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2006 Legislative Task Force Workplan ADOPTED
At its annual workshop in December 2005, the Legislative Task Force identified the following issues as top priorities for the 2006 Work Plan:
§ Landfill Waste Bans/Product Stewardship
§ Conversion Technologies
§ Disposal Reporting System Implementation
§ Waste Reduction Mandates
§ AB 1497/Solid Waste Permit
§ Storm Water Permit Regulations
§ ADC Diversion Credits/Usage and Enforcement
Budget Update
The Governor presented his proposed 2006-07 budget in January. Here are highlights for several agencies of interest:
Resources and Environmental Protection
Environmental Protection
Integrated Waste Management Board
Department of Toxic Substances Control
State Water Resources Control Board
Regulations
CIWMB
Permit Implementation Regulations (AB 1497)
Temporary Waiver of Terms
Emerging Technologies Forum
DTSC
Universal Waste Update:
General Questions Compliance and Enforcement Requirements for Collection Site
Collections by Solid Waste Haulers of Universal Waste that is Commingled with Trash
Management of Treated Wood Waste
ARB
Solid Waste Collection Vehicle (SWCV) rule Update
Legislation
The 2006 Legislative Session is underway. A few priority bills from 2005 are still active and are being tracked by the Legislative Task Force. The LTF is currently reviewing and prioritizing bills which have been introduced in the 2006 session. The LTF will meet in Sacramento on March 23rd to review and take positions on a majority of these bills. For more information on this meeting, please contact Yvette Agredano, Lobbyist for the California Chapters LTF.
Here is a sampling of some 2006 Legislation which the LTF has already flagged as priority:
AB 362 (Aghazarian) Administrative proceedings.
AB 1688 (Niello) Illegal dumping enforcement officers.
AB 1992 (Canciamilla) Solid waste: dumping.
AB 2118 (Matthews) Solid waste: diversion: conversion.
AB 2127 (Plescia) Hazardous waste: alkaline batteries.
AB 2271 (Koretz) Household batteries: recycling
SB 369 (Simitian) Solid waste: tire recycling.
SB 926 (Florez) Sewage sludge management.
SB 928 (Perata) Public resources: solid waste.
SB 1305 (Figueroa) Medical waste.
Solid Waste in the News
Waste agency bins promote composting By Denis Cuff, Contra Costa Times
Garbage Trucks to Smell Better Soon From Staff Reports, Oakland Tribune
Counties could raise VLF for junk cars By Ben Brown, The Daily Journal
Stanford Univ. graduate donates $30M for environmental programs Feb 22nd, WasteNews.com
California launches green-building Web site Feb 9th, WasteNews.com
Reuse grants help foster long-term successes for cities, counties diverting materials away from disposal Feb 16th, CIWMB Release
State Waste Board Approves $4.5 Million to Fund Local Grants for Household Hazardous Wastes: Cities, counties, and regional agencies encouraged to apply Feb 16th, CIWMB Release
SWANA California Events
Western Regional Symposium
California Gold Rush Chapter
Southern California Founding Chapter
Central California Sierra Chapter
Resources
Online Guide to the Legislative Process
Budget Update
Resources and Environmental Protection
Expenditures are proposed to increase by $135 million, or 9.2 percent. This increase results from several expenditure changes, the most significant of which are as follows:
· Employee compensation costs for the Department of Forestry and Fire Protection will increase by $37 million.
· Funding of $35 million to the Department of Water Resources to implement a Central Valley flood management plan.
· Legislation enacted in 1998 appropriated $235 million to line the All American Canal and fund other projects to reduce California's dependence on water from the Colorado River. Of this amount, $84 million will be expended in 2006-07 to line the canal, which represents an increase of $25 million.
· Debt service for Resources land acquisitions and capital improvement projects approved in prior years has increased by $51 million.
· Augmentations to the Department of Fish and Game budget totaling $14 million to provide funding related to enacted legislation, continue salmon and steelhead habitat restoration grants, and prevent program reductions due to a shortfall in the Fish and Game Preservation Fund.
· A decrease of $36 million due to removal of one-time costs associated with the Paterno flood damage settlement.
Environmental Protection
The California Environmental Protection Agency (CalEPA) coordinates and supervises the state's environmental protection programs, which focus on restoring, preserving, and enhancing California's environmental quality.
The Secretary for Environmental Protection oversees the Air Resources Board, the Integrated Waste Management Board, the Department of Pesticide Regulation, the State Water Resources Control Board (which includes the nine Regional Water Quality Control Boards), the Department of Toxic Substances Control, and the Office of Environmental Health Hazard Assessment (shown in Figure ENV-01).
The Governor's Budget includes $1.4 billion ($71.4 million General Fund and $1.3 billion other funds) and 4,547.2 positions for CalEPA, which reflects a decrease of $436.4 million ($6.7 million General Fund and $429.7 million other funds) below the revised 2005-06 Budget and $106.9 million ($7.5 million General Fund and $99.4 million other funds) below the 2005 Budget Act. Most of the decrease in funding is attributable to less bond money being available for expenditure in 2006-07. Agency funding provides ongoing support of the following efforts to reduce greenhouse gas emissions that cause climate change, protect California's environment through rigorous enforcement of existing laws, promote a transition to a clean, hydrogen-based transportation system, and improve water quality.
Integrated Waste Management Board
The California Integrated Waste Management Board promotes the following waste management practices: (1) source reduction, (2) recycling and composting, (3) reuse, and (4) environmentally safe transformation and land disposal. The Board protects public health and safety and the environment through the regulation of solid waste facilities, including landfills. Board activities include research, permitting, inspection, enforcement, public awareness, market development to promote recycling industries, and technical assistance to local agencies in development of local integrated waste management plans.
Major Program Changes:
· Climate Change Initiative - The Budget includes $466,000 Integrated Waste Management Account and 2.9 positions to implement landfill methane capture and recycling strategies to reduce greenhouse gas emissions to achieve the goals outlined by the multi-agency Climate Action Team.
· Tire Recycling Programs - The Budget provides $5.23 million California Tire Recycling Management Fund and 2.9 positions for the Waste Board's tire recycling programs, including $5 million for grants to increase the diversion of waste tires from landfills to productive uses and $230,000 and 2.9 positions to enhance enforcement of waste tire regulations.
· Electronic Waste Recycling - With advancing technology, increasing numbers of obsolete electronic devices such as computer monitors and televisions are being deposited into landfills, creating potential health risks due to their hazardous material content. The Budget includes additional funding of $1.3 million and 14.3 positions to administer the the Electronic Waste Recycling Act of 2003, process payments to recyclers, and enhance the state's enforcement activities.
Department of Toxic Substances Control
The Department of Toxic Substances Control protects public health and the environment by: (a) regulating hazardous waste management activities, (b) overseeing and performing cleanup activities at sites contaminated with hazardous substances, (c) encouraging pollution prevention and the development of environmentally protective technologies, and (d) providing regulatory assistance and public education.
Since department programs drive the need for infrastructure investment, each department has a related capital outlay program to support this need.
Major Program Changes:
· Electronic Waste Recycling - With advancing technology, increasing numbers of obsolete electronic devices such as computer monitors and televisions are being deposited into landfills, creating potential health risks due to their hazardous material content. The Budget includes additional funding of $1.5 million and 13.8 positions to enhance the state's enforcement of the Electronic Waste Recycling Act of 2003.
· Military Base Closure - The Budget includes $209,000 Federal Trust Fund and 1.9 positions to provide oversight of hazardous material cleanup at the former McClellan Air Force Base and Fort Ord Army Base.
State Water Resources Control Board
The State Water Resources Control Board (State Board) and the nine Regional Water Quality Control Boards (Regional Boards) preserve and enhance the quality of California's water resources and ensure proper allocation and effective use. These objectives are achieved through the Water Quality and Water Rights programs.
Major Program Changes:
· The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund (Proposition 50) and the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act (Proposition 13) - The Budget includes $56.6 million in local assistance funding from Proposition 50 and Proposition 13 to fund projects that improve water quality in the following categories: CALFED drinking water and watershed protection programs, non-point source pollution control, clean beaches, water recycling, and groundwater monitoring.
· Surface Water Ambient Monitoring Program - Surface water monitoring provides data that is used by the Water Board to protect water quality in the state. The Budget includes $8.5 million Waste Discharge Permit Fund to enhance the Water Board's ability to monitor the water quality of the state's lakes, rivers and coastal areas.
· Water Rights Program - The Budget includes $3.6 million Water Rights Fund to develop a new Water Rights Information Management System and to improve the Water Rights Program permitting process.
· Basin Planning and Water Quality Standards - The Budget includes $1 million Waste Discharge Permit Fund to provide scientific data needed to update water quality standards contained in existing basin plans that establish water quality objectives for all of the state's waterways.
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Regulations
CIWMB
Permit Implementation Regulations (AB 1497)
This package proposes new and revised regulations implementing the requirements of Assembly Bill 1497 (Stats. 2003, Ch. 823), applying new construction and demolition requirements to the regulation of other solid wastes, and clarifying permit process requirements.
Background—In January 2004, AB 1497 was enacted. The new law mandates several new solid waste facility permitting requirements and authorizes the Board to adopt regulations to implement these requirements. At its January 2004 meeting, the Board directed staff to address, in a rulemaking, the application of new construction & demolition requirements to other solid waste facility and local enforcement agency requirements. Finally, in early 2004, the Board staff consulted with stakeholders to solicit their input on what they viewed as areas for improvement, consistency, and clarification related to the permitting process and/or requirements.
During the second half of 2004, Board staff solicited stakeholder input on regulatory concepts associated with the issues above via a process entitled the Solid Waste Facility Permit Regulation Development Plan. At its November 2004 meeting, the Board's Permitting and Enforcement Committee directed staff to implement the plan through three separate and staggered rulemakings. This rulemaking, Permit Implementation Regulations (AB 1497), is the first of the three rulemakings.
Status—At its November 7, 2005 meeting, the Permitting and Enforcement Committee directed staff to initiate a 60-day comment period on the proposed regulations and to work with stakeholders in the development of two lists that could be inserted into the regulations prior to beginning the comment period: first, a list of minor changes that would not require LEA review and approval prior to the operator taking action, and, second, a list of changes that would always require a revision to the permit. The Second Draft Informal Text is now available.
Staff is currently pulling the rulemaking package together for submittal to the Office of Administrative Law. CIWMB staff anticipates beginning the 60-day formal rulemaking process in late February or early March 2006. At that time, staff will send a notice announcing the beginning of the 60-day comment period; the deadline for submitting comments; where to send written comments; the date, time and location of a public hearing where oral and written comments can be received; and how to access the rulemaking file, which includes a link to access the proposed text of the regulations, the initial statement of reasons and the economic impact statement.
At the end of the 60-day comment period, the CIWMB may adopt the proposed regulations as described in the notice at a regular CIWMB meeting or make modifications to the regulations based on comments received. If the CIWMB makes modifications, the modified regulations will be sent out for an additional 15-day public comment period, and then come back to the CIWMB for consideration at a subsequent CIWMB meeting.
The LTF has been actively participating in the stakeholder process through the informal stages of this package, however, as you can see, there will be many opportunities during the formal rulemaking process for further review the proposed regulations and provide comment to the CIWMB. The LTF will keep members informed of those opportunities.
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Temporary Waiver of Terms
This package proposes a narrowly focused revision to existing regulations that allow an Enforcement Agency to provide a temporary waiver of specified permit terms and conditions of a solid waste facilities permit in the event a “temporary emergency” occurs. 1st Draft Informal Text
The CIWMB is hosting a March 7, 2006 workshop to solicit feedback on informal draft regulation text.
· Notice of Public Workshop (MS Word, 144 KB) (Posted Feb. 2006)
· Interested parties may attend in person or listen to the presentation and discussion via CIWMB's web-based audio broadcast.
Emerging Technologies Forum
On April 17-18, 2006, the California Integrated Waste Management Board (CIWMB) is sponsoring an Emerging Technologies Forum at the Sacramento Convention Center.
§ Content
§ Participants
§ Location
§ Registration
While the energy demands of California, the nation, and the world continue to grow, sources for energy are either dwindling or growing at a much slower rate. To make up this disparity, policy makers are considering controversial energy sources such as nuclear, non-renewable resources, and drilling for oil and gas in ecologically sensitive areas. Meanwhile, even with our waste prevention, reuse, recycling and composting efforts, we continue to dispose vast amounts of materials with an incredible amount of embodied energy into our landfills. Are there relatively clean, effective methods to obtain energy and other raw materials from these residuals? Are they a potential source of energy to help meet California’s Renewable Portfolio Standards? What energy choices do we face in our future?