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Statutes of 1970
SB 752 (Ketchum)--Maintenance of the Codes--Technical
amendments regarding formation of garbage and refuse disposal districts. (Chapter 736)
Statutes of 1971
SB 236 (Grunsky)--Compensation for Board of
Directors of Garbage and Refuse Disposal Districts--Authorized a district chairman and
secretary to be compensated monthly, as determined by the Board, rather than at a rate of
$50 per month. Authorized a board to designate a depository for the custody of monies
collected.
Statutes of 1972
SB 5 (Nejedly-Z'berg-Dills)--Solid Waste Management
and Resource Recovery Act of 1972--Made legislative declarations and findings that,
due to the increasing volume and variety of solid wastes being generated throughout the
state, and the often inadequate management which may not meet future requirements for
eliminating environmental pollution and conserving natural resources, it is in the public
interest to establish a comprehensive state solid waste management and resource recovery
policy to protect the public health, safety, and well-being, to preserve the environment,
and to provide for the maximum reutilization and conversion to other uses of the resources
contained therein. Also stated legislative intent that the primary responsibility for
adequate solid waste management and planning shall rest with local government, with the
state bearing primary responsibility for the development and maintenance of the state
policy for solid waste management and the State Solid Waste Resource Recovery Program.
Included the following major provisions:
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The Solid Waste Management Board--Established the ten-member State Solid Waste
Management Board, consisting of: one member appointed by the Governor who is a city
councilman from a city of more than 250,000 people; one member appointed by the Governor
who is a county supervisor from a county of more than 500,000 people; one representative
of the public appointed by the Governor with specialized education and experience in
environmental quality and pollution control; one representative of the public appointed by
the Speaker of the Assembly with specialized education and experience in natural resources
conservation and resources recovery; one representative of the public appointed by the
Senate Rules Committee who is a registered civil engineer; one member appointed by the
Governor from the private sector of the solid waste management industry from Southern
California; one member appointed by the Governor from the private sector of the solid
waste management industry from Northern California; the State Director of Public Health or
his deputy, as a nonvoting ex officio member; the State Director of Agriculture or his
deputy, as a nonvoting ex officio member; the Chief of the Division of Mines and Geology
of the Department of Conservation or his deputy, as a nonvoting ex officio member. (This
provision was to remain in effect only until the Governor's Reorganization Plan No. 1 of
1970 became operative.) Provided that the terms of the voting members shall be four years,
commencing on 5/1/73, except that the members first appointed were required to classify
themselves by lot such that the term of two members expired 5/1/75 and the term of two
members expired 5/1/76, and the term of three members expired 5/1/77. Required the
appointments to the Board made by the Governor to be confirmed by the Senate, and provided
that the refusal or failure of the Senate to confirm an appointment created a vacancy in
the office to which the appointment was made. Also authorized the Board to appoint a chief
executive officer to administer the functions of the Board, and other staff. Designated
the Board as the state solid waste management agency for all purposes stated in the
Federal Resource Recovery Act of 1970. Appropriated $228,000 from the General Fund to the
State Solid Waste Management Board for expenditure for the purposes of the Act.
Required the Board to: conduct studies and investigations regarding new or improved
methods of solid waste handling, disposal or reclamation, and review solid waste
management plans by other state agencies; prepare and implement a statewide solid waste
management information storage and retrieval system coordinated with other state
information systems; implement a public information program for local government, private
industry, and general maximum environmental protection, and effective reuse of waste
products; render technical assistance to state and local agencies, local health officers,
and others in the planning and operation of solid waste programs; study the methods of
reducing and controlling the litter problem statewide, and report conclusions and
recommendations, including public education and incentives not to litter, necessary
legislation, and improved methods of implementing existing laws, to the Governor and
Legislature by 1/1/75. Also required the Board to study alternative methods of providing
financial assistance to local agencies for the planning and purchase of solid waste
disposal facilities on a long-range basis, and report its findings to the Legislature by
7/1/74. Required the Board to file an annual report with the Legislature stating the
progress achieved under the programs established by the Act and containing recommended
additional administrative and legislative actions necessary to implement the policies and
programs established therein, and required the report submitted in 1974 to include
information on the financial impact of the State Policy for Solid Waste Management,
adopted pursuant to the Act.
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State Solid Waste Management and Resource Recovery Advisory Council--Created
the State Solid Waste Management and Resource Recovery Advisory Council with the Board,
consisting of 25 members appointed by the Governor and confirmed by the Senate: two
members of private solid waste handlers; two representatives of public solid waste
handlers; two representatives of private solid waste disposal facility operators; two
representatives of public solid waste disposal facility operators; six representatives of
major private solid waste producing industries, including the glass, can, paper, and
chemical industries; one local public health officer; three representatives of the
agriculture and timber industries; two representatives of well-established citizen-action
solid waste resource recovery programs; one county supervisor; one city councilman; three
representatives of the public at large, each of who possesses special knowledge or
experience in solid waste management and resource recovery, the conservation of natural
resources, or environmental pollution. Also included on the Council the chief executive
officer of the Board, the State Director of Public Health, the State Director of
Agriculture, and the Chief of the Division of Mines and Geology of the Department of
Conservation, as nonvoting ex officio members. (This provisions was to remain in effect
only until the Governor's Reorganization Plan No. 1 of 1970 became operative.)
Provided that the Council was responsible for all of the following: initial preparation
and recommendation to the Board, by 7/1/74, of the State Solid Waste Resource Recovery
Program; providing advice and assistance to the Board in the development of the State
Policy of Solid Waste Management; reviewing and recommending to the Board revisions in the
resource recovery program and in state policy; making recommendations to the Board
concerning each local solid waste management plan submitted to the Board for approval;
providing advice and assistance to citizen-action groups, solid waste producing
industries, and public and private solid waste collection and disposal organizations on
the development and implementation of solid waste recycling and resource recovery
programs; providing advice and assistance to the Board in connection with the study by the
Board of the nature, extent, and methods of reducing and controlling the litter problem
statewide. Provided that the Council would be terminated on 7/1/76.
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Solid Waste Management and Resource Recovery Policy--Required the Board, not
later than 1/1/75, to formulate and adopt state policy for solid waste management,
including minimum standards for solid waste handling and disposal for the protection of
air, water, and land from pollution. Provided that standards could include the location,
design, operation, maintenance, and ultimate reuse of solid waste processing or disposal
facilities, but shall not include aspects of solid waste processing or disposal which are
solely of local concern and not determined by the Board to be of statewide concern,
including, but not limited to, frequency of collections, means of collection and
transportation, level of service, charges and fees, designation of territory served
through franchises, contracts or governmental employees, and purely aesthetic
considerations.
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Solid Waste Management Plans--Required each county to prepare a comprehensive,
coordinated solid waste management plan for all waste disposal within the county and for
all waste originating therein which is to be disposed of outside the county, and to submit
it to the Board for approval by 1/1/76. Required the plan to be prepared in cooperation
with affected local jurisdictions, to be subject to approval by a majority of the cities
within the county which contain a majority of the population of the incorporated area of
the county, and to be consistent with state policy and any appropriate regional or
subregional solid waste management plans. Required each plan to be submitted for review
and comments to the regional planning agency for the region recognized by the Council on
Intergovernmental Relations prior to submission to the Board. Authorized any county, with
the agreement of a majority of the cities within the county which contain a majority of
the population of the incorporated area of the county, may transfer the responsibility for
the preparation of the solid waste management plan to the regional planning agency.
Required each plan to include an analysis of the economic feasibility of the plan.
Authorized solid waste management plans to include elements, where appropriate, providing
for subregional solid waste management covering more than one county or parts thereof, and
provided that such plans shall not supersede plans of any local jurisdiction unless there
is agreement by all parties concerned.
Required state offices, departments and boards to comply with solid waste management
plans approved by the state in carrying out activities involving solid waste disposal,
unless otherwise directed or authorized by statute. Prohibited the Board from approving
any request for state or federal financial assistance for any solid waste management
project not in conformance with the plan approved by the Board. Also required the Board to
prepare guidelines for solid waste management plans and to provide technical assistance in
the preparation, revision, and implementation of solid waste management plans.
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State Solid Waste Resource Recovery Program--Required the Council to submit to
the Board by 7/1/74, and the Board to adopt, by 1/1/75, after review, notice, public
hearings, and modification, the State Solid Waste Resource Recovery Program. Required the
Program to include, but not be limited to, the following elements: (1) guidelines for a
major state-directed research and development program to develop technologically and
economically feasible methods for the collection, reduction, separation, recovery,
conversion, and recycling of all solid wastes, and the environmentally safe disposal of
nonissuable residues; (2) special studies and demonstration projects on the recovery of
useful energy and resources from solid wastes, including, but not limited to, methods of
recovering resources and energy from solid wastes, recommended uses including
identification of potential markets for recovered resources, and the impact of the
distribution of such resources on existing markets; changes in current product
characteristics, production and packaging characteristics which would reduce the amount of
solid waste generated at its source; methods of collection, reduction, separation, and
containerization which will encourage more efficient utilization of facilities, and
contribute to more effective reuse programs; the use of state procurement to develop
market demand for recovered resources, with special emphasis on maximum possible state use
of recycled paper; recommended incentives (grants, loans, etc.) and disincentives to
public agencies and private organizations and individuals, necessary to accelerate the
reclamation and recycling of resources from solid wastes; the effects of existing public
policies, including subsidies and economic incentives and disincentives, tax incentives
and disincentives, upon the recycling and reuse of solid wastes, and the likely effects of
the modification or elimination of such incentives and disincentives upon the reuse,
recycling, and conservation of such resources; the advantages and disadvantages, and
methods of imposing disposal taxes on packaging, containers, vehicles, and other
manufactured goods, which would reflect the cost of final disposal, the value of
recoverable components of the item, and any social costs associated with the nonrecycling
or uncontrolled disposal of such items; and (3) state pilot resources recovery projects,
at the state institutions where such projects are deemed most feasible, to provide for the
maximum possible reuse and recycling of the solid wastes generated by the institution.
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State Department of Public Health--Required the Department to continue to be
responsible for all aspects of solid waste management and resource recovery as they
directly affect human health, including, but not limited to, the contamination of air,
water, and land, propagation of vertebrates and invertebrates which may transmit disease
to man, handling and disposal of hazardous wastes, and management practices which threaten
the health of solid waste employees or the general public. Also required the Department
to: evaluate the characteristics of solid wastes and methods for their handling and
disposal for health protection; render technical assistance to the Board, local agencies,
and others in the planning and operation of solid waste management programs and resource
recovery programs; formulate technical criteria and suggested guidelines for use by state
and local agencies in developing programs for the local handling of solid waste; and
stimulate and participate in research and development projects conducted by other public
or private agencies, especially those intended to reduce, effectively reuse, or
decontaminate waste products.
Required the Department, not later than 1/1/75, to prepare and submit minimum standards
for solid waste handling and disposal for the protection of the public health to the Board
for inclusion in the State Policy for Solid Waste Management, required by the Act, and
authorized the Department to adopt varying standards depending on population density,
climate, geology, and other factors relevant to solid waste handling and disposal. (Chapter
342)
Statutes of 1973
SB 529 (Nejedly)--Cleanup Provisions to the Act--Amended
the definition of "solid waste" by adding "liquid wastes." Amended the
provisions regarding submittal of the annual report to the Legislature. Also provided, in
an uncodified section, that no appropriation was made by the Act and no obligation was
incurred for reimbursement of any local agency costs attributable to compliance with the
Act. Provided for the Chairman of the Board and the Resource Recovery Advisory Committee
to receive $100 per day for attending meetings of the board or the committee. (Chapter
1156)
SB 1411 (Nejedly)--Board Membership--Revised provisions of the
Act related to Senate confirmation of Governor's appointments, to reflect the change to a
two year legislative session, by making the expiration period of interim appointments
December 31 of the first year of the session and November 30 of the second year of the
session if a vacancy occurs during that year. Also clarified the distinction between
refusal and failure of the Senate to confirm a Governor's appointment. Urgency measure. (Chapter
603)
Statutes of 1974
SB 1594 (Nejedly)--Cleanup Provisions to the Act--Authorized
the Board to contract as necessary. Extended the time for filing a financial assistance
report to the Board from 7/1/74 to 1/15/75. Urgency Measure. (Chapter 320)
SB 1797 (Nejedly)--Transformation Stations and Disposal Site
Enforcement--Prohibited commencement of operation for new solid waste transfer
stations and disposal sites unless the Board makes a finding that protection of public
health and public need and necessity requires immediate implementation, except if an EIR
has been completed or a use permit has been approved by the county. Required such sites to
be in conformance with a CoSWMP as approved by the Board, but exempted nonprofit resource
recovery or recycling sites for neighborhood or community type activities approved by the
local governmental entity. Prohibited operation of any such facility not in conformance
with a CoSWMP, and authorized the Board to require conformance. Also authorized the
Attorney General to enforce the requirement upon the request of the local governmental
entity. (Chapter 541)
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