SB 1383,
as amended, Lara. Short-lived climatebegin delete pollutants.end deletebegin insert pollutants: methane emissions: organic waste: landfills.end insert
The
end deletebegin insert(1)end insertbegin insert end insertbegin insertTheend insert California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The state board is also required to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state.
This bill would require the state board, no later than January 1, 2018, to approve and begin implementing that comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as specified.begin insert The bill also would establish specified targets for reducing organic waste in landfills.end insert
begin insert(2) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program that requires each county and city and county to prepare and submit to the department a countywide integrated waste management plan.
end insertbegin insertThe bill would require the department, in consultation with the state board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills. The bill would authorize local jurisdictions to charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations. The bill would require, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills. The bill would authorize the department, depending on the outcome of that analysis, to amend the regulations to include incentives or additional requirements, as specified. By adding to the duties of local governments related to organic waste in landfills, this bill would impose a state-mandated local program.
end insertbegin insert(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insert(a)end insertbegin insert end insert The Legislature finds and declares all of the
2following:
3(a)
end delete
4begin insert(1)end insert Short-lived climate pollutants, such as black carbon,
5fluorinated gases, and methane, are powerful climate forces that
P3 1have a dramatic and detrimental effect on air
quality, public health,
2and climate change.
3(b)
end delete
4begin insert(2)end insert These pollutants create a warming influence on the climate
5that is many times more potent than that of carbon dioxide.
6(c)
end delete
7begin insert(3)end insert These toxic air contaminants also are a significant
8environmental risk factor for premature death.
9(d)
end delete
10begin insert(4)end insert Reducing these emissions can have an immediate beneficial
11impact on climate change and on public health.
12(e)
end delete
13begin insert(5)end insert To the extent possible, efforts to reduce emissions of
14short-lived climate pollutants should focus on areas of the state
15that are disproportionally affected by poor air quality.
16
(b) It is the intent of the Legislature to support the adoption of
17policies that improve organics recycling and innovative,
18
cost-effective, and environmentally beneficial uses of biomethane
19derived from solid waste facilities.
20
(c) It is intent of the Legislature that the disposal reduction
21targets established pursuant to Section 39730.6 of the Health and
22Safety Code shall serve as a statewide average target and not as
23a minimum requirement for each jurisdiction.
Section 39730.5 is added to the Health and Safety
25Code, to read:
(a) No later than January 1, 2018, the state board
27shall approve and begin implementing the comprehensive
28short-lived climate pollutant strategy developed pursuant to Section
2939730 to achieve a reduction in the statewide emissions of methane
30by 40 percent, hydrofluorocarbon gases by 40 percent, and
31anthropogenic black carbon by 50 percent below 2013 levels by
322030.
33(b) Prior to approving the short-lived climate pollutant strategy
34pursuant to subdivision (a), the state board shall do all of the
35following:
36(1) Coordinate with other state and local agencies and districts
37to develop measures
identified as part of the strategy.
38(2) Provide a forum for public engagement by holding at least
39three public hearings in geographically diverse locations throughout
40the state.
P4 1(3) Evaluate the best-available scientific, technological, and
2economic information to ensure that the strategy is cost effective
3and technologically feasible.
4(4) Incorporate and prioritize, as appropriate, measures and
5actions that provide the following cobenefits:
6(A) Job growth and local economic benefits in the state.
7(B) Public health benefits for residents, particularly in
8disadvantaged communities identified
pursuant to Section 39711.
9(C) Potential for new innovation in technology, energy, and
10resource management practices.
11(c) The state board shall publicly notice the strategy described
12in subdivision (a) and post a copy of that strategy on the state
13board’s Internet Web site at least one month prior to the state board
14approving the strategy pursuant to subdivision (a).
begin insertSection 39730.6 is added to the end insertbegin insertHealth and Safety
16Codeend insertbegin insert, to read:end insert
Consistent with Section 39730.5, methane emissions
18reduction goals shall include the following targets to reduce the
19landfill disposal of organics:
20
(a) A 50 percent reduction in the level of the statewide disposal
21of organic waste from the 2014 level by 2020.
22
(b) A 75 percent reduction in the level of the statewide disposal
23of organic waste from the 2014 level by 2025.
begin insertChapter 13.1 (commencing with Section 42652) is
25added to Part 3 of Division 30 of the end insertbegin insertPublic Resources Codeend insertbegin insert, to
26read:end insert
27
(a) The department, in consultation with the State Air
31Resources Board, shall adopt regulations to achieve the organic
32waste reduction goals for 2020 and 2025 established in Section
3339730.6 of the Health and Safety Code. The regulations shall
34comply with all of the following:
35
(1) May require local jurisdictions to impose requirements on
36generators or other relevant entities within their jurisdiction and
37may authorize local jurisdictions to impose penalties for
38noncompliance.
P5 1
(2) Shall include requirements intended to meet the goal that
2not less than 20 percent of edible food that is currently disposed
3of is recovered for human consumption by 2025.
4
(3) Shall not establish a numeric organic waste disposal limit
5for individual landfills.
6
(4) May include different levels of requirements for local
7jurisdictions and phased timelines based upon their progress in
8meeting the organic waste reduction goals for 2020 and 2025
9established in Section 39730.6 of the Health and Safety Code. The
10department shall base its determination of progress on relevant
11factors, including, but not limited to, reviews conducted pursuant
12to Section 41825, the amount of organic waste disposed compared
13to the 2014 level, per capita disposal rates, the review required
14by Section 42653, and other relevant information provided by a
15jurisdiction.
16
(5) May include penalties to be imposed by the department for
17noncompliance. If penalties are included, they shall be imposed
18using the processes
authorized by Sections 41825 and 41850.
19
(6) Shall take effect on or after January 1, 2022, except the
20imposition of penalties pursuant to paragraph (5) shall not take
21effect until two years after the effective date of the regulations.
22
(b) A local jurisdiction may charge and collect fees to recover
23the local jurisdiction’s costs incurred in complying with the
24regulations adopted pursuant to this section.
(a) No later than July 1, 2020, the department, in
26consultation with the State Air Resources Board, shall analyze the
27progress that the waste sector, state government, and local
28governments have made in achieving the organic waste reduction
29goals for 2020 and 2025 established in Section 39730.6 of the
30Health and Safety Code. The analysis shall include all of the
31following:
32
(1) The status of new organics recycling infrastructure
33development, including the commitment of state funding and
34appropriate rate increases for solid waste and recycling services
35to support infrastructure expansion.
36
(2) The progress in reducing regulatory barriers to the siting
37of organics recycling
facilities and the timing and effectiveness of
38policies that will facilitate the permitting of organics recycling
39infrastructure.
P6 1
(3) The status of markets for the products generated by organics
2recycling facilities, including cost-effective electrical
3interconnection and common carrier pipeline injection of digester
4biomethane and the status of markets for compost, biomethane,
5and other products from the recycling of organic waste.
6
(b) If the department determines that significant progress has
7not been made on the items analyzed pursuant to subdivision (a),
8the department may include incentives or additional requirements
9in the regulations described in Section 42652 to facilitate progress
10towards achieving the organic waste reduction goals for 2020 and
112025 established in Section 39730.6 of the Health and Safety Code.
12The department may, upon consultation with stakeholders,
13
recommend to the Legislature revisions to those organic waste
14reduction goals.
This chapter shall not limit the authority of a local
16jurisdiction to adopt, implement, or enforce requirements in
17addition to those set forth in the regulations adopted pursuant to
18this chapter.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21a local agency or school district has the authority to levy service
22charges, fees, or assessments sufficient to pay for the program or
23level of service mandated by this act, within the meaning of Section
2417556 of the Government Code.
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