California Public Resources Code § 42649.82

Public Resources Code
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(a) (1) In addition to the requirements of Section 42649.3, each jurisdiction shall implement an organic waste recycling program that is appropriate for that jurisdiction and designed specifically to divert organic waste generated by businesses subject to Section 42649.81, whether or not the jurisdiction has met the requirements of Section 41780. (2) (A) A county board of supervisors of a rural county may adopt a resolution, as prescribed in this paragraph, to make the rural county exempt from the requirements of this section. If a rural jurisdiction is a city, the city council may adopt a resolution, as prescribed in this paragraph, to make the rural jurisdiction exempt from this section. If a rural jurisdiction is a regional agency comprised of jurisdictions that are located entirely within one or more rural counties, the board of the regional agency may adopt a resolution, as prescribed in this paragraph, to make the rural jurisdiction exempt from the requirements of this section. (B) A resolution adopted pursuant to subparagraph (A) shall include findings as to the purpose of and need for the exemption. (C) A resolution to exempt a rural jurisdiction pursuant to subparagraph (A) shall be submitted to the department at least six months before the operative date of the exemption. (D) On or after January 1, 2020, if the department determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during the 2014 calendar year, all exemptions authorized by this paragraph shall terminate unless the department determines that applying this chapter to rural jurisdictions will not result in significant additional reductions of disposal of organic waste. (b) If a jurisdiction, as of January 1, 2016, has in place an organic waste recycling program that meets the requirements of this section, it is not required to implement a new or expanded organic waste recycling program. (c) The organic waste recycling program required by this section shall be directed at organic waste generators and may include, but is not limited to, one or more of the following: (1) Implementing a mandatory commercial organic waste recycling policy or ordinance that addresses organic waste recycling. (2) Requiring a mandatory commercial organic waste recycling program through a franchise contract or agreement. (3) Requiring organic waste to go through a source separated or mixed processing system that diverts material from disposal. (d) (1) The organic waste recycling program shall do all of the following: (A) Identify all of the following: (i) Existing organic waste recycling facilities within a reasonable vicinity and the capacities available for materials to be accepted at each facility. (ii) Existing solid waste and organic waste recycling facilities within the jurisdiction that may be suitable for potential expansion or colocation of organic waste processing or recycling facilities. (iii) Efforts of which the jurisdiction is aware that are underway to develop new private or public regional organic waste recycling facilities that may serve some or all of the organic waste recycling needs of the commercial waste generators within the jurisdiction subject to this chapter, and the anticipated timeframe for completion of those facilities. (iv) Closed or abandoned sites that might be available for new organic waste recycling facilities. (v) Other nondisposal opportunities and markets. (vi) Appropriate zoning and permit requirements for the location of new organic waste recycling facilities. (vii) Incentives available, if any, for developing new organic waste recycling facilities within the jurisdiction. (B) Identify barriers to siting new or expanded compostable materials handling operations, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, and specify a plan to remedy those barriers that are within the control of the local jurisdiction. (C) Provide fo

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