The 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 state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on or before May 1 of each year.

This bill would require each state agency to include in that annual report a summary of the state agencys compliance with specified requirements relating to recycling commercial solid waste and organic waste.

This bill would incorporate additional changes in Section 42926 of the Public Resources Code proposed by AB 2812 that would become operative only if AB 2812 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

The 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 state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on or before May 1 of each year.

This bill would require each state agency to include in that annual report a summary of the state agencys compliance with specified requirements relating to recycling commercial solid waste and organic waste.

This bill would incorporate additional changes in Section 42926 of the Public Resources Code proposed by AB 2812 that would become operative only if AB 2812 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

The 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 state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on or before May 1 of each year.

This bill would require each state agency to include in that annual report a summary of the state agencys compliance with specified requirements relating to recycling commercial solid waste and organic waste.

The 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 state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on or before May 1 of each year.

This bill would require each state agency to include in that annual report a summary of the state agencys compliance with specified requirements relating to recycling commercial solid waste and organic waste.

(1)The 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 state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on or before May 1 of each year.

This bill would require each state agency to include in that annual report a summary of the state agencys compliance with specified requirements relating to recycling commercial solid waste and organic waste.

(2)Existing law requires, commencing August 1, 2017, a county or regional agency to include in its annual report to the Department of Resources Recycling and Recovery summarizing its progress in reducing solid waste an estimate of the amount of organic waste in cubic yards that will be generated in the county or region over a 15-year period, an estimate of the additional organic waste recycling facility capacity in cubic yards that will be needed to process that amount of waste, and areas identified by the county or regional agency as locations for new or expanded organic waste recycling facilities capable of safely meeting that additional need.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

Existing law provides that, if the Commission on State Mandates determines that the above-mentioned state-mandated requirements impose costs on local agencies, reimbursement for those costs shall be made pursuant to these statutory provisions.

This bill would instead provide that no reimbursement is required by the above-mentioned requirements for a specified reason.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2396

Author:(McCarty)

As Amended Ver:August 9, 2016

Majority vote

Original Committee Reference: NAT. RES.

SUMMARY: Requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual report to the Department of Resources Recycling and Recovery (CalRecycle).

The Senate amendments add language to avoid chaptering out issues with AB 2812 (Gordon) of the current legislative session, which relates to state agency recycling.

EXISTING LAW, pursuant to the Integrated Waste Management Act:

1. Requires state agencies to develop an integrated waste management plan (plan) by 2000 to lay out how the state agency or facility would divert 50% of its waste from landfill disposal by 2004.
2. Requires state agencies to annually report to CalRecycle on the implementation of the plan.
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.

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill has minor state costs. State agencies are already required to report annually to CalRecycle on their waste diversion programs. This bill clarifies that mandatory commercial recycling and mandatory organics are a part of the waste diversion programs that agencies must include in their annual reports.

COMMENTS: This bill is a follow up measure to AB 876 (McCarty), Chapter 593, Statutes of 2015, that makes clarifying changes to annual waste reporting requirements for state agencies. This bill specifies that state agencies subject to the state's commercial recycling and organic materials recycling requirements must include a summary of their compliance with those laws in their annual reports to CalRecycle.

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0003940

 THIRD READING  

Bill No: AB 2396

Author:

: Senate

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/8/16

AYES: Wieckowski, Gaines, Bates, Hill, Leno, Pavley

NO VOTE RECORDED: Jackson

SENATE APPROPRIATIONS COMMITTEE: 7-0, 6/20/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual reports to the Department of Resources Recycling and Recovery (CalRecycle).

Senate Floor Amendments of 8/9/16 address potential chaptering out issue with AB 2812 (Gordon).

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

1. Establishes a statewide diversion goal of 75% by 2020.
2. Requires state agencies to develop an integrated waste management plan on how the state agency or facility will divert 50% of its waste from landfill disposal by 2004; and requires each state agency to submit an annual report to CalRecycle summarizing its progress in reducing solid waste.
3. Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
4. Requires each jurisdiction to submit a countywide siting element (CSE) to CalRecycle that includes: a statement of goals for the environmentally safe transformation and disposal of solid waste; an estimate of the total transformation or disposal capacity necessary for a 15-year period; the remaining capacity of existing solid waste facilities; identification of areas for the location of new solid waste facilities that are consistent with the general plan if the county determines that existing capacity will be exhausted within 15 years, or as specified; and, for CSEs submitted after 2003, a description of the actions taken to solicit public participation by the affected communities.
5. Requires local governments to include organic waste recycling facilities in the planning requirements for CSEs.
6. Requires commercial waste generators to arrange for recycling services and requires local governments to implement commercial solid waste programs designed to divert solid waste from businesses (including public entities).

This bill requires state agencies to include information relating to recycling of solid and organic wastes in their annual reports to CalRecycle.

Background

1. 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 of organic waste, including composting and anaerobic digestion) are necessary to meet the 75% goal and to implement Strategic Directive 6.1.

1. Mandatory commercial recycling. According to CalRecycle’s Statewide Waste Characterization data (2008), the commercial sector generates nearly three fourths of the solid waste in California; and, much of the commercial sector waste disposed in landfills is readily recyclable. Increasing the recovery of recyclable materials will directly reduce greenhouse gas (GHG) emissions. In particular, recycled materials can reduce the GHG emissions from multiple phases of product production, including extraction of raw materials, preprocessing and manufacturing. A cobenefit of increased recycling is avoided methane emissions at landfills from the decomposition of organic materials.

AB 341 (Chesbro, Chapter 476, Statutes of 2011) sets forth the requirements of the statewide mandatory commercial recycling program, which has the purpose of reducing GHG emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California.

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 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. 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.

1. Waste reduction and GHGs. According to the California Air Resources Board (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.

Landfill gas is generated by the anaerobic decomposition of organic materials such as food, paper, wood, and green material. 50% of landfill gas is methane, a GHG with a much shorter life, but much higher global warming potential than carbon dioxide (methane is approximately 25 times more efficient at trapping heat than carbon dioxide over a 100-year time span). Depending on the types of solid waste, the chemical makeup of landfill biogas can vary greatly from the biogas produced from dairy farms, municipal solid waste, and wastewater treatment facilities. 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 carbon dioxide equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of carbon dioxide equivalent by 2020.

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. For example, in the case of anaerobic digestion, the process produces methane from the organic waste in a controlled environment for use as a renewable fuel, and results in climate benefits by both reducing GHGs from landfills, and displacing fossil fuels. Recycling organic waste provides significant GHG reductions over landfilling.

According to CalRecycle, Mandatory Commercial Recycling was one of the measures adopted in the Scoping Plan by the Air Resources Board pursuant to the California Global Warming Solutions Act. The Mandatory Commercial Recycling Measure focuses on increased commercial waste diversion as a method to reduce GHG emissions and is designed to achieve a reduction in GHG emissions of 5 MMT of CO₂ equivalents. To achieve the Measure’s objective, an additional two to three million tons of materials annually will need to be recycled from the commercial sector by the year 2020 and beyond.

Comments

Purpose of Bill. According to the author, “This bill will ensure that the government of California joins our counties by including summaries of state agency efforts regarding organic waste diversion when submitting their reports about recycling compliance. With the legislature’s ambitious goal to reduce greenhouse gas emission to 1990 levels by 2020, we need to know how our agencies contribute to meeting this goal by diverting greenhouse gas-producing waste.”

Related/Prior Legislation

AB 876 (McCarty, Chapter 593, Statutes of 2015) required local governments to include organic waste recycling facilities in the existing planning requirements for countywide solid waste management.

AB 1045 (Irwin, Chapter 596, Statutes of 2015) required the California Environmental Protection Agency to establish policies to encourage recycling of organic waste and coordinate the oversight and regulation of organic waste recycling facilities.

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: Fiscal Com.: Local:

According to the Senate Appropriations Committee, minor additional state costs. State agencies are already required to report annually to CalRecycle on their waste diversion programs. This bill clarifies that mandatory commercial recycling and mandatory organics are a part of the waste diversion programs that agencies must include in their annual reports.

SUPPORT: (Verified 8/9/16)

Los Angeles County Solid Waste Management/Integrated Waste Management Task Force

Northern California Recycling Association

Solid Waste Association of North America

OPPOSITION: (Verified 8/9/16)

None received

ASSEMBLY FLOOR: 79-0, 5/5/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines

Prepared by:

8/10/16 17:02:54

**** END ****

 THIRD READING  

Bill No: AB 2396

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/8/16

AYES: Wieckowski, Gaines, Bates, Hill, Leno, Pavley

NO VOTE RECORDED: Jackson

SENATE APPROPRIATIONS COMMITTEE: 7-0, 6/20/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual report to the Department of Resources Recycling and Recovery (CalRecycle).

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

1. Establishes a statewide diversion goal of 75% by 2020.
2. Requires state agencies to develop an integrated waste management plan on how the state agency or facility will divert 50% of its waste from landfill disposal by 2004; and requires each state agency to submit an annual report to CalRecycle summarizing its progress in reducing solid waste.
3. Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
4. Requires each jurisdiction to submit a countywide siting element (CSE) to CalRecycle that includes: a statement of goals for the environmentally safe transformation and disposal of solid waste; an estimate of the total transformation or disposal capacity necessary for a 15-year period; the remaining capacity of existing solid waste facilities; identification of areas for the location of new solid waste facilities that are consistent with the general plan if the county determines that existing capacity will be exhausted within 15 years, or as specified; and, for CSEs submitted after 2003, a description of the actions taken to solicit public participation by the affected communities.
5. Requires local governments to include organic waste recycling facilities in the planning requirements for CSEs.
6. Requires commercial waste generators to arrange for recycling services and requires local governments to implement commercial solid waste programs designed to divert solid waste from businesses (including public entities).

This bill requires state agencies to include information relating to recycling of solid and organic wastes in their annual reports to CalRecycle.

Background

1. 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 of organic waste, including composting and anaerobic digestion) are necessary to meet the 75% goal and to implement Strategic Directive 6.1.

1. Mandatory commercial recycling. According to CalRecycle’s Statewide Waste Characterization data (2008), the commercial sector generates nearly three fourths of the solid waste in California; and, much of the commercial sector waste disposed in landfills is readily recyclable. Increasing the recovery of recyclable materials will directly reduce greenhouse gas (GHG) emissions. In particular, recycled materials can reduce the GHG emissions from multiple phases of product production, including extraction of raw materials, preprocessing and manufacturing. A cobenefit of increased recycling is avoided methane emissions at landfills from the decomposition of organic materials.

AB 341 (Chesbro, Chapter 476, Statutes of 2011) sets forth the requirements of the statewide mandatory commercial recycling program, which has the purpose of reducing GHG emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California.

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 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. 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.

1. Waste reduction and GHGs. According to the California Air Resources Board (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.

Landfill gas is generated by the anaerobic decomposition of organic materials such as food, paper, wood, and green material. 50% of landfill gas is methane, a GHG with a much shorter life, but much higher global warming potential than carbon dioxide (methane is approximately 25 times more efficient at trapping heat than carbon dioxide over a 100-year time span). Depending on the types of solid waste, the chemical makeup of landfill biogas can vary greatly from the biogas produced from dairy farms, municipal solid waste, and wastewater treatment facilities. 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 carbon dioxide equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of carbon dioxide equivalent by 2020.

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. For example, in the case of anaerobic digestion, the process produces methane from the organic waste in a controlled environment for use as a renewable fuel, and results in climate benefits by both reducing GHGs from landfills, and displacing fossil fuels. Recycling organic waste provides significant GHG reductions over landfilling.

According to CalRecycle, Mandatory Commercial Recycling was one of the measures adopted in the Scoping Plan by the Air Resources Board pursuant to the California Global Warming Solutions Act. The Mandatory Commercial Recycling Measure focuses on increased commercial waste diversion as a method to reduce GHG emissions and is designed to achieve a reduction in GHG emissions of 5MMT of CO₂ equivalents. To achieve the Measure’s objective, an additional two to three million tons of materials annually will need to be recycled from the commercial sector by the year 2020 and beyond.

Comments

Purpose of bill. According to the author, “This bill will ensure that the government of California joins our counties by including summaries of state agency efforts regarding organic waste diversion when submitting their reports about recycling compliance. With the legislature’s ambitious goal to reduce greenhouse gas emission to 1990 levels by 2020, we need to know how our agencies contribute to meeting this goal by diverting greenhouse gas-producing waste.”

Related/Prior Legislation

AB 876 (McCarty, Chapter 593, Statutes of 2015) required local governments to include organic waste recycling facilities in the existing planning requirements for countywide solid waste management.

AB 1045 (Irwin, Chapter 596, Statutes of 2015) required the California Environmental Protection Agency to establish policies to encourage recycling of organic waste and coordinate the oversight and regulation of organic waste recycling facilities.

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: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Minor additional state costs. State agencies are already required to report annually to CalRecycle on their waste diversion programs. This bill clarifies that mandatory commercial recycling and mandatory organics are a part of the waste diversion programs that agencies must include in their annual reports.

SUPPORT: (Verified 6/21/16)

Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force

Northern California Recycling Association

Solid Waste Association of Northern America

OPPOSITION: (Verified 6/21/16)

None received

ASSEMBLY FLOOR: 79-0, 5/5/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines

Prepared by:

6/22/16 15:15:18

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2396 (McCarty) - Solid waste: annual reports

This bill does not meet the criteria for referral to the Suspense File.

Bill Summary:

AB 2396 requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual reports to the Department of Resources Recycling and Recovery (CalRecycle).

Fiscal Impact:

Minor additional state costs. State agencies are already required to report annually to CalRecycle on their waste diversion programs. This bill clarifies that mandatory commercial recycling and mandatory organics are a part of the waste diversion programs that agencies must include in their annual reports.

Background:

The Integrated Waste Management Act of 1989. The Integrated Waste Management Act (Act) of 1989 establishes a statewide diversion goal of 75% by 2020. The Act also requires state agencies to develop an integrated waste management plan indicating how the state agency or facility will divert 50% of its waste from landfill disposal and to submit an annual report to the CalRecycle summarizing its progress in reducing solid waste.

Local agencies are similarly required to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions. Local agencies must also submit a countywide siting element to CalRecycle that includes specified information regarding the transformation and disposal of solid waste.

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 the reduction of organic waste disposal by 50% by 2020.

Proposed Law:

This bill requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual reports to CalRecycle.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2015 - 2016 Regular

Bill No: AB 2396

SUBJECT: Solid waste: annual reports.

ANALYSIS:

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

1. Establishes a statewide diversion goal of 75% by 2020.
2. Requires state agencies to develop an integrated waste management plan on how the state agency or facility will divert 50% of its waste from landfill disposal by 2004; and requires each state agency to submit an annual report to the Department of Resources Recycling and Recovery (CalRecycle) summarizing its progress in reducing solid waste.
3. Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
   
4. Requires each jurisdiction to submit a countywide siting element (CSE) to CalRecycle that includes: a statement of goals for the environmentally safe transformation and disposal of solid waste; an estimate of the total transformation or disposal capacity necessary for a 15-year period; the remaining capacity of existing solid waste facilities; identification of areas for the location of new solid waste facilities that are consistent with the general plan if the county determines that existing capacity will be exhausted within 15 years, or as specified; and, for CSEs submitted after 2003, a description of the actions taken to solicit public participation by the affected communities.
   
5. Requires local governments to include organic waste recycling facilities in the planning requirements for CSEs.
   
6. Requires commercial waste generators to arrange for recycling services and requires local governments to implement commercial solid waste programs designed to divert solid waste from businesses (including public entities).
   

This bill requires state agencies to include information relating to recycling of solid and organic wastes in their annual reports to CalRecycle.

Background

1. 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 of organic waste, including composting and anaerobic digestion) are necessary to meet the 75% goal and to implement Strategic Directive 6.1.
   
2. Mandatory Commercial Recycling. According to CalRecycle’s Statewide Waste Characterization data (2008), the commercial sector generates nearly three fourths of the solid waste in California; and, much of the commercial sector waste disposed in landfills is readily recyclable. Increasing the recovery of recyclable materials will directly reduce greenhouse gas (GHG) emissions. In particular, recycled materials can reduce the GHG emissions from multiple phases of product production, including extraction of raw materials, preprocessing and manufacturing. A cobenefit of increased recycling is avoided methane emissions at landfills from the decomposition of organic materials.
   
   AB 341 (Chesbro, Chapter 476, Statutes of 2011) sets forth the requirements of the statewide mandatory commercial recycling program, which has the purpose of reducing GHG emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California.
   
3. 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 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. 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.
   
4. Waste reduction and GHGs. According to the California Air Resources Board (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.
   
   Landfill gas is generated by the anaerobic decomposition of organic materials such as food, paper, wood, and green material. Fifty percent of landfill gas is methane, a GHG with a much shorter life, but much higher global warming potential than carbon dioxide (methane is approximately 25 times more efficient at trapping heat than carbon dioxide over a 100-year time span). Depending on the types of solid waste, the chemical makeup of landfill biogas can vary greatly from the biogas produced from dairy farms, municipal solid waste, and wastewater treatment facilities. 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 carbon dioxide equivalent are released annually by landfills. That number is expected to increase to 8.5 million tons of carbon dioxide equivalent by 2020.
   
   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. For example, in the case of anaerobic digestion, the process produces methane from the organic waste in a controlled environment for use as a renewable fuel, and results in climate benefits by both reducing GHGs from landfills, and displacing fossil fuels. Recycling organic waste provides significant GHG reductions over landfilling.
   
   According to CalRecycle, Mandatory Commercial Recycling was one of the measures adopted in the Scoping Plan by the Air Resources Board pursuant to the California Global Warming Solutions Act. The Mandatory Commercial Recycling Measure focuses on increased commercial waste diversion as a method to reduce GHG emissions and is designed to achieve a reduction in GHG emissions of 5 million metric tons of CO₂ equivalents. To achieve the measure’s objective, an additional 2 to 3 million tons of materials annually will need to be recycled from the commercial sector by the year 2020 and beyond.
   

Comments

Purpose of Bill. According to the author, “This bill will ensure that the government of California joins our counties by including summaries of state agency efforts regarding organic waste diversion when submitting their reports about recycling compliance. With the legislature’s ambitious goal to reduce greenhouse gas emission to 1990 levels by 2020, we need to know how our agencies contribute to meeting this goal by diverting greenhouse gas-producing waste.”

Related/Prior Legislation

AB 876 (McCarty, Chapter 593, Statutes of 2015) required local governments to include organic waste recycling facilities in the existing planning requirements for countywide solid waste management.

AB 1045 (Irwin, Chapter 596, Statutes of 2015) required the California Environmental Protection Agency to establish policies to encourage recycling of organic waste and coordinate the oversight and regulation of organic waste recycling facilities.

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:

Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force

OPPOSITION:

None received

-- END --

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2396

Author:(McCarty) – As Amended Ver:April 13, 2016

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

SUMMARY:

This bill requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual reports to the Department of Resources Recycling and Recovery (CalRecycle).

FISCAL EFFECT:

No additional state costs. State agencies are already required to report annually to CalRecycle on their waste diversion programs. This bill clarifies that mandatory commercial recycling and mandatory organics are a part of the waste diversion programs that agencies must include in their annual reports.

COMMENTS:

1. Purpose. According to the author, this bill provides cleanup for last year's AB 876 and makes another clarifying change to annual waste reporting requirements for state agencies.
2. Background. 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 greatest single item disposed, making up 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, decreasing runoff.

1. Prior Legislation. AB 876 (McCarty), Chapter 593, Statutes of 2015, requires local governments to include organic waste recycling facilities in the planning requirements for countywide siting elements.

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

Date of Hearing: April 11, 2016

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 2396 (

Author:McCarty) – As Introduced Ver:February 18, 2016

SUBJECT: Solid waste: annual reports

SUMMARY: Requires state agencies to include information relating to commercial recycling and organic waste recycling in their annual reports to the Department of Resources Recycling and Recovery (CalRecycle).

EXISTING LAW, pursuant to the Integrated Waste Management Act:

1. Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions.
   
2. Requires each jurisdiction to submit a countywide siting element (CSE) to CalRecycle that includes:
   1. A statement of goals for the environmentally safe transformation and disposal of solid waste;
   2. An estimate of the total transformation or disposal capacity necessary for a 15-year period;
   3. The remaining capacity of existing solid waste facilities;
   4. The identification of areas for the location of new solid waste facilities that are consistent with the general plan, if the county determines that existing capacity will be exhausted within 15 years, or as specified; and,
   5. For CSEs submitted after 2003, a description of the actions taken to solicit public participation by the affected communities, including low-income populations.
3. Pursuant to AB 876 (McCarty), Chapter 593, Statutes of 2015, requires local governments to include organic waste recycling facilities in the planning requirements for CSEs.
4. Establishes a statewide diversion goal of 75% by 2020.
   
5. Requires state agencies to develop an integrated waste management plan (plan) by 2000 to lay out how the state agency or facility would divert 50% of its waste from landfill disposal by 2004.
   
6. Requires state agencies to annually report to CalRecycle on the implementation of the plan.
   
7. 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.
   
8. 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:

1. Requires state agencies to include a summary of the agency's compliance with the state's commercial waste recycling and organic waste recycling requirements in their annual report to CalRecycle.
2. Repeals an uncodified provision in AB 876 that states that if the Commission on State Mandates determines that the bill created a state mandate the costs are reimbursable by the state, and instead states that no reimbursement is required by AB 876, because a local agency has the ability to pay for any program costs by levying a service charge, fee, or assessment.

FISCAL EFFECT: Unknown

COMMENTS:

1. 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 greatest single item disposed, making up 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. California's state agencies play an essential role in meeting the state's waste reduction requirements.
2. Waste reduction and greenhouse gases (GHGs). Recycling provides significant GHG reductions over landfilling. The Air Resources Board's First Update to the Climate Change Scoping Plan identifies waste management as a key sector for GHG emissions reductions and states, "Meeting the [state's] 75% recycling goal is the best path forward to maximizing GHG emission reductions from the Waste Management Sector and putting California on the path for even greater GHG emission reductions in the future." 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 more than 80 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 the Air Resources Board, landfills generated 20% of the state's methane emissions in 2013. In addition to organic waste, source reduction and recycling reduce GHG emissions associated with the production and transportation of products.
   
3. Author's statement:

AB 2396 is a cleanup measure for AB 876 and makes other clarifying changes to annual waste reporting requirements for state agencies… This bill clarifies that state agencies subject to Mandatory Commercial Recycling [requirements] and Mandatory Commercial Organics Recycling [requirements] must include a summary of their compliance with those laws in their annual reports on compliance with state integrated waste management laws.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

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