BILL ANALYSIS �
AB 323
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Date of Hearing: April 29, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 323 (Chesbro) - As Introduced: February 12, 2013
SUBJECT : Solid waste: recycling: diversion: green materials
SUMMARY : Requires the Department of Resources Recycling and
Recovery (CalRecycle) to phase out recycling credit for green
waste (e.g., yard waste) used in the operation of a landfill.
Requires large generators of organic waste, as determined by
CalRecycle, to subscribe to recycling services for this
material.
EXISTING LAW:
1)Establishes the California Integrated Waste Management Act of
1989, which:
a) Specifies a state policy goal that 75 percent of solid
waste generated be diverted from landfill disposal by 2020.
b) Requires each local jurisdiction to divert 50 percent of
solid waste from landfill disposal.
c) 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.
2)Establishes the California Global Warming Solutions Act of
2006 (AB 32), which requires the California Air Resources
Board (ARB) to:
a) Adopt regulations requiring the reporting and
verification of statewide greenhouse gas (GHG) emissions.
b) Adopt a statewide GHG emissions limit equivalent to 1990
emissions levels by 2020.
THIS BILL :
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1)Establishes legislative findings and declarations regarding
California's progress in waste reduction and recycling and the
benefits of diverting compostable organics from solid waste
landfills, including GHG emissions reductions, water quality
improvements, and agricultural applications.
2)Requires CalRecycle to:
a) Adopt regulations by January 1, 2020 that specify the
use of green material as alternative daily or intermediate
cover (ADC or IC) does not constitute diversion.
Authorizes CalRecycle to delay the effective date of the
regulations for up to two years if it determines that
sufficient regional green material processing
infrastructure will not exist to handle this material.
b) Analyze the public health and safety effects of the use
of residual fines (e.g., the material left over after
removing the recyclable materials) from material recovery
facilities (MRFs) and materials left over from the
composting process (compost overs) for ADC and other forms
of beneficial use in the design and operation of a solid
waste landfill.
c) On or before January 1, 2015, adopt regulations for the
use of MRF fines as an authorized material for use as ADC
and beneficial reuse at solid waste facilities in the state
if, based on the analysis conducted, CalRecycle determines
that MRF fines or compost overs would serve as adequate
cover. The regulations shall:
i) Contain performance standards, and may also include
standards for screening, processing, and testing material
recover facility fines;
ii) Ensure that the material does not contain hazardous
materials above approved thresholds; and,
iii) Require that any compost overs used as ADC or for
beneficial reuse in the design and operation of a solid
waste landfill shall not exceed five percent of the
incoming material at the source compost facility, by
weight.
d) The regulations adopted by CalRecycle relating to the
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use of MRF fines and compost overs as ADC shall not include
the use of residual fines from mixed waste processing
facilities.
e) Adopt regulations by January 1, 2017 that would require
a large-quantity commercial organics generator to arrange
for separate organics collection and recycling services,
which may include but are not limited to self-hauling.
Authorizes CalRecycle to establish different timelines for
different types of organic materials, different types of
large-quantity commercial organics generators, and
different regions of the state, provided that these
requirements come into effect by January 1, 2017.
3)Defines the following terms:
a) "Commercial solid waste" to include all types of solid
waste generated by a store, office, or other commercial or
public entity source, including a business or multifamily
dwelling of five or more units.
b) "Large-quantity commercial organics generator" (organics
generator) to mean a business that generates significant
amounts of organic waste, including but not limited to,
food waste and green materials, that is traditionally
disposed of in a solid waste landfill, as determined by
CalRecycle.
4)Makes technical and conforming changes to the law.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "AB 323 will help California
achieve the state's air quality, GHG, and waste reduction goals
by diverting organic materials from landfills."
Meeting the state's recycling goals . CalRecycle is tasked with
diverting at least 75 percent of solid waste statewide by 2020.
Currently, organic materials make up one-third of the waste
stream and food continues to be the highest single item disposed
at over 15 percent of disposal. CalRecycle is also charged with
implementing its Strategic Directive 6.1, which calls for
reducing organic waste disposal by 50 percent by 2020.
According to CalRecycle, significant gains in organic waste
diversion are necessary to meet the 75 percent goal and
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implementing Strategic Directive 6.1. Recycling technologies
for organic waste include composting, anaerobic digestion, and
other types of processing that generate renewable fuels, energy,
soil amendments, and mulch.
Compost and other soil amendments that can be produced from
organic materials have been shown to improve soil health by
incorporating organic matter, beneficial micro-organisms, and
nutrients and reduce the need for chemical pesticides and
fertilizers. These products also conserve water by allowing
water to penetrate the soil more quickly and decreasing runoff.
Recycling organic materials also creates local jobs. According
to CalRecycle, composting creates an average of four jobs for
every 1,000 tons of material, approximately four times more than
landfilling.
Waste reduction and GHGs . According to ARB, a total reduction
of 80 million metric tons (MMT), or 16 percent compared to
business as usual, is necessary to reduce statewide GHG
emissions to 1990 levels by 2020. ARB intends to achieve
approximately 78 percent of the reductions through direct
regulations. ARB proposes to achieve the balance of reductions
necessary to meet the 2020 limit (approximately 18 MMT) through
a cap-and-trade program.
The 2012-13 Budget Act authorized DOF to allocate at least $500
million from cap-and-trade revenue, and make commensurate
reductions to General Fund expenditure authority, to support the
regulatory purposes of AB 32. The Governor's proposed 2013-14
Budget includes a brief discussion of Administration priorities
for investment, emphasizing investments in the transportation
and energy sectors from which large reductions in GHG emissions
are possible. In addition, areas to be examined during the
planning process include sustainable agriculture practices
(including the development of bioenergy), forest management and
urban forestry, and the diversion of organic waste to bioenergy
and composting. ARB's draft three-year investment plan for
cap-and-trade revenues includes waste diversion as a funding
priority.
Recycling organic waste provides significant GHG reductions over
landfilling. Composting and other organics processing
technologies, including anaerobic digestion, reduce GHGs by
avoiding the emissions that would be generated by the material's
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decomposition in a landfill. Landfill gas is generated by the
decomposition of organic materials such as food, paper, wood,
and yard waste. Fifty percent of landfill gas is methane, a GHG
that is 21 times more efficient at trapping heat than carbon
dioxide. 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 7
million tons of CO2 equivalent are released annually. That
number is expected to increase to 8.5 million tons of CO2
equivalent by 2020.
Landfill gas to energy and organics . Under legislation enacted
last year [AB 1900 (Gatto) and AB 2196 (Chesbro)], California
electricity generation from landfill biomethane is eligible for
renewable energy credit, which may increase the demand for
landfill biomethane. While these bills may help the state
achieve its renewable energy goals, it is important to ensure
that they do not inadvertently impact the state's recycling
goals, as landfill gas is generated by the decomposition of
organic materials.
Related legislation . Two bills that will also be heard in the
Natural Resources Committee on April 29th provide additional
funding and incentives for organic waste processing.
1)AB 1021 (Eggman) would make projects that use "recycled
feedstock" eligible for sales and use tax exclusions
authorized by the California Alternative Energy and Advanced
Transportation Financing Authority.
2)AB 1023 (Eggman) would establish the Greenhouse Gas Reduction
through Recycling, Composting, and Recycled Content
Manufacturing Program, which would require CalRecycle to
develop incentives for waste reduction, recycling, composting,
and recycled content manufacturing projects that reduce GHG
emissions.
REGISTERED SUPPORT / OPPOSITION :
Support
Biodegradable Products Institute
Breathe California
California Biomass Energy Alliance
California Climate and Agriculture Network
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California Coastal Protection Network
California Compost Coalition
California League of Conservation Voters
California Resource Recovery Association
Californians Against Waste
Center for Biological Diversity
City and County of San Francisco
CleanWorld
Coalition for Clean Air
Environment California
FEED Resource Recovery
F.M. Booth Mechanical
GAIA
Green Sangha
Greenaction for Health and Environmental Justice
Harvest Power Inc.
Humboldt Waste Management Authority
Los Angeles Alliance for a New Economy
Lyles Construction Group
Marin County Hazardous and Solid Waste Management Joint Powers
Authority
Napa Recycling and Waste Services
Natural Resources Defense Council
Northern California Recycling Association
Otto Construction
Peabody Engineering
Peninsula Sanitary Service, Inc.
Planning and Conservation League
Recology, Inc.
Regatta Solutions, Inc.
Rethink Waste
Sierra Club California
Stanford Recycling Center Peninsula Sanitary Service, Inc.
StopWaste.Org
US Composting Council
Vasko Electric
Zanker
Opposition
County Sanitation Districts of Los Angeles County
Los Angeles County Solid Waste Management Committee/Integrated
Waste Management Task Force
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Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092