BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2670|
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THIRD READING
Bill No: AB 2670
Author: Chesbro (D) and Williams (D)
Amended: 8/21/12 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 6/18/12
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Solid waste recycling
SOURCE : Author
DIGEST : This committee bill makes noncontroversial
technical and clarifying changes to the Waste Management
Act of 1989. Specifically, this bill (1) updates
definitions within the Rigid Plastic Packaging Container
(RPPC) law, (2) defines "commercial solid waste" as all
types of waste generated by a store, office, or other
commercial or public entity source, including a business or
a multifamily dwelling, (3) corrects a drafting error in
Public Resources Code (PRC) Section 42649.3, and (4)
corrects an incorrect reference to PRC Section 42649.1 (b).
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Senate Floor Amendments of 8/21/12 require the Department
of Resources Recycling and Recovery (CalRecycle) to adopt
regulations to de-incentivize and reduce organics and
greenwaste directed to landfills. Specifically, the
amendments (1) require CalRecycle to adopt regulations to
phase-out diversion credit for greenwaste used as alternate
daily cover (ADC) by 2020, with the ability to implement
regional phase-out timelines and delay the effective date
of the regulations for two years, (2) require CalRecycle to
investigate specified materials for ADC use, and adopt
regulations meeting minimum standards for those materials
for ADC if CalRecycle determines them adequate, (3) defines
"large-quantity commercial organics generator" as a
business that generates significant amounts of organic
waste, including food and green waste, as determined by
CalRecycle, (4) requires CalRecycle to adopt regulations to
require large-quantity commercial generators of organic
waste to source separate and subscribe to recycling for
this material, with the ability to establish different
implementation timelines for various materials and regions,
implemented no later than 2017, and (5) require certain
solid waste facilities that accept solid waste from the
public and/or self-haulers to have a separate collection
area for segregated greenwaste and non-hazardous wood
waste.
ANALYSIS :
Existing law:
1. Pursuant to the Integrated Waste management Act (Act),
as amended by Chapter 476, Statutes of 2011 (AB 341,
Chesbro):
A. Establishes a state policy goal that 75% of solid
waste generated be diverted from landfill disposal by
2020.
B. Requires a commercial waste generator (including
multi-family dwellings) to arrange for recycling
services and requires local governments to implement
commercial solid waste recycling programs designed to
divert solid waste from businesses.
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C. Specifies that certain "modifications" to existing
solid waste facilities permits can be made without a
public hearing.
2. Pursuant to Rigid Plastic Packaging Container (RPPC)
law:
A. Establishes definitions relating to RPPC law,
including:
(1) "Rigid plastic packaging container" means
any plastic package having a relatively
inflexible, finite shape or form, with a minimum
capacity of eight fluid ounces and a maximum
capacity of five fluid gallons (or equivalent
volume) that is capable of holding its shape while
holding other products, including, but not limited
to, bottles, cartons, and other receptacles, for
sale or distribution in the state;
(2) "Container manufacturer" means a company or
successor company that sells any RPPC subject to
the law to a manufacturer that sells or offers for
sale in this state any product packaged in the
container;
(3) "Refillable package" means an RPPC that "the
board" determines is routinely returned to and
refilled by the product manufacturer at least five
times with the original product contained by the
package;
(4) "Postconsumer material" means a material
that would otherwise be destined for solid waste
disposal, having completed its intended end use
and product lifecycle. Postconsumer material
excludes materials and byproducts generated from,
and commonly reuses within, an original
manufacturing and fabrication process;
(5) "Source reduced container" means either of
the following:
(a) An RPPC for which the manufacturer
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seeks compliance as of January 1, 1995, whose
package weight per unit of use of product has
been reduced by 10 percent when compared with
the packaging used for that product between
1990 and 1994;
(b) An RPPC for which the manufacturer
seeks compliance after January 1, 1995, whose
package weight per unit or use of product has
been by 10 percent when compared with the
packaging used by the manufacturer on January
1, 1995; The packaging used for that product
over the course of the first full year of
commerce in the state; or, the packaging used
in commerce that same year for similar products
whose containers have not been considered
source reduced.
(c) Specifies limits on what is considered
a source reduced container.
B. Requires that every RPPC sold or offered for sale
in the state, with exceptions for food and cosmetic
containers; shall be either made from 25%
postconsumer material; have a recycling rate of 45%;
be a reusable package; or be a source reduced
container.
C. Provides civil penalties for violations, creates a
waiver procedure, and provides exemptions for certain
RPPCs.
Comments
According to the Assembly Natural Resources Committee
staff, this committee bill is needed for the following
reasons: AB 2670 includes various clean-up and technical
changes to the Act. Specifically, it defines "commercial
solid waste," which was previously defined by referencing
Section 17225.12 of Title 14 of the California Code of
Regulations. That definition inadvertently excluded waste
generated by residences and industrial facilities. This
bill corrects drafting errors in AB 341. In PRC Section
42649.3, AB 341 referenced Section "42692;" this bill
clarifies that the correct section is 42649.2. PRC Section
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42649.3 also referred to a commercial waste generator," as
defined in Section 42649.1 (b); however, the definition is
actually in Section 42649.1 (c). The definitions in RPPC
law were established in 1991 and have not been updated
since 2005, even though the regulatory definitions have
been updated to reflect current packaging types and
recycling technologies. This bill updates and revises
these definitions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/23/12)
California Compost Coalition
Clean World Partners (Gold River)
Recology, Inc.
Greenwaste Recovery
Napa Recycling
Zanker Road Resource Management LTD
ARGUMENTS IN SUPPORT : Proponents state they support "AB
2670 (Chesbro), which will reduce the landfilling of
organic waste, strengthen composting and organics
processing efforts through increased feedstock
availability, and enhance California's ability to meet its
greenhouse gas reduction goals. AB 2670 would require the
California Department of Resources Recovery and Recycling
(CalRecycle) to adopt policies that would enhance the
state's ability to keep organic waste materials out of our
landfills and be utilized in higher, better, and more
sustainable production. AB 2670 would rightfully phase out
diversion credit for green waste used as alternative daily
cover (ADC) or alternative intermediate cover (AIC) over
the next 7 years, providing economic equity and eliminating
market disincentives to stimulate growth of the organics
processing infrastructure that will be necessary to handle
the additional recoverable materials as they become
available. AB 2670 would require large-quantity commercial
generators of organic waste to develop source-separation
and recycling programs, keeping additional materials from
landfill. In order to ease the transition for solid waste
facility operators, AB 2670 would allow the continued use
of 'fines' from the processing of construction and
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demolition of recyclable materials; mixed waste fines are
correctly excluded from such use. The growth of compost
markets also will provide substantial reductions in
greenhouse gas production by removing methane-producing
organic matter from the landfill and enabling its return to
the earth - thus closing the 'carbon cycle' - in the form
of organic soil amendments, which helps reduce water usage
and chemical fertilizer usage, resulting in additional
energy savings and greenhouse gas benefits."
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
DLW:m 8/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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