BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2812| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2812 Author: Gordon (D) Amended: 8/15/16 in Senate Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/29/16 AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote SUBJECT: Solid waste: recycling: state agencies and large state facilities SOURCE: Author DIGEST: This bill requires the Department of Resources Recycling and Recovery (CalRecycle), on or before July 1, 2017, to develop guidelines for adequate receptacles and staffing for collecting and recycling recyclable materials in state office buildings. This bill also requires state agencies, on or after July 1, 2018, to provide and maintain recycling receptacles in state buildings and large facilities based on standards adopted by CalRecycle. ANALYSIS: Existing law, pursuant to the Integrated Waste Management Act (Public Resources Code §40000): 1)Requires state agencies to develop an integrated waste management plan (plan) by 2000 to describe how the state agency or facility would divert 50% of its waste from landfill disposal by 2004. AB 2812 Page 2 2)Requires state agencies and large state facilities (facilities), which include California state universities and community colleges, prisons, Department of Transportation facilities, and other facilities as determined by CalRecycle, to divert at least 50% of their waste from landfill disposal. 3)Requires state agencies to annually report to CalRecycle on the implementation of the plan. 4)Requires a commercial waste generator, including state agencies, to arrange for recycling services and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses. 5)Requires generators of specified amounts of organic waste (i.e., food waste and yard waste), including state agencies, to arrange for recycling services for that material. This bill requires state agencies to provide and maintain recycling receptacles in state buildings and large facilities based on standards adopted by CalRecycle. Specifically, this bill: 1)Requires, on or before July 1, 2017, CalRecycle to develop guidelines for adequate receptacles and staffing for collecting and recycling recyclable materials in state office buildings. 2)Defines "recyclable materials" as including, but not limited to, paper, plastic, metal, and organic waste. 3)Requires, on or after July 1, 2018, state agencies and facilities, for each office building of the state agency or large state facility, to provide adequate receptacles, signage, education, and staffing and arrange for recycling services. Exempts community colleges. 4)Requires state agencies and facilities to review the adequacy and condition of receptacles for recyclable materials and associated signage at least annually. AB 2812 Page 3 5)Requires state agencies to include a summary of the agency's compliance with the bill's requirements in their annual report to CalRecycle. 6)Includes chaptering out language should this bill and AB 2396 both become law. Background 1)Statewide waste diversion goals. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Currently, an estimated 31 million tons of waste are disposed of in California's landfills annually, of which 37% is compostable organic materials, 20% is inert and other construction and demolition debris, and 17% is paper and paperboard, 10% plastics, 3% metal, with the remaining 12% consisting of various materials such as glass and other waste. 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 or organic waste, including composting and anaerobic digestion) are necessary to meet the 75% goal and to implement Strategic Directive 6.1. 2)Waste reduction and GHGs. According to the California Air Resources Board (ARB), a total reduction of 80 million metric tons (MMT), or 16% compared to business as usual, is necessary to reduce statewide GHG emissions to 1990 levels by 2020. ARB intends to achieve approximately 78% of the reductions through direct regulations. ARB proposes to achieve the balance of reductions necessary to meet the 2020 limit (approximately 18 MMT) through its cap-and-trade program. Landfill gas is generated by the anaerobic decomposition of organic materials such as food, paper, wood, and green material. 50% of landfill gas is methane, a GHG with a much shorter life (also known as a short-lived climate pollutant), but much higher global warming potential than carbon dioxide (methane is approximately 25 times more efficient at trapping AB 2812 Page 4 heat than carbon dioxide over a 100-year time span). Depending on the types of solid waste, the chemical makeup of landfill biogas can vary greatly from the biogas produced from dairy farms, municipal solid waste, and wastewater treatment facilities. While most modern landfills have systems in place to capture methane, significant amounts continue to escape into the atmosphere. According to ARB's GHG inventory, approximately seven million tons of carbon dioxide equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of carbon dioxide equivalent by 2020. Comments Purpose of Bill. According to the author, "The Integrated Waste Management Act requires that local governments divert at least 50% of solid waste from landfill disposal and establishes a statewide policy goal that 75% of solid waste generated be source-reduced, recycled, or composted by the year 2020. According to CalRecycle, in order to achieve the state's policy goal, an additional 23 million tons will need to be recycled, reduced, or composted. "AB 2812 would direct CalRecycle to develop requirements to ensure recycling containers are made available to employees of the state. By ensuring that state employees have adequate opportunity to recycle their solid waste in the workplace, the state will lead by example, and play a major role in contributing to the state's ambitious diversion goals." FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: 1)Increased administrative costs of approximately $145,000 per year for two years for CalRecyle to gather information, adopt requirements, conduct outreach and update the electronic annual report to reflect new reporting requirements. Ongoing AB 2812 Page 5 absorbable costs for monitoring. 2)Unknown, potentially significant state costs to provide receptacles, staff, and establish a collection schedule at each state agency and facility. 3)Unknown, likely minor, state costs to incorporate the new requirement into the existing report to CalRecycle. SUPPORT: (Verified8/11/16) Californians Against Waste Northern California Recycling Agency Rural County Representatives of California Solid Waste Association of North America OPPOSITION: (Verified8/11/16) None received ASSEMBLY FLOOR: 80-0, 6/1/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon Prepared by:Joanne Roy / E.Q. / (916) 651-4108 8/15/16 20:22:31 AB 2812 Page 6 **** END ****