reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 6 - Miscellaneous › Section 37021.

37021. (a) If any property approved for acceptance pursuant to this division is later transferred by the donee, the use of the property shall be restricted by deed to the conservation purposes for which the property was contributed pursuant to the program. If the board determines that the conservation purposes for which the property was contributed can no longer be achieved due to significantly changed circumstances beyond the control of the donee that accepted the property, the proceeds of the sale shall be used by the donee that accepted the property to acquire land in California of equal or greater value and comparable public resources values, as determined by the board. The land acquired shall meet the criteria of Section 37015. Nothing in this division prohibits the transfer of donated property to a nonprofit organization that is qualified to manage the property for the purposes intended by this division, if the terms of this section are met. Any local government or nonprofit organization seeking to sell land pursuant to this subdivision shall first obtain the approval of the board.
(b) Other than as provided by subdivision (a), property approved for acceptance pursuant to this division shall be used only for purposes consistent with Section 37015.
(c) (1) If any unauthorized use is made of the property after the property is donated to a local government or nonprofit organization pursuant to this program, the local government or nonprofit organization shall seek to terminate the unauthorized use and restore the conservation benefits for which the property was contributed. If the board determines that the unauthorized use has not been terminated and the conservation benefits fully restored within a reasonable period of time, the fee title owner of the property shall pay to the state the greater of the following:
(A) The fair market value of the property based on appraisals when accepted by the board.
(B) The fair market value of the property based on appraisals at the time of and based on the unauthorized use of the property.
(2) The department that is the donee or the board may seek injunctive relief to prevent the unauthorized use of the property, or may assume ownership or management of the property to assure that it is used in the manner originally authorized.
(d) The board shall develop a process to monitor the uses of any land that a local government or nonprofit organization receives pursuant to this division in order to ensure those uses are in conformance with the purposes for which the property is accepted.
(Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 10. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 6 - Miscellaneous › Section 37022.

37022. (a) Tax credits may be awarded pursuant to this division only if the amount of all lost revenue resulting from the award of tax credits is reimbursed by transfer to the General Fund of moneys that are not from the General Fund. Tax Credits shall not be awarded subsequent to the 2014–15 fiscal year without further statutory authorization.
(b) For purposes of this section, “moneys that are not from the General Fund” means any of the following:
(1) State bond funds as described in Section 37032.
(2) State funds available for the purposes of this division, other than funds specified in Section 37014.
(3) Court settlements.
(4) Private or public donations.
(5) Local government funds of any type.
(6) Federal funds available for the purposes of this division.
(Amended by Stats. 2009, Ch. 220, Sec. 3. (AB 94) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 6 - Miscellaneous › Section 37023.

37023. The donee shall allow public access to the property to the extent that public access is consistent with the purposes for which the property is accepted. Before providing public access to the property, the donee shall develop a plan that minimizes the impact of public access on adjacent landowners in order to avoid infringement on the customary husbandry practices on adjacent or nearby agricultural or timber operations and that establishes a setback or buffer area, as necessary. This section does not require access to privately owned lands for which a conservation easement is contributed pursuant to this division unless the conservation easement provides for public access.
(Added by Stats. 2000, Ch. 900, Sec. 11. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 6 - Miscellaneous › Section 37024.

37024. If the city, county, or city and county in which the property is located objects to acceptance of the property, the city, county, or city and county, as appropriate, may request the Director of Finance to disapprove the acceptance of the property. These objections may relate to the city’s, county’s, or city and county’s conservation and development policies and their general plans, the efficient use and delivery of infrastructure, and the potential loss of property tax revenue. The Director of Finance may disapprove acceptance after reviewing the objections of the city, county, or city and county. The Director of Finance shall provide a written explanation for his or her decision to the affected city, county, or city and county.
(Added by Stats. 2000, Ch. 900, Sec. 12. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 6 - Miscellaneous › Section 37025.

37025. Any donee accepting property pursuant to the program shall own and maintain any setback or buffer area that may be necessary for the use of that property in accordance with this division, in order to avoid infringement on the customary husbandry practices on adjacent or nearby agricultural or timber operations.
(Added by Stats. 2000, Ch. 900, Sec. 13. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 7 - Bond Funds › Section 37030.

37030. The Legislature finds and declares all of the following:
(a) Current justifiable needs for the acquisition of property for environmental purposes substantially exceed state-approved bond funds available for these purposes.
(b) The Natural Heritage Preservation Tax Credit Act of 2000 authorizes the acquisition of qualified property through donations eligible for a credit against the personal income or bank and corporation tax in an amount equal to 55 percent of the fair market value of any qualified contribution.
(c) Where property owners are able to utilize this tax credit, state acquisition costs are nearly halved.
(d) Authorizing the expenditure of bond funds to acquire property using these tax credits will significantly expand the acquisition power of existing bond funds.
(Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 7 - Bond Funds › Section 37031.

37031. (a) For bond provisions listed in paragraphs (1) to (3), inclusive, of subdivision (c) of Section 37032, “purpose” means scheme and design.
(b) For bond provisions listed in paragraphs (4) to (11), inclusive, of subdivision (c) of Section 37032, “purpose” means scope and effect.
(c) For bond funds eligible to be used under this chapter, pursuant to paragraph (12) of subdivision (c) of Section 37032, if the bond act is passed by initiative, “purpose” shall be defined pursuant to subdivision (b), but if the bond act is not passed by initiative, “purpose” shall be defined pursuant to subdivision (a).
(d) For purposes of this chapter, “property” means property as defined in subdivision (j) of Section 37002 that is acquired pursuant to this division using bond funds in accordance with this chapter.
(Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 7 - Bond Funds › Section 37032.

37032. (a) If a department or local government identifies property that may be acquired pursuant to this division and determines that the acquisition would comply with the purpose of a bond provision listed in subdivision (c) and any applicable guidelines developed for that bond provision by the administering agency, and all of the requirements of this division are met and the department or local government acquires the property pursuant to this division, the department or local government may expend funds from the bond provision that have been appropriated, allocated, or awarded to it, to acquire the property using the tax credit provided by this division.
(b) The applicable bond provisions from which a department or local government may use bond funds to acquire property using the tax credit provided by this division do not include grants of bond funds distributed through a competitive process.
(c) The applicable bond provisions from which a department or local government may expend bond funds pursuant to subdivision (a) are the following:
(1) Section 5096.615.
(2) Subdivision (a) or (b), or paragraph (1) of subdivision (c), of Section 5096.650.
(3) Funds under paragraph (2) of subdivision (c) of Section 5096.650 that are to be expended pursuant to paragraph (6) of subdivision (b) of Section 31220.
(4) Section 79541 of the Water Code.
(5) Section 79542 of the Water Code.
(6) Section 79544 of the Water Code.
(7) Subdivision (e) or (f) of Section 79550 of the Water Code.
(8) Section 79565 of the Water Code.
(9) Section 79568 of the Water Code.
(10) Section 79570 of the Water Code.
(11) Section 79572 of the Water Code.
(12) Other bond funds, if the bond act specifies that its funds may be used for the purposes of this division.
(Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 7 - Bond Funds › Section 37036.

37036. (a) The Natural Heritage Preservation Tax Credit Reimbursement Account is established in the General Fund to receive moneys paid pursuant to this chapter.
(b) Moneys in the Natural Heritage Preservation Tax Credit Reimbursement Account shall be used only to reimburse the General Fund as determined by the departments pursuant to paragraph (1) of subdivision (b) of Section 37034.
(c) Upon receipt of funds in the Natural Heritage Preservation Tax Credit Reimbursement Account and notification to the Legislature, the Controller shall transfer, within 60 days of the notification, the balance of the Natural Heritage Preservation Tax Credit Reimbursement Account to the General Fund.
(d) The moneys in the Natural Heritage Preservation Tax Credit Reimbursement Account may not be loaned to another fund and may not accrue interest.
(Amended by Stats. 2008, Ch. 760, Sec. 19. Effective September 30, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 7 - Bond Funds › Section 37038.

37038. If the board is the department that receives moneys pursuant to any of the bond provisions listed in subdivision (c) of Section 37032 and the board wishes to use those bond funds to acquire property pursuant to this division using those bond funds, the board shall make separate determinations regarding whether the acquisition of that property would comply with the purpose of the applicable bond provision and any applicable guidelines developed for that bond provision by the administering agency, and whether the acquisition would comply with the requirements of this division.
(Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 7 - Bond Funds › Section 37040.

37040. (a) The board shall notify the Controller, the Treasurer, and the relevant department of the information listed in subdivision (b) after the board receives notification from the Franchise Tax Board pursuant to Section 19560 of the Revenue and Taxation Code that a person is claiming a tax credit under this chapter.
(b) The board shall provide all of the following information:
(1) The bond fund and specific provision of the bond act under which the credit is being claimed.
(2) The project name, appropriation under which the credit was encumbered, and, if applicable, the related local government.
(3) The department that will transfer the appropriate bond funds to the Natural Heritage Preservation Tax Credit Reimbursement Account.
(4) The amount of the tax credit for that tax year.
(Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 28 - NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 › CHAPTER 7 - Bond Funds › Section 37042.

37042. The Legislature finds and declares that the expenditure of bond funds pursuant to this chapter does not constitute the use of bond proceeds or other indebtedness to pay a year-end state budget deficit, as prohibited by subdivision (c) of Section 1.3 of Article XVI of the California Constitution.
(Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Findings and Declarations › Section 40000.

40000. The Legislature hereby finds and declares all of the following:
(a) In 1988, Californians disposed of over 38 million tons of solid waste, an amount that is expected to grow if existing solid waste policies are continued. This amounts to more than 1,500 pounds of waste per person living in the state, more than any other state in the country and over twice the per-capita rate of most other industrialized countries.
(b) Over 90 percent of California’s solid waste currently is disposed of in landfills, some of which pose a threat to groundwater, air quality, and public health.
(c) While California will exhaust most of its remaining landfill space by the mid-1990s, there presently is no coherent state policy to ensure that the state’s solid waste is managed in an effective and environmentally sound manner for the remainder of the 20th century and beyond.
(d) The amount of solid waste generated in the state coupled with diminishing landfill space and potential adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies to enact and implement an aggressive new integrated waste management program.
(e) The reduction, recycling, or reuse of solid waste generated in the state will, in addition to preserving landfill capacity in California, serve to conserve water, energy, and other natural resources within this state, and to protect the state’s environment.
(Amended by Stats. 2004, Ch. 183, Sec. 300. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Findings and Declarations › Section 40001.

40001. (a) The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments. The state shall exercise its legal authority in a manner that ensures an effective and coordinated approach to the safe management of all solid waste generated within the state and shall oversee the design and implementation of local integrated waste management plans.
(b) The Legislature further declares that it is the policy of the state to assist local governments in minimizing duplication of effort, and in minimizing the costs incurred, in implementing this division through the development of regional cooperative efforts and other mechanisms which comply with this division.
(c) The Legislature further declares that market development is the key to successful and cost-effective implementation of the 25-percent and 50-percent diversion requirements required pursuant to Section 41780, and that the state must take a leadership role, pursuant to Chapter 1 (commencing with Section 42000) of Part 3, in encouraging the expansion of markets for recycled products by working cooperatively with the public, private, and nonprofit sectors.
(Amended by Stats. 1997, Ch. 672, Sec. 1. Effective January 1, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Findings and Declarations › Section 40002.

40002. (a) As an essential part of the state’s comprehensive program for solid waste management, and for the preservation of health and safety, and the well-being of the public, the Legislature declares that it is in the public interest for the state, as sovereign, to authorize and require local agencies, as subdivisions of the state, to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs consistent with the policies, standards, and requirements of this division and all regulations adopted pursuant to this division. This division, which authorizes and requires local agencies to provide adequate solid waste handling and services, and the actions of local agencies taken pursuant to this division, are intended to implement this state policy.
(b) The Legislature further declares that restrictions on the disposal of solid waste that discriminate on the basis of the place of origin of the waste are an obstacle to, and conflict with, statewide and regional policies to ensure adequate and appropriate capacity for solid waste disposal.
(Amended by Stats. 2012, Ch. 526, Sec. 1. (AB 845) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Findings and Declarations › Section 40003.

40003. Nothing in this division abrogates, limits, or otherwise affects the duties of the Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act, Division 12.1 (commencing with Section 14500).
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Findings and Declarations › Section 40004.

40004. (a) The Legislature finds and declares all of the following:
(1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity.
(2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41780.01 and the commercial solid waste recycling requirement expressed in Section 42649.
(3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion rate exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved.
(b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state’s overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting of materials diverted from the solid waste stream.
(c) By setting new commercial solid waste recycling requirements in Section 42649, the Legislature does not intend to limit a right afforded to local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of a local government or solid waste enterprise with regard to a solid waste handling franchise or contract.
(Added by Stats. 2011, Ch. 476, Sec. 2. (AB 341) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40050.

40050. This division shall be known and may be cited as the California Integrated Waste Management Act of 1989.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40051.

40051. In implementing this division, the board and local agencies shall do both of the following:
(a) Promote the following waste management practices in order of priority:
(1) Source reduction.
(2) Recycling and composting.
(3) Environmentally safe transformation and environmentally safe land disposal, at the discretion of the city or county.
(b) Maximize the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by transformation and land disposal. For wastes that cannot feasibly be reduced at their source, recycled, or composted, the local agency may use environmentally safe transformation or environmentally safe land disposal, or both of those practices.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40052.

40052. The purpose of this division is to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources, to protect the environment, to improve regulation of existing solid waste landfills, to ensure that new solid waste landfills are environmentally sound, to improve permitting procedures for solid waste management facilities, and to specify the responsibilities of local governments to develop and implement integrated waste management programs.
(Amended by Stats. 1993, Ch. 656, Sec. 1. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40053.

40053. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of a city, county, or district to impose and enforce reasonable land use conditions or restrictions on solid waste management facilities in order to prevent or mitigate potential nuisances, if the conditions or restrictions do not conflict with or impose lesser requirements than the policies, standards, and requirements of this division and all regulations adopted pursuant to this division.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40054.

40054. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of the Attorney General, on the request of the board, the state water board, a regional water board, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin any health hazard, pollution, or nuisance.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40055.

40055. (a) This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer, including, but not limited to, the exercise by the state water board or the regional water boards of any of their powers and duties pursuant to Division 7 (commencing with Section 13000) of the Water Code, the exercise by the Department of Toxic Substances Control of any of its powers and duties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and the exercise by the State Air Resources Board or any air pollution control district or air quality management district of any of its powers and duties pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code.
(b) The exercise of authority under this division, including, but not limited to, the adoption of regulations, plans, permits, or standards or the taking of any enforcement actions shall not duplicate or be in conflict with any determination relating to water quality control made by the state water board or regional water boards, including requirements in regulations adopted by or under the authority of the state water board.
(c) Any plans, permits, standards, or corrective action taken under this division shall be consistent with all applicable water quality control plans adopted pursuant to Section 13170, and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7, of the Water Code and the state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code existing at the time of the action or proposed action.
(Amended by Stats. 1996, Ch. 1041, Sec. 4. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40056.

40056. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the right of any person to commence and maintain at any time any appropriate action for relief against a nuisance as defined in the Civil Code.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40057.

40057. Each county, city, district, or other local governmental agency which provides solid waste handling services shall provide for those services, including, but not limited to, source reduction, recycling, composting activities, and the collection, transfer, and disposal of solid waste within or without the territory subject to its solid waste handling jurisdiction.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40058.

40058. The solid waste handling services shall be provided for by one or any combination of the following:
(a) The furnishing of the services by the local agency itself.
(b) The furnishing of the services by another local agency.
(c) The furnishing of the services by a solid waste enterprise.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40058.5.

40058.5. (a) For the purposes of this section, the following terms have the following meanings:
(1) “Jurisdiction” has the same meaning as defined in Section 40145.
(2) “Public agency” means a state agency as defined in Section 40196.3, a large state facility as defined in Section 40148, or a special district, including a school district, that has the authority to provide solid waste handling services and that is within the territory of a jurisdiction.
(b) The department shall create and maintain a publicly accessible database of franchise agreements between contract solid waste and recycling haulers and jurisdictions or public agencies. The database shall provide direct electronic links to the franchise agreements posted by the jurisdictions or public agencies pursuant to subdivision (c).
(c) A jurisdiction or a public agency shall post on its internet website all current franchise agreements between contract solid waste and recycling haulers and the jurisdiction or the public agency, as applicable, and shall provide to the department the direct electronic link to those franchise agreements for purposes of subdivision (b).
(Added by Stats. 2022, Ch. 457, Sec. 1. (AB 2048) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40059.

40059. (a) Notwithstanding any other provision of law, each county, city, district, or other local governmental agency may determine all of the following:
(1) Aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.
(2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance.
(b) Nothing in this division modifies or abrogates in any manner either of the following:
(1) Any franchise previously granted or extended by any county or other local governmental agency.
(2) Any contract, license, or any permit to collect solid waste previously granted or extended by a city, county, or a city and county.
(Amended by Stats. 1990, Ch. 1355, Sec. 1. Effective September 27, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40059.3.

40059.3. (a) An ordinance adopted by a city or county or an ordinance enacted by initiative by the voters of a city or county shall not restrict or limit the importation of solid waste into a privately owned facility in that city or county based on the place of origin.
(b) This section does not do any of the following:
(1) Require a privately owned solid waste facility or privately operated solid waste facility to accept solid waste from outside the city or county where the facility is located.
(2) Allow a privately owned solid waste facility to abrogate a written agreement guaranteeing permitted capacity to a host jurisdiction, including a regional agency.
(3) Prohibit a city, county, or regional agency from requiring a privately owned solid waste facility to guarantee permitted capacity to a host jurisdiction, including a regional agency.
(4) Supersede or otherwise affect the land use authority of a city or county, including, but not limited to, planning, zoning, and permitting, or an ordinance lawfully adopted pursuant to that land use authority.
(Added by Stats. 2012, Ch. 526, Sec. 2. (AB 845) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40059.4.

40059.4. (a) For purposes of this section, “industrial source” means any of the following:
(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code.
(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code.
(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.
(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.
(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit, if those byproducts meet all of the following conditions:
(1) The byproducts originate from agricultural or industrial sources.
(2) The byproducts do not include animal, including fish, processing byproducts.
(3) The byproducts are source separated by the generator of the byproducts.
(4) The byproducts are not discarded.
(5) The byproducts are used as animal feed.
(Added by Stats. 2018, Ch. 832, Sec. 1. (AB 3036) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40060.

40060. (a) Notwithstanding any other provision of law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, which is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.
(b) A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water quality control board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, “groundwater” means the uppermost aquifer usable for beneficial purposes.
(c) Nothing in this section precludes any local jurisdiction from exercising any power which it has pursuant to any other provision of law.
(d) The following definitions govern the construction of this section:
(1) “Landfill used for the disposal of nonhazardous solid waste” means a disposal site regulated by a regional water board as a Class III landfill pursuant to Sections 2533 and 2541 of Title 23 of the California Code of Regulations.
(2) “Lateral expansion” means a new or expanded waste management unit which is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this title. For purposes of subdivision (f), “lateral expansion” does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code.
(e) The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements.
(f) Notwithstanding subdivision (b), a regional water board shall not grant a variance from subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles.
(Added by Stats. 1990, Ch. 35, Sec. 17. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40061.

40061. (a) Notwithstanding Section 40059, every local agency which does not directly charge residential households a fee for the collection, transportation, and disposal of solid waste and every local agency which directly charges residential customers a fee which represents less than 90 percent of the average cost of collecting, transporting, and disposing of residential solid waste shall, at least once every three months, arrange to inform all residential households of all of the following:
(1) The average monthly volume of solid waste produced by each residential household.
(2) The total estimated monthly cost to the local agency to collect, transport, and dispose of all solid waste produced by residential households.
(3) The average monthly cost to the local agency to collect, transport, and dispose of solid waste produced by each residential household.
(b) For the purposes of this section, “residential household” means those single and multifamily residential units which are not charged a periodic fee for the collection, transportation, and disposal of solid waste or which are assessed a periodic fee which represents less than 90 percent of the local agency’s total cost of providing these services.
(c)  The notification provided under subdivision (a) may, not more than twice in any calendar year, be made by publication in a newspaper of general circulation in the county in which the local agency is located.
(d) Unless notification is made by publication, when possible, the notification provided under subdivision (a) shall be distributed by each local agency to residential households in a manner that results in no distribution costs to the local agency in excess of distribution costs otherwise incurred for other purposes.
(Amended by Stats. 1991, Ch. 1085, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40063.

40063. At the request of a county with a population of less than 250,000, the board and the state water board may meet with the county to prioritize, through development and joint adoption of a five-year plan, state environmental concerns with regard to solid waste management in relation to the fiscal and staffing constraints on the county.
(Added by Stats. 1996, Ch. 1038, Sec. 3. Effective September 29, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40105.

40105. “Authorized recycling agent” means a person that a local governing body or private commercial entity authorizes or contracts with to collect its recyclable waste material. An authorized recycling agency may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40106.

40106. (a) “Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal conversion technologies on, the following materials, when separated from other solid waste:
(1) Agricultural crop residues.
(2) Bark, lawn, yard, and garden clippings.
(3) Leaves, silvicultural residue, and tree and brush pruning.
(4) Wood, wood chips, and wood waste.
(5) Nonrecyclable pulp or nonrecyclable paper materials.
(b) “Biomass conversion” does not include the controlled combustion of recyclable pulp or recyclable paper materials, or materials that contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste.
(c) For purposes of this section, “nonrecyclable pulp or nonrecyclable paper materials” means either of the following, as determined by the department:
(1) Paper products or fibrous materials that cannot be technically, feasibly, or legally recycled because of the manner in which the product or material has been manufactured, treated, coated, or constructed.
(2) Paper products or fibrous materials that have become soiled or contaminated and as a result cannot be technically, feasibly, or legally recycled.
(Amended by Stats. 2014, Ch. 746, Sec. 1. (SB 498) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40110.

40110. “Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.
(Amended by Stats. 2009, Ch. 21, Sec. 5. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40115.5.

40115.5. “Closed disposal site” means a disposal site that ceases to accept solid waste and is closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time of the closure.
(Added by Stats. 2008, Ch. 500, Sec. 1. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40116.

40116. “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. “Compost” includes vegetable, yard, and wood wastes which are not hazardous waste.
(Amended by Stats. 1990, Ch. 145, Sec. 3. Effective June 19, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40116.1.

40116.1. “Composting” means the controlled or uncontrolled biological decomposition of organic wastes.
(Added by Stats. 2008, Ch. 500, Sec. 2. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40117.

40117. “Gasification” means a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating electricity, and that, at minimum, meets all of the following criteria:
(a) The technology does not use air or oxygen in the conversion process, except ambient air to maintain temperature control.
(b) The technology produces no discharges of air contaminants or emissions, including greenhouse gases, as defined in subdivision (g) of Section 38505 of the Health and Safety Code.
(c) The technology produces no discharges to surface or groundwaters of the state.
(d) The technology produces no hazardous waste.
(e) To the maximum extent feasible, the technology removes all recyclable materials and marketable green waste compostable materials from the solid waste stream prior to the conversion process and the owner or operator of the facility certifies that those materials will be recycled or composted.
(f) The facility where the technology is used is in compliance with all applicable laws, regulations, and ordinances.
(g) The facility certifies to the board that any local agency sending solid waste to the facility is in compliance with this division and has reduced, recycled, or composted solid waste to the maximum extent feasible, and the board makes a finding that the local agency has diverted at least 30 percent of all solid waste through source reduction, recycling, and composting.
(Amended by Stats. 2008, Ch. 179, Sec. 192. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40118.

40118. “Department” means the Department of Resources Recycling and Recovery.
(Added by Stats. 2010, Ch. 275, Sec. 1. (SB 390) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40120.

40120. “Designated recycling collection location” means the place where an authorized recycling agent has contracted with either the local governing body or a private entity to pick up recyclable material segregated from other waste material. “Designated recycling collection location” includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40120.05.

40120.05. “Director” means the Director of Resources Recycling and Recovery.
(Added by Stats. 2009, Ch. 21, Sec. 6. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40120.1.

40120.1. “Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192.
(Amended by Stats. 2008, Ch. 500, Sec. 3. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40121.

40121. “Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility.
(Amended by Stats. 2013, Ch. 411, Sec. 1. (AB 1126) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40122.

40122. “Disposal site” or “site” means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used, for the disposal of solid wastes.
(Amended by Stats. 2008, Ch. 500, Sec. 4. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40124.

40124. “Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this division, including Article 1 (commencing with Section 41780) of Chapter 6.
(Added by Stats. 1996, Ch. 978, Sec. 2. Effective January 1, 1997.)