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AB-1288 Solid waste: management: funding.(2017-2018)

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Date Published: 05/01/2017 09:00 PM
AB1288:v97#DOCUMENT

Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1288


Introduced by Assembly Member Eggman
(Principal coauthor: Assembly Member McCarty)

February 17, 2017


An act to amend Sections 42652.5, 48000, 48001, and 48004 of the Public Resources Code, relating to solid waste: management: funding. waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1288, as amended, Eggman. Solid waste: charges. management: funding.
(1) Existing law requires the State Air Resources Board, no later than January 1, 2018, to approve and begin implementing a comprehensive short-lived climate pollutant strategy to reduce statewide emissions of specified pollutants, including reducing methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets for reducing organic waste in landfills. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills.
This bill would require the department, in adopting those regulations, to conduct at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including, but not limited to, existing public and private funding models and opportunities for new statewide funding sources.
(2) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act requires the operator of a disposal facility to pay to the State Board of Equalization a fee based on the amount of all solid waste disposed of at each disposal site. The act requires the department to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.
This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 42652.5 of the Public Resources Code is amended to read:

42652.5.
 (a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(3) Shall not establish a numeric organic waste disposal limit for individual landfills.
(4) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction.
(5) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(6) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section.
(c) In adopting the regulations pursuant to subdivision (a), the department shall conduct at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including, but not limited to, existing public and private funding models and opportunities for new statewide funding sources.

SEC. 2.

 Section 48000 of the Public Resources Code is amended to read:

48000.
 (a) Each operator of a disposal facility shall pay a fee quarterly to the state board that is based on the amount, by weight or volumetric equivalent, as determined by the department, of all solid waste disposed of at each disposal site.
(b) (1) The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 1995–96 fiscal year, the amount of the fee shall be established by the department at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton.
(2) On and after July 1, 2012, the amount of the fee established by the department pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill whose owner has notified the department that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to Article 2.1 (commencing with Section 48010).
(c) The department shall notify the state board on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to paragraphs (1) and (2) of subdivision (b).
(d) The department and the state board shall ensure that all of the fees for solid waste imposed pursuant to this section that are collected at a transfer station are paid to the state board in accordance with this article.
(e) (1) The fee imposed by paragraph (2) of subdivision (b) shall not be operative on or after July 1, 2012, unless the department receives, on or before January 1, 2012, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill owners representing at least 50 percent of the total volume of waste disposed of in 2010.
(2) The department shall notify the state board, on or before February 29, 2012, if the fee imposed by paragraph (2) of subdivision (b) shall become operative pursuant to paragraph (1).

SEC. 3.Section 48001 of the Public Resources Code is amended to read:
48001.

(a)The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.

(b)The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.

SEC. 4.SEC. 3.

 Section 48004 of the Public Resources Code is amended to read:

48004.
 (a) The money in the account shall be used by the department, upon appropriation by the Legislature, for the following purposes:
(1) The administration and implementation of this division by the department, including a prudent reserve.
(2) The state water board’s and regional water boards’ administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.
(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.
(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the department.