SECTIONS 40501-40511 - California Statutes

PUBLIC RESOURCES CODE

SECTION 40501-40511

40501. The Department of Resources Recycling and Recovery may hold
any hearings and conduct any investigations in any part of the state
necessary to carry out its powers and duties.

40502. (a) The board shall adopt rules and regulations, as
necessary, to carry out this division in conformity with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The board shall make available to any person,
upon request, copies of proposed regulations.
(b) (1) The board shall adopt regulations regarding city, county,
and regional agency source reduction and recycling elements and
nondisposal facility elements, required to be submitted to the board
pursuant to Section 41791.5, which shall be deemed to be emergency
regulations and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of public peace,
health and safety, or general welfare. These emergency regulations
shall not alter the deadlines for the submission of countywide and
regional agency integrated waste management plans specified in
Section 41791.
(2) Prior to adopting the emergency regulations required pursuant
to paragraph (1), the board shall do all of the following:
(A) Make available to any person, upon request, a copy of the
proposed regulations at least 30 days prior to adoption.
(B) Hold at least two public hearings in different parts of the
state in order to receive public comment on the regulations.
(C) Publish notice in the California Regulatory Notice Register of
the proposed adoption of the emergency regulations, the identity of
a contact person at the board from whom copies of the proposed
regulations may be obtained, and the dates, times, and locations of
the public hearings that are required pursuant to subparagraph (B).
(c) Any emergency regulations adopted by the board pursuant to
paragraph (1) of subdivision (b) shall be filed with the Office of
Administrative Law at the earliest feasible date, but not later than
December 31, 1993. Notwithstanding subdivision (e) of Section 11346.1
of the Government Code, any emergency regulations adopted pursuant
to paragraph (1) of subdivision (b) shall remain in effect for not
more than three years from the date of adoption.

40503. The board shall maintain its headquarters in the County of
Sacramento, and may establish regional offices in any part of the
state that the board deems necessary.

40505. In order to carry out its powers and duties under this
chapter, the board may enter into any contracts that the board
determines to be necessary.

40506. The board may accept grants, gifts and donations for the
purposes specified in this division.

40506.1. (a) Notwithstanding any other provision of law, the board
may sell any of its loans made pursuant to this division on the
secondary market and may pool its loans. All proceeds shall be
deposited into the same accounts into which the loan repayments from
each loan would have been deposited, and the use of the proceeds
shall be limited to the authorized uses of these accounts.
(b) The board shall not sell its loans pursuant to this section if
the loan sale results in more than a 25-percent discount of the
principal amount, excluding any expenses or reserves required as a
condition of the loan sale.

40506.5. (a) The Director of Resources Recycling and Recovery, with
approval of the Director of Finance, may accept, on behalf of the
Department of Resources Recycling and Recovery and its various
divisions, federal grants for the purposes for which the Department
of Resources Recycling and Recovery is established. The grants shall
be deposited in the Special Deposit Fund in the State Treasury
provided for by Section 16370 of the Government Code, and may be
expended under those terms and conditions as may be required by the
federal government.
(b) Whenever the Department of Resources Recycling and Recovery
has received and deposited any money in the State Treasury to the
credit of the General Fund in an excessive amount or in error, or
whenever a refund of all or a portion of that money is due a person,
firm, or corporation because of the termination of an agreement or
other lawful reasons, payment of the refund shall be made upon the
filing of a claim by the Director of Resources Recycling and Recovery
with the Controller. The Controller shall draw a warrant for payment
of the refund from any appropriation made for that purpose.

40506.7. For the purposes of disseminating information relating to
its activities, powers, duties, or functions, the Department of
Resources Recycling and Recovery may issue publications, construct
and maintain exhibits, and perform acts and carry out functions that
in the opinion of the Director of Resources Recycling and Recovery
will best disseminate the information. The publications may be
distributed free of charge to public libraries and to other state
departments and state officers. The Department of Resources Recycling
and Recovery may exchange copies with contemporary publications. All
money received by the Department of Resources Recycling and Recovery
from the sale of publications, exclusive of money received by any
separate division of the department from the sale of publications,
shall be paid into the State Treasury to the credit of the General
Fund.

40507. (a) On or before March 1 of each year, the board shall file
an annual report with the Legislature highlighting significant
programs or actions undertaken by the board to implement programs
pursuant to this division during the prior calendar year. The report
shall include, but is not limited to, the information described in
subdivision (b).
(b) Commencing January 1, 1997, the board shall file annual
progress reports with the Legislature covering the activities and
actions undertaken by the board in the prior fiscal year. The board
shall prepare, and may electronically file with the Legislature, the
progress reports throughout the calendar year, as determined by the
board, on the following programs:
(1) The local enforcement agency program.
(2) The research and development program.
(3) The public education program.
(4) The market development program.
(5) The used oil program.
(6) The planning and local assistance program.
(7) The site cleanup program.
(c) The progress report shall specifically include, but is not
limited to, all of the following information:
(1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:
(A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section 42650) of
Part 3.
(B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.
(C) A report on the progress in implementing the monitoring and
control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations, as
needed, to improve the program.
(D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant to
Chapter 17 (commencing with Section 42860) of Part 3.
(3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:
(A) A review of actions taken by the board to educate and inform
individuals and public and private sector entities who generate solid
waste on the importance of source reduction, recycling, and
composting of solid waste, and recommendations for administrative or
legislative actions which will inform and educate these parties.
(B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12 (commencing
with Section 42600) of Part 3, including recommendations on
administrative and legislative changes to improve the program.
(C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant to
Chapter 12.5 (commencing with Section 42620) of Part 3, including
recommendations on administrative and legislative changes to improve
the program's effectiveness.
(D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan implemented
pursuant to Part 4 (commencing with Section 71300) of Division 34,
including recommendations on administrative and legislative changes
which will improve the program.
(E) A summary of available and wanted materials, a profile of the
participants, and the amount of waste diverted from disposal sites as
a result of the California Materials Exchange Program established
pursuant to subdivision (a) of Section 42600.
(4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:
(A) A review of market development strategies undertaken by the
board pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions which will
promote expansion of those markets. The recommendations shall
include, but not be limited to, all of the following:
(i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.
(ii) Recommendations for actions which can be taken to assist
local governments in the inclusion of recycling activities in county
overall economic development plans.
(iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.
(iv) Recommendations to improve state, local, and private industry
product and material procurement practices.
(B) Development and implementation of a program to assist local
agencies in the identification of markets for materials that are
diverted from disposal facilities through source reduction,
recycling, and composting pursuant to Section 40913.
(C) A report on the Recycling Market Development Zone Loan Program
conducted pursuant to Article 3 (commencing with Section 42010) of
Chapter 1 of Part 3.
(D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part 3.
(E) A report on the progress in developing and implementing the
comprehensive Market Development Plan, pursuant to Article 2 of
Chapter 1 (commencing with Section 42005) of Part 3.
(F) The number of retreaded tires purchased by the Department of
General Services during the prior fiscal year pursuant to Section
42414.
(G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42415 to determine
if tire retreads, procured by the Department of General Services,
have met all quality and performance criteria of a new tire,
including any recommendations to expand, revise, or curtail the
program.
(H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services pursuant
to Section 42443.
(I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of Section 12162 of the Public Contract Code.
(J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with Section
42560) of Part 3.
(5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:
(A) A report on the annual audit of the used oil recycling program
established pursuant to Chapter 4 (commencing with Section 48600) of
Part 7.
(B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter 4
(commencing with Section 48600) of Part 7, recommendations, if any,
for statutory changes to the program, including changes in the
amounts of the payment required by Section 48650 and the recycling
incentive, and plans for present and future programs to be conducted
over the next two years.
(6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:
(A) The development by the board of the model countywide or
regional siting element and model countywide or regional agency
integrated waste management plan pursuant to Section 40912, including
its effectiveness in assisting local agencies.
(B) The adoption by the board of a program to provide assistance
to cities, counties, or regional agencies in the development and
implementation of source reduction programs pursuant to subdivision
(c) of Section 40912.
(C) The development by the board of model programs and materials
to assist rural counties and cities in preparing city and county
source reduction and recycling elements pursuant to Section 41787.3.
(D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.
(E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and
cities will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:
(i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.
(ii) Assistance in developing alternative methods of source
reduction, recycling, and composting of solid waste suitable for
rural local governments.
(F) A report on the status and implementation of the "Buy Recycled"
program established pursuant to subdivision (d) of Section 42600,
including the waste collection and recycling programs established
pursuant to Sections 12164.5 and 12165 of the Public Contract Code.
(7) Pursuant to paragraph (7) of subdivision (b), a description of
sites cleaned up under the Solid Waste Disposal and Codisposal Site
Cleanup Program established pursuant to Article 2.5 (commencing with
Section 48020) of Chapter 2 of Part 7, a description of remaining
sites where there is no responsible party or the responsible party is
unable or unwilling to pay for cleanup, and recommendations for any
needed legislative changes.

40507.1. (a) As part of the annual report required to be submitted
by the board to the Legislature pursuant to Section 40507 on or
before March 1, 2003, the board shall include a report on new and
emerging conversion technologies, including, but not limited to,
noncombustion thermal technologies, including gasification and
pyrolysis, chemical technologies such as acid hydrolysis or
distillation, and biological technologies, other than composting,
such as enzyme hydrolysis. The board shall only evaluate those
conversion technologies that provide demonstrated environmental
benefits over the transformation and disposal of solid waste.
(b) The report required by subdivision (a) shall contain all of
the following:
(1) Specific and discrete definitions and descriptions of each
conversion technology evaluated.
(2) A description and evaluation of the life-cycle environmental
and public health impacts of each conversion technology in comparison
to those environmental and public health impacts from the
transformation and disposal of solid waste.
(3) A description and evaluation of the technical performance
characteristics, feedstocks, emissions, and residues used by each
conversion technology and identification of the cleanest, least
polluting conversion technologies.
(4) A description and evaluation of the impacts on the recycling
and composting markets as a result of each conversion technology.
(c) The board shall require that the report be subject to an
external scientific peer review process conducted pursuant to Section
57004 of the Health and Safety Code.
(d) The board shall consult with the State Energy Resources
Conservation and Development Commission and other state, federal, or
international governmental agencies in preparing the report required
by this section.

40508. The board is designated as the state solid waste management
agency for all purposes stated in the Federal Resource Conservation
and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.) and any other
federal act heretofore or hereafter enacted affecting solid waste.

40509. The board may render technical assistance and make
recommendations concerning potential solid waste disposal sites upon
the request of the board of supervisors of any county. The board may
request any state agency to assist the board in rendering technical
assistance and making recommendations pursuant to this section.

40510. The board shall use a rollcall vote for all official board
decisions, including, but not limited to, approval, denial, or
amendment of integrated waste management plans, exemptions, time
extensions, approval, denial, and amendment of any permits issued
pursuant to a vote of the board and other appropriate decisions. The
rollcall votes shall be included in the minutes of the board's
meetings.

40511. (a) Notwithstanding Section 7550.5 of the Government Code,
on or before December 1, 2000, the board, in consultation with the
Department of Conservation, shall prepare and submit to the
Legislature a report that identifies any duplication or overlap
between the following programs authorized under this division and
Division 12.1 (commencing with Section 14500) administered and funded
by the two agencies:
(1) Public information and education programs.
(2) Local government review and assistance programs.
(3) Recycled materials market development programs.
(b) The report shall include, but not be limited to, suggested
legislation, budget actions, or administrative actions that could be
taken to eliminate duplication or overlap between the two agencies
and programs.