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