SECTIONS 41732-41736 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41732-41736

41732. (a) City, county, and regional agency nondisposal facility
elements prepared pursuant to Section 41730, 41731, or 41750.1, as
the case may be, shall include a description of any new solid waste
facilities and the expansion of existing solid waste facilities that
will be needed to implement the jurisdiction's source reduction and
recycling element and to thereby meet the diversion requirements of
Section 41780. The nondisposal facility element may include the
identification of specific locations or general areas for new solid
waste facilities that will be needed to implement the jurisdiction's
source reduction and recycling element.
(b) In complying with the requirements of subdivision (a), the
jurisdiction shall utilize the pertinent information that is
available to it at the time that the nondisposal facility element is
prepared.

41733. Nondisposal facility elements prepared pursuant to this
chapter shall include all solid waste facilities and solid waste
facility expansions, except disposal facilities and transformation
facilities, which will recover for reuse or recycling at least 5
percent of the total volume of material received by the facility.
Transfer stations which recover less than 5 percent of the volume of
materials received for reuse or recycling shall be included in the
element. However, the portions of the element describing these
facilities shall not be subject to board approval.

41734. (a) (1) Prior to adopting or amending a nondisposal facility
element, the city, county, or regional agency shall submit the
element or amendment to the task force created pursuant to Section
40950 for review and comment.
(2) Prior to adopting or amending a regional agency nondisposal
facility element, if the jurisdiction of the regional agency extends
beyond the boundaries of a single county, the regional agency shall
submit the element or amendment for review and comment to each task
force created pursuant to Section 40950 of each county within the
jurisdiction of the regional agency.
(b) Comments by the task force shall include an assessment of the
regional impacts of potential diversion facilities and shall be
submitted to the city , county, or regional agency and to the board
within 90 days of the date of receipt of the nondisposal facility
element for review and comment.

41735. (a) Notwithstanding Division 13 (commencing with Section
21000), the adoption or amendment of a nondisposal facility element
shall not be subject to environmental review.
(b) Local agencies may impose a fee on project proponents to fund
their necessary and actual costs of preparing and approving
amendments to nondisposal facility elements.

41736. It is not the intent of the Legislature to require cities
and counties to revise their source reduction and recycling elements
to comply with the requirements of this chapter. At the time of the
five-year revision of the source reduction and recycling element,
each city, county, and city and county shall incorporate the
nondisposal facility element and any amendments thereto into the
revised source reduction and recycling element.