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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2680Introduced by Assembly Member Aguiar-CurryFebruary 20, 2020 An act to amend Sections 41821.5 and 42652 of, and to add Sections 40146 and 41823 to, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 2680, as introduced, Aguiar-Curry. Solid waste: green material: land application.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires a disposal facility operator to submit information to the department on the disposal tonnages that are disposed of at the disposal facility.This bill would require that information to be submitted to the department quarterly and would additionally require a disposal facility operator to submit information on the disposal tonnages that are applied to the land as green material.The act prohibits a person from operating a solid waste facility without a solid waste facility permit if that facility is required to have a permit pursuant to the act. The act authorizes the department to certify a local enforcement agency within each county and requires the department and certified local enforcement agencies to perform specified functions with regard to the regulation of solid waste management, including issuing and enforcing solid waste facility permits.This bill would require the department, on or before January 1, 2022, to adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The bill would require the regulations to require an entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land to notify the local enforcement agency and to prohibit the land application of 1,000 or more tons of green material per year without a solid waste facility permit. By increasing the duties of local enforcement agencies, the bill would impose a state-mandated local program. The bill would also require the department to adopt regulations containing specified provisions in consultation with the Department of Food and Agriculture.The bill would also make legislative findings and declarations relating to the significant impacts of the land application of green material.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 40146 is added to the Public Resources Code, to read:40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations.SEC. 2. Section 41821.5 of the Public Resources Code is amended to read:41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department, department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062.SEC. 3. Section 41823 is added to the Public Resources Code, to read:41823. (a) On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions:(1) An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency.(2) An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4.(b) The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions:(1) Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material.(2) Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate.SEC. 4. Section 42652 of the Public Resources Code is amended to read:42652. The Legislature finds and declares all of the following:(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01.(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity.(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity.(d) The application of unprocessed green material to land may pose significant impacts on all of the following:(1) Agriculture biosecurity.(2) Physical contamination.(3) Human health.(4) Water and air quality.(5) Methane emissions.(e) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2680Introduced by Assembly Member Aguiar-CurryFebruary 20, 2020 An act to amend Sections 41821.5 and 42652 of, and to add Sections 40146 and 41823 to, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 2680, as introduced, Aguiar-Curry. Solid waste: green material: land application.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires a disposal facility operator to submit information to the department on the disposal tonnages that are disposed of at the disposal facility.This bill would require that information to be submitted to the department quarterly and would additionally require a disposal facility operator to submit information on the disposal tonnages that are applied to the land as green material.The act prohibits a person from operating a solid waste facility without a solid waste facility permit if that facility is required to have a permit pursuant to the act. The act authorizes the department to certify a local enforcement agency within each county and requires the department and certified local enforcement agencies to perform specified functions with regard to the regulation of solid waste management, including issuing and enforcing solid waste facility permits.This bill would require the department, on or before January 1, 2022, to adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The bill would require the regulations to require an entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land to notify the local enforcement agency and to prohibit the land application of 1,000 or more tons of green material per year without a solid waste facility permit. By increasing the duties of local enforcement agencies, the bill would impose a state-mandated local program. The bill would also require the department to adopt regulations containing specified provisions in consultation with the Department of Food and Agriculture.The bill would also make legislative findings and declarations relating to the significant impacts of the land application of green material.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 16, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 16, 2020 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2680 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Aguiar-CurryFebruary 20, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Aguiar-Curry | |
| 18 | 18 | February 20, 2020 | |
| 19 | 19 | ||
| 20 | - | An act to amend Sections 41821.5 and 42652 | |
| 20 | + | An act to amend Sections 41821.5 and 42652 of, and to add Sections 40146 and 41823 to, the Public Resources Code, relating to solid waste. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2680, as | |
| 26 | + | AB 2680, as introduced, Aguiar-Curry. Solid waste: green material: land application. | |
| 27 | 27 | ||
| 28 | - | The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires a disposal facility operator to submit information to the department on the disposal tonnages that are disposed of at the disposal facility.This bill would require that information to be submitted to the department quarterly and would additionally require a disposal facility operator to submit information on the disposal tonnages that are applied to the land as green material.The act prohibits a person from operating a solid waste facility without a solid waste facility permit if that facility is required to have a permit pursuant to the act. The act authorizes the department to certify a local enforcement agency within each county and requires the department and certified local enforcement agencies to perform specified functions with regard to the regulation of solid waste management, including issuing and enforcing solid waste facility permits.This bill would require the department, on or before January 1, 2022, to adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The bill would require the regulations to require an entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land to notify the local enforcement agency and to prohibit the land application of 1,000 or more tons of green material per year without a solid waste facility permit. By increasing the duties of local enforcement agencies, the bill would impose a state-mandated local program. The bill would also require the department to adopt regulations containing specified provisions in consultation with the Department of Food and Agriculture. | |
| 28 | + | The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires a disposal facility operator to submit information to the department on the disposal tonnages that are disposed of at the disposal facility.This bill would require that information to be submitted to the department quarterly and would additionally require a disposal facility operator to submit information on the disposal tonnages that are applied to the land as green material.The act prohibits a person from operating a solid waste facility without a solid waste facility permit if that facility is required to have a permit pursuant to the act. The act authorizes the department to certify a local enforcement agency within each county and requires the department and certified local enforcement agencies to perform specified functions with regard to the regulation of solid waste management, including issuing and enforcing solid waste facility permits.This bill would require the department, on or before January 1, 2022, to adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The bill would require the regulations to require an entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land to notify the local enforcement agency and to prohibit the land application of 1,000 or more tons of green material per year without a solid waste facility permit. By increasing the duties of local enforcement agencies, the bill would impose a state-mandated local program. The bill would also require the department to adopt regulations containing specified provisions in consultation with the Department of Food and Agriculture.The bill would also make legislative findings and declarations relating to the significant impacts of the land application of green material.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires a disposal facility operator to submit information to the department on the disposal tonnages that are disposed of at the disposal facility. | |
| 31 | 31 | ||
| 32 | 32 | This bill would require that information to be submitted to the department quarterly and would additionally require a disposal facility operator to submit information on the disposal tonnages that are applied to the land as green material. | |
| 33 | 33 | ||
| 34 | 34 | The act prohibits a person from operating a solid waste facility without a solid waste facility permit if that facility is required to have a permit pursuant to the act. The act authorizes the department to certify a local enforcement agency within each county and requires the department and certified local enforcement agencies to perform specified functions with regard to the regulation of solid waste management, including issuing and enforcing solid waste facility permits. | |
| 35 | 35 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 36 | This bill would require the department, on or before January 1, 2022, to adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The bill would require the regulations to require an entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land to notify the local enforcement agency and to prohibit the land application of 1,000 or more tons of green material per year without a solid waste facility permit. By increasing the duties of local enforcement agencies, the bill would impose a state-mandated local program. The bill would also require the department to adopt regulations containing specified provisions in consultation with the Department of Food and Agriculture. | |
| 39 | - | ||
| 40 | - | ||
| 41 | - | ||
| 42 | - | Existing regulations implement a 5-tier regulatory structure for solid waste facilities and solid waste handling operations and authorize certain facilities and operations to use the enforcement agency notification tier. | |
| 43 | - | ||
| 44 | - | This bill would require, for purposes of permitting and enforcement under the act, an owner of land who is engaged in the land application of over 200 tons of green material per parcel per year to use the enforcement agency notification tier pursuant to those regulations. The bill would require those owners of land to comply with the requirements of the enforcement agency notification. The bill would provide that green material includes municipally derived green material and does not include material from agricultural or forest sources. | |
| 45 | 37 | ||
| 46 | 38 | The bill would also make legislative findings and declarations relating to the significant impacts of the land application of green material. | |
| 47 | 39 | ||
| 48 | 40 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 49 | 41 | ||
| 50 | - | ||
| 51 | - | ||
| 52 | 42 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 53 | - | ||
| 54 | - | ||
| 55 | 43 | ||
| 56 | 44 | ## Digest Key | |
| 57 | 45 | ||
| 58 | 46 | ## Bill Text | |
| 59 | 47 | ||
| 60 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. Section 40146 is added to the Public Resources Code, to read:40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations.SEC. 2. Section 41821.5 of the Public Resources Code is amended to read:41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department, department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062.SEC. 3. Section 41823 is added to the Public Resources Code, to read:41823. (a) On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions:(1) An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency.(2) An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4.(b) The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions:(1) Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material.(2) Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate.SEC. 4. Section 42652 of the Public Resources Code is amended to read:42652. The Legislature finds and declares all of the following:(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01.(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity.(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity.(d) The application of unprocessed green material to land may pose significant impacts on all of the following:(1) Agriculture biosecurity.(2) Physical contamination.(3) Human health.(4) Water and air quality.(5) Methane emissions.(e) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 61 | 49 | ||
| 62 | 50 | The people of the State of California do enact as follows: | |
| 63 | 51 | ||
| 64 | 52 | ## The people of the State of California do enact as follows: | |
| 65 | 53 | ||
| 66 | - | SECTION 1. The | |
| 54 | + | SECTION 1. Section 40146 is added to the Public Resources Code, to read:40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations. | |
| 67 | 55 | ||
| 68 | - | SECTION 1. The Legislature finds and declares both of the following:(a) The application of unprocessed green material to land may pose significant impacts on all of the following:(1) Agriculture biosecurity.(2) Physical contamination.(3) Human health.(4) Water and air quality.(5) Methane emissions.(b) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature. | |
| 69 | - | ||
| 70 | - | SECTION 1. The Legislature finds and declares both of the following: | |
| 56 | + | SECTION 1. Section 40146 is added to the Public Resources Code, to read: | |
| 71 | 57 | ||
| 72 | 58 | ### SECTION 1. | |
| 73 | - | ||
| 74 | - | (a) The application of unprocessed green material to land may pose significant impacts on all of the following: | |
| 75 | - | ||
| 76 | - | (1) Agriculture biosecurity. | |
| 77 | - | ||
| 78 | - | (2) Physical contamination. | |
| 79 | - | ||
| 80 | - | (3) Human health. | |
| 81 | - | ||
| 82 | - | (4) Water and air quality. | |
| 83 | - | ||
| 84 | - | (5) Methane emissions. | |
| 85 | - | ||
| 86 | - | (b) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature. | |
| 87 | - | ||
| 88 | - | SECTION 1.SEC. 2. Section 40146 is added to the Public Resources Code, to read:40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations. | |
| 89 | - | ||
| 90 | - | SECTION 1.SEC. 2. Section 40146 is added to the Public Resources Code, to read: | |
| 91 | - | ||
| 92 | - | ### SECTION 1.SEC. 2. | |
| 93 | 59 | ||
| 94 | 60 | 40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations. | |
| 95 | 61 | ||
| 96 | 62 | 40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations. | |
| 97 | 63 | ||
| 98 | 64 | 40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations. | |
| 99 | 65 | ||
| 100 | 66 | ||
| 101 | 67 | ||
| 102 | 68 | 40146. Land application has the same meaning as defined in Section 17852(a)(24.5) of Title 14 of the California Code of Regulations. | |
| 103 | 69 | ||
| 104 | - | SEC. 2 | |
| 70 | + | SEC. 2. Section 41821.5 of the Public Resources Code is amended to read:41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department, department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 105 | 71 | ||
| 106 | - | SEC. 2 | |
| 72 | + | SEC. 2. Section 41821.5 of the Public Resources Code is amended to read: | |
| 107 | 73 | ||
| 108 | - | ### SEC. 2. | |
| 74 | + | ### SEC. 2. | |
| 109 | 75 | ||
| 110 | - | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 76 | + | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department, department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 111 | 77 | ||
| 112 | - | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 78 | + | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department, department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 113 | 79 | ||
| 114 | - | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 80 | + | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department, department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.(5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.(i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 115 | 81 | ||
| 116 | 82 | ||
| 117 | 83 | ||
| 118 | - | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. | |
| 84 | + | 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility or applied to the land as green material to the department, department on a quarterly basis, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. | |
| 119 | 85 | ||
| 120 | 86 | (b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. | |
| 121 | 87 | ||
| 122 | 88 | (2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define self-hauler to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity. | |
| 123 | 89 | ||
| 124 | 90 | (3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. | |
| 125 | 91 | ||
| 126 | 92 | (c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: | |
| 127 | 93 | ||
| 128 | 94 | (1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. | |
| 129 | 95 | ||
| 130 | 96 | (2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. | |
| 131 | 97 | ||
| 132 | 98 | (d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. | |
| 133 | 99 | ||
| 134 | 100 | (e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. | |
| 135 | 101 | ||
| 136 | 102 | (f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. | |
| 137 | 103 | ||
| 138 | 104 | (g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). | |
| 139 | 105 | ||
| 140 | 106 | (2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entitys geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. | |
| 141 | 107 | ||
| 142 | 108 | (3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. | |
| 143 | 109 | ||
| 144 | 110 | (4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. | |
| 145 | 111 | ||
| 146 | 112 | (5) For purposes of this subdivision, disposal and disposal facility have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. | |
| 147 | 113 | ||
| 148 | 114 | (6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. | |
| 149 | 115 | ||
| 150 | 116 | (7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. | |
| 151 | 117 | ||
| 152 | 118 | (h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. | |
| 153 | 119 | ||
| 154 | 120 | (i) All records provided in accordance with this section shall be subject to Section 40062. | |
| 155 | 121 | ||
| 122 | + | SEC. 3. Section 41823 is added to the Public Resources Code, to read:41823. (a) On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions:(1) An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency.(2) An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4.(b) The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions:(1) Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material.(2) Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate. | |
| 123 | + | ||
| 124 | + | SEC. 3. Section 41823 is added to the Public Resources Code, to read: | |
| 125 | + | ||
| 126 | + | ### SEC. 3. | |
| 127 | + | ||
| 128 | + | 41823. (a) On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions:(1) An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency.(2) An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4.(b) The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions:(1) Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material.(2) Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate. | |
| 129 | + | ||
| 130 | + | 41823. (a) On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions:(1) An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency.(2) An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4.(b) The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions:(1) Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material.(2) Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate. | |
| 131 | + | ||
| 132 | + | 41823. (a) On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions:(1) An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency.(2) An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4.(b) The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions:(1) Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material.(2) Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate. | |
| 156 | 133 | ||
| 157 | 134 | ||
| 158 | 135 | ||
| 136 | + | 41823. (a) On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions: | |
| 159 | 137 | ||
| 160 | - | (a)On or before January 1, 2022, the department shall adopt regulations establishing a local permitting and enforcement process for the land application of green material derived from the municipal solid waste stream. The regulations shall include, at a minimum, both of the following provisions: | |
| 138 | + | (1) An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency. | |
| 139 | + | ||
| 140 | + | (2) An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4. | |
| 141 | + | ||
| 142 | + | (b) The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions: | |
| 143 | + | ||
| 144 | + | (1) Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material. | |
| 145 | + | ||
| 146 | + | (2) Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate. | |
| 147 | + | ||
| 148 | + | SEC. 4. Section 42652 of the Public Resources Code is amended to read:42652. The Legislature finds and declares all of the following:(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01.(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity.(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity.(d) The application of unprocessed green material to land may pose significant impacts on all of the following:(1) Agriculture biosecurity.(2) Physical contamination.(3) Human health.(4) Water and air quality.(5) Methane emissions.(e) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature. | |
| 149 | + | ||
| 150 | + | SEC. 4. Section 42652 of the Public Resources Code is amended to read: | |
| 151 | + | ||
| 152 | + | ### SEC. 4. | |
| 153 | + | ||
| 154 | + | 42652. The Legislature finds and declares all of the following:(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01.(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity.(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity.(d) The application of unprocessed green material to land may pose significant impacts on all of the following:(1) Agriculture biosecurity.(2) Physical contamination.(3) Human health.(4) Water and air quality.(5) Methane emissions.(e) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature. | |
| 155 | + | ||
| 156 | + | 42652. The Legislature finds and declares all of the following:(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01.(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity.(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity.(d) The application of unprocessed green material to land may pose significant impacts on all of the following:(1) Agriculture biosecurity.(2) Physical contamination.(3) Human health.(4) Water and air quality.(5) Methane emissions.(e) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature. | |
| 157 | + | ||
| 158 | + | 42652. The Legislature finds and declares all of the following:(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01.(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity.(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity.(d) The application of unprocessed green material to land may pose significant impacts on all of the following:(1) Agriculture biosecurity.(2) Physical contamination.(3) Human health.(4) Water and air quality.(5) Methane emissions.(e) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature. | |
| 161 | 159 | ||
| 162 | 160 | ||
| 163 | 161 | ||
| 164 | - | (1)An entity that engages in the land application of 250 or more tons of green material per year on a single parcel of land shall notify the local enforcement agency. | |
| 165 | - | ||
| 166 | - | ||
| 167 | - | ||
| 168 | - | (2)An entity shall not engage in the land application of 1,000 or more tons of green material per year on a single parcel of land without a solid waste facility permit issued pursuant to Article 1 (commencing with Section 44000.5) of Chapter 3 of Part 4. | |
| 169 | - | ||
| 170 | - | ||
| 171 | - | ||
| 172 | - | (b)The department shall, in consultation with the Department of Food and Agriculture, also include in the regulations adopted pursuant to subdivision (a) both of the following provisions: | |
| 173 | - | ||
| 174 | - | ||
| 175 | - | ||
| 176 | - | (1)Green material originating from an agricultural quarantine zone shall not be included in a solid waste facility permit for land application of green material. | |
| 177 | - | ||
| 178 | - | ||
| 179 | - | ||
| 180 | - | (2)Solid waste facility permits for land application of green material shall not exceed a sustainable agronomic rate. | |
| 181 | - | ||
| 182 | - | ||
| 183 | - | ||
| 184 | - | ||
| 185 | - | ||
| 186 | - | ||
| 187 | - | ||
| 188 | - | The Legislature finds and declares all of the following: | |
| 189 | - | ||
| 190 | - | ||
| 162 | + | 42652. The Legislature finds and declares all of the following: | |
| 191 | 163 | ||
| 192 | 164 | (a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01. | |
| 193 | 165 | ||
| 194 | - | ||
| 195 | - | ||
| 196 | 166 | (b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity. | |
| 197 | - | ||
| 198 | - | ||
| 199 | 167 | ||
| 200 | 168 | (c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity. | |
| 201 | 169 | ||
| 202 | - | ||
| 203 | - | ||
| 204 | 170 | (d) The application of unprocessed green material to land may pose significant impacts on all of the following: | |
| 205 | - | ||
| 206 | - | ||
| 207 | 171 | ||
| 208 | 172 | (1) Agriculture biosecurity. | |
| 209 | 173 | ||
| 210 | - | ||
| 211 | - | ||
| 212 | 174 | (2) Physical contamination. | |
| 213 | - | ||
| 214 | - | ||
| 215 | 175 | ||
| 216 | 176 | (3) Human health. | |
| 217 | 177 | ||
| 218 | - | ||
| 219 | - | ||
| 220 | 178 | (4) Water and air quality. | |
| 221 | - | ||
| 222 | - | ||
| 223 | 179 | ||
| 224 | 180 | (5) Methane emissions. | |
| 225 | 181 | ||
| 226 | - | ||
| 227 | - | ||
| 228 | 182 | (e) Unsustainable direct land application of green material does not facilitate progress towards achieving the various policy goals set out by the Legislature. | |
| 229 | 183 | ||
| 184 | + | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 230 | 185 | ||
| 186 | + | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 231 | 187 | ||
| 188 | + | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 232 | 189 | ||
| 233 | - | ||
| 234 | - | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 235 | - | ||
| 236 | - | ||
| 237 | - | ||
| 238 | - | SEC. 4. Section 41823 is added to the Public Resources Code, to read:41823. (a) For purposes of permitting and enforcement under this division, an owner of land who is engaged in the land application of over 200 tons of green material per parcel per year shall use the enforcement agency notification tier specified in Section 18103 of Article 3.0 of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations, or any successor regulation.(b) An owner of land identified in subdivision (a) shall comply with the requirements of the enforcement agency notification pursuant to Article 3.0 (commencing with Section 18100) of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations.(c) For purposes of this section, green material includes municipally derived green material and does not include material from agricultural or forest sources. | |
| 239 | - | ||
| 240 | - | SEC. 4. Section 41823 is added to the Public Resources Code, to read: | |
| 241 | - | ||
| 242 | - | ### SEC. 4. | |
| 243 | - | ||
| 244 | - | 41823. (a) For purposes of permitting and enforcement under this division, an owner of land who is engaged in the land application of over 200 tons of green material per parcel per year shall use the enforcement agency notification tier specified in Section 18103 of Article 3.0 of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations, or any successor regulation.(b) An owner of land identified in subdivision (a) shall comply with the requirements of the enforcement agency notification pursuant to Article 3.0 (commencing with Section 18100) of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations.(c) For purposes of this section, green material includes municipally derived green material and does not include material from agricultural or forest sources. | |
| 245 | - | ||
| 246 | - | 41823. (a) For purposes of permitting and enforcement under this division, an owner of land who is engaged in the land application of over 200 tons of green material per parcel per year shall use the enforcement agency notification tier specified in Section 18103 of Article 3.0 of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations, or any successor regulation.(b) An owner of land identified in subdivision (a) shall comply with the requirements of the enforcement agency notification pursuant to Article 3.0 (commencing with Section 18100) of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations.(c) For purposes of this section, green material includes municipally derived green material and does not include material from agricultural or forest sources. | |
| 247 | - | ||
| 248 | - | 41823. (a) For purposes of permitting and enforcement under this division, an owner of land who is engaged in the land application of over 200 tons of green material per parcel per year shall use the enforcement agency notification tier specified in Section 18103 of Article 3.0 of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations, or any successor regulation.(b) An owner of land identified in subdivision (a) shall comply with the requirements of the enforcement agency notification pursuant to Article 3.0 (commencing with Section 18100) of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations.(c) For purposes of this section, green material includes municipally derived green material and does not include material from agricultural or forest sources. | |
| 249 | - | ||
| 250 | - | ||
| 251 | - | ||
| 252 | - | 41823. (a) For purposes of permitting and enforcement under this division, an owner of land who is engaged in the land application of over 200 tons of green material per parcel per year shall use the enforcement agency notification tier specified in Section 18103 of Article 3.0 of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations, or any successor regulation. | |
| 253 | - | ||
| 254 | - | (b) An owner of land identified in subdivision (a) shall comply with the requirements of the enforcement agency notification pursuant to Article 3.0 (commencing with Section 18100) of Chapter 5 of Division 7 of Title 14 of the California Code of Regulations. | |
| 255 | - | ||
| 256 | - | (c) For purposes of this section, green material includes municipally derived green material and does not include material from agricultural or forest sources. | |
| 190 | + | ### SEC. 5. |