HomeMy WebLinkAbout2008/07/22 Item 6
CITY COUNCIL
AGENDA STATEMENT
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- - (HUlA VISTA
JULY 22, 2008, Item_
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHOLA VISTA SUPPORTING SENATE BILL 1016 (WIGGINS),
REGARDING COMPLIANCE WITH THE CALIFORJ'IIA
INTEGRATED WASTE MANAGEMENT ACT
LEGISLATIVE SU~C9~E
CITY MANAGER
ASSISTANT cy 1 A ER '7 ~
4/5THS VOTE: YES 0 NO ~
SUBMITTED BY:
REVJ:E"VED BY:
SUMMARY
Since the passage of the Integrated Waste Management Act (Assembly Bill 939) in 1989, the measurement
system which 'counts' the amount of waste diverted from 1~dfi11s has proven to be burdensome, overly
complex, and inaccurate in the wake of a burgeoning population. Senate Bill I 0 16 will implement a system
that should increase timeliness and accuracy, provides a streamlined review for cities that are meeting their
diversion requirements, and maintains allowances for rural jurisdictions. The topic of this legislation is not
covered by the City's Adopted Legislative Program, therefore City Council approval is required for Chula
Vista to support this measure.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with t..'1e
California Environmental Quality Act (CEQA) and has determined: "The activity is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines; registering support for legislation does not
result in a physical. change to the environment and the legislation addresses only a system for
measurement of waste diversion; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary."
RECOMMENDATION
Council adopt the Resolution
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
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JULY 22, 2008, Item~
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DISCUSSION
In an effort to reduce the amount of material going into landfills throughout California, the State
Legislature approved AB 939, the Integrated Waste Management Act, in 1989. The law required each
city or county 'source reduction and recycling element' to include an implementation schedule that
would divert 25% of solid waste from landfill disposal or transformation by January 1, 1995 and 50% by
January 1,2000. Each city, county or regional agency submits an annual report to the Integrated Waste
Management Board that summarizes their progress in reducing solid waste. The report contains
information such as: calcualtions of annual disposal reduction, information on changes in the kinds of
waste generated or disposed, progress in diverting construction and demolition waste.
In 2000, SB 2202 was passed and requires the Waste Management Board to examine and revise the
disposal reporting system. The consensus of the Board was to recommend moving from a diversion-
based system to a disposal-based system to determine compliance with the law.
SB 1016, authored by Senator Wiggins (attached) implements the recommendations of the Waste
Management Board. Passage of this bill will require the Waste Management Board to compare each
jurisdiction's 'per capita disposal rate' with that jurisdiction's "50% equivalent" per capita disposal rate
on January 1,2007.
The bill also clarifies and consolidates the information required for the annual report submitted by
jurisdictions, including source reduction and recycling elements, household hazardous waste elements
and any new or expanded programs.
In addition, those jurisdictions meeting the 50% equivalent i,ler capita disposal rate or making a 'good
faith effort' to reach that requirement, will be granted a review frequency reduction by the Waste
Management Board. The Board will reduce the frequency with which it conducts a complete review of
that jurisdiction from every two years to once every four years. SB 10 16 is pending ill the Assembly
Appropriations Committee.
DECISION MAKER CONFLICT
Staffhas reviewed.the decision contemplated by this action and has determined 1:,'1at it is not site specific
and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not
applicable to this decision.
FISCAL IMPACT
There is no direct impact to the Genera! Food. Waste Management Plan activities are funded through an
existing AB 939 fee on all solid waste services within the City. Passage of this bill will ease reporting
requirements and staff time to complete reports.
ATTACHMENTS
Text ofSB 1016 (Wiggins) as amended July 2,2008
Prepared by: Colleen Carnevale, Government Relations Liaison, Office of the City Manager
Lynn France, Environmental Services Program lHanager
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k\1ENDED IN ASSEMBLY JULY 2, 2008
k\1ENDED IN ASSEMBLY JUNE 10,2008
AMENDED IN SENATE APRIL 10,2007
SENATE BILL
No. 1016
Introduced by Senator Wiggins
February 23, 2007
An act to amend Sections 40181, 40183, 40184, 41780, 41783,
41820.6,41821,41850,42921, and 42926 of, to amend the headings
of Article 4 (commencing with Section 41825) and Article 5
(commencing with Section 41850) of Chapter 7 of Part 2 of Division
30 of, to add Sections 40127, 40144, 40150.1, 41780.05, 42921.5, and
42927 to, and to repeal and add Section 41825 of, the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
,
SB 1016, as amended, Wiggins. Diversion: compliance: per 'capita
disposal rate.
(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. 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. A city, county, or regional agency is
required to submit an annual report to the board summarizing its
progress in reducing solid waste. Existing law requires the board to
review, a least once every 2 years, a jurisdiction's source reduction and
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recycling element and household hazardous waste element. The board
is required to issue an order of compliance if the board finds that a
jurisdiction has failed to implement its source reduction and recycling
element or its household hazardous waste element, pursuant to a
specified procedure. If, after issuing an order of compliance, the board
finds the city, county, or regional agency has failed to make a good
faith effort to implement those elements, the board is authorized to
impose administrative civil penalties upon the city, county, or regional
agency.
This bill would define the terms "diversion program," "jurisdiction,"
and "multicounty regional agency," for purposes of the act and would
revise the definitions of the terms "rural city" and "rural county." The
bill would delete the condition that the solid waste subject to source
reduction, recycling, and composting under these provisions, be diverted
from landfill disposal or transformation.
The bill would repeal the board's existing 2-year process and instead
require the board to make a finding whether each jurisdiction was in
compliance with the act's diversion requirements for calendar year 2006
and to review a jurisdiction's compliance with those diversion
requirements in accordance with a specified schedule, which would be
conditioned upon the board finding that the jurisdiction is in compliance
with those requirements or has made a good faith effort to implement
its source reduction and recycling element and household hazardous
waste element.
The bill would require the board to issue an order of compliance if
the board finds that the jurisdiction has failed to make a good faith effort
to implement its source reduction and recycling element or its hOljsehold
hazardous waste element, pursuant to a specified procedure. The board
would be required to comply with certain requirements, in making this
determination.
The bill would revise the information required to be included in the
jurisdiction's annual report to the board and would require the report
to be submitted to the board electronically. The bill would make
conforming changes regarding the compliance order and related
enforcement provisions. The bill would impose a state-mandated local
program by lmposing new duties upon local agencies.
(2) Existing law requires each state agency, as defined, to develop
and adopt, in consultation with the board, an integrated waste
management plan. Each state agency and large state facility is required
to divert at least 50% of the solid waste generated by the state agency
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or large state facility from landfill disposal or transformation facilities.
"State agency" is defined, for purposes of these requirements, to include
the California Community Colleges.
This bill would require the board to determine if a state agency or
large state facility is in compliance with the 50% diversion requirement
by comparing the annual per capita disposal rate of the state agency or
large state facility with the per capita disposal rate that the agency or
facility. would be necessary to comply with =h .The the 50% diversion
requirement. The board would be authorized to consider an agency's
or facility's per capita disposal rate as a factor in determining whether
the agency or facility is adequately implementing its integrated waste
management plan.
The bill would require a community college dishict to expend the
revenues derived from the sale of recyclable materials for the purposes
of offsetting recycling program costs and to expend aU cost savings that
result from implementation of the district's integrated waste management
plan to fund the continued implementation of the plan. A community
college district would also be required to expend the revenues and cost
savings to offset recycling program costs incurred from the initial date
when the community college district became subject to these
requirements. A community college district would be required to provide
information to the board at least annually, on the quantities of recyclab Ie
materials collected for recycling, according to a schedule detennined
by the board and the district. The bill would impose a state-mandated
local program by imposing new duties upon community colleges.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by th~' state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this. act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the Stote of California do enact as follows:
1 SECTION 1. Section 40127 is added to the Public Resources
2 Code, to read:
3 40127. "Diversion program" means a program in the source
4 reduction and recycling element ofajurisdiction's integrated waste
5 management plan, specified in Chapter 2 (commencing with
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Section 41000) of, or Chapter3 (conunencing with Section 41300)
of, Part 2 and that has the purpose of diverting solid waste from
landfill disposal or transformation through source reduction,
4 recycling, and composting activities. "Diversion program"
5 additionally includes any amendments, revisions, or updates to the
6 element, and any programs set forth in a time extension, alternative
7 requirement, or compliance order approved by the board pursuant
8 to Part 2 (conunencing with Section 40900).
9 SEC. 2. Section 40144 is added to the Public Resources Code,
10 to read;
11 40144. "Jurisdiction" means a city, county, or regional agency
12 that is approved by the board pursuant to Section 40975.
[3 SEC.3. Section 401 SO. I is added to the Public Resources Code,
14 to read:
IS 40150.1. "Multicounty regional agency" means a regional
16 agency, as defined in Section 40181, that includes all of the
17 jurisdictions that are located in at least two or more rural counties.
18 SEe. 4. Scotia" 10181 of the Pclblie RC36UfCC3 Cade i3
19 amended ta read;
20 40181. "Rcgianal agency "61 "rcgi,'mal planning agency" meal'3
21 an agency formed ptli"stlant to Chapter 5 (com.i1Kneing ,,.ith Seeti!'}!,
22 6500) ofDi,.i3i6Il 7 6fTitlc 16fthc Co,.e,l,iTIont Code and Articlc
3 (cOIllilleIlcing "ith Section 409(0) ofChaptc:r I oUart 2.
SEe. 5.
SEe. 4. Section 40183 of the Public Resources Code IS
amended to read;
40183. (a) "Rural city" or "rural regional agency" mhns a
city or regional agency that is located within a rural county as
defined in Section 40184.
(b) (I) Unless the board takes action pursuant to paragraph (2),
this section does not affect any reduction granted to a rural city-m
rural COtti,\}. by the board pursuant to Section 41787 prior to
January 1,2008.
(2) The board may review and take action regarding any
reduction granted to a rural city or ltlral cotml'} by the board in
accordance with subdivision (b) of Section 41787.
SEe. 6.
SEe. 5. Section 40184 of the Public Resources Code IS
amended to read:
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1 40184. (a) "Rural county" means a county or multicounty
2 regional agency that annually disposes of no more that 200,000
3 tons of solid waste.
4 (b) (1) Unless the board takes action pursuant to paragraph (2),
5 this section does not affect any reduction granted to a rural city or
6 rural county by the board pursuant to Section 41787 prior to
7 January 1,2008.
8 (2) The board may review and take action regarding any
9 reduction granted to a rural county in accordance with subdivision
10 (b) of Section 41787.
11 SEC.;.
12 SEC 6. Section 41780 of the Public Resources Code is
13 amended to read:
14 41780. (a) Each jurisdiction's source reduction and recycling
15 element shall include an implementation schedule that shows both
16 of the following:
17 (1) For the initial element, the jurisdiction shall divert 25 percent
18 of all solid waste by January 1, 1995, through source reduction,
19 recycling, and composting activities.
20 (2) Except as provided in Sections 41783 and 41784, for the
21 first and each subsequent revision of the element, the jurisdiction
22 shall divert 50 percent of all solid waste on and after January 1,
23 2000, through source reduction, recycling, and composting
24 activities.
25 (b) This section does not prohibit a jurisdiction from
26 implementing source reduction, recycling, and composting
27 activities designed to exceed the requirements of this division.
28 SEC. 8.
29 SEC 7. Section 41780.05 is added to the Public Resources
30 Code, to read:
31 41780.05. (a) On and after January 1,2009, pursuant to the
32 review authorized by Section 41825, the board shall determine
33 each jurisdiction's compliance with Section 41780 for the years
34 commencing with January 1, 2007, by comparing each
35 jurisdiction's change in its per capita disposal rate in subsequent
36 years with the equivalent per capita disposal rate that would have
37 been necessary for the jurisdiction to meet the requirements of
38 Section 41780 on January 1, 2007, as calculated pursuant to
39 subdivisions (c) and (d).
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1 (b) (1) For purposes of paragraph (5) of subdivision (e) of
2 Section 41825, in making a determination whether a jurisdiction
3 has made a good faith effort to implement its source reduction and
4 recycling element or its household hazardous waste element, the
5 beald may consider ajmi3dictiGn'3 per capita dispe3a1 anI) as all.
6 indicatior, of "hcthcr the;Ul ;sdictiofl has adc'1:uatclj in1pkhlcntcd
7 its diicrsi0fl pIO!;IaItB. The board shall not cOll.3idcI an iI"cleasc
8 in tl,e pel capita disposal rate to be ,ktcrm:inati. e as to "Lether
9 the j tuisclictim, has made a ,l;ood faith efrart. board shall consider,
10 but is not limited to the consideration of the jurisdiction's per
11 capita disposal rate and whether the jurisdiction adequately
12 implemented its diversion programs.
13 (2) When determining whether a jurisdiction has made a good
14 faith effort pursuant to Section 41825 to implement its source
15 reduction and recycling element or its household hazardous waste
16 element, the board shall consider that an increase in the per capita
17 disposal rate is the result of the amOlmt of the jurisdiction's
18 disposal increasing faster than the jurisdiction's growth. The board
19 shall use this increase in the per capita disposal rate that is in excess
20 of the equivalent per capita disposal rate as a factor in determining
21 whether the board is required, pursuant to Section 41825, to more
22 closely examine a jurisdiction's program implementation efforts.
23 This examination may indicate that a jurisdiction is required to
24 expand existing programs or implement new programs, in
25 accordance with the procedures specified in Article 4 (commencing
26 with Section 41825) and in A.rticle 5 (commencing with Section
27 41850). i
28 (3) When reviewing the level of program implementation
29 pursuant to Sections 41825 and 41850, the board shall use, as a
30 factor in determining compliance with Section 41780, the amount
31 determined pursuant to subdivision (d) when comparing a
32 jurisdiction's per capita disposal rate in subsequent years.
33 (c) (1) Except as otherwise provided in this subdivision, for
34 purposes of this section, "per capita disposal" or "per capita
35 disposal rate" means the total annual disposal, in pounds, from a
36 jurisdiction divided by the total population in a jurisdiction, as
37 reported by the Department of Finance, divided by 365 days.
38 (2) (A) If a jurisdiction is predominated by commercial or
39 industrial activities and by solid waste generation from those
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sources, the board may alternatively calculate per capita disposal
to reflect those differing conditions.
(B) When making a calculation for ajurisdiction subject to this
4 paragraph, "per capita disposal" or "per capita disposal rate" means
5 the total annual disposal, in pounds, from a jurisdiction divided
6 by total industry employment in a jurisdiction, as reported by the
7 Employment Development Department, divided by 365 days.
8 (e) The board shall calculate the per capita disposal rate for a
9 jurisdiction subject to this paragraph using the level of industry
10 employment in a jurisdiction instead oftbe level of population in
1 I a jurisdiction.
12 (3) If tbe board determines that the method for calculating the
13 per capita disposal rate for a jurisdiction provided by paragraph
14 (I) or (2) does not accurately reflect that jurisdiction's disposal
15 reduction, the board may use an alternative method of calculating
16 the per capita disposal rate that more accurately reflects the
17 jurisdiction's efforts to divert solid waste.
18 (d) The board shall calculate the equivalent per capita disposal
19 rate for each jurisdiction as follows:
20 (1) Except as otherwise provided in this subdivision, the
21 equivalent per capita disposal rate for a jurisdiction shall be
22 determined using the method specified in this paragraph.
(A) The calculated generation tonnage for each year from 2003
24 to 2006, inclusive, shall be multiplied by 0.5 to yield the 50 percent
25 equivalent disposal total for each year.
26 (B) The 50 percent equivalent disposal total for each year shall
27 be multiplied by 2,000, divided by the population of the juris~iction
28 in that year, and then divided by 365 to yield the 50 percent
29 equivalent per capita disposal for each year.
30 (e) The four 50 percent equivalent per capita disposal amounts
from the years 2003 to 2006, inclusive, shal! 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 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 determines that the method for collecting the
equivalent per capita disposal rate for a jurisdiction pursuant to
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1 this subdivision does not accurately reflect a jurisdiction's per
2 capita disposal rate that would be equivalent to the amount required
3 to meet the 50 percent diversion requirements of Section 41780,
4 the board may use an alternative method for calculating the
5 equivalent per capita disposal rate that more accurately reflects
6 the jurisdiction's diversion efforts.
7 (4) The board shall modify the percentage used in paragraph
8 (1) to maintain the diversion requirements approved by the board
9 for a rural jurisdiction pursuant to Section 41787.
10 (5) The board may modify the years included in making a
11 calculation pursuant to this subdivision for an individual
12 jurisdiction to eliminate years in which the calculated generation
13 amount is shown not to be representative or accurate, based upon
14 a generation study completed in one of the four years 2003 to 2006,
15 inclusive. In these cases, the board shall not allow the use of an
16 additional year other than 2003, 2004, 2005, or 2006.
17 (6) The board may modify the method of calculating u1e
18 equivalent per capita disposal rate for an individual jurisdiction to
19 accommodate the incorporation of a new city, the formation of a
20 new regional agency, or changes in membership of an existing
21 regional agency. These modifications shall ensure that a new entity
22 has a new equivalent per capita disposal rate and that the existing
23 per capita disposal rate of an existing entity is adjusted to take into
24 account the disposal amounts lost by the creation of the new entity.
25 (7) The board shall not incorporate generation studies or new
26 base year calculation for a year commencing after 2006 into the
27 equivalent per capita disposal rate. "
28 (8) If the board determines that the equivalent per capita disposal
29 rate cannot accurately be determined for a jurisdiction, or that the
30 rate is no longer representative of a jurisdiction's waste stream,
31 the board shall evaluate trends in the jurisdiction's per capita
32 disposal to establish a revised equivalent per capita disposal rate
33 for that jurisdiction.
34 SEe. 9.
35 SEe. 8. Section 41783 of the Public Resources Code is
36 amended to read:
37 41783. (a) For a jurisdiction's source reduction and recycling
38 element submitted to the board after January 1, 1995, and on or
39 before January 1, 2009, the 50 percent diversion requirement
40 specified in paragraph (2) of subdivision (a) of Section 41780 may
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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,
ifhazardous wastes are present, the ash or residue is sent to a class
1 hazardous waste disposal facility.
(4) The 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 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. i
(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 Sectiorr41780 for each year commencing January
1, 2007, the board may reduce the per capita disposal rate for a
35 jurisdiction, as calculated pursuant to subdivision (d) 0 f Section
41780.05, by no more than 10 percent of the average of the
calculated per capita gerreration tonrrage amount that is subject to
transformation pursuant to this section.
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1 see. 10.
2 SEe. 9. Section 41820.6 of the Public Resources Code is
3 amended to read:
4 41820.6. (a) In addition to its authority under Section 41820,
5 the board may, after a public hearing, grant a time extension from
6 the requirements of Section 41780 to a city ifboth of the following
7 conditions exist:
8 (1) The city was incorporated pursuant to Division 3
9 (commencing with Section 56000) of Title 5 of the Government
10 Code on or after January 1,2001.
11 (2) The county within which the city is located did not include
12 provisions in its franchises that ensured that the now incorporated
13 area would comply with the requirements of Section 41780.
14 (b) The board may authorize a city that meets the requirements
15 of subdivision (a) to submit a source reduction and recycling
16 element that includes an implementation schedule that shows that
17 the city shall comply with the requirements of Section 41780,
18 within three years from the date on which the source reduction
19 and recycling element is due pursuant to subdivision (b) of Section
20 41791.5, through 'source reduction, recycling, and composting
21 activities.
22 SEe. 11.
23 SEe. 10. Section 41821 of the Public Resources Code is
24 amended to read:
25 41821. (a) (1) Each year following the board's approval ofa
26 jurisdiction's source reduction and recycling element, household
27 hazardous waste element, and nondisposal facility elenieht, the
28 jurisdiction shall submit a report to the board summarizing its
29 progress in reducing solid waste as required by Section 41780, in
30 accordance with the schedule set forth in this subdivision.
31 (2) The annual report shall be due on or before August 1 of the
32 year following board approval of the source reduction and recycling
33 element, the household hazardous waste element, and the
34 nondisposal facility element, and on or before August 1 in each
35 subsequent year. The information in this report shall encompass
36 the previous calendar year, January 1 to December 31, inclusive.
37 (b) Each jurisdiction's annual report to the board shall, at a
38 minimum, include the following:
39 (1) Calculations of annual disposal reduction.
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1 (2) A summary of progress made in implementing the source
2 reduction and recycling element and the household hazardous
3 waste element.
4 (3) An update of the jurisdiction's source reduction and
5 recycling eLement and household hazardous waste element to
6 include any new or expanded programs the jurisdiction has
7 implemented or plans to implement.
8 (4) An update of the jurisdiction's nondisposal facility element
9 to reflect any new or expanded nondisposal tacilities the
10 jurisdiction is using or planning to use.
11 (5) A summary of progress made in diversion of construction
12 and demolition of waste material, including information on
13 programs and ordinances implemented by the local govermnent
14 and quantitative data, where available.
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(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
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 ot~ solid waste disposed by
the jurisdiction, including, but not limited to, either Pf the
following:
(A) Whether the jurisdiction hosts a solid waste facility or
regional diversion facility.
(B) The effects of selt~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 tactors that
affect the amount of waste that is disposed.
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(6) Other information that describes the good faith efforts of
the jurisdiction to comply with Section 41780.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
5 source reduction and recycling element needs to be revised or
6 updated.
7 (e) (1) The board shall adopt procedures for requiring additional
8 information in a jurisdiction's annual report. The procedures shall
9 require the board to notifY a jurisdiction of any additional required
10 information no later than 120 days after the board receives the
11 report from the jurisdiction.
12 (2) Paragraph (l) does not prohibit the board from making
13 additional requests for information in a timely manner. A
14 jurisdiction receiving a request for information shall respond in a
15 timely manner.
16 (3) If the schedule for the submission of an annual report by a
17 jurisdiction does not correspond with the scheduled review by the
18 board specified in subdivision (a) of Section 41825, the board shall
19 utilize the information contained in the annual report only to assist
20 the board in providing technical assistance and informally
21 reviewing the jurisdiction's diversion program implementation.
22 The board is not required to otherwise review the annual report
23 for those years that are in addition to the review required by
24 subdivision (a) of Section 41825.
25 (f) The board shall adopt procedures for conferring with a
26 jurisdiction regarding the implementation of its diversion programs.
27 (g) Notwithstanding the Uniform Electronic TransactiClhs Act
28 (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division
29 3 of the Civil Code), a jurisdiction shall submit the progress report
30 required by this section to the board electronically, using the
31 board's electronic reporting format system.
32 (h) Notwithstanding the reporting schedule required by this
33 section, and in addition to the review required by Section 41825,
34 the board shall visit each jurisdiction not less than once each year
35 to monitor the jurisdict:ons', jurisdiction's implementation and
36 maintenance of its diversion programs.
see. 12.
SEe. 11. The heading of Article 4 (commencing with Section
41825) of Chapter 7 of Part 2 of Division 30 of the Public
Resources Code is amended to read:
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1 Article 4. Review and Compliance Orders
2
3 SEe. 1~.
4 SEe. 12. Section 41825 of the Public Resources Code 1S
5 repealed.
6 SEC. 14.
7 SEe. 13. Section 41825 is added to the Public Resources Code,
8 to read:
9 41825. ( a) The board shall make a finding whether each
10 jurisdiction was in compliance with Section 41780 for calendar
11 year 2006 and shall review a jurisdiction's compliance with Section
12 41780 in accordance with the following schedule:
13 (1) If the board makes a finding that the jurisdiction was in
14 compliance with Section 41780 for calendar year 2006, the board
15 shall review, commencing January 1,2012, and at least once every
16 four years thereafter, whether the jurisdiction has made a good
17 faith effort to implement its source reduction and recycling element
18 and household hazardous waste element.
19 (2) If the board makes a finding that the jurisdiction did not
20 meet the requirements of Section 41780 for calendar year 2006 or
21 for any other subsequent calendar year, but made a good faith
22 effort to implement its source reduction and recycling element and
23 household hazardous waste element, the board shall review,
24 commencing January 1,2010, and at least once every two years
25 thereafter, whether the jurisdiction has made a good faith effort to
26 implement its source reduction and recycling element and
27 household hazardous waste element. :
28 (3) Ifthe board makes a finding that the jurisdiction was not in
29 compliance with Section 41780 for calendar year 2006 or for any
30 subsequent calender year, the board shall review, commencing
31 January 1, 2010, and at least once every two years thereafter,
32 whether the jurisdiction has made a good faith effort to implement
33 its source reduction and recycling element and household hazardous
34 waste element.
35 (4) If, after determining that a jurisdiction is not in compliance
36 with Section 41780 and is subject to paragraph (2) or (3), the board
37 subsequently determines that the jurisdiction has come into
38 compliance with Section 41780, the board shall review, at least
39 once every four years, whether the jurisdiction has made a good
40 faith effort to implement its source reduction and recycling element
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I and household hazardous waste in the same manner as a jurisdiction
2 that is subject to paragraph (1).
3 (b) In addition to the requirements of subdivision (a), the board
4 may review whether a jurisdiction is in compliance with Section
5 41780 in accordance with the requirements of this section at any
6 time that the board receives information that indicates the
7 jurisdiction may not be making a good faith effort to implement
8 its source reduction and recycling element and household hazardous
9 waste element.
10 (c) (1) Before issuing a compliance order pursuant to
II subdivision (d), the board shall confer with the jurisdiction
12 regarding conditions relating to the proposed order of compliance,
13 with a first meeting occurring not less than 60 days before issuing
14 a notice of intent to issue an order of compliance.
15 (2) The board shall issue a notice of intent to issue an order of
16 compliance not less than 30 days before the board holds a hearing
17 to issue the notice of compliance. The notice of intent shall specify
18 all of the following:
19 (A) The proposed basis for issuing an order of compliance.
20 (B) The proposed actions the board recommends are necessary
21 for the jurisdiction to complete to implement its source reduction
22 and recycling element or household hazardous waste element.
23 (C) The proposed recommendations to the board.
24 (3) The board shall consider any information provided pursuant
25 to subdivision (c) of Section 41821 if the proposed issuance of an
26 order of compliance involves changes to ajurisdiction's calculation
27 of annual disposal. >'
28 (d) (1) If, after holding a public hearing, which, to the extent
29 possible, shall be held in the local or regional agency'sjurisdiction,
30 the board finds that a jurisdiction has failed to make a good faith
31 effort to implement its source reduction and recycling element or
32 its household hazardous waste element, the board shall issue an
33 order of compliance with a specific schedule for achieving
34 compliance.
35 (2) The compliance order shall include those conditions that the
36 board determines to be necessary for the jurisdiction to imp lement
37 its diversion programs.
38 (3) In addition to considering the good faith efforts of a
39 jurisdiction, as specified in subdivision (e), to implement a
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I diversion program, the board shall consider all of the following
2 factors in detennining whether or not to issue a compliance order:
3 (A) The rural nature of the jurisdiction.
4 (B) Whether an exceptional growth rate may have affected
5 compliance.
6 (C) Other information that the jurisdiction may provide that
7 indicates the effectiveness of the jurisdiction's programs, such as
8 disposal characterization studies or other jurisdiction specific
9 information.
10 (e) For purposes of making a determination pursuant to this
II section whether a jurisdiction has failed to make a good faith effort
12 to implement its source reduction and recycling element or its
13 household hazardous waste element, the board shall consider all
14 of the following criteria:
15 (1) For the purposes of this section, "good faith effort" means
16 all reasonable and feasible efforts by a jurisdiction to implement
[7 those programs or activities identified in its source reduction and
18 recycling element or household hazardous waste element, or
19 alternative programs or activities that achieve the same or similar
20 results.
21 (2) For purposes of this section. "good faith effort" may also
22 include the evaluation by a jurisdiction of improved technology
23 for the handling and management of solid waste that would reduce
24 costs, improve efficiency in the collection, processing, or marketing
25 of recyclable materials or yard waste, and enhance the ability of
26 the jurisdiction to adequately address all sources of significant
27 disposal, the submission by the jurisdiction of a cOn1p1iance
28 schedule, and the undertakers of all other reasonable and feasible
29 efforts to implement the programs identified in the jurisdiction's
30 source reduction and recycling element or household hazardous
31 waste element.
32 (3) In determining whether a jurisdiction has made a good faith
33 effort, the board shall consider the enforcement criteria included
34 in its enforcement policy, as adopted on April 25, 1995, or as
35 subsequently amended.
36 (4) The board shall consider all of the following when
37 considering whether a jurisdiction has made a good faith effort to
38 implement its source reduction and recycling element or its
39 household hazardous waste element:
40 (A) Natural disasters.
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(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 tmpact 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 concerning whether construction and demolition waste
material is at least a moderately significant portion of the waste
stream, and, if so, whether the locat 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 !Vis section, the board may consider
a jurisdiction's per capita disposal rate as a factor in determining
whether the jurisdiction adequately implemented its diversion
programs. The board shall not consider a jurisdiction's per capita
disposal rate to be determinative as to whether the jurisdiction has
made a good faith etTort to implement its source reduction and
recycling element or its household hazardous waste element.
SEe. 15.
SEe. 14. The heading of Article 5 (commencing with Section
41850) of Chapter 7 of Part 2 of Division 30 of the Public
Resources Code is amended to read:
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SB 1016
1 Article 5. Enforcement and Penalties
2
3 SEC. [6. Section 41850 of the rlthlic Resources Code is
4 amended to rcad:
5 41850. (a) Except as specifically pro,ided i., SeUion 418)],
6 if; aftcr holding the public hearing and is3tling ad ordcr of
7 cOILpliance pursuant to Section 41825, the board finds that the
8 j urisdicti0n has failed :0 make a geed faith effort to impkmcr.t its
9 SOttIee reduction and reG} cling c!et..cflt or its household hazardotls
10 ,;aste clemcat, the heald may rn.pese adminisfiati ,e cr. il penalties
11 uper, the city or county Of, pursuant to Section 409'74, upon tLe
12 city or COttnly as a n.eli'lBcr of a regional agene), of up to ten
13 thousand 0011.1" ($10,000) Fr day until the jeIrisdictiot. implements
14 the dement.
15 (b) In dctc,tl;;ning ..hethel or not tv impose any pCMltics, 01
16 in elctcn"init,g the amount of all) penalties imposed ,mdel this
17 section, including any pcnalties imposed dlte to the exdmiofl of
18 so:id.. aste ptll3U3nt to Section 41 '781.2 (Lat results in a rcduet:ofl
19 it. tte quafltity" of solid .iustc di..erted by aj,tfisdieL6I" the board
20 shall comidel "hctber thc city, count}, or legioual agel,C}
21 jtl:fisdietion has wade a good faith dfert to in,plcmcnt its S6tlrCe
22 ledtletion aHd recycling clement or its hvltsd,eld ::,azardoU3 ,caste
23 clement. 11, additior" the beard shall cOflsidel oul} thosc rcleiant
24 eircttmstances th"t ha ie prc iented a j ttlisdiction fr on, mectin; the
25 rcquirclTlCflts of this ill ,i3iofl, itlcltlding, but not limited to, tbe
26 factors dcsclibcd in 3Ubdi";isions (d) and (e) o;'Seetic)fl 41825.
27 SEe. 15. Section 41850 of the Public Resourcesc.bde is
28 amended to read:
29 41850. (a) Except as specifically previded in Section 41813,
30 if, after holding the pnblic hearing and issuing an order of
31 cempliance pursuant to Section 41825, the board finds that the
32 city", counl], vr rcgior,al agcncy jurisdiction has failed to make a
33 good faith effort to implement its source reduction and recycling
34 element ()[ its household hazardous waste element, the board may
35 impose administrative civil penalties upon the city or county or,
36 pursuant to Section 40974, upon the city or county as a member
37 ef a regional agency, of up to ten thousand dellars ($10,000) per
38 day until the city, COUllty, 01 rcgiol,al agency jurisdiction
39 implements the element.
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I (b) In determining whether or not to impose any penalties, or
2 in determining the amount of any penalties imposed under this
3 section, including any penalties imposed due to the exclusion of
4 solid waste pursuant to Section 41781.2 that results in a reduction
5 in the quantity of solid waste diverted by a eil), county', or regiofial
6 agcficy jurisdiction, the board shall consider whether the
7 jurisdiction has made a good faith effort to implement its source
8 reduction and recycling element or its household hazardous waste
9 element In addition, the board shall consider only those relevant
10 circumstances that have prevented a eil)', eawI), or fcgiofial
II agcncyjurisdiction from meeting the requirements ofthis division,
12 including the cli.cniofi requllet.1entJ 6fparagrapl13 (1) and (2) 6f
13 subdiiision (a) of Seeti6n41780, including, but not limited to,-aH
14 ofn,e f611o,iing. the factors described in subdivisions (d) and (e)
15 of Section 41825.
16 (1) ~;atural disasters.
17 (2) Dtldgetary cor,diti6fi3 ,iithill a cit"y, "6Ullty, or rcgional
18 agene} that eatlld not be remcdied b} the irflpositian Of adjmtme"t
19 of SGlid "aste fees.
20 (~) \Y6Ik ,toppages that directly pre,ent a elti, counti, or
21 regional age"e} frOM implc1,ler,ting it3 source rcdtletioll and
22 r,ej"cling clewent or hOU3ehold hazardoU3 "aste cleltlerl!.
23 (4) 111e iIdpaet of tl,e failttlc of federal, state, frllcl ather la~al
24 ager.eic, located ,~,ittir. the juri,dietion t5 ll1)'lle.ueIA 30trIee
25 reduction and ree/cling j'lI6g,aInS in the jtl,isdi~tioh Oll the l,a3t
26 jurisdiction's abilit} to n,ect tIle rquiren,cI,t3 afparagraph (2) of
27 3ubdi,isien (a) of Section 41780. "
28 (c) In addition to thc factors ,pecified in sclbdi i;3ion (5), the
29 bofrrdshatt eou,ider at: ofthc fOUo",I.g:
30 (I) Tte exter,; to "hich a eit}, eaclrit/, 0, regional agency ha3
31 implemented additial.al sOUIce reddeti611, Icejeling, and
32 eGIL1po3ting acti,itie3 te campI} "ith the d;icni6n rcquircIde,}ts
33 ofparagraph3 (1) and (2) of3ubd;,i3ior, (a) ofSecti6l141780.
34 (2) 11,e extcr,t to "hieh a city, eoune-y, or r,gier,al agerle} is
35 meetiI,g the diieI3i0n requirement, af pa.agraphs (1) and (2) of
36 stlodiii,ien (a) of Section 41780.
37 (3) '",'hether the j tlIisdietior, ha3 req,leskd and oe,n grallted an
38 cxtd.t3~0n t6 ~hc Icqt.in:lJ.1Cllts GfScction 41780, pUUtlfrlrt ~0 SC...tiOlJ.
39 41820, or an alte'flati,c rcqtlire.ncnt t6 SeetiGn 41780, purstlal'lt
40 to SectioIl ~ 1785.
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1 (4) ',Yhethcr a localjtlli3dieti6n has pro,ided infennation to the
2 board eOhe~ming ~hctha <omt! uction and demolition "a3te
3 n,aterial is at least a moderately ,ignifiefrllt portion of the v,aste
4 stream, and, if so, "bether the local jurisclietion ha3 adopted an
5 ordinance for di. enion of construction frlld den,uiition "aste
6 wateria13 fI,,,,, solid .,ast, disposal facilit_s, has ad"ptccl a model
7 Gfdinfrllc, p~sl:raItt to 3Ubdi,~ision (a) of Section 42912 fOf
8 di.ersion of comtl"lKtiea and dcme!;tien "aste materials fi61,1
9 solid "aste disposal facilities, or has implemented aoothn prograr.l
10 to en00urage or r("iuffe cli.ersiofi of constmetioa and dcuwlit,m
II "a3te materials Lorn solid" "ste disp6sal facilities.
12 (d) (I) fer the parp030S of this 3ectiGh, "good faith effort"
13 mefrllS all rea30nable and fea3ible efforts 10 j a clrj, counrj, or
14 rogional agEnE) to ij'r1pLment tho"e programs or adi,itiu
15 ide'1tifkd ir, it3 source led"eti"" a,rd recycling dcn,cnt Of
16 homeho:cl ha:z:ardous >,~aste clement, or altemati;e programs or
17 acti. ities that aehie. c the sa1,,':: or similar re3ult3.
18 (2) for purposcs of this section "gaod faith effort" 1nay. a130
19 indtldc the c ialuation b) a city, COUfity, ar regional agency of
20 i1apro ;ed tcchnology for th.:: handling and waaagcmcnt of solid
21 '"aste that Nauld leduc.:: e03ts, impro .~e effie:cuey in thc eol!cetior"
22 processing, or marketing of lccyclab!c raatClia13 or yard ".astc,
23 and cn:hB:tlCe the ability of the citY, county, 01 regional ag([,.;:) to
24 meet the di.Trsion requiremcftts of paragrap!,s (I) alid (2) Gf
25 3tlbdi,ision (a) of Scetion 41780, pro ,ideA that the city, county,
26 Of regional a!Senc] has sllbulittcd a cOflipliarice seheduk pl:lI3Uallt
27 to Sectian 41825, andl,as n,ade all other r~c,sonabk and tloa,:blc
28 efforts to implc1,1el.j tl,c program3 identified in its source reduction
29 and ree) eli],g clewent or hom.::held hazard0lls .. aste clemcnt.
30 (3) 11, dctelll,iaing ...),ethe! ajtllisd;etioll 1,a3 made a good faith
31 effort, tl.c board shall e6mider tk e,liore_weht ctitcria iriellldcd
32 in its cnferc'::Mcnt policy, as adopted on April 25, 1995, or as
33 3ubse"iuentlj amcnclcd.
34 SIT 17.
35 SEe. 16. Section 42921 of the Public Resources Code is
36 amended to read:
37 42921. (a) Each state agency and each large state facility shall
38 divert at least 25 percent of an solid waste generated by the state
39 agency by January I, 2002, through source reduction, recycling,
40 and compo sting activities.
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(b) On and after January 1,2004, each state agency and each
large state facility shall divert at least 50 percent of all solid waste
through source reduction, recycling, and composting activities.
SEC. 18.
SEe. 17. Section 42921.5 is added to the Public Resources
Code, to read:
42921.5. (a) On and after January I, 2009, the board shall
determine each state agency's or a large state facility's compliance
with Section 42921, for each year commencing with January I,
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 I, 2007, as calculated pursuant to
subdivision (d).
(b) In making a detennination whether a state agency or large
state facility is in compliance with the requirements of Section
42921, the board 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 shall not consider a state,
agency, or large state facility's per capita disposal rate to be
determinative when considering whether the agency's 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 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 age,/lcy or
large state facility. The board shall use an increase L\1. the per capita
disposal rate that is in excess of the equivalent per capita disposal
rate as a factor in determining whether the board is required to
more closely examine the agency's or facility's plan
implementation efforts. If indicated by this exaJ:Jlli,ation, the board
may require a state agency or large state facility to expand existing
34 programs or implement new programs.
(d) (I) 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.
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1 (2) The board may alternatively define per capita disposal or
2 per capita disposal rate for a state agency or large state facility that
3 has a significant amount of disposal from nonemployees or for
4 other reasons that would make calculation of per capita disposal
5 by the number of employees inaccurate.
6 SIT 19.
7 SEe. 18. Section 42926 of the Public Resources Code is
8 amended to read:
9 42926. (a) In addition to the information provided to the board
10 pursuant to Section 12167.1 of the Public Contract Code, each
II state agency shall submit an annual report to the board summarizing
12 its progress in reducing solid waste as required by Section 4292l.
13 The annual report shall be due on or before September 1, 2009,
14 and on or before September I in each subsequent year. The
15 information in this report shall encompass the previous calendar
16 year.
17 (b) Each state agency's annual report to the board shall, at a
18 minimum, include all of the following:
19 (1) Calculations of annual disposal reduction.
20 (2) Information on the changes in waste generated or disposed
21 of due to increases or decreases in employees, economics, or other
22 factors.
23 (3) A summary of progress made in implementing the integrated
24 waste management plan.
25 (4) The extent to which the state agency intends to utilize
26 programs or facilities established by the local agency for the
27 handling, diversion, and disposal of solid waste. Ifthe state ~gency
28 does not intend to utilize those established programs or facilities,
29 the state agency shall identify sufficient disposal capacity for solid
30 waste that is not source reduced, recycled, or composted.
31 (5) Other information relevant to compliance with Section
32 4292l.
33 (c) The board shall use, but is not limited to the use of, the
34 annual report in the determination of whether the agency's
35 integrated waste management plan needs to be revised.
36 SEe. 20.
37 SEe. 19. Section 42927 is added to the Public Resources Code,
38 to read:
39 42927. (a) Notwithstanding Section 12167 of the Public
40 Contract Code, a community college district shall expend the
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1
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revenues derived from the sale of recyclable materials 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.
(e) A community college district shall expend the revenues and
cost savings specified in subdivisions (a) and (b) to offset recycling
program costs incurred pursuant to this chapter from the initial
date when the community college district became subject to this
chapter.
(d) A community college district shall provide information on
the quantities of recyclable materials collected for recycling at
least annually to the board, according to a schedule determined by
the board and the district.
SEe. 21.
SEe. 20. No reimbursement is required by this act pursuant to
Section 6 of Article XlIIB ofthe 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 or because the act provides
for offsetting savings to local agencies or school districts that result
in no net costs to the local agencies or school districts, within the
meaning of Section 17556 of the Government Code.
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING SB 1016 (WIGGINS),
REGARDING COiVIPLlA1'-1CE WITH THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT ACT
WHEREAS, California's Integrated Waste Management Act of 1989 (AB 939) provided a
measurement system to determine whether cities and counties were diverting acceptable amounts of
waste from landfills; and
WHEREAS, the system adopted in 1989 has proven to be cumbersome, misleading and
filled with time-consuming calculations that do not reflect the goals of AB 939; and
WHEREAS, SB 1016 (Wiggins) will implement a system that should increase the
timeliness and accuracy of the information reported by focusing on a 'per capita disposal rate' as
well as the programs implemented at a local level to reduce that disposal rate; and
WHEREAS, Chula Vista has established itself as a leader in promoting waste reduction,
re-use and recycling.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
supports SB 1016 (Wiggins), statutes of2008..
,
BE IT FURTHER RESOLVED that the City's support for this measure will be
communicated to the City's legislative delegation in Sacramento, as well as to the League of
California Cities.
Presented by
Approved as to fom1 by
David R. Garcia
City Manager
, ~J /) j1 ~ I
"". avA:'-J L"L/tA,C<2_-0l~' rf"'--
Bart C. Miesfeld
Interim City Attorney
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