BILL ANALYSIS Ó
AB 1045
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1045 (Irwin)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | 62-2 | (May 28, |SENATE: |28-12 | (September 9, |
| | |2015) | | |2015) |
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Original Committee Reference: NAT. RES.
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.
The Senate amendments:
1)Require that CalEPA coordinate with the State Water Resources
Control Board (SWRCB), the Air Resources Board (ARB), and the
Department of Food and Agriculture (CDFA).
2)Create, and subsequently delete, an Organic Waste Recycling
Group, comprised of specified members, to implement this bill.
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3)Require CalEPA, SWRCB, ARB, and CDFA to:
a) Assess the state's progress toward developing the
organic waste processing and recycling infrastructure
necessary to meet specified state laws;
b) Meet at least quarterly and consult with interested
stakeholders;
c) Hold at least one public workshop annually;
d) Develop recommendations for promoting organic waste
processing and recycling infrastructure statewide, which
shall be posted on CalEPA's website by January 1, 2017;
and,
e) Sunset this requirement on January 1, 2021.
4)Make related technical and clarifying changes.
EXISTING LAW pursuant to the Integrated Waste Management Act of
1989:
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
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businesses.
4)Requires generators of specified amounts of organic waste
(i.e., food waste and yard waste) to arrange for recycling
services for that material.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)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.
2)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.
3)Minor and absorbable costs to CDFA and the SWRCB to coordinate
with CalEPA and CalRecycle.
COMMENTS: According to the author, this bill "establishes a
statewide policy to promote the development and deployment 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 GHG emissions and helps our
state meet its waste diversion 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 reducing organic waste disposal by 50% by 2020.
According to CalRecycle, significant gains in organic waste
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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.
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 34 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.
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
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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. Additionally, CDFA annually
inspects compost facilities selling to organic food producers
for adherence to National Organic Program regulations and
regulates the use of soil amendments.
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 the
relevant boards and departments.
Analysis Prepared by:
Elizabeth MacMillan / NAT. RES. / (916) 319-2092
FN: 0002276