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California Integrated Waste Management Board Prison Noncompliance Dec 2006

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California Integrated Waste Management Board
Board Meeting
December 7, 2006
AGENDA ITEM 13 (Revision 3)
ITEM
Consideration Of Action For Noncompliance With Public Resources Code (PRC) Section 42921
By: 21st District Agricultural Association; 36th District Agricultural Association; Central
California's Women's Facility; Cuesta Community College; California State University,
Dominguez Hills; Humboldt State University; Department Of Industrial Relations; Mesa
College; California State University, Monterey Bay; California Institution For Men, Chino;
Richard J. Donovan Correctional Facility; Riverside Community College District; California
Science Center- Los Angeles; California State Prison- Sacramento; West Kern Community
College District; California Veterans Home Of California- Chula Vista; College of The
Siskiyous- Yreka; Compton Community College; Commission On Correctional Peace Officer
Standards & Training; Kern Valley State Prison; Board of Prison Terms
I.

ISSUE/PROBLEM STATEMENT
The California Integrated Waste Management Board’s (Board), State Organization
Facility Assistance Section (SOFA) has identified 406 reporting State agencies and large
State facilities that are required to comply with the mandates of AB 75. Staff has
identified 21 16 out of the 406 reporting State agencies and large State facilities as being
noncompliant. According to Public Resources Code (PRC) Section 42921 mandates that
reporting State agencies and large State facilities must meet on and after January 1, 2004,
shall divert at least 50 percent of all solid waste from landfills.
The 2005 annual report was due on April 1, 2006. Based on staff’s analysis of the annual
reports submitted by the State agencies and large State facilities identified in this agenda
item, 17 15 State agencies and large State facilities have not maintained the 50 percent
waste diversion mandate. Additionally, four (4) one (1) State agencies and large State
faculty ies have has not submitted the required annual report for 2005.

II.

ITEM HISTORY
AB 75 requires all State agencies and large State facilities to meet waste diversion goals of
25 percent by January 1, 2002 and 50 percent on and after January 1, 2004. To disclose
how these goals are being attained, the law requires the submittal of an annual report each
year by April 1st denoting the progress made toward achieving the goals. The CIWMB has
heard, on two previous occasions, items addressing noncompliance. The first was at the
April 13-14, 2004 Board Meeting addressing non-compliance with the 25 percent diversion
mandate (Item #7) and the second action was taken at the February 14, 2006 Board Meeting
addressing non-compliance with the 50% diversion mandate (Item #12). Additionally on
November 15, 2006 the Board approved agenda item 7. This item adopted options for the
Board to consider, on a case-by-case basis, regarding noncompliance and the “best means”
to promote compliance with PRC Section 42921.
Board staff has contacted each of the identified State agencies and large State facilities
recycling coordinator (RC) on numerous occasions offering assistance on completing the
annual report and/or requirements. Although a majority of State agencies and facilities
have been cooperative, staff has encountered some difficulties which included:
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department being non-responsive, turnover of departmental staff, and departments not
able to substantiate data due to lack of documentation.
At the December 5, 2006 Sustainability and Market Development Committee, staff was
directed to modify the recommendations and bring a revised item to the Board.

III.

OPTIONS FOR THE BOARD
The Board may:
1. Direct Board staff to develop a letter to the legislature signed by the Board’s Chair
reporting the State agencies and facilities identified in this agenda item that are not in
compliance with the 50 percent diversion mandate.
2. Direct Board staff to continue to assist the state agencies and facilities to help them
achieve the 50% diversion mandate.
3. Direct Board staff to request each state agency or facility submit an explanation of
how they plan to meet the 50% diversion mandate.
4. Take no action at this time and provide staff with further direction.
1. Place agency/facility on the non-compliance section of the CIWMB’s website.
2. Direct Board leadership to meet with the leadership of the noncompliant State
agency/facility (and if appropriate the Department Director) to discuss appropriate
steps to take to achieve the mandated diversion. Upon completion of the leadership
meeting, have program staff review the necessity of the agency/facility developing
and submitting a modified Integrated Waste Management Plan.
3. Direct Board staff to develop a letter to the Legislature and Governor, signed by the
Board’s chair, reporting the noncompliance with the 50 percent diversion mandate.
4. If the State agency/facility does not achieve the diversion mandate in two or more
consecutive years the Board may direct the Office of Public Affairs to notify the
media, either regionally or statewide of the noncompliance by an agency or facility.
5. Take no action at this time and provide staff with further direction.

IV.

STAFF RECOMMENDATION
Staff recommends that the Board approve the options for each state agency or large state
facility outlined in Attachment 1.5 following: Options 1, 2 and 3.
Options 1, 2, and 3 for the following agencies and facilities:
21st DAA
36th DAA
California State University Dominguez Hills
California State University Monterey Bay
Humboldt State University
College of the Siskiyous-Yreka
Compton Community College
Riverside Community College District
Department of Industrial Relations
California Science Center- Los Angeles
California Veterans Home of California- Chula Vista

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Options 1, 2, and 3 (including the Executive Director of the Department of Corrections)
for the following facilities:
Central California’s Women Facility
California Institution for Men, Chino
California State Prison Sacramento

Options 1, 2, 3 (including the Executive Director of the Department of Corrections), and
4 (for not complying for a second year in a row) for the following facility:
Richard J. Donovan Correctional Facility
Options 1, 2, 3, and 4 (for not complying for a second year in a row) for the following
facility:
Mesa College
V.

ANALYSIS
A. Key Issues and Findings
Background
PRC Section 42921 (b) requires State agencies and large State facilities to meet the
waste diversion mandate of 50 percent on and after January 1, 2004. Based on PRC
Section 42921 the 21 16 State agencies and large State facilities identified in this item
are not in compliance with the 50 percent diversion mandate.
To disclose how this mandate is being met, the law requires State agencies and large
State facilities to submit an Integrated Waste Management Annual Report to the
Board by April 1st of each year beginning 2002.
To assist State agencies and large State facilities in submitting the annual reports in
2002 the SOFA section developed an electronic reporting system called the State
Organization and Agency Recycling Database (SOARD) system. This system allows
all reporting State agencies and large State facilities to streamline the process by
submitting an electronic annual report quickly and easily. Prior to the 2005 annual
reporting cycle, all State agencies and large State facilities have successfully used the
electronic reporting system to comply with the requirements of the PRC Section
42926. The SOARD system tracks diversion within six (6) major diversion program
categories. The diversion programs range from source reduction, recycling,
composting, special waste, facility recovery and transformation. The SOARD system
automatically calculates the overall waste diversion percentage once the diversion
programs, tons associated with the diversion programs, and total tons disposed are
entered into the system by the State agency or large State facility.
Basis for staff’s analysis
Staff has been in contact with the State agencies and large State facilities as to why
they have not met the 50 percent waste diversion mandate. Some of the statements
given to staff by the State agencies and large State facilities include: documentation
not available; turnover of departmental staff; cannot substantiate data due to lack of
documentation and diversion programs not implemented fully.

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Staff has been unable to contact State agencies and large State facilities that reported
they were in compliance to verify information. Several of these reported the same
diversion and disposal tonnages as in their 2004 annual report. Staff has also used all
available means to obtain a 2005 annual report from the one (1) four (4) nonsubmitters. To date all efforts to obtain the four (4) one (1) reports have been
fruitless.
Findings
Board staff has determined that the 16 State agencies and large State facilities have
not met the necessary requirements to be in compliance with the AB 75 waste
diversion mandate of 50 percent.
The findings were based on staff’s analysis of the annual report, site visits conducted
by staff, and statements received from the State agencies and large State facilities.
Did Not Show Achievement of 50% Waste Diversion Mandate for 2005
1. 21st District Agricultural Association (Big Fresno Fair, Fresno)
2. 36th District Agricultural Association (Dixon May Fair, Dixon)
3. Central California's Women's Facility
4. California State University, Dominguez Hills
5. Humboldt State University
6. Department of Industrial Relations
7. Mesa College*
8. California State University, Monterey Bay
9. California Institution For Men, Chino
10. Richard J. Donovan Correctional Facility *
11. Riverside Community College District
12. California Science Center - Los Angeles*
13. California State Prison – Sacramento
14. California Veterans Home of California – Chula Vista
15. College of the Siskiyous – Yreka
Staff Unable to Verify Diversion Rates Higher Than 50 Percent
16. Cuesta Community College – San Luis Obispo
17. West Kern Community College District
Non-Submittal of Annual Report
18. Compton Community College
19. Commission on Correctional Peace Officer Standards & Training
20. Kern Valley State Prison
21. Board of Prison Terms
(* indicates second year the State agency or large State facility reports achieving a
diversion rate less than the mandatory 50 percent.)
Additional details regarding each of the State agencies and large State facilities
situation is reflected in Attachment 1. Attachment 1 contains such information as the
2005 overall diversion rate, 2004 Overall diversion rate, total generation for 2005,
total tons diverted in 2005, total tons Disposed in 2005, and a condensed statement

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from the State agencies and large State facilities about why they did not meet the 50
percent waste diversion mandate.
B. Environmental Issues
Based on available information, staff is not aware of any environmental issues related
to this item.
C. Program/Long Term Impacts
If clear direction or action is not taken, additional agencies and facilities may follow
the example set by these noncompliant State agencies and facilities and not submit
the required annual reports and documentation in the future.
D. Stakeholder Impacts
The specific impacts of this agenda item on the State agencies and facilities identified
in this agenda item are not known at this time. It will be dependent on the actions of
the Board and the Legislature.
E. Fiscal Impacts
No fiscal impact to the Board results from this item.
F. Legal Issues
This item represents the process for reporting achievement with the requirements of
Public Resources Code (PRC) Section 42921. The current statute does not provide
any clear direction as to the Legislature’s intent should an agency or facility not
comply with the mandate. Additionally, the PRC is silent on the Board’s authority
for enforcement action against any agency or facility that is not compliant or has
misreported to the Board.
G. Environmental Justice
Staff is not aware of any environmental justice issue related to this item.
H. 2001 Strategic Plan
This item supports Strategic Plan Goal 2, Objective 3- Support local jurisdictions’
ability to reach and maintain California’s waste diversion mandates.
Strategy C- Facilitate cooperation efforts among State, local and private entities to
lower cost of diversion and increase benefit to local jurisdictions.
VI.

FUNDING INFORMATION
This item does not require any Board fiscal action.

VII.

ATTACHMENTS
1. Additional Analysis of State Agencies Noncompliance with PRC Section 42921
1.5. Staff Recommendations Table
2. Resolution Number 2006-226

VIII. STAFF RESPONSIBLE FOR ITEM PREPARATION

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A. Program Staff: Trevor O’Shaughnessy
B. Legal Staff: Elliot Block
IX.

Phone: (916) 341-6203
Phone: (916) 341-6080

WRITTEN SUPPORT AND/OR OPPOSITION
A. Support
Board staff received no written support at the time this agenda item was prepared.
B. Opposition
Board staff received no written opposition at the time this agenda item was prepared.

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