Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1126

Introduced by Assembly Members Gordon and Mullin

(Principal coauthor: Assembly Member Wilk)

February 22, 2013

An act to amend Section begin delete 42649 end delete begin insert 40106 end insert of the Public Resources Code, relating to begin delete recycling end delete begin insert solid waste end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1126, as amended, Gordon. begin delete Recycling: businesses. end delete begin insert Solid waste: biomass conversion. end insert

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The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste, through source reduction, recycling, and composting activities. Existing law allows the 50% diversion requirement to include, pursuant to specified conditions, not more than 10% through biomass conversion defined as the controlled combustion of specific materials for use in producing electricity or heat.

end insert begin insert

This bill would revise the definition of biomass conversion to specify that it includes other thermal conversion of those materials.

end insert begin delete

Existing law requires a business, defined to include a commercial or public entity, that generates 4 cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of 5 units, or more to arrange for recycling services.

end delete begin delete

This bill would make a technical change to a statement of legislative intent regarding this program.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 40106 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40106.  

(a) “Biomass conversion” means the controlled
combustion, begin insert or other thermal conversion, end insert when separated from
other solid waste and used for producing electricity or heat, of the
following materials:

(1) Agricultural crop residues.

(2) Bark, lawn, yard, and garden clippings.

(3) Leaves, silvicultural residue, and tree and brush pruning.

(4) Wood, wood chips, and wood waste.

(5) Nonrecyclable pulp or nonrecyclable paper materials.

(b) “Biomass conversion” does not include the controlled
combustion of recyclable pulp or recyclable paper materials, or
materials that contain sewage sludge, industrial sludge, medical
waste, hazardous waste, or either high-level or low-level
radioactive waste.

(c) For purposes of this section, “nonrecyclable pulp or
nonrecyclable paper materials” means either of the following, as
determined by the begin delete board: end delete begin insert department: end insert

(1) Paper products or fibrous materials that cannot be
technically, feasibly, or legally recycled because of the manner in
which the product or material has been manufactured, treated,
coated, or constructed.

(2) Paper products or fibrous materials that have become soiled
or contaminated and as a result cannot be technically, feasibly, or
legally recycled.

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SECTION 1.  

Section 42649 of the Public Resources Code is
amended to read:

42649.  

(a) It is the intent of the Legislature to require
businesses to recycle the commercial solid waste that they generate.

(b) It is the intent of the Legislature to allow jurisdictions
flexibility in developing and maintaining commercial solid waste
recycling programs.

(c) It is the intent of the Legislature to reduce greenhouse gas
emissions by diverting commercial solid waste to recycling efforts
and to expand the opportunity for additional recycling services
and recycling manufacturing facilities in California.

end delete