BILL ANALYSIS Ó
AB 1826
Page 1
ASSEMBLY THIRD READING
AB 1826 (Chesbro)
As Amended April 22, 2014
Majority vote
NATURAL RESOURCES 5-2 APPROPRIATIONS 12-5
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|Ayes:|Chesbro, Garcia, |Ayes:|Gatto, Bocanegra, |
| |Muratsuchi, Stone, | |Bradford, |
| |Williams | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Dahle, Patterson |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
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SUMMARY : Requires generators of specified amounts of organic
waste to arrange recycling services for that material.
Specifically, this bill :
1)Requires businesses that generate organic waste to arrange for
recycling services for that material on the following
schedule:
a) On and after January 1, 2016, a business that generates
eight cubic yards or more of organic waste per week;
b) On and after January 1, 2017, a business that generates
four cubic yards of organic waste per week; and,
c) On and after January 1, 2019, a business that generates
one cubic yard or more of organic waste per week.
2)Exempts multifamily dwellings of fewer than five units from
the requirements of this bill and specifies that food waste
generated by multifamily dwellings of five or more units is
not subject to the bill's requirements.
3)On and after January 1, 2016, requires each local jurisdiction
to implement an organic waste recycling program that is
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appropriate for the jurisdiction and designed to divert
organic waste generated by businesses. Specifies that local
jurisdictions that have an organic waste recycling program in
place prior to January 1, 2016, do not have to implement a new
or expanded program. Authorizes local jurisdictions to exempt
businesses from the requirements of the bill on a case-by-case
basis for specified reasons.
4)Requires local jurisdictions to include specified information
relating to the organic waste recycling program in each
jurisdiction's annual report to the Department of Resources
Recycling and Recovery (CalRecycle).
5)Specifies that the bill does not limit the authority of a
local jurisdiction to adopt requirements that are more
stringent than the bill and clarifies that the bill does not
modify, limit, or abrogate solid waste franchises, local solid
waste collection contracts, or the existing right of a
business to sell or donate its recyclable materials.
6)Requires CalRecycle to identify and recommend actions to
address state and federal permitting and siting challenges and
to encourage the continued viability of the state's organic
waste processing and recycling infrastructure. Requires
CalRecycle to cooperate with local government agencies and the
solid waste industry to provide assistance and incentives for
increasing the feasibility of organic waste recycling.
EXISTING LAW :
1)Establishes the California Integrated Waste Management Act of
1989, which:
a) Specifies a state policy goal that 75% of solid waste
generated be diverted from landfill disposal by 2020.
b) Requires each local jurisdiction to divert 50% of solid
waste from landfill disposal.
c) Requires a commercial waste generator, including
multi-family dwellings, to arrange for recycling services
and requires local governments to implement commercial
solid waste recycling programs designed to divert solid
waste from businesses.
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2)Establishes the California Global Warming Solutions Act of
2006 (AB 32 (Núñez), Chapter 488, Statutes of 2006), which
requires the California Air Resources Board (ARB) to:
a) Adopt regulations requiring the reporting and
verification of statewide greenhouse gas (GHG) emissions.
b) Adopt a statewide GHG emissions limit equivalent to 1990
emissions levels by 2020.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has minor and absorbable costs for
CalRecycle to recommend actions and provide assistance.
COMMENTS :
1)This bill. According to the author, "AB 1826 will help
California achieve the state's air quality, GHG, and waste
reduction goals by diverting organic materials from
landfills."
2)Meeting the state's recycling goals. CalRecycle is tasked
with diverting at least 75% of solid waste statewide by 2020.
Currently, organic materials make up one-third of the waste
stream and food continues to be the highest single item
disposed at over 15% of disposal. CalRecycle is also charged
with implementing its Strategic Directive 6.1, which calls for
reducing organic waste disposal by 50% by 2020. According to
CalRecycle, significant gains in organic waste diversion are
necessary to meet the 75% goal and implementing Strategic
Directive 6.1. Recycling technologies for organic waste
include composting, anaerobic digestion, and other types of
processing that generate renewable fuels, energy, soil
amendments, and mulch. Other states have taken similar
actions, and 23 have banned the disposal of green waste (i.e.,
yard trimmings and landscape waste) in landfills.
Compost and other soil amendments that can be produced from
organic materials have been shown to improve soil health by
incorporating organic matter, beneficial micro-organisms, and
nutrients and reduce the need for chemical pesticides and
fertilizers. These products also conserve water by allowing
water to penetrate the soil more quickly and decreasing
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runoff.
Recycling organic materials also creates local jobs.
According to CalRecycle, composting creates an average of four
jobs for every 1,000 tons of material, approximately four
times more than landfilling.
3)Waste reduction and GHGs. The US National Climate Assessment
(Assessment), released May 6th, emphasizes the need for
"urgent action" to combat climate change. According to the
Assessment, California can expect increasing drought and
hotter temperatures, making it more vulnerable to wildfires
and increasing competition for scarce water supplies. Coastal
areas are going to be increasingly vulnerable to higher sea
levels and storm surges.
ARB had indicated that a total reduction of 80 million metric
tons (MMT), or 16% compared to business as usual, is necessary
to reduce statewide GHG emissions to 1990 levels by 2020. ARB
intends to achieve approximately 78% of the reductions through
direct regulations. The balance of reductions necessary to
meet the 2020 limit (approximately 18 MMT) will be
accomplished through the state's cap-and-trade program.
Recycling organic waste provides significant GHG reductions
over landfilling. Composting and other organics processing
technologies, including anaerobic digestion, reduce GHGs by
avoiding the emissions that would be generated by the
material's decomposition in a landfill. Landfill gas is
generated by the decomposition of organic materials such as
food, paper, wood, and yard waste. Fifty percent of landfill
gas is methane, a GHG that is 21 times more efficient at
trapping heat than carbon dioxide (CO2). While most modern
landfills have systems in place to capture methane,
significant amounts continue to escape into the atmosphere.
According to ARB's GHG inventory, approximately seven million
tons of CO2 equivalent are released annually by landfills.
That number is expected to increase to 8.5 million tons of CO2
equivalent by 2020.
The 2012-13 Budget Act authorized the Department of Finance to
allocate at least $500 million from cap-and-trade revenue, and
make commensurate reductions to General Fund expenditure
authority, to support the regulatory purposes of AB 32. ARB's
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draft three-year investment plan for cap-and-trade revenues
includes waste diversion as a funding priority.
The Governor's 2014-15 Budget proposal for cap-and -trade
revenues, the Cap-and-Trade Auction Revenue Expenditure Plan,
requests $30 million for each of the next two years for
CalRecycle to support projects designed to increase recycling
and composting. The proposal includes $20 million for grants
to expand existing or develop new facilities that process
organic or recyclable materials.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0003348