Local Agency Responsibilities and Reporting: FAQs About PRC 42648

This page answers frequently asked questions as they pertain to the provisions of Public Resources Code 42648, et al. (AB 2176, Montanez, Chapter 879, Statutes of 2004) regarding waste reduction at large venues and large events.

Do local agencies have to report to CalRecycle on all venues and events?

No. Although all large venues and events must develop and implement waste diversion plans, local agencies only need to report to the board on the top ten (10) percent (by waste generation) of the large venues and events within their city or county.

Does the 10 percent rule referred to in PRC 42648.2 (a) (2) mean 10 percent of the large venues and large events TOGETHER, or 10 percent of the large venues, AND 10 percent of the large events?

Large venues and large events are combined together before determining the largest 10 percent by waste generation. For example, if there are three large venues and seven large events in a local agency, the total number of large venues and events is ten and the top 10 percent would be one.

My local agency has only eight venues and events within its boundaries that fit the PRC 42648 definitions of “large.” How does my local agency determine the largest 10 percent by waste generation for reporting to the state as per PRC 42648.2 (a) (2)?

If there are less 10 ten qualifying large facilities and large events, then the minimum for local agency reporting would be one, the largest of the facilities and events by waste generation tonnage. If there are zero qualifying large venues or large events, then simply report that there are none located within the local agency’s boundaries.

What if my local agency is part of a regional agency?

Subsequent to the passage of AB 2176, CalRecycle received clarification that regional agencies would be considered the same as a city or county under this law. If your local agency is a member of a regional agency for the purposes of implementing Chapter 30, Part 2 of the PRC, the regional agency may assume responsibility for submitting the annual report to CalRecycle as required by PRC Section 41821. Beginning with the annual report for the 2005 reporting year, the regional agency may also submit the venues and events waste diversion information that is required to be reported by PRC 42648.2(a)(2).

Should a regional agency report on the top 10 percent of the total number of large venues and events within the regional agency as a whole or the top 10 percent within each individual member local agency?

A regional agency should report on the top 10 percent of large venues and large events within the region as a whole. For example, a regional agency with six member local agencies that have one large venue or large event, each would report on one large venue and/or event, not six.

I can’t report on half of an event or venue, so what do I do if I have more than ten venues and events, but 10 percent of those doesn’t work out to an even number?

We would suggest using the general rules for rounding to the nearest whole number. If 10 percent of the large venues and events work out to have a remaining fraction of 0.4 or less, round down, if it is 0.5 or more, round up. For example, if you have 14 large venues and large events, report on one. If you have 15, report on two.

What should a local agency do if a venue or event refuses to provide their waste diversion information?

PRC 42648.2 (a)(2) states that local agencies must report specified information regarding venues and events waste diversion, to the extent that the information is readily available to the local agency. If a venue or event won’t comply with a local agency’s request for waste diversion information, to the best of their ability the local agency should provide the venue or event information required in the annual report. It would be helpful to also note the efforts they made to obtain the information from the venue and event and that their efforts were unsuccessful.

It might be useful for the local agency to explain to the noncompliant venue or event that CalRecycle will be reviewing compliance with the mandate for venues and events to develop and implement diversion plans. If CalRecycle finds that implementation is insufficient, they must recommend to the legislature statutory changes to require venue and event waste diversion programs.

In addition, local agencies may adopt an ordinance at the local level that provides incentives to comply with the law and enacts penalties upon those that don’t. CalRecycle has adopted a model ordinance and general plan language to assist local agencies that wish to adopt an ordinance or general plan language facilitating waste diversion at venues and events.

What if my agency does not issue a permit for a large venue or large event; do I still have to issue information as per 42648.2 (a) (1)?

No, it is not required, however all large venues and large events in local agency are still required to develop a waste diversion plan and report their waste reduction activities if requested by the local agency. Providing waste diversion information to venues and events and local recycling resources will be helpful to this process.

Does PRC 42648 supersede AB 75 (Chapter 764, Statutes of 1999, Strom-Martin) or other state requirements for agency waste reduction programs and reporting?

No, each act stands alone and requires actions and reports as stated in the applicable PRC sections. However, to avoid double reporting, if a venue is already reporting to CalRecycle through their AB 75 report, it is suggested that the local agency should not include that venue in the total number of large venues and events from which they determine the top 10 percent they will report on through the agency’s annual report. Colleges in the California State University and Community College systems report under AB 75. Colleges in the University of California system do not.

Note: Public Resources Code 42648, et al. (AB 2176, Montanez, Chapter 879, Statutes of 2004) does not require CalRecycle to regulate or enforce its provisions, but rather to obtain information for future recommendations. CalRecycle will not be adopting regulations and local agencies need to make reasonable determinations based upon the provisions of the statue; CalRecycle will not be formally evaluating or auditing individual local agency determinations. However, as always, CalRecycle staff is available to assist local agencies in making these determinations. In interpreting the legislative intent regarding implementing PRC 42648, the FAQs referenced above may be useful for local agencies and operators of venues and events.

For more information contact: Office of Public Affairs, opa@calrecycle.ca.gov