BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1359
                                                                  Page 1


          SENATE THIRD READING
          SB 1359 (Simitian)
          As Introduced  February 24, 2012
          Urgency.  2/3 vote 

           SENATE VOTE  :38-0  
           
           NATURAL RESOURCES   8-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Chesbro, Knight,          |Ayes:|Fuentes, Harkey,          |
          |     |Brownley, Dickinson,      |     |Blumenfield, Bradford,    |
          |     |Grove, Huffman, Monning,  |     |Charles Calderon, Campos, |
          |     |Skinner                   |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Deletes the definition of compost in the Compost 
          Market Program (Program) and replaces it with a reference to the 
          definition of compost used in the Integrated Waste Management 
          Act (Act). 

           EXISTING LAW  :

          1)Under the Program: 

             a)   Requires the Department of General Services (DGS) and 
               the Department of Resources Recycling and Recovery 
               (CalRecycle) in consultation with other state agencies to 
               maintain specifications for the purchase of compost. 

             b)   Requires CalRecycle, DGS, the Department of 
               Transportation, the Department of Forestry and Fire 
               Protection, and the Department of Parks and Recreation to 
               initiate specified programs that use compost. 

             c)   For the purposes of the Program, defines "compost" as 
               the product resulting from the controlled biological 
               decomposition of organic wastes that are source separated 
               from the municipal solid waste stream. 









                                                                  SB 1359
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          2)Under the Act, "compost" is defined as the product resulting 
            from the controlled biological decomposition of organic wastes 
            that are source separated from the municipal solid waste 
            stream, or which are separated at a centralized facility.  
            Compost includes vegetable, yard, and wood wastes that are not 
            hazardous waste. 

          3)Under the State Agency Buy Recycled Campaign, "compost" means 
            a product that meets the following requirements:

             a)   It results from the controlled biological decomposition 
               of organic materials, including, but not limited to, yard 
               trimmings and wood byproducts that are separated from the 
               municipal solid waste stream at the source of generation or 
               at a centralized facility, or other sources of organic 
               materials.

             b)   It is produced by a public or private supplier that is 
               in compliance with CalRecycle composting operations 
               regulatory requirements.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, this bill has no state costs.  

           COMMENTS  :  According to CalRecycle, in 2010 approximately nine 
          million tons of organic material was processed by over 200 
          facilities into compost and other products.  The infrastructure 
          has grown significantly over the last 20 years, "aided in part 
          by CalRecycle demonstration projects, research studies, funding, 
          education and promotion, standards development, siting and 
          capacity development, CalRecycle regulations, and coordination 
          with other agencies on their regulations."  

          This bill makes the definition of compost consistent between the 
          Program and the Act.  According to the author, "by referencing 
          the definition that applies to the rest of the ÝAct], SB 1359 
          simplifies the definition of compost for regulatory and market 
          development programs."  

          This bill contains an urgency clause, which states "due to the 
          need to encourage the use of composting, thereby protecting the 
          public health and safety and the environment, it is necessary 
          that this act take effect immediately."  









                                                                  SB 1359
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           Analysis Prepared by  :    Elizabeth MacMillan / NAT. RES. / (916) 
          319-2092 


                                                                FN: 0005508