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SB-1542 Solid waste management: environmental justice.(2001-2002)

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SB1542:v92#DOCUMENT

Senate Bill No. 1542
CHAPTER 1003

An act to amend Sections 40912, 41701, and 71114 of the Public Resources Code, relating to solid waste.

[ Filed with Secretary of State  September 27, 2002. Approved by Governor  September 27, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1542, Escutia. Solid waste management: environmental justice.
(1) The existing California Integrated Waste Management Act of 1989 requires the California Integrated Waste Management Board to develop a model countywide or regional siting element and a model countywide or regional agency integrated waste management plan that will establish prototypes of the content and format that counties or regional agencies may use in meeting the requirements of the act.
This bill would require the board, on or before April 1, 2003, and using existing resources, to provide local jurisdictions and private businesses with information and models to assist with consideration of environmental justice concerns, as defined, when complying with certain requirements relating to development and revision of countywide siting elements for solid waste disposal facilities.
The bill would require that countywide siting elements submitted or revised on or after January 1, 2003, include a description of the actions taken by the city or county to solicit public participation by the affected communities, including, but not limited to, minority and low-income populations. To the extent that this requirement would impose additional duties upon local governments, the bill would establish a state-mandated local program.
(2) Existing law requires the Secretary for Environmental Protection to convene an advisory group to assist a specified working group established under existing law, by providing recommendations and information to, and serving as a resource for, the working group. The secretary is required to appoint members to the advisory group according to certain categories.
This bill would revise the appointment categories to include an additional representative from a small business, a representative from a federally recognized Indian tribe, and two representatives from environmental justice organizations. (3) 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.

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


SECTION 1.

 Section 40912 of the Public Resources Code is amended to read:

40912.
 (a) The board shall develop a model countywide or regional siting element and a model countywide or regional agency integrated waste management plan that will establish prototypes of the content and format that counties or regional agencies may use in meeting the requirements of this part.
(b) On or before July 1, 2001, the board shall develop a model revised source reduction and recycling element that will establish prototypes of the content and format of that element that cities, counties, regional agencies, or a city and county may use in meeting the requirements of this part.
(c) The board shall adopt a program to provide assistance to cities, counties, regional agencies, or a city and county in the development and implementation of source reduction programs. The program shall include, but not be limited to, the following:
(1) The development of model source reduction programs and strategies that may be used at the local and regional level.
(2) Ongoing analysis of public and private sector source reduction programs that may be provided to cities, counties, regional agencies, and a city and county in order to assist them in complying with Article 3 (commencing with Section 41050) of Chapter 2 and Article 3 (commencing with Section 41350) of Chapter 3.
(3) Assistance to cities, counties, regional agencies, and a city and county in the development of source reduction programs for commercial and industrial generators of solid waste that include the development of source reduction strategies designed for specific types of commercial and industrial generators.
(d) The board shall, to the maximum extent feasible, utilizing existing resources, provide local jurisdictions and private businesses with information, tools, and mathematical models to assist with meeting or exceeding the 50-percent diversion requirement pursuant to Section 41780. The board shall act as a solid waste information clearinghouse.
(e) (1) On or before April 1, 2003, and using existing resources, the board shall provide local jurisdictions and private businesses with information and models to assist with consideration of environmental justice concerns when complying with Section 41701.
(2) For the purposes of this subdivision, “environmental justice” has the meaning defined in subdivision (e) of Section 65040.12 of the Government Code.

SEC. 2.

 Section 41701 of the Public Resources Code is amended to read:

41701.
 Each countywide siting element and revision thereto shall include, but is not limited to, all of the following:
(a) A statement of goals and policies for the environmentally safe transformation or disposal of solid waste that cannot be reduced, recycled, or composted.
(b) An estimate of the total transformation or disposal capacity in cubic yards that will be needed for a 15-year period to safely handle solid wastes generated with the county that cannot be reduced, recycled, or composted.
(c) The remaining combined capacity of existing solid waste transformation or disposal facilities existing at the time of the preparation of the siting element, or revision thereto, in cubic yards and years.
(d) The identification of an area or areas for the location of new solid waste transformation or disposal facilities, or the expansion of existing facilities, that are consistent with the applicable city or county general plan, if the county determines that existing capacity will be exhausted within 15 years or additional capacity is desired.
(e) For countywide elements submitted or revised on or after January 1, 2003, a description of the actions taken by the city or county to solicit public participation by the affected communities, including, but not limited to, minority and low-income populations.

SEC. 3.

 Section 71114 of the Public Resources Code is amended to read:

71114.
 (a) The Secretary for Environmental Protection shall, on or before January 1, 2002, convene an advisory group to assist the working group described in Section 71113 by providing recommendations and information to, and serving as a resource for, the working group. The Secretary for Environmental Protection shall appoint members to the advisory group according to the following categories:
(1) Two representatives of local or regional land use planning agencies.
(2) Two representatives from air pollution control districts or air quality management districts.
(3) Two representatives from certified unified program agencies (CUPAs).
(4) Two representatives from environmental organizations.
(5) Four representatives from the business community, two from a small business and two from a large business, except that three of these representatives may be from an association that represents small or large businesses, and at least one of the small business representatives shall be from an association that represents small businesses. As used in this paragraph, “small business” has the meaning given that term by subdivision (c) of Section 1028.5 of the Code of Civil Procedure, and a large business is any business other than a small business.
(6) Two representatives from community organizations.
(7) One representative from a federally recognized Indian tribe.
(8) Two representatives from environmental justice organizations.
(b) The advisory group may form subcommittees to address specific types of environmental program areas. The California Environmental Protection Agency shall provide a reasonable per diem for attendance at advisory committee meetings by advisory committee members from nonprofit organizations.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.