BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2812|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   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.








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          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.









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          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  








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            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  








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            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










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