BILL ANALYSIS
AB 478
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 478
AUTHOR: Chesbro
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: July 6, 2009
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : Solid Waste Diversion and Global Warming
SUMMARY :
Existing law :
1)Pursuant to the California Integrated Waste Management Act
(Act) of 1989 :
a) Requires each city or county source reduction and
recycling element to include an implementation schedule
that shows a city or county must divert 25% of solid
waste from landfill disposal or transformation by January
1, 1995, through source reduction, recycling, and
composting activities, and must divert 50% of solid waste
on and after January 1, 2000. (Public Resources Code
41780).
b) Requires the Integrated Waste Management Board (IWMB)
to determine compliance status for cities and counties in
achieving and maintaining the 50% diversion rate.
Jurisdictions are found to be in compliance by meeting or
exceeding the 50% diversion rate and implementing the
programs described in their plans or by making a good
faith effort to implement their programs but not
achieving the 50% diversion rate. Jurisdictions who do
not meet the above are placed on compliance orders and
are subject to fines. (41850).
2)Pursuant to the California Global Warming Solutions Act
(CGWSA) of 2006:
AB 478
Page 2
a) Requires the California Air Resources Board (ARB) to
determine the 1990 statewide greenhouse gas (GHG)
emissions level and approve a statewide GHG emissions
limit that is equivalent to that level, to be achieved by
2020. ARB must adopt regulations for reporting and
verification of GHG emissions, monitoring and compliance
with the program, and achieving GHG emission reductions
from sources or categories of sources by January 1, 2011
to be operative on January 1, 2012, subject to certain
requirements. (Health and Safety Code 38500 et seq.).
b) Requires ARB to prepare and approve a scoping plan for
achieving the maximum technologically feasible and
cost-effective reductions in GHG emissions from sources
or categories of sources of GHGs by 2020. ARB must
evaluate the total potential costs and total potential
economic and noneconomic benefits of the plan for
reducing GHGs to the state's economy, and public health,
using the best economic models, emission estimation
techniques, and other scientific methods. The plan must
be updated at least once every five years. (38561).
c) Authorizes the ARB to adopt GHG emission limits or
emission reduction measures prior to January 1, 2011,
imposing those limits or measures prior to January 1,
2012, or providing early reduction credit where
appropriate. (38563).
d) Authorizes the Governor to adjust applicable deadlines
for regulations to the earliest feasible date after that
deadline in the event of extraordinary circumstances,
catastrophic events, or threat of significant harm.
Within 10 days of invoking the adjustment period, the
Governor must provide written notification to the
Legislature. (38599).
This bill :
1)Makes extensive findings and declarations regarding solid
waste management and greenhouse gas emissions.
2)Requires the ARB to consult with the IWMB in the development
of regulations to include rules for the reduction of
AB 478
Page 3
greenhouse gas emissions from solid waste reduction and
recycling.
COMMENTS :
1)According to the author, the scoping plan, which ARB adopted
last December, does not adequately account for GHG emission
from products disposed in California but produced out of
state. This bill addresses this oversight by ensuring that
ARB, as it continues to develop and implement AB 32, will
benefit from IWMB's expertise in solid waste disposal and
recycling.
2)Background . Californina must manage 93 million tons of
waste generated each year by reducing waste whenever
possible, and promoting the management of all materials to
their highest and best use. California produces roughly 1.4
percent of the world's greenhouse gases, and 6.2 percent of
the total U.S. greenhouse gases. California has been
working on and finding solutions to our impact on climate
since 1988. The landmark California Global Warming
Solutions Act of 2006 established the first-in-the-world
comprehensive program of regulatory and market mechanisms to
achieve real, quantifiable, cost-effective reductions of
greenhouse gases.
Waste reduction and recycling are proven efforts that every
Californian can make to reduce harmful greenhouse gas
emissions. Current national recycling efforts estimate
greenhouse gas emission reductions at 49.9 million metric
tons of carbon equivalent (MMTCE) annually, compared to land
filling or combusting the same material. This is the same
greenhouse gas emission reduction as removing nearly 40
million cars from the road. Increasing the recycling rate
to 35 percent nationally would reduce greenhouse gas
emissions by another 5.2 MMTCE, for a total reduction of
over 55 MMTCE.
3)ARB Scoping Plan . A requirement of the CGWSA is that ARB
develops a scoping plan outlining the State's strategy to
achieve the 2020 greenhouse gas emissions limit. The
scoping plan, adopted in December 2008 was developed in
coordination with the Climate Action Team (CAT). It
AB 478
Page 4
proposes a set of actions designed to reduce overall
greenhouse gas emissions in California. One of the
recommendations is related to recycling and waste with the
goal to "Reduce methane emissions at landfills. Increase
waste diversion, composting and other beneficial uses of
organic materials, and mandate commercial recycling. Move
toward zero-waste". In consultation with the IWMB, ARB
re-assessed potential measures in the Recycling and Waste
sector for the final version of the scoping plan. As a
result of this review, ARB increased the anticipated
reduction of greenhouse gas emissions from the Recycling and
Waste Sector from 1 to 10 MMTCO2E, incorporating measures to
move toward high recycling and zero-waste.
4)Opposition Concerns . The City of Lakewood opposes AB 478
and states that the bill is unnecessary because the ARB is
already required to consult with stakeholders and consults
with the IWMB on waste related matters.
SOURCE : Californians Against Waste
SUPPORT : National Parks Conservation Association
OPPOSITION : City of Lakewood