California Assembly Bill AB1126 Amended / Bill

 BILL NUMBER: AB 1126AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly Members Gordon and Mullin (Principal coauthor: Assembly Member Wilk) FEBRUARY 22, 2013 An act to amend Section  42649   40106  of the Public Resources Code, relating to  recycling   solid waste  . LEGISLATIVE COUNSEL'S DIGEST AB 1126, as amended, Gordon.  Recycling: businesses.   Solid waste: biomass conversion.   The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste, through source reduction, recycling, and composting activities. Existing law allows the 50% diversion requirement to include, pursuant to specified conditions, not more than 10% through biomass conversion defined as the controlled combustion of specific materials for use in producing electricity or heat.   This bill would revise the definition of biomass conversion to specify that it includes other thermal conversion of those materials.   Existing law requires a business, defined to include a commercial or public entity, that generates 4 cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of 5 units, or more to arrange for recycling services.   This bill would make a technical change to a statement of legislative intent regarding this program.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 40106 of the   Public Resources Code   is amended to read:  40106. (a) "Biomass conversion" means the controlled combustion,  or other thermal conversion,  when separated from other solid waste and used for producing electricity or heat, of the following materials: (1) Agricultural crop residues. (2) Bark, lawn, yard, and garden clippings. (3) Leaves, silvicultural residue, and tree and brush pruning. (4) Wood, wood chips, and wood waste. (5) Nonrecyclable pulp or nonrecyclable paper materials. (b) "Biomass conversion" does not include the controlled combustion of recyclable pulp or recyclable paper materials, or materials that contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste. (c) For purposes of this section, "nonrecyclable pulp or nonrecyclable paper materials" means either of the following, as determined by the  board:   department:  (1) Paper products or fibrous materials that cannot be technically, feasibly, or legally recycled because of the manner in which the product or material has been manufactured, treated, coated, or constructed. (2) Paper products or fibrous materials that have become soiled or contaminated and as a result cannot be technically, feasibly, or legally recycled.  SECTION 1.   Section 42649 of the Public Resources Code is amended to read: 42649. (a) It is the intent of the Legislature to require businesses to recycle the commercial solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the Legislature to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California.