BILL ANALYSIS Ó AB 2396 Page 1 Date of Hearing: April 11, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 2396 (McCarty) - As Introduced February 18, 2016 SUBJECT: Solid waste: annual reports SUMMARY: Requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual reports to the Department of Resources Recycling and Recovery (CalRecycle). EXISTING LAW, pursuant to the Integrated Waste Management Act: 1)Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions. 2)Requires each jurisdiction to submit a countywide siting element (CSE) to CalRecycle that includes: a) A statement of goals for the environmentally safe transformation and disposal of solid waste; b) An estimate of the total transformation or disposal capacity necessary for a 15-year period; AB 2396 Page 2 c) The remaining capacity of existing solid waste facilities; d) The identification of areas for the location of new solid waste facilities that are consistent with the general plan, if the county determines that existing capacity will be exhausted within 15 years, or as specified; and, e) For CSEs submitted after 2003, a description of the actions taken to solicit public participation by the affected communities, including low-income populations. 3)Pursuant to AB 876 (McCarty), Chapter 593, Statutes of 2015, requires local governments to include organic waste recycling facilities in the planning requirements for CSEs. 4)Establishes a statewide diversion goal of 75% by 2020. 5)Requires state agencies to develop an integrated waste management plan (plan) by 2000 to lay out how the state agency or facility would divert 50% of its waste from landfill disposal by 2004. 6)Requires state agencies to annually report to CalRecycle on the implementation of the plan. 7)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 businesses. 8)Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling AB 2396 Page 3 services for that material. THIS BILL: 1)Requires state agencies to include a summary of the agency's compliance with the state's commercial waste recycling and organic waste recycling requirements in their annual report to CalRecycle. 2)Repeals an uncodified provision in AB 876 that states that if the Commission on State Mandates determines that the bill created a state mandate the costs are reimbursable by the state, and instead states that no reimbursement is required by AB 876, because a local agency has the ability to pay for any program costs by levying a service charge, fee, or assessment. FISCAL EFFECT: Unknown COMMENTS: 1)Meeting the state's recycling 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 greatest single item disposed, making up 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 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 AB 2396 Page 4 amendments, and mulch. California's state agencies play an essential role in meeting the state's waste reduction requirements. 2)Waste reduction and greenhouse gases (GHGs). Recycling provides significant GHG reductions over landfilling. The Air Resources Board's First Update to the Climate Change Scoping Plan identifies waste management as a key sector for GHG emissions reductions and states, "Meeting the [state's] 75% recycling goal is the best path forward to maximizing GHG emission reductions from the Waste Management Sector and putting California on the path for even greater GHG emission reductions in the future." 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 more than 80 times more efficient at trapping heat than carbon dioxide. While most modern landfills have systems in place to capture methane, significant amounts continue to escape into the atmosphere. According to the Air Resources Board, landfills generated 20% of the state's methane emissions in 2013. In addition to organic waste, source reduction and recycling reduce GHG emissions associated with the production and transportation of products. 3)Author's statement: AB 2396 is a cleanup measure for AB 876 and makes other clarifying changes to annual waste reporting requirements for state agencies? This bill clarifies that state agencies subject to Mandatory Commercial Recycling [requirements] and Mandatory Commercial Organics Recycling [requirements] must include a summary of their compliance with those laws in their annual reports on compliance with state integrated waste management laws. AB 2396 Page 5 REGISTERED SUPPORT / OPPOSITION: Support None on file Opposition None on file Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916) 319-2092