AB 901 — Solid waste: reporting requirements: enforcement.

Summary

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires disposal facility operators to submit information to counties from periodic tracking surveys on the disposal tonnages that are disposed of at the disposal facility by jurisdiction or region of origin. Existing law requires solid waste handlers and transfer station operators to provide information to the disposal facility on the origin of the solid waste they deliver to the disposal facility. Existing law requires recycling and composting facilities to submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or sold to exporters or transporters for sale outside of the state, by county of origin. Existing law requires counties to submit periodic reports to the cities within the county, to any regional agency of which the county is a member, and to the Department of Resources Recycling and Recovery on the amounts of solid waste disposed of by jurisdiction or region of origin, and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region. Existing law authorizes the department to adopt regulations in this regard. This bill would revise these provisions by, among other things, (1) requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties, (2) requiring disposal facility operators to submit tonnage information to the department, and to counties only on request, and (3) deleting the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys. The bill would require exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state, and would authorize the department to provide this information, on an aggregated basis, to jurisdictions, as specified. The bill would make the aggregated information, other than that aggregated by company, public information. The bill would make other related changes to the various reporting requirements. The bill would provide for imposition of civil penalties on any person who refuses or fails to submit information required by the governing regulations, and on any person who knowingly or willfully files a false report, refuses to permit the department to inspect or examine associated records, or alters, cancels, or obliterates entries in the records, as specified. The bill would provide that the civil penalties may be imposed either in a civil action or administratively pursuant to procedures specified in the bill. The bill would specify the types of waste disposal records that are subject to inspection and copying by the department, and also by an employee of a government entity, as defined, with respect to tonnage received at a disposal facility on or after July 1, 2015, that originates within the government entity's geographic jurisdiction. The bill, with respect to those records, would prohibit a government entity from disclosing the name of a waste hauler using a specific landfill unless necessary as part of an administrative or judicial proceeding, as specified. The bill would also authorize a government entity to petition the superior court for injunctive or declaratory relief to enforce these provisions. The bill would require recovered civil penalties to be deposited in the Integrated Waste Management Account. The California Public Records Act provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and that every person has a right to inspect any public record, but exempts certain records from those requirements. Existing law, upon the request of any person furnishing any report, notice, application, plan, or other document required by the California Integrated Waste Management Act of 1989, provides that neither the department nor an enforcement agency shall make available for inspection by the public any portion of the report, notice, application, plan, or other document that contains a trade secret, as specified. This bill would exempt certain waste disposal records subject to inspection and copying by the department or a government entity from disclosure under certain California Public Records Act provisions. The bill would also make certain waste disposal records subject to nondisclosure under the trade secrets provisions.

Bill Text

• Chaptered 10/10/15 - Chaptered Current pdf October 10, 2015
• Enrolled 09/16/15 - Enrolled pdf September 16, 2015
• Amended 09/04/15 - Amended Senate pdf September 04, 2015
• Amended 09/01/15 - Amended Senate pdf September 01, 2015
• Amended 07/16/15 - Amended Senate pdf July 16, 2015
• Amended 07/02/15 - Amended Senate pdf July 02, 2015
• Amended 04/20/15 - Amended Assembly pdf April 20, 2015
• Introduced 02/26/15 - Introduced pdf February 26, 2015
• AB901 View text html

Action History

1. October 10, 2015

   Chaptered by Secretary of State - Chapter 746, Statutes of 2015.

2. October 10, 2015

   Approved by the Governor.

3. September 25, 2015

   Enrolled and presented to the Governor at 2 p.m.

4. September 11, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3145.).

5. September 10, 2015

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 2695.).

7. September 08, 2015

   Read second time. Ordered to third reading.

8. September 04, 2015

   Read third time and amended. Ordered to second reading.

9. September 01, 2015

   Read second time and amended. Ordered to third reading.

10. August 31, 2015

    From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 27).

11. August 17, 2015

    In committee: Referred to APPR. suspense file.

12. July 16, 2015

    Read second time and amended. Re-referred to Com. on APPR.

13. July 16, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 15).

14. July 02, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

15. June 17, 2015

    In committee: Set, first hearing. Hearing canceled at the request of author.

16. June 11, 2015

    Referred to Com. on E.Q.

17. June 01, 2015

    In Senate. Read first time. To Com. on RLS. for assignment.

18. June 01, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 2. Page 1719.)

19. May 28, 2015

    Read second time. Ordered to third reading.

20. May 28, 2015

    From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

21. April 29, 2015

    In committee: Set, first hearing. Referred to APPR. suspense file.

22. April 21, 2015

    Re-referred to Com. on APPR.

23. April 20, 2015

    Read second time and amended.

24. April 16, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 13).

25. March 16, 2015

    Referred to Com. on NAT. RES.

26. February 27, 2015

    From printer. May be heard in committee March 29.

27. February 26, 2015

    Read first time. To print.

Sponsors

• Gordon · Primary
• Williams · Cosponsor

Votes

Subjects