Waste reduction: undiverted materials.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, as defined. Existing law authorizes each county, city, district, or other local governmental agency to determine aspects of solid waste handling that are of local concern and whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise. The act requires a city, county, or city and county, or regional agency formed under the act, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. The act requires those jurisdictions to divert 50% of the solid waste subject to the element, except as specified, through source reduction, recycling, and composting activities. This bill would prohibit an exclusive franchise, contract, license, or permit to provide services for diversion from exceeding the services required to be performed and actually performed under the exclusive authorization. The bill would require a person who provides services for diversion by means other than a franchise, contract, license, or permit, to comply with applicable law, as specified. The bill would, if certain programs are not offered through a local ordinance or a local jurisdiction's franchise agreement, authorize other persons to collect, transport, and process undiscarded organic material from nonresidential customers, as specified. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.