Amended in Senate July 1, 2014

Amended in Senate June 16, 2014

Amended in Assembly April 22, 2014

Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1826

Introduced by Assembly Member Chesbro

(Coauthors: Assembly Members Gordon, Skinner, Ting, and Williams)

February 18, 2014

An act to add Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1826, as amended, Chesbro. Solid waste: organic waste.

(1) 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. The act requires a business, which is defined as a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more, to arrange for recycling services. Existing law also requires jurisdictions to implement a commercial solid waste recycling program meeting specified elements.

This bill would require a business that generates a specified amount of organic waste per week to arrange for recycling services for that organic waste in a specified manner. The bill would decrease the amount of organic waste under which a business would be subject to those requirements from 8 cubic yards or more during 2016 to 4 cubic yards or more during 2017. The bill would also require a business that generates 4 cubic yards or more of commercial solid waste per week, on and after January 1, 2019, to arrange for organic waste recycling services and would decrease that amount to 2 cubic yards, if the department makes a specified determination on or after January 1, 2020.

This bill would require the contract or work agreement between a business and a gardening or landscaping service to require the organic waste generated by those services to comply with the requirements of this act.

This bill would require each jurisdiction, on and after January 1, 2016, to implement an organic waste recycling program to divert organic waste from the businesses subject to this act, except as specified with regard to rural jurisdictions, thereby imposing a state-mandated local program by imposing new duties on local government agencies. The bill would require each jurisdiction to report to the department on its progress in implementing the organic waste recycling program, and the department would be required to review whether a jurisdiction is in compliance with this act.

This bill would authorize a local governmental agency to charge and collect a fee from an organic waste generator to recover the local governmental agency’s costs incurred in complying with this act.

This bill would require the department to identify and recommend actions to address permitting and siting challenges and to encourage the continued viability of the state’s organic waste processing and recycling infrastructure, in partnership with the California Environmental Protection Agency and other specified state and regional agencies. The bill also would require the department to cooperate with local jurisdictions and industry to provide assistance and incentives for increasing the feasibility of organic waste recycling and to identify certain financing mechanisms and funding incentives and post this information on its Internet Web site.

(2) 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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 12.9 (commencing with Section 42649.8)
is added to Part 3 of Division 30 of the Public Resources Code, to
read:

 

Chapter  12.9. Recycling of Organic Waste

 

42649.8.  

For purposes of this chapter, the following terms shall
apply:

(a) “Business” means a commercial or public entity, including,
but not limited to, a firm, partnership, proprietorship, joint stock
company, corporation, or association that is organized as a
for-profit or nonprofit entity, or a multifamily residential dwelling.

(b) “Commercial waste generator” means a business subject to
subdivision (a) of Section 42649.2.

(c) “Organic waste” means food waste, green waste, landscape
and pruning waste, nonhazardous wood waste, and food-soiled
paper waste that is mixed in with food waste.

(d) “Organic waste generator” means a business subject to
subdivision (a) of Section 42649.81.

begin delete

(e) For purposes of this section “organic waste recycling facility”
means a facility that meets the definition of a compostable handling
operation or facility that is defined in paragraph (12) of subdivision
(a) of Section 17852 of Title 14 of the California Code of
Regulations.

end delete begin delete

(f)

end delete

begin insert (e) end insert  “Rural jurisdiction” means a jurisdiction that is located
entirely within one or more rural counties, or a regional agency
comprised of jurisdictions that are located within one or more rural
counties.

begin delete

(g)

end delete

begin insert (f) end insert  “Rural county” means a county that has a total population
of less than 100,000 persons.

begin delete

(h)

end delete

begin insert (g) end insert  “Self-hauler” means a business that hauls its own waste
rather than contracting for that service and “self-haul” means to
act as a self-hauler.

42649.81.  

(a) (1) On and after January 1, 2016, a business
that generates eight cubic yards or more of organic waste per week
shall arrange for recycling services specifically for organic waste
in the manner specified in subdivision (b).

(2) On and after January 1, 2017, a business that generates four
cubic yards or more of organic waste per week shall arrange for
recycling services specifically for organic waste in the manner
specified in subdivision (b).

(3) On and after January 1, 2019, a business that generates four
cubic yards or more of commercial solid waste, as defined in
Section begin delete 42469.1, end delete begin insert 42649.1, end insert per week, shall arrange for recycling
services specifically for organic waste in the manner specified in
subdivision (b).

(4) On or after January 1, 2020, if the department determines
that statewide disposal of organic waste has not begin delete decreased by end delete begin insert been
reduced to end insert 50 percent begin delete from end delete begin insert of end insert the level of disposal begin delete of end delete during 2014,
a business that generates two cubic yards or more per week of
commercial solid waste shall arrange for the organic waste
recycling services specified in paragraph (3), unless the department
determines that this requirement will not result in significant
additional reductions of organics disposal.

(5) A business located in a rural jurisdiction that is exempted
pursuant to paragraph (2) of subdivision (a) of Section 42649.82
is not subject to this chapter.

(b) A business subject to subdivision (a) shall take at least one
of the following actions:

(1) Source separate organic waste from other waste and
subscribe to a basic level of organic waste recycling service begin insert that
includes collection and recycling of organic waste end insert .

(2) Source separate organic waste from other solid waste and
manage its organic waste onsite or self-haul its own organic waste.

(3) Subscribe to an organic waste recycling service that may
include mixed waste processing that specifically recycles organic
waste.

(4) Make other arrangements consistent with paragraph (3) of
subdivision (b) of Section begin delete 42469.84. end delete begin insert 42649.84. end insert

(c) A business that is a property owner may require a lessee or
tenant of that property to source separate their organic waste to
aid in compliance with this section.

(d) A business generating organic waste shall arrange for the
recycling services required by this section in a manner that is
consistent with state and local laws and requirements, including a
local ordinance or local jurisdiction’s franchise agreement,
applicable to the collection, handling, or recycling of solid and
organic waste.

(e) When arranging for gardening or landscaping services, the
contract or work agreement between a business subject to this
section and a gardening or landscaping service shall require the
organic waste generated by those services to be managed in
compliance with this chapter.

(f) (1) A multifamily residential dwelling that consists of fewer
than five units is not a business for purposes of this chapter.

(2) A business that is a multifamily dwelling is not required to
arrange for the organic waste recycling services specified in
subdivision (b) for food waste that is generated by the business.

(g)  If separate organic waste collection and recycling services
are not offered through a local ordinance or local jurisdiction’s
franchise agreement, a business generating organic waste may
arrange for separate organic waste collection and recycling services,
until the local ordinance or local jurisdiction’s franchise agreement
includes organic waste recycling services.

42649.82.  

(a) (1) In addition to the requirements of Section
42649.3, on and after January 1, 2016, each jurisdiction shall
implement an organic waste recycling program that is appropriate
for that jurisdiction and designed specifically to divert organic
waste generated by businesses subject to Section 42649.81, whether
or not the jurisdiction has met the requirements of Section 41780.

(2) (A) A county board of supervisors of a rural county may
adopt a resolution, as prescribed in this paragraph, to make the
rural county exempt from the requirements of this section. If a
rural jurisdiction is a city, the city council may adopt a resolution,
as prescribed in this paragraph, to make the rural jurisdiction
exempt from this section. If a rural jurisdiction is a regional agency
comprised of jurisdictions that are located entirely within one or
more rural counties, the board of the regional agency may adopt
a resolution, as prescribed in this paragraph, to make the rural
jurisdiction is exempt from the requirements of this section.

(B) A resolution adopted pursuant to subparagraph begin insert (A) end insert shall
include findings as to the purpose of and need for the exemption.

(C) A resolution to exempt a rural jurisdiction pursuant to
subparagraph (A) shall be submitted to the department at least six
months prior to the operative date of the exemption.

(D) On or after January 1, 2020, if the department determines
that statewide disposal of organic waste has not been reduced to
50 percent of the level of disposal during the 2014 calendar year,
all exemptions authorized by this paragraph shall terminate unless
the department determines that applying this chapter to rural
jurisdictions will not result in significant additional reductions of
disposal of organic waste.

(b) If a jurisdiction, as of January 1, 2016, has in place an
organic waste recycling program that meets the requirements of
this section, it is not required to implement a new or expanded
organic waste recycling program.

(c) The organic waste recycling program required by this section
shall be directed at organic waste generators and may include, but
is not limited to, one or more of the following:

(1) Implementing a mandatory commercial organic waste
recycling policy or ordinance that addresses organic waste
recycling.

(2) Requiring a mandatory commercial organic waste recycling
program through a franchise contract or agreement.

(3) Requiring organic waste to go through a source separated
or mixed processing system that diverts material from disposal.

(d) The organic waste recycling program shall do all of the
following:

(1) Identify all of the following:

(A) Existing organic waste recycling facilities within a
reasonable vicinity and the capacities available for materials to be
accepted at each facility.

(B) Existing solid waste and organic waste recycling facilities
within the jurisdiction that may be suitable for potential expansion
or colocation of organic waste processing or recycling facilities.

(C) Efforts of which the jurisdiction is aware that are underway
to develop new private or public regional organic waste recycling
facilities that may serve some or all of the organic waste recycling
needs of the commercial waste generators within the jurisdiction
subject to this chapter, and the anticipated timeframe for
completion of those facilities.

(D) Closed or abandoned sites that might be available for new
organic waste recycling facilities.

(E) Other nondisposal opportunities and markets.

(F) Appropriate zoning and permit requirements for the location
of new organic waste recycling facilities.

(G) Incentives available, if any, for developing new organic
waste recycling facilities within the jurisdiction.

(2) Identify barriers to siting new or expanded organic waste
recycling facilities and specify a plan to remedy those barriers that
are within the control of the local jurisdiction.

(3) Provide for the education of, outreach to, and monitoring
of, businesses. The program shall require the jurisdiction to notify
a business if the business is not in compliance with Section
42649.81.

(e) The organic waste recycling program may include any one
or more of the following:

(1) Enforcement provisions that are consistent with the
jurisdiction’s authority, including a structure for fines and penalties.

(2) Certification requirements for self-haulers.

(3) Exemptions, on a case-by-case basis, from the requirements
of Section 42649.81 that are deemed appropriate by the jurisdiction
for any of the following reasons:

(A) Lack of sufficient space in multifamily complexes or
businesses to provide additional organic material recycling bins.

(B) The current implementation by a business of actions that
result in the recycling of a significant portion of its organic waste.

(C) The business or group of businesses does not generate at
least one-half of a cubic yard of organic waste per week.

(D) Limited-term exemptions for extraordinary and unforeseen
events.

(f) (1) Each jurisdiction shall provide the department with
information on the number of regulated businesses that generate
organic waste and, if available, the number that are recycling
organic waste. The jurisdiction shall include this information as
part of the annual report required pursuant to Section 41821.

(2) On and after August 1, 2017, in addition to the information
required by paragraph (1), each jurisdiction shall report to the
department on the progress achieved in implementing its organic
waste recycling program, including education, outreach,
identification, and monitoring, on its rationale for allowing
exemptions, and, if applicable, on enforcement efforts. The
jurisdiction shall include this information as part of the annual
report required pursuant to Section 41821.

(g) (1) The department shall review a jurisdiction’s compliance
with this section as part of the department’s review required by
Section 41825.

(2) The department also may review whether a jurisdiction is
in compliance with this section at any time that the department
receives information that a jurisdiction has not implemented, or is
not making a good faith effort to implement, an organic waste
recycling program.

(h) During a review pursuant to subdivision (g), the department
shall determine whether the jurisdiction has made a good faith
effort to implement its selected organic waste recycling program.
For purposes of this section, “good faith effort” means all
reasonable and feasible efforts by a jurisdiction to implement its
organic waste recycling program. During its review, the department
may include, but is not limited to, consideration of the following
factors in its evaluation of a jurisdiction’s good faith effort:

(1) The extent to which businesses have complied with Section
42649.81, including information on the amount of disposal that is
being diverted from the businesses, if available, and on the number
of businesses that are complying with Section 42649.81.

(2) The recovery rate of the organic waste from the material
recovery facilities that are utilized by the businesses, all
information, methods, and calculations, and any additional
performance data, as requested by the department from the material
recovery facilities pursuant to Section 18809.4 of Title 14 of the
California Code of Regulations.

(3) The extent to which the jurisdiction is conducting education
and outreach to businesses.

(4) The extent to which the jurisdiction is monitoring businesses
and notifying those businesses that are not in compliance.

(5) The appropriateness of exemptions allowed by the
jurisdiction.

(6) The availability of markets for collected organic waste
recyclables.

(7) Budgetary constraints.

(8) In the case of a rural jurisdiction, the effects of small
geographic size, low population density, or distance to markets.

(9) The availability, or lack thereof, of sufficient organic waste
processing infrastructure, organic waste recycling facilities and
other nondisposal opportunities and markets.

(10) The extent to which the jurisdiction has taken steps that
are under its control to remove barriers to siting and expanding
organic waste recycling facilities.

42649.83.  

(a) If a jurisdiction adds or expands an organic
waste recycling program to meet the requirements of Section
42649.82, the jurisdiction shall not be required to revise its source
reduction and recycling element or obtain the department’s
approval pursuant to Article 1 (commencing with Section 41800)
of Chapter 7 of Part 2.

(b) If an addition or expansion of a jurisdiction’s organic waste
recycling program is necessary, the jurisdiction shall include this
information in the annual report required pursuant to Section
41821.

42649.84.  

(a) This chapter does not limit the authority of a
local governmental agency to adopt, implement, or enforce a local
organic waste recycling requirement, or a condition imposed upon
a self-hauler, that is more stringent or comprehensive than the
requirements of this chapter.

(b) This chapter does not modify, limit, or abrogate in any
manner any of the following:

(1) A franchise granted or extended by a city, county, city and
county, or other local governmental agency.

(2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, city or county,
or other local governmental agency.

(3) The existing right of a business to sell or donate its recyclable
organic waste materials.

(c) Notwithstanding any other requirement of this chapter,
nothing in this chapter modifies, limits, or abrogates the authority
of a local jurisdiction with respect to land use, zoning, or facility
siting decisions by or within that local jurisdiction.

42649.85.  

A local governmental agency may charge and collect
a fee from an organic waste generator to recover the local
governmental agency’s costs incurred in complying with this
chapter.

42649.86.  

(a) The department shall identify and recommend
actions to address, with regard to both state agencies and the federal
government, the permitting and siting challenges associated with
composting and anaerobic digestion, and to encourage the
continued viability of the state’s organic waste processing and
recycling infrastructure, in partnership with the California
Environmental Protection Agency and other state and regional
agencies. These other state and regional agencies shall include,
but are not limited to, the State Air Resources Board, the State
Energy Resources Conservation and Development Commission,
the Public Utilities Commission, the Department of Food and
Agriculture, the State Water Resources Control Board, California
regional water quality control boards, and air pollution control and
air quality management districts.

(b) The department shall cooperate with local begin delete government end delete
begin insert governmental end insert agencies and industry to provide assistance and
incentives for increasing the feasibility of organic recycling by
promoting processing opportunities and the development of new
infrastructure of sufficient capacity to meet the needs of generators,
and developing sufficient end-use markets throughout the state for
the quantity of organic waste required to be diverted.

(c) The department shall identify and post on its Internet Web
site financing mechanisms and funding incentives that are available
for in-state development of organic waste infrastructure to help
the state achieve its greenhouse gas reduction goals and waste
reduction goals.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.