An act to amend Sections 41780, 44009, 45014, 45024, and 48000 of, to add Sections 40142, 41780.01, and 41826 to, and to add Chapter 12.8 (commencing with Section 42649) to Part 3 of, Chapter 2.7 (commencing with Section 48300) to Part 7 of, and Chapter 8 (commencing with Section 49700) to Part 8 of, Division 30 of, the Public Resources Code, relating to solid waste.
(1) The California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. The source reduction and recycling element of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. This bill would require a jurisdiction, for each subsequent revision of the element, to divert 60% of all solid waste on and after January 1, 2015, through source reduction, recycling, and composting activities, thereby imposing a state-mandated local program by imposing new duties on local agencies regarding solid waste. The bill would provide that the states waste reduction target is to divert 75% of solid waste, on and after January 1, 2020, through source reduction, recycling, and composting activities. (2) The act requires the board to determine whether a jurisdiction has been making a good faith effort to implement its source reduction and recycling element and household hazardous waste element in specified circumstances. The act specifies information that the board is required to consider in making that determination. This bill would require the board additionally to consider the jurisdictions efforts in diverting organic material from disposal or deposit in solid waste landfills. (3) The act defines various terms for purposes of the act. This bill additionally would define illegal dumping for purposes of the act, to mean the act of disposing of solid waste at a location that is not a permitted solid waste disposal facility or is not otherwise authorized for the disposal of solid waste pursuant to the act or regulations adopted by the board. (4) The act authorizes a local governmental agency to determine aspects of solid waste handling that are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and the nature, location, and extent of providing solid waste handling services. This bill would require the board, by January 1, 2011, to adopt a model ordinance that contains elements for refuse service providers. A local agency would be authorized but not required to adopt the boards model ordinance. The bill would authorize the board to establish an illegal dumping prevention program to provide grants or loans to local agencies , as the bill would define that term, to fund the development of new,or the expansion of existing, comprehensive local illegal dumping programs. The board would be authorized to expend moneys in the Integrated Waste Management Account and other funds, as appropriate, upon appropriation by the Legislature, for the purposes of providing the grants and loans. (5) The act requires the board to concur in or object to the issuance, modification, or revision of a solid waste facilities permit within 60 days from the date of the boards receipt of a proposed solid waste facilities permit from an enforcement agency. If the board does not concur or object during that period, the board generally is deemed to have concurred in the issuance of the permit. Upon making certain determinations, the board is required to object to the permit and submit those objections to the enforcement agency. This bill would instead require that the board concur in or object to a proposed permit, in writing, within 60 days, or 90 days under specified circumstances, or the board would be deemed to have concurred in the issuance of the permit. The bill would require, if the board makes certain determinations requiring an objection, that the board submit the basis for the objection to the enforcement agency within 15 days after the boards determination. (6) The act requires each operator of a disposal facility to pay a quarterly fee to the State Board of Equalization that is based on the amount of all solid waste disposed of at each disposal site. The amount of the fee is established by the California Integrated Waste Management Board at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but is prohibited from exceeding $1.40 per ton. Thisbill would require the fee to be equal to $2.13 per ton, on and after January 1, 2012, and require the California Integrated Waste Management Board to adjust the fee not more than once every 2 years to reflect increases or decreases in the cost of living during the prior 2 fiscal years. (7) The bill would require the owner or operator of a business that contracts for solid waste services and generates more than 4 cubic yards of total solid waste and recyclable materials that are not solid waste, per week, by January 1, 2012, except as otherwise provided, to arrange for recycling services applicable to the collection, handling, or recycling of solid waste, to the extent the services are offered and reasonably available from a local service provider. The bill also would require each city, county,solid waste authority, or other joint powers authority located in a county with a population of 200,000 or more to adopt by January 1, 2012, a commercial recycling ordinance, as specified, thereby imposing a state-mandated local program by imposing new duties on local agencies with regard to solid waste. (8) This bill would also make technical, nonsubstantive changes to the act. (9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. »Less