History of California Solid Waste Law

2020

Statutes of 2020

AB 107 (Committee on Budget, Chapter 264, Statutes of 2020) State government. Among other statutory changes related to state administration, changed the frequency of reporting to the Legislature on the status of the Beverage Container Recycling Fund from every three months to every six months.

AB 793 (Ting & Irwin, Chapter 115, Statutes of 2020) Recycling: plastic beverage containers: minimum recycled content. Required beverage manufacturers to utilize minimum percentages of post-consumer recycled plastic (minimum recycled content) for all plastic beverage containers subject to the California Refund Value (CRV). The minimum recycled content requirement will increase from 15 percent on January 1, 2022, to 25 percent on January 1, 2025, to 50 percent on January 1, 2030.

AB 2287 (Eggman, Chapter 281, Statutes of 2020) Solid waste: plastic products: certification. (1) Updated the plastic labeling statute to conform with current standards for compostability and degradability; (2) Provided authority to CalRecycle to issue guidelines and adopt standards for labeling of plastic products; (3) Extended the due date of the recommendations from the Statewide Commission on Recycling Markets and Curbside Recycling from January to July 2021; (4) Exempted parks, as defined, from providing recycling and organic waste bins to customers until January 1, 2022.

AB 3163 (Salas, Chapter 358, Statutes of 2020) Energy: biomethane: procurement. Expanded the definition of biomethane to include the gas derived from the noncombustion thermal conversion of certain feedstock for purposes of gas utility biomethane procurement targets.

2019 | 2018 | 2017 | 2016 | 2015

Statutes of 2019

AB 54 (Ting, Chapter 793, Statutes of 2019) The California Beverage Container Recycling and Litter Reduction Act. (1) Temporarily exempted beverage dealers, based on certain factors, from requirements in the Beverage Container Recycling Program (BCRP); (2) authorized $5 million from the Beverage Container Recycling Fund (Fund), based on certain factors, for supplemental payments to recycling centers; and, (3) extended the sunset, increased flexibility, and provided funding for the Beverage Container Recycling Pilot Program.

AB 187 (Garcia, C., Chapter 673, Statutes of 2019) Used Mattress Recovery and Recycling Act. (1) Required the mattress recycling organization (MRO) to limit its reserve fund; (2) required CalRecycle to establish goals and metrics for consumer convenience and retailer access to the mattress recycling program; (3) established a contingency plan to address a situation in which the MRO’s stewardship plan expires, is disapproved, or is revoked; and, (4) aligned various other provisions in the mattress recycling program with other Extended Producer Responsibility (EPR) programs administered by CalRecycle.

AB 729 (Chu, Chapter 680, Statutes of 2019) Carpet recycling: carpet stewardship. (1) Required a carpet stewardship organization to include a contingency plan in a stewardship plan submitted to CalRecycle; (2) required the stewardship organization to impose differential assessments on carpet based on material type; and, (3) increased the civil penalty for violations from $1,000 to $5,000.

AB 815 (Aguiar-Curry, Chapter 182, Statutes of 2019) Integrated waste management plans: source reduction and recycling element and household hazardous waste element: dual stream recycling programs. Specified that CalRecycle will consider whether a jurisdiction has adopted a dual-stream collection system when determining if the jurisdiction has made a good faith effort to implement its source reduction and recycling element (SRRE).

AB 827 (McCarty, Chapter 441, Statutes of 2019) Solid waste: commercial and organic waste: recycling bins. (1) Required commercial waste and organic waste generators, as defined by the Integrated Waste Management Act, to provide recycling and organic waste bins to customers; (2) provided an exemption from these requirements to full-service restaurants; and, (3) required CalRecycle to develop model signage by July 1, 2020.

AB 1583 (Eggman, Chapter 793, Statutes of 2019) The California Recycling Market Development Act. (1) Extended the sunset on the Recycling Market Development Zone (RMDZ) Loan Program; (2) extended the sunset on the Sales and Use Tax Exclusion Program within the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA); (3) removed certain labeling requirements for rigid plastic bottles and plastic containers sold in California; and, (4) directed CalRecycle to convene a Statewide Commission on Recycling Markets and Curbside Recycling.

Statutes of 2018

SB 212 (Jackson, Chapter 1004, Statutes of 2018) Solid waste: pharmaceutical and sharp waste stewardship. Established an Extended Producer Responsibility (EPR) program for home-generated pharmaceutical drugs and sharps waste within CalRecycle.

SB 720 (Allen, Chapter 374, Statutes of 2018) Environmental Education: Environmental Principles and Concepts. (1) Stated the intent of the Legislature that environmental literacy constitutes an important curriculum content area; (2) provided strategies for the Superintendent of Public Instruction to improve statewide environmental literacy; and, (3) clarified the process for the Office of Education and the Environment, within CalRecycle, to update the Environmental Principles and Concepts.

SB 1335 (Allen, Chapter 610, Statutes of 2018) Solid waste: food service packaging: state agencies, facilities, and property. (1) Beginning January 1, 2021, prohibited a food service facility, located within a state-owned facility, from dispensing prepared, ready-to-eat food or beverages that are not packaged in a reusable, recyclable, or compostable manner, as prescribed by CalRecycle; (2) Required CalRecycle to adopt regulations to determine allowable food service packaging and publish a list of approved food service packaging within 90 days of adopting the regulations.

AB 1933 (Maienschein, Chapter 808, Statutes of 2018) Greenhouse Gas Reduction Fund: recycling infrastructure projects. Specified the following activities are eligible for Greenhouse Gas Reduction Fund moneys from CalRecycle: (1) food recovery and food waste prevention activities; (2) expansions of facilities that process recyclable materials; and, (3) projects that improve the quality of recycled materials.

AB 2411 (McCarty, Chapter 238, Statutes of 2018) Solid waste: use of compost: planning. (1) Required CalRecycle to develop and implement a plan, by December 31, 2019, to maximize the use of compost for specified purposes as part of debris removal services following a fire; and, (2) required CalRecycle to coordinate with the Department of Transportation (Caltrans) to identify best practices of the cost-effective use of compost along roadways and develop an implementation plan for Caltrans’ 12 districts.

AB 2493 (Bloom, Chapter 715, Statutes of 2018) Beverage container recycling: recycling centers and payments. Authorized CalRecycle to issue payments electronically within the California Beverage Container Recycling Program and altered operational and payment requirements for recycling centers that utilize reverse vending machines (RVMs) or other unmanned automated equipment.

AB 2832 (Dahle, Chapter 822, Statutes of 2018) Recycling and reuse: lithium-ion batteries. (1) Required the Secretary of the California Environmental Protection Agency to convene the Lithium-Ion Car Battery Recycling Advisory Group by April 1, 2019; (2) required the Advisory Group to contain at least one member representing CalRecycle; and (3) required the Advisory Group to submit policy recommendations to the Legislature, by April 1, 2022, on methods to maximize the reuse or recycling of lithium-ion vehicle batteries in a safe and cost-effective manner.

Statutes of 2017

SB 458 (Wiener, Chapter 648, Statutes of 2017) Beverage container recycling: pilot projects. Authorized CalRecycle to approve up to five pilot projects, proposed by local governments, with the intent of providing convenient beverage container redemption opportunities in unserved convenience zones.

AB 906 (Bloom, Chapter 823, Statutes of 2017) Beverage containers: polyethylene terephthalate. Clarified the chemical composition and melting point of polyethylene terephthalate (PET) to exclude certain derivatives, such as polyethylene terephthalate monoethylene glycol (PETG) from being included in the same Resin Identification Code.

AB 1294 (Berman, Chapter 664, Statutes of 2017) Solid waste: plastic products. Removed the sunset date on the law that requires plastic food container manufacturers, who claim their product contains recycled content, to maintain specified records in support of that claim.

Statutes of 2016

AB 1005 (Gordon, Chapter 442, Statutes of 2016). California Beverage Container Recycling and Litter Reduction Act: Market Development Payments. Extends the sunset date for the Plastic Market Development Payment program from January 1, 2017 to January 1, 2018. The Plastic Market Development Program expends up to $10 million annually in market development payments to specified entities that process and/or manufacture new products from used plastic beverage containers.

AB 1103 (Dodd, Chapter 443, Statutes of 2016) Solid Waste Disposal: Self-Haulers. Requires CalRecycle to define a self-hauler through regulations and require self-haulers to submit periodic information to CalRecycle on the types, quantities, and destinations of materials that are disposed of, sold, or transferred.

AB 1419 (Eggman, Chapter 445, Statutes of 2016) Hazardous Waste: Cathode Ray Tube Glass. (1) Changes statutory definitions of cathode ray tube components; (2) states CRT panel glass exceeding specified concentration levels for barium is not a hazardous waste if certain criteria are met; (3) establishes specific end-uses for CRT panel glass that is recycled and meets certain criteria, and; (4) provides the Department of Toxic Substances Control authority to prohibit any of the end-uses listed in the bill if those uses are subsequently determined to pose environmental or public harm.

AB 1613 (Committee on Budget, Chapter 370, Statutes of 2016) Budget Act of 2016. (1) Appropriates $40 million from the Greenhouse Gas Reduction Fund (GGRF) to the Department of Resources Recycling and Recovery for Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs; (2) specifies that no more than five percent of the appropriated funds shall be used for administrative costs; (3) conditions the appropriations to CalRecycle and the California Department of Food and Agriculture on the enactment of SB 1383 (Lara).

AB 1669 (Hernandez, Chapter 874, Statutes of 2016) Displaced Employees: Service Contracts: Collection and Transportation of Solid Waste. Extends the existing 10 percent bid preference for public transit contractors who agree to retain employees from a prior contractor or subcontractor for at least 90 days to include contracts for the collection and transportation of solid waste.

AB 1817 (Stone, Chapter 21, Statutes of 2016) Solid Waste: Garbage and Refuse Disposal Districts: Board of Directors. Aligns the cap on compensation for members of the Monterey Regional Waste Management District’s board of directors to a level commensurate with boards for other garbage and disposal special districts.

AB 1858 (Santiago, Chapter 449, Statutes of 2016) Automobile Dismantling: Task Force. Requires the Department of Motor Vehicles to collaborate with the State Board of Equalization, the California Environmental Protection Agency and various departments under its umbrella, including CalRecycle, to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling.

AB 2153 (Garcia, Chapter 666, Statutes of 2016) The Lead-Acid Battery Recycling Act of 2016. Creates numerous requirements related to lead-acid batteries. Among the major provisions, the bill: (1) starting in April 2017 places a $1 fee on consumers and a $1 fee on manufacturers for the sale of a lead-acid battery; (2) starting in 2022 increases the consumer fee to $2 and eliminates the manufacturers’ fee responsibility; (3) creates the Lead-Acid Battery Cleanup Fund, to be used by DTSC for clean-up costs associated with lead-acid battery contamination, including the repayment of a general fund loan for cleanup costs associated with Exide’s battery recycling facility in Vernon; (4) requires dealers to charge a consumer a refundable deposit on the sale of new lead-acid batteries if a used lead-acid battery is not returned by the consumer at the time of sale; (5) allows dealers to keep the deposit if a consumer fails to return a used lead-acid battery within 45 days; (6) credits manufacturers the amount that they have paid into the Lead-Acid Battery Cleanup Fund against future liability judgements; 7) authorizes a loan of $1.2 million from the California Tire Recycling Management Fund to the Board of Equalization (board) for fee collection costs and requires repayment of the loan by October 1, 2017.

AB 2396 (McCarty, Chapter 446, Statutes of 2016) Solid Waste: Annual Reports. Clarifies that state agencies must submit a summary of compliance with AB 341 (Chesbro, Chapter 476 Statutes of 2011) and AB 1826 (Chesbro, Chapter 727, Statutes of 2014) as part of their existing annual report to CalRecycle pursuant to Public Resources Code Section 41821.

AB 2511 (Levine, Chapter 331, Statutes of 2016) Fertilizing Materials: Auxiliary Soil and Plant Substances: Biochar. Defines biochar as an auxiliary soil and plant substance that is the byproduct of thermochemical conversion of biomass.

AB 2530 (Gordon, Chapter 861, Statutes of 2016) Recycling: Beverage Containers. Require a manufacturer of plastic beverage containers subject to the California Redemption Value to report to CalRecycle the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic CRV-eligible beverages sold in the state the previous calendar year.

AB 2812 (Gordon, Chapter 530, Statutes of 2016) Solid Waste: Recycling: State Agencies and Large State Facilities. Requires CalRecycle to provide guidance for collecting and recycling recyclable materials in office buildings of state agencies and large state facilities.

SB 423 (Bates, Chapter 771, Statutes of 2016) Surplus Household Consumer Product Waste: Management. Requires the Department of Toxic Substances Control to convene a Retail Waste Working Group to identify regulatory and statutory requirements that create confusion over the proper management of surplus household consumer products, including products that can be hazardous or pharmaceutical waste.

SB 859 (Committee on Budget and Fiscal Review, Chapter 368, Statutes of 2016) Public Resources: Greenhouse Gas Emissions and Biomass. Expands the types of projects eligible for funding under CalRecycle’s Greenhouse Gas Reduction Grant and Loan Programs. In addition, SB 859 requires: (1) the Natural Resources Agency to establish a working group on expanding markets for woody biomass; (2) public utilities to procure energy from biomass facilities; (3) the Department of Food and Agriculture to establish and oversee a Healthy Soils Program.

SB 970 (Leyva, Chapter 365, Statutes of 2016) Greenhouse Gas Reduction Fund: Grant Program: Recyclable Materials. Requires CalRecycle to consider specified factors when awarding grants for organics recycling projects.

SB 1000 (Leyva, Chapter 587, Statutes of 2016) Land Use: General Plans: Safety and Environmental Justice. Requires jurisdictions to adopt a separate environmental justice element or to integrate environmental justice goals, policies, and objectives into other elements of their general plans.

SB 1229 (Jackson, Chapter 238, Statutes of 2016) Home-Generated Pharmaceutical Waste: Secure Drug Take-Back Bins. Exempts a collector that maintains a secure take-back bin for home-generated pharmaceutical waste from civil action or criminal prosecution if the collector is acting in good faith to meet specified terms and conditions.

SB 1383 (Lara, Chapter 395) Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills. (1) Codifies various aspects of the California Air Resources Board’s Short-Lived Climate Pollutant Plan; (2) requires the California Energy Commission to develop recommendations to increase the use of renewable gas; (3) sets organics disposal reduction targets; and, (4) provides CalRecycle the regulatory authority required to achieve the waste sector aspects of the Short-Lived Climate Pollutant Plan.

Statutes of 2015

AB 199 (Eggman, Chapter 768, Statutes of 2015) Alternative Energy: Recycled Feedstock. Expands projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock.

AB 876 (McCarty, Chapter 593, Statutes of 2015) Compostable Organics. Requires a county or regional agency to include in its annual report to CalRecycle an estimate on organics recycling capacity needed over a 15-year period.

AB 888 (Bloom, Chapter 594, Statutes of 2015) Waste Management: Plastic Microbeads. Prohibits the selling of personal care products containing plastic microbeads in California.

AB 901 (Gordon, Chapter 746, Statutes of 2015) Solid Waste: Reporting Requirements: Enforcement. Updates recycling and composting reporting requirements and provides enforcement authority for those requirements and existing disposal reporting requirements.

AB 1045 (Irwin, Chapter 596, Statutes of 2015) Organic Waste: Composting. Requires CalEPA in coordination with CalRecycle, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture to develop and implement policies to aid in diverting organic waste from landfills.

AB 1071 (Atkins, Chapter 585, Statutes of 2015) Supplemental Environmental Projects. Requires each board, department, and office within the California Environmental Protection Agency that has enforcement authority to establish a specified policy on supplemental environmental projects.

SB 162 (Galgiani, Chapter 351, Statutes of 2015) Treated Wood Waste. Requires the wood preserving industry to provide certain information relating to the potential danger of treated wood to wholesalers and retailers of treated wood and wood-like products.

SB 662 (Committee on Environmental Quality, Chapter 453, Statutes of 2015) Recycling. Authorizes CalRecycle to expend money in the Recycling Market Development Revolving Loan Subaccount to make payments to local governing bodies within recycling market development zones for services related to the promotion of the zone.

2014 | 2013 | 2012 | 2011 | 2010

Statutes of 2014

• AB 333 (Wieckowski)–Medical Waste. Makes changes to the Medical Waste Management Act. (Chapter 564)
• AB 1179 (Bocanegra)–Recycling: Waste Tires: Public Works Projects. Requires public works projects that use tire-derived products to create parklets or greenways are eligible for tire-derived grants. (Chapter 589)
• AB 1594 (Williams)–Waste Management. Provides that the use of green material as alternative daily cover is disposal and does not constitute diversion through recycling. (Chapter 719)
• AB 1826 (Chesbro)–Solid Waste: Organic Waste. Requires commercial businesses to arrange for recycling services for organic waste. Local jurisdictions are also required to adopt an organic waste recycling program. (Chapter 727)
• AB 1846 (Wieckowski)–Beverage Containers: Enforcement. Authorizes CalRecycle to suspend or revoke handling fees from a certified recycling center as a form of disciplinary action if the recycling center is found guilty of committing fraud or deceit. (Chapter 597)
• AB 2251 (Yamada)–Weights and Measures: Beverage Containers: Redemption Value. AB 2251 provides investigative and enforcement authority to the Department of Food and Agriculture and county sealers to enforce the requirement that dealers are prohibited from charging more for a redemption payment. (Chapter 605)
• AB 2355 (Levine)–Local Agencies: Streets and Highways: Recycled Materials. Requires a local agency that has jurisdiction over a street or highway to either adopt the standards developed by Transportation for recycled paving materials or discuss failed standards at a regularly scheduled public hearing. (Chapter 609)
• AB 2675 (Lowenthal)–State Agency: Public Contracts. Requires state agencies to ensure that at least 50% of certain goods and materials purchased be recycled products. (Chapter 617)
• AB 2748 (Committee on Environmental Safety and Toxic Materials)–Hazardous Waste: Business Plans. Removes the requirement for owners or operators of a location that collect recyclable latex paint to have an approved CalRecycle business plan under the architectural paint recovery program. (Chapter 744)
• AB 2764 (Committee on Natural Resources)–Public Resources. Adds solid waste that exists in the waters of the state as an eligible grant activity for the Solid Waste Disposal and Codisposal Cleanup Grant Program. (Chapter 512)
• SB 270 (Padilla)–Solid Waste: Single-Use Carryout Bags. Prohibits a retail establishment from providing a single-use carryout bag to a customer at the point of sale SB 270 allows recycled paper bags, compostable plastic bags, or reusable bags to be made available for purchase. (Chapter 850)
• SB 498 (Lara)–Solid Waste: Biomass Conversion. Expands the existing definition of biomass conversion to include noncombustion thermal conversion technologies that produce hear, fuel or electricity. (Chapter 746)
• SB 1249 (Hill)–Hazardous Waste: Shredder Waste. Requires DTSC to adopt regulations that declared auto-shredder waste hazardous and that it be managed accordingly. (Chapter 756)
• SB 1261 (Jackson)–Hazardous Materials: Business Plans. Removes the requirement for owners or operators of a location that collect recyclable latex paint to have an approved CalRecycle business plan under the architectural paint recovery program. (Chapter 715)
• SB 1274 (Hancock)–Recycling: Used Mattresses. Makes technical changes to the Mattress Recycling and Recovery Act. (Chapter 371)

Statutes of 2013

• AB 8 (Perea)–Alternative Fuel and Vehicle Technologies: Funding Programs. Extends various fees and surcharges that fund programs administered by the California Energy Commission, the Air Resources Board, the Department of Resources Recycling and Recovery, local air districts, and the Bureau of Automotive Repair. (Chapter 401)
• AB 501 (Nazarian)–Vehicles. Changes the definition of tire broker to exclude a vehicle dealer and a tire retailer primarily engaged in the retail sale, service, and installation of new tires on customer vehicles.. (Chapter 392)
• AB 513 (Frazier)–Tire Recycling Program: Rubberized Asphalt Concrete. Requires the Department of Resources Recycling and Recovery to award rubberized asphalt concrete grants for local public works projects, disability access projects at parks and Class I Bikeways. (Chapter 499)
• AB 1126 (Gordon)–Oil and Gas: Well Stimulation. Creates, defines, and establishes regulatory standards for an Engineered Municipal Solid Waste conversion facility. (Chapter 411)
• AB 1317 (Frazier)–State Government Operations. Changes in the statutes necessary to reflect the changes made by the Governor’s Reorganizations Plan No. 2 as introduced to the Legislature on May 3, 2012. (Chapter 352)
• AB 1398 (Pavley)–Solid Waste: Recycling: Enforcement Agencies. Clarifies the ambiguity in existing law that governs the responsibilities between the Department of Resources Recycling and Recovery and local enforcement agencies. Also deletes and incorrect cross reference and revises the definition of the term commercial solid waste to include all types of solid waste generated by a commercial entity or multifamily dwelling. (Chapter 509)
• SB 4 (Pavley)–Oil and Gas: Well Stimulation. Requires the operator of an oil and gas well who wishes to perform well stimulations treatments to first apply for a permit with the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources. (Chapter 313)
• SB 96 (Committee on Budget and Fiscal Review)–Budget Act of 2013: Public Resources. Makes the necessary statutory changes in order to implements the Budget Act of 2013 as it relates to natural resources and environmental protection. (Chapter 356)
• SB 254 (Hancock)–Solid Waste: Used Mattresses: Recycling and Recovery. Establishes a statewide mattress recycling program to be developed, implemented, and administered by a single mattress recycling organization comprised of manufacturers, renovators, and retailers. (Chapter 388)

Statutes of 2012

• AB 480 (Solorio)–Solid Waste Facilities: Captive Insurance. Temporarily revises the conditions under which the use of captive insurance as a financial assurance mechanism for solid waste landfills would be allowed, while limiting its use to providing not more than 50 percent of an owner’s and operator’s financial assurance obligation. (Chapter 713)
• AB 549 (Carter)–Electronic Waste. Codifies the Department of Resources Recycling and Recovery’s (CalRecycle) regulatory authority under the Electronic Waste Recovery and Recycling Program and specifies that the clarifications contained within the bill related to California source materials and payment claim reviews are consistent with the Legislature’s original intent of the 2003 Electronic Waste Recycling Act (Sher, Chapter 526, Statutes of 2003). (Chapter 573)
• AB 837 (Nestande)–Plastic Products. Places the onus to substantiate the environmental marketing claim of a plastic food container product on the manufacturer or supplier of that product. This requirement would sunset on January 1, 2018. (Chapter 525)
• AB 845 (Ma)–Solid Waste. Prevents a local entity from restricting or placing limits on the importation of solid waste into a privately-owned, solid waste facility based on place of origin. (Chapter 526)
• AB 1181 (Butler)–Weights and Measures. Prohibits a person who is purchasing a commodity (including beverage containers) to pay the seller less than the highest applicable price represented by the purchaser to the seller for that commodity or less than a price per unit that is established by law or regulation. (Chapter 662)
• AB 1442 (Wieckowski)–Pharmaceutical Waste. Allows a pharmaceutical waste generator or parent organization that employs health care professionals to transport such waste via common carrier (ie United Parcel Service), instead of using a medical or hazardous waste hauler. (Chapter 689)
• AB 1508 (Carter)–Junk Dealers. Removes the exemption that allows individuals to avoid payment and identification requirements when they bundle copper or copper alloys, valued at not more than twenty dollars ($20), with beverage container transactions. (Chapter 531)
• AB 1647 (Gordon)–Waste Tires. Strengthens CalRecycle’s enforcement against illegal waste tire facilities and waste tire haulers, while streamlining the hearing process against noncompliant waste tire facilities or haulers by authorizing the department to utilize informal administrative hearings. (Chapter 534)
• AB 1900 (Gatto)–Renewable Energy Resources. Requires the Office of Environmental Health Hazard Assessment, in consultation with CalRecycle and other environmental state agencies, to compile a list of constituents found in biomethane that could pose a health risk and determine the appropriate concentrations for each constituent. (Chapter 602)
• AB 1933 (Gordon)–Beverage Containers. Reduces the load limit threshold that triggers the reporting requirements applicable to persons importing out-of-state beverage container material, and adds additional elements to the reporting requirements and enforcement provisions. (Chapter 540)
• AB 2196 (Chesbro)–Renewable Energy Resources. Reinstates Renewable Portfolio Standard eligibility for facilities using biomethane, meeting certain requirements. (Chapter 605)
• SB 1122 (Rubio)–Renewable Bioenergy Projects. Requires the California Energy Commission to direct electrical corporations to procure a minimum procurement of 250 megawatts of renewable energy from small biogas and biomass technologies by June 1, 2013. (Chapter 612)
• SB 1219 (Wolk)–Plastic Bags. Extends the sunset date for the At-Store Recycling Program from January 1, 2013 to January 1, 2020, and repeal the provision prohibiting local governments from passing ordinances that impose a fee on single-use plastic carryout bags. (Chapter 384)

Statutes of 2011

• AB 341 (Chesbro)–Solid waste: Diversion. AB 341 (1) requires CalRecycle to issue a report to the Legislature that includes strategies and recommendations that would enable the state to divert 75 percent of the solid waste generated in the state from disposal by January 1, 2020; (2) requires businesses that meet specified thresholds in the bill to arrange for recycling services by January 1, 2012; (3) streamlines the amendment process for non-disposal facility elements, by allowing changes without review and comment from a local task force; and (4) allows a solid waste facility to modify their existing permit, instead of having to undergo a permit revision, under specified circumstances. (Chapter 476)
• AB 525 (Gordon)–Solid Waste: Architectural Paint Recycling Program. Establishes the Architectural Paint Stewardship Account and the Architectural Paint Stewardship Penalty Subaccount in the Integrated Waste Management Fund. (Chapter 573)
• AB 712 (Williams)–Recycling: Beverage Containers. Prohibits expenditure of funds from the Beverage Container Recycling Program to a city, or city and county that has prevented the siting or operation of a certified recycling center at a supermarket site, due to the adoption or enforcement of a land-use restriction. (Chapter 576)
• AB 818 (Blumenfield)–Solid Waste: Multifamily: Dwellings. Requires the owner of a multifamily dwelling that contains five or more living units to arrange for recycling services. (Chapter 279)
• AB 1023 (Wagner)–Maintenance of the Codes. Makes minor clarifying changes and corrections to various California Codes including the Government and Public Resources Codes. (Chapter 296)
• AB 1149 (Gordon)–Beverage Containers: Recycling and Litter Reduction: Funds. Requires CalRecycle to consider certain criteria in setting the amount of the Plastic Market Development Payment, and extends the program authorization for expenditure through January 1, 2017. In addition to the current authorized expenditure of $10 million, the bill would provide authorization for additional monies to be expended from the Beverage Container Recycling Fund for such payments, based on specified criteria. The bill would also delete other grant provisions that are due to sunset on January 1, 2012. (Chapter 486)
• SB 84 (Committee on Budget and Fiscal Review)–Budget Act of 2010: Revisions. Seeks to transfer moneys to the General Fund, as a loan, from the Used Oil Recycling Fund and the Electronic Waste Recovery and Recycling Account. (Chapter 13)
• SB 567 (DeSaulnier)–Recycling: Plastic Products. Expands the scope of plastic products currently subject to a sales prohibition if environmental claims are not consistent with specific American Society for Testing and Materials Standards. (Chapter 594)
• SB 617 (Calderon)–State Government: Financial and Administrative: Accountability. Updates state government accounting practices by requiring state agencies to implement ongoing monitoring of internal accounting and financial controls in two areas of law. (Chapter 496)
• SB 841 (Wolk)–Solid Waste: Enterprises: Contracts. Restricts local governments from enforcing indemnity obligations on a solid waste enterprise for failing to obtain voter approval on fees or charges that violate Propositions 26 and 218. (Chapter 713)
• SB 909 (La Malfa)–Treated Wood Waste: Disposal. Requires that an Internet web site and toll-free number be added to the point-of-display posting required of wholesalers and retailers of treated wood and treated wood-like products. (Chapter 601)

Statutes of 2010

• AB 1004 (Portantino)–State Solid Waste Postclosure and Corrective Action Trust Fund. AB 274 (Portantino, Chapter 318, Statutes of 2009) established the State Solid Waste Postclosure and Corrective Action Trust Fund for the purposes of protecting the State from any future liability associated with cleanup of closed solid waste facilities. AB 1004 delays the effective date of the Trust Fund from January 1, 2012 to July 1, 2012, an extension of six months, and revises all subsequent dates relating to the administration of the Trust Fund and reporting requirements by a specified amount of time. This bill also gives landfill owners, rather than landfill operators, the final say as to whether to participate in the Trust Fund. (Chapter 417)
• AB 1343 (Huffman)–Architectural Paint: Recovery Program. Creates a product stewardship program for architectural paint, which requires manufacturers to develop and implement a program to collect, transport, and process postconsumer paint to reduce the public costs and environmental impacts of the management of postconsumer paint in California. The bill further requires CalRecycle to administer the program, approve and disapprove plans, and provide oversight to ensure a level playing field among manufacturers. (Chapter 420)
• AB 2398 (Perez)–Product Stewardship: Carpet. Creates a product stewardship program for carpet and requires a manufacturer or product stewardship organization acting on behalf of a manufacturer(s), to establish and submit to CalRecycle a product stewardship plan aimed at increasing the amount of carpet diverted from landfills and recycled into secondary products. (Chapter 681)
• AB 2738 (Niello)–Regulations: Agency Statement of Reasons. Current law requires each State agency to consider the imposition of performance standards before mandating the use of specific technologies or equipment, or prescribe specific actions. AB 2738 will further require each State agency to provide a description of any performance standard that was considered as an alternative. (Chapter 398)
• ABX8 7 (Assembly Budget Committee)–Environmental Pollution: Program Funding. Makes the following changes as it relates to the Beverage Container Recycling Fund (Fund): mandates that CalRecycle review the Fund every three months and report the Fund status on the internet; mandate that Fund expenditures may not be reduced or eliminated without 90 days notification that program reductions or eliminations must be made; accelerates the timeframe by which distributors submit California Refund Value to the Department from 90 days after the month of sale to 60 days; suspends or eliminates funding for specified sources for two years; caps the amount the Department may expend for “processing fee offsets,” which reduce program costs to manufacturers; and authorizes the Department to retroactively pay program participants that received reduced or eliminated funding during the period of January 1, 2010 to June 30, 2010. (Chapter 5)
• SB 228 (DeSaulnier)–Plastic Bags: Compostable Plastic Bags. Requires manufacturers of compostable plastic bags meeting specific American Society for Testing Materials (ASTM) standards to ensure the bag are easily identifiable from other bags. (Chapter 406)
• SB 390 (Kehoe)–Solid Waste: Recycling Market Development. Extends the sunset date of the CalRecycle Recycling Market Development Zone (RMDZ) Loan Program. Furthermore, SB 390 eliminates the current requirement that funds transferred from the IWMA account to the RMDZ Loan Subaccount be treated as a loan. (Chapter 275)
• SB 579 (Lowenthal)–Used Oil. Serves as a cleanup bill to SB 546 (Lowenthal, Chapter 353, Statutes of 2009). (Chapter 504)
• SB 627 (Calderon)–Catalytic Converters: Junk Dealers and Recyclers. Will require recyclers to comply with additional recordkeeping procedures and new payment restrictions when purchasing catalytic converters. (Chapter 603)
• SB 855 (Committee on Budget and Fiscal Review)–Budget Act of 2010: Resources. Specifies the manner in which CalRecycle must provide quarterly updates to the Legislature on the status of the Beverage Container Recycling Fund. The bill also includes various technical clean-up provisions within the Beverage Container Recycling and Litter Reduction Act; makes clarifying and conforming changes to the solid waste tipping fee as it relates to the State Water Resources Control Board and regional water board regulatory activities; and requires the Governor to submit a report to the Legislature by April 1, 2011 for the 2011-12 budget that includes a zero-based budget methodology for all state agency climate change programs. (Chapter 718)

2009 | 2008 | 2007 | 2006 | 2005

Statutes of 2009

AB 274 (Portantino)–Solid Waste: Landfills: Closure Plans–AB 274 establishes the Solid Waste Postclosure Trust Fund that is intended to be funded by a voluntary $0.12 per ton fee assessed on solid waste disposed in California. (Chapter 318)

SB 63 (Strickland)–Waste Management–SB 63 eliminates the CIWMB and transfers its regulatory and programmatic responsibilities to the new Department of Resources Recycling and Recovery along with the Beverage Container Recycling Program. The two programs will now reside within the Natural Resources Agency. (Chapter 21)

SB 167 (Ducheny)–Solid Waste: Waste Tires–SB 167 requires CIWMB’s Five Year Tire Plan to include the development of border projects at the various California-Mexico border regions. (Chapter 333)

SB 230 (Cogdill)–Waste Tire Haulers: Registration–SB 230 provides an individual an exemption from registering as a Waste Tire Hauler when transporting illegally dumped tires to an amnesty event when meeting specified conditions. (Chapter 41)

SB 486 (Simitian)–Sharps Waste–SB 486 requires a pharmaceutical manufacturer who sells or distributes medication in California, to submit a safe collection plan to the CIWMB. Medications include substances that must be injected by hypodermic needles. (Chapter 591)

SB 546 (Lowenthal)–Used Oil–SB 546 recasts the Used Oil Program, allowing the CIWMB to focus on collection of oil from “Do-It-Yourselfers,” streamline local jurisdiction grants, discourage illegal disposal of used oil, and provide incentives to manufacturers of re-refined oil in order to develop additional capacity for the re-refining of used oil. This bill also changes the testing and analysis process for used oil and revises the certification and reporting requirements for both in and out-of state recycling facilities. (Chapter 353)

Statutes of 2008

AB 1338 (Committee on Budget)–Public Resources (effective 9/30/08)–This bill requires State departments to annually estimate their own greenhouse gas emissions, with an explanation of any increase or decrease in emissions compared to the previous years. In addition, this bill requires each agency to submit a comprehensive budget display on an annual basis to the Legislature detailing the fiscal resources that is required to meet the reduction targets identified in AB 32 (Núñez, Chapter 488, Statutes of 2006). (Chapter 760)

AB 1389 (Committee on Budget)–State Government (effective 9/30/08)–As it relates to the CIWMB, this bill requires the Department of Housing and Community Development to review relevant existing green building guidelines when developing proposed building standards, to consider including any cost effective and feasible features, and to summarize efforts to this effect in annual reporting to the Legislature. (Chapter 751)

AB 1846 (Adams)–Inedible Kitchen Grease (effective 1/1/09)–This bill exempts transporters of inedible kitchen grease who transport inedible kitchen grease for their own personal, noncommercial use as an alternative fuel, from paying 75 percent of the $300 transporter fee, as specified. (Chapter 321)

AB 1972 (DeSaulnier)–Solid Waste: Plastic Bags: Food and Beverage Containers (effective 1/1/09)–This bill modifies two chapters in current law: one on biodegradable and compostable plastic bags and one on plastic food and beverage containers. In both programs, the sale of an item labeled “compostable” or “marine degradable” is prohibited, unless the item meets specific American Society for Testing and Materials Standard Specifications, or in some cases, a standard adopted by the CIWMB. (Chapter 436)

AB 2071 (Karnette)–Plastic Bags: Plastic Food and Beverage Containers: Enforcement (effective 1/1/09)–This bill establishes penalties for failure to comply with labeling requirements for compostable, biodegradable, and degradable plastic bags and plastic food and beverage containers sold in California. (Chapter 570)

AB 2245 (Soto)–Illegal Dumping Enforcement Officers: Use of Batons (effective 1/1/09)–This bill allows illegal dumping enforcement officers to carry batons if the individual has satisfactorily completed a course of instruction, certified by the Department of Consumer Affairs, in the carrying and use of a club or baton. (Chapter 96)

AB 2347 (Ruskin)–Mercury-Added Thermostats: Collection Program (effective 1/1/09)–This bill enacts the Mercury Thermostat Collection Act of 2008 and requires a manufacturer who sold mercury-added thermostats before January 1, 2006, to establish and maintain a collection and recycling program for out-of-service mercury-added thermostats. (Chapter 572)

AB 2679 (Ruskin)–Solid Waste: Enforcement: Local Agencies (effective 1/1/09)–This bill makes numerous changes to strengthen and streamline the enforcement provisions under the California Integrated Waste Management Act, including, repealing the automatic stay of an enforcement order, establishing civil and criminal penalties for specific violations of the Integrated Waste Management Act, and authorizing the CIWMB to take any enforcement action currently available to LEAs under certain circumstances. (Chapter 500) Implementation Guidance

AB 3025 (Lieber)–Solid Waste: Polystyrene Loose-fill Packaging (effective 1/1/09)–This bill prohibits, after January 1, 2012, a wholesaler or manufacturer from selling, or offering to sell expanded polystyrene (EPS) loose-fill packaging material (“packaging peanuts”) in California, unless it meets requirements to contain specified amounts of recycled material. Ultimately, the bill requires EPS loose-fill packaging to be comprised of 100 percent recycled material by January 1, 2017. (Chapter 471)

SB 1016 (Wiggins)–Diversion: Alternative Compliance System (effective 1/1/09)–This bill moves the CIWMB from the existing solid waste diversion accounting system to a per capita disposal based system. The bill also revises the reporting and review process so that jurisdictions determined to be in compliance with the 50 percent diversion requirement would be subject to a review every four years, while those not in compliance would continue to be reviewed every two years. (Chapter 343)

SB 1277 (Maldonado)–Synthetic Turf (effective 1/1/09)–This bill requires, on or before September 1, 2010, the CIWMB, in consultation with the Office of Environmental Health Hazard Assessment (OEHHA) and the State Department of Public Health, to prepare a study on the effects of synthetic turf and natural turf on the environment and the public health. (Chapter 398)

SB 1473 (Calderon)–Building Standards (effective 1/1/09)–This bill requires the BSC to adopt, approve, codify, update, and publish green building standards for any occupancy for which no state agency has the authority or expertise to propose those standards. In addition, this bill directs local governments to collect a fee of $4 per $100K in valuation from building permit applicants to fund the development, adoption, publication, and educational efforts for green building standards. (Chapter 719)

SB 1781 (Committee on Environmental Quality)–Environmental Quality: Solid Waste Management: Used and Waste Tires: Ballast Water Management (effective 1/1/09)–As it relates to the CIWMB, this bill clarifies several portions of the waste and used tire hauler statutes, resulting in more efficient and cost-effective enforcement of those requirements. (Chapter 696)

Statutes of 2007

AB 258 (Krekorian)–Environment: Marine Debris (effective 1/1/08)–This bill requires the California Coastal Commission (CCC), to the extent feasible and within existing resources, to make specified efforts to address the issue of marine debris including the establishment of a multi-agency task force. (Chapter 735)

AB 679 (Benoit)–Illegal Dumping: Assessments (effective 1/1/08)–This bill requires the court to impose a civil assessment equal to the amount of the criminal fine when a party is found guilty of illegal dumping activities. In addition, this bill requires that the assessments be deposited into the appropriate jurisdiction’s General Fund to be used for the enforcement of such activities. (Chapter 394)

AB 1023 (DeSaulnier)–Recycling: Compostable and Biodegradable Plastic Trash Bags (effective 1/1/08)–This bill will exempt manufacturers of Compostable and biodegradable trash bags from the requirements of California’s recycled-content requirements for plastic trash bags. (Chapter 143)

AB 1048 (Richardson)–Illegal Dumping Enforcement Officers (effective 1/1/08)–This bill corrects an erroneous cross-reference on the illegal dumping enforcement officers authority to enforce provisions of law relating to solid waste disposal and provides that the Attorney General may furnish illegal dumping enforcement officers state summary criminal history information upon the showing of a compelling need. (Chapter 201)

AB 1109 (Huffman)–Energy Resources: Lighting Efficiency: Hazardous Waste (effective 1/1/08)–This bill establishes the California Lighting Efficiency and Toxics Reduction Act (Act) and will prohibit on and after January 1, 2010, a person from manufacturing for sale in the state specified general purpose lights (GPLs) that contain hazardous substances prohibited by the European Union (EU); will require the Energy Commission, on or before December 31, 2008, to adopt minimum energy efficiency standards for all GPLs. This bill also requires DTSC, in coordination with IWMB, to convene a task force to make recommendations to the Legislature on or before September 1, 2008, on the most effective and cost efficient method to provide for the proper collection and recycling of end-of-life light bulbs. (Chapter 534)

AB 1447 (Calderon, Charles)–Hazardous Waste: Major Appliances (effective 1/1/08)–This bill will make changes to hazardous waste control laws relating to the removal of materials that require special handling (e.g., refrigerant, oil, mercury switches) from major appliances. (Chapter 709)

AB 1473 (Feuer)–Solid Waste Facility: Permits: Enforcements (effective 1/1/08)–This bill requires the IWMB to adopt emergency regulations to authorize a Local Enforcement Agency (LEA) to issue a temporary solid waste facilities permit (with IWMB concurrence) to a person operating a recycling, material recovery, and/or composting facility. This bill states that the emergency regulations adopted by the IWMB sunset on July 1, 2010. (Chapter of 547)

SB 898 (Simitian)–Solid Waste: Cleanup (effective 1/1/08)–This bill provides a repeal date of January 1, 2013, for the contribution provisions for the State Children’s Trust Fund for the Prevention of Child Abuse and the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account. (Chapter 665)

SB 966 (Simitian)–Pharmaceutical Drug Disposal (effective 1/1/08)–This bill will require the IWMB to develop, in consultation with appropriate state, local, and federal agencies, model programs that are free to the consumer for the collection and proper disposal of pharmaceutical drug waste (pharmaceuticals). This bill does not cover controlled substances. The IWMB would, upon evaluation of the model programs, provide the Legislature with recommendations for a statewide program by December 1, 2010. (Chapter 542)

SB 1036 (Perata)–Energy: Renewable Energy Resources (effective 1/1/08)–This bill recasts the Renewable Portfolio Standard Program, a program for the purchasing of renewable energy. (Chapter 685)

Statutes of 2006

AB 32 (Núñez)–Air Pollution: Greenhouse Gases: California Global Warming Act of 2006 (effective 1/1/07)–This bill enacts the California Global Warming Solutions Act of 2006, requiring ARB to adopt regulations by January 1, 2008, and to establish a greenhouse gas regulatory and mandatory reporting system. (Chapter 488)

AB 156 (Committee on Budget)–Budget Act of 2004: Contingencies and Emergencies (effective 1/1/07)–This bill appropriates $31.5 million for four separate 2004-05 budget deficiencies related to (1) energy efficiency projects in State facilities, (2) postclosure activities for a hazardous waste landfill, (3) workers’ compensation claims for disaster workers, and (4) capitol security projects. This bill is an urgency measure that went into effect on March 23, 2005. Specifically, this bill also appropriates $5,119,250 to DTSC for the closure and postclosure maintenance of the BKK Landfill. (Chapter 7)

AB 259 (Hancock)–Solid Waste: Handling Services: Delinquent Charges: Liens (effective 1/1/07)–This bill increases a county’s capacity to attach liens to real property with delinquent payments for solid waste handling services provided under a franchise, contracts, license, permit, or otherwise. It also exempts from the definition of a “public utility” solid waste handling services arranged for or provided by a county. (Chapter 564)

AB 338 (Levine)–Recycling: Crumb Rubber (effective 1/1/07)–This bill requires Caltrans to use elevated levels of crumb rubber in lieu of other materials for State highway construction or repair projects that use asphalt as a construction material. (Chapter 709)

AB 574 (Wolk)–Recycled Concrete (effective 1/1/07)–This bill defines “recycled concrete” and exempts Caltrans or DGS from purchasing recycled concrete unless it was specifically requested and approved by Caltrans or DGS. (Chapter 693)

AB 721 (Núñez)–Metal Plating Facilities: Pollution Prevention Fund (effective 1/1/07)–This bill requires BTHA, in collaboration with other State entities, to establish a loan guarantee program for chrome plating facilities. (Chapter 695)

AB 1065 (Matthews)–Kitchen Grease: Transporters (effective 1/1/07)–This bill authorizes CDFA to establish a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper disposal or recycling of that material. This bill requires licensed renderers to be registered as transporters with CDFA and authorizes CDFA to suspend or revoke registration for violations. This bill expands the oversight of grease hauling to include protecting the environment, reducing blockages of public sewer systems, and preventing the improper and illegal transportation and disposal of interceptor grease. (Chapter 533)

AB 1125 (Pavley)–Rechargeable Battery Act (effective 1/1/07)–This bill requires on and after July 1, 2006, that retailers of rechargeable batteries sold in California have a system in place for accepting and collecting used rechargeable batteries for reuse, recycling, or proper disposal. (Chapter 572)

AB 1249 (Blakeslee)–Waste Tire Facility Permit (effective 1/1/07)–This bill grants the State Fire Marshall the authority, in consultation with the CIWMB, to develop and adopt regulations related to fire prevention and storage of waste tires at major waste tire facilities. (Chapter 404)

AB 1272 (Harman)–State Lands Commission (effective 1/1/07)–This bill grants the State Lands Commission the authority to sell the state’s mineral rights in 466.66 acres of the former Eagle Mountain Mine for fair market value. This area is currently permitted as a solid waste landfill; however, the landfill is not yet operational. (Chapter 701)

AB 1333 (Frommer)–Grease Waste Haulers (effective 1/1/07)– This bill makes it a misdemeanor to improperly remove grease waste from grease traps or interceptors or otherwise improperly deposit grease materials at any place other than an authorized facility. (Chapter 186)

AB 1341 (Committee on Environmental Safety and Toxic Materials)–Financing Authorities: Grants and Loans (effective 1/1/07)–This bill amends the California Educational Facilities Authority Act, the Health Facilities Financing Authority Act and the California Pollution Control Financing Authority Act to require a project applicant to provide documentation, before the authority approves the issuance of bonds for the project, that the projects has complied with CEQA, or is not subject to CEQA. (Chapter 714)

AB 1415 (Pavley)–Hazardous Waste: Mercury Relays and Switches (effective 1/1/07)–This bill bans the sale and distribution in California of all precuts with mercury-containing switches, relays, measuring devices, and gastrointestinal tubes. Bill also provides exemptions for mercury-added products required under federal law or federal contract or if the only mercury-added component is a button cell battery. (Chapter 578)

AB 1637 (Mountjoy)–Vehicles: Refuse or Garbage Truck: Camera (effective 1/1/07)–This bill requires all garbage trucks, with the exception of rolloff vehicles, to be equipped with an audible, automatic, backup alarm or a similar device that is capable of emitting a specified sound. All garbage trucks purchased after January 1, 2010, are also required to be equipped with a functioning camera that provides the driver with a video display of the rear of the vehicle. (Chapter 166)

AB 1688 (Niello)–Illegal Dumping Enforcement Officers (effective 1/1/07)–This bill permits employees of a city, county, or city and county whose primary duty is the enforcement of illegal dumping laws, to exercise powers of arrest and the power to serve warrants by adding them to the list of individuals in Penal Code Section 830.11. (Chapter 267)

AB 1992 (Canciamilla)–Solid Waste: Dumping (effective 1/1/07)–Existing law provides that a person who illegally dumps garbage is guilty of a misdemeanor. This bill makes four relatively minor changes to the Health and Safety Code, relating to solid waste. (Chapter 416)

AB 2147 (Harman)–Solid Waste: Plastic Food and Beverage Containers (effective 1/1/07)–This bill prohibits a person from selling a plastic food or beverage container that is labeled “compostable,” “biodegradable,” “degradable,” or anything similar unless the container meets an existing American Society for Testing and Materials specification for Compostable plastic. (Chapter 349)

AB 2160 (Lieu)–State Buildings: Green Building (effective 1/1/07)–This bill requires DGS to define a life cycle cost assessment methodology for state building design and construction decisions. Also, requires CEC to identify and develop appropriate project delivery mechanisms to facilitate energy and resource efficient projects for state and commercial buildings. (Chapter 742)

AB 2211 (Karnette)–Solid Waste Disposal Site Cleanup (effective 1/1/07)–This bill authorizes CIWMB to expend funds directly for the cleanup of a publicly owned site only if CIWMB determines that the public entity lacks resources or expertise to timely manage the cleanup itself. The bill requires CIWMB to consider additional specified factors in considering partial grants that provide greater than 50 percent of the funds directly for the cleanup. (Chapter 762)

AB 2253 (Hancock)–Vehicles: Illegal Dumping (effective 1/1/07)–This bill authorizes a court to impound a vehicle used in the illegal dumping of waste matter or harmful waste matter for a time period of up to six months, upon the misdemeanor or felony conviction of a person for the illegal dumping of waste matter under certain circumstances. (Chapter 765)

AB 2296 (Montanez)–Solid Waste: Landfill Standards: Closure and Postclosure Maintenance (effective 1/1/07)–This bill requires CIWMB to conduct a study, by January 1, 2008, to define the conditions that potentially affect solid waste landfills, in order to identify potential long-term threats, as specified. (Chapter 504)

AB 2449 (Levine)–Recycling: Plastic Carryout Bags (effective 1/1/07)–Beginning July 1, 2007, this bill requires store operators to establish a recycling program that provides an opportunity for a store customer to return a clean plastic carryout bag to the store. A “store” is defined as a full-time, self-service retail store with gross annual sales of $2 million or more and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. (Chapter 845)

AB 3038 (Ruskin)–Public Resources: Community Conservation Corps (effective 1/1/07)–This bill provides several specified requirements for a nonprofit benefit corporation or agency relating to its corps members. The California Conservation Corps is required to evaluate a community conservation corps to determine its eligibility for certification on an annual basis. (Chapter 409)

AB 3056 (Committee on Natural Resources)–Beverage Containers: Quality Incentive Payments: Refund Values: Handling Fees (effective 1/1/07)–This bill allows DOC to pay out refund values to consumers at a higher level for a six-month period under the Beverage Container Recycling and Litter Reduction Act (Bottle Bill Program). (Chapter 907)

SB 77 (Committee on Budget and Fiscal Review)–2005-06 Budget (effective 1/1/07)–This bill is the Budget Act of 2005 and makes appropriations for the support of State government for the 2005-06 fiscal year.

SB 107 (Simitian)–Renewable Energy (effective 1/1/07)–This bill will accelerate from 2017 to 2010, California’s renewable energy procurement goal of 20 percent for publicly owned utilities and other retailer sellers of electricity. (Chapter 464)

SB 369 (Simitian)–Solid Waste: Tire Recycling: Rubberized Asphalt Concrete (effective 1/1/07)–This bill revises the eligibility criteria for the existing Rubberized Asphalt Concrete Grant Program for local governments, established by SB 1346 (Kuehl), Chapter 671, Statutes of 2002, and extends its sunset date to January 1, 2001. (Chapter 300)

SB 420 (Simitian)–Public Contracts: Procurements: Recycled (effective 1/1/07)–This bill makes technical, non-substantive changes to existing law relating to local agency procurement and expands the scope of use for paving materials that utilize recycled content. (Chapter 392)

SB 772 (Ducheny)–Environment: Border Region: Waste and Used Tires (effective 1/1/07)–This bill requires the CIWMB to include border region activities conducted in coordination with CalEPA as a program element of its five-year plan for tires. Such activities would include training programs, environmental education, waste tire abatement, tracking tire flow across the border, and coordination with regard to environmental and control requirements.

SB 828 (Maldonado)–Public Contracts (effective 1/1/07)–This bill exempts all State credit card (Cal-Card) purchases of under $2,500 from the majority of California’s purchasing certification requirements, including environmental purchasing requirements, anti-sweatshop requirements, and encouraging the purchase of U.S.-manufactured products. This bill sets an annual cap on the exemption of $7,500. (Chapter 381)

SB 975 (Ashburn)–Air Quality: Biodiesel Fuel (effective 1/1/07)–This bill provides that any public agency or regulated utility may use biodiesel blend fuel, as defined, in any retrofitted vehicular or off-road diesel engine certified by ARB. (Chapter 365)

SB 1106 (Committee on Environmental Quality)–Public Contracts: Procurement: Recycled Goods: Solid Waste (effective 1/1/07)–This bill is a clean-up measure that consolidates, updates, and clarifies existing recycling laws, eliminates duplicative provisions, and establishes or restates recycling goals and reporting requirements for State and local agencies. (Chapter 590)

SB 1108 (Committee on Judiciary)–Maintenance of Codes (effective 1/1/07)–This bill makes numerous technical, nonsubstantive changes to existing law recommended by the Legislative Counsel. (Chapter 22)

SB 1305 (Figueroa)–The Medical Waste Management Act (effective 1/1/07)–The existing Medical Waste Management Act, administered by DHS, regulates the management and handling of medical waste, as defined. Under existing law certain items, such as household waste, are specifically excluded from the definition of medical waste. (Chapter 64)

Statutes of 2005

AB 259 (Hancock)–Solid Waste: Handling Services: Delinquent Charges: Liens–AB 259 extends the delinquent charge and fee collection procedures in existing law to solid waste handling services provided under a franchise, contract, license, permit, or otherwise. This bill contains other related provisions and other existing laws. (Chapter 564)

AB 338 (Levine)–Recycling: Crumb Rubber–AB 338 requires Caltrans to gradually phase in the use of crumb rubber, which is used to make rubberized-asphalt concrete, on state highway construction and repair projects, to the extent feasible. The crumb rubber used is required to be manufactured in the United States, and derived from waste tires taken from U.S. owned and operated vehicles. (Chapter 709)

AB 574 (Wolk)–Recycled Concrete–AB 574 defines “recycled concrete” as “reclaimed concrete material used in concrete mixtures in accordance with the Greenbook Standard Specifications for Public Works 2003 Edition, or the most current revision of those requirements.” This bill authorizes the use of recycled concrete, as defined, if the end user has been fully informed that the concrete is recycled concrete. In addition, this bill prohibits recycled concrete from being offered, provided, or sold to Caltrans for any use unless specifically requested and approved by the department. The provisions of the bill shall not supersede the requirements of the Uniform Building Code or other provisions of law. (Chapter 693)

AB 575 (Wolk)–Electronic Waste Recycling–AB 575 defines the term “vendor” for purposes of the Electronic Waste Recycling Act. The bill allows a retailer to pay the covered electronic waste recycling fee on behalf of the consumer by paying the fee to the retailer’s vendor. Urgency measure. (Chapter 59)

AB 1065 (Matthews)–Kitchen Grease: Transporters–AB 1065 authorizes the Department of Food and Agriculture (DFA) to establish a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper disposal or recycling of that material. This bill requires licensed renderers to be registered as transporters with DFA and would authorize DFA to suspend or revoke registration. This bill expands oversight of grease hauling to include protecting the environment, reducing blockages of public sewer systems, and preventing the improper and illegal transportation and disposal of interceptor grease. (Chapter 533)

AB 1125 (Pavley)–Rechargeable Battery Recycling Act–AB 1125 enacts the Rechargeable Battery Recycling Act of 2006. It requires on and after July 1, 2006, that a retailer of rechargeable batteries sold in California have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal with specified elements, including the take-back at no cost to the consumer of a used rechargeable battery of a type or brand sold by the retailer. The bill prohibits the sale of a rechargeable battery to a consumer in this state after July 1, 2006, if the retailer is not in compliance with the Act. The bill requires DTSC on or before July 1, 2007, and each succeeding July 1, to post on its Internet website the estimated amount, by weight, of each type of rechargeable battery returned for recycling in California during the previous calendar year. (Chapter 572)

AB 1249 (Blakeslee)–Waste Tire Facility Permit–AB 1249 gives the State Fire Marshal the authority, in consultation with the IWMB, to develop and adopt regulations relating to fire prevention and storage of waste tires. (Chapter 404)

AB 1272 (Harman)–State Lands Commission–AB 1272 repeals provisions requiring the State Lands Commission to prepare every 10 years a summary report on the ownership of public land in this state. This bill grants the State Lands Commission the authority to sell the state’s mineral rights in 466.66 acres of the former Eagle Mountain Mine for fair market value. (Chapter 701)

AB 1415 (Pavley)–Hazardous Waste: Mercury Relays and Switches–AB 1415 bans the sale and distribution in California of all products with the mercury-containing switches, relays, measuring devices, and gastrointestinal tubes. This bill also provides exemptions for mercury-added products required under a federal law or federal contract or if the only mercury-added component is a button cell battery. (Chapter 578)

AB 1637 (Mountjoy)–Vehicles: Refuse or Garbage Truck: Horn: Camera–AB 1637 requires all garbage trucks, except rolloff vehicles, to be equipped with an audible, automatic, backup alarm or a similar device that is capable of emitting a specific sound. All garbage trucks purchased after January 1, 2010, will also be required to be equipped with a functioning camera that provides the driver with a video display of the rear of the vehicle. (Chapter 166)

AB 1721 (Pavley)–Environmental Education–AB 1721 provides cleanup legislation for AB 1548 (Pavley), Chapter 665, Statutes of 2003, the Education and the Environment Initiative, which incorporated environmental principles into approved education standards. (Chapter 581)

SB 743 (Chesbro)–Solid Waste Rigid Plastic Packaging Containers: Recycling Rates: Households–SB 743 revises the definition of “recycling rate” within the RPPC program to additionally include the proportion of a single resin type of a RPPC that is recycled in a single given calendar year. In addition, this bill modifies the criteria for RPPCs to include a recycling rate of 45 percent for a single resin type, as demonstrated to the CIWMB. This bill also establishes an additional compliance option under the RPPC law for manufacturers that utilize an amount of California-generated recycled plastic in any RPPC and specifies that a product manufacturer cannot be fined under the RPPC law as a result of false claims made by a container manufacturer. (Chapter 666)

SB 772 (Ducheny)–Environment: Border Region: Waste and Used Tires–SB 772 requires the CIWMB to include as a program element of its five-year plan for tires, border region activities conducted in coordination with CalEPA. Such activities would include: training programs, environmental education, waste tire abatement, tracking tire flow across the border, and coordination with regard to environmental and control requirements. (Chapter 214)

SB 828 (Maldonado)–Public Contracts–AB 828 exempts all State credit card (Cal Card) purchases of under $2,500 from the majority of California’s purchasing certification requirements, including environmental purchasing requirements, anti-sweatshop requirements, and encouraging the purchase of US-manufactured products. This bill sets an annual cap on the exemption of $7,500. (Chapter 381)

SB 1106 (Committee on Environmental Quality)–Public Contracts: Procurement: Recycled Goods: Solid Waste–SB 1106 is a cleanup measure that consolidates, updates, and clarifies existing recycling laws, eliminates duplicative provisions, and establishes or restates recycling goals and reporting requirements for State and local agencies. (Chapter 590)

2004 | 2003 | 2002 | 2001 | 2000

Statutes of 2004

AB 923 (Firebaugh)–Air Pollution–AB 923 established various funding mechanisms for air pollution control efforts throughout the state. As it pertains to the Integrated Waste Management Board, it increased the Tire Recycling Fee from $1.00 to $1.75 with the increase earmarked for the Air Pollution Control Fund administered by the Air Resources Board. (Chapter 707)

AB 1353 (Matthews)–Treated Wood Waste Disposal–AB 1353 required treated wood waste, as defined, to be disposed of in either a Class I hazardous waste landfill or in a composite-lined portion of a solid waste landfill unit. The bill required the Department of Toxic Substances Control to adopt regulations establishing management standards for treated wood waste as an alternative to the requirements specified in the hazardous waste control laws by January 1, 2007. (Chapter 597)

AB 1802 (Bogh)–Illegal Dumping: Penalties–AB 1802 increased the amounts for fines imposed for illegally dumping waste matter in commercial quantities. Additionally, this bill added asphalt and concrete to the types of materials that may not be dumped in certain locations. (Chapter 137)

AB 1873 (Hancock)–Solid Waste: Recycling Market Development–AB 1873 extended the sunset on the CIWMB’s Recycling Market Development Revolving Loan Program from July 1, 2006 until July 1, 2011. (Chapter 500)

AB 2159 (Reyes)–Solid Waste Facilities: Orders–AB 2159 specified that the prohibition on operating a solid waste facility without a permit includes the operation of a solid waste facility without a required solid waste facilities permit or the operation of a solid waste facility outside the permitted boundaries specified in a solid waste facilities permit. This bill required an enforcement agency to issue a cease and desist order to a person who owns a solid waste disposal site, who is disposing of solid waste, who is operating a solid waste facility, or who is engaged in solid waste handling activities, if the enforcement agency finds that the person does not hold a full solid waste facilities permit authorizing that activity or is not authorized to engage in that activity. The bill required the order issued by an enforcement agency to require the cessation of all activities for which a permit is required until the permit or other authorization is obtained. (Chapter 448)

AB 2176 (Montanez)–Large Venue and Event Recycling Programs–AB 2176 requires the CIWMB, by April 1, 2005, to make available one or more model local agency ordinances to facilitate solid waste reduction, reuse, and recycling programs at large venues and large events, consult with specified entities while developing the model ordinances, and post specified information on the CIWMB’s website. This bill additionally required each local agency to provide specified information to operators of large venues and large events when issuing a permit and, by January 1, 2006, and annually thereafter, until January 1, 2008, provide the CIWMB with an estimate and description of the top 10% of large venues and large events within its jurisdiction, based upon amount of solid waste generated, as submitted by operators at large venues and large events. The CIWMB was required, by December 1, 2008, to evaluate the waste diversion rates and implementation of waste reduction, reuse and recycling plans in the top 10% of large venues and large events as reported by each local agency, and, if it determines that less than 75% of the plans have been prepared or implemented, to recommend to the Legislature those statutory changes needed to require operators of large venues and large events to implement solid waste reduction, reuse, and recycling plans. This bill prohibited a local agency from issuing any building permit to a development project, unless the development project provides adequate areas for collecting and loading recyclable materials. The bill authorized a local agency to collect a fee from the operator of a large venue or large event in order to recover the local agency’s estimated costs incurred in complying with the provisions of this bill. (Chapter 879)

AB 2277 (Dymally)–Hazardous Waste–AB 2277 changed the definition of “materials that require special handling” and prohibited the disposal of those materials at a solid waste facility. This bill additionally required those materials to be removed from major appliances in which they are contained before the appliance is crushed, baled, shredded, or sawed or sheared apart, or otherwise processed in a manner that could result in the release or prevent the removal of materials that require special handling. The bill required a person who transports, delivers, or sells discarded major appliances to a scrap recycling facility, after January 1, 2006, to provide evidence that the person is a certified appliance recycler, except as specified, and prohibited a scrap recycling facility from accepting a discarded major appliance, after January 1, 2006, from any person who is not a certified appliance recycler. (Chapter 880)

AB 2701 (Runner)–Environmental Protection: Reports–AB 2701 established a process for converting reports and other documents that state agencies are required to develop and disseminate from paper to electronic means and compact discs, and eliminated various outdated reporting requirements and regulatory adoption requirements. (Chapter 644)

AB 2901 (Pavley)–Cell Phones: Recycling–AB 2901 enacted the Cell Phone Recycling Act of 2004, which made it unlawful to sell, on or after July 1, 2006, a cell phone in this state to a consumer unless the retailer of the cell phone complies with the Act. The bill required a retailer selling a cell phone to have in place, by July 1, 2006, a system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. (Chapter 891)

SB 50 (Sher)–Solid Waste: Hazardous Electronic Waste–SB 50 made a number of technical changes to the Electronic Waste Recycling Act of 2003, as enacted by SB 20 (Sher), Chapter 526, Statutes of 2003. In addition, it moved the date for collection of the E-Waste Fee from November 1, 2004 to January 1, 2005. (Chapter 863)

SB 1362 (Figueroa)–Solid Waste: Household Hypodermic Needles, Syringes, and Lancets: Disposal–SB 1362 stated legislative findings and declarations relating to the disposal of hypodermic needles, syringes, and lancets. This bill specified that a household hazardous waste collection facility may accept sharps waste under specified conditions and define the term “sharps waste.” Additionally, this bill would specify that a household hazardous waste element may include a program for the safe collection and disposal of sharps waste. (Chapter 157)

SB 1729 (Chesbro)–Plastic Containers: Recycling–SB 1729 narrowed the definition of recycling rate in the Rigid Plastic Packaging Container Program, administered by the CIWMB. It also deleted the requirement that RPPCs that contain cosmetics and food and are recycled be included in calculating recycling rates. (Chapter 561)

SB 1749 (Karnette)–Composting–SB 1749 prohibits the sale of plastic bags within the state, which are labeled “compostable” or “degradable” or “biodegradable” unless the bags conform to standards set by the American Society for Testing and Materials. (Chapter 619)

Statutes of 2003

AB 28 (Jackson)–Public Resources–AB 28 made several structural changes to the Department of Conservation’s Beverage Container Recycling and Litter Reduction (Bottle Bill) Program, including increasing the California Redemption Value (CRV) imposed on retail consumers. (Chapter 753)

AB 121 (Simitian)–Large passenger vessels: water quality–AB 121 prohibited cruise ships from discharging sewage sludge and oily bilge water into State waters and national marine sanctuaries along the coast. (Chapter 488)

AB 260 (Jackson)–State highways: litter control–AB 260 required the California Department of Transportation to assign a high priority within its maintenance programs relating to litter cleanup and abatement to litter cleanup along State highway segments adjoining storm drains, waterways, and other environmentally sensitive areas. (Chapter 489) (Chapter 205)

AB 455 (Chu)–Packaging materials: regulated materials–AB 455 enacted the “Toxics in Packaging Prevention Act” and defined specific terms. The act prohibits, on and after January 1, 2006, a manufacturer, importer, agent, or supplier, as defined, from offering for sale or for promotional purposes in this State a package or packaging component that includes a regulated metal, defined as lead, cadmium, mercury, or hexavalent chromium, if that regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution, as defined. In addition, the act prohibits, on or after January 1, 2006, a manufacturer, importer, agent, or supplier, as defined, from offering for sale or for promotional purposes in this State a product in a package those intentionally introduced regulated metals. The bill prohibited, on or after January 1, 2006, the sum of the incidental total concentration levels of all regulated metals present in a single-component package or individual packaging component from exceeding 100 parts per million by weight. (Chapter 679)

AB 844 (Nation)–Replacement Tire Efficiency Program–AB 844 required the State Energy Resources Conservation and Development Commission, in consultation with the IWMB, to adopt, on or before July 1, 2007, and implement, no later than July 1, 2008, a replacement tire efficiency program of statewide applicability for replacement tires for passenger cars and light-duty trucks. The program is to be designed to ensure that replacement tires sold in the State are at least as energy efficient, on average, as the tires sold in the State as original equipment on these vehicles. This defined “replacement tire” and required the Commission, in consultation with the IWMB, to review and revise the program as necessary, but not less than once every 3 years. (Chapter 645)

AB 906 (Nakano)–Large passenger vessels: water quality–AB 906 prohibited an owner or operator of a large passenger vessel from releasing, or permitting anyone to release hazardous, or other waste as defined, into marine waters of the State or into a marine sanctuary. This bill required immediate notification to the State Water Resources Control Board (SWRCB) of any release and required the SWRCB to request appropriate federal agencies to prohibit the release of waste by large passenger vessels in marine sanctuaries and to request, if necessary, approval of the State’s prohibition of the release of waste in these areas. (Chapter 494)

AB 1330 (Simitian)–Outdoor Environmental Education Program–AB 1330 established the Outdoor Environmental Education Program, the purpose of which is to foster stewardship of the environment and an appreciation of the importance of the wise use of natural resources. This bill required the State Department of Education to administer the program and, according to a priority system to be developed by the department, select applicants for participation in the program, pursuant to prescribed criteria. This bill required the department to contract with an independent evaluator to conduct an evaluation of the program and submit a report to the Legislature no later than February 1, 2005. This bill provided that the program and its evaluation be implemented only if the Department of Finance determines that private funds are made available for purposes of the costs of the program and its evaluation. (Chapter 663)

AB 1348 (Lowenthal)–Hazardous waste–AB 1348 required, on and after January 1, 2005, an offsite hazardous waste facility operator that rejects an entire shipment or partial shipment of hazardous waste, after signing the manifest, to prepare a new manifest pursuant to a specified procedure, subject to more stringent requirements or preemption under the federal Resource Conservation and Recovery Act (RCRA) of 1976. (Chapter 664)

AB 1360 (Steinberg)–Environmental quality: environmental indicators–AB 1360 required the Office of Environmental Health Hazard Assessment, on behalf of the office of the Secretary for Environmental Protection, beginning on July 1, 2004, and, to the extent that funds are appropriated by the Legislature, to develop and maintain a system of environmental indicators that meets specified objectives. This bill defined the term “environmental indicators” and required the Secretary to periodically assess the ability of the environmental indicators system to meet each of those objectives and the ability of the system to support the development and implementation of agencywide environmental justice strategy. This bill required the Secretary to submit a report on those environmental indicators to the Governor and the Legislature on or before January 1, 2006 and by January 1 every two years thereafter. (Chapter 664)

AB 1497 (Montanez)–Solid waste facilities: permits— AB 1497 required applicants for solid waste facilities permits to submit to a local enforcement agency (LEA), with the closure and postclosure plan, a Labor Transition Plan (Plan) and certification that the Plan will be implemented. The bill required LEAs to submit a proposed determination regarding whether a change to a solid waste facility will be approved to the IWMB for comment, and to hold at least one public hearing on the proposed determination. The bill also required an LEA to submit an appeal of its determination to the IWMB for comment, and to provide public notice for the appeal. The IWMB was required to adopt regulations that define the term “significant change in the design or operation of the solid waste facility that is not authorized by the existing permit” to the extent resources are available. Finally, this bill removed the annual $15,000 cap on civil penalties that an LEA may impose for failure to comply with an enforcement or cease and desist order. (Chapter 823)

AB 1548 (Pavley)–Office of Education on the Environment–AB 1548 renamed the Office of Integrated Environmental Education at the IWMB to the Office of Education on the Environment (OEE), and required that the OEE report to both the Secretary of the California Environmental Protection Agency (CalEPA) and the IWMB when dealing with multi-media educational concepts. This bill required the OEE to work with other State agencies and the State Department of Education to develop environmental principles, model environmental education curriculum, and other materials to be considered by State education agencies as part of their regular review and approval cycles. AB 1548 also required that the OEE work with the CalEPA boards, departments and office to ensure that all educational materials produced, including those produced as the result of regulatory actions, were consistent with approved educational standards. (Chapter 665)

SB 20 (Sher)–Solid waste: hazardous electronic waste–SB 20 enacted the Hazardous Electronic Waste Recovery, Reuse, and Recycling Act of 2003 (Act). The Act required manufacturers of hazardous electronic devices sold in the State to establish and implement a hazardous electronic device recovery system that is certified by the IWMB for the collection, handling, transportation, processing, recovery, reuse, and recycling of hazardous electronic devices sold by the manufacturer. The Act required manufacturers to submit a hazardous electronic device recovery plan to the IWMB or to allow manufacturers to pay a fee in lieu of submitting a recovery plan, and authorized the IWMB to expend the funds on recycling incentive payments to hazardous electronics material handlers, grant funds to local governments and nonprofit agencies, financial incentives to manufacturers, public information programs on recycling of hazardous electronic devices, and funding for the Department of Toxic Substances Control for its costs under the bill. (Chapter 526)

SB 352 (Escutia)–School sites: sources of pollution–SB 352 prohibited a local educational agency from approving the acquisition of a school site within 500 feet of a busy roadway unless the air quality at the site does not pose a health risk to pupils or staff. (Chapter 668)

Statutes of 2002

AB 467 (Strom-Martin)–Integrated Waste Management: Landfill Closure Loan Program–AB 467 will create the Landfill Closure Loan Program (LCLP), which gives the CIWMB authority to offer loans to small rural landfill operators and assist them in closing their facility early to prevent potential threats to the environment. This program creates a zero-interest loan for operators of older-technology, unlined landfills. The LCLP is a continuation of the Facility Compliance Loan Program (FCLP), which uses funds from the Integrated Waste Management Account to address this issue. (Chapter 587)

AB 498 (Chan)–Environmentally Preferable Purchasing–AB 498 will require DGS, in consultation with CalEPA, members of the public, industry, and public health and environmental organizations, to provide State agencies with information and assistance regarding environmentally preferable purchasing. (Chapter 575)

AB 709 (Wayne)–Codisposal Sites: Cleanup–AB 709 will establish that burn dump sites be eligible for cleanup funding from the CIWMB’s Solid Waste Disposal and Codisposal Site Cleanup Program. The bill would prescribe a method for determining whether the CIWMB, Department of Toxic Substances Control, or a regional water quality control board should have oversight authority. (Chapter 589)

AB 1400 (Cogdill)–Mixed Solid Waste Composting Facility: Pilot Project–AB 1400 will require Mariposa County to submit a report to the CIWMB regarding the county’s progress in funding, constructing, and operating a mixed solid waste composting facility in cooperation with Yosemite National Park. (Chapter 381)

AB 1482 (Richman)–Solid Waste Diversion–AB 1482 will encourage the formation of regional agencies, which are formed by agreement to work as a group to meet the requirements of the Integrated Waste Management Act, by permitting the regional agency to equitably distribute fines levied among its members. (Chapter 359)

AB 2166 (Lowenthal)–Hazardous Waste: Used Oil Recycling: Transportation–AB 2166 will require a hazardous waste transporter who transports used oil to provide a written acknowledgment to each generator of used oil from whom the transporter receives used oil, with specified exceptions. The bill will provide that a person who makes a material misrepresentation implementing these requirements is in violation of the hazardous waste control laws. (Chapter 992)

AB 2214 (Keeley)–Low-Level Radioactive Waste Disposal Facility–AB 2214 will prohibit the Department of Health Services (DHS) from issuing or renewing a license for the disposal of low-level radioactive waste (LLRW) unless the siting, design, and operation of the facility complies with Nuclear Regulatory Commission requirements and meets specified minimum standards. This bill will also require DHS to promote the reductions of LLRW generated using specified practices. Finally, this bill specifies that Ward Valley cannot serve as California’s low-level radioactive waste disposal site for purposes of the Southwestern Low-Level Radioactive Waste Disposal Compact. (Chapter 513)

AB 2251 (Nation)–Sudden Oak Death–AB 2251 will require DFFP to implement a program to detect, remove, and treat, if possible, trees infected with Phytophthora Ramorum and will require that the program encourage tree management and replanting, as specified. The bill will require DFFP and DFA to cooperate in enforcing quarantine and pest abatement provisions as they may relate to the program. In addition, the bill requires DFFP to provide information and technical assistance to local agencies, and authorizes DFFP and other State agencies to assist local tree maintenance programs by making surplus equipment available on loan. The bill authorizes DFFP to contract to provide assistance for project costs associated with program implementation. The bill was an urgency measure and took effect on September 25, 2002. (Chapter 854)

AB 2308 (Chavez)–Solid Waste: Inert Waste–This bill will address inequities in the way that inert waste (rock, concrete, brick, sand, soil, ceramics, and cured asphalt) is counted as it relates to diversion from landfills and the State’s 50 percent diversion goal. It would exclude inert waste sent to CIWMB-permitted mine reclamation facilities from disposal reporting. As a result, this bill will directly affect local jurisdictions’ diversion rates. This bill will be implemented retroactively to require that all jurisdictions that disposed of inert waste into one of the three CIWMB-permitted mine reclamation facilities in 2001 remove those tons from their disposal numbers when calculating their diversion rate. This bill will also require that they remove a corresponding amount from their base-year numbers. (Chapter 993)

AB 2312 (Chu)–Environmental Justice: Grant Program–AB 2312 will establish the Environmental Justice Small Grant Program to fund environmental justice projects and would require CalEPA to adopt regulations to administer the program. The grants will be available to community-based, grassroots, and nonprofit organizations with a focus on community-based environmental issues. Federally-recognized tribal governments that are located in areas adversely affected by environmental pollution and hazards are also eligible. Eligible organizations must be involved in work to address environmental justice issues. (Chapter 994)

AB 2356 (Keeley)–Solid Waste: Compost Market–AB 2356 will make findings and declarations regarding the potential threat to composting programs posed by the herbicide clopyralid. The bill requires the DPR to cancel any lawn and turf use if DPR finds that the use of any herbicide may result in residues in compost that are likely to be toxic or injurious to plants. (Chapter 591)

AB 2472 (Simitian)–Pesticides: State Property–AB 2472 will state various findings and declarations of the Legislature relating to pesticide use in State buildings and lands and would state the intent of the Legislature to enact legislation to protect public and environmental health through the use of Integrated Pest Management techniques. This bill will define Integrated Pest Management and will require, upon receipt of appropriate grant funds, that DGS implement a demonstration project to study the use of Integrated Pest Management techniques at the State Capitol Park and its associated grounds, as specified. This bill will also require DGS to present a report to the Legislature on this demonstration project within six months of its implementation. (Chapter 242)

AB 2474 (Simitian)–Automotive Products–AB 2474 will require antifreeze manufacturers to add a bittering agent to ethylene glycol-based antifreeze sold in the State of California–with the exception of bulk sales–to reduce the number of individuals, wildlife, and domestic animals that are poisoned by this product. (Chapter 998)

AB 2486 (Keeley)–Environmental Prosecution–AB 2486 will enact the Environmental Enforcement and Training Act of 2002, and codify the Environmental Circuit Prosecutor Project (ECPP) as a joint project of CalEPA and the California District Attorney’s Association. This project will provide experienced prosecutors, particularly in rural areas, to assist local district attorneys in the prosecution of environmental crimes. The funds to implement this program will be derived from public and private contributions, and from the proceeds of any contributed State or federal court judgments. The funds would be deposited into the Environmental Enforcement and Training Account within the General Fund. (Chapter 1000)

AB 2683 (Pavley)–California Environmental Protection Agency: Reorganization–As introduced, AB 2683 would have codified provisions and statutes that created CalEPA and would have moved sections of the Health and Safety Code and the Government Code to the Public Resources Code. However, this bill was gutted and amended to reflect a new author and unrelated subject matter. (Chapter 955)

AB 2770 (Matthews)–Solid Waste: Conversion Technologies–AB 2770 will require the CIWMB to conduct research on and prepare a report about new and emerging technologies that can convert solid waste residuals otherwise destined for landfills into electricity, alternative fuels, and industrial chemicals. Further, this bill defines the term “gasification” as a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating electricity. (Chapter 740)

SB 648 (Senate Environmental Quality Committee)–Public Contracts: Preferences: Recycled Products–SB 648 will require DGS to revise the list of available recycled products as needed and to include the list in the annual report to the Legislature. This bill will also require State agencies to continually review their procedures for the purchase of lubricating and industrial oils to eliminate any exclusion of recycled oils. (Chapter 408)

SB 649 (Senate Environmental Quality Committee)–Solid Waste Management–SB 649, a noncontroversial cleanup bill, will allow a lien to be attached to affected property that has been cleaned up by the Waste Tire Enforcement Program or the Solid Waste Disposal and Codisposal Cleanup Program. This will reduce court costs because it could obviate the need to file a cost recovery action with the Attorney General’s Office. It will also make several changes to the CIWMB’s local government planning law under the Integrated Waste Management Act and would clarify several changes in waste tire management law made by SB 876 (Escutia, Chapter 838) of 2000. This bill was an urgency measure and took effect on September 17, 2002. (Chapter 625)

SB 1011 (Sher)–Household Hazardous Waste: Environmental Quality Assessment: Mercury-Containing Light Switches–As introduced, SB 1011 would have codified provisions and statutes that created CalEPA. It would have moved sections of law from the Health and Safety Code to the Public Resources Code and required CalEPA to develop and implement a policy to ensure that CalEPA’s budget “as well as the budgets of all boards, departments, and offices” address cross-media environmental issues. This bill was subsequently amended to expand the substances that can be collected under a HHW collection curbside program to include “universal wastes,” or wastes that pose lesser threats to public health and the environment. It will also prohibit curbside HHW collection programs from collecting unpackaged hazardous waste containing mercury and fluorescent light tubes that are 4 feet or longer. (Chapter 626)

SB 1038 (Sher)–Renewable Energy–SB 1038 will reinstate, continue, and modify components of the Renewable Energy Program Investment Plan, and the Public Interest Energy Research Investment Plan. As it relates to solid waste and activities that affect the CIWMB, this bill includes intent language to increase the amount of renewable electricity generated per year to 17 percent of the total electricity generated for consumption by 2006. Landfill gas and digester gas generation technologies are included in the definition of “in-state renewable electricity generation facility” and will thus count towards this goal. The bill also will newly define “solid waste conversion” to refer specifically to non-combustion thermal processes and include these in the definition of “in-state renewable electricity generation facility.” Waste tire and municipal solid waste combustion processes would be excluded. (Chapter 515)

SB 1170 (Sher)–State Vehicle Fleet–SB 1170 will establish a structure to minimize the use of petroleum-based fuels and other transportation fuels by State agencies to encourage the purchase of ultra-low emission vehicles and zero-emission vehicles and fuel-efficient replacement tires for the State fleet. (Chapter 912)

SB 1328 (Chesbro)–Solid Waste: Illegal Disposal: Abatement Grants–SB 1328 will make several changes that are likely to increase the number of participants in the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program. It will expand eligibility from cities and counties to include resource conservation districts and Native American Tribes, and increase grant award limits. This bill also makes technical and clarifying changes to existing law. (Chapter 628)

SB 1346 (Kuehl)–Solid Waste: Tire Recycling Program: Rubberized Asphalt Concrete: Public Works Projects–SB 1346 will authorize, but not require, the CIWMB to implement a program to award grants to local government entities for funding of public works projects that use rubberized asphalt concrete (RAC). The bill will specify the size of project and the level of crumb rubber use required for grant eligibility, as well as the size of the grants. The bill will specify, to the extent possible, that total grants per year be equal to 16 percent of the funds budgeted for market development and new technology activities for used and waste tires. (Chapter 671)

SB 1374 (Kuehl)–Solid Waste: Construction and Demolition Waste Materials: Diversion Requirements: Model Ordinance–SB 1374 will require the CIWMB, by March 1, 2004, to adopt a model ordinance suitable for adoption by any local agency to require 50 to 75 percent diversion of construction and demolition (C&D) waste materials from landfills. It will require jurisdictions to summarize progress made in diversion of C&D waste materials in their annual progress reports to the CIWMB. In determining penalties for a jurisdiction’s failure to implement its source reduction and recycling element or its household hazardous waste element, the bill requires CIWMB to determine the following: 1) if the jurisdiction has provided information on whether C&D waste materials are at least a moderately significant portion of the waste stream; 2) if so, whether the jurisdiction has adopted a local C&D ordinance, adopted the CIWMB’s model ordinance, or implemented another C&D diversion program. (Chapter 501)

SB 1393 (Romero)–Hazardous Wood Waste: Playground Equipment: Arsenical Preservatives–As introduced, SB 1393 would have enacted new requirements and prohibitions concerning the sale and use of wood, and the management and disposal of wood waste that is pressure-treated with specified wood preservatives. Prior to being chaptered, this bill was amended to change author and subject matter. (Chapter 628)

Statutes of 2001

AB 173 (Chavez)–Solid Waste: Fees–AB 173 will extend the sunset date on the provision of law providing that the use, disposal, or placement of inert waste (rock, concrete, brick, sand, soil, and cured asphalt) for purposes of surface mining reclamation is not subject to a tipping fee. The sunset date will be extended from January 1, 2002, until the operative date of CIWMB regulations. This bill requires that the CIWMB promulgate regulations by January 1, 2004. (Chapter 811)

AB 192 (Canciamilla)–Public Records: State Bodies: Open Meetings–AB 192 will require additional public notice under the Bagley-Keene Open Meeting Act and make various changes relative to meetings of State bodies. (Chapter 243)

AB 414 (Dutra)–Hazardous Waste Disposal: Lead: Nickel: Copper–AB 414 will restore the ability of Caltrans and other public transportation entities to be granted variances by the DTSC to reuse lead-contaminated soils in highway improvement projects. This bill also extends the sunset date of the statute specifying that certain wastes must be disposed of at a Class I hazardous waste facility unless certain exemptions apply. The original sunset date of July 1, 2003, is now July 1, 2006. This bill was an urgency measure that took effect on October 14, 2001. (Chapter 861)

AB 560 (Jackson)–Oil: Local Used Oil Collection Programs: Stormwater Runoff Pollution–AB 560 will allow local governments to use the CIWMB’s Used Oil Block Grant Program to address stormwater runoff pollution from oil and oil by-products if the local government has already complied with existing statutory uses of the program. The local government must have also adopted and be implementing an approved stormwater management program. This is in keeping with the intent of the California Oil Recycling Act. It also provides another facet of used oil management for local governments. (Chapter 500)

AB 1187 (Simitian)–Solid Waste: Recycling: Tires: Permits: Used Oil–AB 1187 will make technical clarifying changes to sections of the Public Resources Code. It removes the gallon limit from the Certified Used Oil Collection Center requirements to encourage more centers to collect oil from small generators. AB 1187 also clarifies that all tire haulers, not just registered haulers, must comply with the manifest system. It also allows tire haulers to submit their manifests electronically. AB 1187 also clarifies that the involvement of district attorneys and county counsels in the tire remediation process “when a violator fails to respond to a CIWMB cleanup or abatement order” should be permissive. This would take place only if the Attorney General is unable to file the petition. Lastly, under current law the CIWMB is permitted to award no more than $3 million for household hazardous waste grants. AB 1187 increased that limit to $5 million per year, if sufficient funds are appropriated in the annual budget from the Integrated Waste Management Account for this purpose. (Chapter 316)

AB 1201 (Pavley)–Oil: Stormwater Pollution: Used Oil Recycling Fund–AB 1201 will add stormwater pollution mitigation and education projects to the activities considered as eligible projects for the various competitive grant programs funded through the California Used Oil Recycling Fund, upon approval of the CIWMB. (Chapter 317)

AB 1553 (Keeley)–Environmental Justice: Guidelines–AB 1553 will require OPR to adopt guidelines for addressing environmental justice matters in city and county general plans. This may be beneficial to local governments that are interested in incorporating environmental justice into their planning but are unsure of how to do so. This bill does not require any jurisdiction to adopt the guidelines. (Chapter 762)

SB 88 (Costa)–Air Pollution: Odors–SB 88 will extend the January 1, 2002, sunset date on a provision of law stating that odors emanating from a composting operation fall within the jurisdiction of a local enforcement agency and not the local air quality management district. The sunset will be extended until April 1, 2003, or until the CIWMB adopts regulations governing the operation of compost facilities. (Chapter 424)

SB 373 (Torlakson)–School Districts: Solid Waste Recycling–SB 373 will codify and provide additional direction to existing efforts to ensure that the children of California learn the valuable lessons of resource conservation. SB 373 will strengthen the education framework in science by including environmental concepts. It will also provide for incentives to schools to assist in the development and implementation of environmental education programs through a $1.5 million grant program funded through the Integrated Waste Management Account. SB 373 will codify the existing Office of Integrated Environmental Education at the CIWMB and requires it to develop and implement a unified environmental education strategy on the environment for elementary and secondary schools in the state. SB 373 contains other related provisions. (Chapter 926)

SB 470 (Sher)–Hazardous Waste Control–SB 470 will correct a number of technical issues in the hazardous waste law overseen by DTSC and exempt an engine oil management technology from regulation under the hazardous waste law. It will also raise the limit on the number of gallons of used oil that may be transported by a person per day from 20 to 50 gallons. (Chapter 605)

SB 481 (Speier)–Vehicle: Dealers: Licenses–SB 481 will exclude the cost of the California Tire Fee from the advertised price of a new car. (Chapter 441)

SB 624 (Soto)–Vehicle Cover–SB 624 will clarify that waste being transported must be covered. The bill adds cardboard to the definition of waste, pursuant to this provision. (Chapter 279)

SB 633 (Sher)–Hazardous and Solid Waste: Mercury–SB 633, the California Mercury Reduction Act of 2001, will set forth provisions to reduce the amount of mercury added to the environment by broken and discarded fever thermometers, by discarded novelty products, and by school science materials. It will add penalties for failure to comply with existing law regarding removal of hazardous materials from appliances, and it will establish a program to encourage replacement and recycling of mercury-containing motor vehicle light switches. Finally, it will prohibit the sale in California of mercury-containing motor vehicle light switches after January 1, 2005. (Chapter 656)

SB 828 (Alarcon)–Environmental Justice–SB 828 will create deadlines for the Work Group on Environmental Justice. The bill requires all boards, departments, and offices within the CalEPA to review their programs, policies, and activities and identify and address any gaps relating to environmental justice. (Chapter 765)

SB 1127 (Karnette)–Rigid Plastic Packaging–SB 1127 will require the CIWMB to conduct a study regarding the use and disposal of polystyrene in California. The report will be submitted to the Legislature and the Governor by January 1, 2003. (Chapter 406)

SB 1158 (Knight)–Aerosol Can Recycling–SB 1158 will allow on-site aerosol can hazardous waste treatment to fall under the universal waste rule. This will allow household hazardous waste collection centers, as well as other on-site hazardous waste generators, to bypass the certification process and adopt the inspection requirements that come with the universal waste rule instead. (Chapter 450)

SBX1 5 (Sher)–State Energy Projects–SBX1 5 will enhance the existing low-income energy assistance programs, established a variety of energy efficiency programs, and create a program to increase distributed electric generation capacity, particularly with respect to State and municipal buildings. (Chapter 7)

Statutes of 2000

SB 1906 (Sher)–Beverage Containers: Enforcement-SB 1906 required a distributor of specified beverage containers to pay a redemption payment to the Department of Conservation, each beverage container, as defined, sold or transferred, for deposit in the California Beverage Container Recycling Fund and provides for an increase in that payment. This bill also amended the definition of beverage. (Chapter 731)

AB 1822 (Wayne)–Administrative Procedure Act: Regulation Implementation–AB 1822 made various revisions to the Administrative Procedure Act, which generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by State agencies. Among other things, AB 1822 authorized, and in some cases required, the use of electronic communications in the rulemaking process and included minor improvements to the rulemaking procedure. It also refined exceptions to the rulemaking requirements. (Chapter 1060)

AB 1936 (Papan)–State Contracts: Claims Against the State–AB 1936 clarified that State agencies are required to make a payment within 45 days of a receipt of an undisputed invoice. (Chapter 151)

AB 2244 (Lowenthal)–Regulated Substances: Local Agencies–AB 2244 allowed cities or counties, required by current law to formally notice the public and CalEPA when adopting, amending, or repealing an ordinance related to the regulation of regulated substances, to also submit the full text of the ordinance and a summary of any violations of the ordinance to CalEPA. (Chapter 294)

AB 2282 (Davis)–Public Records: Resolution of Enforcement Actions–AB 2282 required all of the boards and departments within CalEPA to display on their Web sites for not less than one year, every final enforcement order issued if the order is a public record that is not exempt from disclosure under the California Public Records Act. (Chapter 783)

AB 2301 (Lowenthal)–State Agencies: Contracts–AB 2301 authorized each State agency to contract with a joint powers authority to perform examinations and related services, as specified, subject to the approval of the Director of General Services, or to other approval as required by law; and authorized the Cooperative Personnel Services Joint Powers Authority (CPSJPA) to administer examinations and perform related services for State agencies with respect to the issuance of professional and vocational licenses, certifications, commissions, permits, or other similar accreditations, subject to the approval of the Director of General Services, or to other approval as required by law. (Chapter 62)

AB 2799 (Shelley)–Public Records: Disclosure–AB 2799 revised various provisions in the California Public Records Act (CPRA) in order to make available public records, not otherwise exempt from disclosure, in an electronic format, if the information or record is kept in electronic format by a public agency. The bill specified costs the requester would bear for obtaining copies of records in an electronic format; and added to the unusual circumstances that would permit an extension of time to respond to a public records request, the need of the agency to compile data, write programming language, or construct a computer report to extract data. It also required that a response to a request for public records that included a denial, in whole or in part, be in writing, and provided that the CPRA shall not be construed to permit an agency to delay or obstruct either the inspection or copying of public records. (Chapter 982)

AB 2825 (Battin)–Biomass Facilities: Grant Program–AB 2825 made three “clean-up” changes to the Central Valley Agricultural Biomass-to-Energy Incentive Grant Program, enacted by Chapter 144, Statutes of 2000 (AB 2872, Shelley). It revised the name of the program by dropping the reference to “Central Valley” and the definition of the term “facility.” It also revised the definition of the term “qualified agricultural biomass.” (Chapter 739)

AB 2872 (Shelley)–Resources and Environmental Protection: Biomass Facility Grant Program–AB 2872 was the omnibus environmental protection trailer bill that implemented the policy put forward in the Budget Bill, AB 1740. With respect to the IWMB, the bill dealt only with the Central Valley Agricultural Biomass-to-Energy Incentive Grant Program. This program permits air districts to receive grants, a total of $30 million over three years, from the Trade and Commerce Agency to provide incentives to facilities that convert qualified agricultural biomass to fuel. The IWMB is included as a member of a multi-agency review panel that would review all complete and eligible grant applications, as well as report to the Legislature on the results and effectiveness of the grant program by January 1, 2003. (Chapter 144)

SB 89 (Escutia)–Environmental Quality: Minority and Low-Income Populations–SB 89 required the Director of the Office of Planning and Research to include in the Working Group on Environmental Justice, those entities with whom he/she consults on environmental justice issues. It also required the Secretary of the California Environmental Protection Agency (CalEPA) to convene a Working Group on Environmental Justice and an advisory committee to develop and implement an agency-wide environmental justice strategy by January 15, 2000. The bill also required a report to the Governor and the Legislature on the implementation of this measure no later than January 1, 2006, and every three years thereafter. CalEPA must then post the full text and summary of violations or a link to the full text and summary on CalEPA’s Web site. (Chapter 728)

SB 761 (Sher)–Environmental Quality–SB 761 required the Office of Planning and Research to establish and maintain a central repository for the collection, storage, retrieval, and dissemination of specified notices provided to OPR, and to make the notices available through the Internet. It also authorized OPR to coordinate with another State agency in order for that agency to make the notices available through the Internet. (Chapter 716)

SB 876 (Escutia)–Waste and Used Tires–SB 876 raised and extended the tire fee to provide for an emergency reserve fund, tire pile cleanup, a tire hauler manifest system, and increased tire disposal enforcement efforts. It changed the amount and collection point of the tire fee. The fee increased to $1.00 per tire, paid by the retail seller for each new tire purchased from a tire wholesaler. Further, SB 876 revised the definitions of “waste tire,” “used tire,” “altered waste tire,” “crumb rubber,” “tire derived product,” and “scrap tire.” Additionally, the bill made a continuous appropriation from the California Tire Recycling Management Fund, but limited the purposes for which the money from this fund can be expended. (Chapter 838)

SB 2067 (Bowen)–Records–SB 2067 required the Secretary of State, in consultation with the Department of General Services (DGS), to approve and adopt uniform statewide standards for the purposes of storing and recording permanent and nonpermanent documents in an electronic format. It also requires that, until the time that statewide standards are adopted, that microfilming, electronic data imaging, and photographic reproduction are done in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute (ANSI) or the Association for Information and Image Management (AIIM). (Chapter 569)

SB 2202 (Senate Environmental Quality Committee)–Waste Management: Diversion Reports–SB 2202 made a number of changes to the municipal solid waste diversion requirements under the Integrated Waste Management Act. These changes included revision of the statutory requirement for 50% diversion to state that local governments shall divert 50% of all solid waste on and after January 1, 2000. It also allowed a local government to include in its annual report to the IWMB factors that affect accuracy of the waste disposal calculation. The measure also required that the IWMB submit a report to the Legislature by January 1, 2002, evaluating the existing disposal reporting system. (Chapter 740)

1999 | 1998 | 1997 | 1996 | 1995

Statutes of 1999

AB 18 (Villaraigosa and Keeley)–Bond: Parks, Water, and Coastal Protection Act–AB 18 enacted the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley), which placed a measure on the March 2000 ballot authorizing the sale of $2.1 billion in general obligation bonds. These bonds will finance the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, river, and coastal resources, as specified. The measure expressed legislative intent that every State and local government agency who is a recipient of bond funds give full consideration to the use of recycled and reusable products whenever possible in carrying out the activities detailed in the measure. This bill took effect in September 1999. (Chapter 461)

AB 75 (Strom-Martin)–State Agency Recycling: Waste Diversion: Community Service Districts–AB 75 required each State agency or large State facility to develop an integrated waste management plan by July 1, 2000, in consultation with the IWMB, and divert at least 25 percent of its solid waste from landfills by January 1, 2002, and 50 percent by January 1, 2004. Additionally, the measure required each community service district that provides solid waste services to report disposal and diversion information to the city, county, or regional agency where the district operates. (Chapter 764)

AB 187 (Hertzberg)–Grant Information Act of 1999–AB 187 established the Grant Information Act of 1999 and authorized State agencies to make available on the Internet a listing of all grants administered by that agency and related information. This measure authorized each State agency to make available on the Internet any printed grant application form used by the agency to award grants administered by that agency. (Chapter 405)

AB 241 (Cunneen)–Hazardous Waste Codes–AB 241 deleted the requirement that the revised code identification system require hazardous wastes that are identified pursuant to the RCRA hazardous waste identification criteria, but that are not regulated under RCRA, to be identified by a RCRA code. Instead, this bill prohibited the revised code system from requiring non-RCRA hazardous wastes to be identified by a RCRA hazardous waste code. AB 241 also deleted obsolete provisions regarding the procedures for the revision of those regulations. Finally, AB 241 increased the transition time for compliance with the revised hazardous waste code system from one year to three years. (Chapter 401)

AB 387 (Wildman)–School Facilities Construction: Site Contamination–AB 387 clarified procedures and specified responsibilities for acquisition of sites and construction of school facilities that may present a significant risk of exposure to hazardous materials. It also delineated conditions under which State funds may be used for remediation efforts. (Chapter 992)

AB 514 (Thomson)–Solid Waste: Biomass Conversion–AB 514 revised the definition of biomass conversion to include the controlled combustion of nonrecyclable pulp or nonrecyclable paper materials and excludes the controlled combustion of recyclable pulp or recyclable paper materials. The definition of biomass conversion is used to determine whether a local jurisdiction can claim up to 10 percent of the 50 percent by the year 2000 diversion mandate from biomass conversion. (Chapter 439)

AB 883 (Sher)–Beverage Containers–AB 883 required DGS, if it proceeds to acquire the facilities within the Capitol Area Plan in Sacramento on a design-build basis, to provide the Legislature, beginning on July 1, 1999, and every three months thereafter, with a status report on the design-build approach and a final report when the facilities are completed. (Chapter 625)

AB 963 (Gallegos)–Automotive Products: Coolants and Antifreeze–AB 963 added a condition that must be met before the CDFA grants a variance from normal chloride specifications for recycled motor vehicle engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze. AB 963 also extended the sunset date for standards used by the CDFA for recycled engine coolants and antifreeze from January 1, 2000, to January 1, 2003. (Chapter 494)

AB 992 (Wayne)--Solid Waste Disposal Sites: Cleanup AB 922–Limited administrative expenditures for the Solid Waste Disposal and Co-disposal Cleanup Program (AB 2136 Program) to not more than 5 percent of the amount annually appropriated in the Budget Act unless the Budget Act specifies a different amount and removed the $5 million annual expenditure cap on the Solid Waste Cleanup Trust Fund. It also increased AB 2136 Program flexibility by allowing the IWMB to award matching grants and make loans for the cleanup of eligible sites. With these changes, this measure increased the resources annually available to the AB 2136 Program and enhanced the IWMB�s ability to cleanup high priority and/or more costly sites. (Chapter 496)

AB 1014 (Cardoza)–School Instructional Gardens–AB 1014 statutorily established an existing grant program-the Instructional School Gardens Program-administered by the SDE. The Program provides grants and technical assistance to K-12 schools and county offices of education to build school gardens. (Chapter 713)

AB 1055 (Villaraigosa)–Playground Equipment and Facilities–AB 1055 enacted the Playground Safety and Recycling Act of 1999. The Act established, until July 1, 2003, the playground safety and recycling grant program administered by the IWMB. The purpose of the Act is to provide grants to local agencies for the improvement or replacement of playgrounds. The measure created the Playground and Recycling Account in the State treasury for administration of funds, and authorized moneys in the account to be expended, upon appropriation by the Legislature, for the purposes of the program and for the administrative costs incurred by the IWMB. Additionally, the measure provided that, as a condition for a local agency to be eligible for grant funds, the funds would be used for the improvement or replacement of playground equipment or facilities through the use of recycled materials. (Chapter 712)

AB 1102 (Jackson)–Environmental Protection–AB 1102 established within CalEPA a deputy secretary for law enforcement and counsel with the following responsibilities: the development of a program to ensure consistent, effective, and coordinated compliance and enforcement actions to protect public health and the environment; establishment of a cross-media enforcement unit with the Attorney General�s office; and referral of violations of law or regulation within the jurisdiction of CalEPA to the Attorney General. Additionally, the measure established within CalEPA a deputy secretary for external affairs who shall provide public outreach, communication to individuals and communities impacted by permitted activities, and technical support to businesses subject to regulation by a board or department of CalEPA. Finally, the measure required the CalEPA Secretary to establish permit assistance centers throughout the State and an on-line permit assistance center to provide businesses and other entities with assistance in complying with laws and regulations implemented by a board or department of CalEPA. (Chapter 65)

AB 1244 (Olberg)–Beverage Containers–AB 1244 made several revisions to the California Beverage Container Recycling and Litter Reduction Act, through several technical clean-up changes to SB 332 (Sher/Burton), Chapter 815, Statutes of 1999. (Chapter 817)

AB 1364 (Migden)–Recycling Market Development Loan Program–AB 1364 reorganized various provisions related to the IWMB Recycling Market Development Loan Program. The bill reauthorized provisions that enable a local government to propose recycling market development zones, and allows the IWMB to participate in the California Capital Access Program (CalCAP). Additionally, AB 1364 authorized the IWMB to finance up to three-fourths of the cost of each project or not more than $2 million, whichever is less, and extends the term for loans collateralized by real estate from 10 to not more than 15 years. Finally, this measure authorized the IWMB to fund recycling-based businesses within a RMDZ, or in areas outside zones where specific partnerships exist with other public entities. (Chapter 467)

AB 1497 (Floyd and Oller)–Solid Waste: Purchase of Printer or Duplicator Cartridges–AB 1497 prohibited a State agency from purchasing any printer or duplication cartridge for which the manufacturer, wholesaler, distributor, retailer, or remanufacturer places restrictions on the recycling or remanufacturing of that cartridge by any other person. (Chapter 910)

AB 1672 (Assembly Judiciary Committee)–Civil Actions:Eminent Domain:Waste Management–Among other things, AB 1672 authorized an attorney representing the IWMB, or an LEA, to convert certain administrative penalties into civil judgements in Superior Court without involving the Attorney General. This action streamlined the penalty collection process by eliminating an extra administrative step. (Chapter 892)

AB 1692 (Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee)–Administrative Adjudication: Decisions–AB 1692 revised the procedural requirements relating to the disposition of contested administratively adjudicated cases. (Chapter 339)

SB 1 (Sher)–Beverage Containers–SB 1 extended by one year, from January 1, 1999, to January 1, 2000, provisions of the California Beverage Container Recycling and Reduction Act relating to processor handling fees paid by beverage manufacturers, and the payment of handling fees to convenience zone recyclers and allocations for curbside programs. This measure took effect January 28, 1999. (Chapter 1)

SB 47 (Sher)–Hazardous Substance Account: Extension–SB 47 repealed the residual portions of the State Superfund law that were not sunsetted on January 1, 1999, and reenacted the law as it existed prior to that date. Additionally, SB 47 reenacted the Carpenter-Presley-Tanner Hazardous Substance Account Act. This measure took effect May 26, 1999. (Chapter 23)

SB 115 (Solis)–Environmental Justice–SB 115 enacted the California Environmental Justice Act of 1999, which requires OPR, on or before January 15, 2001, in consultation with State agencies, local agencies, and affected communities, to develop a State interagency environmental justice strategy that addresses any disproportionately high and adverse human health or environmental effects of programs, policies, and activities on minority populations and low-income populations. SB 115 required that, by July 1, 2001, OPR recommend proposed changes in, and the Secretary of Resources certify and adopt revisions to, the California Environmental Quality Act (CEQA) guidelines. On or before July 1, 2000, OPR, in consultation with other State agencies, is also required to review its available databases and specified information to identify communities and populations affected by disproportionately high and environmental effects of projects. Each State agency is required to make the achievement of environmental justice part of its mission by identifying and addressing disproportionately high and adverse human health or environmental effects of its programs, policies and activities on minority populations and low-income populations in California. (Chapter 690)

SB 160 (Peace)–1999-2000 Budget–SB 160 made appropriations for support of State government for the 1999-2000 Fiscal Year. This measure took effect July 1, 1999. (Chapter 50)

SB 162 (Escutia)–School Facilities: Contamination–SB 162 prohibited the governing board of a school district from approving the acquisition or construction of school sites unless specified environmental assessments are conducted. (Chapter 1002)

SB 231 (Senate Local Government Committee)– Validations–SB 231 enacted the First Validating Act of 1999, which validated the organization, boundaries, acts, proceedings, and bonds of the State and counties, cities, and specified districts, agencies, and entities. Garbage and refuse districts and garbage disposal districts are not included under this legislation. (Chapter 19)

SB 232 (Senate Local Government Committee)– Validations–SB 232 enacted the Second Validating Act of 1999, which validated the organization, boundaries, acts, proceedings, and bonds of the State and counties, cities, and specified districts, agencies, and entities. Garbage and refuse districts and garbage disposal districts are included under this legislation. (Chapter 266)

SB 233 (Senate Local Government Committee)– Validations–SB 233 enacted the Third Validating Act of 1999, which validated the organization, boundaries, acts, proceedings, and bonds of the State and counties, cities, and specified districts, agencies, and entities. Garbage and refuse districts and garbage disposal districts are included under this legislation. (Chapter 267)

SB 332 (Sher)–Beverage Containers–SB 332 made numerous revisions to the California Beverage Container Recycling and Litter Reduction Act. Among other things, the measure expanded the definition of “beverage” to include carbonated and noncarbonated water, noncarbonated soft drinks and sport drinks, noncarbonated fruit drinks containing any percentage of fruit juice, coffee and tea drinks, and carbonated fruit drinks if those products are sold in plastic, glass, bi-metal, or aluminum containers in liquid, ready-to-drink form and intended for human consumption. SB 332 specifically excluded from this definition milk, medical food, infant formula, and 100 percent fruit juice in containers of 46 ounces or more. Additionally, SB 332 required the IWMB, in consultation with the DOC, not later than December 1, 2000, to prepare and submit to the Legislature a report identifying any duplication or overlap between the California Integrated Waste Management Act of 1989 and the California Beverage Container Recycling and Litter Reduction Act, with respect to programs pertaining to public information and education, local government review and assistance, and recycled materials market development. (Chapter 815)

SB 407 (Alpert)–Medical Waste: Disposal–SB 407 revised the conditions required for disposal of medical waste to a public sewage system, including an authorization to treat a medical waste that is a specified type of biohazardous waste by chemical disinfection if certain requirements are met. (Chapter 139)

SB 515 (Chesbro)–Waste Management–SB 515 exempted use, disposal, or placement of inert waste at surface mine reclamation sites from the current Integrated Waste Management Fee ($1.34 per ton). The measure also deleted the requirement that the IWMB adopt regulations that define “rural area,” and instead defined “rural area” in statute as those cities and counties located in agricultural or mountainous areas of the state and located outside the DOF’s Primary Metropolitan Statistical Areas. Finally, the measure revised the definition of “rural city,” and allowed a regional agency to be eligible for a reduction in planning requirements if all member jurisdictions are cities located in both a rural area and a rural county, and the unincorporated portion of a county. (Chapter 600)

SB 827 (Sher)–Recycled Materials–SB 827 required the use of recycled materials in pavement applications and road construction, unless the Director of Transportation determines that the use of the materials is not cost effective. The measure required the consideration of specific factors in determining cost effectiveness and eliminates initial cost as one of those factors. In addition, SB 827 required that the DGS purchase at least 50 percent of its paper products as recycled paper products and deleted the requirement that other State agencies submit recycled paper product purchasing plans to the DGS. The measure mandated the DGS to establish a 50 percent requirement for purchase by State agencies of various goods, materials, supplies, and products by State agencies. The measure required the Legislature to purchase at least 50 percent of its paper products as recycled paper products. (Chapter 816)

SB 1055 (Bowen)–Solid Waste: Tires–SB 1055 allowed the IWMB to obtain access to a site where tires are unlawfully housed when the situation presents a significant threat to public health or the environment. The measure also required the IWMB, in conjunction with the annual State budget submitted to the Legislature, to submit to the appropriate policy and fiscal committees of the Legislature, a report that describes the expenditures proposed to be made for that fiscal year by the IWMB for grants, loans, and contracts under the tire recycling program. (Chapter 292)

SB 1186 (Ortiz)–Rice Straw–SB 1186 required the CDFA, in cooperation with the State Energy Resources Conservation and Development Commission, the IWMB, and the ARB, to prepare and submit to the Legislature, on or before January 1, 2001, recommendations for ensuring consistency and predictability in the supply of rice straw for cost-effective uses. Additionally, the measure provided that funds appropriated pursuant to the Budget Act of 1998 to the ARB for purposes of developing rice straw demonstration projects, which were not encumbered or otherwise expended during the 1998 Fiscal Year, shall be available for encumbrance by the ARB during the 1999-2000 Fiscal Year. (Chapter 640)

SB 1210 (Baca)–Sales and Use Taxes: Exemption: Returnable and Nonreturnable Containers–SB 1210 added a sales tax exemption for containers when sold or leased to persons who place food products for human consumption in the container for shipment, provided the food products will be sold, whether in the same container or not, and whether the food products are remanufactured or repackaged prior to sale. In addition, the Legislative intent for this measure stated that food containers be exempted from sales tax and encouraged the use of reusable food containers; that the environment is benefited through increased use of recyclable food containers thereby reducing waste; and that food containers were clearly treated the same as food for sales tax purposes. Finally, SB 1210 provided that, notwithstanding Revenue and Taxation Code Section 2230, no appropriation is made and the State shall not reimburse local agencies for the reduced level of sales and use tax revenues which would result from this measure’s enactment. (Chapter 758)

Statutes of 1998

AB 117 (Escutia)–Solid Waste: Demolition or Construction Debris–would extend the sunset of the California Tire Recycling Act including the operation of fee provisions ($0.25 per tire, upon purchase) from June 30, 1999 to January 1, 2001. Additionally, AB 117 would require a waste tire report on specified matters relating to tire recycling and recommendations for legislation to be submitted to the Legislature and the Governor by June 30, 1999. (Chapter 1020)

AB 228 (Migden)–Solid Waste: Tires–Adds abandonment of tires to the circumstances under which a person can be convicted of a crime; allow a city, county or city and county to request designation to exercise enforcement authority from the CIWMB; allow penalties collected from waste tire violations to be retained by the city, county, or city and county if the attorney who brought the action represents that local government entity; and require moneys retained by the city, county, or city and county to be expended on enforcement and cleanup required under this chapter. (Chapter 1019)

AB 715 (Figueroa)–Solid Waste Facilities: Closure: Financial Ability–Allows a solid waste facility operator who owns an insurance company to insure itself for landfill closure and postclosure care, if approved by the CIWMB and if specified requirements are met. (Chapter 978)

AB 2181 (Firestone)–Solid Waste: Tires–Establishes separate penalties for negligent and intentional violations of law, permit, rule, regulation, standard, or requirement issued or adopted pursuant to waste tire law. (Chapter 229)

SB 1340 (Polanco)–Solid Waste Enterprise: Indemnity Obligation–Imposes specified restrictions on the enforceability of an indemnity obligation contained in any provision, term, condition, or requirement in an ordinance, contract, franchise, license, permit, or other entitlement or right adopted, entered into, issued, or granted, as the case may be, by a local agency for solid waste collection and handling, including the recycling, processing, or composting of solid waste, or in any request for bids or proposal in connection with any such contract or franchise. (Chapter 987)

Statutes of 1997

AB 847 (Wayne)–Discarded Major Appliances: Materials Requiring Special Handling: Hazardous Waste–Provides that a hazardous waste generator is any person who removes from a major appliance any material that requires special handling and is a hazardous waste. It requires the DTSC or its enforcement agency to incorporate the regulation of materials that require special handling and are hazardous wastes into existing inspection and enforcement activities. The bill requires the DTSC to transmit a copy of the Appliance Recycling Guide, published by the CIWMB, and any other materials necessary to ensure compliance with the management of hazardous wastes removed from discarded appliances, to specified persons and agencies. (Chapter 884)

SB 675 (Costa)–Air Pollution: Odors–Extends, until four years from the effective date of the bill, current provisions in law which delegate primary regulatory responsibility for compost odors to local enforcement agencies (LEAs). The bill requires an air district to report compost facility odor complaints to the appropriate LEA within 24 hours or by the next working day. (Chapter 778)

SB 1066 (Sher)–Solid Waste: Market Development–Authorizes the CIWMB to grant single or multi-year extensions to achieve the goals of the Integrated Waste Management Act. The bill requires the CIWMB to consider specified circumstances in deciding whether to approve an alternative source reduction, recycling, and composting requirement. In addition, the bill requires the Market Development Plan developed by the CIWMB to include efforts to encourage and promote cooperative, regional programs to expand markets for recycled materials, and include activities to address problems and opportunities that are unique to rural, urban, and suburban areas of the state. (Chapter 672)

SB 1330 (Lockyer)–Solid Waste: Farm and Ranch Cleanup and Abatement: Grant Program–Requires the CIWMB to create a program of grants to cities and counties to cover the costs of cleaning up solid waste illegally disposed on farm or ranch property. (Chapter 875)

Statutes of 1996

AB 242 (Sher)–Nonyard Wood Waste Diversion: Report–Deletes obsolete reference to provisions regarding the nonyard wood waste diversion report. Requires that any civil penalty imposed by the CIWMB on a rural regional agency for failure to submit an integrated waste management plan, or element thereof, or for failure to implement its source reduction and recycling element (SRRE) or household hazardous waste element (HHWE), be imposed on the individual member of the rural regional agency which has committed the violation rather than the regional agency as a whole. Authorizes the CIWMB to consider specific information in determining whether to impose those penalties. Repeals an obsolete reference of a report requirement in the Public Resources Code. (Chapter 21)

AB 626 (Sher)–Integrated Waste Management: Advisory Committee: Reports: Solid Waste Disposal: Financial Assurances–Makes three separate sets of changes to current waste management law: 1) changes for rural county cost reduction; 2) enforcement changes needed for the Owens-Corning Fiberglass Corporation disposal site in San Jose, and; 3) changes in reporting requirements for the CIWMB and local jurisdictions for more efficiency. Additionally, the bill makes various technical and code cleanup changes to the law. Urgency measure effective September 29, 1996. (Chapter 1038)

AB 1530 (Richter)–Hazardous Waste: Batteries: Federal Regulation–Provides that the Federal battery management act shall be deemed to be the law of this State, with regard to the easy removability, environmental labeling, collection, storage, and transportation of federally regulated batteries. Requires that any battery that is a federally regulated battery be managed in accordance with the Federal battery management act. Urgency measure effective September 17, 1996. (Chapter 575)

AB 1647 (Bustamante)–Solid Waste Landfills: Alternative Daily Cover: Diversion–Specifies that beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover, constitutes diversion through recycling. Requires the CIWMB to adopt rules and regulations that establish conditions for the use of alternative daily cover. (Chapter 978)

AB 1890 (Brulte)–Public Utilities: Electrical Restructuring–Provides the foundation for restructuring the regulatory framework for California’s electric power industry. Helps create a new market structure by ending the utility monopoly on electric power generation, while continuing regulated monopoly structures for transmission and distribution of electric power. Opens the electric power generation market to competition. Of interest to the CIWMB, the bill requires the Secretary of CalEPA to report to the Legislature on public policy strategies to ensure retention of economic and environmental benefits of the solid-fuel biomass industry, while promoting reduction in ratepayer costs for electric power from this source. Urgency measure effective September 24, 1996. (Chapter 854)

AB 2009 (Cortese)–Waste: Solid Waste Facilities–Deletes the requirement that, until a countywide integrated waste management plan has been approved by the CIWMB, the CIWMB object to the solid waste facilities permit if the CIWMB determines that issuance of the permit would prevent or substantially impair achievement of the diversion requirements until the countywide integrated waste management plan is approved. Urgency measure effective July 23, 1996. (Chapter 271)

AB 2108 (Mazzoni)–Solid Waste: New Tires: Disposal Fee–Moves the point of collection of the tire fee imposed under the California Tire Recycling Act from the time of disposal of a used tire to the point of a retail sale of a new tire, and authorize peace officers to enforce the Tire Hauler Registration Program. (Chapter 304)

AB 2202 (Baca)–Household Hazardous Products or Materials: Reusability–Defines terms relating to household hazardous waste products or materials. Authorizes a public agency to conduct a material exchange as part of a household hazardous waste collection program. Provides for protection from liability for the public agency as long as the program is operating under applicable hazardous waste control law. (Chapter 647)

AB 2508 (House)–Solid Waste: Rigid Plastic Packaging Containers: Floral Industry–Expands the compliance options of the RPPC law by including containers containing floral preservatives that are subsequently reused by the floral industry for at least two years. (Chapter 511)

AB 2558 (Alby)–Solid Waste: Unlawful Acts–Increases the civil penalties imposed for unauthorized scavenging of curbside recyclables and applies those penalties to scavenging from any designated collection location, rather than just the residential curbside collection programs currently protected under law. Authorizes the CIWMB to award special grants to cities or counties to support pilot programs designed to develop and evaluate enforcement techniques, to reduce the theft of recyclable materials from commercial, industrial, or other nonresidential establishments. (Chapter 732)

AB 3022 (Sher)–Solid Waste: Local Fee Authority: Nonprofit Charitable Reusers–Authorizes a city, county, district, or regional agency to structure solid waste management fees in manner that limits the fees charged nonprofit, charitable reusers, including exempting nonprofit, charitable reusers from fees imposed on the handling and disposal of their residue. Urgency measure effective September 16, 1996. (Chapter 519)

AB 3263 (Ackerman)–Plastic Waste: Containers: Plastic Ring Devices–Conforms State standards for degradability of plastic connectors with Federal regulations. Moves existing law prohibiting the sale in California of any containers connected to each other with a plastic ring, or similar plastic device, that is not degradable when disposed of as litter, from the Health and Safety Code to the Public Resources Code and incorporates these provisions under the IWMA. (Chapter 990)

AB 3358 (Ackerman)–Solid Waste Management–Makes a number of technical, definition or code clean-up clarifications within the Public Resources, Financial, Government and Public Contract Codes in areas related to solid waste management or programs administered by the CIWMB. Changes include exempting the CIWMB from the California Finance Lenders Law and limiting the definitions of “solid waste disposal” or “disposal” for specified purposes of the IWMA. (AB 3358 was sponsored by the CIWMB). (Chapter 1041)

SB 1155 (Maddy)–Solid Waste: Rigid Plastic Packaging Containers: Cosmetics and Food–Exempts glass containers which contain food, medical food, or infant formula, as defined in specified Federal law, from the rigid plastic packaging container law. Includes cosmetic and food containers in annual recycling rates calculation. (Chapter 754)

SB 1535 (Killea)–Solid Waste: Recycling Market Development Zone Loan Program–Extends the sunset date on the Recycling Market Development Zone (RMDZ) loan program from July 1997 to July 2006., extends the RMDZ loan program from July 1, 1997, to July 1, 2006, extends the deadline for repayment of the IWMA from the Subaccount from July 1, 1997, to July 1, 2006, repeals the requirement for a March 1996 report to the Legislature on the revolving loan program, allows the CIWMB to set aside funds for the purposes of paying costs necessary to protect the state’s position as a lender-creditor, allows the CIWMB to participate in the Capital Access Loan Program, on a pilot basis, in an amount not to exceed $500,000, authorizes a $5 million annual transfer, upon appropriation by the Legislature, from the IWMA to the Subaccount to July 1, 2000, and an amount up to $5 million from July 1, 2000 through July 1, 2006 and requires the CIWMB to encourage loan applicants to seek funding from private financial. (Chapter 615)

SB 1966 (Wright)–Medical Waste–Regulates the management and handling of waste pharmaceuticals under the Medical Waste Management Act, administered by DHS. Defines biohazardous waste to include waste pharmaceuticals that are not also regulated under the Federal hazardous waste program or the low-level radioactive waste program. Authorizes DHS to impose an annual regulatory fee of $25 on small quantity medical waste generators in those jurisdictions where local government elect not to implement the Medical Waste Management Act, and DHS, by default, becomes the enforcement agency. (Chapter 536)

SB 1979 (O’Connell)–Used Oil Recycling–Among other things, mandates a funding level for CIWMB grants and loans for used oil research, testing and demonstration projects designed to develop uses and markets for products resulting from the recycling of used oil. Includes asphalt flux produced from the reprocessing or re-refining of used oil as a recycled material to be used in specified paving materials purchased by the Department of Transportation. (Chapter 901)

Statutes of 1995

AB 59 (Sher)–Solid Waste Facilities: Permits Enforcement–Revised solid waste facility permitting and enforcement activities carried out by the CIWMB and LEAs. Provided for the imposition of civil liabilities administratively by the LEA or the CIWMB when a solid waste facility operator is not in compliance with permitting requirements, permit terms and conditions, or with state minimum standards related to permitting, handling, or disposal of solid waste. Established detailed procedures for the CIWMB when acting as the enforcement agency, and clarified processes, procedures, and requirements for the designation, operation, and evaluation of LEAs. Clarified the requirements for operators who wish to change solid waste facility design or operations. Urgency measure. (Chapter 952)

AB 381 (Baca)–Solid Waste Diversion Requirements–Revised the definition of “good faith efforts,” — part of the criteria used by the CIWMB in determining whether to impose civil penalties on a local jurisdiction for failure to implement certain planning elements — to include the evaluation by a city, county, or regional agency of improved technology for the handling and management of solid waste that would result in specified benefits. (Chapter 219)

AB 389 (Cannella)–Agriculture: Environmental Farming: Wetland Habitat–Provided that a “bank site” or “mitigation bank site,” as defined by the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993, may include any lands on which rice is grown, as long as those lands are managed as ricelands and meet other specified requirements. (Chapter 928)

AB 483 (Alpert)–Hazardous Waste: Recycling–Required the DTSC, to the extent consistent with RCRA and the protection of the public health, safety, and the environment, to adopt regulations by 1/1/97, exempting secondary materials, as defined, from the hazardous waste control laws. Exempted from hazardous waste facilities requirements the puncturing, draining or crushing of aerosol cans, the separation of used oil from water, and the operation of totally enclosed treatment facilities upon adoption of regulations by the DTSC. Required the DTSC on or before 7/1/97, to complete an evaluation of the Phase I environmental assessment requirement applicable to facilities wishing to operate under the tiered permitting program and to make recommendations relating to the need for statutory change, to the Governor and the Legislature on or before 3/1/98. (Chapter 625)

AB 1071 (Morrow)–Waste Tires: Cement Manufacturing Plant–Exempted a cement manufacturing plant from the requirement to obtain a major waste tire facility permit as long as the owner or operator of the plant stores not more than a one-month supply of waste tires at any time and is in compliance with CIWMB regulations pertaining to waste tire storage and disposal. (Chapter 191)

AB 1103 (Sher)–Oil Recycling: Used Oil Collection Centers–Made a number of technical definition clarifications within the California Oil Recycling Enhancement Act and changed specific portions of the Act with respect to sign posting, remittance of excess fees, contract authority with the DTSC, audits of the used oil fund, and fee assessments on weight-based oil sales. (Chapter 822)

AB 1851 (Sher)–Solid Waste: Trash Bags–Required, on or after 1/1/96, every manufacturer that manufactures plastic bags of 0.75 mil or greater thickness for sale in California to ensure that at least 20 percent, and on or after 1/1/97, at least 30 percent, of the materials used in those plastic bags is recycled plastic postconsumer material (RPPM). Exempted plastic trash bags that used adhesive, heat-affixed straps attached to the bag during the manufacturing process if the manufacturer of the plastic trash bags manufactured bags of that type prior to 1/1/95. Prescribed a procedure for manufacturers who were exempted from this law to petition the CIWMB for a variance from those RPPM requirements. (Chapter 821)

AB 1860 (Allen)–Environmental Quality: Actions and Proceedings–Repealed the CEQA provision, which provides that if a person has made a written request to a public agency for a copy of a specified notice, the time period for the commencement of an action or proceeding on the grounds of noncompliance with the act by the public agency shall commence from the date of the mailing of that notice. Provided, instead, that the petitioner or plaintiff must file and serve a statement of issues within 30 days from the finalization of the administrative record, and the respondent or real party in interest must file and serve a statement of issues ten days after being served with the petitioner or plaintiff’s statement of issues. Provides that if a person has made a written request to a public agency for a copy of the notice prior to the date on which the agency approves or determines to carry out the project, the public agency shall deposit a written copy of the notice addressed to that person in the United States mail, first-class postage prepaid, no later than five days from the date of the agency’s action. (Chapter 801)

AB 1906 (Sher)–Hazardous Waste Fees–Required the BOE to establish and submit annually to hazardous waste generators a fee statement consolidating the hazardous waste facility fee, hazardous waste generator fee, hazardous waste generator surcharge fee, and corporate hazardous materials fees. Specified that the fees on the consolidated statement are due and payable on the last day of February of each year. (Chapter 637)

AB 1932 (Sweeney)–Solid Waste: Diversion Requirements: Regional Diversion Facilities: Reporting–Allowed a jurisdiction to come before the CIWMB and petition for a modification to its reported disposal amounts based on information regarding increased disposal amounts from, and lack of feasible diversion alternatives for, residual waste from regional diversion facilities. (Chapter 665)

AB 1965 (Figueroa)–Hazardous Waste: Wood Waste–Exempted from hazardous waste control laws any wood waste, previously treated with a preservative, that has been removed from public or private utility service if all of the following conditions were met: (1) the wood waste was not subject to regulation under RCRA, (2) the wood waste was disposed of in a composite-lined portion of a municipal solid waste landfill that meets any requirements imposed by State policy, and (3) the solid waste landfill used for disposal was authorized to accept the wood waste under waste discharge requirements issued by the appropriate regional water quality control board. (Chapter 670)

SB 11 (Ayala)–State-Mandated Local Programs–Provided that an affected local agency would not be required to comply with a State-mandated local program after the bill becomes effective if an appropriation to fully fund a test claim for that program is not enacted within 16 months after both approval of the claim and adoption of a statewide cost estimate of the approved claim by the Commission on State Mandates. Specified that a bill determined by the Legislative Counsel to impose a State-mandated local program that does not appropriate funds for reimbursement of the mandate or disclaim the right to reimbursement would require a 2/3 vote for passage. Provided, that the provisions of this bill did not apply to any existing State-mandated local program that was amended after the effective date of this act. (Chapter 945)

SB 130 (Costa)–Hazardous Waste: Recovery and Storage of Oil–Expanded the definition of the types of oil-bearing materials that are exempted from the hazardous waste control laws (oil-bearing materials containing gasoline would be included in the exemption), and clarified that oil-bearing materials received from a related corporation using a common pipeline with the recycling refinery are eligible for exemption from hazardous waste control laws. (Chapter 632)

SB 205 (Kelley)–Waste Discharge Requirements: Sewage Sludge: Waiver–Required the SWRCB or a RWQCB to, among other things, establish general waste discharge requirements for agronomic applications of sewage sludge and other biological solids as a soil amendment or fertilizer which would supersede regulations adopted by any other State agency to regulate sewage sludge and other biological solids which are applied directly to agricultural lands at agronomic rates. Required the standards to be developed in consultation with the CIWMB, the ARB and the DFA. (Chapter 613)

SB 206 (Kelley)–Cementitious Materials: Definitions: Mining Waste–Excluded from classification as a hazardous waste, cementitious material that is a nonaqueous waste and is managed at the cement manufacturing facility where it was generated, which would otherwise be classified as hazardous waste. (Chapter 847)

SB 219 (Thompson)–Household Hazardous Waste–Increased the amount of batteries that can be collected at a household hazardous waste collection facility from 200 pounds to 600 pounds without changing the facility’s exemption from certain requirements concerning the receipt, storage, and transportation of hazardous waste. Provided that the disposal of spent batteries does not include a battery that is delivered to a collection location or an intermediate collection location and subsequently transported to a household hazardous waste collection facility. (Chapter 633)

SB 352 (Wright)–Aerosol Can Recycling–Exempted from the requirement to obtain a hazardous waste facilities permit a solid waste facility or recycling facility that accepts and processes empty aerosol cans and de minimus quantities of nonempty aerosol cans collected as an incidental part of the collection of empty cans for recycling purposes if the facility met specified requirements as determined by the CIWMB. Required a city, county, or regional agency, if it conducted an aerosol can recycling program, to incorporate a requirement to educate the public on the safe collection and recycling or disposal of aerosol cans into its household hazardous waste element when it is revised. (Chapter 424)

SB 364 (Wright)–Household Hazardous Waste Collection–Allowed a mobile hazardous waste collection facility, a temporary waste collection facility, or a recycle-only hazardous waste facility to transport hazardous waste to a household hazardous waste collection facility. Required the facilities listed above, which transport household hazardous waste to a household hazardous waste collection facility to comply with the requirements of registration as a hazardous waste transporter and possession of a manifest. (Chapter 195)

SB 372 (Wright)–Medical Waste: Management–Amended the Medical Waste Management Act to redefine the terms “large quantity generator” and “storage,” and clarifies as to what does not qualify as hazardous waste. Authorized specified medical waste generators to accept home-generated sharps waste (i.e., hypodermic needles, syringes) for consolidation with their own medical waste. Enacted specific container labeling requirements for chemical or drug-contaminated medical wastes that are required to be incinerated before disposal and for human anatomical parts that are required to be incinerated or interred. Allowed a compactor to be used to compact medical waste if the type of medical waste compactor proposed to be used is evaluated and approved by DHS. Authorized the use of approved alternative technologies using extreme high temperatures or other intense physical conditions to treat medical waste prior to disposal. Required the OPR, at the next revision of the guidelines after 1/1/96, to make specified recommendations concerning the application of specified categorical exemptions in the guidelines regarding the treatment of medical waste by steam sterilization. (Chapter 877)

SB 426 (Leslie)–Environmental Advertising–Repealed the definitions contained within the existing Green Marketing Law and instead provided that environmental marketing claims are consistent with references in the Guides for Use of Environmental Market Claims, published by the FTC on July 27, 1992. Provided that the FTC guidelines be used as a defense in any suit or complaint regarding a false, deceptive, or misleading environmental marketing claim. (Chapter 642)

SB 605 (Mello)–Rigid Plastic Packaging Containers–Extended indefinitely the current law exemption from compliance with certain criteria for rigid plastic packaging containers which are manufactured for use in the shipments of hazardous materials. Revised the citation to pertinent Federal regulations regarding those specifications and testing standards. Included in the exemption containers to which recommendations of the United Nations on the transport of dangerous goods are applicable. (Chapter 171)

SB 845 (Leonard)–Household Hazardous Waste Facilities–Required the DTSC to develop regulations for a simplified operating permit system for permanent household waste collection facilities. Required the adopted regulations to weigh public safety considerations of household hazardous waste collection with the safety and environmental considerations of illegal disposal. (Chapter 672)

SB 1026 (Dills)–Solid Waste: Tire Recycling–Required Caltrans to request that the U.S. Department of Transportation revise the ISTEA requirements to allow for the use of waste tires as fuel for cement manufacturing plants in addition to, but not in lieu of, their use in asphalt pavement containing recycled rubber. (Chapter 605)

SB 1107 (Leslie)–Unified Program Agencies–Permitted the Secretary of CalEPA to waive the requirement that a city, county, or other local agency impose the State surcharge on businesses or entities to be used to cover the necessary and reasonable costs of State agencies in carrying out the unified program if the local agency applied to the Secretary, on or before 1/1/96, to be certified as a unified program agency. Urgency measure. (Chapter 635)

SB 1174 (Killea)–Public Purchases: Recycled Steel–Added “steel” to the list of recycled products and materials approved by the State for purchase by State agencies and the Legislature as “recycled content” products. (Chapter 427)

SB 1178 (O’Connell)–Beverage Containers–Revised the California Beverage Container Recycling and Litter Reduction Act. Authorized the DOC to review and decrease or increase redemption payments based on a specified determination. Defined terms “market scrap value,” “PET container,” and “processing payment” for the purposes of the act. Revised the definition of the term “processing fee” to include only the amount paid by beverage manufacturers to the DOC. Increased the number of exemptions the DOC may grant from convenience zone requirements to 35 percent of the total number of convenience zones. Created the PET Processing Fee Account and the Bimetal Processing Fee Account and provides for deposits to those accounts. Extended payment of handling fees to 1/1/99. (Chapter 624)

SB 1180 (Calderon)–Environmental Quality: Military Base or Reservation Reuse Plan–Provided that when preparing and certifying an environmental impact report for a military base or reservation reuse plan, as defined, including when utilizing a Federal environmental impact statement, the determination of whether the reuse plan may have a significant effect on the environment may, at the discretion of the lead agency, be made in the context of the physical conditions that were present at the time the base or reservation closure or realignment decision became final. Urgency measure. (Chapter 861)

SB 1191 (Calderon)–Hazardous Materials and Wastes: Unified Program–Revised specific provisions of law regulating hazardous waste, the storage of hazardous substances in underground storage tanks, and the handling of hazardous materials, in regard to a specified unified hazardous waste and hazardous material management and regulatory program. Revised requirements imposed upon certified local agencies with regard to the issuance of unified program facility permits by providing that these permits replace the permits required for underground storage tanks and required by specified local ordinances or regulations. Required a certified unified program agency to develop an inspection program for specified generators. Required the State Fire Marshal to establish a Hazardous Materials Advisory Committee to study the extent to which specified hazardous materials handling requirements should be included in the unified program and to report the Committee’s recommendations to the Governor and the Legislature by 1/1/98. Urgency measure. (Chapter 639)

SB 1222 (Calderon)–Hazardous Waste Management–Enacted the Hazardous Waste Management Reform Act of 1995. Made a variety of changes to the hazardous waste laws that affect the standards for identifying hazardous wastes, standards for treatment before a waste may be disposed to land, the requirements that apply to the operation or permitting of hazardous waste facilities and the fees that are paid to support the State hazardous waste program. Existing law defined the term “hazardous waste” for purposes of the hazardous waste control laws as a waste which meets specified criteria adopted by the DTSC or waste which, because of certain characteristics, may cause an increase in mortality or illness, or pose a substantial present or potential hazard to human health or the environment. Revised this definition to exclude those wastes which meet those characteristics, and instead required the DTSC’s guidelines to identify as hazardous waste those wastes which exhibit those characteristics. Prescribed other related changes. (Chapter 639)

SB 1291 (Wright)–Hazardous Waste Facilities Permits–Allowed a mobile household hazardous waste collection facility, a registered hazardous waste transporter carrying solid waste from a landfill, a transfer station loadcheck program under agreement with the household hazardous waste facility, or a registered hazardous waste transporter operating under a contract with a public agency transporting abandoned hazardous waste, to transport hazardous waste to a household hazardous waste collection facility. Revised the definitions of the terms “used oil” and “storage facility” and defined the terms “conditional authorization” and “conditional exemption” as related to hazardous waste. (Chapter 640)

SB 1299 (Peace)–Environmental Protection: Permits–Required the Secretary of the CalEPA to adopt regulations to establish the permit consolidation zone pilot program. (Chapter 872)

SBXX 17–(Craven)–Environmental Quality: Solid Waste Handling–Exempted from CEQA, the solid waste handling and disposal services provided at solid waste landfills located within Orange County for solid waste that originates outside of the county. The volume of solid waste handled and disposed could exceed the amount authorized by the local enforcement agency. Note: This measure was introduced in the Second Extraordinary Session convened to deal with Orange County’s bankruptcy problems. Urgency measure. (Chapter 4XX)

1994 | 1993 | 1992 | 1991 | 1990

Statutes of 1994

AB 314 (Sher)–California Environmental Quality Act: Notices and Comments–Clarified that public agency contracts for the preparation of specified environmental documents must be executed within 45 days on which the state environmental impact report (EIR) is required; prohibited the use of a master EIR if approval of a project that was not described in the report might affect the adequacy of the environmental review in the report for any subsequent project; specified that periods for judicial challenge of CEQA compliance commence when notice is sent to those who requested; and added a provision that permitted severance of CEQA cases when appropriate. Urgency measure. (Chapter 1294)

AB 472 (Cortese)–Discharge of Waste–Required dischargers of waste that may result in violation of local health laws or ordinances to be known by the registrant. Required the registrant to provide a statement of this type to the regional water quality control board. Defined “authorized public agency” to mean a public agency having authority to ensure that systems are adequately designed, located, sized, spaced, constructed, and maintained. Required an authorized public agency to notify the regional board if the systems are adequately designed, located, sized, spaced, constructed, and maintained. (Chapter 1177)

AB 688 (Sher)–Integrated Waste Management Planning–Authorized the CIWMB to conditionally approve integrated waste management plans and their elements, and clarified circumstances under which the CIWMB was, or was not, to impose penalties for failure to comply with planning and diversion mandates. Included various provisions to assist rural jurisdictions in meeting the planning and diversion mandates of the IWMA. Excluded “biomass conversion” from the definition of transformation and allowed a jurisdiction to obtain a 10 percent credit toward meeting the 50 percent by 2000 diversion requirement through biomass conversion. Authorized the CIWMB to reduce the diversion requirements of a jurisdiction which hosted a regional medical waste treatment facility, if certain conditions were met. Required the CIWMB to regulate the disposal of asbestos containing waste at solid waste facilities. Made clarifying changes to the rigid plastic packaging container program administered by the CIWMB. (Chapter 1227)

AB 2632 (Solis)–Puente Hills Landfill–Required the owner of the Puente Hills Landfill to dedicate as open space property, the buffer zone and Canyons 6, 7, and 8, as specified in the Los Angeles County Conditional Use Permit (CUP). Required the owner of the disposal facility to enter into an agreement with the Los Angeles County Department of Parks and Recreation to use the disposal site as a public park when disposal activities were completed, as specified in the CUP. (Chapter 1295)

AB 2762 (Sher)–Oil Recycling–Authorized the CIWMB to establish a two-year pilot program for recycling used oil filters; increased the volume of sale of used oil subject to payment from 5 gallons to 500 gallons from 1/1/95 to 1/1/2000; made clarifying changes to the definitions of “bulk oil” and “used oil transfer facility;” defined “used oil storage facility” and “used oil transfer facility;” and made various other technical and clarifying changes to the used oil program. (Chapter 1147)

AB 2938 (Aguiar)–Diversion Requirements: Newly-Incorporated Cities–Required a city which was incorporated after 1/1/90, to submit a SRRE, a HHWE, and a NDFE to the CIWMB for approval within 18 months from the effective date of the bill, whichever is later. Reduced the conditions to be met before the CIWMB could grant a time extension from the diversion requirements for newly-incorporated cities. Allowed the CIWMB to authorize a time extension to a newly-incorporated city to submit a SRRE that included a specified implementation schedule for the initial element and the first revision. Urgency measure. (Chapter 1150)

AB 3218 (Costa)–Recovery and Storage of Oil–Made technical and clarifying changes to existing legislative findings and declarations regarding the recycling of used oil. Exempted units, including associated piping, that are part of a system used for the recovery of oil from oil-bearing materials, and associated storage of these materials and the recovered oil, from the hazardous waste control laws if specified conditions were met. Defined the terms “oil,” “oil-bearing materials,” “oil recovery operations,” and “petroleum refinery” for purposes of those exemptions. (Chapter 1054)

AB 3393 (Sher)–Beverage Containers: Recycling–Deleted certain obsolete reporting requirements and obsolete expenditures prohibition related to advertising. (Chapter 272)

AB 3582 (Richter)–Hazardous Waste: Oil Disposal and Use–Classified used oil as a recyclable material which is subject to regulation as a hazardous waste, unless it meets certain requirements. Prohibited any use of used oil or recycled oil as a dust suppressant or insect or weed control agent unless allowed under another applicable law, but only to the extent that the use is consistent with federal law. Required that used oil which is not subject to regulation as a hazardous waste be managed in accordance with specified federal regulations. (Chapter 1154)

AB 3774 (V. Brown)–Environmental Impact Reports and Statements: Military Base Reuse–Authorized the lead agency to utilize an environmental impact statement prepared pursuant to federal law as the EIR for a federal military base reuse plan until 1/1/2001. Made related declarations of legislative intent. (Chapter 842)

ACR 39 (W. Brown)–Biodegradable Plastics–Encouraged state agencies to act expeditiously to increase their purchase of biodegradable plastics. Urged the CIWMB and other appropriate agencies to analyze the efficacy of biodegradable plastics, including an analysis of potential impacts resulting from mixing biodegradable plastic resins with other plastic resins. Requested the CIWMB adopt standards and specifications, as appropriate, for biodegradable plastics. (Chapter R-122)

SB 64 (McCorquodale)–Beverage Container Redemption: Supermarket Sites–Revised the definition of supermarket sites, to include locations within or outside and immediately adjacent to the entrance of a supermarket. (Chapter 531)

SB 749 (Thompson)–Environmental Quality–Specified that a lead agency in an EIR is required to focus the discussion on those potential effects on the environment which the lead agency has determined are or may be significant and may limit the discussion on other effects to a brief explanation as to why those effects are not potentially significant. Revised the definition of “project” to specify that it is an activity which may cause a direct physical change, or a reasonable foreseeable indirect change in the environment. (Chapter 1230)

SB 923 (Calderon)–State Superfund Reform–Established the “California Expedited Remedial Site Action Model Reform Act of 1994–Phase One” (Model Reform Act) in an effort to address issues raised by critics of the Carpenter-Presley-Tanner Hazardous Substances Act (the state Superfund law), and expedite the cleanup of hazardous waste sites. (Chapter 435)

SB 1123 (Calderon)–Hazardous Waste: Enforcement: Unified Program: Fees–Provided for the appropriation of money from the Hazardous Waste Control Account to the Office of the Attorney General for purposes of that program and provided that the expenditures should not be subject to an interagency or interdepartmental agreement. Required the Attorney General, on or before October 1 of each year, to report to the Legislature on the expenditure of those funds. Specified for this purpose that the DTSC has the sole responsibility for determining the eligibility of a person for conditional authorization or exemption for a permit-by-rule and specified related matters, and made technical and clarifying changes. (Chapter 65)

SB 1257 (Ayala)–Defense Installation Conversions: One-Stop Permits–Required the Secretary of CalEPA, in coordination with appropriate federal, state, and local agencies, to establish a one-stop permit process for converting defense installations to nonmilitary use. (Chapter 34)

SB 1450 (Hughes)–Crimes: Dumping Waste–Made the dumping of waste matter in commercial quantities a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a trebled fine. (Chapter 737)

SB 1706 (Wright)–Hazardous Waste: Removal or Remedial Action–Exempted a site from the requirement for a remedial action plan if conditions at the site presented an imminent or substantial endangerment to public health and safety or to the environment, or if the DTSC, a regional board, or a responsible party took a removal action at a site and the estimated cost of the removal action was less than $1 million, required the DTSC or a regional board to prepare or approve a removal action workplan for all sites where a nonemergency removal action was proposed and a remedial action was not required, and provide information to the local community concerning a site. (Chapter 441)

SB 1894 (Leslie)–Local Government Technical Advisory Committee–Extended from 1/1/95 to 1/1/99, the operative date of the Local Government Technical Advisory Committee (LGTAC) which assists and advises the CIWMB. Required appointments to the committee made after 1/1/95, to be representatives from urban, suburban, and rural areas. Deleted the stipend provision for attendance for each meeting, required quarterly meetings to be held at various locations around the state, and increased the duties of the LGTAC. (Chapter 625)

SB 1971 (Bergeson)–Environmental Quality–Authorized the use of a MEIR for a project proposed by a local agency for the reuse of a federal military base or reservation that had been closed or that was proposed for closure. Some provisions of the bill were double joined with AB 314 (Sher). (Chapter 1229)

Statutes of 1993

AB 11 (Eastin)–State Procurement of Recycled-Content Products–Created a three year pilot program within the CIWMB to fund price preferences for state agency purchases of recycled products. Required state agencies to give a price preference, not to exceed 10 percent, to recycled paper products. Required the CIWMB, in consultation with DGS, to establish price preferences for recycled products by 5/1/94, and every two years thereafter. Required the price preference for priority recycled products to be set at no less than 5 percent. Required all state agencies, if feasible, to establish purchasing practices which ensure the purchase of materials, goods, and supplies which may be recycled or reused. Revised the goals set by DGS for purchase of recycled fine writing paper and printing materials to encourage the following: 15 percent of all purchases in 1994, increasing to 25 percent in 1996. Revised the goals for purchases of recycled materials, goods, and supplies to be at least 20 percent of all purchases in 1996, 30 percent in 1998, and 50 percent in 2000, if the recycled products meet all applicable standards and can be substituted for a comparable nonrecycled product. (Chapter 960)

AB 54 (Sher)–Technical Amendments–Enacted various provisions for cleanup of the planning portions of the IWMA following the 1992 legislative session, including: provisions which were chaptered out [information and assistance to rural counties, from SB 2061 (Leslie); and no approval by the county or a majority of the cities for household hazardous waste elements and nondisposal facility elements, from AB 3001 (Cortese)]; and clarifying changes to reconcile provisions of AB 2494 (which provided for regional planning) and AB 3001 (which provided for nondisposal facility elements). (Chapter 663)

AB 337 (Statham)–Closure and Postclosure–Exempted counties of less than 200,000 which own or operate a landfill from making deposits into a trust fund in excess of the amount required by federal Subtitle D regulations. Required the Board to adopt regulations for closure and postclosure maintenance that provide for a reasonable contingency factor comparable to similar public works projects. Allowed public landfill owners and operators to use public or contracted employees to perform closure and postclosure maintenance work. Requires the CIWMB to prepare a study by 1/1/95 on closure and postclosure maintenance in rural areas. (Chapter 922)

AB 440 (Sher)–Regionalization of Integrated Waste Management Planning / SRRE and NFE Submittal / Emergency Regulations–Required the CIWMB to adopt emergency regulations for the preparation of the city, county, and regional agency source reduction and recycling elements and nondisposal facility elements by December 31, 1993. Deleted the requirement that regional agencies (for waste management planning) be in a rural area with a population of less than 250,000, and authorized regional agencies to assume responsibility for compliance with the 25 percent and 50 percent waste diversion mandates. Authorized local jurisdictions to enter into MOUs to form a JPA or local district for IWM planning. Authorized local jurisdictions to amend their SRREs or HHWEs to describe new or revised source reduction, recycling, or composting programs, or other changes necessary to meet the waste diversion mandates. Clarified the definition of “action by a city, county, regional, or local governing body.” Added new deadlines for submittal of SRREs and NFEs in 1994 and required the submittal of a report in 1994 summarizing a jurisdiction’s progress toward achieving the waste diversion mandates. Required the CIWMB to submit a report to the Legislature by January 1, 1995 summarizing city, county, regional agency and statewide progress in achieving 25 percent and 50 percent waste diversion. Made conforming changes to bring state law into compliance with federal landfill standards (Subtitle D). Also authorized the Board to delegate specified duties to its Executive Director. Urgency Measure. (Chapter 1169)

AB 457 (Areias)–Local Enforcement Agencies–Required the Board to adopt regulations for LEAs with a population of less than 50,000, to change the “adequacy of staff resources” conditions for certification of the LEAs. Required that CIWMB regulations not include a requirement for a specific number of person hours for the performance of enforcement agency duties, and instead establish performance standards. (Chapter 667)

AB 562 (Hannigan)–Agricultural Waste–Authorized a county to consult with the Department of Pesticide Regulation in implementing a collection program for banned agricultural waste, and authorized a county to operate under a permit by rule system rather than submitting specified variances. Exempts wastes at such collection site from requirements related to hazardous waste including registration, inspection, and possession of a manifest. Required a county to charge a fee to cover the costs of the program, and required an allocation of 10 percent of the fees to the Department of Toxic Substances Control. (Chapter 562)

AB 712 (Sher)–Used Oil Recycling–Extended from 70 to 120 the number of days the CIWMB has to report on accumulated industrial and lubricating oil sales and used oil recycling rates. Created a misdemeanor for making a false claim of exemption from payment of used oil recycling fees, punishable by imprisonment for not more than one year and a fine not to exceed $5,000. Made other technical amendments to the Used Oil Recycling Program. (Chapter 675)

AB 1107 (Cortese)–Integrated Waste Management Plans–Codified a chaptered-out provision of AB 3001 (Cortese) of 1992 which provided that household hazardous waste elements (HHWEs) and nondisposal facility elements (NFEs) are not subject to approval by the county and by a majority of the cities within the county. (Chapter 146)

AB 1220 (Eastin)–CIWMB-SWRCB Overlap / Tipping Fee–Required the Board, by 10/1/93 to develop performance standards for evaluating certified LEAs and required the CIWMB to periodically review each LEA, and its implementation of the permitting, inspection, and enforcement programs. Required the Board, in conjunction with an LEA inspection, to conduct at least one inspection of each solid waste landfill and transformation facility in the state, every 18 months. Increased the funding level for cleanup at abandoned and illegal solid waste disposal sites (AB 2136-Eastin-1993), with funding set at $8 million in FY 93-94, and $5 million annually thereafter. Increased funding levels for existing market development and public education programs, with funding set at $5.7 million in FY 93-94. Provided a one-time reduction in tipping fee (From 75 cents to 18 cents per ton, for one fiscal quarter). Increased the tipping fee the $1.34 per ton, beginning in FY 94-95, and provided that the tipping fee would be set by the Board thereafter, not to exceed $1.40 per ton. Provided $300,000 in FY 93-94 for a pilot program for price preferences for procurement of recycled products (AB 11-Eastin-1993). Provided $4 million in FY 94-95 for reimbursement grants to local governments for household hazardous waste programs, and provided $3 million annually thereafter. Required the CIWMB and the SWRCB to develop an implementation plan and to make recommendations for additional reforms by 7/1/94. Urgency measure. (Chapter 656)

AB 1405 (Morrow)–Waste Diversion Requirements for New Cities–Authorized the CIWMB to grant an extension from the waste diversion requirements for any newly incorporated city under specified conditions. (Chapter 183)

AB 1496 (Peace)–Capital Access Loan Program–Repealed an existing small business loan program administered by the Department of Banking, and replaced it with a new Capital Access Loan Program, to be administered by the California Economic Development and Infrastructure Bank. (Chapter 1164)

AB 1569 (Harvey)–Financial Assurances for Closure and Postclosure–Required the Board, by 3/1/94, to review and revise regulations affecting solid waste landfill closure and postclosure financial assurances, in order to make them consistent with federal regulations due to become effective 4/9/94. Required the regulations to seek to minimize compliance costs for publicly owned and operated landfills and to provide flexible closure and postclosure financial assurance mechanisms to enable funding to be available for meeting waste diversion mandates in current law. (Chapter 360)

AB 1769 (Margolin)–Dry Cell Batteries–Prohibited after 1/1/95, the sale of any rechargeable consumer product unless the product meets specified requirements. Required, after 7/1/94, each rechargeable battery, consumer battery pack, and the package for each item to meet specified requirements. Authorized the CIWMB to adopt regulations that require substantially similar labeling requirements for batteries with different chemical types. Authorized the CIWMB to grant up to three exemptions, of not more than two years each, from the requirement that batteries and battery packs be “easily removable”, if the Board finds that the manufacturer has been unable to commence manufacturing of the rechargeable consumer product with an equivalent level of product performance without causing danger to human health and safety or to the environment. Authorized the Board to establish a fee to recover the costs of processing exemption applications. Provided that actions taken solely to increase recycling of batteries are not a violation of specified antitrust laws. (Chapter 816)

AB 1781 (Knowles)–Closure and Postclosure Maintenance Costs–Updated the citation to federal regulations that set forth the financial assurance mechanisms for providing evidence of financial ability to cover the costs of closure and postclosure maintenance of a solid waste disposal site. (Chapter 95)

AB 1787 (Bowen)–Household Batteries–Prohibited the sale of any dry cell battery manufactured on or after 1/1/94 for household use in which the mercury content exceeds specified limits. Prohibited after 1/1/94 any person from manufacturing or selling mercuric oxide button cell batteries. Prohibited the sale of alkaline manganese or zinc-oxide batteries manufactured after 1/1/96 if the battery contains any intentionally introduced mercury. (Chapter 817)

AB 1827 (Sher)–RCRA Conformance–Brought California’s program for regulating solid waste landfills into conformance with federal regulations under RCRA. Required an owner or operator of a solid waste landfill, when applying to become an operator, to certify to the CIWMB and the LEA that a trust fund or equivalent arrangement has been established, and that adequate funds are annually deposited for closure and postclosure maintenance. Required the owner or operator to submit to the CIWMB specified evidence of financial responsibility. Increased from 15 to 30 the number of years for which an owner or operator must demonstrate financial ability for postclosure maintenance. Prohibited the open burning of solid waste at any solid waste facility, upon the effective date of the federal regulations, with specified exceptions. Also repealed an existing exemption for Kings County from the requirement to submit a postclosure maintenance plan, and to provide a fund for postclosure maintenance. Urgency measure. (Chapter 289)

AB 1909 (O’Connell)–Market Development Programs–Required the Board to develop a comprehensive market development program which will stimulate market demand in California for postconsumer materials and secondary materials. Required the Board to report on its progress in developing and implementing the market development plan in the annual report to the Legislature. Also authorized the Board to sell any of its market development loans on the secondary market with a discount of 25 percent or less. (Chapter 733)

AB 2136 (Eastin)–Disposal Site Cleanup Program–Required the CIWMB, by 1/1/94, to initiate a program for the cleanup of solid waste disposal sites, and at co-disposal sites where the responsible party either cannot be identified or is unable to pay for timely remediation, and where cleanup is need to protect public health and safety or the environment. Required the CIWMB on 3/1/95 and annually thereafter, to report to the Governor and the Legislature on the program for solid waste disposal site cleanup. Provided for a one time appropriation of $8 million in FY 93-94, and $5 million annually thereafter for implementation. (Chapter 655)

ACR 57 (Eastin)–California Materials Exchange Program–Commended the CIWMB for establishing the CalMax program. (Chapter R-104)

AJR 32 (Bornstein)–Tax Exempt Financing–Urged modification of the federal definition of “solid waste facilities” for tax treatment purposes, to allow facilities utilizing recovered materials to be eligible for tax-exempt financing. (Chapter R-80)

SB 466 (Boatwright)–Rigid Plastic Packaging Containers–Exempted until 1/1/97 containers manufactured for food and cosmetics from the requirements of the RPPC source reduction and recycling program. Also exempted until 1/1/96 all RPPCs used for shipping hazardous waste. Required manufacturers of RPPCs to submit a specified report to the CIWMB and to seek nonobjection letters from the FDA to allow the use of recycled-content containers for food and cosmetics. Required the CIWMB to review the reports, and authorized the Board to levy fines or require additional actions by manufacturers under specified conditions. Authorized the Board to enter into contracts with trade organizations for submittal of the required reports. Required the Board to conduct a public hearing and the review the recycling rate method of compliance within the RPPC program. (Chapter 1062)

SB 734 (Rosenthal)–Procurement of Recycled Products–Required all state agencies to purchase re-refined automobile lubricants, recycled antifreeze, recycled solvents, and recycled paint, as specified, if available and of equal quality of nonrecycled items. (Chapter 959)

SB 744 (McCorquodale)–Waste Tire Hauler Registration–Enacted a new waste tire hauler registration program, to be administered by the CIWMB and funded from the Tire Recycling Fund. Required every person who engages in the transportation of five or more waste tires on and after 1/1/95, to hold a valid waste tire hauler registration, with specified exceptions. Specified grounds for the denial, suspension, or revocation of registration. Required the Board to develop a waste tire manifest system to be maintained by all parties for three years. Authorized a civil penalty of up to $10,000 and authorized the CIWMB to impose an administrative penalty of up to $1,000 per day. (Chapter 511)

SB 817 (Wright)–Ventura County Waste Management Authority–Created the Ventura County Waste Management Authority for the purposes of integrated waste management planning and compliance. (Chapter 1074)

SB 855 (Greene, L.)–Sacramento County Regional Solid Waste Management District–Created the Sacramento County Regional Solid Waste Management District for the purposes of integrated waste management planning and compliance. (Chapter 1129)

SB 951 (Hart)–Trash Bags / Rigid Plastic Packaging Containers–Required the CIWMB to grant a one-year waiver from the source reduction and recycling requirements for RPPCs that are introduced and sold in the state after 1/1/95, and made technical and clarifying changes to the RPPC program. Required each manufacturer of plastic trash bags on 3/1/94, and annually thereafter, to submit a report to the CIWMB certifying compliance with the recycled-content requirements of the trash bag program. Required each wholesaler of plastic trash bags, on or before 3/1/94, and annually thereafter, to certify to the CIWMB the name and location of each manufacturer from whom it purchased plastic trash bags. Provided that each manufacturer obtain from its suppliers of recycled plastic postconsumer material a statement identifying the quantity and proximate prior usage of each shipment of recycled plastic postconsumer material purchased by the manufacturer, in addition to the actual postconsumer material content of each shipment. Authorized the CIWMB to disclose specified information on material prices included in certificates of compliance. Also defined “curbside collection program”, HDPE”, “manufacturer”, “wholesaler”, and revised the definitions of “source reduced container” and “recycling rate.” (Chapter 1076)

SB 1091 (Killea)–Household Hazardous Waste–Exempted from the prohibition against transporting HHW without a manifest any person or “conditionally exempt small quantity generator” transporting hazardous waste to an authorized HHW collection facility. Required public agencies operating a HHW collection facility to submit specified information to DTSC. Authorized a public agency or person that accepts HHW from small quantity generators to charge a fee proportional to the cost incurred in handling the waste. Also authorized the revision of regulations. (Chapter 913)

SB 1092 (Killea)–Solid Waste Facility Permit Violations–Authorized an enforcement agency, when investigating the operation of a solid waste facility for the purpose of issuing or reviewing a solid waste facilities permit, to require any person it believes to have information concerning a suspected violation to furnish that information to the enforcement agency. (Chapter 1283)

Statutes of 1992

AB 260 (Epple)–Mandate Reductions for Jurisdictions Using Transformation–Revised the conditions which must be met by a local government to be eligible to petition the Board for a reduction in the (AB 939) waste diversion requirements due to disposal of 75 percent or more of the jurisdiction’s solid waste by transformation as of 1/1/90. (Chapter 736)

AB 961 (Alpert)–Medical Waste–Required all medical waste to be transported in vehicles and containers in accordance with the laws regulating hazardous waste haulers. Prohibited the storage of biohazardous or sharps waste under specified conditions. Authorized specified law enforcement officers to enforce the provisions of the Medical Waste Management Act, and prohibited the disposal of untreated medical waste in a solid waste landfill. Also revised definitions of terms such as “biohazardous waste”, “common storage facility”, “medical waste”, “medical waste generator”, “on site”, and “transfer station.” Urgency measure. (Chapter 54)

AB 2092 (Sher)–Submittal of Integrated Waste Management Plans–Extended the deadline by which cities and counties must prepare and submit integrated waste management plans (to 12 or 18 months following OAL approval of integrated waste management planning regulations, depending on a jurisdiction’s remaining landfill capacity). Also changed the date by which cities and counties must prepare and adopt SRREs and HHWEs, from 1/1/91 to 1/1/92. Urgency measure. (Chapter 105)

AB 2211 (Sher)–Wood Waste–Repealed the requirements regarding testing and evaluation of co-compost products. Clarified that diversion of nonyard wood wastes for use as a fuel source can count toward the 10 percent of the year 2000 diversion requirements authorized to be met through transformation. Clarified that the CIWMB may impose penalties for failure to submit an adequate element of an integrated waste management plan. Clarified provisions which establish procedures under which the CIWMB may impose civil penalties, and deny, suspend, or revoke solid waste facility permits. (Chapter 280)

AB 2292 (Hannigan)–Agricultural Waste Collection Program–Expanded the definition of “eligible participant” for existing county agricultural waste collection programs to include persons who store such waste in specified amounts and operate an agricultural pest control business, an agricultural pesticide dealership, a park, a cemetery, a golf course, a governmental agency which performs pest control work, or a business concern which primarily conducts operations relating to agriculture. Also extended the program’s sunset date by one year, from 1/1/93 to 1/1/94. (Chapter 591)

AB 2393 (Cortese)–Heavy Metals in Packaging Study–Required the CIWMB to conduct a study on the presence of heavy metals in packaging, and the threat which heavy metals pose to public health and safety and to the environment. Required the CIWMB to report to the Legislature by 1/1/95, and to include legislative recommendations in the report. (Chapter 357)

AB 2494 (Sher)–Regionalization of Integrated Waste Management Planning / Disposal-based Counting / Assistance to Local Governments–Required the CIWMB to use a disposal-based method of measuring compliance with the 25 percent and 50 percent waste diversion mandates. Allowed jurisdictions with populations of up to 250,000 to meet the waste diversion mandates on a regional basis, rather than requiring each jurisdiction to meet the mandates individually; and allowed the submittal of regional integrated waste management plans, rather than countywide integrated waste management plans. Also required the CIWMB to provide increased assistance to local governments in preparing their integrated waste management plans, and to develop model programs for use by cities and counties in the areas of market development, source reduction, and public education and information. (Chapter 1292)

AB 2567 (Moore)–Solid Waste: Plans: Fees–Required cities and counties, when imposing fees or fee increases for waste management planning, to hold at least one public meeting at which oral or written presentations may be made, to mail notice of the meeting(s) to interested parties at least 14 days in advance, to make cost information available to the public at least 10 days prior to the meeting, to impose fee increases only by ordinance or resolution, to prohibit the collection of fees in excess of estimated actual costs, and to require an excess revenues collected be used to reduce the fee charged. (Chapter 487)

AB 2618 (Peace)–Facilities on Native American Lands–Corrected a code reference related to enforcement powers over hazardous and solid waste facilities on Native American lands. Also contained other provisions related to the implementation of AB 240 (Peace) of 1991. Urgency measure. (Chapter 113)

AB 2661 (Chandler)–Rice Straw–Required the CIWMB, by January 1, 1994, to evaluate rice straw as landfill cover material, or as an extender for other landfill cover material, and to report its findings to the Legislature. Also stated legislative intent that all feasible alternatives to rice straw burning and options for diverting rice straw from landfills be encouraged. (Chapter 1207)

AB 2920 (Lee)–Disaster Debris–Required the CIWMB to develop a plan, in cooperation with the OES, to provide for the handling, storage, processing, transportation, and diversion from landfills of disaster-related debris. (Chapter 436)

AB 2923 (Hauser)–Waste Tire Facilities–Excluded from the definition of “minor waste tire facility” any tire dealer or automobile dismantler which does not accumulate more than 1500 tires on its premises at a time, and stores them for less than 90 days. (Chapter 199)

AB 3001 (Cortese)–Nondisposal Facilities–Required cities and counties to prepare, as part of their integrated waste management plans, a “nondisposal facility element” (NDFE), describing those facilities, other than landfills and transformation facilities, which will be needed to meet the 25 percent and 50 percent waste diversion mandates. (Chapter 1291)

AB 3073 (Sher)–Oil Recycling–Clarified the definition of “oil manufacturer.” Placed specific restrictions on the CIWMB’s ability to raise the recycling incentive fee amount. Provided that local agencies are not prohibited from purchasing virgin oil products for exclusive use in vehicles with warranties that would be voided by the use of products containing recycled oil. Amended the recycling fee exemption for oil sold for use in vessels operated in interstate or foreign commerce. Added an exemption from payment of the fee for “manufacturers” which handle volumes of five gallons or less. Changes the timing of the payments of the recycling incentive fees and allows the Board to collect the fees pursuant to the Fee Collection Procedures Law. Urgency measure. (Chapter 1101)

AB 3348 (Eastin)–Eastin Fund / HHW Expenditures–Made the following changes to the Solid Waste Disposal Site Cleanup and Maintenance Act (AB 2448 of 1987): (1) repealed the Solid Waste Cleanup and Maintenance Advisory Committee; (2) required the Board to include in its annual report to the Legislature information related to closure and postclosure maintenance of solid waste landfills; (3) increased the percentage of the funds allocated annually for Household Hazardous Waste (HHW) grants from 20 percent to 35 percent ($4 million to $7 million) of the Solid Waste Disposal Site Cleanup and Maintenance Account (the “Eastin Fund”) beginning with FY 1992-93, to be dedicated to discretionary grants only with priority given to regional projects and start-up funding for rural areas, small cities, and other underserved areas; (4) repealed the requirement that the Board make loan guarantees to solid waste landfill owners or operators, and repealed the requirement that the Board reserve 25 percent of the Eastin Fund for the loan guarantee program; (5) allocated $60,000 from the Eastin Fund to DTSC for the joint development of a database of HHW programs in FY 1993-94; (6) made a one-time appropriation of $2.5 million from the Eastin Fund to the SWRCB to complete a review of solid waste landfill facilities that have been classified in ranks one through five in the SWAT program; (7) provided that, if funds were transferred by other legislation from the IWMA to the SWRCB, not more than $2.248 million was to be transferred from the Eastin Fund to the IWMA; (8) provided for a loan of $3 million from the Eastin Fund to the California Used Oil Recycling Fund for start-up of that program in 1991, and required the loan to be fully repaid with interest by 6/30/94; and (9) required the CIWMB and the SWRCB to prepare a report to the Legislature and recommend legislation (by 3/1/93) to remove regulatory overlap, duplication, and conflict between the two boards and the LEAs related to the regulation of solid waste landfills. Urgency Measure. (Chapter 1218)

AB 3427 (Filante)–Medical Waste–Required DHS to adopt specific regulations to promote waste minimization and source reduction. Required that medical waste be transported by a registered hazardous waste hauler registered with the CHP. Revised definitions, and made other technical changes to the Medical Waste Management Act. (Chapter 878)

AB 3521 (Tanner)–Recycled Paper Program Costs–Required that revenues from the recycling of waste paper and other materials by state agencies be deposited in the IWMA to be continuously available to the CIWMB until 7/1/94, and after that date be appropriated by the Legislature for the purposes of offsetting recycling program costs. Allowed revenues derived from the sale of recyclable materials by state agencies and institutions to be continuously appropriated to those state agencies and institutions (up to $2,000) for funding their own programs. (Chapter 1116)

AB 3789 (Woodruff)–Cement Kiln Dust–Required CalEPA to contract for a study to determine if corrosivity criteria in hazardous waste regulations should apply to certain cementitious wastes. Also required the Secretary of CalEPA to appoint a technical advisory committee to assist in the selection of the contractor and to provide technical assistance during the study. Provided that the study be funded solely by private industry, limited to $100,000. (Chapter 1125)

AJR 70 (Eastin)–Federal Tax subsidies for Recycled and Virgin Materials–Memorialized the federal government to level the playing field for recycled materials used in product manufacturing by phasing out tax subsidies to specified virgin materials, taxing specified virgin materials contained in select items, providing tax advantages for recycled materials used in manufacturing products, or any combination of these measures. (Chapter R-79)

AJR 101 (Sher)–Resource Conservation and Recovery Act (RCRA)–Memorialized the President and Congress to allow the planning provisions of the IWMA to supersede the provisions of pending amendments to RCRA. (Chapter R-128)

SB 50 (Torres)–Nonhazardous Waste Classification for Combustion Residues–Required DTSC to classify as nonhazardous any fly ash, bottom ash, or flue gas residues generated from a biomass combustion process, unless the ash, when tested, exceeds DTSC hazardous waste criteria. (Chapter 1218)

SB 610 (Calderon)–Solid Waste Facilities–Authorized owners and operators of solid waste disposal sites to provide evidence of financial ability to meet the costs of facility closure and postclosure maintenance through the use of any means set forth in federal regulations, including liability insurance. (Chapter 1062)

SB 1143 (Killea)–Household Hazardous Waste Database–Required the CIWMB and DTSC to maintain a statewide database of all household hazardous waste collection events, facilities, and programs, and to make the information available to the public upon request. Also created an exemption from restrictions related to the transportation of hazardous waste for those people transporting latex paint, antifreeze, small batteries, and used oil to a HHW collection facility. (Chapter 1346)

SB 1661 (Greene, L.)–Taxpayers’ Bill of Rights–Expanded the Taxpayers’ Bill of Rights to apply to the assessment, audit, and collection of nine tax and fee programs administered by the BOE, including the (CIWMB’s) Solid Waste Disposal Site Cleanup and Maintenance Fee (the Eastin Fund). Required the BOE to hold an annual hearing to allow industry representatives and individual fee payers to present proposals on changes to the CIWMB law. Also required BOE, in cooperation with the CIWMB, to develop a plan to reduce the time required to resolve petitions for redetermination and claims for refunds. (Chapter 438)

SB 1684 (Greene, L.)–Recycling Equipment Tax Credit Law–Made minor amendments to the recycling equipment tax credit program administered by the CIWMB. (Chapter 1295)

SB 1703 (Johnston)–Disposal Fees–Authorized counties to provide waste collection and disposal services within incorporated areas of the county where cities do not provide their own waste disposal services. Authorized counties to impose fees within those incorporated areas with the consent of the city’s legislative body, required the fees for the incorporated and unincorporated areas to be uniform, and required that no fee be charged where no services are provided. (Chapter 269)

SB 1919 (Hart)–Minimum Content for Trash Bags / Mixed Waste Paper Study–Extended the deadline for sellers of trash bags to certify to CIWMB that they have complied with the statutory requirements of the minimum content trash bag program in the preceding year; directed the CIWMB to publish a list of fines levied against violators of the trash bag program; and extended the deadline for the CIWMB to submit recommendations to the Legislature regarding programs to encourage high level recycling of mixed paper wastes. (Chapter 688)

SB 1985 (Thompson)–Household Hazardous Waste–Defined the term “household hazardous waste collection program”, and expanded the current exemption for operators of used oil or HHW collection centers from liability for cleanup costs by adding an exemption from fees imposed by DTSC for its costs for oversight of a cleanup operation. Urgency measure. (Chapter 363)

SB 2061 (Leslie)–Wood Waste / Technical Assistance for Local Governments–Authorized the CIWMB, as part of an existing regulatory review, to consider whether the operational requirements that apply to nonhazardous wood waste landfills should differ from the operator requirements that apply to other categories of solid waste landfills. Required the CIWMB to revise its regulations if a determination is made that the operational requirements differ. Also required the CIWMB, when providing training or technical assistance and guidance to local jurisdictions, to pay particular attention to cities and counties which demonstrate to the CIWMB their small geographic size or low population density, and the small quantity of solid waste generated within the city or county. (Chapter 1035)

Statutes of 1991

AB 240 (Peace)–Disposal Facilities on Native American Lands–Authorized the Secretary of CalEPA to enter into negotiations and agreements with Native Americans for the siting of hazardous waste and solid waste disposal facilities. Allowed the Secretary of CalEPA, after consulting with affected state agencies including the CIWMB, to enter into cooperative agreements which provide for the permitting, monitoring, and enforcement of waste facilities that are functionally equivalent to the state laws implemented by the affected agencies. Provided for technical assistance from the affected state agencies to a tribe upon approval of the cooperative agreement, and provided for reimbursement of all state agency costs associated with permit review and technical assistance by a tribe. (Chapter 805)

AB 719 (Wright)–Public Notice of Costs of Waste Disposal–Authorized local agencies to meet the public notice requirements related to costs of waste disposal by publishing the information in a newspaper of general circulation in their jurisdiction no more than twice in any calendar year, rather than notifying households individually four times a year. (Chapter 1085)

AB 724 (Kelley)–Local Government Waste Management Fees–Required counties that provide compulsory solid waste collection services to areas that do not require regular collection services to provide reduced charges, rebates, or exemptions for these areas. Also exempted undeveloped land from compulsory solid waste collection fees, and expanded the counties’ ability to assess specified liens on properties that have delinquent charges for solid waste collection. (Chapter 248)

AB 1100 (Lee)–Used Oil Collection Program–Authorized the CIWMB to adopt emergency regulations for implementing the used oil grant program. Deleted the 7/1/91 deadline for preparing regulations and making grant applications available. Urgency measure. (Chapter 586)

AB 1327 (Farr)–Model Ordinance for Recycling in Development Projects–Required the Board to approve a model ordinance for adoption by any local government for the transfer, receipt, storage, and loading of recyclable materials in development projects by 3/1/93. Required local agencies to adopt a local ordinance by 9/1/93 or allow the model ordinance to take effect. (Chapter 842)

AB 1381 (Areias)–Source Reduction and Recycling Programs for Schools–Required the CIWMB to develop and implement a source reduction and recycling program for school districts. Required the program to include: a survey of school districts; development of a model program; ongoing technical assistance; a repository of teaching and educational materials; a review of school equipment needs; assistance in locating markets for school recyclables; a tracking system to count school recycling efforts; and dissemination of procurement information to schools on products made from recycled materials. Required the CIWMB to report on the effectiveness of this program by 3/31/94. Also appropriated $125,000 from the IWMA for implementation of this program. (Chapter 843)

AB 1476 (Eastin)–Landfill Inspection and Enforcement–Expanded the uses of the money allocated to the SWRCB by the CIWMB from the Solid Waste Disposal Site Cleanup and Maintenance Account (the Eastin Fund). (Chapter 1088)

AB 1515 (Sher)–CIWMB Activities / General Waste Management Programs–Revised disclosure requirements for ex parte communications by CIWMB members; changed the requirement for a biennial report by the Board to the Legislature to an annual report; required the establishment of a Plastics Recycling Clearinghouse by 7/7/92; repealed and rewrote the requirements for CIWMB public information and education programs; added a program for diversion of non-yard wood waste. Also repealed the following provisions of law: the source reduction advisory committee; the recycling market development commission; the requirement for the Board to provide technical assistance in the form of waste evaluations for governmental entities and businesses; the requirement to develop a uniform cost accounting methodology to review tax incentive provisions and evaluate the costs and benefits of integrated waste management; the Los Angeles County Pilot Litter Program; the registration statement requirements, and accompanying penalties for failure to file, for waste tire stockpiles; the annual transfer of $5 million from the General Fund to the IWMA, and the corresponding transfer from the IWMA to the General Fund; and a duplicative requirement for a biennial report. (Chapter 717)

AB 1520 (Sher)–Sludge Diversion–Required the CIWMB, prior to determining that the diversion of sludge from a permitted disposal facility may count toward the diversion requirements, to make two determinations: (1) after a public hearing, make a finding that the sludge has been adequately analyzed by specified state agencies and will not pose a threat to public health and safety or to the environment when reused; and (2) make a finding that ongoing monitoring requirements have been established to ensure that the proposed sludge reuse does not pose a threat to public health and safety or to the environment. Urgency measure. (Chapter 718)

AB 1707 (Becerra)–Curbside Recycling Enforcement–Provided that recyclable materials become the property of the authorized recycling agency from the time they are placed at a designated location for residential curbside collection. Also authorized a court to award treble damages to a recycling agency (measured by the value of the materials removed) or to award a civil penalty of up to $1,000 per incident. Required any local ordinance imposing civil penalties for the authorized recycling agent be approved by a majority vote of the governing body proposing the ordinance. (Chapter 420)

AB 1760 (Eastin)–Metallic Waste–Prohibited solid waste facilities from accepting any major appliance, vehicle, or metal discard for which it is economically feasible to salvage the metallic waste for commercial recycling, after 1/1/94. Prohibited, after 1/1/94, an individual from placing a major appliance or metal discard into mixed municipal waste or disposing of such waste onto land. Exempted any facility operator who salvages these metallic wastes from the requirement to revise the solid waste facility permit. Required the CIWMB, in consultation with appropriate state agencies, to evaluate the use of nonhazardous shredder residue for use as a landfill daily cover material, or as an extender for currently used cover materials. Required after 1/1/94, the removal of certain hazardous materials (sodium azide canisters, PCBs, or CFCs) from metallic wastes prior to transportation or recycling. Required the CIWMB, by 1/1/93, to develop and submit a management plan to the Legislature on the removal of those hazardous materials from appliances and vehicles. (Chapter 849)

AB 1889 (Frizzelle)–Used Oil–Allowed used oil which meets specified purity levels to be exempted from the hazardous waste regulatory laws administered by DTSC, and to be handled as a recyclable material instead. Revised the standards of purity related to halogens to require that used oil containing more than 1000 ppm total halogens meet specific federal regulations. Excludes from regulation as a hazardous waste a recyclable material which is a used fuel intended for transfer to a refinery for reprocessing. (Chapter 1173)

AB 2076 (Sher)–Used Oil Recycling–Created a new program within the CIWMB by requiring the CIWMB to adopt a Used Oil Recycling Program to promote and develop alternatives to the illegal disposal of used oil. Required the CIWMB to implement a recycling incentive system; implement a grant or loan program to assist local governments and nonprofit entities in providing used oil collection services, implement a public information and education program; develop a used oil management reporting, monitoring, and enforcement program; pay recycling incentives to industrial generators, curbside collection programs, and certified collection centers; certify used oil collection centers every two years; and certify used oil recycling facilities if the DTSC indicates they are in compliance with applicable laws and regulations. Required used oil collection programs or generators, manufacturers of oil, used oil haulers and used oil recycling facilities, and grant recipients to report specified information to the CIWMB. Required certified collection centers to accept used oil from the public, without charge, during business hours, and to remit recycling incentives to those who bring oil to the centers. Authorized residual revenues from the manufacturers’ payments to be used by the CIWMB to award grants and loans to local entities that collect used oil, and for other specified purposes. Required the CIWMB to collect quarterly information concerning the amounts of oil sold, collected and transported for recycling in the state, and include that information in the Board’s annual report to the Legislature. (Chapter 817)

AB 2178 (Brulte)–Unused Latex Paint–Created a new program, administered by DTSC, to promote the recycling of latex paint. Prohibited the disposal of liquid latex paint to land or water unless authorized by law. Authorized businesses to accept latex paint for recycling under specified conditions. Required latex paint to be handled as a hazardous waste if the paint accepted for recycling is later learned to be nonrecyclable. Exempted paint retailers, collection facilities, and persons transporting latex paint from the hazardous waste manifesting requirements, and instead required a bill of lading for the waste shipped. (Chapter 364)

AB 2696 (Wright)–Trade Secrets–Required individuals furnishing any information that is necessary to comply with the waste management laws to the CIWMB or a local enforcement agency to identify, at the time of submission, all the information the person believes is a trade secret. Authorized the CIWMB to determine whether information identified as a trade secret is a trade secret, and prescribed the related procedural requirements. Also revised the conditions under which a trade secret could be released to governmental agencies or the public. (Chapter 301)

AB 3322 (Sher)–Code Cleanup–Made numerous technical amendments to the IWMA. (Chapter 1293)

SB 235 (Hart)–Rigid Plastic Packaging Containers–Created a new source reduction and recycling program within the CIWMB by placing specific prohibitions and requirements on the manufacture and sale of rigid plastic packaging containers (RPPCs) in California. Required every RPPC sold or offered for sale in California after 1/1/95 to meet one of the following criteria: be made of 25 percent postconsumer material; have a recycling rate of 25 percent (if its primary material is not PETE); have a recycling rate of 55 percent (if its primary material is PETE); be reusable or refillable; or be a source reduced container, as defined. Authorized the CIWMB to grant waivers from the criteria under specified conditions. Required the CIWMB to adopt regulations by 7/1/94 for the program. Required the CIWMB to report to the Legislature and the Governor by 3/31/93 with an implementation plan, methods for funding, recommendations for modifying the program, and special public health considerations for food containers. Also exempted the following RPPCs from the program: RPPCs shipped outside of California; RPPCs containing drugs, medical devices, medical food, or infant formula; and RPPCs containing toxic or hazardous products. (Chapter 769)

SB 487 (Bergeson)–Local Government Technical Advisory Committee–Created a nine-member local government technical advisory committee with staggered terms of two years, to perform the following tasks: provide a direct liaison between the CIWMB and local governments; advise the CIWMB of potential impacts of proposed policies and regulations; advise the CIWMB on the impacts of statewide programs in municipal waste management; make recommendations to the CIWMB on incentive and grant programs; and advise the CIWMB on regional approaches for solid waste management and CIWMB strategies for implementation. Also, required the CIWMB staff to assist the Committee in carrying out its duties. Provided that the committee would sunset on 1/1/95. Also revised the requirement that specified loan application fees be levied in an amount sufficient to cover administrative costs, to instead require that the fees be set a level sufficient to fund the CIWMB’s costs of processing loan applications. Urgency measure. (Chapter 1106)

SB 846 (Bergeson)–Recycled Soil–Required public utilities that have been issued an excavation permit by a local agency for repairing underground facilities to backfill the excavation with native soils if the soil meets certain criteria. (Chapter 1060)

SB 960 (Hart)–Wastepaper / State Recycling Program–Required the CIWMB, by 1/1/93, to submit recommendations to the Legislature regarding programs that are needed to encourage a high level of recycling of mixed paper waste. Also transferred responsibility for the state’s recycling program from the DGS to the CIWMB, and required the CIWMB to implement a recycling plan for legislative and state offices, and to operate the state waste paper collection program. (Chapter 1012)

SB 1066 (Dills)–Recycling Telephone Directories–Required the CIWMB to conduct a study of the feasibility of requiring all telephone directories issued or sold in California to be made of materials that will allow for the maximum volume of directories to be recycled, and to report to the Legislature by 7/1/94. Required the CIWMB to solicit comment through public hearings and workshops and to consult with representatives of telephone directory publishers in conducting the study. Established the following goals for recycling of telephone directories distributed in California: 30 percent by 1994, 35 percent by 1995, 40 percent by 1998, and 50 percent by 2000. Required the CIWMB to make recommendations to the Legislature if these goals are not attained. (Chapter 1066)

Statutes of 1990

AB 109 (Hayden)–Medical Waste–Allowed local agencies to create a specified medical waste management program, including: registration of medical waste generators, inspection of treatment facilities, treatment of medical waste prior to disposal, and methods for sanctions against violators. Established DHS as the enforcement agency when local agencies elect not to implement a program, or when DHS finds that the local program is inadequate. Allowed for the collection of registration and permit fees, and defined terms. Provided that programs are to be initiated by April 1, 1991. (Chapter 1613)

AB 1641 (Mojonnier)–Medical Waste–Specified the procedures for the management of medical wastes, established under AB 109 (Hayden, 1990). (Chapter 1614)

AB 1820 (Sher)–CIWMB Funding / Clarification of AB 939 Mandates–Appropriated monies from the Integrated Waste Management Fund to the CIWMB and the BOE to carry out the provisions of AB 939 during the current fiscal year. Also identified specified wastes which “do not count” toward the waste diversion goals in AB 939 (Sher, 1989) unless specified conditions are met. (Chapter 145)

AB 2296 (Cortese)–Permitting During “The Gap”–Provided an interim role for the prior County Solid Waste Management Plans (CoSWMPs) to govern the permitting of solid waste facilities; or, in other cases, provided for direct county and city approval of a facility that is not identified in a CoSWMP. Also provided for local agency review of permits for consistency with the related general plan, and for Board review for consistency with state standards and the waste diversion goals of AB 939 (Sher, 1989). (Chapter 1617)

AB 2596 (Tanner)–Recodification of Waste Management Provisions in the Public Resources Code–Recodified provisions of AB 1196 (Chapter 908, Statutes of 1989) and AB 1408 (Chapter 1260, Statutes of 1989) into appropriate sections of the PRC. Also, shifted authority from the CIWMB to LEAs to establish a fee schedule sufficient to pay the costs of processing applications for solid waste facility permits, including closure and postclosure maintenance planning for solid waste disposal facilities. (Chapter 231)

AB 2622 (Eastin)–Minimum Content for Glass–Established a minimum percentage of postfilled glass in the manufacturing of glass containers for food, drink and beverages. Required glass manufacturers to report the amount of recycled glass used in new containers, and to gradually increase the amount of recycled cullet in new containers. Authorized the DOC to approve or disapprove the disposal of unusable postfilled containers in landfills. (Chapter 1094)

AB 2641 (Wright)–Household Hazardous Waste–Provided relief to public agencies, and persons operating programs under agreement with public agencies, from the payment of certain fees related to the management of household hazardous waste. Also authorized public agencies operating a household hazardous waste collection program, or persons operating a program under agreement with a public agency, to accept limited quantities of hazardous waste generated by small commercial sources. (Chapter 1266)

AB 2707 (LaFollette)–Household Hazardous Waste Elements–Required that a separate element be included in the countywide integrated waste management plan (CIWMP) describing cities’ and counties’ Household Hazardous Waste programs. Also transferred provisions of AB 888 (Chapter 809, Statutes of 1989) from the Government Code to the Public Resources Code. (Chapter 1406)

AB 2758 (Eastin)–Recodification / Green Waste–Recodified AB 1010 (Chapter 72, Statutes of 1989) in the Public Resources Code. Also added an exemption from closure/postclosure requirements for cemeteries dumping materials such as grass clippings, flowers, and soil on cemetery grounds. (Chapter 183)

AB 3530 (Margolin)–Household Battery Study–Required the CIWMB to conduct a study on the disposal and recyclability of household batteries. Appropriated $150,000 from the Integrated Waste Management Account to the CIWMB for the study. (Chapter 1631)

AB 3777 (Chandler)–Study of Source Reduction and Recycling in Rural Areas–Required the CIWMB to complete a study of recycling and source reduction in rural areas, and report the results of the study to the Legislature by 7/1/91. (Chapter 1634)

AB 3987 (Katz)–Fees for Local Enforcement Agencies–Made a technical change in the rate adjustments to be approved by a local governing body in order to compensate for fees charged to solid waste facility operators or haulers by local enforcement agencies. (Chapter 305)

AB 3992 (Sher)–Technical Changes to the IWMA–Amended portions of the Public Resources Code to clarify provisions of AB 939 (Sher, 1989). (Chapter 1355)

AB 3994 (Sher)–Environmental Advertising–Made it unlawful for any person to represent that any consumer good, which it manufactures or distributes is “ozone friendly,” “biodegradable”, “photodegradable,” “recyclable” or “recycled” unless the item meets specified definitions or meets definitions established in trade rules adopted by the federal trade commission. The bill also requires any person who represents that any consumer good which it manufactures or distributes is not harmful to, or is beneficial to, the environment through the use of specified terms, to maintain in written form in its records information and documentation supporting the validity of the representation. (Chapter 1413)

AB 4032 (Harvey)–Landfill Gas–Required the CIWMB, in consultation with the ARB and the California Air Pollution Control Officers Association, to adopt regulations which establish monitoring and control standards for the subsurface migration of landfill gas. Disposal site owners and operators would be required to report monitoring data to the CIWMB, and to perform site inventories and evaluations. Required the CIWMB to report to the Legislature on progress in implementing the monitoring program and make recommendations for improvement as part of the biennial report to the Legislature. (Chapter 668)

SB 937 (Vuich)–Technical Cleanup to the IWMA–Repealed several provisions of the Government Code related to waste management and recodified them in the Public Resources Code. Also made technical corrections. (Chapter 35)

SB 1200 (Petris)–Used Oil Collection Program–Required the CIWMB to develop and administer a used oil collection grant program, and to adopt regulations for the administration of the program. (Chapter 1657)

SB 1761 (Vuich)–Technical Cleanup to the IWMA–Made technical corrections to AB 939, SB 1322 and other waste management bills from 1989. Moved and recodified AB 1041 from the Government Code to the Public Resources Code, and made other minor corrections. (Chapter 586)

SB 1813 (McCorquodale)–Household Battery Study–Authorized the CIWMB to study the use and disposal of household batteries used in portable electronic devices. (Chapter 711)

SB 2091 (Hart)–Disposal Cost Fee Study–Made minor clarifying changes to the disposal cost fee study required by AB 939. (Chapter 546)

SB 2092 (Hart)–Minimum Content for Trash Bags–Required sellers of trash bags in California to certify that they contain specified minimums of recycled postconsumer material: 10 percent by 1/1/93, 30 percent by 1/1/95. Appropriated $150,000 from the IWMA to the Board for the purposes of administering the program. (Chapter 1452)

SB 2195 (Bergeson)–Procurement of Recycled Materials by State Agencies–Amended the procurement requirements contained in SB 1322 (Bergeson, 1989) by mandating that DGS adopt specifications, rather than regulations, calling for procurement of recycled materials by state agencies. (Chapter 1156)

SB 2292 (Morgan)–Activities of the Source Reduction Advisory Committee–Authorized the Source Reduction and Advisory Committee established by SB 1322 (Bergeson, 1989) to take into account certain factors in making recommendations to the CIWMB regarding product durability standards. (Chapter 1301)

SB 2310 (Bergeson)–Recycling Market Development Zones–Made governmental agencies and other entities within Recycling Market Development Zones eligible for low-interest loans from the CIWMB to expand recycling programs. (Chapter 1543)

SB 2486 (Rogers)–Postclosure Exemptions for Cities in Kings County–Exempted cities in Kings County with a population of less than 20,000 that operate landfills, accepting less than 20,000 tons per year, from meeting postclosure requirements of SB 2448 (Eastin, 1987), and from air and water quality assessment requirements. (Chapter 1361)

SB 2532 (Marks)–Clean Glass Recycling Act–Prohibited the sale of glass food or beverage containers that contain ceramic materials. (Chapter 879)

SB 2894 (Alquist)–Tax Credit Cleanup–In the tax credit program for the purchase of new equipment used to manufacture new products for waste materials, clarified the formula for determining the baseline amount of equipment a company had the year before the tax credit is claimed. Increased the maximum amount eligible for a credit from $250,000 to $625,000 per facility, and made other technical changes. (Chapter 1055)

1989 | 1988 | 1987 | 1986 | 1985

Statutes of 1989

AB 888* (LaFollette)–Household Hazardous Waste Plan–Required a Household Hazardous Waste Plan to be attached to a CoSWMP at the next revision after 1/1/90. Authorized the Board to review and comment upon the plan and make recommendations. Required every local agency to certify that the plan is being implemented. Also required that specified solid waste facility permits include a permit condition which precludes acceptance of any solid waste originating in a county which has not submitted a household hazardous waste plan or method. Stated legislative intent regarding access to household hazardous waste disposal. Required a city or county or local agency to implement the household hazardous collection, recycling, and disposal program identified in the CoSWMP, and authorized the implementation of a joint household hazardous waste program. Required the Board’s guidelines to allow adequate flexibility to local agencies. Increased membership on the advisory committee to include a representative of used oil recyclers. Provided immunity to any city, county or local agency operating a household hazardous waste program for any damage or injury caused in the course of operating the program, unless the action is performed in bad faith or in a negligent manner. (Chapter 809)
* Provisions of this bill were superseded by AB 939 (Sher) of 1989.

AB 939 (Sher)–The Integrated Waste Management Act–Established the “California Integrated Waste Management Act (IWMA) of 1989.” Repealed the majority of Title 7.3 of the Government Code, regulating solid waste management, and codified the new Act in the Public Resources Code. Also repealed provisions of the Health and Safety Code, related to garbage and refuse disposal, and codified them in the Public Resources Code. Established an integrated waste management hierarchy to guide the Board and local agencies in implementation, in order of priority: (1) source reduction, (2) recycling and composting, and (3) environmentally safe transformation and land disposal. Included the following major provisions:

• California Integrated Waste Management Board–Replaced the part-time Solid Waste Management Board with a six-member California Integrated Waste Management Board (CIWMB). Required the new Board to include: one member appointed by the Governor with private sector experience in the solid waste industry; one member appointed by the Governor who has served as an elected or appointed official of a non-profit environmental protection organization, whose principle purpose is to promote recycling and the protection of air and water quality; two members appointed by the Governor who shall represent the public; one member appointed by the Senate Committee on Rules who shall represent the public; and one member appointed by the Speaker of the Assembly who shall represent the public.
• Integrated Waste Management Planning–Replaced the County Solid Waste Management Plan (CoSWMP) with an Integrated Waste Management Plan (IWMP). Required each county to establish a task force to coordinate the development of city Source Reduction and Recycling Elements (SRREs) and a countywide siting element . Required each city, by 7/1/91, to prepare, adopt and submit a SRRE to the county which includes the following components: waste characterization; source reduction; recycling; composting; solid waste facility capacity; education and public information; funding; special waste (asbestos, sewage sludge, etc.); and household hazardous waste. Also required each county, by 1/1/91, to prepare a SRRE for its unincorporated area, with the same components described above, and a countywide siting element, specifying areas for transformation or disposal sites to provide capacity for solid waste generated in the jurisdiction which cannot be reduced or recycled for a 15 year period. Required each county to prepare, adopt, and submit to the Board an Integrated Waste Management Plan (IWMP), which includes all of the elements described above, according to the following schedule: by 1/1/92 for counties with less than 5 years landfill capacity; by 1/1/93 for counties with 5 to 8 years landfill capacity; by 1/1/94 for counties with more than 8 years landfill capacity.
• Waste Diversion Mandates–Required each city or county plan to include an implementation schedule which shows: diversion of 25 percent of all solid waste from landfill or transformation facilities by January 1, 1995 through source reduction, recycling, and composting activities; and, diversion of 50 percent of all solid waste by January 1, 2000 through source reduction, recycling, and composting activities. Excluded agricultural wastes, inert wastes and other wastes not normally disposed of at landfills. Authorized any plan submitted after 1/1/95 to include up to 10 percent transformation in achieving its 50 percent diversion goal, provided front-end removal of recyclable materials and other specified conditions are met. Authorized the Board to exempt a city or county from these goals or to reduce the requirements if the city or county demonstrates that attainment of the goals is not feasible due to the small geographic size of the jurisdiction and the small quantity of waste generated. Authorized the Board to establish an alternative goal to the 50 percent requirement, after 1/1/95, if the Board finds that the local agency is effectively implementing all source reduction, recycling, and composting measures to the maximum extent feasible. Also authorized the Board to reduce the goals for any city or county which, prior to 1/1/89, disposed of 75 percent or more of its solid waste by transformation, provided that attainment of the 25 percent or 50 percent waste diversion goals would impair existing contracts, or would interfere with repayment of debt incurred to finance a transformation project.
• Board Review of IWMPs and Plan Implementation–Required the Board to approve or disapprove a city element or a county plan within 120 days of receipt. Required the Board to issue a notice of deficiency with specific recommendations for corrections, if an element or plan is disapproved, providing 120 days in which the city or county must correct the document and resubmit it to the Board. Required the Board to conduct a public hearing on any element or plan which still fails to meet the requirements after the revision, and authorized the Board to impose administrative civil penalties of up to $10,000 per day for failure to submit an adequate plan. Also required the Board to review the implementation of each SRRE at least once every two years. Authorized the Board, if it finds, after a public hearing, that the city or county has failed to implement its element, to issue an order of compliance with a specific schedule. Also authorized the Board to impose administrative civil penalties of up to $10,000 per day for continued failure to comply. Required each city to review its element and each county its plan at least once every five years to correct deficiencies, comply with the waste diversion requirements, and revise documents as necessary.
• Permitting and Enforcement–Established a comprehensive statewide system of permitting, inspections, enforcement, and maintenance for solid waste facilities. Required the Board to adopt minimum standards for solid waste handling and disposal to protect air, water, and land from pollution. Required the Board, by 1/1/94, to establish minimum standards requiring operators of solid waste facilities to provide assurance of financial ability to respond to possible damage claims. Required the Board, by 8/1/91, to prepare and adopt certification regulations specifying requirements that a local agency shall meet before being designated as a Local Enforcement Agency (LEA). Required the Board, in conjunction with an inspection conducted by an LEA, to conduct at least one inspection per year of each solid waste facility in the state.
• Financing–Authorized local jurisdictions to impose fees based on the types or amounts of solid waste generated to be used to pay actual costs incurred in preparing, adopting and implementing integrated waste management plans, as well as in setting and collecting the local fees. Also provided that state planning, implementation and operating costs be funded by a fee collected by every operator of a solid waste landfill and paid quarterly to the Board of Equalization, based on all solid waste disposed of at each disposal site, after 1/1/90. Set the fee initially at 50 cents per ton through 6/30/90; at an amount sufficient to generate the 1990-91 funding, but not to exceed 75 cents per ton from 7/1/90 through 6/30/91; and, from 7/1/91, at an amount sufficient to generate funding for each fiscal year, but not to exceed one dollar per ton. (Chapter 1095)

AB 1010 (Eastin)–Woodwaste–Excluded from the definition of “solid waste landfill” a facility which receives only nonhazardous wood waste derived from timber production or wood product manufacturing. (Chapter 72)

AB 1041 (LaFollette)–Plastic Recycling -Required the Board to submit a report on the use, disposal, and recyclability of plastic materials and containers which are not subject to the “Bottle Bill” (AB 2020 of 1986) to the Governor and Legislature, by 1/1/91. (Chapter 498)

AB 1092 (Tanner)–Waste Discharge in the San Gabriel Valley–Prohibited, in the Main San Gabriel Groundwater Basin, any variance to be issued by a regional board to a waste discharge permit for a new landfill or lateral expansion to an existing landfill. Also revised the definition of “lateral expansion” to exclude certain waste management units. Made legislative findings and declarations regarding the need for the specified restrictions due to the unique conditions in the San Gabriel Valley. (Chapter 736)

AB 1101 (LaFollette)–Household Hazardous Waste–Required local agencies which do not directly charge a fee for solid waste collection, transfer, and disposal, or which charge a fee which is equivalent to less than 90 percent of the cost of providing the services, to inform all residential households at least once every three months concerning the monthly costs of solid waste handling and the monthly volumes of solid waste produced. (Chapter 541)

AB 1308 (Killea)–Personal Income Taxes: Recycling Equipment–Provides, until 1994, a personal income tax credit for each of three specified years, of the purchase price paid or incurred by the taxpayer for qualified property, which would be defined, generally, as machinery or equipment used to manufacture finished products composed of secondary waste material and postconsumer waste. The credit could exceed $250,000 with respect to qualified property used in any one manufacturing facility. Required the CIWMB to perform specified duties in connection with the credit. (Chapter 1091)

AB 1427 (Wright)–Closure and Maintenance–Required an owner of a solid waste landfill to submit the same plans, estimates, fiscal arrangements, and deposits in trust funds, as the operator of a landfill. Prohibited transfer of any obligation imposed on an owner or operator for the financial responsibilities of closure and postclosure from the owner or operator to any other person. (Chapter 527)

AB 1843 (W. Brown)–Waste Tire Facilities–Required the Board to adopt regulations for issuing permits for waste tire facilities. Required every person, except specified tire dealers, who store or stockpile more than 500 waste tires at a specific location in a calendar year, and every owner or operator of a waste tire facility to file a registration statement with the Board, subject to a civil penalty. Prohibited, under specified penalty, any person from directing or transporting waste tires to, or accepting waste tires at, a waste tire facility unless the operator has a permit; prohibited any person from knowingly directing, or transporting waste tires to, or accepting waste tires at, a waste tire facility for which a permit has not been issued by the Board. Provided for the issuance of permits for major and minor waste tire facilities, as defined, and provided exemptions for retreading, burning, and agricultural purposes.

Provided for suspension or revocation of the permits after notice and hearing, and authorized the Board to clean up or abate the effects of waste tires stored, stockpiled, or accumulated in violation of the provisions of the bill. Provided for the recovery of costs. Provided for civil penalties, imposed administratively or by the court, for negligent or intentional violation of the bill, not to exceed $10,000 per violation, or for continuous violation, $10,000 per day. Created the California Tire Recycling and Management Fund, and required the penalties to be deposited in the Fund. Required the Board to adopt regulations authorizing shredded tire storage at landfills and to award funds for recycling activities, to be funded by a 25 cent tire disposal fee imposed after 7/1/90 until 6/30/99. Required DGS to give a preference in state purchases of recycled tire products. Transferred $1 million from the Environmental License Plate Fund to the Tire Recycling Fund as a loan, to be repaid with interest by 6/30/91. (Chapter 974)

AB 2295 (Cortese)–Fertilizer–Exempted agricultural products derived from municipal sewage sludge for fertilizer material from regulation as a solid waste. (Chapter 1247)

SB 228 (Garamendi)–Eastin Fund Fee–Required the fee imposed to support the Eastin Fund to be based on the amount of waste disposed at each facility, rather than on the amount handled. (Chapter 654)

SB 432 (Alquist)–Income Taxes: Recycling Equipment–Provides, until 1994, a personal income tax credit for each of three specified years, of the purchase price paid or incurred by the taxpayer for qualified property, which would be defined, generally, as machinery or equipment used to manufacture finished products composed of secondary waste material and postconsumer waste. The credit could exceed $250,000 with respect to qualified property used in any one manufacturing facility. Required the CIWMB to perform specified duties in connection with the credit. (Chapter 1090)

SB 1322 (Bergeson)–Supplement to AB 939 / State Programs–SB 1322 was enacted in union with AB 939 to form the “California Integrated Waste Management Act of 1989.” Made legislative declarations regarding the high priority of implementing state programs to: change manufacturing and consumption habits; increase the procurement of recycled materials by the state; improve markets for recyclable materials; conduct research and development to improve the manufacturing processes for recycled materials; and inform and educate the public about the integrated waste management hierarchy. Defined terms used throughout the IWMA. Primarily described actions and programs to be developed at the state level to promote integrated waste management. Included the following programs:

• Source Reduction Advisory Committee–Created a seven-member committee to recommend specific actions to the Board and the Legislature to reduce the volume of materials generated in the state, and to make recommendations regarding: packaging and product design; product durability; increasing the use of recycled feedstock; reducing toxicity in packaging and products; and new technology techniques.
• Recycled Market Development Commission–Created the commission, consisting of the Chair of the CIWMB, the Director of the Department of Commerce, and a manufacturing representative to be appointed by the Governor, to: serve as a liaison between the state and manufacturers; assist local governments in including recycling in economic development plans; promote utilization of all financial resources for expanding the capacity of the recycling industry; review the Board’s research and development programs; and review state, local and private industry procurement practices and make recommendations for improvements.
• Market Development Zone Program–Created the Market Development Zone Program to stimulate the recycling of postconsumer waste materials generated in California as raw materials used for feedstock by private business, industry, and commerce.
• Recycled-Content Paper Program–Established the Recycled-Content High Grade, Bleached Printing and Writing Papers Program to ensure that DGS purchases at least 25 percent of all specified paper made from recycled-content paper; increasing to 30 percent on and after 1/1/94, 35 percent on and after 1/1/97, and 40 percent on and after 1/1/2000.
• Compost Market Program–Created the Compost Program to maximize the use of compost, co-compost, and chemically-fixed sewage sludge.
• Plastic Recycling Program–Established the Plastic Program requiring: a Board review of DGS procurement guidelines; the development of specifications for the procurement of recycled secondary and postconsumer plastic products; a purchasing preference for recycled plastic products where the price is equal to or less than that of the virgin product and the quality is equal; and a Board study to identify methods to increase the utilization of recyclable plastics in the manufacturing of new products.
• Retreaded Tire Program–Created the Tire Program, requiring the Board to identify obstacles for an increased market for retreaded tires, and authorizing DGS and the Board to promulgate regulations for the purchase of retreaded tires by the State. Also required all tires on state vehicles issued for short term use to be equipped with retreaded tires by 7/1/91. Required the Board, in consultation with DGS, to study the quality and performance of retreaded tires purchased by DGS, and to report on the effectiveness of the entire program in its annual report to the Legislature.
• Recycled Lead-Acid Battery Program–Established the Lead-Acid Battery Program, requiring all such batteries purchased by any state agency to be recycled lead-acid batteries, as defined. Also required DGS to report the number of recycled lead-acid batteries purchased annually.
• Technical Assistance Program–Required the Board to provide periodic training to enforcement agencies regarding state and federal regulations, new technologies, and other issues to enhance enforcement capabilities. Also required the Board to provide ongoing technical assistance to enforcement agencies, including: technical studies and reports; innovative facility operation plans; and investigative findings and analyses of new waste management practices and procedures. Required the Board to provide assistance to public and private sector in the form of government and business waste evaluations, upon request. Required the Board to establish a Plastics Recycling Information Clearinghouse to provide information to collectors, reprocessors, and recyclers about programs, availability of postconsumer plastics, and technological advances. Also required the Board, on or before 1/1/91, to study a uniform cost accounting methodology to evaluate the costs of integrated waste management program options; to review the tax incentive provisions related to the integrated waste management program, annually; and to evaluate the costs and benefits of integrated waste management, and to report the results by 3/31/95. Required the Board to provide technical assistance to cities and counties in the preparation and implementation of source reduction and recycling elements and integrated waste management plans, including the development of regulations, conducting waste characterization studies, studying issues related to the achievement of the waste diversion goals, mechanisms to implement market development recommendations, and information needed to achieve the objectives of integrated waste management elements and plans.
• Office Paper Recovery Program–Required the Board, on or before 1/1/91, to initiate a high grade white office paper recovery assistance program for state and local agencies and private businesses, including: training materials, public information materials, desk top collection containers, metal collection bins, and staff assistance from the Board to identify markets for collected materials, including model contracts for negotiation with local paper brokers. Required the Board to report on the implementation of the program.
• Los Angeles County Pilot Litter Program–Required the Board to develop and implement a pilot litter cleanup and abatement project on highways in Los Angeles County, to be administered in consultation with Caltrans through 6/30/91.
• Public Information and Education Program–Required the Board to conduct a statewide public information and education program to encourage participation by the general public, business, government, and industry in all phases of integrated waste management. Required the program to include strategies and campaign activities to, at a minimum, do all of the following: encourage reduced packaging, eliminate nonrecyclable contaminants from consumer goods, and increase product durability; provide consumer information to reduce waste generation; promote local government procurement of recycled products, the integration of recycling into the community waste management infrastructure, and public participation in local waste management decisionmaking; and implement a “Buy Recycled” campaign to encourage business, industrial, and residential consumers to purchase products manufactured with, or packaged in, recycled materials. Required the Board, in cooperation with the Department of Education, to develop and disseminate materials to teach the concepts of source reduction, recycling, and integrated waste management in California schools. Also required the development of requests for proposals for supplementary materials for schools, and the development of a teacher training and implementation plan to guide the placement of the supplementary materials in the schools. Required California Community Colleges, California State University, and the University of California to focus teaching and research efforts to promote career development and technological advancement in integrated waste management. Also required the State Board of Education to include integrated waste management in the ecology and environmental studies area; and required the Department of Education to encourage the use of supplementary materials, developed in cooperation with the CIWMB, to satisfy the teaching requirements of the science framework developed by the Board of Education.
• Research and Development Program–Authorized the Board to establish a research and development program to develop and refine processes and technologies to assist state and local governments and private industries to implement innovative resource management and waste reduction programs, including: a recycling extension service; a cooperative research and development program with colleges and universities; the study of utilizing landfill mining technology to extend the life of existing landfills, recover valuable resources, and to reuse the reclaimed landfill in an environmentally sound manner; identification of educational and promotional methods that can effect environmentally positive changes in human behavior; studies of hazards posed by the ash and air emission from the incineration of waste; evaluation of materials recovery technologies; development of computer-based databases on waste characteristics, special waste volumes, and county and regional waste capacities; and analysis of landfill encroachment problems. Required the Board to report on the results of the programs.
• Biennial Report–Required the Board, beginning 3/31/91 and every two years thereafter, to submit a comprehensive report to the Legislature that reflects the progress on implementation of the IWMA. Required the biennial report to include an evaluation of the effectiveness of the IWMA and recommendations for legislative change, and a comprehensive state plan for action to be taken in the ensuing five years to establish priorities and implement programs for integrated waste management in the state. (Chapter 1096)

Statutes of 1988

AB 2790 (Chandler)–Regional Planning–Authorized any county to join with other counties, subject to the consent of the cities in the county, to form a regional solid waste planning authority to prepare, amend and revise a regional solid waste management plan. Required the preparation, amendment, and revision of a plan which is administered by a regional planning authority, to be subject to the consent of the counties and a majority of the cities within each county which contain a majority of the population of the incorporated area in each county. Also provided that in those counties with only two cities, the approval, agreement, or consent of specified county solid waste planning activities be made by the city which contains a majority of the population of the incorporated area of the county. Provided that no reimbursement would be made for the mandates imposed by the bill. (Chapter 1165)

AB 2831 (LaFollette)–Recycling–Required a solid waste facility permit for a new landfill to increase the permitted capacity of an existing landfill for a new waste-to-energy facility or to increase the capacity of an existing waste-to-energy facility to include a permit condition that precludes accepting any solid waste unless the county which is the source of the waste has adopted a recycling plan element. Made the requirement applicable to a county after the first required revision of the CoSWMP after 1/1/90. (Chapter 1588)

AB 3071 (Eastin)–Closure and Maintenance Plans–Required persons operating or applying to become an operator of a solid waste landfill after 1/1/88, to also submit a closure and postclosure maintenance plan to the LEA, and required maintenance to be done in accordance with the most recent plan. Also required the revision of the plans to be approved by the Board and the LEA. Required persons later commencing operation of a solid waste landfill to submit evidence of financial ability to provide for the costs of closure and postclosure maintenance. Authorized the LEA to recover costs incurred under those provisions by charging a fee imposed on an applicant for a solid waste facility permit, or a revised permit. Also required the closure and postclosure maintenance plan to the regional board which would be required to approve or disapprove the plan under provisions of the water code. Required the grants and allocations from the Eastin Fund for landfill permit inspections and enforcement programs to be made to the SWRCB, instead of regional boards. Made other changes to conform the activities of the SWRCB and regional boards to other provisions of existing law. Also defined “closure plan”, “postclosure maintenance plan”, “regional water board”, and “state water board”. Provided that no reimbursement would be made for the mandates imposed by the bill. (Chapter 263)

AB 3344 (Tanner)–Waste-to-Energy / Thermal Powerplants–Required an LEA, prior to the issuance of a solid waste facility permit for a thermal powerplant project or a solid waste-to-energy conversion project, to make specified findings. Required any revision of a solid waste management plan for a thermal powerplant using solid waste as fuel to be submitted to the State Energy Resources Conservation and Development Commission before or at the same time that it is submitted to the California Waste Management Board if the project will generate more than 50 or more megawatts from one or more generating units, or if the project has an undefined generating capacity. Prohibited the Board from approving the revision until the commission reviews and makes specified comments on the revision, unless the commission does not comment within 30 days. Provided that no reimbursement would be made for the mandates imposed by the bill. (Chapter 1446)

AB 3462 (Cortese)–Countywide Solid Waste Management Plans–Made conforming changes to legislative declarations in the Act to reflect the requirements that CoSWMPs be consistent with general plans, and identify and reserve areas for the establishment and expansion of solid waste facilities which ensure that land uses adjacent to the solid waste facilities will be compatible. Also rephrased the requirement for the three year revision of CoSWMPs, and redefined “solid waste landfill” for purposes relating to solid waste disposal site cleanup and maintenance. Redesignated the landfill depletion surcharge and special disposal fees imposed on generations of solid waste as special fees. (Chapter 1391)

AB 3804 (Mountjoy)–Mining or Excavation Lands–Prohibited a regional water pollution control board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill for the disposal of nonhazardous solid waste if the land has been used at any time for the mining or excavation of gravel or sand. Authorized a regional board to grant a variance to the prohibition under specified conditions. (Chapter 1476)

SB 2304 (Dills)–California Waste Management Board–Made the position of the chairperson of the Board a full time position at a lower prescribed salary, rather than a half time position with half of a prescribed salary. (Chapter 1334)

Statutes of 1987

AB 223 (Tanner)–Los Angeles Solid Waste Facilities–Required the next revision of the CoSWMP for Los Angeles occurring on or after 1/1/88 to identify a program and schedule to ensure to the extent feasible and appropriate that solid waste facility sites identified in the plan are equitably distributed within the county. Required the Board and the County Sanitation District of the County of Los Angeles to jointly conduct a study concerning the generation and disposal of solid waste by specified regions of the county and to submit a report to the Legislature by 7/1/88. (Chapter 1290)

AB 1462 (Cortese)–Countywide Solid Waste Plans–Required revisions to CoSWMPs after 1/1/88 to indicate the remaining capacity of existing solid waste facilities, and required, if the capacity of an existing facility will be exhausted within eight years, the plan to reserve an area or areas for the location of new, or the expansion of, existing solid waste facilities, consistent with the applicable city or county general plan. Required, if the county determines that there is no suitable area, a plan revision to include a specific program for the handling and disposal of solid waste in excess of the remaining capacity. Also required the county to include in its next revision of the plan occurring on or after 1/1/88 a plan which establishes a goal of recycling 20 percent of the solid waste generated in the county. (Chapter 754)

AB 2448 (Eastin)–Solid Waste Disposal and Site Hazard Reduction Act of 1987–Included the following major provisions:

• Solid Waste Disposal Site Cleanup and Maintenance Advisory Committee–Created the seven-member Solid Waste Disposal Site Cleanup and Maintenance Advisory Committee, including the chairpersons of the California Waste Management Board, the Air Resources Board, and the State Water Resource Control Board, to establish criteria for making grants and loans. Required the Board to: provide grants to cities and counties to reduce the amount of hazardous waste disposed; provide grants and loans to waste collectors and transfer station operators for recycling programs; make loans for facility owners for the costs of closure and postclosure maintenance plans and corrective actions; allocate funds to enforcement agencies and the SWRCB for support of enforcement and inspection programs; and make grants upon application by the SWRCB to pay for the implementation of closure and postclosure maintenance plans and for the costs of corrective actions when a facility owner is unable to undertake such actions.
• Solid Waste Disposal Site Cleanup and Maintenance Account–Established the Solid Waste Disposal Site Cleanup and Maintenance Account (Eastin Fund) based on annual fees assessed to facility operators per tons of waste disposed. Required the Board of Equalization to administer the Account and adjust fees as necessary to ensure that $25 million of total receipts are generated (approximately 70 cents per ton of waste disposed) the first year and $50 million ($1.40 per ton) each year thereafter. Established a cap of $250 million.
• Closure and Postclosure Maintenance Plans–Required a facility owner or operator to submit a plan for closure and postclosure maintenance to the LEA by 1/1/89, and would prohibit operations at any facility without a plan. Required an owner or operator to calculate and periodically revise cost estimates for closing the facility and providing ten years of postclosure maintenance, and to submit evidence of ability to provide for those costs. Required financial assurances to be in the form of a trust fund, surety bond, or financial arrangement acceptable to the Board.Required the Board to adopt regulations specifying the procedures and standards for closure and postclosure maintenance plans, and prohibited the Board from requiring revisions to approved plans if the Board amends regulations after approval of the plans.
• Granted the Board powers equal to those of LEAs for the purposes of enforcement, including: requiring owners to abate nuisances, contracting for corrective action, contracting or preparing closure and postclosure maintenance plans, and issuing cease and desist orders. Also authorized LEAs to require an owner or operator to take corrective actions when methane gas or solid or hazardous waste migrates beyond a facility boundary. (Chapter 1319)

Statutes of 1986

AB 1809 (Tanner)–Household Hazardous Wastes–Stated legislative findings regarding the importance of hazardous substances education programs. Required the Department of Education, on or before 7/1/87, to prepare and distribute to school districts a list and description of hazardous substances educational materials and curricula, and solicit suggestions from the California Waste Management Board and the advisory committee. Required each CoSWMP to identify a program for the safe management of hazardous wastes which are generated by households, and should be separated from the solid waste stream to the extent the county determines a need for such a plan.

Required the Board, in consultation with an advisory committee to be established by the Board, to develop and implement a public information program concerning household hazardous substances. Required the Board to establish guidelines and state policies to guide local governments in providing community services regarding household hazardous substances, and to designate a household hazardous waste coordinator to advise and assist local governments.

Authorized cities and counties to approve an increase in solid waste collection fees to offset the costs of establishing, publicizing, and maintaining a household hazardous waste inspection program. Required that where a licensed private sector center is utilized under a permit or franchise, the costs of handling, hauling, and disposing of household hazardous waste be paid through fees or rates charged for services. Required the Board to report to the Legislature by 1/1/88 regarding household hazardous waste management. Also provided that no reimbursement would be made for the mandates imposed by this bill. (Chapter 574)

AB 2020 (Margolin)–Beverage Containers (The Bottle Bill)–Enacted the California Beverage Container Recycling and Litter Reduction Act, to be implemented by the Department of Conservation. Established redemption values on beverage containers and required the establishment of at least one certified recycling center in a convenience zone, as specified, to pay out the refunds. (Chapter 1290)

AB 2948 (Tanner)–County Hazardous Waste Management Plans–Authorized a county, in lieu of preparing the hazardous waste portion of a CoSWMP, to adopt by 9/30/88, a county hazardous waste management plan. Created the Hazardous Waste Control Account in the General Fund and the Hazardous Waste Management Planning Subaccount. (Chapter 1504)

AB 3088 (O’Connell)–Waste Discharge Requirements–Required a regional board to consider, in addition to information from a SWAT report, any other relevant site-specific engineering data provided by the site operator for that solid waste disposal site as part of a report of waste discharge. Also extended the date for submittal of SWAT reports from January of each year to July of each year, beginning in 1987, for the top 150 ranked waste disposal sites. (Chapter 971)

AB 3374 (Calderon)–Waste Discharge Requirements–Extended the date for submittal of annual reports on the extent and effect on water quality of hazardous wastes in solid waste disposal sites by the SWRCB, from 7/1/1988, 1989, and 1990 to 1/1/89, 1990, and 1991. Extended the date for submittal of a SWAT test to the local air quality management district from 1/1/87 to 7/1/87. Required the owner of an inactive solid waste disposal site to submit a screening questionnaire to the district by 11/1/86, and to submit specified information based on an evaluation of the questionnaire. Required the SWRCB to develop guidelines for the test report, and evaluation by 2/1/87 and to develop the questionnaire by 10/1/86. Authorized an air district to exempt a site from these provisions. Required the district to take appropriate remedial action if it determines, after evaluating the test report, and consulting with the Department of Health Services and the California Waste Management Board, that the levels of specified air contaminants pose a health risk or a threat to the environment. Deleted a requirement that the SWRCB submit a report to the Legislature by 7/1/90. Urgency measure. (Chapter 1055)

AB 3989 (Sher)–Resource Recovery Projects / Waste-to-Energy–Required an LEA, prior to the issuance of a permit for a project which burns municipal solid waste or refuse-derived fuel, to require the project applicant to consider in its contracts, or other commitments for municipal solid waste, methods to remove recyclable materials prior to incineration.

Prohibited an air district from issuing or renewing a permit for the construction of, renewing a permit for the operation of, or issuing a determination of compliance for, a project which burns municipal waste or refuse-derived fuel unless the project will not prevent or interfere with the attainment or maintenance of state and federal ambient air quality standards, will comply with applicable emission limitations and toxic air control measures of the district, the district performs health risk assessment and submits it for review to the ARB and the Department of Health Services, and determines that no significant increase in illness or mortality is anticipated as a result of air pollution from the project, and periodic monitoring of emission is performed. Exempted any project which exclusively burns digester gas produced exclusively from manure or other animal solid or semisolid waste, or methane gas from a disposal site, or forest, agricultural, wood, or other biomass products. Required resource recovery projects to complete an EIR. Also required the State Energy Resources Conservation and Development Commission to include in its written decision approving any waste-to-energy technology site and related facility, specific condition requirements that the facility be monitored to ensure compliance with state and federal ambient air quality standards, compliance with emission limitations, and toxic air control measures of the district and periodic monitoring for compliance. (Chapter 1134)

AB 4350 (Cortese)–Garbage and Refuse Disposal Districts–Deleted the requirement that a “garbage and refuse disposal district” contain those specific terms, and instead required the name of the district to be descriptive of the function of the district. (Chapter 1019)

SB 1837 (Montoya)–Countywide Solid Waste Management Plans–Required a CoSWMP to provide for waste disposal within the county or any other designated jurisdiction, based upon population and the waste generated, and required the plan to include an analysis of the cost of waste disposal in the designated jurisdiction. (Chapter 1180)

SB 2040 (Montoya)–Transfer Stations–Excluded from the definition of a “transfer processing station” the operations premises of a licensed solid waste facility handling operation which receives, stores, transfers, or processes wastes as an activity incidental to the refuse collection and disposal business. Authorized the Board to adopt regulations for those operations subject to this exclusion. (Chapter 1182)

SB 2572 (Marks)–Asbestos–Required the next revision of a CoSWMP, occurring on or after 1/1/87, to indicate the amount of asbestos waste generated in the county from asbestos removal projects and the sites or potential sites which have been designated to accept such waste. Authorized waste asbestos to be disposed of at landfill disposal sites which meet specified requirements. Urgency measure. (Chapter 1451)

Statutes of 1985

AB 821 (Cortese)–Resource Recovery Planning–Authorized a city or county to require a person who requests the adoption or audit of a spending plan to pay the estimated costs of preparing the plan or audit, and specified the procedures for repealing a specific plan. Changed the designation of a regional planning agency, by requiring it to be recognized by OPR, and not the Council on Intergovernmental Relations, and by deleting an obsolete reference to planning and planning districts.

SB 1463 (Dills)–Resource Recovery Projects / Conversion Facilities–Provided that a solid waste facility for the conversion of solid waste into energy is deemed to be permitted if the facility meets certain conditions concerning the location, the agency undertaking the facility, and the certification of the permit by the LEA. Urgency measure. (Chapter 51)

1984 | 1983 | 1982 | 1981 | 1980

Statutes of 1984

AB 3525 (Calderon)–Solid Waste Assessment Tests–Required an LEA, a regional water quality control board, an air pollution control district, and the State Department of Health Services to provide a specified statement to the other agencies or board at least ten days before issuing an enforcement order which is not for an emergency, and within 15 days after issuing an enforcement order for an emergency, and within five days after discovering a violation of state or local laws, regulations, or permits concerning a solid waste disposal site which is likely to result in an enforcement action. Required an agency so notified to inspect the facility within ten days to determine if specified laws, regulations, or permits are being violated. Established a procedure to determine which agency would take action concerning a complaint regarding a solid waste disposal site, and required any agency receiving a complaint to take an enforcement action or issue a specified written statement.

Required the SWRCB and the ARB to submit a report to the Legislature, by 7/1/88, 7/1/89, and 7/1/90, with a summary of data from solid waste assessment test (SWAT) reports submitted by January 1 of the preceding year by solid waste disposal sites. Specified the information to be contained in the SWAT reports and required solid waste disposal sites to submit the reports to the SWRCB and ARB by 1/1/87 if the site is one of the first 150 ranked by the regional board, or on a later date as specified. Also specified the procedure for approval of the report and a facility’s monitoring program. (Chapter 1532)

AB 3527 (Calderon)–Financial Assurances–Required the Board to adopt standards and regulations, after 7/1/85 but before 1/1/86, requiring an operator of a solid waste disposal facility, as a condition of permit issuance, modification, or revision, to provide assurance of adequate financial ability to respond to personal injury claims and property damage claims resulting from the facility operations which occur before closure. Required the Board to submit a report to the Legislature, by 7/1/85, regarding financial assurances for solid waste facilities. (Chapter 1408)

AB 3566 (Katz)–Toxic Pits Cleanup Act of 1984–Established a comprehensive program prohibiting the discharge of hazardous waste into surface impoundments. (Chapter 1543)

SB 2292 (Campbell)–Hazardous Waste / Waste-to-Energy–Required an LEA to include a provision in a solid waste facility permit for a conversion facility which would require specified operating procedures to be used to prevent significant quantities of hazardous waste from entering the conversion process, and to ensure that the ash produced is nonhazardous. Also required the Department of Health Services to classify as nonhazardous any fly ash, bottom ash, and flue gas emission control residues generated from the combustion of solid waste or biomass material, if the wastes do not contain significant quantities of industrial sludge or hazardous waste, and if the combustion will be adequately monitored and controlled to prevent the handling or disposal of any waste in a prohibited manner. (Chapter 1160)

Statutes of 1983

AB 1205 (Bates)–Conversion Facilities–Authorized an LEA to suspend or revoke the permit of a solid waste facility designed to convert solid waste from offsite sources into energy or synthetic fuels if the facility utilizes recyclable materials for conversion into energy, and if the local agency in whose jurisdiction the materials are collected requires that recyclable materials within the local agency’s jurisdiction be so converted. Exempted from the definition of “recyclable materials” those materials which a local agency (with jurisdiction over the location of the materials) determines could be potentially harmful to the public health, or which create a public nuisance. Specified that this provision is not to otherwise restrict specified activities of a solid waste facility. (Chapter 186)

AB 1388 (Frazee)–General Plan Consistency–Repealed provisions of law requiring a finding of consistency between a CoSWMP and a general plan before the Board can approve the CoSWMP. Authorized a CoSWMP to reserve, or tentatively designate, a site or potential site for a solid waste facility unless the city or county has defined that, for local planning purposes, the site is an incompatible land use subject to its local land use authority. Required a tentative site designation to be removed from the CoSWMP if a city or county fails to make a consistent designation in its general plan, or makes a finding that the site should not be used for a solid waste facility, or if the Board refuses to concur in the issuance of the permit.

Authorized the Board to concur in the issuance of a solid waste facility permit for the expansion of a solid waste facility without making the consistency finding, if the expansion meets specified criteria. Provided that, notwithstanding any other provision of law, the expansion of a solid waste facility is subject to the planning and zoning authority of the city or county. Prohibited the Board from concurring in the issuance of a permit for the establishment or expansion of a solid waste facility without making a consistency finding, or without the county making the finding, and required the finding to be made for a new or expanded facility. Required an LEA to certify that a permit is consistent with the applicable city or county general plan and standards prior to forwarding a copy of the proposed solid waste facility permit to the Board. Urgency measure. (Chapter 1225)

AB 1920 (Papan)–Hazardous Waste / Solid Waste–Excluded hazardous waste from the definition of “solid waste.” (Chapter 679)

Statutes of 1982

AB 2906 (Lehman)–Revisions to the Act and the Board–Renamed the “State Solid Waste Management Board” as the “California Waste Management Board” and revised the membership to no longer require that appointed members who are city council members or members of boards of supervisors represent municipalities with specified populations. Deleted the requirement that the Director of the State Department of Health Services, the Director of Food and Agriculture, and the Chief of the Division of Mines and Geology of the Department of Conservation serve on the Board as nonvoting ex officio members.

Repealed provisions requiring a county to amend its COSWMP to include waste-to-energy projects, and deleted the authority of the Board to identify waste sources for such facilities. Prohibited an LEA from issuing, and the Board from concurring in the issuance of, a solid waste facility permit to any stationary project designed to convert solid waste from offsite sources into energy or synthetic fuels until the LEA makes specified findings, including that the project is consistent with the CoSWMP and the state’s solid waste management policy, and that the project as a defined and guaranteed source of quantities of waste. Specified that facilities for the recovery of methane gas are not subject to these provisions.

Authorized a local agency to enter into an agreement with other local agencies or into a contract with a business entity for construction of facilities for the conversion of solid waste into energy, synthetic fuels or reusable materials. Authorized a county sanitation district to use refuse disposal fees for refuse transfer or disposal systems if the system is for a conversion facility. Defined “recycling” as the process of sorting, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of using the altered form. Also required the Board to study the effects of defining the source of wastes for stationary conversion projects. (Chapter 1158)

AB 3141 (Wright)–Hazardous Waste–Prohibited operators of solid waste disposal facilities or storage facilities from accepting, treating, or storing for more than 90 days at an onsite facility, or 96 hours at an offsite facility, or disposing of, hazardous waste, unless the operator holds a hazardous waste facility permit. Made legislative declarations, and required a report to the Legislature. (Chapter 1121)

AB 3302 (Chacon)–Permitting / Facility Siting–Required a CoSWMP to include an implementation schedule, by 1/1/84, defined as including approximate dates for the implementation of plan policies and programs, and the establishment, expansion, and closure of a solid waste facility site. Deleted the requirement that a regional planning agency be recognized by the Council of Intergovernmental Relations. Prohibited the Board from approving a CoSWMP, or revision or amendment thereto, unless the county and city in which a site is located, makes a finding that the plan is consistent with all applicable city or county general plans, including the siting of any solid waste facility. Also required a finding that the land uses authorized in the general plan adjacent to and near the site are compatible with the establishment and expansion of the site. Prohibited the Board from permitting the establishment or expansion of a site for a solid waste facility unless the consistency finding is made by the city or county.

Also prohibited an LEA from issuing or revising a solid waste facility permit unless the city or county in which the site is located has issued a land use permit authorizing the establishment or expansion of the site. Prohibited a city or county from issuing a land use permit unless a public hearing has been noticed and held. Also provided that nothing limits the authority of a city or county to amend its general plan to remove the designation of a site for a solid waste facility. Also prohibited a city or county from authorizing any land use adjacent to or near a site designated for a solid waste facility which would restrict or preclude the establishment or expansion of the solid waste facility or site. Required the city in which a site is located to make the finding, already required of a county, that the distance to the nearest residential structure is in compliance with state minimum standards before a solid waste facility may be established. Also provided that no appropriation or reimbursement would be made by the state for the mandates in the measure. (Chapter 1468) [Some provisions superseded by AB 3433 (Kapiloff)]

AB 3433 (Kapiloff)–Permitting / Facility Siting–Required a CoSWMP to include an implementation schedule by 7/1/84. Required the Board, by 1/1/89, to review the adoption, application, and cost of the implementation schedules and report the findings to the Legislature. Also deleted the requirement that a regional planning agency be recognized by the Council on Intergovernmental Relations.

Prohibited the Board from concurring in an LEA’s grant of a solid waste facility permit unless the city or county makes a finding that the site is consistent with the city’s or county’s general plan, and would require that finding to be made under specified conditions. Required a city or county to deem an area zoned for a solid waste facility site and designated to produce an alternative source of energy as consistent with the general plan. Prohibited an LEA from issuing, modifying or revising a solid waste facility permit unless the city or county has issued a land use permit authorizing the establishment or expansion of the site, and unless the LEA makes a finding that the permit is consistent with the applicable general plan. Prohibited a city or county from authorizing any land use adjacent to or near a designated site for a solid waste facility which would restrict or preclude the establishment or expansion of the facility or site. Prohibited a city or county from issuing a land use permit for a solid waste facility without noticing and holding a public hearing. Also provided that these provisions do not limit the authority of a city or county to remove the designation of a site by amending the general plan.

Declared the intention of the Legislature to resolve landfill siting controversies by mediation and required the Board to encourage all parties to a landfill siting controversy to enlist the services of an impartial third party mediator to resolve the controversy. Authorized county and regional planning agencies to adopt a schedule of fees, payable by operators of solid waste facilities, to pay for the costs incurred for the preparation, maintenance, and administration of CoSWMPs, which are reasonable and necessary. Defined terms, declared legislative intent, and made conforming changes. (Chapter 1488) [Some provisions of this bill superseded portions of AB 3302 (Chacon)]

AB 3717 (Lehman)–Recycled Materials–Prohibited a person, except for an authorized recycling agent, from knowingly removing recyclable materials which have been segregated from other waste materials, for the purposes of recycling, and placed at a designated collection location. (Chapter 1475)

AB 3752 (Sebastiani)–Fire Safety–Required solid waste facilities to be maintained in strict accordance with flammable clearance and fireproof container requirements. Made it violation of the specified requirements a misdemeanor with enhanced penalties for a second or subsequent violation within five years. Authorized the Director of the Department of Forestry to establish regulations for storage, disposal, or use of forest products or waste residue, and made it a misdemeanor to allow the accumulation of flammable waste material, with enhanced penalties for a second or subsequent violation within five years. (Chapter 1333)

SB 1346 (Presley)–Local Enforcement Agencies–Limited the application of performance standards, as opposed to state minimum standards, to those solid waste disposal sites for which, as of 1/1/83, the LEA has elected to apply the performance standards. Extended the repeal date for this provision to 1/1/84. Limited the fees imposed by an LEA to the actual cost of the solid waste enforcement activities provided.

Required the approval of the Board before a designated LEA may exercise the power and duties of an enforcement agency, and required the Board to give that approval unless it makes specified findings. Also required the Board to consider the recommendation of the Department of Health Services in approving the designation and accepting the proposed enforcement program. Required the Board to periodically review the LEA and implementation of its program. Required the Board to notify the LEA of the reasons for its findings, and of its intent to withdraw approval of the designation if the corrective action, specified by the Board, is not taken within the specified time (which is not to be less than 30 days). Required another LEA to be designated within 90 days if the Board withdraws its approval, or would require the Board to act as the LEA until a successor is approved.

Added failure to fulfill the terms of a specified compliance schedule to the list of reasons for permit-related sanctions invoked by an LEA. Required the Board to maintain an inventory of solid waste facilities which violate specified standards, to inspect at least 50 percent of the permitted solid waste facilities that receive more than 100 tons of solid waste per day, and at least 25 percent of the other permitted solid waste facilities, every two years. Required LEAs, in cooperation with the Board, to investigate illegal, abandoned or closed disposal sites. Required the Board to make inspections or investigate only if the funding in any fiscal year is specifically approved for those purposes by the Legislature.

Required, until 1/1/89, LEAs to develop a specified compliance schedule for solid waste facilities which violate specified standards to assure that diligent progress will be made to bring the facility into compliance within one year; or, if not in compliance, to revoke the operating permit. Made the unremedied condition prima facie evidence of negligence at a closed or abandoned disposal site not in compliance within the one year period, and would impose on the property owner the burden of proof that the injury was not caused by the condition in any action for damages against him.

Authorized an LEA to recover its costs for compliance enforcement by charging a fee, until 1/1/89. (Chapter 1369)

SB 1874 (Dills)–Cleanup of the Act–Repealed the provision of the Act related to the administration of grants and loans from the Solid Waste Management Fund, and specified requirements for disbursement of funds to projects and activities implemented under the Solid Waste Management and Resource Recovery Act of 1972, including a requirement that the Board, to the maximum extent feasible, awards state financial assistance to those projects and activities which can demonstrate a commitment of matching funds by the proponents, and long-term economic viability. Also deleted requirements that the Board establish requirements for the design, production, and distribution of litter bags. Deleted the requirement that litter receptacles meet minimum standards established by the Board. Made legislative declarations of intent to continue recycling activities. And required that monies appropriated by the 1982 Budget Act for the expenses and equipment of the Board be expended in accordance with the provisions described above regarding matching funds. Urgency measure. (Chapter 1054)

Statutes of 1981

AB 1619 (Levine)–Landfill Gas Migration–Required the Board to undertake a two year study to determine the most effective means of monitoring methane gas release. Also required the Board to develop technical specification for gas migration systems compatible with the maximum recovery of the gas, to formulate maximum concentration standards, and to develop a technical assistance strategy. Required the Board to report to the Legislature by 1/1/84. Appropriated $200,000 from the California Environmental License Plate Fund for the study and authorized the Board to allocate up to $200,000 of resource recovery monies to assist in financing the study. (Chapter 1019)

SB 501 (Boatwright)–Hazardous Waste Facilities–Prohibited a city or county from taking any action to prohibit or unreasonable regulate the disposal, treatment, or recovery of resources from hazardous wastes or solid wastes at any existing hazardous waste facility. Also provided that a local governing body shall not take specified action related to hazardous waste facilities which accept both hazardous and solid waste so as to prohibit or unreasonably regulate the operation, disposal, treatment, or recovery of resources from solid wastes at such facilities. Urgency measure. (Chapter 244)

Statutes of 1980

AB 2454 (McVittie)–Solid Waste Handling by Local Agencies–Authorized local public agencies which provide for the collection, disposal, or destruction of garbage or refuse to provide the services themselves or have the services provided by another local agency or private enterprise. Also provided that each local governmental agency may determine all aspects of solid waste handling which are of local concern, and determine whether such services are to be provided by means of nonexclusive, or partially or wholly exclusive franchise, contract, license, permit or otherwise. (Chapter 504)

AB 3171 (Frazee)–Conversion Facilities–Authorized local agencies to contract for facilities which conform to CoSWMPs for the conversion of solid waste into energy, synthetic fuels, or reusable materials, and to finance such facilities with revenue bonds or otherwise. (Chapter 584)

SB 261 (Nejedly)–Solid Waste Management Act of 1980–Changed the name of the “Litter Control, Recycling, and Resource Recovery Act of 1977” to the “Solid Waste Management Act of 1980.” Provided that five members of the Board constitute a quorum, and deleted a superseded requirement for election of a chairman by the members. Deleted a termination date of 7/1/83 for a biennial report on market factors involving recovered materials. Codified an existing requirement for the Legislative Analyst to submit a specified solid waste management report to the Legislature annually by December 1. Redesignated the “State Litter Control, Recycling, and Resource Recovery Fund” as the “State Solid Waste Management Fund” (SWMF) and deleted the continuous appropriation for the Fund. Provided for expenditures from the Fund contingent upon appropriation by the Legislature.

Changed the authorized expenditure of 30 percent of the Fund for cleanup of recreational lands and public thoroughfares by cities and counties to 32 and 1/2 percent to be available to cities and counties and designated public agencies and private entities for specified purposes related to litter for the purpose of promoting sound solid waste management. Changed the authorized expenditure of 20 percent for grants and loans for research and development of resource recovery projects to 27 and 1/2 percent to be expended for the state resource recovery program, detailed in the bill. Changed the authorized expenditure from the Fund for recycling centers from 25 percent to 30 percent to be available for grants and loans. Specified requirements for the grant and loan applications, and priorities and administration of grants and loans for resource recovery and recycling centers. Also required a specified report to the Legislature on the allocation and use of the funds. Provided for 7 and 1/2 percent of the Fund to be used for litter law awareness and compliance. Deleted grants based on 5 percent of the Fund for litter law enforcement as of 6/30/80. Deleted the 2 and 1/2 percent to be expended for litter receptacles. Deleted 5 percent of the Fund for recoverable material utilization. Deleted the 5 percent appropriation for research and administration support of the grants and loans program, maintenance of specified solid waste management plans, and surveys of composition and rate of deposit of litter and solid waste.

Authorized the Board to specify in regulation types of places where litter receptacles shall be placed, and required that minimum standards for litter receptacles apply only to newly placed ones. Deleted authority of the Board to set standards for size, location, and frequency of emptying. Recodified all litter provisions into the Solid Waste Management Act. Also authorized, rather than required, the Board to purchase and distribute litter bags. Made violation of the Litter Act an infraction with an increased fine, rather than a misdemeanor. (Chapter 364)

SB 1087 (Dills)–Garbage Fees–Authorized a garbage district in LA County to prescribe, revise, and collect fees and charges for the purpose of defraying the costs of disposing garbage and maintaining the district. Specified the procedure for imposing the service fee, including a vote on the question of whether the district should be authorized to prescribe fees. Urgency measure. (Chapter 164)

SB 1601 (Schmitz)–Minimum Standards for Periodic Cover–Required the Board, no later than 1/1/81, to adopt performance standards as an alternative to state minimum standards for periodic cover, and authorized an LEA to apply either the state minimum standards or the alterative standards to solid waste disposal sites within its jurisdiction. Provided that, if the board failed to adopt the performance standards by 1/1/81, the daily cover requirements for the active face of a disposal site may, at the discretion of the LEA, be determined solely by the LEA. Required an LEA to make a finding that such daily coverage requirements are adequate to effectively prevent flies, rodents, or other vectors, to control landfill fires and litter, and to prevent the creation of nuisances. Provided that no collection vehicle shall be required to travel on the active face of a disposal site. Repealed as of 1/1/83. (Chapter 635)

1979 | 1978 | 1977 | 1976

Statutes of 1979

AB 1885 (Rogers and Wyman)–Franchise Terms–Authorized a Board of Supervisors, which adopted an ordinance prior to 7/1/80 granting franchises for the collection, disposal, or destruction of garbage, waste, offal, and debris, to extend the terms of each franchise for one, but not more than one additional period not exceeding 25 years without advertising or calling for bids if: (1) the city ordinance contains rules and regulations for the protection of the public health and welfare and the board of supervisors may control rates, to be increased only by holding a public hearing; (2) the franchise was granted in strict compliance with requirements calling for the advertisement of bids and award to the lowest qualified bidder; (3) the franchise was granted on a nonexclusive basis; and, (4) the city ordinance authorized the city auditor or another qualified certified public accountant to audit the books and records of the franchise holders. (Chapter 566)

Statutes of 1978

AB 3012 (Wray)–Methane Gas Recovery–Required the Board to submit a study to the Legislature and the Governor, by 12/31/79, regarding the feasibility of recovering methane gas from landfills, and required the Board, based upon the findings, to develop a proposed program to implement the maximum feasible recovery of methane gas at landfills within the state. Required the Board, by 3/1/79, to adopt official Board policy regarding the eligibility of methane recovery projects for funding by the California Pollution Control Financing Authority. Authorized the Board to encumber funds from the State Litter, Recycling, and Resource Recovery Fund, not to exceed $75,000 for FY 78-79, for costs of the study, and repealed the authority as of 7/1/83. (Chapter 1007)

AB 3707 (Kapiloff)–Geothermal Drilling Waste–Exempted any person from any provision of the Act when disposing of solid or liquid wastes from drilling for geothermal resources in a sump of two acre feet or less, if the disposal is controlled by Regional Water Quality Control Board waste discharge requirements. (Chapter 1270)

SB 651 (Nejedly)–Litter Control–Revised the State Litter Control, Recycling and Resource Recovery assessments. Appropriated $2 million, or as much as necessary, from the General Fund to the Controller, as a loan to the State Litter Control, Recycling, and Resource Recovery Fund. To terminate 7/1/83. Urgency measure for the tax levy. (Chapter 87)

SB 1855 (Greene)–Solid Waste Conversion Projects–Authorized Joint Powers Authorities, formed for specified solid waste disposal treatment or conversion activities, to issue revenue bonds. Deleted the 1/1/81 deadline for a conversion facility to be operational. Required each county to amend its CoSWMP before implementing a project for a solid waste recovery and conversion facility to include the facility in the plan and define the waste sources for the facility. Also required that, if the waste sources include a portion of one or more counties, that the waste sources be committed for the life of the bonded indebtedness of the project or the permanent termination date of the project, whichever occurs first. Required the Board to disburse funds appropriated for waste-to-energy project proponents for the pre-construction activities of the project, but required the Board to condition disbursement of such funds on the provision of matching funds by the project proponents. Required the Board to establish criteria for the selection of such projects and to report to the Legislature, on 4/1/79 and annually thereafter, on the status of commencing such projects. Required OPR to render maximum support to the proponents of the solid waste resource and conversion facilities projects selected by the Board in obtaining permits necessary for the operation of the project. Deleted the $50 million per quarter limit for financing by the California Pollution Control Financing Authority for solid waste-to-energy projects. Authorized the Board to make grants and loans with the annual balance of the State Litter, Recycling, and Resource Recovery Fund, and expressed legislative intent that the grants and loans supplement and not replace existing funding. Reappropriated $2 million to the Board for encumbrance for pre-construction activities of solid waste conversion projects and deleted specified conditions on the use of such funds. Deleted the limitation on the 1978 appropriation for a loan to the State Litter, Recycling, and Resource Recovery Fund. (Chapter 1011)

SB 2031 (Nimmo)–Hazardous Waste–Deleted the disposal of hazardous waste from the administration of the Board, and required the State Department of Health Services approval of hazardous waste elements in CoSWMPs. (Chapter 1397)

Statutes of 1977

AB 764 (Kapiloff)–County Solid Waste Management Plans–Required any amendment to a CoSWMP to be submitted to each city in the county and provided that the amendment would be deemed approved unless disapproved within 90 days. Required each amendment to be submitted to the Board for approval as to its compliance with state policy. Provided that no new solid waste site may be established unless specified findings are made by the Board, and exempted a site only if an EIR notice of determination is filed. Excluded from the definition of “transfer station” any facility, the principal function of which is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal. (Chapter 564)

AB 1593 (Lockyer)–Hazardous Waste–Revised provisions of the law regarding the use, handling, and disposal of hazardous waste. Provided for the registration of haulers and required the Department of Health to promulgate regulations and recommend methods to promote recycling. Provided for civil penalties. Provided for the issuance of permits by the department for hazardous waste handling, processing, storage, and disposal facilities. Also prohibited the use of nonbiodegradable toxic chemicals in chemical toilets, vessels, or recreational vehicles after 1/1/79. (Chapter 1039)

SB 424 (Nejedly)–Bay Area Solid Waste Management Plan–Required the Association of Bay Area Governments to prepare a regional solid waste management plan for the San Francisco Bay Area, to be based primarily on the CoSWMPs approved by the Board, focusing on those regional issues identified in the plans. Also provided that no reimbursement would be made to cover the costs of the mandate. (Chapter 689)

SB 650 (Nejedly)–Litter Control, Recycling and Resource Conservation Act–Enacted a comprehensive Statewide Litter Control, Recycling, and Resource Conservation Plan, under the direction of the Board and established a related Fund. Authorized the Board to accept grants, gifts, and donations to carry out the purposes of the Act. Imposed an annual assessment on persons holding a seller’s permit under the Sales and Use Tax law. Required the Legislative Analyst to review operations of the Act. To be terminated 7/1/83. Urgency measure for purposes of the tax levy. (Chapter 1161)

Statutes of 1976

AB 1938 (Knox)–Solid Waste Enterprises–Defined “exclusive waste handling services”, “local agency”, “solid waste”, “solid waste enterprise”, and “solid waste handling services.” Made legislative declarations that while local agencies are empowered to furnish solid waste handling services, many parts of the state are served by private solid waste enterprises. Declared it to be in the public interest to foster and encourage solid waste enterprises in order that there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling services at all times.

Authorized a solid waste enterprise to continue service up to five years, when a local agency has authorized the enterprise to provide solid waste handling, and such services have been provided for more than three years; except that if the solid waste enterprise has an exclusive franchise or contract, then service may continue until the unexpired term of the contract or five years, whichever is less. Provided that a solid waste enterprise is subject to these provision only if services of the enterprise are in substantial compliance with terms and conditions of the franchise and meet quality or frequency of service requirements of the local agency. Authorized a local agency to periodically review rates charged by an enterprise and to set the rates. (Chapter 430)

AB 2439 (Z’berg)–Local Enforcement Agencies / Permitting and Enforcement–Established a program for the issuance of permits for the operation of a solid waste facility. Also specified the environmental purposes to be achieved in the issuance and enforcement of such permits, and specified penalties for operating in violation of or without a permit. Created provisions for the designation of a local enforcement agency (LEA) and authorized an LEA to investigate and inspect the operations of solid waste facilities, and to required technical, monitoring or other reports. Authorized the Board to adopt and modify standards governing such operations and facilities, and to modify the standards, and established a procedure for the State Department of Health to object to modification of any standard affecting the public health. Established a detailed procedure for enforcement, denial, revocation, or suspension of permits, including a detailed hearing and appeal process, specified fines for violations, and required any attorney authorized to act on behalf of, or upon the request of, an LEA or the AG or the Board, to petition the Superior Court for injunctive relief for specified violations.

Also specified that an EIR is not required for the issuance of a solid waste facility permit. Authorized an LEA to issue a cease and desist order for the operation of a solid waste facility without or in violation of a permit, and to order cleanup or other remedial actions, and to hold the person responsible civilly liable. Provided for penalties for violation of a solid waste facility permit or any standard adopted by the Board, and directed the disbursement of such penalties — half to the state and half to local agencies. Also enacted technical changes to the Act. (Chapter 1309)

AB 4507 (Egeland)–Siting of Solid Waste Facilities–Prohibited the establishment of a solid waste disposal site without a determination by the county that the distance from the site to the nearest residential structure is in compliance with all state minimum standards for solid waste management, and especially that the distance is sufficient to permit adequate controls of noise, odor, and litter nuisances, traffic congestion, and vectors. Provided that no appropriation or reimbursement shall be made due to duties imposed on local governments, because related costs are incurred as part of normal operating procedures. Urgency measure. (Chapter 749)

SB 1395 (Joint Committee on Job Development)–Board Membership / Solid Waste Conversion Facilities–Increased board membership by including three representatives of the public, appointed by the Governor, and deleted the requirement for specialized education and experience. Deleted the requirement that the member appointed by the Speaker be a registered civil engineer. Provided for a full-time chairman to be designated by the Governor, subject to approval by a majority of the Senate, and to be paid a prescribed salary. Deleted the per diem payment for the chairman and ex officio members for attending board meetings. Also required the Board to select one or more sites for the establishment of a facility for the conversion of solid waste into energy, synthetic fuels, or for the recovery of materials, no later than 7/1/77. Required the Board to submit a plan for establishing a conversion facility and recommendations to the Legislature by 12/31/77. Required the Board to consult with specified entities and required the facility to be operational no later than 1/1/81. Also required the Board to determine the economic feasibility of developing a research and demonstration project for the conversion of agricultural waste to synthetic fuel, and if economically feasible, required the Board to undertake the construction and field demonstration by 7/1/79. Appropriated $250,000 for the project and required the State Energy Resource Conservation and Development Commission to consider an amount not more than $250,000 for the demonstration project. Also declared state policy and legislative intent regarding conversion of solid waste and agricultural waste into energy, synthetic fuels, and recovered material. (Chapter 1246)

SB 1898 (Presley)–Siting of Solid Waste Facilities–Authorized the Board to render technical assistance and make recommendations concerning potential waste disposal sites upon request of the board of supervisors of any county. Authorized the Board to require any state agency to assist the board in providing services related to facility siting, and required the board to reimburse the state for any costs of providing the services. Specified that final selection of any site shall remain with the board of supervisors. (Chapter 719)

1974 | 1973 | 1972 | 1971 | 1970

Statutes of 1974

SB 1594 (Nejedly)–Cleanup Provisions to the Act–Authorized the Board to contract as necessary. Extended the time for filing a financial assistance report to the Board from 7/1/74 to 1/15/75. Urgency Measure. (Chapter 320)

SB 1797 (Nejedly)–Transformation Stations and Disposal Site Enforcement–Prohibited commencement of operation for new solid waste transfer stations and disposal sites unless the Board makes a finding that protection of public health and public need and necessity requires immediate implementation, except if an EIR has been completed or a use permit has been approved by the county. Required such sites to be in conformance with a CoSWMP as approved by the Board, but exempted nonprofit resource recovery or recycling sites for neighborhood or community type activities approved by the local governmental entity. Prohibited operation of any such facility not in conformance with a CoSWMP, and authorized the Board to require conformance. Also authorized the Attorney General to enforce the requirement upon the request of the local governmental entity. (Chapter 541)

Statutes of 1973

SB 529 (Nejedly)–Cleanup Provisions to the Act–Amended the definition of “solid waste” by adding “liquid wastes.” Amended the provisions regarding submittal of the annual report to the Legislature. Also provided, in an uncodified section, that no appropriation was made by the Act and no obligation was incurred for reimbursement of any local agency costs attributable to compliance with the Act. Provided for the Chairman of the Board and the Resource Recovery Advisory Committee to receive $100 per day for attending meetings of the board or the committee. (Chapter 1156)

SB 1411 (Nejedly)–Board Membership–Revised provisions of the Act related to Senate confirmation of Governor’s appointments, to reflect the change to a two year legislative session, by making the expiration period of interim appointments December 31 of the first year of the session and November 30 of the second year of the session if a vacancy occurs during that year. Also clarified the distinction between refusal and failure of the Senate to confirm a Governor’s appointment. Urgency measure. (Chapter 603)

Statutes of 1972

SB 5 (Nejedly-Z’berg-Dills)–Solid Waste Management and Resource Recovery Act of 1972–Made legislative declarations and findings that, due to the increasing volume and variety of solid wastes being generated throughout the state, and the often inadequate management which may not meet future requirements for eliminating environmental pollution and conserving natural resources, it is in the public interest to establish a comprehensive state solid waste management and resource recovery policy to protect the public health, safety, and well-being, to preserve the environment, and to provide for the maximum reutilization and conversion to other uses of the resources contained therein. Also stated legislative intent that the primary responsibility for adequate solid waste management and planning shall rest with local government, with the state bearing primary responsibility for the development and maintenance of the state policy for solid waste management and the State Solid Waste Resource Recovery Program. Included the following major provisions:

• The Solid Waste Management Board–Established the ten-member State Solid Waste Management Board, consisting of: one member appointed by the Governor who is a city councilman from a city of more than 250,000 people; one member appointed by the Governor who is a county supervisor from a county of more than 500,000 people; one representative of the public appointed by the Governor with specialized education and experience in environmental quality and pollution control; one representative of the public appointed by the Speaker of the Assembly with specialized education and experience in natural resources conservation and resources recovery; one representative of the public appointed by the Senate Rules Committee who is a registered civil engineer; one member appointed by the Governor from the private sector of the solid waste management industry from Southern California; one member appointed by the Governor from the private sector of the solid waste management industry from Northern California; the State Director of Public Health or his deputy, as a nonvoting ex officio member; the State Director of Agriculture or his deputy, as a nonvoting ex officio member; the Chief of the Division of Mines and Geology of the Department of Conservation or his deputy, as a nonvoting ex officio member. (This provision was to remain in effect only until the Governor’s Reorganization Plan No. 1 of 1970 became operative.) Provided that the terms of the voting members shall be four years, commencing on 5/1/73, except that the members first appointed were required to classify themselves by lot such that the term of two members expired 5/1/75 and the term of two members expired 5/1/76, and the term of three members expired 5/1/77. Required the appointments to the Board made by the Governor to be confirmed by the Senate, and provided that the refusal or failure of the Senate to confirm an appointment created a vacancy in the office to which the appointment was made. Also authorized the Board to appoint a chief executive officer to administer the functions of the Board, and other staff. Designated the Board as the state solid waste management agency for all purposes stated in the Federal Resource Recovery Act of 1970. Appropriated $228,000 from the General Fund to the State Solid Waste Management Board for expenditure for the purposes of the Act.Required the Board to: conduct studies and investigations regarding new or improved methods of solid waste handling, disposal or reclamation, and review solid waste management plans by other state agencies; prepare and implement a statewide solid waste management information storage and retrieval system coordinated with other state information systems; implement a public information program for local government, private industry, and general maximum environmental protection, and effective reuse of waste products; render technical assistance to state and local agencies, local health officers, and others in the planning and operation of solid waste programs; study the methods of reducing and controlling the litter problem statewide, and report conclusions and recommendations, including public education and incentives not to litter, necessary legislation, and improved methods of implementing existing laws, to the Governor and Legislature by 1/1/75. Also required the Board to study alternative methods of providing financial assistance to local agencies for the planning and purchase of solid waste disposal facilities on a long-range basis, and report its findings to the Legislature by 7/1/74. Required the Board to file an annual report with the Legislature stating the progress achieved under the programs established by the Act and containing recommended additional administrative and legislative actions necessary to implement the policies and programs established therein, and required the report submitted in 1974 to include information on the financial impact of the State Policy for Solid Waste Management, adopted pursuant to the Act.
• State Solid Waste Management and Resource Recovery Advisory Council–Created the State Solid Waste Management and Resource Recovery Advisory Council with the Board, consisting of 25 members appointed by the Governor and confirmed by the Senate: two members of private solid waste handlers; two representatives of public solid waste handlers; two representatives of private solid waste disposal facility operators; two representatives of public solid waste disposal facility operators; six representatives of major private solid waste producing industries, including the glass, can, paper, and chemical industries; one local public health officer; three representatives of the agriculture and timber industries; two representatives of well-established citizen-action solid waste resource recovery programs; one county supervisor; one city councilman; three representatives of the public at large, each of who possesses special knowledge or experience in solid waste management and resource recovery, the conservation of natural resources, or environmental pollution. Also included on the Council the chief executive officer of the Board, the State Director of Public Health, the State Director of Agriculture, and the Chief of the Division of Mines and Geology of the Department of Conservation, as nonvoting ex officio members. (This provisions was to remain in effect only until the Governor’s Reorganization Plan No. 1 of 1970 became operative.)Provided that the Council was responsible for all of the following: initial preparation and recommendation to the Board, by 7/1/74, of the State Solid Waste Resource Recovery Program; providing advice and assistance to the Board in the development of the State Policy of Solid Waste Management; reviewing and recommending to the Board revisions in the resource recovery program and in state policy; making recommendations to the Board concerning each local solid waste management plan submitted to the Board for approval; providing advice and assistance to citizen-action groups, solid waste producing industries, and public and private solid waste collection and disposal organizations on the development and implementation of solid waste recycling and resource recovery programs; providing advice and assistance to the Board in connection with the study by the Board of the nature, extent, and methods of reducing and controlling the litter problem statewide. Provided that the Council would be terminated on 7/1/76.
• Solid Waste Management and Resource Recovery Policy–Required the Board, not later than 1/1/75, to formulate and adopt state policy for solid waste management, including minimum standards for solid waste handling and disposal for the protection of air, water, and land from pollution. Provided that standards could include the location, design, operation, maintenance, and ultimate reuse of solid waste processing or disposal facilities, but shall not include aspects of solid waste processing or disposal which are solely of local concern and not determined by the Board to be of statewide concern, including, but not limited to, frequency of collections, means of collection and transportation, level of service, charges and fees, designation of territory served through franchises, contracts or governmental employees, and purely aesthetic considerations.
• Solid Waste Management Plans–Required each county to prepare a comprehensive, coordinated solid waste management plan for all waste disposal within the county and for all waste originating therein which is to be disposed of outside the county, and to submit it to the Board for approval by 1/1/76. Required the plan to be prepared in cooperation with affected local jurisdictions, to be subject to approval by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, and to be consistent with state policy and any appropriate regional or subregional solid waste management plans. Required each plan to be submitted for review and comments to the regional planning agency for the region recognized by the Council on Intergovernmental Relations prior to submission to the Board. Authorized any county, with the agreement of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, may transfer the responsibility for the preparation of the solid waste management plan to the regional planning agency. Required each plan to include an analysis of the economic feasibility of the plan. Authorized solid waste management plans to include elements, where appropriate, providing for subregional solid waste management covering more than one county or parts thereof, and provided that such plans shall not supersede plans of any local jurisdiction unless there is agreement by all parties concerned.Required state offices, departments and boards to comply with solid waste management plans approved by the state in carrying out activities involving solid waste disposal, unless otherwise directed or authorized by statute. Prohibited the Board from approving any request for state or federal financial assistance for any solid waste management project not in conformance with the plan approved by the Board. Also required the Board to prepare guidelines for solid waste management plans and to provide technical assistance in the preparation, revision, and implementation of solid waste management plans.
• State Solid Waste Resource Recovery Program–Required the Council to submit to the Board by 7/1/74, and the Board to adopt, by 1/1/75, after review, notice, public hearings, and modification, the State Solid Waste Resource Recovery Program. Required the Program to include, but not be limited to, the following elements: (1) guidelines for a major state-directed research and development program to develop technologically and economically feasible methods for the collection, reduction, separation, recovery, conversion, and recycling of all solid wastes, and the environmentally safe disposal of nonissuable residues; (2) special studies and demonstration projects on the recovery of useful energy and resources from solid wastes, including, but not limited to, methods of recovering resources and energy from solid wastes, recommended uses including identification of potential markets for recovered resources, and the impact of the distribution of such resources on existing markets; changes in current product characteristics, production and packaging characteristics which would reduce the amount of solid waste generated at its source; methods of collection, reduction, separation, and containerization which will encourage more efficient utilization of facilities, and contribute to more effective reuse programs; the use of state procurement to develop market demand for recovered resources, with special emphasis on maximum possible state use of recycled paper; recommended incentives (grants, loans, etc.) and disincentives to public agencies and private organizations and individuals, necessary to accelerate the reclamation and recycling of resources from solid wastes; the effects of existing public policies, including subsidies and economic incentives and disincentives, tax incentives and disincentives, upon the recycling and reuse of solid wastes, and the likely effects of the modification or elimination of such incentives and disincentives upon the reuse, recycling, and conservation of such resources; the advantages and disadvantages, and methods of imposing disposal taxes on packaging, containers, vehicles, and other manufactured goods, which would reflect the cost of final disposal, the value of recoverable components of the item, and any social costs associated with the nonrecycling or uncontrolled disposal of such items; and (3) state pilot resources recovery projects, at the state institutions where such projects are deemed most feasible, to provide for the maximum possible reuse and recycling of the solid wastes generated by the institution.
• State Department of Public Health–Required the Department to continue to be responsible for all aspects of solid waste management and resource recovery as they directly affect human health, including, but not limited to, the contamination of air, water, and land, propagation of vertebrates and invertebrates which may transmit disease to man, handling and disposal of hazardous wastes, and management practices which threaten the health of solid waste employees or the general public. Also required the Department to: evaluate the characteristics of solid wastes and methods for their handling and disposal for health protection; render technical assistance to the Board, local agencies, and others in the planning and operation of solid waste management programs and resource recovery programs; formulate technical criteria and suggested guidelines for use by state and local agencies in developing programs for the local handling of solid waste; and stimulate and participate in research and development projects conducted by other public or private agencies, especially those intended to reduce, effectively reuse, or decontaminate waste products.Required the Department, not later than 1/1/75, to prepare and submit minimum standards for solid waste handling and disposal for the protection of the public health to the Board for inclusion in the State Policy for Solid Waste Management, required by the Act, and authorized the Department to adopt varying standards depending on population density, climate, geology, and other factors relevant to solid waste handling and disposal. (Chapter 342)

Statutes of 1971

SB 236 (Grunsky)–Compensation for Board of Directors of Garbage and Refuse Disposal Districts–Authorized a district chairman and secretary to be compensated monthly, as determined by the Board, rather than at a rate of $50 per month. Authorized a board to designate a depository for the custody of monies collected.

Statutes of 1970

SB 752 (Ketchum)–Maintenance of the Codes–Technical amendments regarding formation of garbage and refuse disposal districts. (Chapter 736)

1969 | 1967 | 1965 | 1963 | 1961 | 1959 | 1957 | 1955 | 1953

Statutes of 1969

SB 206 (Grunsky)–Compensation for Board of Directors of Garbage and Refuse Disposal Districts–Authorized members of a board of directors of a garbage and refuse disposal district, other than members who are full time public employees, to receive not more than $25 compensation, not including meal and travel expenses, for each day of actual attendance at any meetings of the board, not to exceed $75 in any month. Authorized the chairman and secretary of the district board of directors to receive $50 per month in lieu of any other compensation. Terminated upon adjournment of the 1971 Regular Session of the Legislature. (Chapter 69)

Statutes of 1967

SB 908 (Grunsky)–Expenses for Board of Directors of Garbage and Refuse and Disposal Districts–Authorized members of a garbage and refuse disposal district board of directors to be allowed meal and actual necessary travel expenses incurred in the performance of official business of the district, as approved by the district board. (Chapter 749)

Statutes of 1965

AB 592 (Knox, Song, Brown, Alquist, Warren and Unruh)–District Reorganization Act of 1965–Revised procedures related to the initiation, conduct, and completion of annexation, detachments, dissolutions, and consolidations of districts, as a new division in the Government Code. Repealed conflicting provisions, including those pertaining to garbage and refuse disposal districts in the Health and Safety Code. (Chapter 2043)

Statutes of 1963

SB 43 (Cobey)–Maintenance of the Codes–Technical amendments. (Chapter 1715)

Statutes of 1961

SB 708 (Dolwig)–Board of Directors for Garbage and Refuse Disposal Districts–Provided for four year terms of office for members of the board of directors for a garbage and refuse disposal district. Required current members to classify themselves by lot such that a majority shall serve until 1/1/63, and a minority shall serve until 1/1/64. Authorized a district to include in its annual estimate of expenses an unappropriated reserve fund. Made a technical amendment to the procedure for levying the garbage and refuse disposal district tax. (Chapter 929)

Statutes of 1959

AB 409 (Bradley)–Claims for Money or Damages–Provided that all claims for money or damages against a garbage or refuse disposal district are governed by specified provisions of the Government Code. (Chapter 1727)

AB 675 (Wilson)–Contracts for Garbage and Refuse Disposal–Authorized a board of supervisors to enter into contracts for the disposal of garbage and refuse, without advertising for bids, for not more than six months in the event of an emergency due to default of a contractor or other circumstance which would be detrimental to the public health, safety, or welfare of the inhabitants of the district. (Chapter 503)

AB 788 (Biddick)–Maintenance of the Codes–Technical amendments. (Chapter 598)

AB 1356 (Bradley)–Garbage and Refuse Disposal Districts–Authorized the formation of districts for the exclusive purpose of providing, maintaining, and operating a garbage and refuse disposal site, until 10/1/61. Authorized a district to issue bonds and levy taxes. Effective 9/15/61. (Chapter 445)

Statutes of 1957

AB 501 (Brown)–Maintenance of the Codes–Technical amendments. (Chapter 357)

AB 1175 (Allen)–Technical Amendments–Enacted technical amendments related to garbage disposal districts. (Chapter 46)

AB 3281 (Bonelli)–Garbage and Refuse Disposal Districts–Revised provisions regarding the annexation of territory to an existing garbage and refuse disposal district, and withdrawal of territory from a district. Urgency measure. (Chapter 1407)

AB 3996 (Doyle)–Garbage and Refuse Dumps–Prohibited a city, county, district, or public or municipal corporation from acquiring and operating a dump or site for the disposal of garbage or refuse, or transfer station or collection point for garbage or refuse within a city without the consent of the city council, or within the unincorporated area of a county without the consent of the board of supervisors. (Chapter 2423)

Statutes of 1955

AB 2391 (Burke)–Garbage Disposal Districts–Authorized a board of supervisors to consolidate two or more garbage disposal districts in a county, and provided for a hearing procedure for approval of the consolidation. (Chapter 1470)

AB 3797 (Marsh)–Contracts for Garbage and Refuse Disposal–Authorized the award of a contract for the collection, disposal or destruction of garbage and refuse to the best bidder, rather than to the lowest bidder, in order to preclude unnecessary incineration of rubbish which is a detriment to air quality. Provided, in the Government Code, that any county with a population in excess of 3 million may collect or contract for the collection of garbage, waste, refuse, rubbish, offal, trimmings or other refuse matter, and may levy an annual tax within the unincorporated area of the county, except for territory within an existing garbage district. Urgency measure. (Chapter 928)

Statutes of 1953

AB 864 (Porter)–Contracts for Garbage and Refuse Disposal–Revised provisions related to contracts for the disposal of garbage and refuse, and required the advertisement for a new or renewed garbage and refuse disposal contract in a newspaper at least ten consecutive times, or by posting in three public places for at least two weeks.

Provided that all bidders must be allowed to ascertain the details of the work to be provided under the contract. Required the contract to be let to the lowest responsible bidder. Authorized the rejection of all bids if none is satisfactory, and authorized the re-advertisement or the entering into of a contract not to exceed six months as necessary. (Chapter 689)

1949 | 1947 | 1939 | 1927

Statutes of 1949

AB 521 (Bennett)–Garbage Disposal Districts–Revised provisions related to the procedure for the annexation of territory to an existing garbage disposal district. (Chapter 359)

AB 1054 (Silliman)–Garbage and Refuse Disposal Districts–Renamed “garbage disposal districts” as “garbage and refuse disposal districts.” Required the formation of any district to be filed with the county recorder and the Secretary of State. Required the appointment of a governing board of trustees of not less than three members within 30 days after the filing with the Secretary of State, and provided for the selection of the members. Authorized the board of directors to: make and enforce all rules and regulations for the administration and government of the district, and for the operation and maintenance of the disposal site acquired by the district; appoint agents, employees and experts; enter into contracts; acquire property; perform all acts necessary; maintain and operate a garbage disposal site and facilities; and fix and collect fees for the use thereof; borrow money; and guarantee the performance of legal or contractual obligations.

Required the board of directors to furnish the board of supervisors and county auditor with an estimate of the funds necessary for the next fiscal year, at least 15 days prior to the first of the month in which the supervisors must levy taxes for county purposes. Required the board of supervisors to levy a “garbage and refuse disposal district tax” not to exceed fifteen cents ($0.15) on each one hundred dollars ($100) of taxable property of the district in the county. Authorized the district to maintain a cash-basis fund for expenses, not to exceed 60 percent of estimated expenditures for a fiscal year. Authorized a district to submit a proposition to the voters of a district when it finds it necessary to increase the indebtedness for the purpose of the district. Required any general obligation bonds issued by the district to be approved by the voters of the district in a special election. Prescribed the requirements of the proposition, the election, and the issuance of bonds.

Also revised provisions regarding the annexation of land to any district, and dissolution of a district. Urgency measure, due to the termination of three private garbage disposal facilities.(Chapter 964)

SB 697 (Coomb)–Contracts for Garbage and Refuse Disposal–Authorized the legislative body of any incorporated city to contract for the collection or disposal of garbage, waste, refuse, rubbish, offal, trimmings, or other refuse matter under terms prescribed by resolution or ordinance. (Chapter 860)

Statutes of 1947

SB 171 (Tenney)–Garbage Disposal Districts–Revised provisions related to annexation of land to a district. (Chapter 1047)

Statutes of 1939

SB 657 (Mixter and Foley)–Garbage Disposal Districts–Transferred the provisions of AB 36 of 1927 regarding the formation of garbage disposal districts to the newly created Health and Safety Code. Also restricted the grant of a franchise or privilege for the disposal or distribution of garbage, waste, offal, and debris to the board of supervisors of a county. Authorized a board of supervisors to call for bids for the granting of a franchise, exclusive or otherwise, for a period of time not to exceed 25 years.

Prohibited the operation of a crematory for the destruction by fire of garbage, ashes, offal, other refuse matter in a city, city and county, or town except as provided. Prohibited the operation of a crematory in the state except in such a manner as will prevent the propagation of disease through contamination of the atmosphere of any city, city and county, or town by the gases or fumes arising from the fires or ovens of the crematory. Provided that every person who burns by fire heat or destroys by cremation any garbage, ashes, offal, or other refuse in violation of these provisions is guilty of a misdemeanor. Provided that every person who destroys, or who attempts to destroy, the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop by fire within 1/4 mile of any city, town, or village, except in a crematory, the construction and operation of which is satisfactory to the Board of Health of a city or a health officer of a town, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding $1000, or both.

Provided that every person who dumps garbage in or upon the navigable waters of the state, or deposits it on a vessel with the intent that it be dumped in navigable waters or at any point in the ocean within 20 miles of the coastline of the State, is guilty of a misdemeanor. Provided that any person in charge of a vessel who permits such loading is guilty of a misdemeanor. Prohibited any vessel loaded with any garbage intended to be dumped in navigable waters from leaving any point within the state unless it carries an inspector appointed by the State Department of Public Health or by a city to enforce these provisions. Provided that any person in charge of a vessel which fails to have an inspector on board is guilty of a misdemeanor. (Chapter 60)

Statutes of 1927

AB 36 (Scofield)–Garbage Disposal Districts–Authorized the formation of garbage disposal districts, including any portion of a county, or city and county, provided that less than the whole of any incorporated city shall not be included in such district except by unanimous consent of the governing body of the city. Authorized the board of supervisors of any county to determine by resolution that any incorporated or unincorporated portion of the county is in need of facilities for the disposal of garbage, and should be formed into a garbage disposal district. Required the board of supervisors to hold a hearing not less than three weeks after adopting the resolution, and required public notice to be published once a week for three weeks in a newspaper in the territory proposed for the district which is most likely to give notice to the inhabitants thereof. Required the notice of the hearing to also describe the boundaries of the proposed district.

Authorized the filing of objections to the formation of the district, and required the board to consider all objections. Authorized the board of supervisors to exclude territory which would not be benefitted by incorporation within the proposed district. Required the board of supervisors to submit the proposed district to the voters of the district, and to order the formation of the district based on approval by a majority of those voting and a majority within each municipality.

Provided that the board of supervisors would be the governing body of a garbage district, and empowered to make and enforce all rules and regulations necessary for the administration and government of the district, for collection and disposal of garbage and other refuse, to appoint agents and employees, to acquire and own, control, manage and dispense of real property necessary and convenient for the collection and disposal of garbage and other refuse matter in the district, and to perform all acts necessary to accomplish the purposes of the bill.

Required the board of supervisors to levy an annual tax on each taxable property within the garbage district sufficient to defray the costs of disposal and maintenance of the district. Authorized the dissolution of a district, and the withdrawal of prescribed territory through a specified petition and hearing process. Also provided for the annexation of contiguous districts. (Chapter 213)