BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 341
Author: Chesbro (D), et al.
Amended: 7/7/11 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-1, 6/27/11
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NOES: Strickland
SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 48-28, 5/31/11 - See last page for vote
SUBJECT : Solid waste: diversion
SOURCE : Californians Against Waste
DIGEST : This bill requires the state to divert 75
percent of its solid waste annually on or by 2020; requires
a commercial waste generator to arrange for recycling
services; requires a local government to implement a
commercial solid waste recycling program designed to divert
solid waste from businesses; and also requires the
Department of Resources and Recycling and Recovery, on or
before January 1, 2014 to submit a report to the
Legislature that provides strategies to achieve the state's
policy goal that not less than 75 percent of added waste
CONTINUED
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generated be source reduced, recycle, or composted by the
year 2020, and annually thereafter which is to include
specified information.
ANALYSIS :
Existing Law :
1. Requires local governments to divert 50 percent of solid
waste disposed by their jurisdictions through source
reduction, recycling, and composting.
2. Requires a local government to have a source reduction
and recycling plan that places primary emphasis on
implementation of all feasible source reduction,
recycling, and composting programs while identifying the
amount of landfill and transformation capacity that will
be needed for solid waste that cannot be reduced at the
source, recycled, or composted.
3. Requires a local government to have a nondisposal
facility plan that includes all solid waste facilities
and solid waste facility expansions that will help the
local government reach its waste diversion mandate.
4. Requires, as of 1994, a local government to have
ordinances relating to adequate areas for collection and
loading of recyclable materials at commercial,
industrial, and multifamily development projects.
Prohibits, as of 2005, a local government from issuing a
building permit to a development project unless the
development project provides adequate space for
collecting and loading recyclable materials.
This bill:
1. Requires local governments to update existing
non-disposal facility elements as conditions change and
provide that information to the Department of Resources
and Recycling and Recovery (DRRR).
2. Requires the DRRR to "ensure" that 75 percent of
generated solid waste is diverted through source
reduction, recycling, or composting. This bill
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prohibits the DRRR from imposing any enforceable
requirements on cities or counties.
3. Requires businesses that contract for solid waste
disposal and generate more than four cubic yards of
solid waste and recyclable materials per week or is a
multifamily residential dwelling of five or more units
to arrange for recycling services. Such businesses are
required to either separate recyclable materials from
solid waste or arrange for their collection, or to
contract with a recycling service that provides mixed
waste processing services. This bill requires local
governments to implement a commercial recycling program,
unless a jurisdiction already has established such a
program. The DRRR is required to review such local
commercial recycling programs.
Prior/Related Legislation
AB 818 (Blumenfield), 2011-12 Session, requires owners of
multifamily residential buildings to provide recycling
services. That bill is on the Governor's desk.
SB 1020 (Padilla), 2007-08 Session, would have required the
Integrated Waste Management Board to develop a plan to
achieve a 75 percent diversion rate by 2020. That bill was
held in the Assembly Appropriations Committee.
SB 25 (Padilla), 2009-10 Session, would have increased the
required diversion rate to 60 percent by 2015 and also
generally required businesses to contract for recycling
services. That bill was held in the Assembly Natural
Resources Committee.
AB 479 (Chesbro), 2009-10 Session, was substantially
similar to this bill. AB 479 was held on this committee's
suspense file.
AB 737 (Chesbro), 2009-10 Session, would have implemented a
commercial recycling program and required the Department to
report to the Legislature on potential strategies to
achieve a 75 percent diversion rate. That bill was vetoed
by Governor Schwarzenegger.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Cost to implement
Absorbable within existing resources Special *
commercial recycling
Cost to further increase Unknown
costs, potentially in the Special *
the diversion rate to millions per year
75%
Reduced fee revenues Up to $20,000
per year by 2020q Special *
* Integrated Waste Management Account.
SUPPORT : (Verified 8/30/11)
Californians Against Waste (source)
California Refuse Recycling Council
City and County of San Francisco
City of Oakland
Commercial Recycling and Waste Diversion
Marin Resource Recovery
Marin Sanitary Service
Republic Services, Inc.
Varner Bros., Inc.
OPPOSITION : (Verified 8/30/11)
Orange County Board of Supervisors
ARGUMENTS IN SUPPORT : According to the sponsor of the
bill, the Californians Against Waste and the author's
office, diversion of solid waste from landfill benefits
California in numerous ways. The author's office notes
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California's success at reducing the portion of its solid
waste it buries in the ground, highlighting that, according
to Cal Recycle, the state diverts from landfill 58 percent
of the solid waste it generates each year. The author's
office also notes, however, the amount of waste generated
in California per person continues to climb and that it is
important for the state to work towards further reducing
the amount of solid waste going to landfill. The author's
office contends the waste diversion goal established in
this bill will help the state achieve further waste
reduction and that the mandatory commercial waste reduction
will provide opportunities to do so.
ASSEMBLY FLOOR :
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hernández, Hill, Hueso, Huffman, Lara, Bonnie Lowenthal,
Ma, Mendoza, Mitchell, Monning, V. Manuel Pérez,
Portantino, Skinner, Solorio, Swanson, Wieckowski,
Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Perea, Silva,
Smyth, Valadao, Wagner
NO VOTE RECORDED: Gorell, Huber, Pan, Torres
DLW:do 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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