CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1191Introduced by Senator DahleFebruary 20, 2020 An act to add Section 42652.7 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 1191, as introduced, Dahle. Organic waste: reduction goals: local jurisdictions: noncompliance and penalties. Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40%. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. Existing law requires, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills. This bill would require the department, in determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to those provisions, or in determining the amount of any penalties imposed pursuant to those provisions, to consider specified information, including whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program and whether any of specified factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with those provisions, as provided.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. Section 42652.7 is added to the Public Resources Code, to read:42652.7. In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:(A) Natural disasters.(B) Budgetary constraints.(C) Work stoppages.(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.(E) The availability of markets for collected organic waste recyclables.(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.(H) The median household income of households within the local jurisdiction.(2) For purposes of this subdivision, good faith effort means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.(b) Whether any of the following factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:(1) Whether an exceptional growth rate may have affected compliance.(2) Whether the local jurisdiction has a large tourist or seasonal population.(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.(4) Other information presented by the local jurisdiction that may provide reasonable justification.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1191Introduced by Senator DahleFebruary 20, 2020 An act to add Section 42652.7 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 1191, as introduced, Dahle. Organic waste: reduction goals: local jurisdictions: noncompliance and penalties. Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40%. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. Existing law requires, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills. This bill would require the department, in determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to those provisions, or in determining the amount of any penalties imposed pursuant to those provisions, to consider specified information, including whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program and whether any of specified factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with those provisions, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 1191
Introduced by Senator DahleFebruary 20, 2020
Introduced by Senator Dahle
February 20, 2020
An act to add Section 42652.7 to the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1191, as introduced, Dahle. Organic waste: reduction goals: local jurisdictions: noncompliance and penalties.
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40%. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. Existing law requires, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills. This bill would require the department, in determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to those provisions, or in determining the amount of any penalties imposed pursuant to those provisions, to consider specified information, including whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program and whether any of specified factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with those provisions, as provided.
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40%. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics.
Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. Existing law requires, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills.
This bill would require the department, in determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to those provisions, or in determining the amount of any penalties imposed pursuant to those provisions, to consider specified information, including whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program and whether any of specified factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with those provisions, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 42652.7 is added to the Public Resources Code, to read:42652.7. In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:(A) Natural disasters.(B) Budgetary constraints.(C) Work stoppages.(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.(E) The availability of markets for collected organic waste recyclables.(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.(H) The median household income of households within the local jurisdiction.(2) For purposes of this subdivision, good faith effort means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.(b) Whether any of the following factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:(1) Whether an exceptional growth rate may have affected compliance.(2) Whether the local jurisdiction has a large tourist or seasonal population.(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.(4) Other information presented by the local jurisdiction that may provide reasonable justification.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 42652.7 is added to the Public Resources Code, to read:42652.7. In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:(A) Natural disasters.(B) Budgetary constraints.(C) Work stoppages.(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.(E) The availability of markets for collected organic waste recyclables.(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.(H) The median household income of households within the local jurisdiction.(2) For purposes of this subdivision, good faith effort means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.(b) Whether any of the following factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:(1) Whether an exceptional growth rate may have affected compliance.(2) Whether the local jurisdiction has a large tourist or seasonal population.(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.(4) Other information presented by the local jurisdiction that may provide reasonable justification.
SECTION 1. Section 42652.7 is added to the Public Resources Code, to read:
### SECTION 1.
42652.7. In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:(A) Natural disasters.(B) Budgetary constraints.(C) Work stoppages.(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.(E) The availability of markets for collected organic waste recyclables.(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.(H) The median household income of households within the local jurisdiction.(2) For purposes of this subdivision, good faith effort means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.(b) Whether any of the following factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:(1) Whether an exceptional growth rate may have affected compliance.(2) Whether the local jurisdiction has a large tourist or seasonal population.(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.(4) Other information presented by the local jurisdiction that may provide reasonable justification.
42652.7. In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:(A) Natural disasters.(B) Budgetary constraints.(C) Work stoppages.(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.(E) The availability of markets for collected organic waste recyclables.(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.(H) The median household income of households within the local jurisdiction.(2) For purposes of this subdivision, good faith effort means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.(b) Whether any of the following factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:(1) Whether an exceptional growth rate may have affected compliance.(2) Whether the local jurisdiction has a large tourist or seasonal population.(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.(4) Other information presented by the local jurisdiction that may provide reasonable justification.
42652.7. In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:(A) Natural disasters.(B) Budgetary constraints.(C) Work stoppages.(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.(E) The availability of markets for collected organic waste recyclables.(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.(H) The median household income of households within the local jurisdiction.(2) For purposes of this subdivision, good faith effort means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.(b) Whether any of the following factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:(1) Whether an exceptional growth rate may have affected compliance.(2) Whether the local jurisdiction has a large tourist or seasonal population.(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.(4) Other information presented by the local jurisdiction that may provide reasonable justification.
42652.7. In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:
(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:
(A) Natural disasters.
(B) Budgetary constraints.
(C) Work stoppages.
(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.
(E) The availability of markets for collected organic waste recyclables.
(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.
(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.
(H) The median household income of households within the local jurisdiction.
(2) For purposes of this subdivision, good faith effort means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.
(b) Whether any of the following factors affected the local jurisdictions ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:
(1) Whether an exceptional growth rate may have affected compliance.
(2) Whether the local jurisdiction has a large tourist or seasonal population.
(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.
(4) Other information presented by the local jurisdiction that may provide reasonable justification.