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Introduction
Cities and counties
may join together to form “regional agencies.” Regional agencies can report diversion and disposal numbers as one
entity. Regional agencies may prepare a
single set of waste management planning documents, report to the California
Integrated Waste Management Board (Board) as one entity, and jointly implement
diversion programs.
- “District” means a community service district or sanitary
district that provides waste management services.
- “Joint Powers Authority”
(JPA) means two or more public agencies jointly
exercising any power held in common, if authorized by their legislative or
other governing bodies, as outlined in the California Government Code (CGC) sections 6500 et seq.
- “Jurisdiction” means a city, county, or a regional
agency with the responsibility for meeting Integrated
Waste Management Act requirements.
- “Regional agency” (RA) means a legal partnership of two or more
cities or counties, formed with Board approval, designed to meet Integrated
Waste Management Act [IWMA] requirements. An RA may also include one waste management service district. Please see Board-approved list of
regional agencies and members.
- “Rural
regional agency” means an RA formed by jurisdictions that meet the
rural criteria specified in Public Resources Code (PRC) sections
40183, 40184, 41787.1, and 41787.2. Rural RA may request the Board approve a reduction in
diversion rate requirements and/or a streamlined waste management planning
element.
Benefits of a
Regional Agency
- May
save time by eliminating individual jurisdiction annual reports and waste management plan elements
(for example, annual reports, source reduction and recycling element [SRRE] revisions,
and household hazardous waste element [HHWE] revisions) submitted to the Board.
- May
enhance opportunities for efficient diversion programs by allowing
jurisdictions to work together and take advantage of economies of scale.
- May
provide potential cost saving if one agency manages solid waste contracts and
projects.
- May increase
disposal report accuracy by
limiting disposal misallocation to
individual jurisdictions.
- May increase diversion rate estimate accuracy because it is a larger
geographic area.
Process for Forming a Regional Agency
Jurisdictions form an RA by first creating a JPA as outlined in CGC sections 6500 et seq. If jurisdictions already belong to a JPA for a specific purpose,
such as funding landfill closure costs, the existing JPA may be expanded to meet RA
formation requirements, or an entirely new JPA may be established.
The Board must review and approve the JPA agreement for
the JPA to be considered an RA. The
JPA agreement must meet, at a minimum, the following six provisions
of PRC section 40975:
- List
member jurisdictions and describe the RA, including the name and address of
the RA.
- Describe
the method by which any civil penalties imposed by the Board will be
allocated among the member jurisdictions.
- Describe
a contingency plan that shows how each member jurisdiction will comply with the
planning and waste diversion requirements if the RA is
terminated.
- Describe
the duties and responsibilities of each member jurisdiction demonstrating how
each will comply with the planning and waste diversion requirements of PRC sections
41780–41786.
- Describe
the source reduction,
recycling, and
composting
programs to be implemented by the RA. These programs must be at least as
comprehensive and effective in meeting
diversion requirements as those that each member jurisdiction has proposed in its individual
source reduction and recycling element as specified in PRC sections 41780–41786.
- Describe additional
information that may be needed by the RA members.
Considerations in
Forming a Regional Agency
- When forming an RA, many jurisdictions have chosen to
incorporate their pre-existing SRREs and HHWEs as part of the JPA.
- Some
RAs use a simple method that allocates compliance penalties based upon size or
waste generation of the member jurisdictions.
- Some RAs track member
jurisdictions activities so that Board compliance penalties may be assigned.
Board compliance orders may include a detailed list of specific jurisdiction
tasks and responsibilities. In making a determination of individual
jurisdiction fault, the RA may use the
Board compliance order. If penalties are to
be allocated by fault, the JPA should state the process that will
be used.
Additional
Information
The local assistance staff provides technical assistance and model RA agreements. If you have any
questions about
regional agencies, contact your local assistance staff
representative.
Legislation:
Chapter 1292, Statutes of 1992 (Sher, AB 2494)
Chapter 1169, Statutes
of 1993 (Sher, AB 440)
Chapter 1227, Statutes of 1994 (Sher, AB 688)
Chapter 21, Statutes of 1996 (Sher, AB242)
Chapter 600, Statutes of 1999 (Chesbro, SB 515)
Statute: California Government Code Section
CGC
6500 et seq., Joint Exercise of Powers Act
Statute: Public Resources Code Sections
PRC
40970 et seq., Regional Agencies
PRC
40183, Definition of Rural City
PRC
40184, Definition of Rural County
PRC
41780 et seq.,
Source Reduction and Recycling Element
PRC
41787 et seq., Rural Assistance
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