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AB-1789 Solid waste: diversion requirements.(2009-2010)



Current Version: 02/10/10 - Introduced

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AB1789:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1789

Introduced  by  Assembly Member Gilmore

February 10, 2010

An act to amend Section 41787 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1789, as introduced, Gilmore. Solid waste: diversion requirements.
Existing law authorizes the Department of Resources Recycling and Recovery to reduce the diversion requirements for rural cities and counties if the rural city or county demonstrates, and the department concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to 2 specified conditions.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 41787 of the Public Resources Code is amended to read:

41787.
 (a) (1) The board Department of Resources Recycling and Recovery may reduce the diversion requirements of Section 41780 for a rural city if the rural city demonstrates, and the board department concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions:
(A) The small geographic size or low population density of the rural city.
(B) The small quantity of solid waste generated within the rural city.
(2) The board department may reduce the diversion requirements of Section 41780 for the unincorporated area of a rural county if the rural county demonstrates, and the board department concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions:
(A) The large geographic size or low population density of the rural county.
(B) The small quantity of solid waste generated within the rural county.
(3) The board department may grant a reduction in diversion requirements pursuant to this subdivision only if the rural city or the rural county demonstrates to the board department, and the board department concurs, based on substantial evidence in the record, that it has, at a minimum, implemented all of the following programs:
(A) A source reduction and recycling program designed to handle the predominant classes and types of solid waste generated within the rural city or rural county.
(B) A public sector diversion and procurement program.
(C) A public information and education program.
(b) If, as part of the review performed pursuant to Section 41825, the board department finds that a rural city or a rural county, which previously qualified for a reduction in diversion requirements pursuant to subdivision (a), is no longer eligible for that reduction, the board department shall issue an order requiring the rural city or rural county to comply with the diversion requirements of Section 41780.