BILL ANALYSIS �
AB 2670
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 2670
AUTHOR: Assembly Committee on Natural Resources
AMENDED: April 10, 2012
FISCAL: Yes HEARING DATE: June 18, 2012
URGENCY: No CONSULTANT: Peter Cowan
SUBJECT : SOLID WASTE RECYCLING: FACILITIES
SUMMARY :
Existing law : Under the California Integrated Waste
Management Act of 1989:
1) Defines "commercial solid waste" as having the same meaning
as Section 17225.12 of Title 14 of the California Code of
Regulations where it is defined as "all types of solid
wastes generated by stores, offices and other commercial
sources, excluding residences, and excluding industrial
wastes." (Public Resources Code �42649.1).
2) Authorizes the Department of Resources Recycling and
Recovery (DRRR) to designate and certify local enforcement
agencies (LEAs) to carry out local permitting and
enforcement of solid waste facilities. (�43200 et seq.).
The operator of a solid waste facility cannot make a
significant change to the design or operation of a facility
that is not authorized in the existing solid waste
facilities permit. (�44004). When making a determination
for a revised permit or modification to a permit, the LEA
must submit the proposed determination to DRRR for comment
and hold at least one noticed public hearing on the
determination.
3) Includes the Rigid Plastic Packaging Container (RPPC) Law
that defines:
a) "Postconsumer material" as a material that would
otherwise be destined for solid waste disposal, having
completed its intended end use and product lifecycle.
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Postconsumer material does not include materials and
byproducts generated from, and commonly reused within,
an original manufacturing and fabrication process.
(�42301(g)).
b) "Source reduced container" as a rigid plastic
packaging container whose package weight per unit or use
of product has been reduced by 10 percent when compared
with other packaging, as specified. (�42301(j)).
This bill :
1) Clarifies that "commercial solid waste" includes all types
of solid waste generated by a store, office, or other
commercial or public entity source, including a business or
a multifamily dwelling of five or more units.
2) Exempts a permit modification from the requirement to
notify DRRR and hold at least one public hearing.
3) Revises the RPPC Law by:
a) Adding to the definition of "postconsumer material":
(i) finished plastic packaging that has been rejected by
a manufacturer, and that would be commonly disposed of,
if the department determines the material is later used
in a process that is other than an original
manufacturing and fabrication process; and (ii) rigid
plastic packaging container holding an obsolete or
unsold product that is commonly disposed of, and not
commonly reused if the packaging is used as feedstock
for packaging containers.
b) Clarifying that "sourced reduced container" includes
those whose weight has been reduced compared to
containers that have not been considered source reduced
and are used to hold a similar product but manufactured
by other product manufactures, as determined by DRRR.
4) Corrects cross-references. (�42649.3).
COMMENTS :
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1) Purpose of Bill . According to Assembly Natural Resources
Committee staff, AB 2670 amends the Integrated Waste
Management Act of 1989 by correcting cross-references,
clarifying and updating definitions, and allowing LEAs to
approve a solid waste facilities permit modification
without notifying DRRR or holding a noticed public hearing.
2) Background . On May 25, 2012, DRRR resubmitted a proposed
rulemaking updating the regulations pursuant to the RPPC
Law to the Office of Administrative Law. The definitions
revised by AB 2670 codify the corresponding definitions
proposed in the rulemaking.
AB 341 (Chesbro) Chapter 476, Statutes of 2011, requires
that DRRR ensure that by January 1, 2020, 75% of the solid
waste generated in California is source reduced, recycled
or composted. Additionally, business or multifamily
residences meeting certain standards must arrange for
recycling services consistent with state or local law. AB
2670 revises the "commercial solid waste" definition to be
consistent with other provisions of AB 341, including the
definition of "commercial waste generator" that
incorporates multifamily residences as commercial waste
generators.
AB 939 (Sher) Chapter 1095, Statutes of 1989, established
the prohibition on significant design or operation changes
at a solid waste facility without a solid waste facilities
permit revision. AB 1497 (Montanez) Chapter 823, Statutes
of 2003, further required DRRR to adopt regulations
defining the term "significant change in the design or
operation of the solid waste facility that is not
authorized by the existing permit" and required the LEA to
submit the proposed permit determination to DRRR and hold
at least one public hearing. Current DRRR regulations
contain requirements relating to permit modifications. AB
341 added certain requirements related to permit
modifications. AB 2670 exempts permit modifications from
the notice and public hearing requirement and the
requirement to notify DRRR for comment.
The author has agreed to strike this exception to the
noticed public hearing and DRRR notification requirements
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due to concerns over modified solid waste facilities
permits under certain circumstances.
SOURCE : Assembly Committee on Natural Resources
SUPPORT : Waste Management
OPPOSITION : None on file