BILL ANALYSIS
AB 479
Page 1
ASSEMBLY THIRD READING
AB 479 (Chesbro)
As Amended April 22, 2009
Majority vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 11-5
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|Ayes:|Skinner, Brownley, |Ayes:|De Leon, Ammiano, Charles |
| |Chesbro, | |Calderon, Davis, Fuentes, |
| |De Leon, Hill, Huffman | |Hall, John A. Perez, |
| | | |Price, Skinner, Torlakson, |
| | | |Krekorian |
| | | | |
|-----+--------------------------+-----+---------------------------|
|Nays:|Gilmore, Knight, Logue |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
| | | | |
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SUMMARY : Increases the solid waste diversion rate for local
jurisdictions to 60% by 2015 and establishes a statewide
diversion goal of 60% by 2015 and 75% by 2020. Specifically,
this bill :
1)Requires local jurisdictions to divert 60% of all solid waste
by January 1, 2015, through source reduction, recycling, and
composting.
2)Requires the California Integrated Waste Management Board
(CIWMB) to adopt policies and incentives to ensure that
statewide diversion reaches 60% by January 1, 2015, and 75% by
January 1, 2020.
3)Requires owners or operators of businesses that contract for
solid waste services and generate more than four cubic yards
of solid waste and recyclable materials per week to arrange
for recycling services consistent with local and state
requirements and to the extent that the service is "reasonably
available."
4)On or before January 1, 2011, requires each city, county,
solid waste authority, or joint powers authority located
within a county with a population of 200,000 or more to adopt
AB 479
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a commercial recycling ordinance. Specifies that the bill
does not limit the authority of a local agency to adopt,
implement, or enforce a local commercial recycling ordinance
that is more stringent or limit the authority of a local
agency in a county of less than 200,000.
5)Specifies that the bill does not modify or abrogate a
franchise granted by a local agency on or before January 1,
2010; a contract, license, or permit to collect solid waste on
or before January 1, 2010; or, the right of a business to sell
or donate their recyclable materials.
6)Increases the state tipping fee on solid waste from $1.40 per
ton to $3.90 per ton on and after January 1, 2010, and
appropriates the increase as follows:
a) Between January 1, 2010, and January 1, 2015, on a per
capita basis to jurisdictions for the expansion of source
reduction and recycling programs and commercial recycling
programs; and,
b) After January 1, 2015, on a per capita basis to
jurisdictions that have achieved 60% diversion. For
jurisdictions that have not reached 60%, requires CIWMB to
expend the fee revenues on a per capita basis to establish
local programs to meet this requirement.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would generate revenues of approximately
$100 million annually (allocated to local government) resulting
from the fee increase. This bill has minor costs, likely less
than $150,000, to the Board of Equalization (BOE) to adjust its
imposition and collection of the fee in fiscal year (FY)
2009-2010 and ongoing costs to BOE to administer allocation of
the additional revenue. BOE's costs are covered by the revenue
collected. This bill has moderate one-time special fund costs,
in the range of $400,000, to CIWMB to develop an increased
diversion plan; moderate ongoing special fund costs, around
$500,000 annually, to CIWMB to adopt policies, programs, and
incentives to achieve the increased statewide diversion rates;
and, substantial cost pressures, in the millions of dollars
annually, to CIWMB and to local governments to implement the
policies, programs, and incentives needed to achieve increased
diversion rates. (Integrated Waste Management Account)
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COMMENTS : California is a national leader in diverting waste
from landfills, currently diverting 54% of all waste. CIWMB has
adopted a "zero waste" goal for California. While a laudable
goal, this is unreachable without significant increases in
diversion efforts, including requirements for commercial
recycling. According to CIWMB, the commercial sector generates
approximately 60% of waste disposed. The AB 32 Scoping Plan,
adopted by ARB in December 2008 in response to the California
Global Warming Solutions Act, calls for substantial increases in
recycling for the commercial sector and states that "this could
be implemented, for example, through voluntary or mandatory
programs, including protocols, enhanced partnerships with local
governments, and provision of appropriate financial incentives."
Recycling provides significant benefits. Not only does it
conserve natural resources, energy, and water, it also creates
jobs and builds California's economy. According to Californians
Against Waste, the recycling industry accounts for more than
85,000 jobs and generates nearly $4 billion annually in wages
and produces $10 billion worth of goods and services annually.
Moreover, recycling helps reduce greenhouse gas emissions from
landfills and manufacturing. According to the Scoping Plan, 5.6
million metric tons carbon dioxide equivalent (MMTCO2E), of the
state's total GHG emissions are from solid waste landfills. If
left unaddressed, that number will reach 7.7 MMTCE by the year
2020. The Scoping Plan calls for reductions in methane
emissions from landfills through increased diversion/recycling,
composting, and commercial recycling.
According to the author, this bill provides a new standard for
recycling and waste reduction in California by moving the state
from the current 50% diversion requirement to 60% by 2015 and
75% by 2020 and establishes "shared responsibility" for reaching
these goals by requiring local governments to achieve 60% with
the remaining responsibility placed on CIWMB to achieve a
statewide rate of 75%. Additionally, this bill establishes
commercial recycling requirements, which closes a significant
loophole in the state's diversion efforts.
This bill provides funding to assist local governments with
achieving the 60% goal by increasing the state's tipping fee by
$2.50 and redirecting that money back to locals on a per capita
basis.
AB 479
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Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0001100