History of California Solid Waste Law, 1995-1999

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)

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