Farm, ranch, and public lands cleanup and abatement: grant program.

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION Senate Bill No. 367 Introduced by Senator Seyarto February 08, 2023 An act to add and repeal Chapter 2.7 (commencing with Section 48200) of Part 7 of Division 30 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST SB 367, as introduced, Seyarto. State and Federal Land Solid Waste Removal and Cleanup Pilot Program. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates solid waste disposal, management, and recycling. The act authorizes a local governmental agency to determine aspects of solid waste handling that are of local concern, including, but not limited to, fees to charge and the extent of providing solid waste handling services. Existing law makes it unlawful to dump waste matter in specific locations, including upon a public park or other public property. Existing law requires the department to establish a grant program for certain entities to clean up and abate the effects of solid waste illegally disposed of on farm or ranch property. This bill would, upon a sufficient appropriation to implement its provisions, require the department to establish a 5-year pilot program for the removal and cleanup of solid waste illegally dumped on state or federal land in specified counties, as described. The bill would require those counties to administer the pilot program, including, among other things, by reimbursing local waste facilities for waiving certain fees, thereby imposing a state-mandated local program. The bill would create the State and Federal Land Solid Waste Removal and Cleanup Account in the General Fund. The bill would require the department to award funds, upon appropriation from that account, to those counties in amounts sufficient to cover their costs to administer the pilot program. The bill would specify related matters. The bill would make its provisions operative upon appropriation and repeal them on January 1, 2030. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make legislative findings and declarations as to the necessity of a special statute for the counties of Alpine, Del Norte, El Dorado, Fresno, Imperial, Inyo, Madera, Mariposa, Modoc, Mono, Monterey, Nevada, Placer, Plumas, Riverside, San Bernardino, Santa Barbara, Shasta, Sierra, Siskiyou, Trinity, Tulare, Tuolumne, and Ventura. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Chapter 2.7 (commencing with Section 48200) is added to Part 7 of Division 30 of the Public Resources Code, to read: CHAPTER 2.7. State and Federal Land Solid Waste Removal and Cleanup Pilot Program 48200. (a) The Legislature finds and declares that the illegal dumping or abandonment of solid waste on state and federal land near the property of innocent private individuals is a longstanding problem needing attention. (b) It is the intent of the Legislature in enacting this act to enable dump fees to be waived for private individuals who remove, clean up, and transport to local facilities solid waste that has been illegally dumped or abandoned on state and federal land. 48201. For purposes of this chapter, the following definitions apply: (a) “Department” means the Department of Resource Recycling and Recovery. (b) “Government official” means an employee of a local, state, or federal agency that partners with the department or a participating county for purposes of the pilot program. (c) “Illegal dumping” means disposing or abandoning solid waste at a site not authorized for that purpose under any law or regulation. (d) “Local facility” means an authorized solid waste operation, or a municipal facility or operation that accepts solid waste consistent with state and local regulations. (e) “Participating county” includes Alpine, Del Norte, El Dorado, Fresno, Imperial, Inyo, Madera, Mariposa, Modoc, Mono, Monterey, Nevada, Placer, Plumas, Riverside, San Bernardino, Santa Barbara, Shasta, Sierra, Siskiyou, Trinity, Tulare, Tuolumne, and Ventura. (f) “Person” means a private individual who undertakes the removal and cleanup of solid waste at a site. (g) “Pilot program” means the State and Federal Land Solid Waste Removal and Cleanup Pilot Program established pursuant to this chapter. (h) “Site” means the place, tract of land, area, or premises on state or federal land upon which illegal dumping has occurred. (i) “Solid waste” has the same meaning as defined in Section 40191. 48202. (a) The department, in cooperation with each participating county, shall establish a five-year pilot program for the removal and cleanup of solid waste on state and federal land. The department shall implement the pilot program in the following counties: Alpine, Del Norte, El Dorado, Fresno, Imperial, Inyo, Madera, Mariposa, Modoc, Mono, Monterey, Nevada, Placer, Plumas, Riverside, San Bernardino, Santa Barbara, Shasta, Sierra, Siskiyou, Trinity, Tulare, Tuolumne, and Ventura. (b) The department may restrict the state and federal land which is subject to the pilot program and otherwise regulate any aspect of the pilot program that is necessary to ensure the pilot program’s success, to minimize risks to public health and safety, and to address illegal dumping. 48203. (a) The department, in cooperation with each participating county, shall do all the following: (1) Identify local, state, and federal programs or agencies, as necessary to implement the pilot program. (2) Ensure that the pilot program includes the following elements and goals: (A) Reporting by a person, through a single or county-specific web-based or other portal, of the site location, a description of the solid waste at the site, the local facility where the person intends to transport the solid waste for disposal, and the date and time proposed for the removal and cleanup of the solid waste at the site. (B) A government official meeting the person at the site to authenticate the removal and cleanup and to issue an official dump fee waiver to the person. The official dump fee waiver shall include, at minimum, the site location and a description of the solid waste removed from the site. (C) Waiver of dump fees by a local facility upon presentation of the dump fee waiver issued pursuant to subparagraph (B) and confirmation by the local facility that the solid waste described in the waiver matches the solid waste being disposed of at the local facility. (3) Provide ongoing assistance to participating counties to ensure the pilot program is uniformly administered across the participating counties. (4) Provide public education and outreach related to the pilot program. (5) Award funds to each participating county in amounts sufficient to fund all costs incurred by each county to administer the pilot program. (b) The department and participating counties may contract or partner with local, state, or federal agencies for the services described in subparagraph (B) of paragraph (2) of subdivision (a). 48204. (a) A participating county shall do both of the following each year of the pilot program: (1) Pursuant to subdivision (b), reimburse local facilities for their dump fee waiver costs. (2) Report to the department the number of dump fee waivers issued and the costs to the participating county of administering the pilot program. (b) A participating county shall apply each year to the department for reimbursement of its reported costs. 48205. (a) A local facility shall, each year of the pilot program, accept solid waste from any person who presents a valid fee waiver pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 48203, without charging the person any fees or passing any of the waived fees to another person. (b) A local facility shall, each year of the pilot program, apply to the participating county in which the local facility is located for reimbursement of its fee waiver costs. 48206. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this chapter, in whole or in part, by means of policy letters, all-county letters, plan letters, memorandums of understanding, or other similar instructions, without taking regulatory action. 48207. The department shall report to the Governor, and to the Legislature pursuant to Section 9795 of the Government Code, each year of the pilot program on the costs and effectiveness of the pilot program, including all of the following: (a) The actions taken by the department. (b) The number of sites where removal or cleanup activities occurred in each participating county. (c) The types of solid waste removed or cleaned up. (d) The amount of funding provided to each participating county. 48208. The State and Federal Land Solid Waste Removal and Cleanup Account is hereby created in the General Fund. Moneys in the account may be expended by the department, upon appropriation by the Legislature in the annual Budget Act, for the purposes of this chapter. Any costs incurred by participating counties pursuant to this chapter shall, upon appropriation, be reimbursed from this account. 48209. (a) Nothing in this chapter relieves any party responsible for generating or illegally dumping solid waste from liability for costs if the party can be identified. (b) Nothing in this chapter relieves any party from the responsibility to conduct removal and cleanup activities in compliance with existing laws governing the handling of solid wastes, hazardous wastes, liquid wastes, or medical wastes, as appropriate. 48210. (a) This chapter shall become operative upon appropriation by the Legislature in the annual Budget Act of sufficient funds to implement the pilot program established pursuant to this chapter. (b) Upon appropriation by the Legislature, the department shall establish the pilot program no later than January 1, 2025, and shall post a notice on its internet website informing the public and participating counties of the date the first year of the program became operative. 48211. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to remove and clean up solid waste caused by illegal dumping on state and federal lands in rural areas in, due to the higher percentages of state and federal lands in rural areas, the following counties: Alpine, Del Norte, El Dorado, Fresno, Imperial, Inyo, Madera, Mariposa, Modoc, Mono, Monterey, Nevada, Placer, Plumas, Riverside, San Bernardino, Santa Barbara, Shasta, Sierra, Siskiyou, Trinity, Tulare, Tuolumne, and Ventura.