reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40127.

40127. “Diversion program” means a program in the source reduction and recycling element of a jurisdiction’s integrated waste management plan, specified in Chapter 2 (commencing with Section 41000) of, or Chapter 3 (commencing with Section 41300) of, Part 2 and that has the purpose of diverting solid waste from landfill disposal or transformation through source reduction, recycling, and composting activities. “Diversion program” additionally includes any amendments, revisions, or updates to the element, and any programs set forth in a time extension, alternative requirement, or compliance order approved by the board pursuant to Part 2 (commencing with Section 40900).
(Added by Stats. 2008, Ch. 343, 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 40130.

40130. “Enforcement agency” means the local agency designated pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of Part 4 for the purpose of carrying out this division, or the board if no designation of a local agency has been approved by the board.
(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 40131.

40131. “Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(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 40131.2.

40131.2. (a) “Engineered municipal solid waste conversion” or “EMSW conversion” means the conversion of solid waste through a process that meets all of the following requirements:
(1) The waste to be converted is beneficial and effective in that it replaces or supplements the use of fossil fuels.
(2) The waste to be converted, the resulting ash, and any other products of conversion do not meet the criteria or guidelines for the identification of a hazardous waste adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code.
(3) The conversion is efficient and maximizes the net calorific value and burn rate of the waste.
(4) The waste to be converted contains less than 25 percent moisture and less than 25 percent noncombustible waste.
(5) The waste received at the facility for conversion is handled in compliance with the requirements for the handling of solid waste imposed pursuant to this division, and no more than a seven-day supply of that waste, based on the throughput capacity of the operation or facility, is stored at the facility at any one time.
(6) No more than 500 tons per day of waste is converted at the facility where the operation takes place.
(7) The waste has an energy content equal to, or greater than, 5,000 BTU per pound.
(8) The waste to be converted is mechanically processed at a transfer or processing station to reduce the fraction of chlorinated plastics and materials.
(b) “Engineered municipal solid waste conversion facility” or “EMSW facility” means a facility where municipal solid waste conversion that meets the requirements of subdivision (a) takes place.
(c) Notwithstanding Section 40201, a transformation facility where solid waste conversion takes place that meets all of the requirements of subdivision (a) may elect to be considered an EMSW facility for purposes of this division and Division 31 (commencing with Section 50000), except that if a portion of a transformation facility’s operations does not meet the requirements of subdivision (a), the facility shall be considered to be a transformation facility.
(Added by Stats. 2013, Ch. 411, Sec. 2. (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 40131.5.

40131.5. “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(Added by Stats. 1993, Ch. 922, Sec. 1. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40135.

40135. “Fund” means the Integrated Waste Management Fund, which is hereby created in the State Treasury. Any reference in this division or any other provision of law to the Solid Waste Management Fund shall mean the Integrated Waste Management Fund.
(Amended by Stats. 1990, Ch. 145, Sec. 4. Effective June 19, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40135.1.

40135.1. “Account” means the Integrated Waste Management Account created in the fund pursuant to Section 48001.
(Added by Stats. 1993, Ch. 656, Sec. 3. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40140.

40140. “Hazard” includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general public.
(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 40141.

40141. (a) “Hazardous waste” means a waste, defined as a “hazardous waste” in accordance with Section 25117 of the Health and Safety Code, or a combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:
(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(b) Unless expressly provided otherwise, “hazardous waste” includes extremely hazardous waste and acutely hazardous waste.
(Amended by Stats. 2008, Ch. 500, Sec. 6. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40145.

40145. “Jurisdiction” means a city, county, or regional agency that is approved by the board pursuant to Section 40975.
(Added by Stats. 2008, Ch. 343, 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 40148.

40148. “Large state facility” means those campuses of the California State University and the California Community Colleges, prisons within the Department of Corrections, facilities of the State Department of Transportation, and facilities of other state agencies, that the board determines, are primary campuses, prisons, or facilities.
(Added by Stats. 1999, Ch. 764, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40150.

40150. “Local governing body” means the legislative body of the city, county, or special district which has authority to provide solid waste handling services.
(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 40150.1.

40150.1. “Multicounty regional agency” means a regional agency, as defined in Section 40181, that includes all of the jurisdictions that are located in at least two or more rural counties.
(Added by Stats. 2008, Ch. 343, 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 40150.2.

40150.2. “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, that an enforcement agency or the board is authorized to implement or enforce pursuant to Part 5 (commencing with Section 45000) and that does not otherwise include any of the following:
(a) A violation that results in injury to persons or property or that presents a significant threat to human health or the environment.
(b) A knowing, willful, or intentional violation.
(c) A violation that is a chronic violation or that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the enforcement agency or board, whichever issues the notice to comply, shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements.
(d) A violation that results in an emergency response from a public safety agency.
(e) A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage.
(Added by Stats. 2008, Ch. 500, Sec. 7. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40151.

40151. “Nondisposal facility” means any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) of Chapter 3 of Part 4, except a disposal facility or a transformation facility.
(Added by Stats. 1992, Ch. 1291, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40160.

40160. “Operator” means a person who operates a solid waste facility or operates a disposal site.
(Amended by Stats. 2008, Ch. 500, Sec. 8. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40162.

40162. “Owner” means a person who holds fee title to, or a leasehold or other possessory interest in, real property that is presently in use as a solid waste facility or is a disposal site.
(Added by Stats. 2008, Ch. 500, Sec. 9. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40170.

40170. “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(Amended by Stats. 1994, Ch. 1200, Sec. 38. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40171.

40171. “Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and duration, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered.
(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 40180.

40180. “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Recycling” does not include transformation, as defined in Section 40201 or EMSW conversion.
(Amended by Stats. 2013, Ch. 411, Sec. 3. (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 40181.

40181. “Regional agency” means an agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and Article 3 (commencing with Section 40970) of Chapter 1 of Part 2.
(Amended by Stats. 1992, Ch. 1292, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40183.

40183. (a) “Rural city” or “rural regional agency” means a city or regional agency that is located within a rural county as defined in Section 40184.
(b) (1) Unless the board takes action pursuant to paragraph (2), this section does not affect any reduction granted to a rural city by the board pursuant to Section 41787 prior to January 1, 2008.
(2) The board may review and take action regarding any reduction granted to a rural city by the board in accordance with subdivision (b) of Section 41787.
(Amended by Stats. 2008, Ch. 343, Sec. 5. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40184.

40184. (a) “Rural county” means a county or multicounty regional agency that annually disposes of no more that 200,000 tons of solid waste.
(b) (1) Unless the board takes action pursuant to paragraph (2), this section does not affect any reduction granted to a rural county by the board pursuant to Section 41787 prior to January 1, 2008.
(2) The board may review and take action regarding any reduction granted to a rural county in accordance with subdivision (b) of Section 41787.
(Amended by Stats. 2008, Ch. 343, Sec. 6. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40190.

40190. “Segregated from other waste material” means any of the following:
(a) The placement of recyclable materials in separate containers.
(b) The binding of recyclable material separately from the other waste material.
(c) The physical separation of recyclable material from other waste material.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40190.5.

40190.5. “Sharps waste” means waste generated by a household that includes a hypodermic needle, syringe, or lancet.
(Added by Stats. 2004, Ch. 157, Sec. 3. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40191.

40191. (a) Except as provided in subdivision (b), “solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
(b) “Solid waste” does not include any of the following wastes:
(1) Hazardous waste, as defined in Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division.
(Amended by Stats. 1996, Ch. 1041, Sec. 9. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40192.

40192. (a) Except as provided in subdivisions (b) and (c), “solid waste disposal,” “disposal,” or “dispose” means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state.
(b) For purposes of Part 2 (commencing with Section 40900), “solid waste disposal,” “dispose,” or “disposal” means the management of solid waste through landfill disposal, transformation, or EMSW conversion, at a permitted solid waste facility, unless the term is expressly defined otherwise.
(c) For purposes of Chapter 16 (commencing with Section 42800) and Chapter 19 (commencing with Section 42950) of Part 3, Part 4 (commencing with Section 43000), Part 5 (commencing with Section 45000), Part 6 (commencing with Section 45030), and Chapter 2 (commencing with Section 47901) of Part 7, “solid waste disposal,” “dispose,” or “disposal” means the final deposition of solid wastes onto land.
(Amended by Stats. 2013, Ch. 411, Sec. 4. (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 40193.

40193. “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.
(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 40194.

40194. “Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an EMSW conversion facility, and a disposal facility. For purposes of Part 5 (commencing with Section 45000), “solid waste facility” additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by the department.
(Amended by Stats. 2013, Ch. 411, Sec. 5. (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 40195.

40195. “Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes.
(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 40195.1.

40195.1. (a) “Solid waste landfill” means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals, or a cemetery which disposes onsite only the grass clippings, floral wastes, or soil resulting from activities on the grounds of that cemetery.
(b) For the purposes of Article 3 (commencing with Section 43500) and Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, “solid waste landfill” does not include a facility which receives only nonhazardous wood waste derived from timber production or wood product manufacturing. For the purposes of the fee imposed by Section 48000, facilities which receive only nonhazardous wood waste derived from timber production or wood product manufacturing shall, notwithstanding Section 48000, pay a quarterly fee to the state board on all solid waste disposed at each disposal site, which does not exceed the amount of the fee due and payable to the state board by those facilities during the 1992 calendar year.
(Added by Stats. 1993, Ch. 656, Sec. 4. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40196.

40196. “Source reduction” means any action which causes a net reduction in the generation of solid waste. “Source reduction” includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. “Source reduction” does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.
(Amended by Stats. 1990, Ch. 145, Sec. 5. Effective June 19, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40196.3.

40196.3. “State agency” means every state office, department, division, board, commission, or other agency of the state, including the California Community Colleges and the California State University. The Regents of the University of California are encouraged to implement this division.
(Added by Stats. 1999, Ch. 764, Sec. 2. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40196.5.

40196.5. “State board” means the State Board of Equalization.
(Added by Stats. 1990, Ch. 145, Sec. 6. Effective June 19, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 2 - Definitions › Section 40200.

40200. (a) “Transfer or processing station” or “station” includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.
(b) “Transfer or processing station” or “station” does not include any of the following:
(1) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure.
(2) A facility, whose principal function is to receive, store, convert, or otherwise process wastes that have already been separated for reuse and are not intended for disposal.
(3) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with regulations adopted pursuant to Section 43309.
(4) An EMSW conversion facility.
(Amended by Stats. 2013, Ch. 411, Sec. 6. (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 40201.

40201. “Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting, gasification, EMSW conversion, or biomass conversion.
(Amended by Stats. 2013, Ch. 411, Sec. 7. (AB 1126) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 1 - General Provisions › Section 40400.

40400. There is in the California Environmental Protection Agency the Department of Resources Recycling and Recovery. The Department of Resources Recycling and Recovery shall be administered under the control of an executive officer known as the Director of Resources Recycling and Recovery. Any reference in any law or regulation to the State Solid Waste Management Board, the California Waste Management Board, or the California Integrated Waste Management Board shall hereafter apply to the Department of Resources Recycling and Recovery. The Director of Resources Recycling and Recovery shall hear and decide appeals of decisions of the Department of Resources Recycling and Recovery made pursuant to this division.
(Amended by Stats. 2013, Ch. 352, Sec. 490. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 1 - General Provisions › Section 40402.

40402. The Department of Resources Recycling and Recovery may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office, or officer whose duties, powers, and functions have been transferred to and conferred upon the department. The department shall make those expenditures in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created.
(Added by Stats. 2009, Ch. 21, Sec. 9. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 1 - General Provisions › Section 40403.

40403. (a) The Office of Environmental Justice and Tribal Relations is hereby established within the department.
(b) Duties of the office shall include, but are not limited to, all of the following:
(1) Ensuring that the department’s programs effectively address the needs of disadvantaged communities, low-income communities, California Native American tribes, and farmworkers.
(2) Providing an evaluation of a range of strategic, scientific, technological, regulatory, and economic issues for the department related to environmental justice and tribal relations.
(3) Integrating environmental justice considerations into department programs, policies, and initiatives.
(4) Lessening the environmental impacts on those communities disproportionately burdened by environmental harm and risks.
(5) Addressing environmental justice by ensuring meaningful involvement of disproportionately burdened communities in department decisionmaking, building capacity to address environmental impacts in disproportionately burdened communities, and promoting collaborative problem solving for issues involving environmental justice.
(6) Strengthening partnerships with other governmental agencies at the federal, city, county, and tribal level regarding environmental justice issues.
(7) Enhancing research and assessment approaches related to environmental justice.
(8) Collaborating with impacted communities and governmental agencies to promote equitable data collection regarding environmental burdens.
(9) Improving access to technical resources for disadvantaged communities.
(10) Enhancing protections for vulnerable communities.
(Added by Stats. 2022, Ch. 492, Sec. 1. (AB 649) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 2 - Staff › Section 40430.

40430. The Director of Resources Recycling and Recovery shall be appointed by, and hold office at the pleasure of, the Governor. The director’s appointment shall be subject to confirmation by the Senate. The director shall receive the annual salary provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code applies to the director.
(Repealed and added by Stats. 2009, Ch. 21, Sec. 11. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 2 - Staff › Section 40431.

40431. The Director of Resources Recycling and Recovery may appoint those deputies, officers, and other employees that he or she finds necessary for the performance of the functions of the Department of Resources Recycling and Recovery. The staff of the department shall be subject to the relevant system and procedures of the state civil service. The State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) applies to those personnel.
(Amended by Stats. 2009, Ch. 21, Sec. 12. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 2 - Staff › Section 40432.

40432. The Attorney General shall represent the board and the state in litigation concerning affairs of the board, unless the Attorney General represents another state agency that is a party to the action. In that case, the Attorney General may represent the board with the written consent of the board and the other state agency, the board may contract for the services of private counsel, subject to Section 11040 of the Government Code, or the legal counsel of the board may represent the board. Sections 11041, 11042, and 11043 of the Government Code are not applicable to the board.
(Amended by Stats. 2002, Ch. 396, Sec. 1. Effective September 6, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40501.

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.
(Amended by Stats. 2009, Ch. 21, Sec. 15. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40502.

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.
(Amended by Stats. 1993, Ch. 1169, Sec. 3. Effective October 11, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40503.

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.
(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 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40505.

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.
(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 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40506.

40506. The board may accept grants, gifts and donations for the purposes specified in 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 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40506.1.

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.
(Added by renumbering Section 42145.5 by Stats. 1994, Ch. 146, Sec. 180. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40506.5.

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.
(Added by Stats. 2009, Ch. 21, Sec. 17. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40506.7.

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.
(Added by Stats. 2009, Ch. 21, Sec. 18. (SB 63) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40507.1.

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.
(Added by Stats. 2002, Ch. 740, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40508.

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.
(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 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40509.

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.
(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 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40510.

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.
(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 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40511.

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.
(Added by Stats. 1999, Ch. 815, Sec. 38. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 1 - INTEGRATED WASTE MANAGEMENT › CHAPTER 3 - Department of Resources Recycling and Recovery › ARTICLE 3 - Powers and Duties › Section 40512.

40512. (a) The department shall establish a pilot project located in the Counties of Los Angeles and Ventura in partnership with garment manufacturers in order to study and report on the feasibility of recycling fabric.
(b) The pilot project shall not exceed three years and shall conclude no later than January 1, 2027.
(c) The pilot project, which shall be submitted by an applicant jurisdiction, shall be designed to create a circular economy for the highest and best use of waste textiles, including, but not limited to, creating cleaner and more uniform material streams, creating safe and living-wage jobs for local workers, educating the public, and reducing the disposal of textiles in California. The pilot project may include, but is not limited to, the following project elements:
(1) Creating accessible textile collection sites.
(2) Developing a hub for consolidating preconsumer textile scraps to facilitate the use of those materials by other businesses.
(3) Remanufacturing of fibers.
(4) Increasing capacity to sort textiles to create cleaner and more uniform material streams, either manually or through investment in machinery and permanent infrastructure development.
(5) Community engagement and education on impacts of and alternatives to “fast fashion,” which may include, but is not limited to, conducting mending workshops in the community.
(d) The operator of the pilot project shall annually report to the department demonstrating the pilot project’s progress toward meeting the goals of the project identified in subdivision (a). The report shall specify the amount, in pounds, of textiles that were collected and that were diverted from disposal in the prior year of the pilot project.
(e) The department shall post the report required pursuant to subdivision (a) on its internet website within six months of the conclusion of the pilot project, and in no instance later than July 1, 2027.
(f) Any state funding provided for the pilot project is subject to an appropriation by the Legislature for this purpose.
(g) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Added by Stats. 2022, Ch. 616, Sec. 1. (SB 1187) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 2 - INTEGRATED WASTE MANAGEMENT PLANS › CHAPTER 1 - Plan Preparation › ARTICLE 1 - Legislative Findings › Section 40900.

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.
(Amended by Stats. 1990, Ch. 1355, Sec. 11. Effective September 27, 1990.)