Planning RequirementsWaste Diversion

Section § 41780

Explanation

This law requires each area to have a plan showing how they will reduce and recycle waste. Initially, they need to cut down 25% of waste by 1995 through activities like recycling and composting. From 2000 onward, they must reduce 50% of their waste. The law also allows areas to exceed these recycling and waste reduction goals if they wish.

(a)CA Public Resources Code § 41780(a) Each jurisdiction’s source reduction and recycling element shall include an implementation schedule that shows both of the following:
(1)CA Public Resources Code § 41780(a)(1) For the initial element, the jurisdiction shall divert 25 percent of all solid waste by January 1, 1995, through source reduction, recycling, and composting activities.
(2)CA Public Resources Code § 41780(a)(2) For the first and each subsequent revision of the element, the jurisdiction shall divert 50 percent of all solid waste on and after January 1, 2000, through source reduction, recycling, and composting activities.
(b)CA Public Resources Code § 41780(b) This section does not prohibit a jurisdiction from implementing source reduction, recycling, and composting activities designed to exceed the requirements of this division.
source reduction recycling element waste diversion goals ...

Section § 41780.01

Explanation

This law sets a goal for California to reduce, recycle, or compost at least 75% of its solid waste each year, starting in 2020. However, it also specifies that while aiming for this target, the state cannot impose a waste diversion rate higher than 50% on individual cities or counties.

(a)CA Public Resources Code § 41780.01(a) The Legislature hereby declares that it is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter.
(b)CA Public Resources Code § 41780.01(b) Notwithstanding subdivision (a), the department shall not establish or enforce a diversion rate on a city or county that is greater than the 50 percent diversion rate established pursuant to Section 41780.
solid waste reduction recycling goals composting targets ...

Section § 41780.1

Explanation

This law explains how regional agencies, cities, and counties in California should calculate the amount of solid waste they need to reduce, recycle, or compost to meet recycling goals. Basically, each regional agency or city/county should use their own solid waste disposal plans to project the amount they must divert from landfills. They must follow a specific method to determine how much waste they can dispose of and still meet their waste diversion targets.

If targets need to be met in 1995 and 2000, the projections should be adjusted for changes in population and other factors affecting waste, according to guidelines developed by the state board. Finally, regional agencies need to sum up the waste diversion targets of all their member agencies to meet their overall goal.

(a)CA Public Resources Code § 41780.1(a) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste that a regional agency is required to divert from disposal or transformation through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the regional agency shall use the solid waste disposal projections in the source reduction and recycling elements of the regional agency’s member agencies. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780.
(b)CA Public Resources Code § 41780.1(b) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste that a city or county is required to divert from disposal or transformation through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the city or county shall use the solid waste disposal projections in the source reduction and recycling elements of the city or county. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780.
(c)CA Public Resources Code § 41780.1(c) To determine achievement of the diversion requirements of Section 41780 in 1995 and in the year 2000, projections of disposal amounts from the source reduction and recycling elements shall be adjusted to reflect annual increases or decreases in population and other factors affecting the waste stream, as determined by the board. By January 1, 1994, the board shall study the factors which affect the generation and disposal of solid waste and shall develop a standard methodology and guidelines to be used by cities, counties, and regional agencies in adjusting disposal projections as required by this section.
(d)CA Public Resources Code § 41780.1(d) The amount of additional diversion required to be achieved by a regional agency to meet the diversion requirements of Section 41780 shall be equal to the sum of the diversion requirements of its member agencies. To determine the maximum amount of disposal allowable for the regional agency to meet the diversion requirements of Section 41780, the maximum amount of disposal allowable for each member agency shall be added together to yield the agency disposable maximum.
solid waste diversion source reduction recycling plans ...

Section § 41780.2

Explanation

This law explains how cities, counties, or member agencies in California should calculate how much they need to reduce their solid waste disposal. It provides a step-by-step method to determine the maximum and minimum amounts of waste that can be disposed of in 1995 and 2000.

Essentially, it requires these entities to look at past data on waste generation, adjust it with certain calculations, and then use specific percentages (like 75%, 50%, and 25%) to figure out how much waste they are allowed to dispose of or must divert in those years.

The overall aim is to help them meet legal goals for reducing waste, which in turn helps the environment. Any additional reduction needed is calculated by subtracting the current diversion amounts from these minimum required amounts.

(a)CA Public Resources Code § 41780.2(a) Each city, county, or member agency of a regional agency shall determine the amount of reduction in solid waste disposal and the amount of additional diversion required from the base-year amounts by using the methods set forth in this section.
(b)CA Public Resources Code § 41780.2(b) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.75 to determine the maximum amount of total disposal allowable in 1995 to meet the diversion requirements of Section 41780.
(c)CA Public Resources Code § 41780.2(c) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to determine the maximum amount of total disposal allowable in the year 2000 to meet the diversion requirements of Section 41780.
(d)CA Public Resources Code § 41780.2(d) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.25 to determine the minimum amount of total diversion needed in the year 1995 to meet the diversion requirements of Section 41780.
(e)CA Public Resources Code § 41780.2(e) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to determine the minimum amount of total diversion needed in the year 2000 to meet the diversion requirements of Section 41780.
(f)CA Public Resources Code § 41780.2(f) The city, county, or member agency of a regional agency shall subtract the total amount of base-year existing diversion from the minimum total diversion required as determined in subdivision (d) or (e) to determine the amount of additional diversion needed to meet the diversion requirements of Section 41780. This amount of additional diversion shall be equal to the minimum amount of additional reduction in disposal amounts which is needed to comply with Section 41780.
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Section § 41780.05

Explanation

This law focuses on how California assesses whether different areas (jurisdictions) are meeting waste reduction goals. From 2009, the state checks if a jurisdiction's waste disposal amount per person (per capita disposal rate) has improved since 2007, to ensure compliance with specific waste reduction targets. The energy department uses these rates to evaluate if jurisdictions have put in enough effort to reduce waste by reusing and recycling materials, and household hazardous waste.

Jurisdictions that have waste primarily from businesses or industries might have their rates calculated differently, considering employment instead of population. If the usual calculations don't reflect real conditions, alternative methods can be used. Specific adjustments are made for regions like rural areas and newly formed cities, to ensure the rates accurately represent their contexts.

(a)CA Public Resources Code § 41780.05(a) After January 1, 2009, pursuant to the review authorized by Section 41825, the department shall determine each jurisdiction’s compliance with Section 41780 for the years commencing with January 1, 2007, by comparing each jurisdiction’s change in its per capita disposal rate in subsequent years with the equivalent per capita disposal rate that would have been necessary for the jurisdiction to meet the requirements of Section 41780 on January 1, 2007, as calculated pursuant to subdivisions (c) and (d).
(b)Copy CA Public Resources Code § 41780.05(b)
(1)Copy CA Public Resources Code § 41780.05(b)(1) For purposes of paragraph (5) of subdivision (e) of Section 41825, in making a determination whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider, but is not limited to the consideration of, the jurisdiction’s per capita disposal rate and whether the jurisdiction adequately implemented its diversion programs.
(2)CA Public Resources Code § 41780.05(b)(2) When determining whether a jurisdiction has made a good faith effort pursuant to Section 41825 to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider that an increase in the per capita disposal rate is the result of the amount of the jurisdiction’s disposal increasing faster than the jurisdiction’s growth. The department shall use this increase in the per capita disposal rate that is in excess of the equivalent per capita disposal rate as a factor in determining whether the department is required, pursuant to Section 41825, to more closely examine a jurisdiction’s program implementation efforts. This examination may indicate that a jurisdiction is required to expand existing programs or implement new programs, in accordance with the procedures specified in Article 4 (commencing with Section 41825) and in Article 5 (commencing with Section 41850).
(3)CA Public Resources Code § 41780.05(b)(3) When reviewing the level of program implementation pursuant to Sections 41825 and 41850, the department shall use, as a factor in determining compliance with Section 41780, the amount determined pursuant to subdivision (d) when comparing a jurisdiction’s per capita disposal rate in subsequent years.
(c)Copy CA Public Resources Code § 41780.05(c)
(1)Copy CA Public Resources Code § 41780.05(c)(1) (A) Except as otherwise provided in this subdivision, for purposes of this section, “per capita disposal” or “per capita disposal rate” means the total annual disposal, in pounds, from a jurisdiction divided by the total population in a jurisdiction, as reported by the Department of Finance, divided by 365 days.
(B)CA Public Resources Code § 41780.05(c)(1)(B) “Per capita disposal” does not include used tires or waste tires, as defined in Article 1 (commencing with Section 42800) of Chapter 16 of Part 3, that are converted at an EMSW conversion facility.
(C)CA Public Resources Code § 41780.05(c)(1)(C) “Per capita disposal” does not include biomass material, as defined in subdivision (a) of Section 40106, that is converted at an EMSW conversion facility.
(2)Copy CA Public Resources Code § 41780.05(c)(2)
(A)Copy CA Public Resources Code § 41780.05(c)(2)(A) If a jurisdiction is predominated by commercial or industrial activities and by solid waste generation from those sources, the department may alternatively calculate per capita disposal to reflect those differing conditions.
(B)CA Public Resources Code § 41780.05(c)(2)(A)(B) When making a calculation for a jurisdiction subject to this paragraph, “per capita disposal” or “per capita disposal rate” means the total annual disposal, in pounds, from a jurisdiction divided by total industry employment in a jurisdiction, as reported by the Employment Development Department, divided by 365 days.
(C)CA Public Resources Code § 41780.05(c)(2)(A)(C) The department shall calculate the per capita disposal rate for a jurisdiction subject to this paragraph using the level of industry employment in a jurisdiction instead of the level of population in a jurisdiction.
(3)CA Public Resources Code § 41780.05(c)(3) If the department determines that the method for calculating the per capita disposal rate for a jurisdiction provided by paragraph (1) or (2) does not accurately reflect that jurisdiction’s disposal reduction, the department may use an alternative per capita factor, other than population or industry employment, to calculate the per capita disposal rate that more accurately reflects the jurisdiction’s efforts to divert solid waste.
(d)CA Public Resources Code § 41780.05(d) The department shall calculate the equivalent per capita disposal rate for each jurisdiction as follows:
(1)CA Public Resources Code § 41780.05(d)(1) Except as otherwise provided in this subdivision, the equivalent per capita disposal rate for a jurisdiction shall be determined using the method specified in this paragraph.
(A)CA Public Resources Code § 41780.05(d)(1)(A) The calculated generation tonnage for each year from 2003 to 2006, inclusive, shall be multiplied by 0.5 to yield the 50 percent equivalent disposal total for each year.
(B)CA Public Resources Code § 41780.05(d)(1)(B) The 50 percent equivalent disposal total for each year shall be multiplied by 2,000, divided by the population of the jurisdiction in that year, and then divided by 365 to yield the 50 percent equivalent per capita disposal for each year.
(C)CA Public Resources Code § 41780.05(d)(1)(C) The four 50 percent equivalent per capita disposal amounts from the years 2003 to 2006, inclusive, shall be averaged to yield the equivalent per capita disposal rate.
(2)CA Public Resources Code § 41780.05(d)(2) If a jurisdiction is predominated by commercial or industrial activities and by solid waste generation from those sources, the department may alternatively calculate the equivalent per capita disposal rate to reflect those conditions by using the level of industry employment in a jurisdiction instead of the level of population in that jurisdiction.
(3)CA Public Resources Code § 41780.05(d)(3) If the department determines that the method for calculating the equivalent per capita disposal rate for a jurisdiction pursuant to this subdivision does not accurately reflect a jurisdiction’s per capita disposal rate that would be equivalent to the amount required to meet the 50 percent diversion requirements of Section 41780, the department may use an alternative per capita factor, other than population or industry employment, to calculate the equivalent per capita disposal rate that more accurately reflects the jurisdiction’s diversion efforts.
(4)CA Public Resources Code § 41780.05(d)(4) The department shall modify the percentage used in paragraph (1) to maintain the diversion requirements approved by the department for a rural jurisdiction pursuant to Section 41787.
(5)CA Public Resources Code § 41780.05(d)(5) The department may modify the years included in making a calculation pursuant to this subdivision for an individual jurisdiction to eliminate years in which the calculated generation amount is shown not to be representative or accurate, based upon a generation study completed in one of the five years 2003 to 2007, inclusive. In these cases, the department shall not allow the use of an additional year other than 2003, 2004, 2005, 2006, or 2007.
(6)CA Public Resources Code § 41780.05(d)(6) The department may modify the method of calculating the equivalent per capita disposal rate for an individual jurisdiction to accommodate the incorporation of a new city, the formation of a new regional agency, or changes in membership of an existing regional agency. These modifications shall ensure that a new entity has a new equivalent per capita disposal rate and that the existing per capita disposal rate of an existing entity is adjusted to take into account the disposal amounts lost by the creation of the new entity.
(7)CA Public Resources Code § 41780.05(d)(7) The department shall not incorporate generation studies or new base year calculations for a year commencing after 2006 into the equivalent per capita disposal rate, unless a generation study that included the year 2007 was commenced on or before June 30, 2008.
(8)CA Public Resources Code § 41780.05(d)(8) If the department determines that the equivalent per capita disposal rate cannot accurately be determined for a jurisdiction, or that the rate is no longer representative of a jurisdiction’s waste stream, the department shall evaluate trends in the jurisdiction’s per capita disposal to establish a revised equivalent per capita disposal rate for that jurisdiction.
per capita disposal rate waste reduction jurisdiction compliance ...

Section § 41781

Explanation

This law explains how to calculate the base rate of solid waste for diversion purposes. It specifies that solid waste includes waste generated within a local jurisdiction and disposed of at permitted facilities as of January 1, 1990, as well as waste diverted through reduction, recycling, or composting. "Solid waste" does not count waste not typically disposed of at a disposal facility. The waste amount for required reductions is based on 1990 levels, adjusted only for population or business changes.

(a)CA Public Resources Code § 41781(a) Except as provided in Sections 41781.1, and 41781.2, for the purpose of determining the base rate of solid waste from which diversion requirements shall be calculated, “solid waste” includes only the following:
(1)CA Public Resources Code § 41781(a)(1) The amount of solid waste generated within a local agency’s jurisdiction, the types and quantities of which were disposed of at a permitted disposal facility as of January 1, 1990. Nothing in this section requires local agencies to perform waste characterization in addition to the waste characterization requirements established under Sections 41030, 41031, 41330, 41331, and 41332.
(2)CA Public Resources Code § 41781(a)(2) The amount of solid waste diverted from a disposal facility, transformation facility, or EMSW facility, through source reduction, recycling, or composting.
(b)CA Public Resources Code § 41781(b) For the purposes of this section, “solid waste” does not include solid waste that would not normally be disposed of at a disposal facility.
(c)CA Public Resources Code § 41781(c) For the purposes of this chapter, the amount of solid waste from which the required reductions are measured shall be the amount of solid waste existing on January 1, 1990, with future adjustments for increases or decreases in the quantity of waste caused only by changes in population or changes in the number or size of governmental, industrial, or commercial operations in the jurisdiction.
solid waste diversion base rate calculation local agency jurisdiction ...

Section § 41781.1

Explanation

This law outlines the process for allowing the counting of sludge diversion toward state recycling requirements. Before sludge can be counted, it must be confirmed at a public hearing that it doesn't threaten public health or the environment. This involves consulting multiple agencies about the sludge's safety, including water, health, air, and toxic substance agencies. These agencies must agree or issue permits that imply agreement. Additionally, ongoing monitoring must be established to ensure safety. The purpose of this section is to make sure all existing state and federal requirements are met without adding new ones, ensuring the safe reuse of sludge while protecting public health and the environment.

(a)CA Public Resources Code § 41781.1(a) Prior to determining that the diversion of sludge may be counted toward the diversion requirements established under Section 41780, but within 180 days of receiving such a request, the board shall do both of the following:
(1)CA Public Resources Code § 41781.1(a)(1) Make a finding at a public hearing, based upon substantial evidence, that the sludge has been adequately analyzed and will not pose a threat to public health or the environment for the reuse which is proposed.
(A)CA Public Resources Code § 41781.1(a)(1)(A) Except as provided in subparagraph (B), prior to making the finding required to be made pursuant to this paragraph, the board shall consult with each of the following agencies, and obtain their concurrence in the finding, to the extent of each agency’s jurisdiction over the sludge or its intended reuse:
(i)CA Public Resources Code § 41781.1(a)(1)(A)(i) The state water board and the regional water boards.
(ii)CA Public Resources Code § 41781.1(a)(1)(A)(ii) The State Department of Health Services.
(iii)CA Public Resources Code § 41781.1(a)(1)(A)(iii) The State Air Resources Board and air pollution control districts and air quality management districts.
(iv)CA Public Resources Code § 41781.1(a)(1)(A)(iv) The Department of Toxic Substances Control.
(B)CA Public Resources Code § 41781.1(a)(1)(B) If, prior to the board making the finding required to be made pursuant to this paragraph, an agency specified in subparagraph (A) issues a permit, waste discharge requirements, or imposes other conditions for the reuse of sludge, the agency shall have been deemed to have concurred in that finding.
(2)CA Public Resources Code § 41781.1(a)(2) Establish, or ensure that one or more of the agencies specified in subparagraph (A) of paragraph (1) establishes, ongoing monitoring requirements which ensure that the proposed sludge reuse does not pose a threat to health and safety or the environment.
(b)CA Public Resources Code § 41781.1(b) It is not the intent of this section to require the board, or the agencies listed in subparagraph (A) of paragraph (1) of subdivision (a), to impose additional requirements or approval procedures for sludge or sludge reuse applications, apart from the requirements and approval procedures already imposed by state and federal law. It is the intent of this section to require that the board determine that each sludge diversion, for which diversion credit is sought, meets all applicable requirements of state and federal law, and thereby provides for maximum protection of the public health and safety and the environment.
sludge diversion public health safety environmental protection ...

Section § 41781.2

Explanation

This law aims to guide cities, counties, and regional agencies on managing their waste diversion goals without needing to update their existing plans unless required. It focuses on ensuring diversion claims match the amount of waste that gets taken to disposal facilities.

It defines key terms related to waste management, including what counts as 'action' by governing bodies, 'scrap metal', 'inert solids', and 'agricultural wastes'. The law clarifies what is considered solid waste for diversion calculations and under what conditions waste types can be excluded, especially if they were diverted before 1990.

To meet diversion goals, agencies must demonstrate actions that specifically led to waste being diverted from disposal facilities. Furthermore, if additional data is needed for compliance, it can be submitted after initial plans are reviewed.

Moreover, the base amount of waste for diversion includes materials processed through biomass conversion if this method is part of their recycling strategy.

(a)Copy CA Public Resources Code § 41781.2(a)
(1)Copy CA Public Resources Code § 41781.2(a)(1) It is the intent of the Legislature in enacting this section not to require cities, counties, and regional agencies to revise source reduction and recycling elements prior to their submittal to the board for review and approval, except as the elements would otherwise be required to be revised by the board pursuant to this part. Pursuant to Sections 41801.5 and 41811.5, compliance with this section shall be determined by the board when source reduction and recycling elements are submitted to the board pursuant to Section 41791.5. However, any city or county may choose to revise its source reduction and recycling element or any of its components prior to board review of the source reduction and recycling element for the purpose of complying with this section.
(2)CA Public Resources Code § 41781.2(a)(2) It is further the intent of the Legislature in enacting this section to ensure that compliance with the diversion requirements of Section 41780 shall be accurately determined based upon a correlation between solid waste which was disposed of at permitted disposal facilities and diversion claims which are subsequently made for that solid waste.
(b)CA Public Resources Code § 41781.2(b) For the purposes of this section, the following terms have the following meaning:
(1)CA Public Resources Code § 41781.2(b)(1) “Action by a city, county, regional, or local governing body” means franchise or contract conditions, rate or fee schedules, zoning or land use decisions, disposal facility permit conditions, or activities by a waste hauler, recycler, or disposal facility operator acting on behalf of a city, county, regional agency, or local governing body, or other action by the local governing body if the local government action is specifically related to the claimed diversion.
(2)CA Public Resources Code § 41781.2(b)(2) “Scrap metal” includes ferrous metals, nonferrous metals, aluminum scrap, other metals, and auto bodies, but does not include aluminum cans, steel cans, or bimetal cans.
(3)CA Public Resources Code § 41781.2(b)(3) “Inert solids” includes rock, concrete, brick, sand, soil, fines, asphalt, and unsorted construction and demolition waste.
(4)CA Public Resources Code § 41781.2(b)(4) “Agricultural wastes” includes solid wastes of plant and animal origin, which result from the production and processing of farm or agricultural products, including manures, orchard and vineyard prunings, and crop residues, which are removed from the site of generation for solid waste management. Agriculture refers to SIC Codes 011 to 0291, inclusive.
(c)CA Public Resources Code § 41781.2(c) For purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated, “solid waste” does not include the diversion of agricultural wastes; inert solids, including inert solids used for structural fill; discarded, white-coated, major appliances; and scrap metals; unless all of the following criteria are met:
(1)CA Public Resources Code § 41781.2(c)(1) The city, county, or regional agency demonstrates that the material was diverted from a permitted disposal facility through an action by the city, county, or regional agency which specifically resulted in the diversion.
(2)CA Public Resources Code § 41781.2(c)(2) The city, county, or regional agency demonstrates that, prior to January 1, 1990, the solid waste which is claimed to have been diverted was disposed of at a permitted disposal facility in the quantity being claimed as diversion. If historical disposal data is not available, that demonstration may be based upon information available to the city, county, or regional agency which substantiates a reasonable estimate of disposal quantities which is as accurate as is feasible in the absence of historical disposal data.
(3)CA Public Resources Code § 41781.2(c)(3) The city, county, or regional agency is implementing, and will continue to implement, source reduction, recycling, and composting programs, as described in its source reduction and recycling element.
(d)CA Public Resources Code § 41781.2(d) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter includes the diversion of any of the wastes specified in subdivision (c) for years preceding the year commencing January 1, 1990, that diversion shall not apply to the diversion requirements of Section 41780, unless the criteria in subdivision (c) are met.
(e)CA Public Resources Code § 41781.2(e) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter does not contain information sufficient for the city, county, or regional agency to demonstrate to the board whether the criteria in subdivision (c) have been met, the city, county, or regional agency may provide additional information following board review of the source reduction and recycling element pursuant to Section 41791.5. In providing the additional information, Sections 41801.5 and 41811.5 shall apply.
(f)CA Public Resources Code § 41781.2(f) In demonstrating whether the requirements of paragraph (1) of subdivision (c) have been met, the city, county, or regional agency shall submit information to the board on local government programs which are specifically related to the claimed diversion.
(g)CA Public Resources Code § 41781.2(g) Notwithstanding any other provision of law, for purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated for a city, county, or regional agency which includes biomass conversion in its source reduction and recycling element pursuant to Section 41783.1, the base amount shall include those materials disposed of in the base year at biomass conversion facilities.
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Section § 41781.3

Explanation

This law section addresses the use of solid waste in landfills and recycling practices. It states that using solid waste for certain purposes in landfills, like alternative daily cover, generally counts as recycling and not disposal. However, starting January 1, 2020, using green material as landfill cover doesn't count as recycling – it's considered disposal. Local jurisdictions not meeting recycling goals because of this must report and address barriers to recycling green materials, including developing plans if needed. Additionally, there's no disposal fee for green material used as cover. Before new regulations are set, current conditions apply, and the state department provides guidance. This law doesn't change local authority on land use decisions.

(a)Copy CA Public Resources Code § 41781.3(a)
(1)Copy CA Public Resources Code § 41781.3(a)(1) Except as provided in paragraph (2), the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover, which reduces or eliminates the amount of solid waste being disposed pursuant to Section 40124, shall constitute diversion through recycling and shall not be considered disposal for purposes of this division.
(2)Copy CA Public Resources Code § 41781.3(a)(2)
(A)Copy CA Public Resources Code § 41781.3(a)(2)(A) Commencing January 1, 2020, the use of green material as alternative daily cover does not constitute diversion through recycling and shall be considered disposal for purposes of this division.
(B)CA Public Resources Code § 41781.3(a)(2)(A)(B) Commencing January 1, 2020, a local jurisdiction that, as a result of not being able to claim diversion for the use of green material as alternative daily cover, does not meet the requirements of Section 41780 shall, in the next annual report required pursuant to Section 41821, identify and address barriers to recycling green material and, if sufficient capacity at facilities that recycle green material is not expected to be operational before the jurisdiction’s next review pursuant to Section 41825, include a plan to address those barriers that are within the control of the local jurisdiction.
(C)CA Public Resources Code § 41781.3(a)(2)(A)(C) Commencing January 1, 2020, green material used as alternative daily cover at a solid waste landfill is not subject to the fee imposed on disposed solid waste pursuant to Section 48000.
(3)CA Public Resources Code § 41781.3(a)(3) Commencing August 1, 2018, a local jurisdiction shall include in the electronic annual report required pursuant to Section 41821 information on how the local jurisdiction intends to address the requirements of subparagraph (A) of paragraph (2) and divert green material that is being used as alternative daily cover.
(b)CA Public Resources Code § 41781.3(b) Before December 31, 1997, pursuant to the department’s authority to adopt rules and regulations pursuant to Section 40502, the department shall, by regulation, establish conditions for the use of alternative daily cover that are consistent with this division. In adopting the regulations, the department shall consider, but is not limited to consideration of, all of the following criteria:
(1)CA Public Resources Code § 41781.3(b)(1) Those conditions established in past policies adopted by the department affecting the use of alternative daily cover.
(2)CA Public Resources Code § 41781.3(b)(2) Those conditions necessary to provide for the continued economic development, economic viability, and employment opportunities provided by the composting industry in the state.
(3)CA Public Resources Code § 41781.3(b)(3) Those performance standards and limitations on maximum functional thickness necessary to ensure protection of public health and safety consistent with state minimum standards.
(c)CA Public Resources Code § 41781.3(c) Until the adoption of additional regulations, the use of alternative daily cover shall be governed by the conditions established by the department in its existing regulations set forth in paragraph (3) of subdivision (b) of, and paragraph (3) of subdivision (c) of, Section 18813 of Title 14 of the California Code of Regulations, as those sections read on January 1, 1997, and by the conditions established in the department’s policy adopted on January 25, 1995.
(d)CA Public Resources Code § 41781.3(d) In adopting rules and regulations pursuant to this division, including, but not limited to, Part 2 (commencing with Section 40900), the department shall provide guidance to local enforcement agencies on any conditions and restrictions on the utilization of alternative daily cover so as to ensure proper enforcement of those rules and regulations.
(e)CA Public Resources Code § 41781.3(e) Nothing in this section modifies, limits, or abrogates the authority of a local jurisdiction with respect to land use, zoning, or facility siting decisions within that local jurisdiction.
(f)CA Public Resources Code § 41781.3(f) For purposes of this section, “green material” has the same meaning as “processed green material,” as defined in subdivision (b) of Section 20690 of Title 27 of the California Code of Regulations. The term does not include materials left over from the composting process, materials left over after the material recovery process, commonly referred to as “fines,” or processed construction and demolition waste materials.
(g)CA Public Resources Code § 41781.3(g) For purposes of this section, “processed construction and demolition waste material” has the same meaning as defined in subdivision (b) of Section 20690 of Title 27 of the California Code of Regulations.
solid waste beneficial reuse solid waste landfill ...

Section § 41781.4

Explanation

This law outlines when exporting plastic waste is considered recycling versus disposal. Normally, exporting mixed plastic waste is counted as disposal, not recycling. However, if the export consists of specific plastics (like polyethylene, polypropylene, or PET) and each is recycled separately, it counts as recycling. Additionally, such exports must not violate the laws or treaties of the destination country. Until January 1, 2024, or the end of certain agreements, exports to Canada or Mexico don't count as exports under this rule.

(a)CA Public Resources Code § 41781.4(a) Except as provided in subdivision (b), the export of a mixture of plastic wastes shall not constitute diversion through recycling and shall be considered disposal for purposes of this division.
(b)CA Public Resources Code § 41781.4(b) Plastic waste export that is a mixture of plastic wastes shall constitute diversion through recycling and shall not be considered disposal for purposes of this division if it meets both of the following criteria:
(1)CA Public Resources Code § 41781.4(b)(1) The plastic waste export is a mixture of plastic wastes consisting of polyethylene, polypropylene, or polyethylene terephthalate and the export is destined for separate recycling of each material.
(2)CA Public Resources Code § 41781.4(b)(2) The plastic waste export is not prohibited by an applicable law or treaty of the country of destination and the import of the plastic waste into the country of destination will be conducted in accordance with all applicable laws and treaties of the country of destination.
(c)CA Public Resources Code § 41781.4(c) For purposes of this section, “export” means export out of the country. Until January 1, 2024, or the expiration of a relevant trade agreement or arrangement with Canada or Mexico, whichever is later, “export” does not include export to Canada or Mexico.
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Section § 41782

Explanation

This law allows the board to adjust waste diversion targets if a city, county, or regional agency shows that meeting these targets is unfeasible due to certain circumstances. One situation is when untreated medical waste from outside the jurisdiction is treated and becomes solid waste. Another is when a regional recycling facility handles out-of-jurisdiction material resulting in non-divertible solid waste. These facilities must meet specific criteria for the board to consider adjustments.

If an adjustment is granted, the jurisdiction must report details about the residual waste, why it can't be diverted, and any changes or efforts to improve waste diversion. The board can revoke adjustments if the previously non-divertible waste becomes divertible. The legislature emphasizes that waste facilities must still report disposal tonnages and maintain proper permits.

(a)CA Public Resources Code § 41782(a) The board may make adjustments to the amounts reported pursuant to subdivisions (a) and (c) of Section 41821.5, if the city, county, or regional agency demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements of Section 41780 is not feasible due to either of the following circumstances:
(1)CA Public Resources Code § 41782(a)(1) A medical waste treatment facility, as defined in subdivision (a) of Section 25025 of the Health and Safety Code, accepts untreated medical waste, which was generated outside of the jurisdiction, for purposes of treatment, and the medical waste, when treated, becomes solid waste.
(2)Copy CA Public Resources Code § 41782(a)(2)
(A)Copy CA Public Resources Code § 41782(a)(2)(A) A regional diversion facility within the jurisdiction accepts material generated outside the jurisdiction and the conversion or processing of that material results in the production of residual solid waste that cannot feasibly be diverted. Any adjustment provided pursuant to this paragraph shall apply only to that portion of the residual solid waste produced as a consequence of processing material that is not subject to the reporting requirements of subdivisions (a) and (c) of Section 41821.5 and that cannot feasibly be allocated to the originating jurisdiction.
(B)CA Public Resources Code § 41782(a)(2)(A)(B) For purposes of granting the reduction specified in subparagraph (A) and for the purpose of calculating compliance with the diversion requirements of Section 41780, “regional diversion facility” means a facility which meets all of the following criteria:
(1)CA Public Resources Code § 41782(a)(1) The facility accepts material for recycling from both within and without the jurisdiction of the city or county within which it is located.
(2)CA Public Resources Code § 41782(a)(2) All material accepted by the facility has been source-separated for the purpose of being processed prior to its arrival at the facility.
(3)CA Public Resources Code § 41782(a)(3) The residual solid waste generated by the facility is a byproduct of the recycling that takes place at the facility.
(4)CA Public Resources Code § 41782(a)(4) The facility is not a solid waste facility or solid waste handling operation pursuant to Section 43020.
(5)CA Public Resources Code § 41782(a)(5) The facility contributes to regional efforts to divert solid waste from disposal.
(b)CA Public Resources Code § 41782(b) If the board makes an adjustment pursuant to subdivision (a), the annual report required pursuant to Section 41821 by the jurisdiction, within which a medical waste treatment facility or regional diversion facility described in subdivision (a) is located, shall include all of the following information:
(1)CA Public Resources Code § 41782(b)(1) The total amount of residual solid waste produced at the facility.
(2)CA Public Resources Code § 41782(b)(2) The waste types and amounts in the residual solid waste that cannot feasibly be diverted.
(3)CA Public Resources Code § 41782(b)(3) The factors that continue to prevent the waste types from being feasibly diverted.
(4)CA Public Resources Code § 41782(b)(4) Any changes since the petition for adjustment was granted or since the last annual report.
(5)CA Public Resources Code § 41782(b)(5) The additional efforts undertaken by the jurisdiction to divert the waste produced at the facility.
(c)CA Public Resources Code § 41782(c) Based upon the information submitted pursuant to subdivision (b), if the board finds, as part of the biennial review pursuant to Section 41825, that the residual solid waste that previously could not be diverted can now be diverted, the board shall rescind the adjustment commensurate with the amount of diversion of the residual tonnages.
(d)CA Public Resources Code § 41782(d) It is not the intent of the Legislature to exempt any solid waste facility or handling operation from periodic tracking and the reporting of disposal tonnages in accordance with the regulations adopted by the board pursuant to subdivisions (a) and (c) of Section 41821.5, or from the permitting requirements pursuant to Section 43020.
waste diversion targets regional recycling facility medical waste treatment ...

Section § 41783.1

Explanation

If a city, county, or regional agency in California submits a recycling plan after January 1, 1995, they can count up to 10% of their 50% waste diversion requirement through biomass conversion. However, this is only allowed if certain conditions are met. These conditions include: the project must only process biomass, comply with air quality laws, test residues for hazardous waste, ensure effective recycling and composting measures, and exclude transformation in their plans.

For any city, county, or regional agency source reduction and recycling element submitted to the department after January 1, 1995, the 50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section 41780 may include not more than 10 percent through biomass conversion if all of the following conditions are met:
(a)CA Public Resources Code § 41783.1(a) The biomass conversion project exclusively processes biomass.
(b)CA Public Resources Code § 41783.1(b) The biomass conversion project is in compliance with all applicable air quality laws, rules, and regulations.
(c)CA Public Resources Code § 41783.1(c) The ash or other residue from the biomass conversion project is regularly tested to determine if it is hazardous waste and, if it is determined to be hazardous waste, the ash or other residue is sent to a class 1 hazardous waste disposal facility.
(d)CA Public Resources Code § 41783.1(d) The department determines, at a public hearing, based upon substantial evidence in the record, that the city, county, or regional agency is, and will continue to be, effectively implementing all feasible source reduction, recycling, and composting measures.
(e)CA Public Resources Code § 41783.1(e) The city, county, or regional agency does not include transformation in its source reduction and recycling element.
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