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California Integrated Waste Management Board Prison Noncompliance Feb 2006

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California Integrated Waste Management Board
Board Meeting
February 14, 2006
AGENDA ITEM 12 (Revised)
ITEM
Consideration Of Action For Noncompliance With Public Resources Code (PRC) Section 42921
(a) By: Atascadero State Hospital; California Department Of Mental Health; California
Department Of Transportation, Headquarters; California Men's Colony; California Parks And
Recreation, Angeles District; California Parks And Recreation, Monterey District; California
Parks And Recreation, San Diego Coast District; California Rehabilitation Center (Prison);
California Science Center; Calipatria State Prison; Department Of Corrections; Department Of
Developmental Services; Department Of General Services, Procurement Division; Department
Of Water Resources; Ironwood State Prison; Mesa College; Office Of Statewide Health Planning
And Development; Patton State Hospital; Pelican Bay State Prison; Richard J. Donovan
Correctional Facility; San Quentin State Prison; Southern Youth Correctional Reception Center
And Clinic; State Compensation Insurance Fund; Ventura Youth Correctional Facility; 16th
District Agricultural Association; And 50th District Agricultural Association
I.

ISSUE/PROBLEM STATEMENT
The California Integrated Waste Management Board’s (Board), State Organization
Facility Assistance Section (SOFA) has identified 403 reporting State agencies and large
State facilities that are required to comply with the mandates of AB 75. Staff has
identified 26 17 out of the 403 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 a 50 percent diversion goal
by January 1, 2004. The 2004 annual report was due on April 1, 2005. Based on staff’s
analysis of the annual reports submitted by the State agencies and large State facilities
identified in this agenda item, 26 17 State agencies and large State facilities have not met
the 50 percent waste diversion mandate.

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 by January 1, 2004. To disclose how
these goals are being obtained, the law requires the submittal of an annual report each
year by April 1st denoting the progress made toward achieving the goals. Agenda Item 7
(Consideration of Action for Noncompliance of PRC 4) a similar agenda item was
presented at the Board Meeting held on April 13-14, 2004.
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:
department being nonresponsive, turnover of departmental staff, and departments not able
to substantiate data due to lack of documentation.

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Based on staff’s analysis of the annual reports submitted by the State agencies and facilities
identified in this agenda item, 26 17 State agencies and facilities have not met the 50 percent
mandate.
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.

IV.

STAFF RECOMMENDATION
Staff recommends that the Board approve Options 1, 2 and 3.

V.

ANALYSIS
A. Key Issues and Findings
Background
PRC Section 42921 requires State agencies and large State facilities to meet the waste
diversion mandate of 50 percent by January 1, 2004. Based on PRC Section 42921
the 26 17 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 the
SOFA section in 2002 developed an electronic reporting system called the State
Organization and Agency Recycling Database (SOARD) system. This system allows
all 403 State agencies and large State facilities to streamline the process by
submitting an electronic annual report quickly and easily. To date all 403 State
agencies and large State facilities have used this electronic reporting system to
comply with the requirements of the PRC Section 42926. The SOARD system tracks
all diversion opportunities within 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 department.
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
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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.
Findings
Board staff has determined that the 26 17 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 Meet 50% Waste Diversion Mandate for 2004
Atascadero State Hospital
California Department of Mental Health
California Department of Transportation, Headquarters
California Men’s Colony
California Parks & Recreation, Angeles District
California Parks & Recreation, Monterey District
California Parks & Recreation, San Diego Coast District
California Rehabilitation Center (prison)
California Science Center
Calipatria State Prison
Department of Corrections
Department of Developmental Services
Department of General Services, Procurement Division
Department of Water Resources
Ironwood State Prison
Mesa College
Office of Statewide Health Planning & Development
Patton State Hospital
Pelican Bay State Prison
Richard J. Donovan Correctional Facility
San Quentin State Prison
Southern Youth Correctional Reception Center & Clinic
State Compensation Insurance Fund
Ventura Youth Correctional Facility
16th District Agricultural Association
50th District Agricultural Association
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
overall diversion rate, total generation, total tons diverted and a condensed statement
from the State agencies and large State facilities as 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.
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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 Noncompliant with AB 75
2.
Resolution Number 2006-20

VIII. STAFF RESPONSIBLE FOR ITEM PREPARATION
A. Program Staff: Dorothy Woody
Phone: (916) 341-6257
B. Legal Staff:
Elliot Block
Phone: (916) 341-6080
C. Administration Staff: N/A
Phone: N/A
IX.

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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