BILL ANALYSIS
SB 1778
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2005-2006 Regular Session
BILL NO: SB 1778
AUTHOR: Alarcon
AMENDED: April 4, 2006
FISCAL: Yes HEARING DATE: April 24, 2006
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : ALTERNATIVE DAILY LANDFILL COVER
SUMMARY :
Existing law , under the California Integrated Waste Management
Act of 1989:
1) Provides that the use of solid waste for beneficial reuse
in the construction and operation of a solid waste
landfill, including the use of alternative daily cover
(ADC), reduces or eliminates the amount of solid waste
disposed, must constitute diversion through recycling, and
cannot be considered disposal for purposes of the Act.
2) Requires the California Integrated Waste Management Board
(CIWMB) to adopt regulations by December 31, 1997,
establishing conditions for use of ADC.
This bill :
1) Specifies that ADC composed of woody and green material is
not considered diversion and must be included in
determining the amount of solid waste that is subject to
disposal.
2) Strikes the deadline for adoption of regulations by the
CIWMB and clarifies that the CIWMB must adopt or revise
regulations by January 1, 2010, establishing conditions for
use of ADC.
3) Requires the CIWMB to adopt a schedule for excluding woody
and green material ADC from being considered as meeting the
diversion requirements of the Act.
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4) Requires the CIWMB to adopt regulations establishing a
"market development credit adjustment factor" that enables
a jurisdiction to adjust its diversion rate by adding
diversion points to its diversion rate for the purchase of
compost. The CIWMB must establish a schedule to credit a
jurisdiction with a diversion rate adjustment based on the
number of tons of compost used by the jurisdiction in a
reporting year, and in developing the schedule must
consider whether the compost is locally produced.
5) Includes related legislative intent.
6) Makes technical and clarifying amendments.
COMMENTS :
1) Purpose of Bill . According to the author, "ADC means cover
material other than earthen material placed on the surface
of the active face of a municipal solid waste landfill at
the end of each operating day to control vectors, fires,
odors, blowing litter, and scavenging. The [CIWMB] has
approved ten material types to be used as ADC. The use of
ADC is not recorded as disposal, instead landfills receive
recycling 'credit' for using diverted waste materials as
ADC. Currently the [Act] establishes that ADC use is
considered diversion through recycling."
The author notes that the CIWMB found in 2000 that ADC is
"being overused at landfills around the state, representing
as much as 23% of the total waste being deposited. Often
the driving force behind overuse of ADC is subsidies or
diversion credit for recycling. Some landfills are trying
to attract as much wood waste as possible, labeling it as
'ADC,' and putting it into the landfill."
The author indicates that "SB 1778 directs the [CIWMB] to
create a timeline to phase-out a landfill's diversion
credit for its [ADC] in order to maximize recycling . . .
and creates a diversion credit for the use of compost."
2) Background on ADC and diversion credits . The California
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Integrated Waste Management Act of 1989 requires each city
or county source reduction and recycling element to include
an implementation schedule that shows a city or county must
divert 25% of solid waste from landfill disposal or
transformation by January 1, 1995, and must divert 50% of
solid waste on and after 2000.
In 1996, the Natural Resources Defense Counsel challenged
regulations implementing CIWMB's policy allowing diversion
credit for ADC and the Sacramento Superior Court held that
the regulations were inconsistent with the Act. AB 1647
(Bustamante) Chapter 978, Statutes of 1996, amended the Act
to allow ADC diversion credit, require the CIWMB to adopt
regulations establishing conditions for use of ADC, and
make related changes.
ADC materials approved by the CIWMB that can be reported as
diversion include ash and cement kiln dust, treated auto
shredder waste, construction and demolition waste, compost,
green material, contaminated sediment, sludge, and shredded
tires. SB 1778 continues to allow ADC diversion credit if
the ADC is not comprised of woody and green material. This
bill also requires the CIWMB to adopt a schedule for
excluding woody and greenwaste ADC from being considered as
meeting diversion requirements of the Act, creates a
diversion credit, and contains related amendments.
3) Guidance for schedule ? SB 1778 requires the CIWMB to adopt
a schedule for excluding ADC woody and green material from
the Act's diversion requirements, but does not set a
deadline or provide conditions for a schedule (e.g., longer
phase-out for those entities with the highest amount of ADC
woody and green materials, phase-out tied to achievable
alternative diversion programs).
SB 411 is similar to SB 1778 (see comment #7 for more
information on SB 411). When the committee heard SB 411
(Alarcon) in January, the committee recognized that
development of a schedule based on certain conditions
should be developed. Also, since revised regulations must
be adopted by January 1, 2010, any changes to the diversion
requirements should not commence prior to the regulation
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due date.
4) Setting precedent for diversion credit through
double-counting . SB 1778 requires the CIWMB to adopt
regulations establishing a "market development credit
adjustment factor" enabling a jurisdiction to adjust its
diversion rate by adding diversion points to its diversion
rate for the purchase of compost.
While this may be an effort to encourage local governments to
use compost, it sets a precedent for those who may want
credits for using other diverted materials and results in
double-counting. It would be more appropriate to strike
the credit procedure and focus on conditions for a schedule
(see Comment #3).
5) Support and opposition concerns . Supporters of revising
ADC procedures have generally noted that markets for green
waste "are being undermined by the use of these materials
as landfill cover." Supporters have indicated that use of
greenwaste ADC increased 20% from 2001 to 2003, compost
production decreased almost 30% during that period, and
continued diversion credit for use of greenwaste as ADC
threatens the existence of the state's composting industry.
According to Sierra Club California, "The purpose of [SB
1778] is to stimulate growth of markets for green material,
which can be put to many beneficial uses."
Opponents of revising the ADC procedures have generally
indicated that it is important for composting markets to be
developed first to stimulate greenwaste demand. According
to the County Sanitation Districts of Los Angeles County,
"ADC programs offer a reliable and cost-effective market
for green waste, and have stimulated the development of
separate green waste collection programs . . ." According
to other opponents, "Restricting the use of green materials
in ADC would force landfills, in many cases, to import
virgin soils for daily cover rather than recycling a green
material already available through solid waste hauling
operations."
6) Related legislation . SB 411 (Alarcon) is similar to SB
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1778, except that SB 411 did not allow for a "market
development credit adjustment factor." SB 411 was approved
by the Senate Environmental Quality Committee January 9,
2006 (5-1), placed on the Senate Appropriations Committee
Suspense File January 19, 2006, and returned to the
Secretary of the Senate pursuant to Joint Rule 56 January
31, 2006. SB 1345 (Chesbro) revises certain procedures
relating to procurement of compost and requires Caltrans to
progressively use more compost instead of fertilizer in the
state's highway landscape maintenance program.
SOURCE : Californians Against Waste
SUPPORT : California Biomass Energy Alliance
Californians Against Waste
Sierra Club California
OPPOSITION : Allied Waste, Inc.
California Refuse Removal Council
California State Association of Counties
Desert Valley Disposal, Inc.
Inland Empire Disposal Association
League of California Cities
Los Angeles County Waste Management Association
Norcal Waste Systems, Inc.
Palm Springs Disposal Services
Rainbow Disposal Co. Inc.
Republic Services, Inc. (and California
divisions Consolidated Disposal, Richmond
Sanitary and Taormina Industries)
Regional Council of Rural Counties
Rural Counties Environmental Services Joint
Powers Authority
Sanitation Districts of Los Angeles County
Solid Waste Association of North America,
California Chapters
Solid Waste Association of Orange County
Waste Management