Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 876

Introduced by Assembly Member McCarty

February 26, 2015

An act to begin delete add end delete begin insert amend end insert Section begin delete 40512 to end delete begin insert 41701 of end insert the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 876, as amended, McCarty. Compostable organics.

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. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. begin insert Existing law requires each county to prepare a countywide siting element that provides, among other things, for an estimate of the total transformation or disposal capacity that will be needed for a 15-year period to safely handle solid wastes generated with the county that cannot be reduced, recycled, or composted, and to identify areas for the location of new or expanded solid waste transformation or disposal facilities, if needed or desired. end insert

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The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990, to be achieved by 2020, and to adopt rules and regulations to achieve the maximum technologically feasible, and cost-effective greenhouse gas emissions reductions.

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This bill would require begin delete the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board, to promote the use of compostable organics for critically needed alternatives to agricultural amendments and for low-carbon fuel manufacturing to reduce fugitive methane emissions associated with landfill and other waste operations. end delete begin insert each countywide siting element to provide an estimate of the total organics processing capacity that will be needed over a 15-year period to safely handle organic wastes generated with the county and to identify areas for the location of organics processing facilities, if needed or desired, thereby imposing a state-mandated local program. The bill would also make legislative findings and declarations. end insert

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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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. 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   

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begin insert The Legislature finds and declares all of the
following: end insert

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(a) With the enactment of the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section
40000) of the Public Resources Code), the Legislature required
the Department of Resources Recycling and Recovery and local
agencies to promote recycling, anaerobic digestion, and
composting over land disposal and transformation.

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(b) Since the enactment of the act, local governments and private
industries have worked jointly to create an extensive material
collection infrastructure and have implemented effective programs
to achieve a statewide diversion rate of greater than 50 percent.

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(c) Although California now leads the nation in waste reduction
and recycling, the state continues to dispose of more than 15
million tons of compostable organics each year in solid waste
landfills.

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(d) To reduce the landfilling of organics, increase composting
and anaerobic digestion, and meet the state’s organic diversion
goals, cities and counties must plan for organics processing
facilities that can process organics diverted from landfills and
organics waste generators.

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begin insert SEC. 2. end insert   

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begin insert Section 41701 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41701.  

Each countywide siting element and revision thereto
shall include, but is not limited to, all of the following:

(a) A statement of goals and policies for the environmentally
safe transformation or disposal of solid waste that cannot be
reduced, recycled, or composted.

(b) An estimate of the total transformation or disposal capacity
in cubic yards that will be needed for a 15-year period to safely
handle solid wastes generated with the county that cannot be
reduced, recycled, or composted.

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(c) An estimate of the total organics processing capacity in
cubic yards that will be needed for a 15-year period to safely
handle organic wastes generated with the county.

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(c)

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begin insert (d) end insert  The remaining combined capacity of existing solid waste
transformation or disposal facilities existing at the time of the
preparation of the siting element, or revision thereto, in cubic yards
and years.

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(d)

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begin insert (e) end insert  The identification of an area or areas for the location of new
solid waste transformation or disposal facilities, begin insert or new organics
processing facilities, end insert or the expansion of existing begin insert solid waste or
organics end insert facilities, that are consistent with the applicable city or
county general plan, if the county determines that existing capacity
will be exhausted within 15 years or additional capacity is desired.

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(e)

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begin insert (f) end insert  For countywide elements submitted or revised on or after
January 1, 2003, a description of the actions taken by the city or
county to solicit public participation by the affected communities,
including, but not limited to, minority and low-income populations.

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begin insert SEC. 3. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 40512 is added to the Public Resources
Code, to read:

40512.  

The department, in coordination with the State Air
Resources Board, shall promote the use of compostable organics
for critically needed alternatives to agricultural amendments and
for low-carbon fuel manufacturing to reduce fugitive methane
emissions associated with landfill and other waste operations.

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