California Assembly Bill AB323 Latest Draft

 BILL NUMBER: AB 323INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Chesbro (Coauthor: Assembly Member Williams) FEBRUARY 12, 2013 An act to amend Sections 41781.3, 42649.1, and 42649.2 of, and to add Section 41781.4 to, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 323, as introduced, Chesbro. Solid waste: recycling: diversion: green materials. (1) The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. Under the act, the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including the use of alternative daily cover, constitutes diversion through recycling and is not considered disposal. This bill would require the department to adopt regulations to provide that, no later than January 1, 2020, the use of green material as alternative daily cover or alternative intermediate cover does not constitute diversion through recycling and would be considered disposal for purposes of the act. The bill would authorize the department to delay the effective date of this requirement, as specified. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the diversion of solid waste. This bill would require the department, by January 1, 2015, to conduct an analysis of the use of residual fines from material recovery facilities and materials left over from the composting process for use as alternative daily cover and other forms of beneficial use in the design and operation of a solid waste landfill. The bill would require the department to adopt regulations, by July 1, 2015, based on this analysis, if the department makes a specified determination that residual fines from material recovery facilities and materials left over from the composting process would serve as adequate daily cover. (2) 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. Existing law defines the term "commercial solid waste" by reference to a specified regulation. This bill would instead define commercial solid waste in statute to include all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of 5 or more units. The bill would also require the department to adopt, by January 1, 2017, regulations to require a large-quantity commercial organics generator, as defined, to arrange for separate organics collection and recycling services, except as specified. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the commercial solid waste program required to be implemented by local agencies. (3) 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. The Legislature finds and declares all of the following: (a) With the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), the Legislature declared that the Department of Resources Recycling and Recovery (CalRecycle) and local agencies shall promote recycling, anaerobic digestion, and composting over land disposal and transformation. (b) Since the enactment of the act, local governments and private industries have worked jointly to create an extensive material collection infrastructure and have implemented effective programs to achieve a statewide diversion rate greater than 50 percent. (c) Although California now leads the nation in waste reduction and recycling, the state continues to dispose of more than 15 million tons of compostable organics each year in solid waste landfills. (d) Composting or anaerobically digesting organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia. (e) The Economic and Technology Advancement Advisory Committee, formed pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), has identified composting and anaerobic digestion as a cost-effective technology for reducing greenhouse gas emissions. (f) The application of compost in agriculture and landscaping has been shown to offer significant water quality benefits, provide erosion control, reduce the need for synthetic fertilizers and pesticides, and conserve water and irrigation-associated energy. (g) In 2007, the former state agency that preceded CalRecycle adopted a Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020. (h) To reduce the landfilling of organics, increase composting and anaerobic digestion, and meet the organics disposal reduction target adopted by CalRecycle, the state should reduce barriers to, and provide incentives for, increasing processing capacity and end-use markets for compostable organics. SEC. 2. Section 41781.3 of the Public Resources Code is amended to read: 41781.3. (a)  (1)    The use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover, which reduces or eliminates the amount of solid waste being disposed pursuant to Section 40124, shall constitute diversion through recycling and shall not be considered disposal for  the  purposes of this division.  (2) The department shall adopt regulations to provide that, no later than January 1, 2020, the use of green material, as defined in regulations by the department, as alternative daily cover or alternative intermediate cover, does not constitute diversion through recycling and shall be considered disposal for purposes of this division.   (3) When adopting regulations pursuant to paragraph (2), the department may establish requirements for different regions of the state to be in effect on or before January 1, 2020, but not later than January 1, 2020.   (4) The department shall provide notice to all operators of disposal facilities of the requirements in the regulations adopted pursuant to paragraph (2) one year before the effective date of the requirements.   (5) The department may, at its sole discretion, delay the effective date of the regulations required to be adopted pursuant to paragraph (2) for up to two years if the department determines that sufficient regional green material processing infrastructure will not exist to handle this material.  (b)  Prior to   Befor   e  December 31, 1997, pursuant to the  board's   department's  authority to adopt rules and regulations pursuant to Section 40502, the  board   department  shall, by regulation, establish conditions for the use of alternative daily cover that are consistent with this division. In adopting the regulations, the  board   department  shall consider, but is not limited to, all of the following criteria: (1) Those conditions established in past policies adopted by the  board   department  affecting the use of alternative daily cover. (2) Those conditions necessary to provide for the continued economic development, economic viability, and employment opportunities provided by the composting industry in the state. (3) Those performance standards and limitations on maximum functional thickness necessary to ensure protection of public health and safety consistent with state minimum standards. (c)  Until   Except as provided in paragraph (2) of subdivision (a), until  the adoption of additional regulations, the use of alternative daily cover shall be governed by the conditions established by the  board   department  in its  existing   former  regulations set forth in paragraph (3) of subdivision (b) of, and paragraph (3) of subdivision (c) of, Section 18813 of Title 14 of the California Code of Regulations, as those sections read on  the effective date of this section   January 1, 1997  , and by the conditions established in the  board's   department's  policy adopted on January 25, 1995. (d) In adopting rules and regulations pursuant to this section, Section 40124, and this division, including, but not limited to, Part 2 (commencing with Section 40900), the  board   department  shall provide guidance to local enforcement agencies on any conditions and restrictions on the utilization of alternative daily cover so as to ensure proper enforcement of those rules and regulations. SEC. 3. Section 41781.4 is added to the Public Resources Code, to read: 41781.4. (a) On or before January 1, 2015, the department shall conduct an analysis of the effect on public health and safety, consistent with state minimum standards, of the use of residual fines from material recovery facilities and materials left over from the composting process for alternative daily cover and other forms of beneficial use in the design and operation of a solid waste landfill. (b) On or before July 1, 2015, based on the analysis conducted pursuant to subdivision (a), if the department determines that fines from material recovery facilities or materials left over from the composting process would serve as an adequate daily cover, the department shall adopt regulations for residual fines from material recovery facilities or materials left over from the composting process as an authorized material for use as alternative daily cover and beneficial reuse at solid waste facility landfills in the state, which regulations shall include performance standards and limitations on the maximum functional thickness necessary to ensure protection of public health and safety, consistent with state minimum standards. (c) The regulations adopted pursuant to subdivision (b) shall include performance standards, and may include standards for screening, processing, and testing material recovery facility fines, to insure all of the following: (1) The material does not contain hazardous materials above approved thresholds. (2) The material performs adequately in its ability to control odors, vectors, litter, and scavenging. (3) The use of the material does not negatively affect the conditions necessary to provide for the continued economic development, economic viability, and employment opportunities provided by the composting and recycling industries in the state. (d) The regulations adopted pursuant to this section for the use of residual fines from materials recovery facilities for use as alternative daily cover or for beneficial reuse in the design and operation of a solid waste landfill, shall meet both of the following requirements: (1) The regulations shall not allow the use of residual fines from mixed waste processing. (2) The regulations shall require that any materials left over from the composting process used as alternative daily cover or beneficial reuse in the design and operation of a solid waste landfill not exceed 5 percent of the incoming material at the source compost facility, by weight. SEC. 4. Section 42649.1 of the Public Resources Code is amended to read: 42649.1. For purposes of this chapter, the following  terms mean the following   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 solid waste"  has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations   includes 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 . (c) "Commercial waste generator" means a business subject to subdivision (a) of Section 42649.2.  (d) "Large-quantity commercial organics generator" means 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 the department.   (d)   (e)  "Self-hauler" means a business that hauls its own waste rather than contracting for that service. SEC. 5. Section 42649.2 of the Public Resources Code is amended to read: 42649.2. (a) On and after July 1, 2012, a business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.  (d) (1) (A) On or before January 1, 2017, the department shall adopt regulations to require a large-quantity commercial organics generator to arrange for separate organics collection and recycling services that may include, but are not limited to, self-hauling.   (B) This paragraph does not apply to green material collected by a city, county, or other local agency.   (2) When adopting the regulations pursuant to paragraph (1), the department may establish different timelines for different types of organic materials, different types of large-quantity commercial organics generators, and different regions of the state, but the regulations shall require these requirements to be in effect no later than January 1, 2017.  SEC. 6. 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.