BILL NUMBER: AB 478INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Chesbro FEBRUARY 24, 2009 An act to amend Section 38562 of the Health and Safety Code, relating to greenhouse gas emissions. LEGISLATIVE COUNSEL'S DIGEST AB 478, as introduced, Chesbro. Greenhouse gas emissions: solid waste. Existing law, the California Global Warming Solutions Act of 2006, requires the State Air Resources Board to adopt greenhouse gas emissions limits and emission reduction measures by regulation. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. This bill would require the state board to consult with the California Integrated Waste Management Board in developing the regulations to include rules for the reduction of greenhouse gas emissions from solid waste reduction and recycling. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Since the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), an extensive material collection and recycling infrastructure has been created, resulting in the achievement of a statewide diversion rate beyond 50 percent and the reduction of three million metric tons of carbon dioxide. (b) All solid waste should be properly managed in order to minimize the generation of waste, maximize the diversion of solid waste from landfills, and manage all solid waste to its highest and best use, in accordance with the waste management hierarchy and in support of the California Global Warming Solutions Act of 2006. (c) A comprehensive array of solid waste diversion programs will result in an actual reduction in disposal tonnage and greenhouse gas emissions. (d) Although the state now leads the nation in solid waste reduction and recycling, the state continues to dispose of more than 40 million tons of solid waste each year, which is more than the national average on a per capita basis. Additional efforts must be undertaken to divert more solid waste from disposal in order to reduce the production of greenhouse gas emissions statewide. (e) The anaerobic decomposition of solid waste in landfills produces methane, a greenhouse gas 21 times more potent than carbon dioxide. (f) Greenhouse gas emissions can be substantially reduced by properly managing all materials to minimize the generation of waste, maximizing the diversion of solid waste from landfills, and capturing methane emissions to be put to their highest and best use. (g) Reducing waste and materials at the source of generation, increased use of compost to benefit soils, coupled with increased recycling and extended producer responsibility, have the potential to reduce emissions, both within the state and within the connected global economy. (h) According to the State Air Resources Board's Climate Change Scoping Plan, further implementation of aggressive high recycling and source reduction measures has the potential to offset as much as nine million metric tons of carbon dioxide by 2020. SEC. 2. Section 38562 of the Health and Safety Code is amended to read: 38562. (a) On or before January 1, 2011, the state board shall adopt greenhouse gas emission limits and emission reduction measures by regulation to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit, to become operative beginning on January 1, 2012. (b) In adopting regulations pursuant to this section and Part 5 (commencing with Section 38570), to the extent feasible and in furtherance of achieving the statewide greenhouse gas emissions limit, the state board shall do all of the following: (1) Design the regulations, including distribution of emissions allowances where appropriate, in a manner that is equitable, seeks to minimize costs and maximize the total benefits to California, and encourages early action to reduce greenhouse gas emissions. (2) Ensure that activities undertaken to comply with the regulations do not disproportionately impact low-income communities. (3) Ensure that entities that have voluntarily reduced their greenhouse gas emissions prior to the implementation of this section receive appropriate credit for early voluntary reductions. (4) Ensure that activities undertaken pursuant to the regulations complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminant emissions. (5) Consider cost-effectiveness of these regulations. (6) Consider overall societal benefits, including reductions in other air pollutants, diversification of energy sources, and other benefits to the economy, environment, and public health. (7) Minimize the administrative burden of implementing and complying with these regulations. (8) Minimize leakage. (9) Consider the significance of the contribution of each source or category of sources to statewide emissions of greenhouse gases. (c) In furtherance of achieving the statewide greenhouse gas emissions limit, by January 1, 2011, the state board may adopt a regulation that establishes a system of market-based declining annual aggregate emission limits for sources or categories of sources that emit greenhouse gas emissions, applicable from January 1, 2012, to December 31, 2020, inclusive, that the state board determines will achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions, in the aggregate, from those sources or categories of sources. (d) Any regulation adopted by the state board pursuant to this part or Part 5 (commencing with Section 38570) shall ensure all of the following: (1) The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the state board. (2) For regulations pursuant to Part 5 (commencing with Section 38570), the reduction is in addition to any greenhouse gas emission reduction otherwise required by law or regulation, and any other greenhouse gas emission reduction that otherwise would occur. (3) If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this division. (e) The state board shall rely upon the best available economic and scientific information and its assessment of existing and projected technological capabilities when adopting the regulations required by this section. (f) The state board shall consult with the Public Utilities Commission in the development of the regulations as they affect electricity and natural gas providers in order to minimize duplicative or inconsistent regulatory requirements. (g) The state board shall consult with the California Integrated Waste Management Board in the development of the regulations to include rules for the reduction of greenhouse gas emissions from solid waste reduction and recycling.(g)(h) After January 1, 2011, the state board may revise regulations adopted pursuant to this section and adopt additional regulations to further the provisions of this division.