AB 1045, as amended, Irwin. Organic waste: composting.
(1) The existing 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, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. Those entities are required to divert 50% of all solid waste through source reduction, recycling, and composting.
This bill would require the California Environmental Protection Agency, in coordination with the department,begin insert the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture,end insert to
develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the agency to convenebegin insert an Organic Waste Recycling Group, consisting of representatives ofend insert the department, the State Water Resources Control Board,begin delete andend delete the State Air Resourcesbegin delete Boardend deletebegin insert
Board, and the Department of Food and Agriculture,end insert to ensure proper coordination of agency regulations and goals to implement thesebegin delete requirements.end deletebegin insert requirements, and to perform other specified functions.end insert
(2) Existing law requires the Department of Resources Recycling and Recovery to adopt regulations relating to waste management, including standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, and for solid waste handling, transfer, composting, transformation, and disposal. Existing law prohibits the solid waste handling, transfer, composting, transformation, and disposal standards from including any requirement that is under the authority of the State Air Resources Board for the prevention of air pollution or the State Water Resources Control Board for the prevention of water pollution and prohibits the solid waste facilities standards from including aspects of solid waste handling and disposal that are within the jurisdiction of the State Air Resources Board, air pollution control districts, and air quality management districts, or the State Water Resources Control Board or a regional water district.
Existing law prohibits a person from discharging a quantity of air contaminants or other material that causes injury, detriment, nuisance, or annoyance to the public, or that endangers the comfort, repose, health, or safety of the public, or that causes injury or damage to business or property, except as provided.
Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee.
This bill would require the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) With the enactment of the California Integrated Waste
4Management Act of 1989 (Division 30 (commencing with Section
540000) of the Public Resources Code), the Legislature declared
6that the Department of Resources Recycling and Recovery and
7local agencies shall promote composting.
8(b) Since the enactment of the act, local governments and private
9industries have worked jointly to create an extensive material
10collection infrastructure and have implemented effective programs
11to achieve a statewide diversion rate greater than 50
percent.
12(c) Although California now leads the nation in waste reduction
13and recycling, the state continues to dispose of more than 15
14million tons of compostable organics each year in solid waste
15landfills.
16(d) Composting organic materials results in substantial
17environmental and agricultural benefits, including the reduction
18of naturally occurring volatile organic compounds and ammonia.
19(e) The Economic and Technology Advancement Advisory
20Committee, formed pursuant to the California Global Warming
21Solutions Act of 2006 (Division 25.5 (commencing with Section
2238500) of the Health and Safety Code), has identified composting
23as a cost-effective technology for reducing greenhouse gas
24emissions.
25(f) The application of compost in agriculture and landscaping
26has been shown to offer significant soil-carbon sequestration and
27water quality benefits, provide erosion control, reduce the need
28for synthetic fertilizers and pesticides, and conserve water and
29irrigation-associated energy.
30(g) In 2007, the department’s predecessor agency adopted
31Strategic Directive 6.1 to reduce the amount of organics in the
32waste stream by 50 percent by the year 2020.
P4 1(h) In 2014, the state required organic waste generators that
2produce four cubic yards or more of organic waste a week to
3arrange to recycle this material (Chapter 12.9 (commencing with
4Section 42649.8) of the Public Resources Code).
5(i) To reduce the amount of organics in landfills, the state must
6promote the development and permitting of composting facilities
7and ensure that state regulations account for the lifecycle emissions
8reduction and water quality benefits of diverting organic waste
9from landfills and into compost facilities, while continuing to
10protect air and water quality.
Section 42649.87 is added to the Public Resources
12Code, to read:
(a) The California Environmental Protection
14Agency, in coordination with the department,begin insert the State Water
15Resources Control Board, the State Air Resources Board, and the
16Department of Food and Agriculture,end insert shall develop and implement
17policies to aid in diverting organic waste from landfills by
18promoting the use of agricultural, forestry, and urban organic waste
19as a feedstock for compost and by promoting the appropriate use
20of that compost throughout the state.
21(b) In developing policies pursuant to subdivision (a), the
22California Environmental Protection Agency shall promote a goal
23of
reducing at least five million metric tons of greenhouse gas
24emissions per year through the development and application of
25compost on working lands, whichbegin delete includeend deletebegin insert include,end insert but are not
26limited to, agricultural land, land used for forestry, and rangeland.
27The California Environmental Protection Agency shall work with
28the Department of Food and Agriculture to achieve this goal.
29(c) The California Environmental Protection Agency shall
30convenebegin insert an Organic Waste Recycling Group consisting of
31representatives ofend insert the department, the State Water Resources
32Control Board,begin delete andend delete
the State Air Resourcesbegin delete Boardend deletebegin insert
Board, and the
33Department of Food and Agricultureend insert to ensure proper coordination
34of agency regulations and goals to implement this section.begin insert The
35Organic Waste Recycling Group shall do all of the following:end insert
36(1) Assess the state’s progress towards developing the organic
37waste processing and recycling infrastructure necessary to meet
38the state goals specified in Assembly Bill 341 (Chapter 476 of the
39Statutes of 2011), the State Air Resources Board’s May 2015
40Short-Lived Climate Pollutant Reduction Strategy concept paper,
P5 1and the Department of Food and Agriculture’s Healthy Soils
2Initiative.
3(2) Meet at least quarterly and consult with interested
4stakeholders, including, but not limited to, the compost industry,
5local governments, and environmental organizations, to encourage
6the continued viability of the state’s organic waste processing and
7recycling infrastructure.
8(3) Hold at least one public workshop annually to inform the
9public of actions taken to implement this section and to receive
10public comment.
11(4) Develop recommendations for promoting organic waste
12processing and recycling infrastructure statewide, which shall be
13posted on the California Environmental Protection Agency’s
14Internet Web site no later than January 1, 2017, and updated
15annually thereafter.
Section 43032 is added to the Public Resources Code,
17to read:
The department, in coordination with the State Air
19Resources Board and the State Water Resources Control Board,
20shall develop a policy that promotes the development of
21coordinated permitting and regulation of composting facilities
22while protecting the environment.
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