History of California Solid Waste Law, 2000-2004

2004 | 2003 | 2002 | 2001 | 2000

Statutes of 2004

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

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

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

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

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

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

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

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

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

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

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

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

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

Statutes of 2003

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

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

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

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

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

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

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

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

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

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

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

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

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

Statutes of 2002

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Statutes of 2001

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Statutes of 2000

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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