BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2396


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          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; 









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             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  








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            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  








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            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.  









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file




          Opposition


          None on file




          Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092