California Assembly Bill AB1103 Amended / Bill

 BILL NUMBER: AB 1103AMENDED BILL TEXT AMENDED IN SENATE JULY 16, 2015 AMENDED IN ASSEMBLY MAY 19, 2015 INTRODUCED BY Assembly Member Dodd FEBRUARY 27, 2015 An act to amend Section 42649.8  of   of, and to add Sections 42649.88, 42649.89, 42649.9, 42649.91, and 42649.92 to,  the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 1103, as amended, Dodd. Solid waste: organic waste. Existing law, on and after April 1, 2016, requires a business that generates a certain amount of organic waste to arrange for recycling services specifically for organic waste, and requires each city, county, or regional agency approved by the Department of Resources Recycling and Recovery to implement an organic waste recycling program designed to divert organic waste generated by those businesses, except as specified. Existing law defines the term "organic waste" for purposes of those provisions to include food  waste and food-soiled paper  waste. This bill would  also define the terms "food-soiled paper" and "food waste" for purposes of those provisions.   require a person who transports a certain amount of food waste to be registered by the department, except as specified. The bill would require a registered transporter to maintain a record of food waste transported that contains specified documents and information, and to certify, under penalty of perjury, to the accuracy of the record. By expanding the application of the crime of perjury, the bill would impose a state-mandated local program. The bill would authorize the department to impose fees on registered transporters for vehicles used to transport food waste for the department's reasonable regulatory costs in administering these provisions regulating the diversion of food waste, as specified. The bill would require food waste transporters and facilities to report specified information to the department at least quarterly, including, among other things, the quantity of food waste tra   nsported or received, as applicable. The bill would subject a registered transporter of food waste to a civil  penalty, payable to the department, for a violation of these provisions.   The bill would require a jurisdiction or other local governmental agency to inspect vehicles that are used by transporters to transport food waste. By imposing additional duties on local governmental agencies, the bill would impose a state-mandated local program.   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 with regard to certain mandates no reimbursement is required by this act for a specified reason.   With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   (a)     The Legislature finds and declares that a statewide system of accounting for the diversion of food waste through the implementation and enforcement of statewide standards for hauling, processing, and transferring of food waste is critical to protect public health and safety, to reduce the disposal of food waste in landfills, and to improve the environment through the reduction of greenhouse gases. According to the State Air Resources Board's May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, "The strategy will consider measures to meet a goal of diverting 90   percent of organics from landfills through source reduction and organics recycling by 2025."   (b) It is the intent of the Legislature that food waste material be managed in a manner that is consistent statewide and that tracks the movement of food waste through a regulated system to significantly improve the state's ability to do both of the following:   (1) Quantify progress toward greenhouse gas reduction goals statewide.   (2) Report diversion levels for determining progress toward the state's current 75 percent recycling goal.   SECTION 1.   SEC. 2.  Section 42649.8 of the Public Resources Code is amended to read: 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.   dwelling, and including federal, state, county, and municipal entities, special districts, schools, and colleges.  (b) "Commercial waste generator" means a business subject to subdivision (a) of Section 42649.2.  (c) "Food-soiled paper" includes, but is not limited to, food soiled napkins, towels, egg cartons, pizza boxes, waxed or unwaxed cardboard or paper food and beverage containers or wrappers, paper bags, coffee filters, tea bags, and plates and cups that do not have a plastic coating.   (d)   (c)  "Food waste" means discarded putrescible solid, semisolid, and liquid food, including, but not limited to, fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, oils, and herbs, and any other putrescible matter produced from human food production and preparation activities.  Food waste includes food-soiled paper. Food waste does not include materials required to be handled pursuant to Chapter 5 (commencing with Section 19200) of Part 3 of Division 9 of the Food and Agricultural Code.   (d) "Individual self-hauler" means a self-hauler with only one transporter vehicle that transports not more than one cubic yard of food waste per week from not more than one location.  (e) "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. (f) "Organic waste generator" means a business subject to subdivision (a) of Section 42649.81. (g) "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. (h) "Rural county" means a county that has a total population of less than 70,000 persons. (i) "Self-hauler" means a business that hauls  more than one cubic yard of  its own  food  waste  or hauls food waste from more than one location,  rather than contracting for that  service   service   ,  and "self-haul" means to act as a self-hauler.  (j) "Transporter vehicle" means a vehicle that transports and delivers food waste to an approved processing facility, and that is operated by a business required to be registered pursuant to Section 42649.89.   SEC. 3.   Section 42649.88 is added to the   Public Resources Code   , to read:   42649.88. Any facility that is permitted or authorized by law to receive food waste may participate in the diversion of food waste pursuant to this chapter.   SEC. 4.   Section 42649.89 is added to the   Public Resources Code   , to read:   42649.89. (a) Except as expressly provided herein, it is unlawful for any business to transport more than one cubic yard of food waste per week or to transport food waste from more than one location without being registered by the department as a transporter of food waste. The following are exempt from the registration and related requirements of this section: (1) Licensed renderers lawfully operating pursuant to Chapter 5 (commencing with Section 19200) of Part 3 of Division 9 of the Food and Agricultural Code. (2) Transporters of agricultural byproducts destined for final disposition on land in a manner that is specifically authorized by the State Water Resources Control Board, or a Regional Water Quality Control Board, provided such final disposition does not adversely affect public health and safety or the environment. (b) The department may impose fees on registered transporters of food waste and individual self-haulers for transporter vehicles for the reasonable regulatory costs to the department to administer the provisions of this chapter regulating the diversion of food waste, not to exceed the following: (1) Except as specified in paragraph (2), three hundred dollars ($300) for each transporter vehicle. (2) One hundred dollars ($100) for the transporter vehicle of an individual self-hauler. (c) A registered transporter shall procure and maintain insurance coverage against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work of the transporter. A registered transporter shall maintain commercial liability, commercial automobile liability, workers' compensation, and pollution liability insurance policies, in an amount and type as determined by the department, which amount shall be no less than one million dollars ($1,000,000). A registered transporter lawfully operating pursuant to a franchise, contract, license, or permit issued by a local agency shall be deemed to have satisfied the requirements of this subdivision. (d) A transporter vehicle shall be inspected on a regular basis, at a frequency and in accordance with standards developed by the department, by the jurisdiction or other local governmental entity permitting the transporter's operation. The inspection shall include, but is not limited to, the vehicle's cleanliness, whether the vehicle is watertight, whether the food waste is properly contained, and whether the vehicle has been inspected pursuant to Section 34501.12 of the Vehicle Code. A transporter lawfully operating pursuant to a franchise, contract, license, or permit issued by a local agency shall be deemed to have satisfied the requirements of this subdivision. (e) A registered transporter shall comply with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste.   SEC. 5.   Section 42649.9 is added to the   Public Resources Code   , to read:   42649.9. (a) A registered transporter shall maintain a record of transported food waste to document that food waste did not remain on the premises of the generator for more than seven days, consistent with, and subject to the exceptions provided in, Section 17331 of Title 14 of the California Code of Regulations, and was handled in accordance with the provisions of this chapter, as specified in regulations to be adopted pursuant to subdivision (e). (b) The record shall include a receipt indicating the acceptance of the material at a permitted or approved facility, the quantity of the material, and the jurisdiction of origin of the food waste. The transporter shall certify, under penalty of perjury, that the record is accurate. (c) A registered transporter shall submit an electronic report to the department, at least quarterly, containing all information required to be reported pursuant to subdivision (b) of Section 42649.91. (d) A registered transporter shall maintain all records required pursuant to this section for a minimum of three years. (e) The department may adopt regulations requiring practices and procedures that are reasonable and necessary to provide an accounting of food waste transported, handled, processed, or disposed. The regulations shall not impose an unreasonable burden on the transporting, safe handling, processing, and disposal of food waste.   SEC. 6.   Section 42649.91 is added to the   Public Resources Code   , to read:   42649.91. (a) The department shall compile a list of permitted and approved facilities authorized to accept food waste and shall also notify facilities and registered transporters of the requirements relating to transportation of food waste by posting the information on the department's Internet Web site. (b) The department shall require a registered transporter or facility that transports or receives food waste, as applicable, to report information to the department at least quarterly concerning the transportation and receipt of food waste, including all of the following: (1) The name of the transporter or facility. (2) The jurisdiction of origin of the food waste. (3) The quantity of the food waste transported or received in weight or volume. (4) The date and time the food waste was transported or received. (5) The license plate number of the vehicle used for transportation. (6) Any other information required by the department.   SEC. 7.   Section 42649.92 is added to the   Public Resources Code   , to read:   42649.92. Any person who refuses or fails to submit information required by regulations adopted pursuant to Sections 42649.88 to 42649.91, inclusive, is liable to the department for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.   SEC. 8.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.