BILL NUMBER: AB 478 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 24, 2009
An act to amend Section 38562 of the Health and Safety Code,
relating to greenhouse gas emissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 478, as introduced, Chesbro. Greenhouse gas emissions: solid
waste.
Existing law, the California Global Warming Solutions Act of 2006,
requires the State Air Resources Board to adopt greenhouse gas
emissions limits and emission reduction measures by regulation. The
state board is required to approve a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020.
This bill would require the state board to consult with the
California Integrated Waste Management Board in developing the
regulations to include rules for the reduction of greenhouse gas
emissions from solid waste reduction and recycling.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Since the enactment of the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), an extensive material collection and
recycling infrastructure has been created, resulting in the
achievement of a statewide diversion rate beyond 50 percent and the
reduction of three million metric tons of carbon dioxide.
(b) All solid waste should be properly managed in order to
minimize the generation of waste, maximize the diversion of solid
waste from landfills, and manage all solid waste to its highest and
best use, in accordance with the waste management hierarchy and in
support of the California Global Warming Solutions Act of 2006.
(c) A comprehensive array of solid waste diversion programs will
result in an actual reduction in disposal tonnage and greenhouse gas
emissions.
(d) Although the state now leads the nation in solid waste
reduction and recycling, the state continues to dispose of more than
40 million tons of solid waste each year, which is more than the
national average on a per capita basis. Additional efforts must be
undertaken to divert more solid waste from disposal in order to
reduce the production of greenhouse gas emissions statewide.
(e) The anaerobic decomposition of solid waste in landfills
produces methane, a greenhouse gas 21 times more potent than carbon
dioxide.
(f) Greenhouse gas emissions can be substantially reduced by
properly managing all materials to minimize the generation of waste,
maximizing the diversion of solid waste from landfills, and capturing
methane emissions to be put to their highest and best use.
(g) Reducing waste and materials at the source of generation,
increased use of compost to benefit soils, coupled with increased
recycling and extended producer responsibility, have the potential to
reduce emissions, both within the state and within the connected
global economy.
(h) According to the State Air Resources Board's Climate Change
Scoping Plan, further implementation of aggressive high recycling and
source reduction measures has the potential to offset as much as
nine million metric tons of carbon dioxide by 2020.
SEC. 2. Section 38562 of the Health and Safety Code is amended to
read:
38562. (a) On or before January 1, 2011, the state board shall
adopt greenhouse gas emission limits and emission reduction measures
by regulation to achieve the maximum technologically feasible and
cost-effective reductions in greenhouse gas emissions in furtherance
of achieving the statewide greenhouse gas emissions limit, to become
operative beginning on January 1, 2012.
(b) In adopting regulations pursuant to this section and Part 5
(commencing with Section 38570), to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:
(1) Design the regulations, including distribution of emissions
allowances where appropriate, in a manner that is equitable, seeks to
minimize costs and maximize the total benefits to California, and
encourages early action to reduce greenhouse gas emissions.
(2) Ensure that activities undertaken to comply with the
regulations do not disproportionately impact low-income communities.
(3) Ensure that entities that have voluntarily reduced their
greenhouse gas emissions prior to the implementation of this section
receive appropriate credit for early voluntary reductions.
(4) Ensure that activities undertaken pursuant to the regulations
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminant emissions.
(5) Consider cost-effectiveness of these regulations.
(6) Consider overall societal benefits, including reductions in
other air pollutants, diversification of energy sources, and other
benefits to the economy, environment, and public health.
(7) Minimize the administrative burden of implementing and
complying with these regulations.
(8) Minimize leakage.
(9) Consider the significance of the contribution of each source
or category of sources to statewide emissions of greenhouse gases.
(c) In furtherance of achieving the statewide greenhouse gas
emissions limit, by January 1, 2011, the state board may adopt a
regulation that establishes a system of market-based declining annual
aggregate emission limits for sources or categories of sources that
emit greenhouse gas emissions, applicable from January 1, 2012, to
December 31, 2020, inclusive, that the state board determines will
achieve the maximum technologically feasible and cost-effective
reductions in greenhouse gas emissions, in the aggregate, from those
sources or categories of sources.
(d) Any regulation adopted by the state board pursuant to this
part or Part 5 (commencing with Section 38570) shall ensure all of
the following:
(1) The greenhouse gas emission reductions achieved are real,
permanent, quantifiable, verifiable, and enforceable by the state
board.
(2) For regulations pursuant to Part 5 (commencing with Section
38570), the reduction is in addition to any greenhouse gas emission
reduction otherwise required by law or regulation, and any other
greenhouse gas emission reduction that otherwise would occur.
(3) If applicable, the greenhouse gas emission reduction occurs
over the same time period and is equivalent in amount to any direct
emission reduction required pursuant to this division.
(e) The state board shall rely upon the best available economic
and scientific information and its assessment of existing and
projected technological capabilities when adopting the regulations
required by this section.
(f) The state board shall consult with the Public Utilities
Commission in the development of the regulations as they affect
electricity and natural gas providers in order to minimize
duplicative or inconsistent regulatory requirements.
(g) The state board shall consult with the California Integrated
Waste Management Board in the development of the regulations to
include rules for the reduction of greenhouse gas emissions from
solid waste reduction and recycling.
(g)
(h) After January 1, 2011, the state board may revise
regulations adopted pursuant to this section and adopt additional
regulations to further the provisions of this division.