California 2023-2024 Regular Session

California Senate Bill SB1175 Latest Draft

Bill / Amended Version Filed 05/13/2024

                            Amended IN  Senate  May 13, 2024 Amended IN  Senate  April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1175Introduced by Senator Ochoa Bogh(Coauthor: Senator Dahle)(Coauthor: Assembly Member Lackey)February 14, 2024 An act to add Section 42652.9 to the Public Resources Code, relating to organic waste.LEGISLATIVE COUNSEL'S DIGESTSB 1175, as amended, Ochoa Bogh. Organic waste: reduction goals: local jurisdictions: waivers.Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. The departments regulations authorize low-population and elevation waivers for a local jurisdiction jurisdiction, based on, among other things, a consideration of the jurisdictions census tracts, that exempt the jurisdiction from all or some of the departments organic waste collection requirements.This bill would require the department to revise the regulations to require the department to consider, in addition to census tracts, alternatives to those census tracts, as provided, when deciding the geographic boundaries of a low-population or elevation waiver. waiver, as specified. The bill would prohibit the department from considering those alternatives when deciding the boundaries for those waivers until it adopts the revised regulations.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42652.9 is added to the Public Resources Code, to read:42652.9. When reviewing and evaluating (a) At the time of the first revision after January 1, 2025, to the regulations adopted pursuant to Section 42652.5 for purposes that are unrelated to this section, the department shall also revise those regulations to require the department, when it reviews and evaluates a waiver application that is submitted by a local jurisdiction to the department pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, the department shall to consider, in addition to census tracts, the following alternatives to those census tracts when deciding the geographic boundaries of those waivers:(a)(1) Boundaries submitted by counties, cities, or other public agencies.(b)(2) Boundaries of incorporated cities.(c)(3) Boundaries of census-designated places.(b) The department shall not consider the alternatives to census tracts when it reviews and evaluates a waiver application, as described in subdivision (a), until it adopts revised regulations pursuant to subdivision (a).

 Amended IN  Senate  May 13, 2024 Amended IN  Senate  April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1175Introduced by Senator Ochoa Bogh(Coauthor: Senator Dahle)(Coauthor: Assembly Member Lackey)February 14, 2024 An act to add Section 42652.9 to the Public Resources Code, relating to organic waste.LEGISLATIVE COUNSEL'S DIGESTSB 1175, as amended, Ochoa Bogh. Organic waste: reduction goals: local jurisdictions: waivers.Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. The departments regulations authorize low-population and elevation waivers for a local jurisdiction jurisdiction, based on, among other things, a consideration of the jurisdictions census tracts, that exempt the jurisdiction from all or some of the departments organic waste collection requirements.This bill would require the department to revise the regulations to require the department to consider, in addition to census tracts, alternatives to those census tracts, as provided, when deciding the geographic boundaries of a low-population or elevation waiver. waiver, as specified. The bill would prohibit the department from considering those alternatives when deciding the boundaries for those waivers until it adopts the revised regulations.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  May 13, 2024 Amended IN  Senate  April 08, 2024

Amended IN  Senate  May 13, 2024
Amended IN  Senate  April 08, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 1175

Introduced by Senator Ochoa Bogh(Coauthor: Senator Dahle)(Coauthor: Assembly Member Lackey)February 14, 2024

Introduced by Senator Ochoa Bogh(Coauthor: Senator Dahle)(Coauthor: Assembly Member Lackey)
February 14, 2024

 An act to add Section 42652.9 to the Public Resources Code, relating to organic waste.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1175, as amended, Ochoa Bogh. Organic waste: reduction goals: local jurisdictions: waivers.

Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. The departments regulations authorize low-population and elevation waivers for a local jurisdiction jurisdiction, based on, among other things, a consideration of the jurisdictions census tracts, that exempt the jurisdiction from all or some of the departments organic waste collection requirements.This bill would require the department to revise the regulations to require the department to consider, in addition to census tracts, alternatives to those census tracts, as provided, when deciding the geographic boundaries of a low-population or elevation waiver. waiver, as specified. The bill would prohibit the department from considering those alternatives when deciding the boundaries for those waivers until it adopts the revised regulations.

Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.

Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. The departments regulations authorize low-population and elevation waivers for a local jurisdiction jurisdiction, based on, among other things, a consideration of the jurisdictions census tracts, that exempt the jurisdiction from all or some of the departments organic waste collection requirements.

This bill would require the department to revise the regulations to require the department to consider, in addition to census tracts, alternatives to those census tracts, as provided, when deciding the geographic boundaries of a low-population or elevation waiver. waiver, as specified. The bill would prohibit the department from considering those alternatives when deciding the boundaries for those waivers until it adopts the revised regulations.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 42652.9 is added to the Public Resources Code, to read:42652.9. When reviewing and evaluating (a) At the time of the first revision after January 1, 2025, to the regulations adopted pursuant to Section 42652.5 for purposes that are unrelated to this section, the department shall also revise those regulations to require the department, when it reviews and evaluates a waiver application that is submitted by a local jurisdiction to the department pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, the department shall to consider, in addition to census tracts, the following alternatives to those census tracts when deciding the geographic boundaries of those waivers:(a)(1) Boundaries submitted by counties, cities, or other public agencies.(b)(2) Boundaries of incorporated cities.(c)(3) Boundaries of census-designated places.(b) The department shall not consider the alternatives to census tracts when it reviews and evaluates a waiver application, as described in subdivision (a), until it adopts revised regulations pursuant to subdivision (a).

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 42652.9 is added to the Public Resources Code, to read:42652.9. When reviewing and evaluating (a) At the time of the first revision after January 1, 2025, to the regulations adopted pursuant to Section 42652.5 for purposes that are unrelated to this section, the department shall also revise those regulations to require the department, when it reviews and evaluates a waiver application that is submitted by a local jurisdiction to the department pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, the department shall to consider, in addition to census tracts, the following alternatives to those census tracts when deciding the geographic boundaries of those waivers:(a)(1) Boundaries submitted by counties, cities, or other public agencies.(b)(2) Boundaries of incorporated cities.(c)(3) Boundaries of census-designated places.(b) The department shall not consider the alternatives to census tracts when it reviews and evaluates a waiver application, as described in subdivision (a), until it adopts revised regulations pursuant to subdivision (a).

SECTION 1. Section 42652.9 is added to the Public Resources Code, to read:

### SECTION 1.

42652.9. When reviewing and evaluating (a) At the time of the first revision after January 1, 2025, to the regulations adopted pursuant to Section 42652.5 for purposes that are unrelated to this section, the department shall also revise those regulations to require the department, when it reviews and evaluates a waiver application that is submitted by a local jurisdiction to the department pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, the department shall to consider, in addition to census tracts, the following alternatives to those census tracts when deciding the geographic boundaries of those waivers:(a)(1) Boundaries submitted by counties, cities, or other public agencies.(b)(2) Boundaries of incorporated cities.(c)(3) Boundaries of census-designated places.(b) The department shall not consider the alternatives to census tracts when it reviews and evaluates a waiver application, as described in subdivision (a), until it adopts revised regulations pursuant to subdivision (a).

42652.9. When reviewing and evaluating (a) At the time of the first revision after January 1, 2025, to the regulations adopted pursuant to Section 42652.5 for purposes that are unrelated to this section, the department shall also revise those regulations to require the department, when it reviews and evaluates a waiver application that is submitted by a local jurisdiction to the department pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, the department shall to consider, in addition to census tracts, the following alternatives to those census tracts when deciding the geographic boundaries of those waivers:(a)(1) Boundaries submitted by counties, cities, or other public agencies.(b)(2) Boundaries of incorporated cities.(c)(3) Boundaries of census-designated places.(b) The department shall not consider the alternatives to census tracts when it reviews and evaluates a waiver application, as described in subdivision (a), until it adopts revised regulations pursuant to subdivision (a).

42652.9. When reviewing and evaluating (a) At the time of the first revision after January 1, 2025, to the regulations adopted pursuant to Section 42652.5 for purposes that are unrelated to this section, the department shall also revise those regulations to require the department, when it reviews and evaluates a waiver application that is submitted by a local jurisdiction to the department pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, the department shall to consider, in addition to census tracts, the following alternatives to those census tracts when deciding the geographic boundaries of those waivers:(a)(1) Boundaries submitted by counties, cities, or other public agencies.(b)(2) Boundaries of incorporated cities.(c)(3) Boundaries of census-designated places.(b) The department shall not consider the alternatives to census tracts when it reviews and evaluates a waiver application, as described in subdivision (a), until it adopts revised regulations pursuant to subdivision (a).



42652.9. When reviewing and evaluating (a) At the time of the first revision after January 1, 2025, to the regulations adopted pursuant to Section 42652.5 for purposes that are unrelated to this section, the department shall also revise those regulations to require the department, when it reviews and evaluates a waiver application that is submitted by a local jurisdiction to the department pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, the department shall to consider, in addition to census tracts, the following alternatives to those census tracts when deciding the geographic boundaries of those waivers:

(a)



(1) Boundaries submitted by counties, cities, or other public agencies.

(b)



(2) Boundaries of incorporated cities.

(c)



(3) Boundaries of census-designated places.

(b) The department shall not consider the alternatives to census tracts when it reviews and evaluates a waiver application, as described in subdivision (a), until it adopts revised regulations pursuant to subdivision (a).