BILL ANALYSIS Ó
AB 818
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 818
AUTHOR: Blumenfield
AMENDED: As introduced
FISCAL: No HEARING DATE: June 27, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : RECYCLING AT MULTIFAMILY DWELLINGS
SUMMARY :
Existing law :
1) Under the California Integrated Waste Management 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, and must divert 50% of solid waste on
and after 2000.
b) Provides programs for recycling at certain types of
facilities (e.g., schoolsites, large venues), and
requires model ordinances for certain matters (e.g.,
adequate areas for collection and loading of recyclable
materials in development projects; diversion of
construction and demolition materials; solid waste
reduction, reuse, and recycling at large venues).
2) Under the California Global Warming Solutions Act of 2006
(CGWSA):
a) Requires ARB to determine the 1990 statewide
greenhouse gas (GHG) emissions level and approve a
statewide GHG emissions limit that is the equivalent to
that level, to be achieved by 2020 (Health and Safety
Code §38500 et seq.). ARB must adopt rules and
regulations to achieve GHG emission reductions to
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achieve the maximum technologically feasible and
cost-effective reductions in GHGs, subject to certain
requirements (§38562(h)).
b) Requires ARB to prepare and approve a scoping plan
for achieving the maximum technologically feasible and
cost-effective reductions in GHG emissions from sources
or categories of sources of GHGs by 2020. ARB must
evaluate the total potential costs and total potential
economic and noneconomic benefits of the plan for
reducing GHGs to the state's economy, and public health,
using the best economic models, emission estimation
techniques, and other scientific methods. The plan must
be updated at least once every five years. (§38561).
c) Authorizes the ARB to adopt GHG emission limits or
emission reduction measures prior to January 1, 2011,
imposing those limits or measures prior to January 1,
2012, or providing early reduction credit where
appropriate. (§38563).
This bill enacts the Renters Right to Recycle Act that:
1) Requires a multifamily dwelling owner, on and after July 1,
2010, to arrange for recycling services that are
appropriate and available for the multifamily dwelling,
consistent with state or local law or requirements,
including a local ordinance or agreement applicable to the
collection, handling, or recycling of solid waste. A
"multifamily dwelling" is defined as a residential facility
consisting of five or more living units.
2) Provides conditions for when a multifamily dwelling owner
is not required to comply with the bill's requirements
(e.g., inadequate space for recycling containers under
certain circumstances, services not available).
3) Specifies that nothing in this bill is intended to
interfere with or prevent the authority of a local
jurisdiction from requiring recycling services for
multifamily dwellings (i.e., bill does not preempt local
requirements, including any enforcement provisions).
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COMMENTS :
1) Purpose of Bill . According to the author, "More than 7.1
million Californians live in approximately 2.4 million
multifamily dwellings. Most of these residents are
renters, but fewer than 40% of them have access to
recycling services where they live. While homeowners can
choose to recycle, renters who want to recycle are not able
to if their landlord does not provide access to recycling."
The author notes that AB 818 would "require apartment building
owners of buildings with 5 or more units to make recycling
available to tenants, with specified exemptions . . ."
2) Recycling service challenges at multifamily dwellings .
Common issues raised for providing recycling services for
multifamily units include space for recycling containers,
lack of background materials regarding recycling
opportunities for residents, participation by owners and
residents, and interest by local agencies and solid waste
haulers.
In an effort to address potential space constraints, AB 1327
(Farr) Chapter 842, Statutes of 1991, enacted the
California Solid Waste Reuse and Recycling Access Act of
1991, requiring local agencies to adopt an ordinance
relating to adequate areas for collecting and loading
recyclable materials in development projects. If a local
agency did not adopt the ordinance by September 1, 1994, a
model ordinance adopted by the CIWMB must take effect on
that date and be enforced by the local agency. AB 2176
(Montanez) Chapter 879, Statutes of 2004, prohibited a
local agency from issuing a building permit for a
development project unless the development project provides
adequate areas for collecting and loading recyclable
materials.
3) Regulations requiring commercial recycling . Under the
CGWSA, ARB must prepare and approve a scoping plan for
achieving the maximum technologically feasible and
cost-effective reductions in GHG emissions from sources or
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categories of sources of GHGs by 2020. According to ARB,
the scoping plan "contains the main strategies California
will use to reduce ÝGHGs] that cause climate change. The
scoping plan has a range of GHG reduction actions which
include direct regulations, alternative compliance
mechanisms, monetary and non-monetary incentives, voluntary
actions, market-based mechanisms such as a cap-and-trade
system, and Ýa CGWSA] program implementation regulation to
fund the program."
The scoping plan identifies the solid waste sector as a
significant source of GHG emissions, and a scoping plan
measure to reduce GHG emissions in this sector includes
mandatory commercial recycling. The mandatory commercial
recycling measure is expected to achieve a reduction in GHG
emissions of 5 million metric tons of carbon dioxide
equivalents.
The California Department of Resources Recycling and Recovery
(DRRR) began workshops for the mandatory commercial
recycling measure rulemaking process in August 2009.
January 1, 2012, is the planned effective date of the
recycling regulation, and July 1, 2012, is the planned
effective date for jurisdictions and businesses to
implement the commercial recycling programs. Some sources
indicate that these dates may be adjusted.
4) Related legislation . AB 399 (Montanez) of 2005 and AB 2206
(Montanez) of 2006, amended the California Integrated Waste
Management Act of 1989 to address various multifamily
recycling matters (e.g., development of a multifamily model
ordinance for local agencies; development of model
multifamily owner tenant notification documents on how
tenants can reduce, reuse, and recycle solid waste
materials; multifamily dwelling owner notice to new tenants
regarding recycling services). Both bills were vetoed.
According to Governor Schwarzenegger in vetoing AB 2206,
"While I support efforts to reduce the amount of solid
waste going to our landfills, the mandates in this measure
are overly prescriptive and create significant state, local
and private compliance costs." The Governor encouraged the
CIWMB "to continue in its efforts to provide adequate tools
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and resources to local jurisdictions in order to make
available increased recycling opportunities for multifamily
dwelling residents."
AB 3056 (Assembly Natural Resources Committee) Chapter 907,
Statutes of 2006, made various amendments to the Beverage
Container Recycling and Litter Reduction Act, including
authorization to fund up to $5 million in grants from
January 1, 2007, to January 1, 2008, to local governments
or nonprofit agencies to place multifamily housing source
separated beverage container recycling receptacles in
low-income communities. SB 1021 (Padilla) Chapter 724,
Statutes of 2007, continued this program from January 1,
2008, to January 1, 2009, increased the authorized funding
for the year to $15 million, and did not limit the program
to low-income communities.
AB 548 (Levine) of 2007 required an owner or operator of a
multifamily dwelling to arrange for recycling services
appropriate for the multifamily dwelling, consistent with
state or local law or requirements applicable to the
collection, handling, or recycling of solid waste. In
vetoing AB 548, Governor Schwarzenegger cited increased
multifamily dwelling owner costs and local government
authority to require recycling at these dwellings, while
again encouraging CIWMB efforts, as noted in the AB 2206
veto message. AB 822 (Levine) was amended in 2008 to
mirror AB 548 and remained on the Senate Inactive File. AB
473 (Blumenfield) of 2009 mirrored AB 548 and AB 822,
except that AB 473 was amended on the Senate Floor after
approval by the Senate Environmental Quality Committee June
22, 2009 (5-2), to require the recycling services to be
available, while also adding exceptions to the requirement.
Governor Schwarzenegger vetoed AB 473, citing concerns
similar to those raised in the AB 548 veto message.
AB 341 (Chesbro) of 2011 requires DRRR to ensure that 75% of
solid waste to be source reduced, recycled, or composted;
enacts the Recycling of Commercial Solid Waste Law; and
amends other provisions of the California Integrated Waste
Management Act. The AB 341 Recycling of Commercial Solid
Waste Law requires the owner or operator of a business or a
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multifamily residential dwelling of five units or more to
arrange for recycling services. Previous bills addressing
commercial recycling include SB 25 (Padilla) of 2009-10
that was subsequently amended to address rendering issues
and an Assembly Natural Resources Committee hearing was
canceled at the author's request; AB 479 of 2009 (Chesbro)
(Senate Appropriations Committee August 17, 2009,
amendments applied the commercial recycling requirements to
multifamily dwellings of 5 units or more) that was held on
the Committee's suspense file; and AB 737 (Chesbro) was
amended on the Senate Floor September 4, 2009, to include
the commercial recycling and other provisions, and was
re-referred to the Senate Appropriations Committee,
approved by the Committee and the Senate, and vetoed by
Governor Schwarzenegger in 2010. In vetoing AB 737,
Governor Schwarzenegger indicated that the bill is
"unnecessary and duplicative of actions already being
undertaken by state agencies" - including DRRR's
development of commercial recycling regulations in
accordance with the CGWSA scoping plan.
5) Outstanding issues . AB 818 conflicts with: a) proposed
mandatory commercial recycling regulations necessary to
comply with the CGWSA that are expected to be effective in
2012, and b) the AB 341 (Chesbro) Recycling of Commercial
Solid Waste Law which covers multifamily residential
dwellings without the exceptions contained in AB 818.
If the Committee believes AB 818 is needed when commercial
recycling regulations are already expected, and approves AB
341 (Chesbro), then either: a) the provisions of AB 818
must be replaced with the AB 341 commercial recycling
provisions (Public Resources Code §§42649.1 and 42649.2);
or b) a new section needs to be added to AB 341 (SEC. 11.5)
striking a reference to multifamily residential dwellings
in §42649.2(a) that would become law only if both bills are
signed.
SOURCE : Assemblymember Blumenfield
SUPPORT : City of Oakland
Ecology Action
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OPPOSITION : California Association of Realtors