Version:

(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, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. Those entities are required to divert 50% of all solid waste through source reduction, recycling, and composting.

This bill would require the California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the Secretary for Environmental Protection and the Secretary of Food and Agriculture to ensure proper coordination of agency regulations and goals to implement these requirements and would require the agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board, to perform other specified functions. The bill would repeal these provisions on January 1, 2021.

(2)Existing law requires the Department of Resources Recycling and Recovery to adopt regulations relating to waste management, including standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, and for solid waste handling, transfer, composting, transformation, and disposal. Existing law prohibits the solid waste handling, transfer, composting, transformation, and disposal standards from including any requirement that is under the authority of the State Air Resources Board for the prevention of air pollution or the State Water Resources Control Board for the prevention of water pollution and prohibits the solid waste facilities standards from including aspects of solid waste handling and disposal that are within the jurisdiction of the State Air Resources Board, air pollution control districts, and air quality management districts, or the State Water Resources Control Board or a regional water district.

Existing law prohibits a person from discharging a quantity of air contaminants or other material that causes injury, detriment, nuisance, or annoyance to the public, or that endangers the comfort, repose, health, or safety of the public, or that causes injury or damage to business or property, except as provided.

Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee.

This bill would require, until January 1, 2021, the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.

This bill would require the California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the agency to convene an Organic Waste Recycling Group, consisting of representatives of the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, Secretary for Environmental Protection and the Secretary of Food and Agriculture to ensure proper coordination of agency regulations and goals to implement these requirements, and requirements and would require the agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board, to perform other specified functions. The bill would repeal these provisions on January 1, 2021.

This bill would require require, until January 1, 2021, the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.

This bill would require the California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the agency to convene an Organic Waste Recycling Group, consisting of representatives of the department, the State Water Resources Control Board, and the State Air Resources Board Board, and the Department of Food and Agriculture, to ensure proper coordination of agency regulations and goals to implement these requirements. requirements, and to perform other specified functions.

This bill would require the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.

This bill would require the California Environmental Protection Agency, in coordination with the department, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the agency to convene the department, the State Water Resources Control Board, and the State Air Resources Board to ensure proper coordination of agency regulations and goals to implement these requirements.

This bill would require the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of streamlined coordinated permitting and regulation of composting facilities while protecting air and water quality. the environment.

This bill would require the California Environmental Protection Agency, in coordination with the department, to develop and implement policies to aid in diverting 50% of organic waste from landfills by 2020 by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would authorize require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the agency to convene the department, the State Water Resources Control Board, and the State Air Resources Board to ensure proper coordination of agency regulations and goals to implement these requirements.

This bill would require the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of streamlined permitting and regulation of composting facilities while protecting air and water quality.

This bill would require the California Environmental Protection Agency, in coordination with the department, to develop and implement policies to aid in diverting 50% of organic waste from landfills by 2020 by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would authorize the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the agency to convene the department, the State Water Resources Control Board, and the State Air Resources Board to ensure proper coordination of agency regulations and goals to implement these requirements.

Existing

This bill would require the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of streamlined permitting and regulation of composting facilities while protecting air and water quality.

Existing law requires the Department of Resources Recycling and Recovery to adopt regulations relating to waste management, including standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, and for solid waste handling, transfer, composting, transformation, and disposal. Existing law prohibits the solid waste handling, transfer, composting, transformation, and disposal standards from including any requirement that is under the authority of the State Air Resources Board for the prevention of air pollution or the State Water Resources Control Board for the prevention of water pollution and prohibits the solid waste facilities standards from including aspects of solid waste handling and disposal that are within the jurisdiction of the State Air Resources Board, air pollution control districts, and air quality management districts, or the State Water Resources Control board or a regional water district.

This bill would require the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of streamlined permitting and regulation of composting facilities while protecting air and water quality.

Version:

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 and local agencies shall promote composting.

(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 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 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 soil-carbon sequestration and 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 departments predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020.

(h)In 2014, the state required organic waste generators that produce four cubic yards or more of organic waste a week to arrange to recycle this material (Chapter 12.9 (commencing with Section 42649.8) of the Public Resources Code).

(i)To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of compost, while continuing to protect air and water quality.

SEC. 2.Section 42649.87 is added to the Public Resources Code, to read:42649.87.

(a)The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state.

(b)In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal.

(c)The California Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following:

(1)Assess the states progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Boards May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agricultures Healthy Soils Initiative.

(2)Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the states organic waste processing and recycling infrastructure.

(3)Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment.

(4)Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agencys Internet Web site no later than January 1, 2017, and updated annually thereafter.

(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

SEC. 3.Section 43032 is added to the Public Resources Code, to read:43032.

(a)The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.

(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(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 organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia.

(g)In 2007, the departments predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020.

SEC. 2.Section 42649.87 is added to the Public Resources Code, to read:42649.87.

(3)Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment.

SEC. 3.Section 43032 is added to the Public Resources Code, to read:43032.

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(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 organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia.

(g)In 2007, the departments predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020.

(i)To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of diverting organic waste from landfills and into compost facilities, compost, while continuing to protect air and water quality.

SEC. 2.Section 42649.87 is added to the Public Resources Code, to read:42649.87.

(c)The California Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall convene an Organic Waste Recycling Group consisting of representatives of the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture to ensure proper coordination of agency regulations and goals to implement this section. The Organic Waste Recycling Group California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following:

(3)Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment.

SEC. 3.Section 43032 is added to the Public Resources Code, to read:43032.

The (a)The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(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 organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia.

(g)In 2007, the departments predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020.

(i)To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of diverting organic waste from landfills and into compost facilities, while continuing to protect air and water quality.

SEC. 2.Section 42649.87 is added to the Public Resources Code, to read:42649.87.

(b)In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal.

(c)The California Environmental Protection Agency shall convene an Organic Waste Recycling Group consisting of representatives of the department, the State Water Resources Control Board, and the State Air Resources Board Board, and the Department of Food and Agriculture to ensure proper coordination of agency regulations and goals to implement this section. The Organic Waste Recycling Group shall do all of the following:

(1)Assess the states progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), the State Air Resources Boards May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agricultures Healthy Soils Initiative.

(3)Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment.

SEC. 3.Section 43032 is added to the Public Resources Code, to read:43032.

The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(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 organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia.

(g)In 2007, the departments predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020.

(i)To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of diverting organic waste from landfills and into compost facilities, while continuing to protect air and water quality.

SEC. 2.Section 42649.87 is added to the Public Resources Code, to read:42649.87.

(a)The California Environmental Protection Agency, in coordination with the department, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state.

(b)In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which includes, but is include but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal.

(c)The California Environmental Protection Agency shall convene the department, the State Water Resources Control Board, and the State Air Resources Board to ensure proper coordination of agency regulations and goals to implement this section.

SEC. 3.Section 43032 is added to the Public Resources Code, to read:43032.

The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of streamlined coordinated permitting and regulation of composting facilities while protecting air and water quality. the environment.

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(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 organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia.

(g)In 2007, the departments predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020.

(i)To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of diverting organic waste from landfills and into compost facilities, while continuing to protect air and water quality.

SEC. 2.Section 42649.87 is added to the Public Resources Code, to read:42649.87.

(a)The California Environmental Protection Agency, in coordination with the department, shall develop and implement policies to aid in diverting 50 percent of organic waste from landfills by 2020 by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state.

(b)In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which includes, but is not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency may shall work with the Department of Food and Agriculture to achieve this goal.

SEC. 3.Section 43032 is added to the Public Resources Code, to read:43032.

The Department of Resources Recycling and Recovery department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of streamlined permitting and regulation of composting facilities while protecting air and water quality.

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares all of the following:

(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 organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia.

(g)In 2007, the departments predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020.

(i)To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of diverting organic waste from landfills and into compost facilities, while continuing to protect air and water quality.

SEC. 2.Section 42649.87 is added to the Public Resources Code, to read:42649.87.

(b)In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which includes, but is not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency may work with the Department of Food and Agriculture to achieve this goal.

SECTION 1.SEC. 3.Section 43032 is added to the Public Resources Code, to read:43032.

The Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of streamlined permitting and regulation of composting facilities while protecting air and water quality.

Date	Status
Jul 13, 2015	In committee: Set, first hearing. Hearing canceled at the request of author.
Oct 8, 2015	Chaptered by Secretary of State - Chapter 596, Statutes of 2015.
Oct 8, 2015	Approved by the Governor.
Sep 18, 2015	Enrolled and presented to the Governor at 4 p.m.
Sep 10, 2015	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 9.).
Sep 10, 2015	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 9. Page 3065.).
Sep 10, 2015	Senate amendments concurred in. To Engrossing and Enrolling.
Sep 9, 2015	Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 12. Page 2643.).
Sep 9, 2015	Read third time. Passed. Ordered to the Assembly.
Sep 9, 2015	In Assembly. Concurrence in Senate amendments pending.
Sep 8, 2015	Read second time. Ordered to third reading.
Sep 4, 2015	Read third time and amended. Ordered to second reading.
Aug 31, 2015	Read second time. Ordered to third reading.
Aug 27, 2015	From committee: Do pass. (Ayes 5. Noes 1.) (August 27).
Aug 17, 2015	In committee: Referred to APPR. suspense file.
Aug 17, 2015	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Feb 26, 2015	Read first time. To print.
Jul 2, 2015	Read second time and amended. Re-referred to Com. on APPR.
Jul 1, 2015	From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 1).
Jun 11, 2015	Referred to Com. on E.Q.
May 28, 2015	Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 2.)
May 28, 2015	Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 2. Page 1620.)
May 28, 2015	In Senate. Read first time. To Com. on RLS. for assignment.
Apr 30, 2015	Read second time. Ordered to third reading.
Apr 29, 2015	From committee: Do pass. (Ayes 12. Noes 0.) (April 29).
Apr 21, 2015	Re-referred to Com. on APPR.
Apr 20, 2015	Read second time and amended.
Apr 16, 2015	From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 13).
Apr 6, 2015	Re-referred to Com. on NAT. RES.
Mar 26, 2015	From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
Mar 19, 2015	Referred to Com. on NAT. RES.
Feb 27, 2015	From printer. May be heard in committee March 29.

Date	Description	Location	Votes
Sep 10, 2015	AB 1045 IRWIN Concurrence in Senate Amendments	Assembly Floor	64 9 7 Passed
Sep 9, 2015	Assembly 3rd Reading AB1045 Irwin By Wolk	Senate Floor	28 12 0 Passed
Aug 27, 2015	Do pass	Senate Standing Committee on Appropriations	5 1 1 Passed
Aug 17, 2015	Placed on suspense file	Senate Standing Committee on Appropriations	7 0 0 Passed
Jul 1, 2015	Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]	Senate Standing Committee on Environmental Quality	5 0 2 Passed
May 28, 2015	AB 1045 IRWIN Assembly Third Reading	Assembly Floor	62 2 16 Passed
Apr 29, 2015	Do pass.	Assembly Standing Committee on Appropriations	12 0 5 Passed
Apr 13, 2015	Do pass as amended and be re-referred to the Committee on [Appropriations]	Assembly Standing Committee on Natural Resources	6 0 3 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
Almond Hullers & Processors Association	* Support	Apr 13, 2015
American Federation Of State, County And Municipal Employees, Afl-Cio	** Support	Sep 9, 2015
California Compost Coalition	** Support	Sep 9, 2015
California Grain & Feed Association	* Support	Apr 13, 2015
California League Of Conservation Voters	** Support	Sep 9, 2015
California Organics Recycling Council	** Support	Sep 9, 2015
Californians Against Waste	** Support	Sep 9, 2015
Carbon Cycle Institute	** Support	Sep 9, 2015
Community Alliance With Family Farmers	** Support	Sep 9, 2015
County of Ventura	** Support	Sep 9, 2015
Humboldt Waste Management Authority	** Support	Sep 9, 2015
Jon Wick, Cofounder of Marin Carbon Project	* Indeterminate	Apr 29, 2015
Los Angeles County Waste Management Association	* Support	Apr 13, 2015
One individual	** Support	Sep 9, 2015
Planning And Conservation League	** Support	Sep 9, 2015
Republic Services	** Support	Sep 9, 2015
Rural County Representatives of California	** Support	Sep 9, 2015
San Francisco County	* Support	Apr 13, 2015
San Francisco Department of the Environment	** Support	Sep 9, 2015
Stop Waste	** Support	Sep 9, 2015
The Ocean Conservancy	* Support	Apr 13, 2015
Thousand Oaks, City Of	** Support	Sep 9, 2015
Waste Management	** Support	Sep 9, 2015
West Marin Compost Coalition	** Support	Sep 9, 2015

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

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AB 1045

Page 3

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1045

Author:(Irwin)

As Amended Ver:September 4, 2015

Majority vote

ASSEMBLY:

62-2

(May 28, 2015)

SENATE:

28-12

(September 9, 2015)

Original Committee Reference: NAT. RES.

SUMMARY: Requires the California Environmental Protection Agency (CalEPA) to establish policies to encourage recycling of organic waste and coordinate the oversight and regulation of organic waste recycling facilities.

The Senate amendments:

Require that CalEPA coordinate with the State Water Resources Control Board (SWRCB), the Air Resources Board (ARB), and the Department of Food and Agriculture (CDFA).
Create, and subsequently delete, an Organic Waste Recycling Group, comprised of specified members, to implement this bill.
Require CalEPA, SWRCB, ARB, and CDFA to:
1. Assess the state's progress toward developing the organic waste processing and recycling infrastructure necessary to meet specified state laws;
2. Meet at least quarterly and consult with interested stakeholders;
3. Hold at least one public workshop annually;
4. Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on CalEPA's website by January 1, 2017; and,
5. Sunset this requirement on January 1, 2021.
Make related technical and clarifying changes.

EXISTING LAW pursuant to the Integrated Waste Management Act of 1989:

Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
Establishes a statewide diversion goal of 75% by 2020.
Requires a commercial waste generator, including multi-family dwellings, to arrange for recycling services and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses.
Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.

FISCAL EFFECT: According to the Senate Appropriations Committee:

Cost pressures up to $130,000 annually from the Integrated Waste Management Fund (special fund) for CalRecycle to promote the creation and use of compost, participate in the working group, and to coordinate with the SWRCB and ARB on permitting.
Cost pressures up to $175,000 annually (special) for the ARB to participate in the working group and to develop coordinated permitting and regulation of composting facilities.
Minor and absorbable costs to CDFA and the SWRCB to coordinate with CalEPA and CalRecycle.

COMMENTS: According to the author, this bill "establishes a statewide policy to promote the development and deployment of compost… AB 1045 identifies the need for the state to look at compost as a valuable resource, one that helps agriculture and the rural economy, and also reduces GHG emissions and helps our state meet its waste diversion goals."

CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Organic materials make up one-third of the waste stream and food continues to be the highest single item disposed at over 15% of materials landfilled. CalRecycle is also charged with implementing its Strategic Directive 6.1, which calls for reducing organic waste disposal by 50% by 2020. According to CalRecycle, significant gains in organic waste diversion are necessary to meet the 75% goal and implementing Strategic Directive 6.1. Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch.

Compost and other soil amendments that can be produced from organic materials have been shown to improve soil health by incorporating organic matter, beneficial micro-organisms, and nutrients and reduce the need for chemical pesticides and fertilizers. These products also conserve water by allowing water to penetrate the soil more quickly and decreasing runoff.

According to ARB, a total reduction of 80 million metric tons (MMT), or 16% compared to business as usual, is necessary to reduce statewide GHG emissions to 1990 levels by 2020. ARB intends to achieve approximately 78% of the reductions through direct regulations. ARB proposes to achieve the balance of reductions necessary to meet the 2020 limit (approximately 18 MMT) through its cap-and-trade program.

Recycling organic waste provides significant GHG reductions over landfilling. Composting and other organics processing technologies, including anaerobic digestion, reduce GHGs by avoiding the emissions that would be generated by the material's decomposition in a landfill. Landfill gas is generated by the decomposition of organic materials such as food, paper, wood, and yard waste. Fifty percent of landfill gas is methane, a GHG that is 34 times more efficient at trapping heat than carbon dioxide (CO2). While most modern landfills have systems in place to capture methane, significant amounts continue to escape into the atmosphere. According to ARB's GHG inventory, approximately seven million tons of CO2 equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of CO2 equivalent by 2020.

Three of CalEPA's entities are involved in regulating compost facilities. ARB and local air districts oversee air emissions. For example, the South Coast Air Quality Management District requires that all new compost facilities located within its jurisdiction to be fully enclosed and meet specified requirements for emissions for any vented emissions. SWRCB and regional water quality control boards regulate wastewater discharges and recently adopted general waste discharge requirements for composting operations that include, among other requirements, no storm water runoff from the site. CalRecycle requires that compost facilities are permitted and regulates general facility operations. Additionally, CDFA annually inspects compost facilities selling to organic food producers for adherence to National Organic Program regulations and regulates the use of soil amendments.

While all of these entities are acting appropriately within their jurisdiction, there is little coordination between them to ensure that the requirements are consistent with the overall waste reduction and GHG emissions reduction goals of the state. This bill would require CalEPA to ensure coordination among the relevant boards and departments.

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0002276

SENATE RULES COMMITTEE - SENATE FLOOR ANALYSIS @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 14pt; font-family: "Times New Roman", serif } p.cjk { font-size: 14pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; page-break-inside: avoid; orphans: 2; background: transparent; page-break-after: avoid } h1.western { font-size: 12pt; font-family: "Times New Roman", serif } h1.cjk { font-size: 12pt; font-family: "Times New Roman", serif } h1.ctl { font-weight: bold; font-size: 14pt; font-family: "Times New Roman", serif; so-language: ar-SA } a:link { color: #0000ff; text-decoration: underline } a.western:link { font-weight: bold } a.cjk:link { font-weight: bold }

AB 1045

Page 6

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 1045

THIRD READING

Bill No: AB 1045

Author: Irwin (D), et al.

Amended: 9/4/15 in Senate

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 7/1/15

AYES: Wieckowski, Hill, Jackson, Leno, Pavley

NO VOTE RECORDED: Gaines, Bates

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Nielsen

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 62-2, 5/28/15 - See last page for vote

SUBJECT: Organic waste: composting

SOURCE: Author

DIGEST: This bill requires the California Environmental Protection Agency (CalEPA) to promote the use of agricultural, forestry, and urban organic waste as a feedstock for compost and to promote the use of that feedstock. This bill would also direct the Department of Resources Recycling and Recovery (CalRecycle) to coordinate with the State Air Resources Board (ARB) and the State Water Resources Control Board (SWRCB) to coordinate permitting and regulation of composting facilities.

Senate Floor Amendments of 9/4/15 address potential Bagley-Keene meeting issues by deleting the formal establishment of the Organic Waste Recycling Group, and add a sunset date of January 1, 2021.

ANALYSIS: Existing law, pursuant to the Integrated Waste Management Act of 1989 (Public Resources Code §40000 et seq.):

Establishes a statewide diversion goal of 75% by 2020.
Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
Requires a commercial waste generator, including multi-family dwellings, to arrange for recycling services and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses.
Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.

Existing law requires the ARB, under the California Global Warming Solutions Act of 2006 (commonly referred to as AB 32), to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020, and to adopt GHG emissions reductions measures by regulation. The ARB is authorized to include the use of market-based mechanisms to comply with these regulations. (Health and Safety Code §38500 et seq.).

This bill:

States legislative findings and declarations regarding the state’s recycling and composting policies and the environmental and agricultural benefits of compost development and application.

Requires CalEPA, in coordination with CalRecycle, SWRCB, ARB, and the Department of Food and Agriculture (CDFA), to develop and implement policies to aid in diverting organic waste from landfills.

Requires CalEPA, in developing these policies to promote a goal of five million metric tons of GHG emissions reductions.

Requires CalEPA and various state agencies to coordinate efforts, regulations, and goals related to organic waste processing and recycling.

Sunsets the provisions of this bill on January 1, 2021.

Background

Statewide waste diversion goals. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Currently, an estimated 35 million tons of waste are disposed of in California’s landfills annually, of which 32% is compostable organic materials, 29% is construction and demolition debris, and 17% is paper.

In addition, CalRecycle is charged with implementing Strategic Directive 6.1, which calls for reducing organic waste disposal by 50% by 2020. According to CalRecycle, significant gains in organic waste diversion (through recycling technologies or organic waste, including composting and anaerobic digestion) are necessary to meet the 75% goal and to implement Strategic Directive 6.1.

Recycling organic waste. For purposes of recycling, “organic waste” is defined as food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. Organic material, like food waste and yard waste, represents about one-third of the solid waste sent to landfills even though a large percentage can be recycled or composted.

Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch. Anaerobic digestion, which produces biogas that can be processed into biomethane fuel, is particularly suited to handle food waste. Green waste is more efficiently processed through composting.
What is compost? According to CalRecycle, compost is the controlled decomposition of organic material such as leaves, twigs, grass clippings and food scraps. A wide range of materials may be composted, but they must consist of principally organic components (i.e. carbon-containing remnants or residues of life processes). Compost products may vary since the properties of any given compost depend on the nature of the original feedstock and the conditions under which it was decomposed. However, mature compost is normally dark brown in color and should have an even texture and an earthy aroma.

Composting is a means of controlling and accelerating the decomposition process. An overabundance of soil organisms is responsible for transforming the organic matter in compost into carbon dioxide, water, humic substances (components of soil that affect physical and chemical properties and improve soil fertility) and energy in the form of heat. Most composting facilities use a thermophilic process, which breaks down the waste with heat-loving bacteria, and rely on high temperatures to meet pathogen reduction standards.

Composting diverts organic materials out of landfills and turns it into a product that is useful for soil restoration. In addition to improving the quality of soil, compost prevents soil erosion, reduces the need for chemical fertilizers, herbicides, and pesticides, and enables better soil water retention.
Composting in California. According to CalRecycle, there are 181 composting facilities in the state. However, some of these facilities may not be involved in waste diversion (e.g. agricultural residuals, manure, and other material not destined for disposal). CalRecycle estimates that the top 30 compost facilities that take organics out of the waste stream handle approximately 80% of the material.

Comments

Purpose of Bill. According to the author, “AB 1045 establishes a statewide policy to promote the use of compost by requiring state entities to work together to establish a coordinated effort for the development and deployment of compost in order to achieve multiple state goals.”
Coordinating efforts. Multiple state agencies are involved with regulating composting. CalRecycle permits compostable material handling operations and facilities. The ARB is the state agency charged with monitoring and regulating sources of emissions of GHGs that cause global warming in order to reduce emissions of GHGs. The CDFA annually inspects compost facilities selling to organic food producers for adherence to National Organic Program regulations. The SWRCB and the regional water quality control boards issue individual waste discharge requirements for larger composting facilities. This bill proposes to provide for improved state agency coordination of organic waste recycling efforts and development.

Related/Prior Legislation

AB 876 (McCarty, 2015) requires a county or regional agency to include in its annual report to CalRecycle specified information regarding organic waste recycling. AB 876 has been enrolled.

AB 1826 (Chesbro, Chapter 727, Statutes of 2014) phased in requirements for generators of specified amounts of organic waste to arrange recycling services for that material beginning January 1, 2016, through January 1, 2019.

AB 341 (Chesbro, Chapter 476, Statutes of 2011) required local businesses and multifamily residential dwellings of five or more units that generate more than four cubic yards of solid waste per week to separate recyclable materials from solid waste and subscribe to a basic level of recycling service that included collection, self-hauling, or other arrangements for the pickup of the recyclable materials or subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

Cost pressures up to $130,000 annually from the Integrated Waste Management Fund (special fund) for CalRecycle to promote the creation and use of compost, participate in the working group, and to coordinate with the SWRCB and the ARB on permitting.

Cost pressures up to $175,000 annually (special) for the ARB to participate in the working group and to develop coordinated permitting and regulation of composting facilities.

Minor and absorbable costs to the CDFA and the SWRCB to coordinate with CalEPA and CalRecycle.

SUPPORT: (Verified 9/4/15)

American Federation of State, County and Municipal Employees, AFL-CIO

California Compost Coalition

California League of Conservation Voters

California Organics Recycling Council

Californians Against Waste

Carbon Cycle Institute

City and County of San Francisco Department of the Environment

City of Thousand Oaks

Community Alliance with Family Farmers

County of Ventura

Humboldt Waste Management Authority

Planning and Conservation League

Republic Services, Inc.

Rural County Representatives of California

San Francisco Department of the Environment

Stop Waste

Waste Management

West Marin Compost Coalition

One individual

OPPOSITION: (Verified 9/4/15)

None received

ASSEMBLY FLOOR: 62-2, 5/28/15

AYES: Achadjian, Alejo, Baker, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins

NOES: Travis Allen, Harper

NO VOTE RECORDED: Bigelow, Bloom, Brough, Chang, Dahle, Beth Gaines, Grove, Jones, Kim, Mathis, Mayes, Melendez, Obernolte, Patterson, Wagner, Waldron

Prepared by: Joanne Roy / E.Q. / (916) 651-4108

9/8/15 14:55:32

**** END ****

AB 1045

Page 6

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 1045

THIRD READING

Bill No: AB 1045

Author: Irwin (D), et al.

Amended: 8/17/15 in Senate

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 7/1/15

AYES: Wieckowski, Hill, Jackson, Leno, Pavley

NO VOTE RECORDED: Gaines, Bates

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Nielsen

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 62-2, 5/28/15 - See last page for vote

SUBJECT: Organic waste: composting

SOURCE: Author

ANALYSIS: Existing law, pursuant to the Integrated Waste Management Act of 1989 (Public Resources Code §40000 et seq.):

Establishes a statewide diversion goal of 75% by 2020.
Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
Requires a commercial waste generator, including multi-family dwellings, to arrange for recycling services and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses.
Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.

This bill:

States legislative findings and declarations regarding the state’s recycling and composting policies and the environmental and agricultural benefits of compost development and application.

Requires CalEPA, in coordination with CalRecycle, SWRCB, ARB, and the Department of Food and Agriculture (CDFA), to develop and implement policies to aid in diverting organic waste from landfills.

Requires CalEPA, in developing these policies to promote a goal of five million metric tons of GHG emissions reductions.

Requires CalEPA to convene an Organic Waste Recycling Group, consisting of various state agencies, to ensure coordination of agency regulations and goals.

Background

Statewide waste diversion goals. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Currently, an estimated 35 million tons of waste are disposed of in California’s landfills annually, of which 32% is compostable organic materials, 29% is construction and demolition debris, and 17% is paper.

Recycling organic waste. For purposes of recycling, “organic waste” is defined as food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. Organic material, like food waste and yard waste, represents about one-third of the solid waste sent to landfills even though a large percentage can be recycled or composted.

Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch. Anaerobic digestion, which produces biogas that can be processed into biomethane fuel, is particularly suited to handle food waste. Green waste is more efficiently processed through composting.
What is compost? According to CalRecycle, compost is the controlled decomposition of organic material such as leaves, twigs, grass clippings and food scraps. A wide range of materials may be composted, but they must consist of principally organic components (i.e. carbon-containing remnants or residues of life processes). Compost products may vary since the properties of any given compost depend on the nature of the original feedstock and the conditions under which it was decomposed. However, mature compost is normally dark brown in color and should have an even texture and an earthy aroma.

Composting is a means of controlling and accelerating the decomposition process. An overabundance of soil organisms is responsible for transforming the organic matter in compost into carbon dioxide, water, humic substances (components of soil that affect physical and chemical properties and improve soil fertility) and energy in the form of heat. Most composting facilities use a thermophilic process, which breaks down the waste with heat-loving bacteria, and rely on high temperatures to meet pathogen reduction standards.

Composting diverts organic materials out of landfills and turns it into a product that is useful for soil restoration. In addition to improving the quality of soil, compost prevents soil erosion, reduces the need for chemical fertilizers, herbicides, and pesticides, and enables better soil water retention.
Composting in California. According to CalRecycle, there are 181 composting facilities in the state. However, some of these facilities may not be involved in waste diversion (e.g. agricultural residuals, manure, and other material not destined for disposal). CalRecycle estimates that the top 30 compost facilities that take organics out of the waste stream handle approximately 80% of the material.

Comments

Purpose of Bill. According to the author, “AB 1045 establishes a statewide policy to promote the use of compost by requiring state entities to work together to establish a coordinated effort for the development and deployment of compost in order to achieve multiple state goals.”
Coordinating efforts. Multiple state agencies are involved with regulating composting. CalRecycle permits compostable material handling operations and facilities. The ARB is the state agency charged with monitoring and regulating sources of emissions of GHGs that cause global warming in order to reduce emissions of GHGs. The CDFA annually inspects compost facilities selling to organic food producers for adherence to National Organic Program regulations. The SWRCB and the regional water quality control boards issue individual waste discharge requirements for larger composting facilities. This bill proposes to provide for improved state agency coordination of organic waste recycling efforts and development.

Related/Prior Legislation

AB 876 (McCarty) requires a county or regional agency to include in its annual report to CalRecycle specified information regarding organic waste recycling. AB 876 has been enrolled.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

Cost pressures up to $130,000 annually from the Integrated Waste Management Fund (special fund) for CalRecycle to promote the creation and use of compost, participate in the working group, and to coordinate with the SWRCB and the ARB on permitting.

Cost pressures up to $175,000 annually (special) for the ARB to participate in the working group and to develop coordinated permitting and regulation of composting facilities.

Minor and absorbable costs to the CDFA and the SWRCB to coordinate with CalEPA and CalRecycle.

SUPPORT: (Verified 8/27/15)

American Federation of State, County and Municipal Employees, AFL-CIO

California Compost Coalition

California League of Conservation Voters

California Organics Recycling Council

Californians Against Waste

Carbon Cycle Institute

City and County of San Francisco Department of the Environment

City of Thousand Oaks

Community Alliance with Family Farmers

County of Ventura

Humboldt Waste Management Authority

Planning and Conservation League

Republic Services, Inc.

Rural County Representatives of California

San Francisco Department of the Environment

Stop Waste

Waste Management

West Marin Compost Coalition

One individual

OPPOSITION: (Verified 8/27/15)

None received

ASSEMBLY FLOOR: 62-2, 5/28/15

NOES: Travis Allen, Harper

NO VOTE RECORDED: Bigelow, Bloom, Brough, Chang, Dahle, Beth Gaines, Grove, Jones, Kim, Mathis, Mayes, Melendez, Obernolte, Patterson, Wagner, Waldron

Prepared by: Joanne Roy / E.Q. / (916) 651-4108

8/31/15 9:06:00

**** END ****

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AB 1045 (Irwin) Page 2 of 2

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1045 (Irwin) - Organic waste: composting.


Version: August 17, 2015	Policy Vote: E.Q. 5 - 0
Urgency: No	Mandate: No
Hearing Date: August 17, 2015	Consultant: Marie Liu

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1045 would require the California Environmental Protection Agency (CalEPA) to promote the use of agricultural, forestry, and urban organic waste as a feedstock for compost and to promote the use of that feedstock. This bill would also direct the Department of Resources Recycling and Recover (CalRecycle) to coordinate with the State Air Resources Board (ARB) and the State Water Resources Control Board (SWRCB) to coordinate permitting and regulation of composting facilities.

Fiscal Impact:

Cost pressures up to $130,000 annually from the Integrated Waste Management Fund (special fund) for CalRecycle to promote the creation and use of compost, participate in the working group, and to coordinate with the SWRCB and ARB on permitting.
Cost pressures up to $175,000 annually (special) for the ARB to participate in the working group and to develop coordinated permitting and regulation of composting facilities.
Minor and absorbable costs to CDFA and the SWRCB to coordinate with CalEPA and CalRecycle.

Background:

The California Integrated Waste Management Act (PRC §40000 et seq.) requires that each local jurisdiction divert at least 50% of solid waste generated from landfill disposal through source reduction, recycling, and composting. It is the state goal to increase the diversion rate to 75% by 2020. The act also requires generators of specified amounts of organic waste to arrange for recycling services for that material.

The California Global Warming Solutions Act of 2006 (referred to as AB 32, HSC §38500 et seq.) requires the California Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level, to approve a statewide GHG emissions limit equivalent to that level that will be achieved by 2020, and to adopt GHG emissions reductions measures by regulation.

Existing law also requires the ARB to develop a comprehensive strategy to reduce emissions of short-lived climate pollutants (SLCPs) in the state. SLCPs are defined in HSC §39730 as an agent that has a relatively short lifetime in the atmosphere, from a few days to a few decades, and a warming influence on the climate that is more potent than carbon dioxide. Examples of SLCPs listed on ARB’s webpage include black carbon, methane, and fluorinated gases. One of the sources of methane is the decomposition of organic materials in anaerobic conditions, such as landfills. Thus, increased diversions of organic materials from landfills can result reduced methane emissions.

Proposed Law:

This bill would require CalEPA to coordinate with CalRecycle, the SWRCB, ARB, and CDFA, to develop and implement policies to promote the use of agricultural, forestry, and urban organic waste as a feedstock for compost and the appropriate use of that compost for the purposes of aiding in the diversion of organics from landfills. This policy would be required to have a goal of reducing at least five metric tons of greenhouse gas (GHG) emissions annually through the development and application of compost on working lands.

This bill would also require CalEPA to convene the Organic Waste Recycling Group consisting of CalRecycle, SWRCB, ARB, and CDFA for the purpose of coordinating agency regulations and increasing the development and application of compost on working lands.

This bill directs CalRecycle, in coordinate with the ARB and the SWRCB, to develop a policy that promotes the development of coordinating permitting and regulation of composting facilities while protecting the environment.

Staff Comments:

CalEPA activities required under this bill are consistent with SB 1826 (Chesbro) Chapter 727, Statutes of 2014 which requires generators of specific amounts of organic waste to phase in recycling services. As such, CalEPA anticipates that the costs associated with implementing this bill are minor and absorbable.

CalRecycle notes that it currently works with both the SWRCB and the ARB on composting policies. However, CalRecycle believes the passage of this bill may result in pressures to increase its efforts. As such, CalRecycle may have cost pressures of up to $130,000 annually for an additional position.

ARB similarly notes anticipated costs of $175,000 annually for additional workload, particularly in regards to the provision that would require the ARB to coordinate with CalRecycle to develop a policy that promotes the development of coordinated permitting. ARB anticipates that this effort will involve the need for ARB to develop methods to quantify the reduction of methane and criterial pollutant emissions resulting from organic waste recycling and processing strategies. ARB also assumes it would need to work closely with local air districts on permitting issues associated with compost operations. Staff notes that the bill only requires the development of a policy that promotes the development of coordinated permitting, not the development of the combined permit itself. As such, ARB’s costs can be viewed as cost pressures.

-- END --

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AB 1045 (Irwin) Page 6 of 6

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2015 - 2016 Regular

Bill No: AB 1045

Author:	Irwin
Version:	4/20/2015	Hearing Date:	7/1/2015
Urgency:	No	Fiscal:	Yes
Consultant:	Joanne Roy

SUBJECT: Organic waste: composting.

ANALYSIS:

Existing law:

Requires pursuant to the Integrated Waste Management Act of 1989 (Act) (Public Resources Code §40000 et seq.):
1. Establishes a statewide diversion goal of 75% by 2020.
2. Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
3. Requires a commercial waste generator, including multi-family dwellings, to arrange for recycling services and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses.
4. Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.
Under the California Global Warming Solutions Act of 2006 (commonly referred to as AB 32), requires the Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020, and to adopt GHG emissions reductions measures by regulation. ARB is authorized to include the use of market-based mechanisms to comply with these regulations. (Health and Safety Code §38500 et seq.).

This bill:

States legislative findings and declarations regarding the state’s recycling and composting policies and the environmental and agricultural benefits of compost development and application.

Requires the California Environmental Protection Agency (CalEPA), in coordination with the Department of Resources Recycling and Recovery (CalRecycle) to develop and implement policies to aid in diverting organic waste from landfills by promoting composting, as specified.

Requires CalEPA, in developing these policies, to work with the California Department of Food and Agriculture (CDFA) to promote a goal of 5 million metric tons of greenhouse gas (GHG) emissions reductions through development and application of compost on working lands.

Requires CalEPA to convene CalRecycle, the State Water Resources Control Board (SWRCB), and the Air Resource Board (ARB) to ensure coordination of goals and policies.

Requires CalRecycle, in coordination with the ARB and SWRCB, to develop a policy to promote streamlined permitting and regulation of composting facilities while protecting air and water quality.

Background

Statewide waste diversion goals. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Currently, an estimated 35 million tons of waste are disposed of in California’s landfills annually, of which 32% is compostable organic materials, 29% is construction and demolition debris, and 17% is paper.

Recycling organic waste. For purposes of recycling, “organic waste” is defined as food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. Organic material, like food waste and yard waste, represents about one-third of the solid waste sent to landfills even though a large percentage can be recycled or composted.

Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch. Anaerobic digestion, which produces biogas that can be processed into biomethane fuel, is particularly suited to handle food waste. Green waste is more efficiently processed through composting.
What is compost? According to CalRecycle, compost is the controlled decomposition of organic material such as leaves, twigs, grass clippings and food scraps. A wide range of materials may be composted, but they must consist of principally organic components (i.e. carbon-containing remnants or residues of life processes). Compost products may vary since the properties of any given compost depend on the nature of the original feedstock and the conditions under which it was decomposed. However, mature compost is normally dark brown in color and should have an even texture and a pleasant, earthy aroma.

Composting is a means of controlling and accelerating the decomposition process. An overabundance of soil organisms is responsible for transforming the organic matter in compost into carbon dioxide, water, humic substances (components of soil that affect physical and chemical properties and improve soil fertility) and energy in the form of heat. Most composting facilities use a thermophilic process, which breaks down the waste with heat-loving bacteria, and rely on high temperatures to meet pathogen reduction standards.

Composting diverts organic materials out of landfills and turns it into a product that is useful for soil restoration. In addition to improving the quality of soil, compost prevents soil erosion, reduces the need for chemical fertilizers, herbicides, and pesticides, and enables better soil water retention.
Composting in California. According to CalRecycle, there are 181 composting facilities in the state. However, some of these facilities may not be involved in waste diversion (e.g. agricultural residuals, manure, and other material not destined for disposal). CalRecycle estimates that the top 30 compost facilities that take organics out of the waste stream handle approximately 80% of the material.

Comments

Purpose of Bill. According to the author, “AB 1045 establishes a statewide policy to promote the use of compost by requiring state entities to work together to establish a coordinated effort for the development and deployment of compost in order to achieve multiple state goals.”
Coordinating efforts. Multiple state agencies are involved with regulating composting. CalRecycle permits compostable material handling operations and facilities. ARB is the state agency charged with monitoring and regulating sources of emissions of GHGs that cause global warming in order to reduce emissions of GHGs. CDFA annually inspects compost facilities selling to organic food producers for adherence to National Organic Program regulations. SWRCB and the regional water quality control boards issue individual waste discharge requirements for larger composting facilities. This bill proposes to provide for improved state agency coordination of composting efforts and development.
Amendments Needed. This bill requires CalRecycle, in coordination with the ARB and SWRCB, to develop a policy to promote streamlined permitting and regulation of composting facilities while protecting air and water quality.
1. Streamlined. “Streamlined” is a term that may connote cutting corners or favoring speed to the potential detriment of what has been forsaken. Streamlining permitting and regulatory processes may more expeditiously get a facility up and running, but it also may result in long-term, unintended consequences.
  
  For example, a streamlined permitting process to authorize a new composting facility may be on a fast track for approval because of various factors such as location in an area zoned for industrial use – However, was that location analyzed to consider potential environmental impacts, such as whether the location is upwind to a residential area? Depending on how the permitting process was expedited, was the public provided an opportunity to participate; was the process transparent? Permitting and regulatory requirements exist to protect public health and safety as well as the environment; and such purposes should not be compromised for the sake of speed.
  
  On the other hand, “coordination” of permitting and regulatory requirements would serve to increase efficiency and ensure that efforts do not overlap unnecessarily, while preserving the goal of protecting the public and environment. It would be prudent for the agencies to coordinate permitting and regulatory requirements rather than streamline them.
  
  An amendment is needed on page 4, line 31, to delete “streamlined” and replace with “coordinated.”
2. “Protecting air and water quality.” Although air and water quality are certainly worth protecting, they are not the only environmental impacts that should be considered. For example, other impacts in permitting and regulating composting facilities may include land use planning, natural resources, agricultural resources, biological resources, noise, transportation/traffic, cultural resources, and utilities. It would be prudent to broaden the spectrum of protection beyond air and water only, and include the environment as a whole.
  
  An amendment is needed on page 4, lines 32-33, to delete “air and water quality,” and replace the term with “the environment.”

Related/Prior Legislation

AB 876 (McCarty) would require a county or regional agency to include in its annual report to CalRecycle specified information regarding organic waste recycling. AB 876 is scheduled to be heard in the Senate Environmental Quality Committee on July 1, 2015.

AB 1826 (Chesbro, Chapter 727, Statutes of 2014) phased in requirements for generators of specified amounts of organic waste to arrange recycling services for that material beginning January 1, 2016, through January 1, 2019.

AB 341 (Chesbro, Chapter 476, Statutes of 2011) required local businesses and multifamily residential dwellings of five or more units that generate more than four cubic yards of solid waste per week to separate recyclable materials from solid waste and subscribe to a basic level of recycling service that included collection, self-hauling, or other arrangements for the pickup of the recyclable materials or subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.

SOURCE:

Author

SUPPORT:

American Federation of State, County and Municipal Employees (AFSCME),

AFL-CIO

California Compost Coalition

California League of Conservation Voters

California Organics Recycling Council

Californians Against Waste

Carbon Cycle Institute

City and County of San Francisco Department of the Environment

City of Thousand Oaks

Community Alliance with Family Farmers

Planning and Conservation League

Republic Services, Inc.

Rural County Representatives of California

San Francisco Department of the Environment

Stop Waste

West Marin Compost Coalition

1 Individual

OPPOSITION:

None received

-- END –

Assembly Third Reading analysis @page { size: 8.5in 11in; margin-left: 1in; margin-right: 0.75in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; background: transparent; page-break-after: avoid } h1.western { font-size: 12pt; font-family: "Times New Roman", serif } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA }

AB 1045

Page 2

ASSEMBLY THIRD READING

ATR Bill Id:AB 1045

Author:(Irwin)

As Amended Ver:April 20, 2015

Majority vote

Committee	Votes	Ayes	Noes
Natural Resources	6-0	Williams, Cristina Garcia, McCarty, Rendon, Mark Stone, Wood
Appropriations	12-0	Gomez, Bloom, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Rendon, Weber, Wood

Requires CalEPA, in coordination with the Department of Resources Recycling and Recovery (CalRecycle), to develop and implement policies to aid in diverting 50% of organic waste from landfills by 2020 by promoting the use of agricultural, forestry, and urban organic waste as feedstock for compost and by promoting the appropriate use of that compost throughout the state.
Establishes, and requires CalEPA to establish policies that promote, a goal of reducing at least five million metric tons of greenhouse gas (GHG) emissions per year through the development and application of compost on working lands, as specified. Authorizes CalEPA to work with the California Department of Food and Agriculture (CDFA) to achieve this goal.
Requires CalEPA to convene CalRecycle, the State Water Resources Control Board (SWRCB), and the Air Resources Board (ARB) to ensure proper coordination of agency regulations and goals to implement this section.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

Potential increased costs of less than $150,000 for CalRecycle to develop and implement policies to divert organic waste.
Absorbable costs for CalEPA to coordinate and implement the requirements of the bill, through its Interagency Workgroup on Composting
Absorbable costs for SWRCB, ARB and CDFA.

Recycling organic waste provides significant GHG reductions over landfilling. Composting and other organics processing technologies, including anaerobic digestion, reduce GHGs by avoiding the emissions that would be generated by the material's decomposition in a landfill. Landfill gas is generated by the decomposition of organic materials such as food, paper, wood, and yard waste. Fifty percent of landfill gas is methane, a GHG that is 34 times more efficient at trapping heat than carbon dioxide (CO2). While most modern landfills have systems in place to capture methane, significant amounts continue to escape into the atmosphere. According to ARB's GHG inventory, approximately 7 million tons of CO2 equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of CO2 equivalent by 2020.

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0000247

Assembly Bill Fiscal Committee Analysis @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; text-align: center; background: transparent; page-break-after: avoid } h1.western { font-family: "Times New Roman", serif; font-size: 12pt } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA }

AB 1045

Page 2

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1045

Author:(Irwin) – As Amended Ver:April 20, 2015

Policy Committee:	Natural Resources	Vote:	6 - 0

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Environmental Protection Agency (CalEPA) to establish policies to encourage recycling of organic waste, and to coordinate the oversight and regulation of organic waste recycling facilities. Specifically, this bill:

Requires CalEPA to coordinate with CalRecycle, to develop and implement policies to divert organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as feedstock for compost and by promoting the appropriate use of that compost throughout the state.
Requires CalEPA to work with California Department of Food and Agriculture (CDFA) to establish policies to reduce at least five million metric tons of greenhouse gas (GHG) emissions per year through the development and application of compost on working lands, as specified
Requires CalEPA to convene CalRecycle, the State Water Resources Control Board (SWRCB), and the Air Resources Board (ARB) to ensure proper coordination of agency regulations and goals.

FISCAL EFFECT:

Potential increased costs of less than $150,000 for CalRecycle to develop and implement policies to divert organic waste.
Absorbable costs for CalEPA to coordinate and implement the requirements of the bill, through its Interagency Workgroup on Composting
Absorbable costs for SWRCB, ARB and CDFA.

COMMENTS:

Purpose. According to the author, there are multiple agencies involved in the policy making regarding the feedstock, transportation, development, and ultimate usage of compost. This bill establishes a statewide policy to promote the development and deployment of compost to help agriculture and the rural economy, meet the state's diversion goals and reduce greenhouse gas (GHG) emissions.
Background. Three entities within CalEPA are involved in regulating compost facilities. ARB and local air districts oversee air emissions, SWRCB and regional water quality control boards regulate wastewater discharges and CalRecycle requires compost facilities to be permitted and regulates general facility operations.

According to CalEPA, the Interagency Workgroup on Composting was established to achieve the reduction of at least five million metric tons of GHG emissions per year through the development of compost on working lands.

This bill will ensure CalEPA coordinates among its boards and commissions and with CDFA to achieve these goals.

Organic Waste and GHG Emissions. Recycling organic waste provides significant GHG reductions over landfilling. Composting and other organics processing technologies, including anaerobic digestion, reduce GHGs by avoiding the emissions that would be generated by the material’s decomposition in a landfill. Landfill gas is generated by the decomposition of organic materials such as food, paper, wood, and yard waste.

Fifty percent of landfill gas is methane, a GHG that is 21 times more efficient at trapping heat than carbon dioxide. While most modern landfills have systems in place to capture methane, significant amounts continue to escape into the atmosphere. According to ARB’s GHG inventory, approximately 7 million tons of CO2 equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of CO2 equivalent by 2020.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Assembly Bill Policy Committee Analysis @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; text-align: center; background: transparent; page-break-after: avoid } h1.western { font-family: "Times New Roman", serif; font-size: 12pt } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA }

AB 1045

Page 4

Date of Hearing: April 13, 2015

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 1045

Author:(Irwin) – As Amended Ver:March 26, 2015

SUBJECT: Organic waste: composting

EXISTING LAW, pursuant to the Integrated Waste Management Act of 1989 (Act):

Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
Establishes a statewide diversion goal of 75% by 2020.
Requires a commercial waste generator, including multi-family dwellings, to arrange for recycling services and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses.
Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.

THIS BILL:

Requires CalEPA, in coordination with the Department of Resources Recycling and Recovery (CalRecycle), to develop and implement policies to aid in diverting 50% of organic waste from landfills by 2020 by promoting the use of agricultural, forestry, and urban organic waste as feedstock for compost and by promoting the appropriate use of that compost throughout the state.
Establishes, and requires CalEPA to establish policies that promote, a goal of reducing at least five million metric tons of greenhouse gas (GHG) emissions per year through the development and application of compost on working lands, as specified. Authorizes CalEPA to work with the California Department of Food and Agriculture (CDFA) to achieve this goal.
Requires CalEPA to convene CalRecycle, the State Water Resources Control Board (SWRCB), and the Air Resources Board (ARB) to ensure proper coordination of agency regulations and goals to implement this section.
States legislative findings and declarations relating to the state's recycling requirements and the environmental and agricultural benefits of compost.

FISCAL EFFECT: Unknown

COMMENTS:

This bill. According to the author:

Currently, three state agencies have jurisdiction over compost and compost facilities: CalRecycle, the State Water Resources Control Board, and the Air Resources Board. In addition, the state has a number of goals that will encourage more compost facilities and will ultimately lead to the production of more compost. These goals include diverting 75% of our waste from landfills, recycling organic waste, and reducing fugitive greenhouse gas emissions.

These goals demonstrate the need for a more coordinated effort among state entities to promote the use of waste materials, their conversion to compost, and to begin to identify how compost should be used to maximize soil carbon management.

AB 1045 establishes a statewide policy to promote the development and deployment of compost. It recognizes that there are multiple agencies involved in the policy making regarding the feedstock, transportation, development, and ultimate usage of compost. AB 1045 identifies the need for the state to look at compost as a valuable resource, one that helps agriculture and the rural economy, and also reduces greenhouse gas emissions and helps our state meet its waste diversion goals.

Meeting the state’s recycling goals. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Organic materials make up one-third of the waste stream and food continues to be the highest single item disposed at over 15% of materials landfilled. CalRecycle is also charged with implementing its Strategic Directive 6.1, which calls for reducing organic waste disposal by 50% by 2020. According to CalRecycle, significant gains in organic waste diversion are necessary to meet the 75% goal and implementing Strategic Directive 6.1. Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch.

Waste reduction and GHGs. According to ARB, a total reduction of 80 million metric tons (MMT), or 16% compared to business as usual, is necessary to reduce statewide GHG emissions to 1990 levels by 2020. ARB intends to achieve approximately 78% of the reductions through direct regulations. ARB proposes to achieve the balance of reductions necessary to meet the 2020 limit (approximately 18 MMT) through its cap-and-trade program.

Recycling organic waste provides significant GHG reductions over landfilling. Composting and other organics processing technologies, including anaerobic digestion, reduce GHGs by avoiding the emissions that would be generated by the material’s decomposition in a landfill. Landfill gas is generated by the decomposition of organic materials such as food, paper, wood, and yard waste. Fifty percent of landfill gas is methane, a GHG that is 21 times more efficient at trapping heat than carbon dioxide. While most modern landfills have systems in place to capture methane, significant amounts continue to escape into the atmosphere. According to ARB’s GHG inventory, approximately 7 million tons of CO2 equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of CO2 equivalent by 2020.
Compost permitting. As noted by the author, three of CalEPA's entities are involved in regulating compost facilities. ARB and local air districts oversee air emissions. For example, the South Coast Air Quality Management District requires that all new compost facilities located within its jurisdiction to be fully enclosed and meet specified requirements for emissions for any vented emissions. SWRCB and regional water quality control boards regulate wastewater discharges and recently adopted general waste discharge requirements for composting operations that include, among other requirements, no storm water runoff from the site. CalRecycle requires that compost facilities are permitted and regulates general facility operations.

Suggested amendments. This bill requires CalEPA and CalRecycle to develop and implement policies to "aid in diverting 50% of organic waste from landfills by 2020…" As there is no existing law or regulation requiring that 50% of organic waste be diverted from landfills, this provision could be interpreted as establishing such a requirement, which, according to the author, is not the intent of the bill. The committee may wish to amend the bill to clarify this language.

This bill authorizes, but does not require, CalEPA to work with CDFA. Given CDFA's oversight role in the use of soil amendments, the committee may wish to amend the bill to require CalEPA to consult with CDFA.

REGISTERED SUPPORT / OPPOSITION:
Support

AFSCME, AFL-CIO

California Compost Coalition

California Organics Recycling Council

Californians Against Waste

Carbon Cycle Institute

Community Alliance with Family Farmers

San Francisco Department of the Environment

Stopwaste

1 individual

Opposition
None on file

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092

Discussed in Hearing

4MIN

Authors shown for version:
Chaptered (10/8/2015)

AB 1045: Organic waste: composting.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1045

THIRD READING

Bill No: AB 1045

THIRD READING

Bill No: AB 1045

SENATE COMMITTEE ON APPROPRIATIONS

Bill Summary:

Fiscal Impact:

Background:

Proposed Law:

Staff Comments:

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

ANALYSIS:

Background

Comments

Related/Prior Legislation

AB 876 (McCarty) would require a county or regional agency to include in its annual report to CalRecycle specified information regarding organic waste recycling. AB 876 is scheduled to be heard in the Senate Environmental Quality Committee on July 1, 2015.

SOURCE:

SUPPORT:

OPPOSITION:

ASSEMBLY THIRD READING

ATR Bill Id:AB 1045

ASSEMBLY COMMITTEE ON APPROPRIATIONS

ABPCA Bill Id:AB 1045

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

ABPCA Bill Id:AB 1045

Assembly Floor

Senate Floor

Senate Standing Committee on Appropriations

Assembly Floor

Assembly Standing Committee on Appropriations

Assembly Standing Committee on Natural Resources