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California Integrated Waste Management Board Prison Noncompliance Resolution Dec 2006

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Board Meeting
December 7, 2006

Agenda Item 13
Attachment 2

CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
Resolution 2006-226 (Revision 3)
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
WHEREAS, AB 75 (Strom-Martin, 1999) mandates that reporting State agencies and large State
facilities must meet a 50 percent diversion goal by January 1, 2004.
WHEREAS, Cuesta Community College; West Kern Community College District; Kern Valley
State Prison; Humboldt State University; Commission on Correctional Peace Officer Standards
& Training; and Board of Prison Terms have either submitted statements and documentation
supporting achievement of the diversion mandates or have been abolished by the Legislature and
no longer exist; and
WHEREAS, the 21st District Agricultural Association; 36th District Agricultural Association;
Central California’s Women’s Facility; California State University, Dominguez Hills;
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 PrisonSacramento; California Veterans Home of California- Chula Vista; College of the SiskiyouYreka have submitted their annual report in a timely fashion; however, the submitted reports
show noncompliance with the 50 percent diversion mandate; and
WHEREAS, Compton Community College; has not adequately responded to requests for or
provided supporting statements showing compliance with the 50 percent diversion mandate.
NOW, THEREFORE, BE IT RESOLVED that Cuesta Community College; West Kern
Community College District; Kern Valley State Prison; and Humboldt State University have met
the requirements of Public Resources Code, Section 42921 et. sec.; and
NOW, BE IT FURTHER RESOLVED that 21st District Agricultural Association; 36th District
Agricultural Association; Central California’s Women’s Facility; California State University,
Dominguez Hills; Department of Industrial Relations; Mesa College; California State University,
Page (2006-226

(Revision 3))

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; California Veterans Home of California- Chula Vista; College of the
Siskiyou- Yreka; and Compton Community College have not shown that the 50 percent
diversion mandate has been achieved as required by Public Resources Code, Section 42921; and
NOW, BE IT FURTHER RESOLVED that staff shall place the State agencies and large State
facilities identified above on the noncompliance section of the CIWMBs website. Placement
shall note the level of noncompliance and whether the State agency or large State facility had
made all reasonable and feasible efforts to achieve the 50 percent diversion mandate; and
NOW, BE IT FURTHER RESOLVED that Board staff and, as appropriate Board leadership,
shall meet with the leadership of the noncompliant State agency/facility to discuss appropriate
steps to take to achieve the mandated diversion and upon completion of the leadership meeting,
program staff shall review the necessity of the agency/facility developing and submitting a
modified Integrated Waste Management Plan.
NOW, BE IT FURTHER RESOLVED that Board staff shall develop a letter to the Legislature
and Governor, signed by the Board’s chair, reporting the noncompliance with the 50 percent
diversion mandate. The letter shall also note the level of effort implemented during 2005 and the
reported 2006 diversion rate. Finally, the letter shall present whether the State agency or large
State facility made all reasonable and feasible efforts to achieve the 50 percent diversion
mandate within the 2005 report year.
CERTIFICATION
The undersigned Executive Director, or his designee, of the California Integrated Waste
Management Board does hereby certify that the foregoing is a full, true, and correct copy of a
resolution duly and regularly adopted at a meeting of the California Integrated Waste
Management Board held on December 7, 2006.
Dated: December 7, 2006
Mark Leary
Executive Director

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(Revision 3))

 

 

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