California 2019-2020 Regular Session

California Assembly Bill AB815 Compare Versions

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1-Assembly Bill No. 815 CHAPTER 182 An act to amend Section 41825 of the Public Resources Code, relating to solid waste. [ Approved by Governor August 30, 2019. Filed with Secretary of State August 30, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 815, Aguiar-Curry. Integrated waste management plans: source reduction and recycling element and household hazardous waste element: dual stream recycling programs.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element and a household hazardous waste element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions.Existing law requires a city, county, or regional agency to submit an annual report to the department summarizing its progress in reducing solid and household hazardous waste. Existing law requires the department to review a jurisdictions compliance with the diversion requirements every 2 or 4 years, as specified, and requires the department to issue an order of compliance if the department finds, after considering specified factors, the jurisdiction failed to make a good faith effort to implement its source reduction and recycling element or household hazardous waste element. After issuing an order of compliance, existing law authorizes the department to impose administrative civil penalties upon that jurisdiction, as provided.This bill would require the department to consider whether the jurisdiction has implemented a dual stream recycling program, as defined, when considering if the jurisdiction has made a good faith effort to implement its source reduction and recycling element or household hazardous waste element.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The solid waste industry and local governments began using single stream recycling in the 1990s, in which paper, plastic, glass, aluminum, and cardboard are collected together in a single recycling bin.(2) When it began, single stream recycling focused on ease of collection and boosted diversion rates.(3) Global markets for single stream material have historically been strong, regardless of the quality and usability of the single stream material.(4) In February 2017, China announced its National Sword policy to ban importation of 24 categories of scrap material, including low grade plastics and unsorted mixed paper, and setting strict contamination standards for other recyclable material.(5) According to the Department of Resources Recycling and Recovery (CalRecycle), prior to National Sword, approximately two-thirds of curbside collected recycled material was exported to foreign markets, with China receiving 62 percent of all exported recycled material.(6) According to the waste hauling industry, on average, 25 percent of collected recycled material is contaminated, with some communities reaching 50 percent.(7) High rates of contamination of recycled materials result in higher processing costs and make the use of recycled material more expensive than the use of virgin material.(8) With fewer end markets, contaminated recycled material is stockpiled and may eventually be landfilled.(9) To address the issue of contamination and to improve marketability of recycled material, some communities have adopted dual stream recycling collection programs.(b) It is the intent of the Legislature in enacting this measure to incentivize, but not require, communities and waste haulers to implement dual stream recycling programs.(c) It is not the intent of the Legislature in enacting this measure to authorize CalRecycle to withhold a good faith effort determination on the basis that a jurisdiction has not voluntarily implemented a dual stream recycling program.(d) It is not the intent of the Legislature in enacting this measure to encourage CalRecycle to bring enforcement actions against local governments that do not implement dual stream recycling programs.SEC. 2. Section 41825 of the Public Resources Code, as amended by Section 1 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.SEC. 3. Section 41825 of the Public Resources Code, as amended by Section 2 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall become operative on January 1, 2022.
1+Enrolled August 16, 2019 Passed IN Senate August 12, 2019 Passed IN Assembly August 15, 2019 Amended IN Senate June 27, 2019 Amended IN Senate May 22, 2019 Amended IN Assembly April 10, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 815Introduced by Assembly Member Aguiar-CurryFebruary 20, 2019 An act to amend Section 41825 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 815, Aguiar-Curry. Integrated waste management plans: source reduction and recycling element and household hazardous waste element: dual stream recycling programs.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element and a household hazardous waste element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions.Existing law requires a city, county, or regional agency to submit an annual report to the department summarizing its progress in reducing solid and household hazardous waste. Existing law requires the department to review a jurisdictions compliance with the diversion requirements every 2 or 4 years, as specified, and requires the department to issue an order of compliance if the department finds, after considering specified factors, the jurisdiction failed to make a good faith effort to implement its source reduction and recycling element or household hazardous waste element. After issuing an order of compliance, existing law authorizes the department to impose administrative civil penalties upon that jurisdiction, as provided.This bill would require the department to consider whether the jurisdiction has implemented a dual stream recycling program, as defined, when considering if the jurisdiction has made a good faith effort to implement its source reduction and recycling element or household hazardous waste element.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The solid waste industry and local governments began using single stream recycling in the 1990s, in which paper, plastic, glass, aluminum, and cardboard are collected together in a single recycling bin.(2) When it began, single stream recycling focused on ease of collection and boosted diversion rates.(3) Global markets for single stream material have historically been strong, regardless of the quality and usability of the single stream material.(4) In February 2017, China announced its National Sword policy to ban importation of 24 categories of scrap material, including low grade plastics and unsorted mixed paper, and setting strict contamination standards for other recyclable material.(5) According to the Department of Resources Recycling and Recovery (CalRecycle), prior to National Sword, approximately two-thirds of curbside collected recycled material was exported to foreign markets, with China receiving 62 percent of all exported recycled material.(6) According to the waste hauling industry, on average, 25 percent of collected recycled material is contaminated, with some communities reaching 50 percent.(7) High rates of contamination of recycled materials result in higher processing costs and make the use of recycled material more expensive than the use of virgin material.(8) With fewer end markets, contaminated recycled material is stockpiled and may eventually be landfilled.(9) To address the issue of contamination and to improve marketability of recycled material, some communities have adopted dual stream recycling collection programs.(b) It is the intent of the Legislature in enacting this measure to incentivize, but not require, communities and waste haulers to implement dual stream recycling programs.(c) It is not the intent of the Legislature in enacting this measure to authorize CalRecycle to withhold a good faith effort determination on the basis that a jurisdiction has not voluntarily implemented a dual stream recycling program.(d) It is not the intent of the Legislature in enacting this measure to encourage CalRecycle to bring enforcement actions against local governments that do not implement dual stream recycling programs.SEC. 2. Section 41825 of the Public Resources Code, as amended by Section 1 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.SEC. 3. Section 41825 of the Public Resources Code, as amended by Section 2 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall become operative on January 1, 2022.
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3- Assembly Bill No. 815 CHAPTER 182 An act to amend Section 41825 of the Public Resources Code, relating to solid waste. [ Approved by Governor August 30, 2019. Filed with Secretary of State August 30, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 815, Aguiar-Curry. Integrated waste management plans: source reduction and recycling element and household hazardous waste element: dual stream recycling programs.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element and a household hazardous waste element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions.Existing law requires a city, county, or regional agency to submit an annual report to the department summarizing its progress in reducing solid and household hazardous waste. Existing law requires the department to review a jurisdictions compliance with the diversion requirements every 2 or 4 years, as specified, and requires the department to issue an order of compliance if the department finds, after considering specified factors, the jurisdiction failed to make a good faith effort to implement its source reduction and recycling element or household hazardous waste element. After issuing an order of compliance, existing law authorizes the department to impose administrative civil penalties upon that jurisdiction, as provided.This bill would require the department to consider whether the jurisdiction has implemented a dual stream recycling program, as defined, when considering if the jurisdiction has made a good faith effort to implement its source reduction and recycling element or household hazardous waste element.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled August 16, 2019 Passed IN Senate August 12, 2019 Passed IN Assembly August 15, 2019 Amended IN Senate June 27, 2019 Amended IN Senate May 22, 2019 Amended IN Assembly April 10, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 815Introduced by Assembly Member Aguiar-CurryFebruary 20, 2019 An act to amend Section 41825 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 815, Aguiar-Curry. Integrated waste management plans: source reduction and recycling element and household hazardous waste element: dual stream recycling programs.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element and a household hazardous waste element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions.Existing law requires a city, county, or regional agency to submit an annual report to the department summarizing its progress in reducing solid and household hazardous waste. Existing law requires the department to review a jurisdictions compliance with the diversion requirements every 2 or 4 years, as specified, and requires the department to issue an order of compliance if the department finds, after considering specified factors, the jurisdiction failed to make a good faith effort to implement its source reduction and recycling element or household hazardous waste element. After issuing an order of compliance, existing law authorizes the department to impose administrative civil penalties upon that jurisdiction, as provided.This bill would require the department to consider whether the jurisdiction has implemented a dual stream recycling program, as defined, when considering if the jurisdiction has made a good faith effort to implement its source reduction and recycling element or household hazardous waste element.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Assembly Bill No. 815 CHAPTER 182
5+ Enrolled August 16, 2019 Passed IN Senate August 12, 2019 Passed IN Assembly August 15, 2019 Amended IN Senate June 27, 2019 Amended IN Senate May 22, 2019 Amended IN Assembly April 10, 2019
66
7- Assembly Bill No. 815
7+Enrolled August 16, 2019
8+Passed IN Senate August 12, 2019
9+Passed IN Assembly August 15, 2019
10+Amended IN Senate June 27, 2019
11+Amended IN Senate May 22, 2019
12+Amended IN Assembly April 10, 2019
813
9- CHAPTER 182
14+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
15+
16+ Assembly Bill
17+
18+No. 815
19+
20+Introduced by Assembly Member Aguiar-CurryFebruary 20, 2019
21+
22+Introduced by Assembly Member Aguiar-Curry
23+February 20, 2019
1024
1125 An act to amend Section 41825 of the Public Resources Code, relating to solid waste.
12-
13- [ Approved by Governor August 30, 2019. Filed with Secretary of State August 30, 2019. ]
1426
1527 LEGISLATIVE COUNSEL'S DIGEST
1628
1729 ## LEGISLATIVE COUNSEL'S DIGEST
1830
1931 AB 815, Aguiar-Curry. Integrated waste management plans: source reduction and recycling element and household hazardous waste element: dual stream recycling programs.
2032
2133 The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element and a household hazardous waste element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions.Existing law requires a city, county, or regional agency to submit an annual report to the department summarizing its progress in reducing solid and household hazardous waste. Existing law requires the department to review a jurisdictions compliance with the diversion requirements every 2 or 4 years, as specified, and requires the department to issue an order of compliance if the department finds, after considering specified factors, the jurisdiction failed to make a good faith effort to implement its source reduction and recycling element or household hazardous waste element. After issuing an order of compliance, existing law authorizes the department to impose administrative civil penalties upon that jurisdiction, as provided.This bill would require the department to consider whether the jurisdiction has implemented a dual stream recycling program, as defined, when considering if the jurisdiction has made a good faith effort to implement its source reduction and recycling element or household hazardous waste element.
2234
2335 The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element and a household hazardous waste element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions.
2436
2537 Existing law requires a city, county, or regional agency to submit an annual report to the department summarizing its progress in reducing solid and household hazardous waste. Existing law requires the department to review a jurisdictions compliance with the diversion requirements every 2 or 4 years, as specified, and requires the department to issue an order of compliance if the department finds, after considering specified factors, the jurisdiction failed to make a good faith effort to implement its source reduction and recycling element or household hazardous waste element. After issuing an order of compliance, existing law authorizes the department to impose administrative civil penalties upon that jurisdiction, as provided.
2638
2739 This bill would require the department to consider whether the jurisdiction has implemented a dual stream recycling program, as defined, when considering if the jurisdiction has made a good faith effort to implement its source reduction and recycling element or household hazardous waste element.
2840
2941 ## Digest Key
3042
3143 ## Bill Text
3244
3345 The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The solid waste industry and local governments began using single stream recycling in the 1990s, in which paper, plastic, glass, aluminum, and cardboard are collected together in a single recycling bin.(2) When it began, single stream recycling focused on ease of collection and boosted diversion rates.(3) Global markets for single stream material have historically been strong, regardless of the quality and usability of the single stream material.(4) In February 2017, China announced its National Sword policy to ban importation of 24 categories of scrap material, including low grade plastics and unsorted mixed paper, and setting strict contamination standards for other recyclable material.(5) According to the Department of Resources Recycling and Recovery (CalRecycle), prior to National Sword, approximately two-thirds of curbside collected recycled material was exported to foreign markets, with China receiving 62 percent of all exported recycled material.(6) According to the waste hauling industry, on average, 25 percent of collected recycled material is contaminated, with some communities reaching 50 percent.(7) High rates of contamination of recycled materials result in higher processing costs and make the use of recycled material more expensive than the use of virgin material.(8) With fewer end markets, contaminated recycled material is stockpiled and may eventually be landfilled.(9) To address the issue of contamination and to improve marketability of recycled material, some communities have adopted dual stream recycling collection programs.(b) It is the intent of the Legislature in enacting this measure to incentivize, but not require, communities and waste haulers to implement dual stream recycling programs.(c) It is not the intent of the Legislature in enacting this measure to authorize CalRecycle to withhold a good faith effort determination on the basis that a jurisdiction has not voluntarily implemented a dual stream recycling program.(d) It is not the intent of the Legislature in enacting this measure to encourage CalRecycle to bring enforcement actions against local governments that do not implement dual stream recycling programs.SEC. 2. Section 41825 of the Public Resources Code, as amended by Section 1 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.SEC. 3. Section 41825 of the Public Resources Code, as amended by Section 2 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall become operative on January 1, 2022.
3446
3547 The people of the State of California do enact as follows:
3648
3749 ## The people of the State of California do enact as follows:
3850
3951 SECTION 1. (a) The Legislature finds and declares all of the following:(1) The solid waste industry and local governments began using single stream recycling in the 1990s, in which paper, plastic, glass, aluminum, and cardboard are collected together in a single recycling bin.(2) When it began, single stream recycling focused on ease of collection and boosted diversion rates.(3) Global markets for single stream material have historically been strong, regardless of the quality and usability of the single stream material.(4) In February 2017, China announced its National Sword policy to ban importation of 24 categories of scrap material, including low grade plastics and unsorted mixed paper, and setting strict contamination standards for other recyclable material.(5) According to the Department of Resources Recycling and Recovery (CalRecycle), prior to National Sword, approximately two-thirds of curbside collected recycled material was exported to foreign markets, with China receiving 62 percent of all exported recycled material.(6) According to the waste hauling industry, on average, 25 percent of collected recycled material is contaminated, with some communities reaching 50 percent.(7) High rates of contamination of recycled materials result in higher processing costs and make the use of recycled material more expensive than the use of virgin material.(8) With fewer end markets, contaminated recycled material is stockpiled and may eventually be landfilled.(9) To address the issue of contamination and to improve marketability of recycled material, some communities have adopted dual stream recycling collection programs.(b) It is the intent of the Legislature in enacting this measure to incentivize, but not require, communities and waste haulers to implement dual stream recycling programs.(c) It is not the intent of the Legislature in enacting this measure to authorize CalRecycle to withhold a good faith effort determination on the basis that a jurisdiction has not voluntarily implemented a dual stream recycling program.(d) It is not the intent of the Legislature in enacting this measure to encourage CalRecycle to bring enforcement actions against local governments that do not implement dual stream recycling programs.
4052
4153 SECTION 1. (a) The Legislature finds and declares all of the following:(1) The solid waste industry and local governments began using single stream recycling in the 1990s, in which paper, plastic, glass, aluminum, and cardboard are collected together in a single recycling bin.(2) When it began, single stream recycling focused on ease of collection and boosted diversion rates.(3) Global markets for single stream material have historically been strong, regardless of the quality and usability of the single stream material.(4) In February 2017, China announced its National Sword policy to ban importation of 24 categories of scrap material, including low grade plastics and unsorted mixed paper, and setting strict contamination standards for other recyclable material.(5) According to the Department of Resources Recycling and Recovery (CalRecycle), prior to National Sword, approximately two-thirds of curbside collected recycled material was exported to foreign markets, with China receiving 62 percent of all exported recycled material.(6) According to the waste hauling industry, on average, 25 percent of collected recycled material is contaminated, with some communities reaching 50 percent.(7) High rates of contamination of recycled materials result in higher processing costs and make the use of recycled material more expensive than the use of virgin material.(8) With fewer end markets, contaminated recycled material is stockpiled and may eventually be landfilled.(9) To address the issue of contamination and to improve marketability of recycled material, some communities have adopted dual stream recycling collection programs.(b) It is the intent of the Legislature in enacting this measure to incentivize, but not require, communities and waste haulers to implement dual stream recycling programs.(c) It is not the intent of the Legislature in enacting this measure to authorize CalRecycle to withhold a good faith effort determination on the basis that a jurisdiction has not voluntarily implemented a dual stream recycling program.(d) It is not the intent of the Legislature in enacting this measure to encourage CalRecycle to bring enforcement actions against local governments that do not implement dual stream recycling programs.
4254
4355 SECTION 1. (a) The Legislature finds and declares all of the following:
4456
4557 ### SECTION 1.
4658
4759 (1) The solid waste industry and local governments began using single stream recycling in the 1990s, in which paper, plastic, glass, aluminum, and cardboard are collected together in a single recycling bin.
4860
4961 (2) When it began, single stream recycling focused on ease of collection and boosted diversion rates.
5062
5163 (3) Global markets for single stream material have historically been strong, regardless of the quality and usability of the single stream material.
5264
5365 (4) In February 2017, China announced its National Sword policy to ban importation of 24 categories of scrap material, including low grade plastics and unsorted mixed paper, and setting strict contamination standards for other recyclable material.
5466
5567 (5) According to the Department of Resources Recycling and Recovery (CalRecycle), prior to National Sword, approximately two-thirds of curbside collected recycled material was exported to foreign markets, with China receiving 62 percent of all exported recycled material.
5668
5769 (6) According to the waste hauling industry, on average, 25 percent of collected recycled material is contaminated, with some communities reaching 50 percent.
5870
5971 (7) High rates of contamination of recycled materials result in higher processing costs and make the use of recycled material more expensive than the use of virgin material.
6072
6173 (8) With fewer end markets, contaminated recycled material is stockpiled and may eventually be landfilled.
6274
6375 (9) To address the issue of contamination and to improve marketability of recycled material, some communities have adopted dual stream recycling collection programs.
6476
6577 (b) It is the intent of the Legislature in enacting this measure to incentivize, but not require, communities and waste haulers to implement dual stream recycling programs.
6678
6779 (c) It is not the intent of the Legislature in enacting this measure to authorize CalRecycle to withhold a good faith effort determination on the basis that a jurisdiction has not voluntarily implemented a dual stream recycling program.
6880
6981 (d) It is not the intent of the Legislature in enacting this measure to encourage CalRecycle to bring enforcement actions against local governments that do not implement dual stream recycling programs.
7082
7183 SEC. 2. Section 41825 of the Public Resources Code, as amended by Section 1 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
7284
7385 SEC. 2. Section 41825 of the Public Resources Code, as amended by Section 1 of Chapter 155 of the Statutes of 2017, is amended to read:
7486
7587 ### SEC. 2.
7688
7789 41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
7890
7991 41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
8092
8193 41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:(1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.(4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).(5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
8294
8395
8496
8597 41825. (a) Using the information in the report submitted to the department by the jurisdiction pursuant to Section 41821 and any other relevant information, the department shall make a finding whether each jurisdiction was in compliance with Section 41780 for calendar year 2006 and shall review a jurisdictions compliance with Section 41780 in accordance with the following schedule:
8698
8799 (1) If the department makes a finding that the jurisdiction was in compliance with Section 41780 for calendar year 2006, the department shall review, commencing January 1, 2012, and at least once every four years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.
88100
89101 (2) If the department makes a finding that the jurisdiction made a good faith effort to implement its source reduction and recycling element and household hazardous waste element, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.
90102
91103 (3) If the department makes a finding that the jurisdiction was not in compliance with Section 41780 for calendar year 2006 or for any subsequent calendar year, the department shall review, commencing January 1, 2010, and at least once every two years thereafter, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element.
92104
93105 (4) If, after determining that a jurisdiction is subject to paragraph (2), or, if, after determining that a jurisdiction is not in compliance with Section 41780 and is subject to paragraph (3), the department subsequently determines that the jurisdiction has come into compliance with Section 41780, the department shall review, at least once every four years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (1).
94106
95107 (5) If, after determining that a jurisdiction is in compliance with Section 41780 and is subject to paragraph (1), the department subsequently determines that the jurisdiction is not in compliance with Section 41780, the department shall review, at least once every two years, whether the jurisdiction has implemented its source reduction and recycling element and household hazardous waste element in the same manner as a jurisdiction that is subject to paragraph (2) or (3).
96108
97109 (b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
98110
99111 (c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
100112
101113 (2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
102114
103115 (A) The proposed basis for issuing an order of compliance.
104116
105117 (B) The proposed actions the department recommends are necessary for the jurisdiction to complete to implement its source reduction and recycling element or household hazardous waste element.
106118
107119 (C) The proposed recommendations to the department.
108120
109121 (3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821 if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.
110122
111123 (d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
112124
113125 (2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.
114126
115127 (3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider both of the following factors in determining whether or not to issue a compliance order:
116128
117129 (A) Whether an exceptional growth rate may have affected compliance.
118130
119131 (B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.
120132
121133 (e) For purposes of making a determination pursuant to this section whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
122134
123135 (1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
124136
125137 (2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.
126138
127139 (3) In determining whether a jurisdiction has made a good faith effort, the department shall consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
128140
129141 (4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
130142
131143 (A) Natural disasters.
132144
133145 (B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
134146
135147 (C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
136148
137149 (D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
138150
139151 (E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
140152
141153 (F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
142154
143155 (G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
144156
145157 (H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
146158
147159 (I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.
148160
149161 (5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
150162
151163 (f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
152164
153165 SEC. 3. Section 41825 of the Public Resources Code, as amended by Section 2 of Chapter 155 of the Statutes of 2017, is amended to read:41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall become operative on January 1, 2022.
154166
155167 SEC. 3. Section 41825 of the Public Resources Code, as amended by Section 2 of Chapter 155 of the Statutes of 2017, is amended to read:
156168
157169 ### SEC. 3.
158170
159171 41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall become operative on January 1, 2022.
160172
161173 41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall become operative on January 1, 2022.
162174
163175 41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.(b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.(c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.(2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:(A) The proposed basis for issuing an order of compliance.(B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.(C) The proposed recommendations to the department.(3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.(d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.(2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.(3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:(A) Whether an exceptional growth rate may have affected compliance.(B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.(e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:(1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.(2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.(3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.(4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:(A) Natural disasters.(B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.(C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.(D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.(E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.(F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.(G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.(H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.(I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.(5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.(f) This section shall become operative on January 1, 2022.
164176
165177
166178
167179 41825. (a) At least once every two years, the department shall review each jurisdictions source reduction and recycling element and household hazardous waste element for compliance with Section 41780.
168180
169181 (b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element.
170182
171183 (c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance.
172184
173185 (2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following:
174186
175187 (A) The proposed basis for issuing an order of compliance.
176188
177189 (B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element.
178190
179191 (C) The proposed recommendations to the department.
180192
181193 (3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdictions calculation of annual disposal.
182194
183195 (d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agencys jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance.
184196
185197 (2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs.
186198
187199 (3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order:
188200
189201 (A) Whether an exceptional growth rate may have affected compliance.
190202
191203 (B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdictions programs, such as disposal characterization studies or other jurisdiction specific information.
192204
193205 (e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria:
194206
195207 (1) For the purposes of this section, good faith effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results.
196208
197209 (2) For purposes of this section, good faith effort may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdictions source reduction and recycling element or household hazardous waste element.
198210
199211 (3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended.
200212
201213 (4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element:
202214
203215 (A) Natural disasters.
204216
205217 (B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees.
206218
207219 (C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element.
208220
209221 (D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction.
210222
211223 (E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities.
212224
213225 (F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change.
214226
215227 (G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.
216228
217229 (H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate.
218230
219231 (I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, dual stream recycling program means a program in which fiber materials to be collected for recycling must be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers.
220232
221233 (5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdictions per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdictions per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element.
222234
223235 (f) This section shall become operative on January 1, 2022.