California Integrated Waste Management Board Biennial Review Process

What is the Biennial Review? At least once every two years, the California Integrated Waste Management Board (Board) conducts an independent review of each jurisdiction's progress in implementing its Source Reduction and Recycling Element (SRRE) and its Household Hazardous Waste Element (HHWE). At this time, the Board also reviews a jurisdiction's progress toward achieving the 50 percent diversion requirement of the Integrated Waste Management Act (Act).

Why do we conduct a Biennial Review? Statutory Requirement – Public Resources Code (PRC) Section Method to determine compliance with the Integrated Waste Management Act (AB 939)

Who must undergo a Biennial Review? Per the requirements of PRC Section 41825, every city, county and Board-approved regional agency must undergo a biennial review at least once every two years.

When are Biennial Reviews conducted? Past Biennial Reviews (BRs) – For 25% Goal (starting in 1995): 1995/1996 BR 1997/1998 BR – For 50% Goal (starting in 2000): 1999/2000 BR 2001/2002 BR 2003/2004 (current BR)

How is a Biennial Review conducted? Board staff reviews: Each jurisdiction’s progress in implementing programs identified in SRRE, HHWE and subsequent Annual Reports; Types of programs implemented and relativity to waste stream; Whether jurisdiction is meeting goal and relationship of programs to diversion rate.

What information does Board staff use during its Biennial Review? Listing of programs selected for implementation in jurisdiction’s SRRE, HHWE and prior Annual Reports; Program implementation and diversion rate information provided by jurisdictions in the Annual Reports for that BR cycle; Program implementation information collected by Board staff via phone calls and site visits (conducted at least once each BR cycle).

What is the Biennial Review approval process? Board staff conducts a review to determine compliance with the Act (AB 939). Board staff makes a recommendation based on their review. Board staff presents Biennial Review recommendation to Board for consideration.

CIWMP Enforcement Policy - Part II. Basis for Compliance Determination Criteria for determining extent to which a jurisdiction has implemented, or shown a good faith effort to implement, its SRRE and HHWE. Incorporated by reference in PRC Section (c)(1 & 2); Policy first approved by the Board in February 1995; Last updated in August 2001;

CIWMP Enforcement - Scenarios Implementing all or most programs and meeting diversion requirements; Implementing some/all programs, but not meeting diversion requirements; Implementing a small number of programs and meeting diversion requirements; and, Not implementing programs and not meeting diversion requirements.

What are the possible outcomes of a Biennial Review? Possible Board findings: In compliance: – Met 50% Goal – “Good Faith Effort” Not in compliance – Compliance Order and Schedule SB 1066 Time Extension/Alternative Diversion Requirement (sunset 1/1/2006 – not applicable to 03/04 or future Biennial Reviews)

Biennial Review Findings In Compliance: The Board accepts the jurisdiction's implementation of its SRRE/HHWE, and its diversion rate as reported. – Met 50% Goal – "Good Faith Effort"

Biennial Review Findings (cont.) "Good Faith" Effort: – Jurisdiction has not reached 50% or Board- approved reduced goal, but has demonstrated commitment toward that end; – Program implementation and diversion rate are accepted as reported.

Biennial Review Findings (cont.) SB 1066 Time Extension/Alternative Diversion Requirement: – Senate Bill (SB) 1066 modified PRC Section in 1997 to allow jurisdictions to request time extensions (TE) in meeting 50 percent goal. – SB 1066 also modified PRC Section to allow for alternative diversion requirements (ADR). – Sunsetted January 1, 2006 (all Board approved TE/ADRs end 12/31/05).

Biennial Review Findings (cont.) Not In Compliance: Compliance Order and Schedule issued when Board determines a jurisdiction is not complying with the Act. – Local Assistance Plan - includes specific steps for jurisdiction to complete, including program changes, new programs, or studies. – Potential Fines – Failure to comply with compliance order may lead to fines up to $10,000 per day until jurisdiction implements its SRRE and HHWE and complies with the Act [PRC section 41850(a)].

Biennial Review Agenda Items Streamlined (Grouped) Agenda Items: – In Compliance Individual Agenda Items: – In Compliance with New Base Year – Not in Compliance Item Exceptions: – Compliance Orders – SB 1066 Time Extensions/ADR through 2005

Current Biennial Review Cycle – 424 jurisdictions were required to submit annual reports – Anticipate taking staff’s findings for approximately 300 jurisdictions’ BR to the Board for consideration in several “batched” or “streamlined” items starting in September – Approximately 17 will be coming forward to the Board for consideration in individual items

Time Extensions and Biennial Review Time Extensions through December 31, 2005: – 107 had SB 1066 Time Extensions through 12/31/2005 to meet 50% – Jurisdictions that did not implement their SB 1066 Plan of Correction and did not meet the 50% goal will be brought to the Board during the 2003/2004 BR

Conclusion: Questions?