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ORDINANCE NO. 2019-15 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, AMENDING PORTIONS OF <br />CHAPTER 6.04 AND OTHER RELATED PROVISIONS OF THE <br />NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER <br />6.06 TO TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE <br />TO INCORPORATE STATE MANDATES ON THE DIVERSION OF <br />MUNICIPAL SOLID WASTE <br />WHEREAS, Assembly Bill 939 ("AB 939"), codified in Public Resources Code Section <br />40000 et. seq., requires the City of Newport Beach ("City") to divert a minimum of fifty percent <br />(50%) of the municipal solid waste generated from landfill disposal; <br />WHEREAS, AB 939 was amended by Assembly Bill 341 ("AB 341 "), as codified in Public <br />Resources Code Section 41780.01, in 2011 to establish a statewide goal of diverting seventy- <br />five percent (75%) of all municipal solid waste from landfill by 2020 and to require all local <br />government jurisdictions to provide a commercial recycling program to businesses and to multi- <br />family developments of five (5) units or larger by July 1, 2012; <br />WHEREAS, AB 341 also required all businesses generating more than four (4) cubic <br />yards per week of commercial municipal solid waste and all multi -family dwellings of five (5) <br />units or more, to arrange for recycling services by July 1, 2012; <br />WHEREAS, AB 939 was further amended by Assembly Bill 1826 ("AB 1826"), codified <br />in Public Resources Code Section 42649.82, in 2014 to require the City to provide a diversion <br />program for collection and diversion of food scraps (including food -soiled paper mixed in with <br />food scraps), green waste and non -hazardous wood, on or before January 1, 2016; <br />WHEREAS, AB 1826 also required businesses generating certain quantities of food <br />scraps, green waste and wood to participate in a diversion program according to a specified <br />schedule beginning with participation by the largest generators of these materials on or before <br />April 1, 2016; and participation by additional generators of these materials by January 1, 2017, <br />and by January 1, 2019, depending upon the quantity of food scraps, green waste and wood <br />generated (Public Resources Code Section 42649.81); <br />WHEREAS, AB 939 was amended by Assembly Bill 1594, codified in Public Resources <br />Code Section 41781.3, in 2014 to phase out the use of green waste as alternative daily cover <br />at landfills and no longer allow the City to receive diversion credit for such use on or after <br />January 1, 2020; <br />