Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1826

Introduced by Assembly Member Chesbro

February 18, 2014

An act to begin delete amend Section 40003 of the Public Resources Code, relating to waste management end delete begin insert add Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1826, as amended, Chesbro. begin delete Integrated Waste Management Act of 1989. end delete begin insert Solid waste: organic waste. end insert

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Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a beverage distributor to pay a redemption payment in a specified amount for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery, for deposit in the California Beverage Container Recycling Fund.

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program that requires each county and city and county to prepare and submit to the Department of Resources Recycling and Recovery a countywide integrated waste management plan. The act begin delete also provides for the regulation of solid waste disposal and solid waste facilities. Existing law provides that nothing in the act abrogates, limits, or otherwise affects the duties of the former Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act. end delete begin insert requires a business, which is defined as a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more, to arrange for recycling services. Existing law also requires jurisdictions to implement a commercial solid waste recycling program meeting specified elements. end insert

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This bill would replace this obsolete reference to the Department of Conservation with a reference to the Department of Resources Recycling and Recovery.

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This bill would require a business that generates a specified amount of organic waste per week to arrange for recycling services for that organic waste in a specified manner. The bill would decrease the amount of organic waste under which a business would be subject to those requirements from 8 cubic yards or more during 2016 to 4 cubic yards during 2017 and 2018 and to one cubic yard or more on and after January 1, 2019.

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This bill would require a business, when arranging for gardening or landscaping services, to require the organic waste generated by those services to comply with the requirements of this act.

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This bill would require each jurisdiction, on and after January 1, 2016, to implement an organic waste recycling program to divert organic waste from the businesses subject to this act, thereby imposing a state-mandated local program by imposing new duties on local government agencies. The bill would require each jurisdiction to report to the department on its progress in implementing the organic waste recycling program, and the department would be required to review whether a jurisdiction is in compliance with this act.

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This bill would authorize a local government agency to charge and collect a fee from an organic waste generator to recover the local government agency’s costs incurred in complying with this act.

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This bill would require the department to reduce barriers to siting and encourage the continued viability of the state’s organic waste processing and recycling infrastructure, in partnership with the California Environmental Protection Agency and other specified state and regional agencies. The bill also would require the department to cooperate with local jurisdictions and industry to provide assistance and incentives for increasing the feasibility of organic waste recycling.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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

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 Chapter 12.9 (commencing with Section 42649.8)
is added to Part 3 of Division 30 of the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 12.9. end insert Recycling of Organic Waste

 

begin insert 42649.8. end insert   

For purposes of this chapter, the following terms
shall apply:

(a) “Business” means a commercial or public entity, including,
but not limited to, a firm, partnership, proprietorship, joint stock
company, corporation, or association that is organized as a
for-profit or nonprofit entity, or a multifamily residential dwelling.

(b) “Commercial waste generator” means a business subject
to subdivision (a) of Section 42649.2.

(c) “Organic waste” includes, but is not limited to, food waste,
green waste, landscape and pruning waste, and wood waste.

(d) “Organic waste generator” means a business subject to
subdivision (a) of Section 42649.81.

(e) “Self-hauler” means a business that hauls its own waste
rather than contracting for that service.

begin insert 42649.81. end insert   

(a) (1) On and after January 1, 2016, a business
that generates eight cubic yards or more of organic waste per
week shall arrange for recycling services specifically for organic
waste in the manner specified in subdivision (b).

(2) On and after January 1, 2017, a business that generates
four cubic yards or more of organic waste per week shall arrange
for recycling services specifically for organic waste in the manner
specified in subdivision (b).

(3) On and after January 1, 2019, a business that generates at
least one cubic yard of organic waste shall arrange for recycling
services specifically for organic waste in the manner specified in
subdivision (b).

(b) A business subject to subdivision (a) shall take at least one
of the following actions:

(1) Source separate organic waste from other solid waste and
subscribe to a basic level of organic waste recycling service that
includes collection, self-hauling, or other arrangements for the
collection and recycling of the organic waste, including managing
it onsite or at another site owned and managed by the generator.

(2) Subscribe to an organic waste recycling service that may
include mixed waste processing that specifically recycles organic
waste.

(c) A business that is a property owner may require a lessee or
tenant of that property to source separate their organic waste to
aid in compliance with this section.

(d) A business generating organic waste shall arrange for the
recycling services required by this section in a manner that is
consistent with state and local laws and requirements, including
a local ordinance or agreement, applicable to the collection,
handling, or recycling of solid and organic waste.

(e) When arranging for gardening or landscaping services, a
business subject to this section shall require the organic waste
generated by those services to be managed in compliance with this
chapter.

(f) (1) A multifamily residential dwelling that consists of fewer
than five units is not a business for purposes of this chapter.

(2) For purposes of determining whether a business that is a
multifamily dwelling is required to comply with this section, the
food waste that is generated by the residents of the multifamily
dwelling shall not be included in determining the amount of organic
waste generated by that business and that food waste also shall
not be subject to the requirements of this section.

begin insert 42649.82. end insert   

(a) In addition to the requirements of Section
42649.3, on and after January 1, 2016, each jurisdiction shall
implement an organic waste recycling program that is appropriate
for that jurisdiction and designed specifically to divert organic
waste from businesses subject to Section 42649.81, whether or not
the jurisdiction has met the requirements of Section 41780.

(b) If a jurisdiction as of January 1, 2016, has in place an
organic waste recycling program that meets the requirements of
this section, it is not required to implement a new or expanded
organic waste recycling program.

(c) The organic waste recycling program required by this section
shall be directed at organic waste generators and may include,
but is not limited to, one or more of the following:

(1) Implementing a mandatory commercial organic waste
recycling policy or ordinance that addresses organic waste
recycling.

(2) Requiring a mandatory commercial organic waste recycling
program through a franchise contract or agreement.

(3) Requiring organic waste to go through a source separated
or mixed processing system that diverts material from disposal.

(4) Providing exemptions, on a case-by-case basis, deemed
appropriate by the jurisdiction for reasons including, but not
limited to, zoning requirements, lack of sufficient space in
multifamily complexes or businesses to provide additional organic
material recycling bins, nongeneration of organic materials, or
the current implementation by a business of actions that result in
the recycling of a significant portion of its organic waste.

(d) (1) The organic waste recycling program shall include the
education of, outreach to, and monitoring of businesses. A
jurisdiction shall notify a business if the business is not in
compliance with Section 42649.81.

(2) The organic waste recycling program may include
enforcement provisions that are consistent with a jurisdiction’s
authority, including a structure for fines and penalties.

(3) The commercial organic waste recycling program may
include certification requirements for self-haulers.

(e) (1) Each jurisdiction shall provide the department with
information on the number of regulated businesses that generate
organic waste and, if available, the number that are recycling
organic waste. The jurisdiction shall include this information as
part of the annual report required pursuant to Section 41821.

(2) On and after August 1, 2017, in addition to the information
required by paragraph (1), each jurisdiction shall report to the
department on the progress achieved in implementing its organic
waste recycling program, including education, outreach,
identification, and monitoring, on its rationale for allowing
exemptions, and, if applicable, on enforcement efforts. The
jurisdiction shall include this information as part of the annual
report required pursuant to Section 41821.

(f) (1) The department shall review a jurisdiction’s compliance
with this section as part of the department’s review required by
Section 41825.

(2) The department also may review whether a jurisdiction is
in compliance with this section at any time that the department
receives information that a jurisdiction has not implemented, or
is not making a good faith effort to implement, an organic waste
recycling program.

(g) During a review pursuant to subdivision (f), the department
shall determine whether the jurisdiction has made a good faith
effort to implement its selected organic waste recycling program.
For purposes of this section, “good faith effort” means all
reasonable and feasible efforts by a jurisdiction to implement its
organic waste recycling program. During its review, the
department may include, but is not limited to, consideration of the
following factors in its evaluation of a jurisdiction’s good faith
effort:

(1) The extent to which businesses have complied with Section
42649.81, including information on the amount of disposal that is
being diverted from the businesses, if available, and on the number
of businesses that are complying with Section 42649.81.

(2) The recovery rate of the organic waste from the material
recovery facilities that are utilized by the businesses, all
information, methods, and calculations, and any additional
performance data, as requested by the department from the
material recovery facilities pursuant to Section 18809.4 of Title
14 of the California Code of Regulations.

(3) The extent to which the jurisdiction is conducting education
and outreach to businesses.

(4) The extent to which the jurisdiction is monitoring businesses
and notifying those businesses that are not in compliance.

(5) The appropriateness of exemptions allowed by the
jurisdiction.

(6) The availability of markets for collected organic waste
recyclables.

(7) Budgetary constraints.

(8) In the case of a rural jurisdiction, the effects of small
geographic size, low population density, or distance to markets.

begin insert 42649.83. end insert   

(a) If a jurisdiction adds or expands an organic
waste recycling program to meet the requirements of Section
42649.82, the jurisdiction shall not be required to revise its source
reduction and recycling element or obtain the department’s
approval pursuant to Article 1 (commencing with Section 41800)
of Chapter 7 of Part 2.

(b) If an addition or expansion of a jurisdiction’s organic waste
recycling program is necessary, the jurisdiction shall include this
information in the annual report required pursuant to Section
41821.

begin insert 42649.84. end insert   

(a) This chapter does not limit the authority of a
local government agency to adopt, implement, or enforce a local
organic waste recycling requirement that is more stringent or
comprehensive than the requirements of this chapter.

(b) This chapter does not modify, limit, or abrogate in any
manner any of the following:

(1) A franchise granted or extended by a city, county, city and
county, or other local government agency.

(2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, city or county,
or other local government agency.

(3) The existing right of a business to sell or donate its
recyclable organic waste materials.

begin insert 42649.85. end insert   

A local government agency may charge and collect
a fee from an organic waste generator to recover the local
government agency’s costs incurred in complying with this chapter.

begin insert 42649.86. end insert   

(a) The department shall reduce barriers to siting
and encourage the continued viability of the state’s organic waste
processing and recycling infrastructure, in partnership with the
California Environmental Protection Agency and other state and
regional agencies. These other state and regional agencies shall
include, but are not limited to, the State Air Resources Board, the
State Energy Resources Conservation and Development
Commission, the Public Utilities Commission, the Department of
Food and Agriculture, the State Water Resources Control Board,
California regional water quality control boards, and air pollution
control and air quality management districts.

(b) The department shall cooperate with local government
agencies and industry to provide assistance and incentives for
increasing the feasibility of organic recycling by promoting
processing opportunities and the development of new infrastructure
of sufficient capacity to meet the needs of generators, and
developing sufficient end-use markets throughout the state for the
quantity of organic waste required to be diverted.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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SECTION 1.  

Section 40003 of the Public Resources Code is
amended to read:

40003.  

Nothing in this division abrogates, limits, or otherwise
affects the duties of the department under the California Beverage
Container Recycling and Litter Reduction Act (Division 12.1
(commencing with Section 14500)).

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