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  









                                                                AB 479
                                                                 Page 2

                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.










                                                                AB 479
                                                                 Page 3

           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  









                                                                AB 479
                                                                 Page 4

             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  









                                                                AB 479
                                                                 Page 5

             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









                                                                AB 479
                                                                 Page 6

           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