BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: AB 1103 ----------------------------------------------------------------- |Author: |Dodd | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |6/6/2016 |Hearing |6/15/2016 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Joanne Roy | | | | ----------------------------------------------------------------- SUBJECT: Solid waste: disposal. ANALYSIS: Existing law, pursuant to the California Integrated Waste Management Act of 1989 (Public Resources Code §40000 et seq.): 1) Establishes a state recycling goal of 75% of solid waste generated be diverted from landfill disposal by 2020 through source reduction, recycling, and composting. 2) Requires each local jurisdiction to divert 50% of solid waste from landfill disposal through source reduction, recycling, and composting. 3) Requires exporters, brokers, and transporters of recyclables or compost to submit periodic information to CalRecycle on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. 4) Grants CalRecycle regulatory authority to adopt practices and procedures related to waste tracking in the state. This bill: 1) Adds self-haulers to the requirement that exporters, brokers, transporters of recyclables or compost submit specified, periodic information to CalRecycle. 2) Requires CalRecycle to develop regulations to define AB 1103 (Dodd) Page 2 of ? "self-hauler" and must include in the definition, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity. Background Statewide waste diversion goals. An estimated 35 million tons of waste are disposed of in California's landfills annually, of which 32% is compostable organic materials, 29% is construction and demolition debris, and 17% is paper. CalRecycle has a goal of diverting from landfills at least 75% of solid waste statewide by 2020 through source reduction, recycling and composting. Source reduction, or waste prevention, is designing products to reduce the amount of waste that will later need to be thrown away and also to make the resulting waste less toxic. Recycling is the recovery of useful materials, such as paper, glass, plastic, and metals, from the trash used to make new products reducing the amount of virgin raw materials needed. Composting involves collecting organic waste, such as food scraps and yard trimmings, and storing it under conditions designed to help it break down naturally. This resulting compost can then be used as a natural fertilizer/soil amendment. In addition, CalRecycle is charged with implementing Strategic Directive 6.1, which calls for reducing organic waste disposal by 50% by 2020. According to CalRecycle, significant gains in organic waste diversion (through recycling technologies of organic waste, including composting and anaerobic digestion) are necessary to meet the 75% goal and to implement Strategic Directive 6.1. By using and reusing materials in the most productive and sustainable ways across their entire life cycle, conserving resources and reducing wastes help slow climate change and minimize the environmental impacts of used materials. Comments AB 1103 (Dodd) Page 3 of ? Purpose of Bill. According to the author: The Legislature has enacted programs for the collection, and recycling of organic waste for reporting the disposition of that waste. Most recently, the Legislature enacted, and the Governor signed AB 901 (Chapter 746, Statutes of 2015), which among other things requires disposal facility operators to submit tonnage information to CalRecycle, and exporters, brokers, and transporters of recyclables or compost to submit periodic information to CalRecycle on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state. These reporting requirements apply to permitted facilities and to authorized waste haulers, either locally operated or franchised. Unfortunately, there still may be a significant amount of organic waste that is collected and disposed of in one or another manner by so-called "self-haulers" who operate in an unmonitored fashion, unauthorized, and possibly illegally. As unauthorized self-haulers, these transporters are not likely to abide by reporting requirements nor transport organic waste to appropriate recycling facilities. To the extent that these self-haulers move to dispose of a significant amount of organic waste, without state and local knowledge, California will have an incomplete picture of how much organic waste is being diverted from landfills and what the true amount of methane/GHG reduction is actually being achieved, relative to the state's statutory goals. That information gap needs to be closed, and the transporting of all organic waste needs to be monitored and reported. Related/Prior Legislation AB 901 (Gordon, Chapter 746, Statutes of 2015) updated, revised, and expanded the information recycling and composting facilities are required to submit to CalRecycle. AB 1826 (Chesbro, Chapter 727, Statutes of 2014) required generators of specified amounts of organic waste to arrange for recycling services and requires local governments to implement organic waste recycling programs. AB 1103 (Dodd) Page 4 of ? AB 341 (Chesbro, Chapter 476, Statutes of 2011) established a statewide 75% recycling goal and required commercial waste generators to arrange for recycling services and required local governments to implement commercial solid waste recycling programs. SOURCE: California Refuse and Recycling Council SUPPORT: None received OPPOSITION: None received -- END --