BILL NUMBER: AB 1826	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2014
	AMENDED IN SENATE  JULY 1, 2014
	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, 
Wieckowski,  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 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  , commencing April 1, 2016,  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   on January 1,  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 the contract or work agreement between a
business and a gardening or landscaping 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   governmental  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 governmental agency to charge
and collect a fee from an organic waste generator to recover the
local 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 and to identify certain  state 
financing mechanisms and  state  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 waste
that is mixed in with food waste.
   (d) "Organic waste generator" means a business subject to
subdivision (a) of Section 42649.81.
   (e) "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.
   (f) "Rural county" means a county that has a total population of
less than  100,000   70,000  persons.
   (g) "Self-hauler" means a business that hauls its own waste rather
than contracting for that service and "self-haul" means to act as a
self-hauler.
   42649.81.  (a) (1) On and after  January  
April  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 four
cubic yards or more of commercial solid waste, as defined in Section
42649.1, 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 been reduced to 50
percent of the level of disposal 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 waste and subscribe
to a basic level of organic waste recycling service that includes
collection and recycling of organic waste.
   (2)  Source separate organic waste from other solid waste
and manage   Recycle  its organic waste onsite or
self-haul its own organic waste  for recycling  .
   (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 42649.84.
   (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, the
contract or work agreement between a business subject to this section
and a gardening or landscaping service shall require  that
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) A business that is a multifamily dwelling is not required to
arrange for the organic waste recycling services specified in
subdivision (b) for food waste that is generated by the 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 (A) 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   before  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)  (1)    The organic waste recycling program
shall do all of the following: 
   (1) 
    (A)  Identify all of the following: 
   (A) 
    (i)  Existing organic waste recycling facilities within
a reasonable vicinity and the capacities available for materials to
be accepted at each facility. 
   (B) 
    (ii)  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) 
    (iii)  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. 
   (D) 
    (iv)  Closed or abandoned sites that might be available
for new organic waste recycling facilities. 
   (E) 
    (v)  Other nondisposal opportunities and markets.

   (F) 
    (vi)  Appropriate zoning and permit requirements for the
location of new organic waste recycling facilities. 
   (G) 
    (vii)  Incentives available, if any, for developing new
organic waste recycling facilities within the jurisdiction. 
   (2) 
    (B)  Identify barriers to siting new or expanded
 organic waste recycling facilities  
compostable materials handling operations, as defined in paragraph
(12) of subdivision (a) of Section 17852 of the Title 14 of the
California Code of Regulations,  and specify a plan to remedy
those barriers that are within the control of the local jurisdiction.

   (3) 
    (C)  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. 
   (2) For purposes of subparagraph (A) of paragraph (1), an "organic
waste recycling facility" shall include compostable materials
handling operations, as defined in paragraph (12) of subdivision (a)
of Section 17852 of Title 14 of the California Code of Regulations,
and may include other facilities that recycle organic waste. 
   (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
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. 
   (E) (i) The business or group of businesses does not generate at
least one cubic yard of organic waste per week, if the local
jurisdiction provides the department with information that explains
the need for this higher exemption than that authorized by
subparagraph (C).  
   (ii) The information described in clause (i) shall be provided to
the department with the information provided pursuant to subdivision
(f).  
   (iii) This subparagraph shall not be operative on or after January
1, 2020, if the department, pursuant to paragraph (4) of subdivision
(a) of Section 42649.81, determines that statewide disposal of
organic waste has not been reduced to 50 percent of the level of
disposal during the 2014 calendar year. 
   (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, or lack thereof, of sufficient organic waste
processing infrastructure, organic waste recycling 
facilities   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 governmental agency to adopt, implement, or enforce a local
organic waste recycling 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 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 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 governmental agency may charge and collect a
fee from an organic waste generator to recover the local 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 governmental
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  state  financing mechanisms and  state 
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.