Article 3 - Requirements

California Public Resources Code — §§ 41732-41736

Sections (6)

Amended by Stats. 2004, Ch. 183, Sec. 301. Effective January 1, 2005.

(a)City, county, and regional agency nondisposal facility elements prepared pursuant to Section 41730, 41731, or 41750.1, as the case may be, shall include a description of any new solid waste facilities and the expansion of existing solid waste facilities that will be needed to implement the jurisdiction’s source reduction and recycling element and to thereby meet the diversion requirements of Section 41780. The nondisposal facility element may include the identification of specific locations or general areas for new solid waste facilities that will be needed to implement the jurisdiction’s source reduction and recycling element.

(b)In complying with the requirements of subdivision (a), the jurisdiction shall utilize the pertinent information that is available to it at the time that the nondisposal facility element is prepared.

§ 41733

Added by Stats. 1992, Ch. 1291, Sec. 4. Effective January 1, 1993.

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

§ 41734

Amended by Stats. 2011, Ch. 476, Sec. 5. (AB 341) Effective January 1, 2012.

(a)(1) Prior to adopting a nondisposal facility element, the city, county, or regional agency shall submit the element to the task force created pursuant to Section 40950 for review and comment.

(2)Prior to adopting a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element for review and comment to each task force created pursuant to Section 40950 of each county within the jurisdiction of the regional agency.

(b)Comments by the task force shall include an assessment of

the regional impacts of potential diversion facilities and shall be submitted to the city, county, or regional agency and to the department within 90 days of the date of receipt of the nondisposal facility element for review and comment.

§ 41734.5

Added by Stats. 2011, Ch. 476, Sec. 6. (AB 341) Effective January 1, 2012.

(a)Once a nondisposal facility element has been adopted, the city, county, or regional agency shall update all information required to be included in the nondisposal facility element, including, but not limited to, new information regarding existing and new, or proposed, nondisposal facilities.

(b)Updates shall be provided to the department within 30 days of any change in information.

(c)Copies of the updated information shall also be provided to the local task force and shall be appended or otherwise added to the nondisposal facility element.

(d)The local task force shall not be required to review and comment on the updates to the nondisposal facility elements.

(e)Updates to the nondisposal facility elements are not subject to approval by the department.

§ 41735

Amended by Stats. 2011, Ch. 476, Sec. 7. (AB 341) Effective January 1, 2012.

(a)Notwithstanding Division 13 (commencing with Section 21000), the adoption or update of a nondisposal facility element shall not be subject to environmental review.

(b)Local agencies may impose a fee on project proponents to fund their necessary and actual costs of preparing and approving updates to nondisposal facility elements.

§ 41736

Amended by Stats. 2011, Ch. 476, Sec. 8. (AB 341) Effective January 1, 2012.

It is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with the requirements of this chapter.