BILL ANALYSIS
AB 479
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 479
AUTHOR: Chesbro
AMENDED: July 1, 2009
FISCAL: Yes HEARING DATE: July 6, 2009
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : SOLID WASTE DIVERSION
SUMMARY :
Existing law :
1)Under the California Integrated Waste Management Act (Act)
of 1989 :
a) 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, through source reduction, recycling, and
composting activities, and must divert 50% of solid waste
on and after January 1, 2000. (Public Resources Code
41780).
b) Requires the Integrated Waste Management Board (IWMB)
to determine compliance status for cities and counties in
achieving and maintaining the 50% diversion rate.
Jurisdictions are found to be in compliance by meeting or
exceeding the 50% diversion rate and implementing the
programs described in their plans or by making a good
faith effort to implement their programs but not
achieving the 50% diversion rate. Jurisdictions who do
not meet the above are placed on compliance orders and
are subject to fines. (41850).
c) Authorizes a local government agency to determine
aspects of solid waste handling that are of local
concern, such as frequency of collection, levels of
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service, and fees. (40059).
d) Requires the formation of county task forces to
oversee and guide the development of waste management and
recycling plans for the respective counties. The task
forces include local government representatives, as well
as representative of the solid waste industry,
environmental groups and the public. (40950).
e) Prohibits a local agency from issuing a building
permit for a development project unless the project
provides for adequate space for collecting and loading
recyclable materials. (42905)
f) Authorizes the IWMB to designate and certify local
enforcement agencies (LEAs) to carry out local permitting
and enforcement of solid waste facilities. (43200 et
seq.).
g) Prohibits the operator of a solid waste facility from
making a significant change to the design or operation of
a facility that is not authorized in the existing solid
waste facility permit. (44004).
h) Requires local jurisdictions to prepare, adopt and
submit to the IWMB, an Non-Disposal Facility Element
(NDFE) which includes a description of new facilities and
expansion of existing facilities, and all solid waste
facility expansions (except disposal and transformation
facilities) that recover for reuse at least five percent
of the total volume. The NDFE must also be consistent
with the implementation of a local jurisdiction's Source
Reduction and Recycling Element. (41730-41736).
This bill :
1) Adds extensive findings and declarations related to
recycling and recycling infrastructure.
2) States that the IWMB must ensure that by January 1, 2020
and annually thereafter, 75% of the solid waste generated
in California is source reduced, recycled or composted.
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3) Requires that by January 1, 2011, any owner or operator of
a business that contracts for solid waste services and
generates more than 4 cubic yards of material per week
shall arrange for recycling services to the extent that
these services are offered and reasonably available from a
local service provider.
4) Adds to the list of determinations that a LEA can make when
reviewing a solid waste facility permit. Allows the LEA to
consider whether to require a modification for a proposed
change in maximum tonnage if it is provided for within the
existing design capacity as described in the facility
transfer processing report as well as relevant permits and
environmental review pursuant to the California
Environmental Quality Act.
5) Proposes changes to the amendment process for NDFEs that
would allow changes without approval by the local task
force and instead require the jurisdiction making the
change to provide the information to the local task force
as described.
COMMENTS :
1)Purpose of Bill . According to the author, this bill
provides a new standard for recycling and waste reduction in
California by moving the state toward a recycling goal of
75% by 2020. Additionally, this bill establishes commercial
recycling requirements, which closes a significant loophole
in the state's diversion efforts.
2)Statewide Diversion Efforts . According to the IWMB, despite
growth in population, employment, and taxable sales,
California sent less of its solid waste into landfills
during 2007 than it did during the prior year. The
statewide solid waste diversion rate for 2007, which was
calculated and announced as 2008, was drawing to a close,
rose from 54% in 2006 to 58% in 2007. Once again,
California can lay claim to being the nation's leader in
managing its solid waste. Overall, during 2007 Californians
were able to divert about 53.5 million tons of solid waste
away from landfills and into higher and better uses. This
bill moves the state toward even more aggressive diversion
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efforts that are necessary to compensate for population
growth and increases in per capita generation of waste by
establishing a goal for the IWMB of ensuring that by 2020,
75% of the solid waste generated is diverted from landfill
disposal. This also represents a shift toward statewide
diversion efforts to complement the efforts already being
accomplished by local jurisdictions.
3)Commercial Recycling . Currently there is not a state
mandate for commercial entities to recycle. The mandate
falls solely on local jurisdictions. Many jurisdictions
have programs in place to work with commercial entities to
reduce the amount of waste disposed. Others have adopted
ordinances to require them to recycle. Most solid waste
service providers have programs designed for commercial
customers that offer recycling services. According to the
IWMB about one-half the waste generated in the state is from
commercial sources.
4)Non-disposal Facility Element (NDFE) . A NDFE is one of a
local jurisdiction's planning documents required by the Act.
It identifies IWMB permitted "non-disposal" facilities used
by a jurisdiction to help reach the diversion mandates.
Non-disposal facilities that require a solid waste facility
permit are primarily materials recovery facilities (MRF)
that accept mixed municipal solid waste, compost facilities,
and transfer stations. A jurisdiction's NDFE may also
include other facilities not defined as non-disposal
facilities, such as recycling centers and drop-off centers.
A jurisdiction must amend its NDFE when siting a new
non-disposal facility within its jurisdiction that was not
previously identified in its NDFE. The NDFE is linked to
the solid waste permitting process by a conformance finding,
made first by the LEA for the county, and corroborated by
the IWMB. A conformance finding is verification that the
location of a permitted disposal facility is identified in
the appropriate county's siting element or that a
non-disposal facility is identified in the appropriate NDFE.
5)Changes to a Solid Waste Facility Permit . An operator of a
solid waste facility can not make a significant change to
design or operation unless specified criteria are met and
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approved by the LEA. And, depending on the modification,
the IWMB must also approve the change. This bill attempts
to clarify that if a operator is proposing changes to the
facility that are within the permitted parameters that those
changes would trigger a permit modification rather than a
full permit revision. However, the language proposed in the
bill requires clarification to accomplish this.
6)Related Legislation . SB 25 (Padilla) increases the
diversion rate mandate for local jurisdictions for solid
waste from 50% to 60% by 2015. The bill mandates commercial
recycling for entities that generate more than 4 cubic yards
of solid waste per week. This bill also makes a variety of
changes to existing laws relating to permit review, solid
waste tipping fees, illegal dumping and refuse service
providers. This bill was heard by this Committee on April
27, 2009 and is currently set for hearing in the Assembly
Natural Resources Committee July 6, 2009.
SB 1020 (Padilla), introduced in 2007, required IWMB to
develop a plan to achieve a 75% statewide rate of solid
waste diversion from landfills and other disposal facilities
by January 1, 2020. This bill was held in the Assembly
Appropriations Committee.
7)Amendments Needed . The bill should be amended to:
a) Clarify that the 75% diversion goal is a statewide
effort for the IWMB and does not place additional
responsibility on local jurisdictions or solid waste
enterprises.
b) Clarify the language regarding the permit revision
process to indicate that this is only for activities and
operations that are within the range of the applicable
permits including the California Environmental Quality
Act.
SOURCE : Californians Against Waste
SUPPORT : California Refuse Recycling Council
California Resource Recovery Association
Inland Empire Disposal Association
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Los Angeles County Waste Management Association
Solid Waste Association of Orange County
OPPOSITION : California Business Properties Association
California Chamber of Commerce
California Grocers Association
California League of Food Processors
California Manufacturers & Technology Association
California Paint Council
California Retailers Association
California Taxpayers' Association
Grocery Manufacturers Association
Chemical Industry Council of California
Consumer Specialty Products Association
National Paint and Coatings Association
Orange County Board of Supervisors
Stop Hidden Taxes Coalition
TechAmerica
Soap and Detergent Association
Western Wood Preservers Institute