Statewide Waste Prevention Media Campaign
While waste prevention is at the top of the waste management hierarchy and was the subject of the Waste Board's 1993 Statewide Waste Prevention Plan and Report to the Legislature, it receives relatively little attention by either the Board or local officials. This is partly because: (1) sustained statewide behavior change of this type is more logically promoted at the regional or statewide level, and (2) local governments do not have the resources to mount an effective ongoing waste prevention media campaign using radio and television. While the Integrated Waste Management Board has helped fund a few regional efforts in the areas of grasscycling and "smart buying," these efforts were under-funded and reached only a small portion of the necessary audience.

STATUS: One way to address this problem is to require the State Waste Board to conduct the statewide waste prevention education and outreach campaign called for in its 1993 Plan. Funds would either be provided by: (1) a portion of the existing Waste Board funds, possibly supplemented by DOC bottle redemption funds, or (2) a $0.25/ton surcharge on waste disposed in permitted disposal facilities. The campaign would include a statewide, multi-lingual radio and television campaign spotlighting the most cost-effective forms of waste prevention, particularly grasscycling. The timing and focus of the campaign would be coordinated with local efforts to maximize their effectiveness. The surcharge and program would have an initial five-year sunset with a requirement for an evaluation of program effectiveness before a decision in made on program continuation program. The funds and program would be administered by the California Integrated Waste Management Board.

Programmatic compliance alternative for meeting AB 939 goals
There is a developing consensus that too many resources at the local and state levels are being directed at determining "numbers" when the resources should be directed at implementing programs. Given the additional difficulty in obtaining compliance with voluntary recycling programs and problems with getting accurate waste diversion numbers, many local governments would prefer to be judged under AB 939 for their programs, not their official waste diversion rates. This is similar to the issue of local governments wanting to be judged for their "good faith effort."

STATUS: The least cumbersome way to address this issue is to allow local jurisdiction compliance with AB 939 goals to be determined by either: (1) meeting the waste diversion goals, or (2) making a good faith effort to implement applicable SRRE programs. While the Board is currently required to consider "good faith effort" in judging compliance, that criteria is not defined and many local governments view the current provisions as weak and providing excessive discretion to the Board. AB 1939 includes language focused on program performance rather than strict numbers adherence. The League of California Cities and Senator Byron Sher are working on legislation to address compliance and performance concerns.

Exclusion of Class II landfills from SRRE disposal reporting
While it is clear that AB 939 does not apply to hazardous wastes disposed at Class I landfills, it is unclear whether it currently applies to restricted wastes disposed in Class II landfills. As originally adopted, AB 939, in PRC Section 46027, addressed only waste diversion from Class III landfills but subsequent revisions, including the elimination of Section 46027, left the inclusion of Class II landfill waste open to question. Since such restricted wastes as asbestos and contaminated soils are difficult to recycle, it is unfair to local jurisdictions to add this waste to the original AB 939 requirements.

STATUS: The definition of landfill disposal for purposes of AB 939 should only apply to waste disposed in Class III or unclassified inert waste landfills. CIWMB is considering administrative remedies to the Class II waste reporting problems. League of California Cities has prepared draft legislation should the CIWMB effort falter

.SRRE Biannual Report processing requirements
At least once every two years, the California Integrated Waste Management Board is required to review each SRRE. There have been major delays at the Board in performing these biannual reviews. The delays have made it difficult for local governments to properly plan for their compliance with AB 939 goals.

STATUS: The most effective way to speed biannual reviews is to place a deadline on the biannual review process, with consequences for missing the deadline. Since local jurisdictions must submit annual SRRE reports on which they need, and are legally entitled to, formal Board feedback every two years, it is best to tie the Board's biannual review deadline to the annual report process. Therefore, it is proposed that if, at least every two years, the Board does not act within 180 days of the receipt of a jurisdiction's annual report to complete its biannual review, it would be prohibited from issuing any compliance orders to the jurisdiction for a two-year period.

1. Establish a baseline of California jurisdictions targeting yard waste as part of residential and commercial diversion programs. Also, identify the types of end markets utilized for diverted yard waste. (Coordinate with the CIWMB "Compost and Mulch Producing Infrastructure" Project)
2. Initiate coalition-building efforts to establish a support base for the "Yard Waste Recycling Opportunities Act."
3. Develop language for potential legislation and seek a legislative sponsor for the bill.
4. Support legislative approval of the "Yard Waste Recycling Opportunities Act."

1. Monitor state agency procurement requirements for mulch and compost.
2. Support procurement requirements for local jurisdictions, particularly for mulch and compost.
3. Research, produce, and distribute case studies of successful local government procurement efforts for mulch and compost.

Yard Waste Used as Alternative Daily Cover

Landfilled waste must be covered daily to reduce litter, vectors, and odors. Normal prescriptive landfill cover calls for four to six inches of compacted soil over the final waste layer. Alternative daily cover (ADC) substitutes non-soil materials, such as ground or shredded wood and yard waste, tires, concrete or asphalt; and synthetic tarps, slurry or foam barriers.

California's use of yard waste as ADC arose from limited permitted use at Los Angeles County Sanitation District landfills in 1993. ADC volume was fixed at 8 to 12% of incoming waste (reflecting a ratio of cover to compacted landfilled waste). Yard waste received at the landfills was ground on-site, and odor and vector problems monitored by LEA. Following the initial demonstration, ADC use was allowed without volume limitation.

CORC estimates that yard waste ADC now encompasses 1,083,000 tons annually, representing an estimated 34% of California's yard waste utilization (FY1998). At some landfills, ADC comprises up to 31% of total material. Landfill operators may receive and grind yard waste on-site, or acquire yard waste ADC from grinders who charge a tipping fee in line with local compost facilities. Many landfill operators now are being paid to take the ground material. (1)

STATUS: There is an anomaly in allowing diversion for something that ends up in a landfill. In situations where on-site soil resources are inadequate, ADC is necessary. However, when there is sufficient soil available at the site, ADC use is hard to justify.

Yard waste ADC dependence hinders development of a healthy compost infrastructure. Value-added compost production is an important economic activity, with positive long-term environmental and fiscal benefits. Paying for ADC use at landfills derives little apparent financial benefit except for landfill operators. Tarps can be reused and should be preferred over other ADC methods.

Phase-out of yard waste ADC needs to accompany creation of a network of compost facilities. Sustainable agricultural compost use requires a healthy production infrastructure. There are indications that some landfills are improperly using more yard waste ADC than is necessary to meet minimum health standards.

More information is needed on the minimum necessary amount of yard waste ADC in various landfill situations and how to set standards for maximum allowable amounts of yard waste ADC.

(1) The CIWMB is currently conducting a detailed survey of composting and mulch infrastructure to better document the total tons recycled.

Producer responsibility measures
An Advanced Disposal Fee (ADF) for Paint is needed support a statewide paint recycling effort.

STATUS: Hold public hearings. Work with Department of Toxic Substance Control HHW Roundtable to determine actual program costs. Estimate the additional costs of recycling paint instead of stabilizing and disposing the paint. Evaluate CIWMB 303 Reports for annual tonnage to help determine costs. Incorporate incentives for paint reuse and procurement, including local agency public contracts. Develop language for legislation. Find author/sponsor and introduce legislation. Initiate campaign.

The Advanced Disposal Fee (ADF) for Tires needs to be enhanced.

STATUS: Develop funding mechanism for enforcement, incentives for employing existing technologies used tires as feedstock, and new market development. Structure the ADF to provide financial incentive for tire manufacturers to take responsibility for the design of their own products, possibly through variable fees. The ADF should provide financial incentive for tire manufacturers to incorporate reuse, recyclability, and durability in product design.

SB117 (Escutia) Two-year bill increases tire fee from 25 cents to $2.00
SB 287 for product use
Cal Trans has data on rubberized asphalt and concrete (RAC)

Ending subsidies for wasting
Eliminate State subsidies for primary timber harvesting. This is a long term campaign. Even if legislation fails, recycling would benefit by educating decision-makers and challenging the conventional wisdom that only recycling is subsidized.

STATUS: Build coalitions with other organizations. CRRA would not be the lead organization. Share resources/ work/ lobbying with other organizations. Introduce spot bill and build language and coalitions at West Coast Virgin Materials Tax Subsidies Summit in spring 2000. California Legislation could be a model for other states and federal legislation or introduce future legislation simultaneously with other states to build momentum.

Beyond 50%: visioning for the future
Re-establish the Senate Task Force on Waste Management. Y2K is here! Now what? What comes after 50%? What will be the new mandate of the Waste Board?

STATUS: Create a forum/process for developing a new vision by re-establishing the Senate Task Force on Waste Management. Important caveat: a body completely independent of the Waste Board must do evaluation to foster new thinking/ new direction. (e.g. Local Technical Advisory Committee TAC).

Expanding deconstruction practices in California
Deconstruction is the practice of dismantling buildings in a way that maximizes the reuse of building components with the remainder recycled. While deconstruction is becoming more common throughout California, most structures are still demolished in the traditional way of smashing the structure, with the residue sent either to landfills or for recycling.

Many barriers to expanding the reuse of building materials still exist. The following legislation would attempt to address several of these barriers. The legislation would assist state agencies and local jurisdictions to expand the use of deconstruction practices in demolition projects. The legislation also would provide market expansion for used building materials.

This legislation will direct the California Integrated Waste Management Board (CIWMB) to develop model deconstruction permit and Request for Proposal (RFP) Language. The CIWMB shall accomplish this project by convening a peer review task force to assist in identifying any existing deconstruction resolutions, permits, RFP and contract language that requires deconstruction to be included in demolition projects. This Deconstruction Task Force shall include representatives from the demolition and deconstruction industries, local government planning and public works departments, construction and demolition (C&D) reuse and recycling experts, used building material store proprietors, C&D recyclers, local government recycling coordinators, architects and architectural engineers, developers, Cal Trans, and other industries involved in the demolition industry.

After completion of the model deconstruction permit, RFP and contract language, the State of California will adopt these standards and require State Agencies to include deconstruction requirements in all demolition bids and RFPs issued for work done on state buildings. This will include remodeling projects as well as entire building deconstruction.

This legislation will also require the Franchise Tax Board to develop a tax credit to developers and property owners that implement deconstruction at the building site. This tax credit will provide an incentive to developers and property owners to take the extra time to deconstruct pre-existing structures by providing a credit to offset the additional time it takes to perform deconstruction over traditional demolition.

The CIWMB should allow for RMDZ loans to be used to cover the cost of deconstructing structures and for the costs of building new buildings with used building materials.

Finally the CIWMB Deconstruction Task Force will also identify additional incentives and disincentives that the state and local jurisdictions could implement to make deconstruction an attractive alternative to traditional demolition

.Expanding the use of used building materials in new construction.
Used building material stores (UBMS) that sell used building materials (UBM) such as lumber, doors, windows, porcelains and other UBMs are also becoming more common in both rural and urban environments.

STATUS: Legislation will direct the CIWMB to consolidate any existing specifications from around the United States that describes how to use used building materials into new construction including remodels. Where no specifications exist for specific types of used building materials then CIWMB staff shall develop specifications for those materials. The CIWMB shall convene a Used Building Material Task Force to assist in identification of used building materials requiring specifications, and to review all draft specifications. This peer review task force shall include representatives from used building material retail stores, building supply stores, green building material suppliers or distributors, green architects, architectural engineers and specification writers, property owners and developers.

Once specifications are identified or developed then these specifications shall be added to the State of California Buy Recycled guidelines for State of California construction projects.

The CIWMB should allow RMDZ loans to be used for the cost of deconstructing structures and for the costs of building new buildings with used building materials.

The CIWMB will also develop a research and development grant fund to support development of technology and processes that remove or render architectural components covered in lead based paint (LBP) safe so that those components may re-enter the economic mainstream. This LBP R&D Grant Fund shall be available to both for and not-for profit businesses and shall stress the development of commercially viable treatments

.Medi-Cal reimbursement for adult incontinent products
At the present time Medi-Cal can only reimburse for products, e.g., disposable adult incontinent products, and not for services such as linen services that wash reusable adult incontinent products (bed linens and underwear). Adults who rely on Medi-Cal reimbursement for these necessary products can not be reimbursed for purchasing reusable diapers and bed linens, or for using a service that supplies clean linens/diapers, collects soiled linen/diapers and washes and returns fresh linens/diapers to the customer.

Reusable diaper service providers are trying to expand from their traditional baby diaper service business to include reusable adult incontinent products but are blocked from a significant portion of the marketplace by their potential customers' inability to be reimbursed for this service.

The problem is with the existing Medi-Cal regulations that define "Incontinent Medical Supplies" as "disposable medical supplies". Removing the barrier to Medi-Cal reimbursement for reusable products and services should have a positive effect in reducing the number of tons of disposable diapers/linens sent to landfills. Linen services workers and washing facilities, unlike landfills and their operators, are designed and trained in how to handle soiled diapers/linens minimizing exposure to infectious agents. Therefore health risks to landfill operators could be minimized by keeping untreated human excrement from solid waste landfills.

STATUS: The definition of "Incontinent Medical Supplies" needs to be amended to include reusable products and the services that collect, wash and supply reusable products. The word disposable should be eliminated from the definition or at the very least listed as one of several product/service options eligible for reimbursement. This will level the business playing field between disposable and reusable adult incontinent products and allow Californians using Medi-Cal reimbursements the option using of reusable products. The cost of reimbursement from Medi-Cal should be the same whether the product in a reusable service or a disposable product. In 1995 Medi-Cal reimbursed $599,632.83 for disposable incontinent supplies in the 6 counties located in the southern part of San Francisco Bay.