BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1826|
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THIRD READING
Bill No: AB 1826
Author: Chesbro (D), et al.
Amended: 8/6/14 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 6/25/14
AYES: Hill, Hancock, Jackson, Leno, Pavley
NOES: Gaines
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 54-22, 5/15/14 - See last page for vote
SUBJECT : Solid waste: organic waste
SOURCE : Author
DIGEST : This bill requires 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.
ANALYSIS :
Existing law, under the California Integrated Waste Management
Act of 1989:
1.Specifies a state policy goal that 75% of solid waste
generated be diverted from landfill disposal by 2020.
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2.Requires each local jurisdiction to divert 50% of solid waste
from landfill disposal.
3.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.
4.Requires, under the California Global Warming Solutions Act of
2006 (commonly referred to as AB 32), the 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, and
to adopt GHG emissions reductions measures by regulation. ARB
is authorized to include the use of market-based mechanisms to
comply with these regulations.
This bill:
1.Requires businesses that generate organic waste to arrange for
recycling services for that material on the following
schedule:
A. Beginning April 1, 2016, a business that generates eight
cubic yards or more of organic waste per week;
B. Beginning January 1, 2017, a business that generates
four cubic yards or more of organic waste per week; and
C. On and after January 1, 2019, a business that generates
four cubic yards or more of solid waste per week, or two
cubic yards of solid waste if specified findings are made
by the Department of Resources Recycling and Recovery
(CalRecycle).
1.Exempts a business from the above requirements if it is in a
rural jurisdiction, as defined, where the county board of
supervisors of the county, city or regional agency that
contains the rural jurisdiction, adopts a resolution that
makes findings as to the purpose of and need for the
exemption.
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2.Makes the above exemption inoperative on or after January 1,
2020, if CalRecycle finds that statewide organics disposal has
not reduced 50% of the level of disposal during 2014, and that
applying the diversion requirements in rural jurisdictions
will result in significant additional reductions of disposal
or organic waste.
3.Defines "business" as 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 non-profit or for-profit entity, or a multifamily
dwelling.
4.Defines "organic waste" as food waste, green waste, landscape
and pruning waste, non-hazardous wood waste, and food-soiled
paper mixed with food waste.
5.Requires businesses that generate organic waste generators
that are subject to the organic recycling requirements in this
bill to do one of the following:
A. Source separate organic waste from other waste and
subscribe to a basic level of organic recycling service
that includes collection and recycling of organic waste.
B. Recycle its organic waste for recycling on site or
self-haul its own organic waste.
C. Subscribe to an organic waste recycling service that may
include mixed waste processing that specifically recycles
organic waste, or make other arrangements consistent with
selling or donating the waste.
1.Requires businesses that contract for landscaping or gardening
services to require that the organic waste generated be
recycled in compliance with this bill.
2.Specifies that multifamily dwellings of fewer than five units
are exempt from the requirements of this bill, and specifies
that food waste generated by multifamily dwellings of five or
more units is not subject to the requirements of this bill.
3.On and after January 1, 2016, requires each local jurisdiction
to implement an organic waste recycling program that is
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appropriate for the jurisdiction and designed to divert
organic waste generated by businesses. Specifies that local
jurisdictions that have an organic waste recycling program in
place prior to January 1, 2016, and that meet certain
requirements, do not have to implement a new or expanded
program.
4.Requires the program to:
A. Identify barriers to siting new or expanded compostable
materials handling operations, as defined, and specify a
plan to remedy those barriers that are within the control
of the local jurisdiction.
B. Provide education, outreach and monitoring for
businesses.
C. Notify the businesses if they are not in compliance with
the organic waste recycling requirements.
1.Specifies that an "organic waste recycling facility" shall
include compostable materials handling operations, as defined,
and may include other facilities that recycle organic waste.
2.Authorizes organic waste recycling programs to include a
mandatory organic waste recycling policy or ordinance,
mandatory commercial organic waste recycling through a
franchise contract or agreement or requirement for organic
waste processing to divert organic materials from disposal.
3.Authorizes the organic waste recycling program to include
enforcement provisions, certification requirements for
self-haulers and to exempt businesses from the requirements of
this bill on a case-by-case basis for 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
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least one-half of a cubic yard of organic waste per week.
D. Limited-term exemptions for extraordinary and unforeseen
events.
E. The business or group of businesses does not generate at
least one cubic yard of organic waste per week, if the
local jurisdiction provides CalRecycle with information
that explains the need for this higher exemption, as
specified, and information on the number of businesses that
generate organic waste. Makes this exemption inoperative on
or after January 1, 2020, if CalRecycle finds that
statewide organics disposal has not reduced 50% of the
level of disposal during 2014.
1.Requires local jurisdictions to include specified information
relating to the organic waste recycling program in each
jurisdiction's annual report to CalRecycle and requires
CalRecycle to review a jurisdiction's compliance annually.
2.Specifies that if a local jurisdiction adds or expands an
organic waste recycling program pursuant to this bill, it is
not required to update its source reduction and recycling
element or obtain CalRecycle's approval.
3.Specifies that this bill does not limit the authority of a
local jurisdiction to adopt requirements that are more
stringent than this bill and clarifies that this bill does not
modify, limit, or abrogate:
A. A solid waste franchise granted by a local government.
B. A contract, license, or permit to collect solid waste
granted by a local government.
C. The existing right of a business to sell or donate its
recyclable organic waste materials.
1.Requires CalRecycle to identify and recommend actions to
address state and federal permitting and siting challenges and
to encourage the continued viability of the state's organic
waste processing and recycling infrastructure.
2.Requires CalRecycle to cooperate with local governmental
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agencies and the solid waste industry to provide assistance
for increasing the feasibility of organic waste recycling and
requires CalRecycle to post funding mechanisms available for
the development of organic waste infrastructure.
3.Requires CalRecycle to identify and post on its Internet Web
site state financing mechanisms and state funding incentives
that are available for in-state development of organic waste
infrastructure to help the state achieve its GHG reduction
goals and waste reduction goals.
Background
Statewide Waste Diversion Goals . CalRecycle is tasked with
diverting at least 75% of solid waste statewide by 2020.
Currently, organic materials, including green waste, make up
one-third of the waste stream (approximately 11 million tons)
and food waste continues to be the highest single category of
disposal at over 15%. Green materials, such as lumber,
cardboard, and leaves and grass comprise over 20%.
CalRecycle is also charged with implementing its Strategic
Directive 6.1, which calls for reducing organic waste disposal
by 50% by 2020. According to CalRecycle, significant gains in
organic waste diversion (through recycling technologies for
organic waste including composting and anaerobic digestion) are
necessary to meet the 75% goal and to implement Strategic
Directive 6.1. Anaerobic digestion, which produces biogas that
can be processed to biomethane fuel, is particularly suited to
handle food waste. Green waste is more efficiently processed
through composting. Compost, in addition to improving the
quality of soil, prevents soil erosion, reduces the need for
chemical fertilizers and pesticides, and enables better soil
water retention.
Greenhouse Gasses and Organic Waste . Landfill gas is generated
by the anaerobic decomposition of organic materials such as
food, paper, wood, and green material. Fifty percent of
landfill gas is methane, a GHG with a much shorter life, but
much higher global warming potential than CO2 (methane is
approximately 25 times more efficient at trapping heat than
carbon dioxide over a 100-year time span). Depending on the
types of solid waste, the chemical makeup of landfill biogas can
vary greatly from the biogas produced from dairy farms and
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municipal solid waste and wastewater treatment facilities.
Local air districts regulate air emissions from stationary
sources and have adopted rules to implement federal and state
emission standards for municipal solid waste landfills,
primarily targeting reductions in ozone precursors and hazardous
air pollutants, but which also provide supplemental methane
emission reductions.
In 2009, pursuant to authority under AB 32 as a discrete early
action measure, landfill methane capture regulations were
adopted and require owners and operators of certain uncontrolled
municipal solid waste landfills, to install gas collection and
control systems for methane emissions, and requires existing and
newly installed gas and control systems to operate in an optimal
manner. Often, these emission control systems involve a
combustion step as a way to reduce the emissions of methane and
other organics.
Even with advanced methane landfill control systems, however,
significant amounts of methane from landfills continue to escape
into the atmosphere. According to ARB's updated Scoping Plan,
approximately eight million tons of CO2 equivalent are released
annually by landfills. That number is expected to increase to
8.5 million tons of CO2 equivalent by 2020.
Recycling organic waste provides significant GHG emission
reductions over landfilling. Composting and other organic
processing technologies, including anaerobic digestion, reduce
GHG emissions by avoiding the emissions that would be generated
by the material's decomposition in a landfill. In the case of
anaerobic digestion, the process produces methane from the
organic waste in a controlled environment for use as a renewable
fuel, and results in climate benefits by both reducing GHGs from
landfills, and displacing fossil fuels.
Related Legislation
AB 1594 (Williams, 2014) phases out solid waste diversion
credit, for green material used as landfill cover.
AB 341 (Chesbro, Chapter 476, Statutes of 2011) requires
businesses and multifamily dwellings that generate at least four
cubic yards of solid waste to arrange for recycling services on
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and after January 1, 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/5/14)
American Biogas Council
Association of Compost Producers
Biodegradable Products Institute
Bioenergy Association of California
Breathe California
California Biomass Energy Alliance
California Climate and Agriculture Network
California Coastal Protection Network
California League of Conservation Voters
California Resource Recovery Association
Californians Against Waste
Castaway Solutions
Center for Biological Diversity
Cities of Los Angeles, San Francisco, and San Jose
CleanWorld
Clean Power Campaign
Coalition for Clean Air
Community Alliance with Family Farmers
Costa Mesa Sanitary District
County of San Francisco
CR&R Environmental Services
East Bay Municipal Utility District
Ecology Center
Environment California
Frank M. Booth Design Build Co.
GAIA
Global Green USA
GrassRoots Recycling Network
Greenaction
GreenWaste Recovery
Harvest Power
Inland Empire Disposal Association
LAANE
Los Angeles County Waste Management Association
Marin County Hazardous and Solid Waste Management Joint Powers
Authority
Napa Recycling & Waste Services
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Natural Resources Defense Council
NatureWorks
Northern California Recycling Association
Novamont
Peabody Engineering
Planning and Conservation League
Recology
Rethink Waste/South Bayside Waste Management Authority
Sierra Club, California
Solid Waste Association of Orange County
Sonoma Compost Co.
StopWaste
Synergex International
U.S. Composting Council
Vasko Electric, Inc.
Waste Management
OPPOSITION : (Verified 8/5/14)
Cities of Commerce, and West Hollywood
Los Angeles County Solid Waste Management Committee/Integrated
Waste
Management Task Force
San Luis Obispo County, Integrated Waste Management Authority
ARGUMENTS IN SUPPORT : StopWaste writes, "Despite California's
robust recycling infrastructure for traditional recyclables, the
state continues to landfill organic materials, such as plant
debris and food scraps, at an alarming rate. In fact, food is
the most prevalent item in our waste stream and a third of the
material going to landfills is readily compostable. In the
context of achieving a 75% recycling rate and strict greenhouse
gas limits, it would not be responsible to landfill this
material. Our county has addressed this issue by banning plant
debris in the landfill and by adopting a commercial mandatory
recycling ordinance which requires businesses to recycle
traditional recyclables and organics, by specified dates. We
strongly suggest that the bill use the "volume of solid waste"
as threshold for identifying affected businesses, instead of the
"volume of organics," to make the law more easily implementable
by businesses.
"Tackling organics is a critical part of achieving the goals in
AB 341 and AB 32. According to CalRecycle "the75% goal cannot
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be reached unless a significant amount of organics now being
landfilled is instead used in new composting/AD facilities," and
the ARB has repeatedly identified the importance of composting
and anaerobic digestion to reduce greenhouse gases.
Nonetheless, the building of organics processing infrastructure
has been hindered by a complex regulatory structure and state
policies that have supported low-cost disposal alternatives. AB
1826 will work to address this regulatory complexity with a goal
of augmenting compost processing capacity in the state."
ARGUMENTS IN OPPOSITION : The City of Commerce writes to
address the following concerns:
[?]
Lack of Infrastructure to Process Organic Waste . While we
appreciate the benefits of composting, our region's urban nature
prevents the siting of commercial-scale compost facilities
capable of processing the region's organic waste. The region
simply needs other options to process organic waste, otherwise
the waste would need to be transported outside the region, which
is costly, economically and environmentally. We believe robust
state-administered grant and loan programs are critical to
helping the organic waste processing industry in our region get
off the ground.
Undefined Key Terms . The lack of definitions for "organic waste
recycling" and "organic waste recycling facility" leaves
uncertainty for jurisdictions. Moreover, the term "reasonable
vicinity" is highly subjective, which necessitates a definition
as well.
Excessive Requirements on Jurisdictions . In addition to the
difficult tasks of developing an organic waste recycling program
as well as identifying, notifying, and monitoring affected
businesses, local programs would be required to identify vacant
parcels, existing vacant or expandable facilities, zoning and
permitting requirements, and steps towards removal of barriers
and siting and/or expanding "organic waste recycling
facilities." These requirements are excessive and seem to
infringe upon local land use decision making authority.
ASSEMBLY FLOOR : 54-22, 5/15/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
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Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro,
Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Frazier,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall, Roger
Hern�ndez, Holden, Jones-Sawyer, Levine, Lowenthal, Mullin,
Muratsuchi, Nazarian, Nestande, Pan, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Waldron, Weber,
Wieckowski, Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,
Jones, Linder, Logue, Maienschein, Melendez, Olsen, Patterson,
Wagner, Wilk
NO VOTE RECORDED: Brown, Mansoor, Medina, Vacancy
RM:e 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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