Diversion and Market Development
S.B. 1066 (Sher) (Chapter 672)
Senate Bill 1066 makes the following changes to the California Integrated Waste Management Act of 1989, administered by the California Integrated Waste Management Board.
Extension of the year 2000 diversion mandate
Existing law establishes an integrated waste management program under which each city and county is required to develop a source reduction and recycling element. This element must show how the city or county will divert 50% of all solid waste from landfill or transformation facilities by January 1, 2000 through source reduction, recycling and composting activities.
Previously, the Board was authorized to grant a one-year time extension from these diversion requirements under certain conditions. Senate Bill 1066 authorizes the Board to grant one or more single or multiyear time extensions from the diversion requirements if the city, county or regional agency satisfies certain conditions. However, no multiyear extension may exceed three years and, in total, extensions may not exceed five years. Under no circumstances may extensions be granted for any period after January 1, 2006. Pub. Res. Code § 41820(a).
Similarly, under existing law, the Board can approve an alternative diversion requirement (i.e., different from the 50% diversion mandate) for cities and counties under certain conditions. Senate Bill 1066 states, however, that no alternative diversion requirement may be granted for more than three years and, if another alternative requirement is granted, that their combined effect may not exceed five years. As with extensions, no such alternative requirements may be granted for any period after January 1, 2006. Pub. Res. Code § 41785(a), (f).
Among other things, in order for a jurisdiction to obtain an extension of the diversion requirement or imposition of an alternative requirement, the jurisdiction must be making "good faith" efforts to implement source reduction, recycling and composting measures. Pub. Res. Code §§ 41785(a) and (e) and 41820(a)(6)(A).
Market development programs
Under existing law, the Board must develop a comprehensive market development plan using existing resources that will stimulate market demand in the State for postconsumer waste materials and secondary waste material generated in the State.
The new legislation requires the market development plan to include efforts to encourage and promote cooperative, regional programs to expand markets for recycled material, including activities to address problems and opportunities that are unique to rural, urban and suburban areas of the State. The Board must develop a plan to provide assistance to local agencies in the implementation of cost-effective programs that provide a quality supply of recycled materials for markets. Pub. Res. Code § 42005(c), (d).
Finally, Senate Bill 1066 authorizes the Board, along with the Trade and Commerce Agency, and the State Treasurer, to coordinate activities that will leverage financing for market development projects and encourage joint activities to strengthen markets for recycled materials and to develop a program to increase the use of compost products in agricultural applications. Pub. Res. Code §§ 42024, 42241.5.
Other Legislation of Interest--Cleaning Up Farm and Ranch Property
In order to encourage local governments to work proactively towards solutions to illegal rural dumping, Senate Bill 1330 (Ch. 875) establishes an account for making grants available to cities and counties to clean up or abate illegally dumped solid waste on these rural sites. The Integrated Waste Management Board must establish a grant program by January 1, 1999 in order to make the moneys available.
The Board must promulgate grant eligibility criteria and a review process. A farm or ranch property owner may seek reimbursement for cleanup or abatement costs under the grant program, unless the property owner has been determined by the city or county to be responsible for the illegal disposal. When a farm or ranch owner applies to a city or county for a grant, the local enforcement agency must stay any pending fine or abatement order, upon the request of the owner, if the local agency has determined that the property owner is not responsible for the illegal dumping; or if the owner has filed a written appeal of the local agency's decision to the Board and the Board's decision is pending.