Local Government Central

Biennial Reviews

• What is a biennial review?
• What is the legal basis for the biennial review?
• Who must undergo a biennial review?
• What is the difference between the annual report and the biennial review?
• What does the board look for in a biennial review?
• What information will the board use in its review?
• What are the possible outcomes of a biennial review?
• How can I prepare for my jurisdiction's biennial review?
• When will my jurisdiction's next biennial review occur?
• What is my jurisdiction's biennial review status?

What is a biennial review?

At least once every two years, the California Integrated Waste Management Board ("the Board") conducts an independent review of each jurisdiction's progress in implementing its Source Reduction and Recycling Element (SRRE) and its Household Hazardous Waste Element (HHWE).  At this time, the Board also reviews the jurisdiction's progress toward achieving the 50 percent diversion requirement of the Integrated Waste Management Act (the Act).

What is the legal basis for the biennial review?

Public Resources Code (PRC) Section 41825.

Who must undergo a biennial review?

Per the requirements of PRC Section 41825, every city, county and board-approved regional agency which files an annual report must undergo a biennial review.  The board may review a jurisdiction's performance more frequently than every two years if it chooses.

What is the difference between the annual report and the biennial review?

By August 1 of each year, every city and county which do not belong to a regional agency, and each board-approved regional agency, must prepare and submit an annual report.  The annual report is that jurisdiction's self-evaluation of its waste diversion performance for the previous calendar year, and includes information about waste diversion programs implemented and discontinued, and the annual diversion rate.

By contrast, the biennial review is conducted by the Board, which performs its own evaluation of the jurisdiction's waste diversion performance based on documents filed by the jurisdiction, on comparisons to similar jurisdictions, and on the recommendations of Board staff.

What does the Board look for in a biennial review?

The Board will check to see whether a jurisdiction has implemented the programs it promised to implement in its SRRE and HHWE, as well as whether the jurisdiction is meeting the diversion goals set by the Act.   Questions which the board may seek to answer at the biennial review include:

• What are the projected, adjusted and measured diversion rates?
• What programs have been implemented, expanded or discontinued?
• Are contingency programs selected and available to implement should they be needed?
• Were all significant waste materials selected in the SRRE and HHWE targeted in the programs which were implemented?
• Were waste quantification problems a factor in calculating the diversion rate?
• If implemented programs failed, why?
• Are low market prices for diverted materials a factor in program implementation or success?
• Does the jurisdiction have sufficient funds available to implement programs?

Per PRC Section 41850 (b), the board will consider whether a jurisdiction has made a "good-faith effort" to implement its SRRE and HHWE and achieve its diversion goals.  That section of law describes potential mitigating factors.

Those jurisdictions diligent in implementing their SRRE and HHWE, and which are meeting the diversion requirements of the Act, may become part of a "streamlined" board agenda item, where its performance will be considered at the same time as other high-performing jurisdictions, with likely board approval for all.  However, the Board reserves the right to remove any jurisdiction from a streamlined agenda item and hold it over for a more intensive review.

What information will the Board use in its review?

The sources of information available to the board include, but are not limited to, the jurisdiction's:

• annual reports
• SRRE and HHWE
• previous agenda items
• disposal reporting information
• petitions for time extensions or reduced diversion requirements
• correspondence with the board
• submitted additional information

To place the performance of any jurisdiction in context, the board may compare its diversion performance with that of other jurisdictions similar in size, industrial character or demographics.  Also, the board will consider the recommendations of its staff, as well as information from other federal, state or local agencies. 

What are the possible outcomes of a biennial review?

• Approval/Acceptance:  The Board approves or accepts the jurisdiction's implementation of its solid waste planning documents, and its diversion rate as reported.
• "Good Faith" Approval:  Even though the jurisdiction has not reached its diversion rate goal, it has demonstrated commitment toward that end. The board approves or accepts the jurisdiction's implementation of its solid waste planning documents, and its diversion rate as reported, with the understanding that the jurisdiction will continue to strive toward full compliance with the act.
• Compliance Order and Schedule: The board believes that, based on past performance, a jurisdiction is not committed to reducing its waste, implementing its solid waste planning documents, or complying with the Act.   Per PRC 41825, the board may order a specific schedule for achieving compliance with the Act.   The order shall include specific steps for the local agency or regional agency to complete, including program changes, new programs, or studies.  Jurisdictions under a compliance order will be called back for additional board review as dictated by the compliance schedule.
  • Fine: A jurisdiction which fails to comply with a CIWMB compliance order may be fined up to $10,000 per day until it implements its SRRE and HHWE and complies with the Act, according to PRC 41850 (a).  The actual amount of a fine, the timing of a fine, and the conditions for avoiding a fine, are at the Board's discretion. 

How can I prepare for my jurisdiction's biennial review?

Generally, if your jurisdiction has followed its approved waste planning documents, and its diversion rate is at or near 50 percent, preparations for the biennial review should be minimal. 

Please consult with your local assistance staff contact for assistance in preparing for the biennial review.

When will my jurisdiction's next biennial review occur?

Scheduling varies.  If the Board has scheduled a jurisdiction for a full hearing, then the appropriate local assistance staff person will inform the jurisdiction's contact 1-2 months in advance.  If the board is scheduled to consider a particular jurisdiction as part of a "streamlined" agenda item, advance notice may be shorter.

Jurisdictions under a compliance order and schedule should expect additional hearings until the conditions of the compliance order are satisfied.  local assistance staff will contact the jurisdiction to advise them of such activity.

What is my jurisdiction's biennial review status?

Last updated: August 22, 2008