BILL NUMBER: AB 1103 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY MAY 19, 2015
INTRODUCED BY Assembly Member Dodd
FEBRUARY 27, 2015
An act to amend Section 42649.8 of of, and
to add Sections 42649.88, 42649.89, 42649.9, 42649.91, and 42649.92
to, 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
waste and food-soiled paper waste.
This bill would also define the terms "food-soiled paper"
and "food waste" for purposes of those provisions.
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 tra nsported 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. 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.
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.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) 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."
(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:
(1) Quantify progress toward greenhouse gas reduction goals
statewide.
(2) Report diversion levels for determining progress toward the
state's current 75 percent recycling goal.
SECTION 1. SEC. 2. 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
dwelling. dwelling, and including federal, state,
county, and municipal entities, special districts, schools, and
colleges.
(b) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2.
(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.
(d)
(c) "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. 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.
(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.
(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 more than one
cubic yard of its own food waste or hauls food
waste from more than one location, rather than contracting for
that service service , and
"self-haul" means to act as a self-hauler.
(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.
SEC. 3. Section 42649.88 is added to the
Public Resources Code , to read:
42649.88. 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.
SEC. 4. Section 42649.89 is added to the
Public Resources Code , to read:
42649.89. (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.
SEC. 5. Section 42649.9 is added to the
Public Resources Code , to read:
42649.9. (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.
SEC. 6. Section 42649.91 is added to the
Public Resources Code , to read:
42649.91. (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.
SEC. 7. Section 42649.92 is added to the
Public Resources Code , to read:
42649.92. 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.
SEC. 8. 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.
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.