SECTIONS 40900-40901 - California Statutes

PUBLIC RESOURCES CODE

SECTION 40900-40901

40900. (a) The Legislature finds that integrated waste management
plans prepared and adopted by local agencies shall conform, to the
maximum extent possible to the policies and goals established under
Article 1 (commencing with Section 40000) and Article 2 (commencing
with Section 40050) of Chapter 1 of Part 1.
(b) The Legislature finds that decisions involving the
establishment or expansion of solid waste facilities should be guided
by an effective planning process, including meaningful public and
private solid waste industry participation.
(c) The Legislature declares that it is the policy of the state
and the intent of the Legislature that each state, regional, and
local agency concerned with the solid waste facility planning and
siting process involve the public through public hearings and
informative meetings and that, at those hearings and other public
forums, the public be granted the opportunity to respond to clearly
defined alternative objectives, policies, and actions.
(d) The Legislature further declares that it is the policy of the
state and the intent of the Legislature to foster and encourage
private solid waste enterprises. In furtherance of that policy, it is
the intent of the Legislature that each state, regional, and local
agency concerned with the solid waste facility planning and siting
process involve the private solid waste industry.

40900.1. The Legislature hereby further finds and declares all of
the following:
(a) It is important to encourage state agencies to plan and
implement programs that will reduce the amount of solid waste going
to disposal facilities through source reduction, recycling, and
composting.
(b) Local agencies, other than a host jurisdiction, and federal
agencies should be encouraged to plan and implement programs that
will reduce the amount of solid waste going to disposal facilities
through source reduction, recycling, and composting.
(c) Each state agency shall, to the extent feasible and within
existing budgetary constraints, develop and implement source
reduction, recycling, and composting programs that will reduce the
amount of solid waste going to disposal facilities. Those programs
shall be consistent with Executive Order W-7-91, which ordered state
agencies to establish recycling programs, reduce paper waste,
purchase recycled products, and implement measures that minimize the
generation of waste.
(d) Local, state, and federal agencies generating solid waste that
is sent to a host jurisdiction for disposal should be encouraged to
provide the host jurisdiction with information on the amount of solid
waste and regarding any solid waste source reduction, recycling, or
composting programs that have been implemented by the agency, to
assist the host jurisdiction in developing and implementing the
planning requirements of this division.

40901. (a) The following shall apply with regard to the
preparation, revision, and implementation of source reduction and
recycling elements pursuant to this part:
(1) To determine solid waste amounts in the base year and in the
first locally adopted source reduction and recycling element, cities,
counties, and regional agencies shall quantify all solid waste
generated. For the purposes of this requirement, solid waste
generated is equal to existing disposal plus existing diversion,
unless modification to these amounts is required pursuant to Section
41801.5.
(2) To determine solid waste amounts in subsequent elements, and
for the purposes of determining whether the diversion requirements of
Section 41780 have been met, cities, counties, and regional agencies
shall report the amounts of solid waste disposed of at permitted
disposal facilities. For these purposes, cities, counties, and
regional agencies are not required to quantify the amounts of solid
waste which have been diverted from disposal through recycling or
composting, except for diversion which results from recycling and
composting programs which are operated or funded by cities, counties,
or regional agencies.
(3) For revisions of the documents specified in Sections 41032,
41033, 41050, 41070, 41072, 41200, 41260, 41350, 41352, 41370, 41372,
41400, 41402, and 41460, cities, counties, and regional agencies
shall follow the procedures identified in paragraph (2).
(b) Cities and counties which choose to form a regional agency
shall not be required to revise source reduction and recycling
elements which were complete at the time of the formation of the
regional agency. Any revisions which are needed to reflect program
and other changes caused by the formation of a regional agency shall
be reflected in the revised source reduction and recycling element
submitted by the regional agency at the time of the five-year
revision.