History of California Solid Waste Law, 1990-1994

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)

For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov