Regulations: Title 14, Natural Resources Division 7, CIWMB

Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide and Regional Agency Integrated Waste Management Plans

Article 9.1. Adjustment Method for Calculating Changes in Waste Generation Tonnage

Section 18797.0. Scope and Purpose.
(a) The primary purpose of this Article is to implement section 41780.1(c) of the Public Resources Code.

(b) The adjustment method described in this Article has been selected by the Board as the standard method that shall be used to adjust the base-year generation tonnage amount. The resulting adjusted base-year generation tonnage number is an estimate of the generation tonnage in the reporting-year. This number will be used to calculate a jurisdiction's maximum allowable disposal amount, pursuant to section 18794.1(c).

Note:

Authority:
Section 40502 and 41780.1 of the Public Resources Code.

Reference:
Sections 41780.1, 41780.2, 41781, and 41821, of the Public Resources Code.

Section 18797.1. Definitions.
(a) For the purposes of this Article, the following terms have the meanings given below.

(1) "Adjustment Factors" means population, employment, taxable sales, and inflation numbers as used in the adjustment method.

(2) "Adjustment Method" means the method approved by the Board for jurisdictions to use in adjusting their base-year generation tonnage to account for changes in population, employment, taxable sales, and inflation occurring between the base-year and the reporting-year as described in this Article.

(3) "Base-Year Generation" means the combined base-year tonnage amount of disposed and diverted wastes, as approved by the Board pursuant to section 41801 of the Public Resources Code.

(4) “Industry Employment” means employment by place of work.

(5) "Jurisdiction" means a city, unincorporated county, city and county, or regional agency with responsibility for waste management. This definition is in addition to the definition found in section 18720(a)(33).

(6) “Labor Force Employment” means employment by place of residence.

(7) "Non-Residential Solid Waste" means all solid waste other than residential solid waste, including self-haul waste from non-residential sources.

(8) "Region" means an entity formed pursuant to sections 40970 through 40975 of the Public Resources Code. This definition supersedes the definition found in section 18720(a)(57).

(9) "Reporting-Year Generation" means the estimate of a jurisdiction's combined tonnage of disposed and diverted wastes for any calendar year following the base-year. The reporting-year generation estimate is derived by using the adjustment method set forth in this Article to adjust the base-year generation tonnage amount.

(10) "Residential Solid Waste" means all solid waste originating from single-family and multi-family dwellings, including self-haul wastes from residential sources. This definition is in addition to the definition in section 18720(a)(59).

Note:

Authority:
Section 40502 and 41780.1 of the Public Resources Code.

Reference:
Sections 41780.1, 41780.2, 41781, and 41821, of the Public Resources Code.

Section 18797.2. Adjustment Factor Sources.
A jurisdiction shall perform the adjustment method using adjustment factor sources as follows:

(a) A jurisdiction shall use the following sources for factor numbers for any given calendar year:

(1) Employment as reported by the California Employment Development Department:

• countywide labor force employment, or
• countywide industry employment, or
• countywide industry employment for the non-residential adjustment factor, and countywide labor force employment for the residential adjustment factor.

(2) Population as reported by the California Department of Finance:

• countywide population, or
• jurisdiction population.

(3) Inflation as represented by the Consumer Price Index reported by the California Department of Industrial Relations:

• statewide Consumer Price Index, or
• metropolitan area Consumer Price Index.

(4) Taxable Sales as reported by the California State Board of Equalization:

• countywide Taxable Sales, or
• jurisdiction Taxable Sales.

(b) Notwithstanding subdivision (a) of this section, if a jurisdiction believes that any of the adjustment factor numbers do not validly represent the jurisdiction's population and/or economy, a jurisdiction may instead perform the adjustment method using one or more countywide or jurisdiction factor numbers from other sources, if the following conditions are met:

(1) A jurisdiction shall select a scientifically reliable, third party source for each of the jurisdiction-supplied adjustment factor numbers used. Possible sources include, but are not limited to, studies by the U.S. Census, State Agencies, Regional Councils of Government, Municipal Chambers of Commerce, accredited Universities or Colleges, or professionally recognized consultants in the field of economics, geography, or demographics. A jurisdiction shall submit a copy of each source document used to the Board at the time of the annual report.

(2) For each factor, the jurisdiction shall use the same source for both the base-year factor number and the reporting-year factor number when performing the calculations. If a base-year factor number for employment is not available, and the factor number for the year following the base-year reflects increased or no employment growth since the base-year, then the factor number for the year following the base-year may be used for the base-year factor number. A jurisdiction shall substantiate increased or no employment growth since the base-year with corroborative data from at least one scientifically reliable, third party source as described in subdivision (b)(1) of this section. A jurisdiction shall submit a copy of each source document used for the corroborative data to the Board at the time of the annual report.

(3) Board approval of the use of alternative sources. In reviewing alternative sources, the Board shall consider any jurisdiction-supplied adjustment factor numbers and sources to determine if they meet the requirements of subdivisions (b)(1) and (b)(2) of this section. If the Board disapproves any adjustment factor numbers and/or sources, a jurisdiction may choose other factor numbers and/or sources for Board consideration.

Note:

Authority:
Section 40502 and 41780.1 of the Public Resources Code.

Reference:
Sections 41780.1, 41780.2, 41781, and 41821, of the Public Resources Code.

Section 18797.3. Adjustment Method Calculation.
(a) If a jurisdiction is a region, then the tonnage amounts, and adjustment factor numbers for all cities and unincorporated counties included in the region's regional agreement, shall be summed before calculating the single adjustment for the region's base-year generation.

(b) Before calculating the adjustment, a jurisdiction shall separate the base-year generation tonnage by source into residential and non-residential amounts. If a jurisdiction cannot derive the actual residential and non-residential amounts from its records, the jurisdiction may make a best estimate of how much of their base-year generation is from residential sources and how much is from non-residential sources.

(c) When calculating the values in subdivision (e) of this section, and calculating the adjusted base-year generation tonnage in subdivision (f) of this section, a jurisdiction shall use the values defined below:

For example, in the hypothetical jurisdiction of "Surfcity":

(d) Before calculating values other than those described in section 18797.2(b) for the equations in subdivision (e) of this section, a jurisdiction shall select one of three countywide employment factor number sets:

(1) Labor force employment for calculating the non-residential adjustment factor and the residential adjustment factor; or

(2) Industry employment for calculating the non-residential adjustment factor and the residential adjustment factor, or

(3) Industry employment for calculating the non-residential adjustment factor and labor force employment for calculating the residential adjustment factor.

(e) Before performing the adjustment calculation, a jurisdiction shall calculate values for the four equations below:

(f) Using the variables defined in subdivisions (c) and (e) of this section, a jurisdiction shall calculate the adjusted base-year generation tonnage using the equation below:

Note:

Authority:
Section 40502 and 41780.1 of the Public Resources Code.

Reference:
Sections 41780.1, 41780.2, 41781, and 41821, of the Public Resources Code.

18797.4. Reporting Requirements

Note:

Authority:
Section 40502 and 41780.1 of the Public Resources Code.

Reference:
Sections 41780.1, 41780.2, 41781, and 41821, of the Public Resources Code.

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