businesses while reducing an unnecessary administrative
burden
For this reason, the City of Tustin urges a Yes vote to SB 1016
Sincerely
Lou Bone
Mayor
c Senator Dick Ackerman
Assemblyman Chuck DeVore
Assemblyman Todd Spitzer
Anthony Thomas Legislative Representative League of California Cities
AMENDED IN SENATE APRIL 10, 2007
SENATE BILL No. lOlb
Introduced by Senator Wiggins
February 23, 2007
An act to amend ,
Section 41821 of, and to add Section 41826 to, the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1016, as amended, Wiggins. Diversion:
~~ annual report.
The California Integrated Waste Management Act of 1989, which is
administered by the California Integrated Waste Management Board,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan containing specified components. Those entities are
required to divert, from disposal or transformation, 50% of the solid
waste through source reduction, recycling, and composting subject to
the element, except as specified.
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SB 1016 - 2
~~ A city, county, or regional agency is required to submit an
annual report to the board summarizing its progress in reducing solid
waste.
This bill would
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.authorize the board, if it determines
that a city or county has diverted more than 50% of solid waste from
landfill disposal through source reduction, recycling, and composting
activities, to instead submit once every 2 years the information required
in the report. The bill would provide that if the board authorizes a city
or county to submit this information once every 2 years, and either the
city or county subsequently fails to divert SO% of the solid waste, or if
the board rescinds the authorization, the city or county would be
required to submit the report annually.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: -ye~no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 41821 of the Public Resources Code is
2 amended to read:
3 41821. (a) (1) £~e~rExcept as provided in subdivision (b) of
4 Section 41826, each year following the board's approval of a city,
5 county, or regional agency's source reduction and recycling
6 element, household hazardous waste element, and nondisposal
7 facility element, the city, county, or regional agency shall submit
$ a report to the board summarizing its progress in reducing solid
9 waste as required by Section 41780.
10 (2) The annual report shall be due on or before August 1 of the
11 year following board approval of the source reduction and recycling
12 element, the household hazardous waste element, and the
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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 3 1, inclusive.
(b) Each jurisdiction's annual report to the board shall, at a
minimum, include 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 population, economics, or other
factors in complying with subdivision (c) of Section 41780.1.
(3) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous
waste element. The city, county, or regional agency may also
include information about existing and new programs it is
implementing that are not part of the original or modified source
reduction and recycling element adopted by the jurisdiction and
approved by the board to achieve the diversion requirements of
Section 41780.
(4) 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.
(5) If the jurisdiction has been granted a time extension by the
board pursuant to Section-~~$~9 4182D.5, the jurisdiction shall
include a summary of progress made in meeting the source
reduction and recycling element implementation schedule pursuant
to paragraph (2) of subdivision (a) of Section 41780 and complying
with the jurisdiction's plan of correction, prior to the expiration
of the time extension.
(6) If the jurisdiction has been granted an alternative source
reduction, recycling, and composting requirement pursuant to
Section-~7$-~ 41786, the jurisdiction shall include a summary of
progress made towards meeting the alternative requirement as well
as an explanation of current circumstances that support the
continuation of the alternative requirement.
(7) 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) Any factor that the jurisdiction believes would affect the
accuracy of the estimated waste disposal reduction calculation
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provided in the report pursuant to paragraph (1) of subdivision (b)
to accurately reflect the changes in the amount of solid waste that
is actually disposed. The jurisdiction may include, but is not limited
to including, all of the following factors:
(A) Whether the jurisdiction hosts a solid waste facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(C) The original or subsequent base year calculation, the amount
of orphan waste, and the waste disposal reduction adjustment
methodology.
(2) Information regarding the programs the jurisdiction is
undertaking to respond to the factors specified in paragraph (1),
and why it is not feasible to implement programs to respond to
other factors that affect the amount of waste that is disposed.
(3) An estimate that the jurisdiction believes reflects that
jurisdiction's annual reduction or increase in the disposal of solid
waste.
(d) The board 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.
(e) (1) The board shall adopt procedures for requiring additional
information in a jurisdiction's annual report. The procedures shall
require the board to notify a jurisdiction of any additional required
information no later than 120 days after the board receives the
report from the jurisdiction.
(2) Paragraph (1) does not prohibit the board from making
additional requests for information in a timely manner. A
jurisdiction receiving a request for information shall respond in a
timely manner.
(~ The board shall adopt procedures for conferring with a
jurisdiction regarding the implementation of a diversion program
or changes to a jurisdiction's calculation of its annual disposal
reduction.
SEC. 2. Section 41826 is added to the Public Resources Code,
to read:
41826. (a) The Legislature finds and declares all of the
following.•
(1) The statewide diversion rate for the year 2005 is expected
to exceed 50 percent, and jurisdictions throughout the state have
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set forth comprehensive arrays of programs to divert solid waste
from disposal.
(2) Adjustments to the ways in which diversion achievements
are measured and evaluated need to be implemented to simplify
the system, while improving its accuracy and adding additional
emphasis to the implementation of those diversion programs.
(3) New methods of streamlining accounting of disposal
girant~cation need to be examined while ensuring that the state
takes a lead role in adopting statewide strategies to divert solid
waste through source reduction, recycling, and composting.
(4) Each. city or county should continue to implement diversion
programs to prevent an increase in disposal, consistent with the
waste management hierarchy specified in Section 40051 and in
accordance with the existing requirements of this division.
(b) (1) If the board determines that a city or county has diverted
more than SO percent of solid waste from landfill disposal through
source reduction, recycling, and composting activities, the board
may authorize that city or county to submit once every 2 years the
information required in the annual report pursuant to subdivision
(b) of Section 41821. The biennial report shall be due on or before
August 1 of the subsequent year following board authorization
and shall encompass the two previous calendar years, January 1
to December 31, inclusive.
(2) If the board authorizes a city or county to submit the
information spec~ed in paragraph (1) once every 2 years, and
either the city or county subsequently fails to divert SO percent of
the solid waste, or if the board rescinds the authorization, the city
or county shall submit the information required pursuant to
subd~ivisio^n (b) of Section A418/21 ann1ual\ly. 1
1~1 I~ 1~ 1AN /, ~ Q IG A~TNA I/11~~11f 1, AllAll M/1A11 AAA 1(1
AY11 AN/1AA TA NAAA.
All matter omitted in this version of the bill
appears in the bill as introduced in the
Senate, February 23, 2007. (JR11)
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Agenda Item
l~ Reviewed:
~. ~ ,I+,1
`,~ ~ ~ ~ City Manager
., ^ , ;,
~~~~_- Finance Director NIA
MEETING DATE: MAY 15, 2007
T0: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: SENATE BILL 1020
SUMMARY
Senate Bill 1020 by Senator Alex Padilla increases the waste diversion requirement for
Cities and Counties from 50% to 75% by January 1, 2012. Staff is recommending that the
City Council send a letter of opposition to this bill.
RECOMMENDATION
Staff recommends that the City Council send a letter of opposition to this bill.
FISCAL IMPACT
This is no fiscal impact associated with this item.
BACKGROUND
Current law specifies that, as of January 1, 2000, Cities and Counties divert from landfills
50% of the waste generated by residents and businesses in a jurisdiction. This bill would
increase the waste diversion requirement to 75% on and after January 1, 2012. The bill also
requires agencies to revise the Source Reduction and Recycling Element to the General
Plan to include an implementation schedule to comply with the new diversion requirement.
According the California Integrated Waste Management Board CIWMB), there are currently
about 20 jurisdictions that have already achieved 75% diversion; 262 jurisdictions that
currently meet the requirement 50% diversion; 46 jurisdictions have received good faith
effort determinations or approval for CIWMB approved alternative or reduced diversion
rates; 93 jurisdictions are on time extensions; and 7 are currently under active compliance
orders.
The City of Tustin has not yet achieved the 50% diversion requirement and the additional
requirements placed on the City by this legislation would be extremely burdensome. The
City's 2005 annual report to the CIWMB identified a diversion rate of 35%.
~ `
Tim D. Serlet ~ Joe yers
Director of Public WorkslCity Engineer Administrative Services Manager
Attachments A. SB 1020
B. Draft Letter of Opposition
May 15, 2007
The Honorable Alex Padilla
State Capitol Building Room 313
Sacramento CA 95814
RE: SB 1020 Solid Waste: Diversion
NOTICE OF OPPOSITION
Dear Senator Padilla:
I am writing on behalf of the City Tustin to inform you that we oppose
Senate Bill 1020 and urge a No vote.
SB 1020 would require jurisdictions to meet a new solid waste diversion
goal of 75% by January 1, 2012; a substantial increase from the current
50% diversion requirement.
According the California Integrated Waste Management Board CIWMB),
there are currently only about 20 jurisdictions that have already achieved
75% diversion; 262 jurisdictions that currently meet the requirement 50%
diversion; 46 jurisdictions have received good faith effort determinations or
approval for CIWMB approved alternative or reduced diversion rates; 93
jurisdictions are on time extensions; and 7 are currently under active
compliance orders.
While the City has not yet attained the 50% diversion goal, the City has
worked closely with the CIWMB to implement new recycling programs and
has made great strides towards full compliance with the current goal.
The City believes this new requirement would be premature because
many agencies are not yet able to achieve the current requirement on a
consistent basis. In addition, the private and public waste processing
infrastructure is only now catching up to the demands for 50% waste
diversion.
SB 1020 Solid Waste Diversion -Notice of Opposition
May 15, 2001
Page 2
The City of Tustin has recently awarded a new 10 year solid waste
contract which will further increase the diversion of waste from landfills.
This new contract will require new programs necessary to achieve 50%
diversion of all solid waste collected by the municipal hauler. This hauler
contract will contain substantial cost increases for some customers. To
further increase the diversion requirement would impose a substantial new
burden on residents and businesses and will especially impact those on a
fixed income.
Because of the extreme burden this legislation would place on the City, its
residents and businesses, the City of Tustin urges a No vote to SB 1020.
Sincerely
Lou Bone
Mayor
C Senator Dick Ackerman
Assemblyman Chuck Devour
Assemblyman Todd Spitzer
Anthony Thomas Legislative Representative League of California Cities
AMENDED IN SENATE APRIL 9, 2007
SENATE BILL No. 1020
Introduced by Senator Padilla
February 23, 2007
An act to amend ~' ~~+~ ~~ ~' ~0" Sections 41780, 41820. S, and 41820.6
of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1020, as amended, Padilla. Solid waste: diversion.
(1) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan containing specified components. The source
reduction and recycling element of that plan is required to divert 50%
of all solid waste from landfill disposal or transformation by January
1, 2000, through source reduction, recycling, and composting activities.
This bill would increase that requirement to require, on and after
January 1, 2012, with exceptions, that a city or county divert from
landfill disposal or transformation no less than 75% of all solid waste,
through source reduction, recycling, and composting activities, thereby
imposing astate-mandated local program by imposing new duties upon
local agencies with regard to the management of solid waste.
This bill would also make nonsubstantive technical changes.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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Vote: majority. Appropriation: no. Fiscal committee: yes:
State-mandated local program: yes.
The people of the State of California do enact as follows:
l SECTION 1. Section 41780 of the Public Resources Code is
2 amended to read:
3 41780. (a) Each city or county source reduction and recycling
4 element shall include an implementation schedule that shows both
5 of the following:
6 (1) For the initial element, the city or county shall divert 25
7 percent of all solid waste from landfill disposal or transformation
S by January 1, 1995, through source reduction, recycling, and
9 composting activities.
10 (2) Except as provided in Sections 41783-1~Q", ~~'' ~' ~70C
11 and 41784, for the first and each subsequent revision of the
12 element, the city or county shall divert 50 percent of all solid waste
13 ~~ ~~~' ~~~M by January 1, 2000, and 75 percent on and after
14 January 1, 2012, through source reduction, recycling, and
15 composting activities.
16 (b) Nothing in this part prohibits a city or county from
17 implementing source reduction, recycling, and composting
18 activities designed to exceed these requirements.
19 SEC. 2. Section 41820.5 of the Public Resources Code is
20 amended to read.•
21 41820.5. (a) ,
22 ~e-The board may, after a public hearing, grant a time extension
23 from the diversion requirements of Section 41780 to a city if both
24 of the following conditions exist:
25 (1) The city was incorporated pursuant to Division 3
26 (commencing with Section 56000) of Title 5 of the Government
27 Code after January 1,1990, and before January 1, 2001.
28 (2) The county within which the city is located did not include
29 provisions in its franchises that ensured that the now incorporated
30 area would comply with the diversion requirements of Section
31 41780.
32 (b) The board may authorize a city that meets the requirements
33 of subdivision (a) to submit a source reduction and recycling
34 element that includes an implementation schedule that shows both
35 of the following:
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(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. 3. Section 41820.6 of the Public Resources Code is
amended to read:
41820.6. (a) ,
The board 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 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 diversion requirements of Section
41780.
(b) The board 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 divert 50 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.
SEC. 4. No reimbursement is required by this act purszrant to
Section 6 of Article X111 B of the CalifoYnia 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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