Solid waste: recycling: diversion: green materials.

(1) The existing 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 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. Under the act, the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including the use of alternative daily cover, constitutes diversion through recycling and is not considered disposal. This bill would require the department to adopt regulations to provide that, on and after January 1, 2020, the use of green material as alternative daily cover or alternative intermediate cover does not constitute diversion through recycling and would be considered disposal for purposes of the act. The bill would authorize the department to delay the effective date of this requirement, as specified. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the diversion of solid waste. This bill would require the department, by January 1, 2014, to conduct an analysis of the use of residual fines from material recovery facilities and materials left over from the composting process for use as alternative daily cover and other forms of beneficial use in the design and operation of a solid waste landfill. The bill would require the department to adopt regulations, by July 1, 2014, based on this analysis, if the department makes a specified determination that residual fines from material recovery facilities and materials left over from the composting process would serve as adequate daily cover. (2) The act requires rigid plastic packaging containers that are sold or offered for sale in this state to meet, on average, one of specified criteria and defines terms for purposes of those requirements. One of those criteria that a rigid plastic packaging container may meet to satisfy this requirement is that the container be source reduced. The act provides for the enforcement of these requirements by the Department of Resources Recycling and Recovery and provides that an entity making a false certification pursuant to those requirements is subject to a violation for fraud. This bill would revise the definitions of the various terms used in the those requirements, including revising the definition of the term "source reduced" to impose new requirements, thereby imposing a state-mandated local program by changing the definition of a crime. (3) The act requires a business, which is defined as a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more, to arrange for recycling services. Existing law also requires jurisdictions to implement a commercial solid waste recycling program meeting specified elements. Existing law defines the term "commercial solid waste" by reference to a specified regulation. This bill would instead define commercial solid waste in statute to include all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of 5 or more units, thereby imposing a state-mandated local program by imposing new requirements upon local jurisdictions. The bill would define the term "large-quantity commercial organics generator" as a business that generates significant amounts of organic waste, including food waste and green material, that is traditionally disposed of in a solid waste landfill, as determined by the department. The bill would require the department to adopt, by January 1, 2017, regulations to require a large-quantity commercial organics generator to arrange for separate organics collection and recycling services, except as specified. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the commercial solid waste program required to be implemented by local agencies. (4) The act requires the department to adopt regulations setting forth standards for solid waste handling. A violation of the provisions regulating solid waste facilities is a crime. This bill would require a solid waste facility that accepts solid waste from the public or self-haulers to establish a separate collection area for segregated green material and nonhazardous woody material. The bill would prohibit the disposal of this material, but would allow its use for beneficial reuse in the construction and operation of a solid waste landfill, including as alternative daily cover. Since a violation of this requirement would be a crime, the bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.