AB 1036: Organic waste: composting.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-06-20
Existing law requires the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, 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. Existing law requires the California Environmental Protection Agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to, among other things, assess the states progress toward developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in certain state laws and documents.
This bill would require those entities to assess the states progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in an additional state law, as provided, and would make other changes in these provisions.
Existing law vests air pollution control districts and air quality management districts with the primary responsibility for control of air pollution from all sources other than vehicular sources, including from composting facilities.
This bill would require an air pollution control district or an air quality management district, for the purposes of permits and long-term emissions reductions relating to a composting facility, to include in calculations for baseline emissions of criteria air pollutants and greenhouse gases the reduction in emissions resulting from not sending those organic materials to a landfill or directly applying them to land. Because the bill would impose new duties on districts, it would impose a state-mandated local program.
Various air pollution control district and air quality management district rules define an essential public service for their purposes.
This bill would specify facilities that are essential public services for purposes of the statutes that govern air pollution control districts and air quality management districts and the regulations adopted pursuant to those statutes before or after the enactment of this bill, including composting facilities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, 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. Existing law requires the California Environmental Protection Agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to, among other things, assess the states progress toward developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in certain state laws and documents.
This bill would require those entities to assess the states progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in an additional state law, as provided, and would make other changes in these provisions.
For the purposes of permits and long-term emissions reductions relating to a composting facility, a district shall include in calculations for baseline emissions of criteria air pollutants and greenhouse gases the reduction in emissions resulting from not sending those organic materials to a landfill or directly applying them to land.
SEC. 2.Section 40723.6 is added to the Health and Safety Code, to read:40723.6.For purposes of this part, including any regulations adopted pursuant to this part before or after the enactment of this section, essential public service includes, but is not limited to, a prison, detention facility, police or firefighting facility, school, health care facility, landfill gas control or processing facility, sewage treatment works, composting facility, or water delivery operation, if owned and operated by a public agency.
SECTION 1.SEC. 3.Section 42649.87 of the Public Resources Code is amended 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 Secretary for Environmental Protection and the Secretary of Food and Agriculture shall ensure proper alignment of agency regulations and internal policy 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), Senate Bill 1383 (Chapter 395 of the Statutes of 2016), the State Air Resources Boards Short-Lived Climate Pollutant Reduction Strategy, and the Department of Food and Agricultures Healthy Soils Initiative.
(2)Meet at least quarterly to 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. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(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 alignment of agency regulations and internal policy 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 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), Senate Bill 1383 (Chapter 395 of the Statutes of 2016), the State Air Resources Boards May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, Strategy, and the Department of Food and Agricultures Healthy Soils Initiative.
(2)Meet at least quarterly and to 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.
|
Date
|
Status
|
|---|---|
| May 3, 2018 | In committee: Set, final hearing. Hearing canceled at the request of author. |
| Jun 26, 2017 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jun 20, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. |
| Jun 5, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 18, 2017 | Referred to Com. on EQ. |
| May 4, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1393.) |
| Apr 27, 2017 | Read second time. Ordered to Consent Calendar. |
| Apr 26, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26). |
| Apr 4, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 3). Re-referred to Com. on APPR. |
| Mar 6, 2017 | Referred to Com. on NAT. RES. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 4, 2017 | AB 1036 MCCARTY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 26, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 3, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Compost Coalition | ** Support | Mar 30, 2017 |
| Californians Against Waste | ** Support | Mar 30, 2017 |
| Napa Recycling and Waste Services | ** Support | Mar 30, 2017 |
| Northern California Recycling Association | ** Support | Mar 30, 2017 |
| Solana Center for Environmental Innovation | ** Support | Mar 30, 2017 |
| Tri-CED Community Recycling | ** Support | Mar 30, 2017 |
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1036
Author:(McCarty) – As Introduced Ver:February 16, 2017
Policy Committee: | Natural Resources | Vote: | 10 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill clarifies and updates the requirements that ensure state agencies coordinate their efforts to achieve the state's recycling and greenhouse gas (GHG) reduction goals. Specifically, this bill:
- Specifies that the CalEPA and the California Department of Food and Agriculture (CDFA) align, rather than coordinate, regulation and include internal policy goals relating to organic waste diversion.
- Requires CalEPA to include the updated Short-Lived Climate Pollutants (SLCP) Strategy in its assessment of the state's progress toward developing organic waste and recycling infrastructure.
FISCAL EFFECT:
- Minor state costs for Cal EPA, the State Water Resources Control Board (SWRCB), and the Air Resources Board (ARB).
- According to CDFA, any costs associated with this bill will be absorbable if the two positions requested in the Governor's proposed 2017-18 budget to coordinate with ARB and other agencies on SLCP implementation are approved. If not, CDFA will request additional ongoing resources to implement this bill, likely less than $150,000.
COMMENTS:
Background and Purpose. Current law requires CalEPA, in coordination with SWRCB, ARB, and CDFA, to develop and implement policies to aid in the diversion of 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 compost. CDFA is required to develop and administer the Healthy Soils Initiative to improve carbon storage in soils and reduce agricultural GHG emissions.
Pursuant to SB 1383 (Lara), Chapter 395, Statutes of 2016, ARB is required to approve and implement an updated strategy to SLCP emissions. SB 1383 requires the strategy to achieve 40% reduction in methane emissions, 40% reduction in hydrofluorocarbon gases, and 50% reduction in anthropogenic black carbon by 2030.
CalEPA assess the state's progress toward developing the organic waste and recycling infrastructure necessary to meet the state's commercial and organic waste diversion requirements, the SLCP reduction strategy approved in May, 2015, and the Healthy Soils Initiative. This bill requires the assessment to incorporate the SLCP reduction strategy required by SB 1383.
Additionally, the permitting and management of compost involves a number of state entities. Current law requires that they "coordinate" regulations. This bill requires that they "align" the regulations to ensure that departments work together when crafting regulations.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 3, 2017
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Cristina Garcia, Chair
ABPCA Bill Id:AB 1036 (
Author:McCarty) – As Introduced Ver:February 16, 2017
SUBJECT: Organic waste: composting
SUMMARY: Clarifies and updates the requirements that ensure state agencies coordinate their efforts to achieve the state's recycling and greenhouse gas (GHG) reduction goals.
EXISTING LAW:
- Establishes the California Integrated Waste Management Act, which requires local jurisdictions to divert 50% of solid waste generated from landfill disposal and establishes a state policy goal that 75% of solid waste generated statewide be diverted from landfill disposal by 2020.
- Pursuant to AB 341 (Chesbro), Chapter 476, Statutes of 2011, requires commercial waste generators, 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.
- Pursuant to AB 1826 (Chesbro), Chapter 727, Statutes of 2014, requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.
- Requires the California Environmental Protection Agency (CalEPA), in coordination with the State Water Resources Control Board (SWRCB), the Air Resources Board (ARB), and the California Department of Food and Agriculture (CDFA), to develop and implement policies to aid in the diversion of 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 compost.
- Requires CalEPA and CDFA to coordinate regulations and goals to divert organic waste from landfill disposal.
- Requires CalEPA to assess the state's progress toward developing the organic waste and recycling infrastructure necessary to meet the state's commercial and organic waste diversion requirements, the Short-Lived Climate Pollutant Reduction Strategy (Strategy) approved in May, 2015, and the Healthy Soils Initiative.
- Requires ARB to approve and implement an updated Strategy to reduce short-lived climate pollutant (SLCP) emissions. SB 1383 (Lara), Chapter 395, Statutes of 2016, requires the Strategy to achieve 40% reduction in methane emissions, 40% reduction in hydrofluorocarbon gases, and 50% reduction in anthropogenic black carbon by 2030.
- Requires CDFA to develop and administer the Healthy Soils Initiative to improve carbon storage in soils and reduce agricultural GHG emissions.
THIS BILL:
- Specifies that CalEPA and CDFA align, rather than coordinate, regulation and include internal policy goals relating to organic waste diversion.
- Requires CalEPA to include SB 1383 in its assessment of the state's progress toward developing organic waste and recycling infrastructure.
FISCAL EFFECT: Unknown
COMMENTS:
- Author's statement:
AB 1036 updates [statute] to ensure that all relevant state agencies use the most recent Short-Lived Climate Pollutant Reduction Strategy, which sets updated reduction targets. Without this change, certain state agencies, including CalEPA, would be assessing the program's progress towards incorrect targets. This bill would also require state agencies to work together to ensure alignment of their regulations, rather than crate their regulations separately. These two simple changes will ensure that state agencies will work together to create regulations that encourage the creation of new composting facilities.
- 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.
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.
- 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. 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. CDFA and CalRecycle each have a role in the oversight and management of the use of compost in the state.
- This bill. Current law requires CalEPA to assess the state's progress toward developing the organic waste and recycling infrastructure necessary to achieve the state's recycling and GHG reduction goals; however, statute specifies that the assessment use the May 2015 Strategy. In 2016, SB 1383 established new goals for the Strategy. This bill requires the assessment to incorporate the Strategy required by SB 1383.
As noted above, permitting and management of compost involves a number of state entities. Current law requires that they "coordinate" regulations. This bill requires that they "align" the regulations to ensure that departments work together when crafting regulations.
REGISTERED SUPPORT / OPPOSITION:
Support
Californians Against Waste
California Compost Coalition
Napa Recycling and Waste Services
Northern California Recycling Association
Solana Center for Environmental Innovation
Tri-CED Community Recycling
Opposition
None on file
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /
Bill Author
Bill Co-Author(s):