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AB-1400 Mixed solid waste composting facility.(2001-2002)

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Assembly Bill No. 1400
CHAPTER 381

An act relating to solid waste.

[ Filed with Secretary of State  September 06, 2002. Approved by Governor  September 05, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1400, Cogdill. Mixed solid waste composting facility.
(1) Existing law, the California Integrated Waste Management Act of 1989, establishes an integrated waste management program administered by the California Integrated Waste Management Board. Under existing law, the act requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. On and after January 1, 2000, the element is required to divert 50% of the solid waste subject to the element, except as specified, through source reduction, recycling, and composting activities.
This bill would require the County of Mariposa, by July 1, 2003, to submit a report to the board concerning the county’s progress in funding, constructing, and operating a mixed solid waste composting facility in cooperation with Yosemite National Park, thereby imposing a state-mandated local program by imposing a new duty upon the county. (2) 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 a specified reason. (3) This bill would make these provisions inoperative on July 1, 2003, and would repeal them as of January 1, 2004.

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The County of Mariposa, in cooperation with Yosemite National Park, are working to find a viable solution to divert, from landfill disposal, 50 percent of the region’s generated solid waste, as required by the California Integrated Waste Management Act of 1989.
(b) The County of Mariposa and Yosemite National Park annually generate approximately 13,000 tons of mixed solid waste, 600 tons of biosolids, and 180,000 gallons of septage.
(c) The County of Mariposa and Yosemite National Park are proposing to secure a unique type of composting facility that would decompose mixed solid waste and would produce a dry, stable, and inert material.

SEC. 2.

 On or before July 1, 2003, the County of Mariposa shall submit a report to the California Integrated Waste Management Board concerning the county’s progress in funding, constructing, and operating a mixed solid waste composting facility in cooperation with Yosemite National Park. The report shall include, but need not be limited to, information regarding all of the following:
(a) Local, state, and federal requirements for the project, status of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and permits received.
(b) Technical and economic feasibility, and cost-effectiveness, of the project.
(c) Adverse environmental impacts of the project, and alternatives and mitigation measures for those impacts.
(d) Environmental and public policy benefits of the project, including, but not limited to, landfill avoidance, pollution prevention, and sustainability, including, but not limited to, information regarding whether the project is the most economical and environmentally sound method to divert 50 percent of all solid waste from landfill or transformation through source reduction, recycling, and composting, as required under paragraph (2) of subdivision (a) of Section 41780 of the Public Resources Code, and to exceed that requirement pursuant to subdivision (b) of Section 41780 of the Public Resources Code.
(e) Programs and projects to ensure that noncompostable materials will be properly reduced, reused, and recycled.
(f) Mariposa County and Yosemite National Park education programs for diverting solid waste from landfills.

SEC. 3.

 This act shall become inoperative on July 1, 2003, and, as of January 1, 2004, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2004, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.