BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1045 (Irwin) - Organic waste: composting.
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|Version: August 17, 2015 |Policy Vote: E.Q. 5 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Marie Liu |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1045 would require the California Environmental
Protection Agency (CalEPA) to promote the use of agricultural,
forestry, and urban organic waste as a feedstock for compost and
to promote the use of that feedstock. This bill would also
direct the Department of Resources Recycling and Recover
(CalRecycle) to coordinate with the State Air Resources Board
(ARB) and the State Water Resources Control Board (SWRCB) to
coordinate permitting and regulation of composting facilities.
Fiscal
Impact:
Cost pressures up to $130,000 annually from the Integrated
Waste Management Fund (special fund) for CalRecycle to promote
the creation and use of compost, participate in the working
group, and to coordinate with the SWRCB and ARB on permitting.
Cost pressures up to $175,000 annually (special) for the ARB
to participate in the working group and to develop coordinated
permitting and regulation of composting facilities.
AB 1045 (Irwin) Page 1 of
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Minor and absorbable costs to CDFA and the SWRCB to coordinate
with CalEPA and CalRecycle.
Background: The California Integrated Waste Management Act (PRC §40000 et
seq.) requires that each local jurisdiction divert at least 50%
of solid waste generated from landfill disposal through source
reduction, recycling, and composting. It is the state goal to
increase the diversion rate to 75% by 2020. The act also
requires generators of specified amounts of organic waste to
arrange for recycling services for that material.
The California Global Warming Solutions Act of 2006 (referred to
as AB 32, HSC §38500 et seq.) requires the California Air
Resources Board (ARB) to determine the 1990 statewide greenhouse
gas (GHG) emissions level, to approve a statewide GHG emissions
limit equivalent to that level that will be achieved by 2020,
and to adopt GHG emissions reductions measures by regulation.
Existing law also requires the ARB to develop a comprehensive
strategy to reduce emissions of short-lived climate pollutants
(SLCPs) in the state. SLCPs are defined in HSC §39730 as an
agent that has a relatively short lifetime in the atmosphere,
from a few days to a few decades, and a warming influence on the
climate that is more potent than carbon dioxide. Examples of
SLCPs listed on ARB's webpage include black carbon, methane, and
fluorinated gases. One of the sources of methane is the
decomposition of organic materials in anaerobic conditions, such
as landfills. Thus, increased diversions of organic materials
from landfills can result reduced methane emissions.
Proposed Law:
This bill would require CalEPA to coordinate with CalRecycle,
the SWRCB, ARB, and CDFA, to develop and implement policies to
promote the use of agricultural, forestry, and urban organic
waste as a feedstock for compost and the appropriate use of that
compost for the purposes of aiding in the diversion of organics
from landfills. This policy would be required to have a goal of
reducing at least five metric tons of greenhouse gas (GHG)
emissions annually through the development and application of
compost on working lands.
AB 1045 (Irwin) Page 2 of
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This bill would also require CalEPA to convene the Organic Waste
Recycling Group consisting of CalRecycle, SWRCB, ARB, and CDFA
for the purpose of coordinating agency regulations and
increasing the development and application of compost on working
lands.
This bill directs CalRecycle, in coordinate with the ARB and the
SWRCB, to develop a policy that promotes the development of
coordinating permitting and regulation of composting facilities
while protecting the environment.
Staff
Comments: CalEPA activities required under this bill are
consistent with SB 1826 (Chesbro) Chapter 727, Statutes of 2014
which requires generators of specific amounts of organic waste
to phase in recycling services. As such, CalEPA anticipates that
the costs associated with implementing this bill are minor and
absorbable.
CalRecycle notes that it currently works with both the SWRCB and
the ARB on composting policies. However, CalRecycle believes the
passage of this bill may result in pressures to increase its
efforts. As such, CalRecycle may have cost pressures of up to
$130,000 annually for an additional position.
ARB similarly notes anticipated costs of $175,000 annually for
additional workload, particularly in regards to the provision
that would require the ARB to coordinate with CalRecycle to
develop a policy that promotes the development of coordinated
permitting. ARB anticipates that this effort will involve the
need for ARB to develop methods to quantify the reduction of
methane and criterial pollutant emissions resulting from organic
waste recycling and processing strategies. ARB also assumes it
would need to work closely with local air districts on
permitting issues associated with compost operations. Staff
notes that the bill only requires the development of a policy
that promotes the development of coordinated permitting, not the
development of the combined permit itself. As such, ARB's costs
can be viewed as cost pressures.
AB 1045 (Irwin) Page 3 of
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