BILL NUMBER: AB 1826 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY MARCH 24, 2014
INTRODUCED BY Assembly Member Chesbro
(Coauthors: Assembly Members Gordon, Skinner, Ting, and Williams)
FEBRUARY 18, 2014
An act to 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. Solid waste: organic waste.
(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
department a countywide integrated waste management plan.
The 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 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.
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 or more during 2017 and 2018 and to
one cubic yard or more on and after January 1, 2019.
2017. The bill would also require a business that generates 4 cubic
yards or more of commercial solid waste per week, on and after
January 1, 2019, to arrange for organic waste recycling services and
would decrease that amount to 2 cubic yards, if the
department makes a specified determination on or after January 1,
2020.
This bill would require a business, when arranging for
the contract or work agreement between a business and
a gardening or landscaping services,
service 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, except as
specified with regard to rural jurisdictions, 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
governmental agency to charge and collect a fee from an
organic waste generator to recover the local government
governmental agency's costs incurred in
complying with this act.
This bill would require the department to identify and recommend
actions to address permitting and siting challenges and to 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. recycling and to identify certain
financing mechanisms and funding incentives and post this information
on its Internet Web site.
(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: yes.
State-mandated local program: 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" means food waste, green waste, landscape and
pruning waste, nonhazardous wood waste, and food-soiled
paper. paper waste that is mixed in with food waste.
(d) "Organic waste generator" means a business subject to
subdivision (a) of Section 42649.81.
(e) For purposes of this section "organic waste recycling facility"
means a facility that meets the definition of a compostable handling
operation or facility that is defined in paragraph (12) of
subdivision (a) of Section 17852 of Title 14 of the California Code
of Regulations.
(f) "Rural jurisdiction" means a jurisdiction that is located
entirely within one or more rural counties, or a regional agency
comprised of jurisdictions that are located within one or more rural
counties.
(g) "Rural county" means a county that has a total population of
less than 100,000 persons.
(e)
(h) "Self-hauler" means a business that hauls its own
waste rather than contracting for that service.
service and "self-haul" means to act as a self-hauler.
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 four
cubic yards or more of commercial solid waste, as defined in Section
42469.1, per week, shall arrange for recycling services
specifically for organic waste in the manner specified in subdivision
(b).
(4) On or after January 1, 2020, if the department determines that
statewide disposal of organic waste has not decreased by 50 percent
from the level of disposal of during 2014, a business that generates
two cubic yards or more per week of commercial solid waste shall
arrange for the organic waste recycling services specified in
paragraph (3), unless the department determines that this requirement
will not result in significant additional reductions of organics
disposal.
(5) A business located in a rural jurisdiction that is exempted
pursuant to paragraph (2) of subdivision (a) of Section 42649.82 is
not subject to this chapter.
(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.
(1) Source separate organic waste from other waste and subscribe
to a basic level of organic waste recycling service.
(2) Source separate organic waste from other solid waste and
manage its organic waste onsite or self-haul its own organic waste.
(3) Subscribe to an organic waste recycling service that may
include mixed waste processing that specifically recycles organic
waste.
(4) Make other arrangements consistent with paragraph (3) of
subdivision (b) of Section 42469.84.
(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 local jurisdiction's franchise
agreement, applicable to the collection, handling, or recycling of
solid and organic waste.
(e) When arranging for gardening or landscaping services,
a the contract or work agreement between a
business subject to this section and a gardening or landscaping
service 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
A business that is a multifamily dwelling is not
required to comply with this section, the
arrange for the organic waste recycling services specified in
subdivision (b) for 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. business.
(g) If separate organic waste collection and recycling services
are not offered through a local ordinance or local jurisdiction's
franchise agreement, a business generating organic waste may arrange
for separate organic waste collection and recycling services, until
the local ordinance or local jurisdiction's franchise agreement
includes organic waste recycling services.
42649.82. (a) (1) 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 generated by businesses subject to Section
42649.81, whether or not the jurisdiction has met the requirements of
Section 41780.
(2) (A) A county board of supervisors of a rural county may adopt
a resolution, as prescribed in this paragraph, to make the rural
county exempt from the requirements of this section. If a rural
jurisdiction is a city, the city council may adopt a resolution, as
prescribed in this paragraph, to make the rural jurisdiction exempt
from this section. If a rural jurisdiction is a regional agency
comprised of jurisdictions that are located entirely within one or
more rural counties, the board of the regional agency may adopt a
resolution, as prescribed in this paragraph, to make the rural
jurisdiction is exempt from the requirements of this section.
(B) A resolution adopted pursuant to subparagraph shall include
findings as to the purpose of and need for the exemption.
(C) A resolution to exempt a rural jurisdiction pursuant to
subparagraph (A) shall be submitted to the department at least six
months prior to the operative date of the exemption.
(D) On or after January 1, 2020, if the department determines that
statewide disposal of organic waste has not been reduced to 50
percent of the level of disposal during the 2014 calendar year, all
exemptions authorized by this paragraph shall terminate unless the
department determines that applying this chapter to rural
jurisdictions will not result in significant additional reductions of
disposal of organic waste.
(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.
(d) The organic waste recycling program shall do all of the
following:
(1) Identify all of the following:
(A) Existing organic waste recycling facilities within a
reasonable vicinity and the capacities available for materials to be
accepted at each facility.
(B) Facilities for potential expansion or collocation.
(B) Existing solid waste and organic waste recycling facilities
within the jurisdiction that may be suitable for potential expansion
or colocation of organic waste processing or recycling facilities.
(C) Efforts of which the jurisdiction is aware that are underway
to develop new private or public regional organic waste recycling
facilities that may serve some or all of the organic waste recycling
needs of the commercial waste generators within the jurisdiction
subject to this chapter, and the anticipated timeframe for completion
of those facilities.
(C)
(D) Closed or abandoned sites that might be available
for new organic waste recycling facilities.
(D)
(E) Other nondisposal opportunities and markets.
(E)
(F) Appropriate zoning and permit requirements for the
location of new organic waste recycling facilities.
(F)
(G) Incentives available
available, if any, for developing new organic waste recycling
facilities. facilities within the
jurisdiction.
(2) Identify barriers to siting new or expanded organic waste
recycling facilities and specify a plan to remedy those barriers that
are within the control of the local jurisdiction.
(3) Provide for the education of, outreach to, and monitoring of,
businesses. The program shall require the jurisdiction to notify a
business if the business is not in compliance with Section 42649.81.
(e) The organic waste recycling program may include any one or
more of the following:
(1) Enforcement provisions that are consistent with the
jurisdiction's authority, including a structure for fines and
penalties.
(2) Certification requirements for self-haulers.
(3) Exemptions, on a case-by-case basis, from the requirements of
Section 42649.81 that are deemed appropriate by the jurisdiction for
either any of the following reasons:
(A) Lack of sufficient space in multifamily complexes or
businesses to provide additional organic material recycling bins.
(B) The current implementation by a business of actions that
result in the recycling of a significant portion of its organic
waste.
(C) The business or group of businesses does not generate at least
one-half of a cubic yard of organic waste per week.
(D) Limited-term exemptions for extraordinary and unforeseen
events.
(f) (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.
(g) (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.
(h) During a review pursuant to subdivision (g), 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.
(9) The availability of availability, or
lack thereof, of sufficient organic waste processing
infrastructure, organic waste recycling facilities and other
nondisposal opportunities and markets.
(10) The extent to which the jurisdiction has taken steps that are
under its control to remove barriers to siting and expanding organic
waste recycling facilities.
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 governmental agency to
adopt, implement, or enforce a local organic waste recycling
requirement requirement, or a condition
imposed upon a self-hauler, 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
governmental 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 governmental
agency.
(3) The existing right of a business to sell or donate its
recyclable organic waste materials.
(c) Notwithstanding any other requirement of this chapter, nothing
in this chapter modifies, limits, or abrogates the authority of a
local jurisdiction with respect to land use, zoning, or facility
siting decisions by or within that local jurisdiction.
42649.85. A local government governmental
agency may charge and collect a fee from an organic waste
generator to recover the local government
governmental agency's costs incurred in complying with this
chapter.
42649.86. (a) The department shall identify and recommend actions
to address, with regard to both state agencies and the federal
government, the permitting and siting challenges associated with
composting and anaerobic digestion, and to 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.
(c) The department shall identify and post on its Internet Web
site financing mechanisms and funding incentives that are available
for in-state development of organic waste infrastructure to help the
state achieve its greenhouse gas reduction goals and waste reduction
goals.
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.