Amended in Senate July 16, 2015

Amended in Assembly May 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1103

Introduced by Assembly Member Dodd

February 27, 2015

An act to amend Section 42649.8 begin delete of end delete begin insert of, and to add Sections 42649.88, 42649.89, 42649.9, 42649.91, and 42649.92 to, end insert the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1103, as amended, Dodd. Solid waste: organic waste.

Existing law, on and after April 1, 2016, requires a business that generates a certain amount of organic waste to arrange for recycling services specifically for organic waste, and requires each city, county, or regional agency approved by the Department of Resources Recycling and Recovery to implement an organic waste recycling program designed to divert organic waste generated by those businesses, except as specified. Existing law defines the term “organic waste” for purposes of those provisions to include food begin delete waste and food-soiled paper end delete waste.

This bill would begin delete also define the terms “food-soiled paper” and “food waste” for purposes of those provisions. end delete begin insert require a person who transports a certain amount of food waste to be registered by the department, except as specified. The bill would require a registered transporter to maintain a record of food waste transported that contains specified documents and information, and to certify, under penalty of perjury, to the accuracy of the record. By expanding the application of the crime of perjury, the bill would impose a state-mandated local program. The bill would authorize the department to impose fees on registered transporters for vehicles used to transport food waste for the department’s reasonable regulatory costs in administering these provisions regulating the diversion of food waste, as specified. The bill would require food waste transporters and facilities to report specified information to the department at least quarterly, including, among other things, the quantity of food waste transported or received, as applicable. The bill would subject a registered transporter of food waste to a civil penalty, payable to the department, for a violation of these provisions. end insert begin insert The bill would require a jurisdiction or other local governmental agency to inspect vehicles that are used by transporters to transport food waste. By imposing additional duties on local governmental agencies, the bill would impose a state-mandated local program. 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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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   

end insert

begin insert (a) end insert begin insert   end insert begin insert The Legislature finds and declares that a
statewide system of accounting for the diversion of food waste
through the implementation and enforcement of statewide
standards for hauling, processing, and transferring of food waste
is critical to protect public health and safety, to reduce the disposal
of food waste in landfills, and to improve the environment through
the reduction of greenhouse gases. According to the State Air
Resources Board’s May 2015 Short-Lived Climate Pollutant
Reduction Strategy concept paper, “The strategy will consider
measures to meet a goal of diverting 90 percent of organics from
landfills through source reduction and organics recycling by
2025.” end insert

begin insert

(b) It is the intent of the Legislature that food waste material
be managed in a manner that is consistent statewide and that tracks
the movement of food waste through a regulated system to
significantly improve the state’s ability to do both of the following:

end insert begin insert

(1) Quantify progress toward greenhouse gas reduction goals
statewide.

end insert begin insert

(2) Report diversion levels for determining progress toward the
state’s current 75 percent recycling goal.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 42649.8 of the Public Resources Code is
amended to read:

42649.8.  

For purposes of this chapter, the following terms shall
apply:

(a) “Business” means a commercial or public entity, including,
but not limited to, a firm, partnership, proprietorship, joint stock
company, corporation, or association that is organized as a
for-profit or nonprofit entity, or a multifamily residential begin delete dwelling. end delete
begin insert dwelling, and including federal, state, county, and municipal
entities, special districts, schools, and colleges. end insert

(b) “Commercial waste generator” means a business subject to
subdivision (a) of Section 42649.2.

begin delete

(c) “Food-soiled paper” includes, but is not limited to, food
soiled napkins, towels, egg cartons, pizza boxes, waxed or unwaxed
cardboard or paper food and beverage containers or wrappers,
paper bags, coffee filters, tea bags, and plates and cups that do not
have a plastic coating.

end delete begin delete

(d)

end delete

begin insert (c) end insert  “Food waste” means discarded putrescible solid, semisolid,
and liquid food, including, but not limited to, fruit, vegetables,
cheese, meat, bones, poultry, seafood, bread, rice, pasta, oils, and
herbs, and any other putrescible matter produced from human food
production and preparation activities. begin delete Food waste includes
food-soiled paper. Food waste does not include materials required
to be handled pursuant to Chapter 5 (commencing with Section
19200) of Part 3 of Division 9 of the Food and Agricultural Code. end delete

begin insert

(d) “Individual self-hauler” means a self-hauler with only one
transporter vehicle that transports not more than one cubic yard
of food waste per week from not more than one location.

end insert

(e) “Organic waste” means food waste, green waste, landscape
and pruning waste, nonhazardous wood waste, and food-soiled
paper waste that is mixed in with food waste.

(f) “Organic waste generator” means a business subject to
subdivision (a) of Section 42649.81.

(g) “Rural jurisdiction” means a jurisdiction that is located
entirely within one or more rural counties, or a regional agency
comprised of jurisdictions that are located within one or more rural
counties.

(h) “Rural county” means a county that has a total population
of less than 70,000 persons.

(i) “Self-hauler” means a business that hauls begin insert more than one
cubic yard of end insert its own begin insert food end insert waste begin insert or hauls food waste from more
than one location, end insert rather than contracting for that begin delete service end delete begin insert service end insert begin insert , end insert
and “self-haul” means to act as a self-hauler.

begin insert

(j) “Transporter vehicle” means a vehicle that transports and
delivers food waste to an approved processing facility, and that
is operated by a business required to be registered pursuant to
Section 42649.89.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 42649.88 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 42649.88. end insert   

Any facility that is permitted or authorized by law
to receive food waste may participate in the diversion of food waste
pursuant to this chapter.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 42649.89 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 42649.89. end insert   

(a) Except as expressly provided herein, it is
unlawful for any business to transport more than one cubic yard
of food waste per week or to transport food waste from more than
one location without being registered by the department as a
transporter of food waste. The following are exempt from the
registration and related requirements of this section:

(1) Licensed renderers lawfully operating pursuant to Chapter
5 (commencing with Section 19200) of Part 3 of Division 9 of the
Food and Agricultural Code.

(2) Transporters of agricultural byproducts destined for final
disposition on land in a manner that is specifically authorized by
the State Water Resources Control Board, or a Regional Water
Quality Control Board, provided such final disposition does not
adversely affect public health and safety or the environment.

(b) The department may impose fees on registered transporters
of food waste and individual self-haulers for transporter vehicles
for the reasonable regulatory costs to the department to administer
the provisions of this chapter regulating the diversion of food
waste, not to exceed the following:

(1) Except as specified in paragraph (2), three hundred dollars
($300) for each transporter vehicle.

(2) One hundred dollars ($100) for the transporter vehicle of
an individual self-hauler.

(c) A registered transporter shall procure and maintain
insurance coverage against claims for injuries to persons or
damages to property that may arise from, or in connection with,
the performance of the work of the transporter. A registered
transporter shall maintain commercial liability, commercial
automobile liability, workers’ compensation, and pollution liability
insurance policies, in an amount and type as determined by the
department, which amount shall be no less than one million dollars
($1,000,000). A registered transporter lawfully operating pursuant
to a franchise, contract, license, or permit issued by a local agency
shall be deemed to have satisfied the requirements of this
subdivision.

(d) A transporter vehicle shall be inspected on a regular basis,
at a frequency and in accordance with standards developed by the
department, by the jurisdiction or other local governmental entity
permitting the transporter’s operation. The inspection shall
include, but is not limited to, the vehicle’s cleanliness, whether
the vehicle is watertight, whether the food waste is properly
contained, and whether the vehicle has been inspected pursuant
to Section 34501.12 of the Vehicle Code. A transporter lawfully
operating pursuant to a franchise, contract, license, or permit
issued by a local agency shall be deemed to have satisfied the
requirements of this subdivision.

(e) A registered transporter shall comply with state or local
laws or requirements, including a local ordinance or agreement,
applicable to the collection, handling, or recycling of solid waste.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 42649.9 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 42649.9. end insert   

(a) A registered transporter shall maintain a record
of transported food waste to document that food waste did not
remain on the premises of the generator for more than seven days,
consistent with, and subject to the exceptions provided in, Section
17331 of Title 14 of the California Code of Regulations, and was
handled in accordance with the provisions of this chapter, as
specified in regulations to be adopted pursuant to subdivision (e).

(b) The record shall include a receipt indicating the acceptance
of the material at a permitted or approved facility, the quantity of
the material, and the jurisdiction of origin of the food waste. The
transporter shall certify, under penalty of perjury, that the record
is accurate.

(c) A registered transporter shall submit an electronic report
to the department, at least quarterly, containing all information
required to be reported pursuant to subdivision (b) of Section
42649.91.

(d) A registered transporter shall maintain all records required
pursuant to this section for a minimum of three years.

(e) The department may adopt regulations requiring practices
and procedures that are reasonable and necessary to provide an
accounting of food waste transported, handled, processed, or
disposed. The regulations shall not impose an unreasonable burden
on the transporting, safe handling, processing, and disposal of
food waste.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 42649.91 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 42649.91. end insert   

(a) The department shall compile a list of permitted
and approved facilities authorized to accept food waste and shall
also notify facilities and registered transporters of the requirements
relating to transportation of food waste by posting the information
on the department’s Internet Web site.

(b) The department shall require a registered transporter or
facility that transports or receives food waste, as applicable, to
report information to the department at least quarterly concerning
the transportation and receipt of food waste, including all of the
following:

(1) The name of the transporter or facility.

(2) The jurisdiction of origin of the food waste.

(3) The quantity of the food waste transported or received in
weight or volume.

(4) The date and time the food waste was transported or
received.

(5) The license plate number of the vehicle used for
transportation.

(6) Any other information required by the department.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 42649.92 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 42649.92. end insert   

Any person who refuses or fails to submit
information required by regulations adopted pursuant to Sections
42649.88 to 42649.91, inclusive, is liable to the department for a
civil penalty of not less than five hundred dollars ($500) and not
more than five thousand dollars ($5,000) for each violation of a
separate provision or, for continuing violations, for each day that
the violation continues.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other 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.

end insert