BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 13, 2015


                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES


                                 Das Williams, Chair


          AB 1045  
          (Irwin) - As Amended March 26, 2015


          SUBJECT:  Organic waste:  composting


          SUMMARY:  Requires the California Environmental Protection  
          Agency (CalEPA) to establish policies to encourage recycling of  
          organic waste and coordinate the oversight and regulation of  
          organic waste recycling facilities.  


          EXISTING LAW, pursuant to the Integrated Waste Management Act of  
          1989 (Act):

          1)Requires local agencies to divert, through source reduction,  
            recycling, and composting, 50% of solid waste disposed by  
            their jurisdictions.  

          2)Establishes a statewide diversion goal of 75% by 2020.  

          3)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.

          4)Requires generators of specified amounts of organic waste  
            (i.e., food waste and yard waste) to arrange for recycling  








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            services for that material. 


          THIS BILL:  


          1)Requires CalEPA, in coordination with the Department of  
            Resources Recycling and Recovery (CalRecycle), to develop and  
            implement policies to aid in diverting 50% of organic waste  
            from landfills by 2020 by promoting the use of agricultural,  
            forestry, and urban organic waste as feedstock for compost and  
            by promoting the appropriate use of that compost throughout  
            the state.  


          2)Establishes, and requires CalEPA to establish policies that  
            promote, a goal of reducing at least five million metric tons  
            of greenhouse gas (GHG) emissions per year through the  
            development and application of compost on working lands, as  
            specified.  Authorizes CalEPA to work with the California  
            Department of Food and Agriculture (CDFA) to achieve this  
            goal.  


          3) Requires CalEPA to convene CalRecycle, the State Water  
            Resources Control Board (SWRCB), and the Air Resources Board  
            (ARB) to ensure proper coordination of agency regulations and  
            goals to implement this section.  


          4)States legislative findings and declarations relating to the  
            state's recycling requirements and the environmental and  
            agricultural benefits of compost.  


          FISCAL EFFECT:  Unknown


          








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          COMMENTS:  


          1)This bill.  According to the author:  

               Currently, three state agencies have jurisdiction over  
               compost and compost facilities:  CalRecycle, the State  
               Water Resources Control Board, and the Air Resources Board.  
                In addition, the state has a number of goals that will  
               encourage more compost facilities and will ultimately lead  
               to the production of more compost.  These goals include  
               diverting 75% of our waste from landfills, recycling  
               organic waste, and reducing fugitive greenhouse gas  
               emissions.  

               These goals demonstrate the need for a more coordinated  
               effort among state entities to promote the use of waste  
               materials, their conversion to compost, and to begin to  
               identify how compost should be used to maximize soil carbon  
               management.  

               AB 1045 establishes a statewide policy to promote the  
               development and deployment of compost.  It recognizes that  
               there are multiple agencies involved in the policy making  
               regarding the feedstock, transportation, development, and  
               ultimate usage of compost.  AB 1045 identifies the need for  
               the state to look at compost as a valuable resource, one  
               that helps agriculture and the rural economy, and also  
               reduces greenhouse gas emissions and helps our state meet  
               its waste diversion goals.  

          2)Meeting the state's recycling goals.  CalRecycle is tasked  
            with diverting at least 75% of solid waste statewide by 2020.   
            Organic materials make up one-third of the waste stream and  
            food continues to be the highest single item disposed at over  
            15% of materials landfilled.  CalRecycle is also charged with  
            implementing its Strategic Directive 6.1, which calls for  








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            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.  

            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  
            runoff.

          3)Waste reduction and GHGs.  According to ARB, 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.  ARB proposes to  
            achieve the balance of reductions necessary to meet the 2020  
            limit (approximately 18 MMT) through its 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.  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 7 million tons  
            of CO2 equivalent are released annually by landfills.  That  
            number is expected to increase to 8.5 million tons of CO2  








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            equivalent by 2020.
          4)Compost permitting.   As noted by the author, three of  
            CalEPA's entities are involved in regulating compost  
            facilities.  ARB and local air districts oversee air  
            emissions.  For example, the South Coast Air Quality  
            Management District requires that all new compost facilities  
            located within its jurisdiction to be fully enclosed and meet  
            specified requirements for emissions for any vented emissions.  
             SWRCB and regional water quality control boards regulate  
            wastewater discharges and recently adopted general waste  
            discharge requirements for composting operations that include,  
            among other requirements, no storm water runoff from the site.  
             CalRecycle requires that compost facilities are permitted and  
            regulates general facility operations.  

            While all of these entities are acting appropriately within  
            their jurisdiction, there is little coordination between them  
            to ensure that the requirements are consistent with the  
            overall waste reduction and GHG emissions reduction goals of  
            the state.  This bill would require CalEPA to ensure  
            coordination among its boards and departments.  

          5)Suggested amendments.  This bill requires CalEPA and  
            CalRecycle to develop and implement policies to "aid in  
            diverting 50% of organic waste from landfills by 2020?"  As  
            there is no existing law or regulation requiring that 50% of  
            organic waste be diverted from landfills, this provision could  
            be interpreted as establishing such a requirement, which,  
            according to the author, is not the intent of the bill.  The  
            committee may wish to amend the bill to clarify this language.  
             

          This bill authorizes, but does not require, CalEPA to work with  
            CDFA.   Given CDFA's oversight role in the use of soil  
            amendments, the committee may wish to amend the bill to  
            require CalEPA to consult with CDFA.  

          REGISTERED SUPPORT / OPPOSITION:









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          Support
          AFSCME, AFL-CIO


          California Compost Coalition


          California Organics Recycling Council 


          Californians Against Waste


          Carbon Cycle Institute 


          Community Alliance with Family Farmers 


          San Francisco Department of the Environment


          Stopwaste


          1 individual 




          Opposition


          None on file


          Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092








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