1. (a) In addition to local jurisdiction review of city, regional agency, and county SRREs and HHWEs, at least once every two years, the Board shall conduct an independent review of SRREs and HHWEs. This biennial review will enable the Board to assess each jurisdiction's progress towards meeting the mandated diversion requirements. The Board shall determine if the SRRE and HHWE programs are being implemented, and if jurisdictions are meeting the goals of their SRRE and HHWE.

2. (b) If the Board finds that a jurisdiction is failing to implement its SRRE and HHWE, and is not making progress towards meeting the requirements of Public Resources Code sections 41000, 41300, 41500, 41510 or 41780, as applicable, after a public hearing on the matter, the Board shall issue a compliance order for achieving those requirements.

   1. (1) The compliance order shall identify the programs goals of the SRRE and HHWE which are not being implemented or attained by the jurisdiction, or identify areas of the SRRE and HHWE which require revision. The Board shall also set a date by which the jurisdiction shall meet the mandated requirements.
   2. (2) The Board shall issue the compliance order within 30 days of making its finding of noncompliance.
3. (c) If a jurisdiction fails to bring its SRRE and HHWE into compliance by the date specified by the Board, the Board shall enforce the compliance order pursuant to Public Resources Code section 41850.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41000, 41300, 41500, 41510, 41780, 41825 and 41850, Public Resources Code.

History

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.

2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.

3. Editorial correction of Certificate of Compliance due date in History 2 (Register 91, No. 13).

4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).

5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a) and (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).

7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).

8. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.

9. Editorial correction adding History 8 and changes noted therein (Register 94, No. 48).

10. Editorial correction of subsection (b) (Register 95, No. 19).

11. Certificate of Compliance as to 1-3-94 order, including amendment of section heading and subsection (a), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).