BILL NUMBER: AB 1826	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2014

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 18, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


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

   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.  
   The 
    (1)     The  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
 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.   requires a
business, which is defined as a commercial or public entity, that
generates more than 4 cubic yards of commercial solid waste per w
  eek 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.  
   This bill would replace this obsolete reference to the Department
of Conservation with a reference to the Department of Resources
Recycling and Recovery.  
   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.  
   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. 

   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.
 
   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. 

   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.  
   (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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
 yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 12.9 (commencing with Section
42649.8) is added to Part 3 of Division 30 of the   Public
Resources Code   , to read:  
      CHAPTER 12.9.  RECYCLING OF ORGANIC WASTE


   42649.8.  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.
   42649.81.  (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.
   42649.82.  (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.
   42649.83.  (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.
   42649.84.  (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.
   42649.85.  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.
   42649.86.  (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. 
   SEC. 2.    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.  
  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)).