AB 1288: Solid waste: management: funding.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-05-01
(1)Existing law requires the State Air Resources Board, no later than January 1, 2018, to approve and begin implementing a comprehensive short-lived climate pollutant strategy to reduce statewide emissions of specified pollutants, including reducing methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets for reducing organic waste in landfills. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills.
This bill would require the department, in adopting those regulations, to conduct at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including, but not limited to, existing public and private funding models and opportunities for new statewide funding sources.
(2)The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act requires the operator of a disposal facility to pay to the State Board of Equalization a fee based on the amount of all solid waste disposed of at each disposal site. The act requires the department to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.
This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.
(1)Existing law requires the State Air Resources Board, no later than January 1, 2018, to approve and begin implementing a comprehensive short-lived climate pollutant strategy to reduce statewide emissions of specified pollutants, including reducing methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets for reducing organic waste in landfills. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills.
This bill would require the department, in adopting those regulations, to conduct at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including, but not limited to, existing public and private funding models and opportunities for new statewide funding sources.
The
(2)The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act requires the operator of a disposal facility to pay to the State Board of Equalization a fee based on the amount of all solid waste disposed of at each disposal site. The act requires the department to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.
This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act requires the operator of a disposal facility to pay to the State Board of Equalization a fee based on the amount of all solid waste disposed of at each disposal site. The act requires the department to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.
This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.
(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction.
(5)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(6)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)In adopting the regulations pursuant to subdivision (a), the department shall conduct at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including, but not limited to, existing public and private funding models and opportunities for new statewide funding sources.
SEC. 2.Section 48000 of the Public Resources Code is amended to read:48000.(a)Each operator of a disposal facility shall pay a fee quarterly to the state board that is based on the amount, by weight or volumetric equivalent, as determined by the department, of all solid waste disposed of at each disposal site.
(b)(1)The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 199596 fiscal year, the amount of the fee shall be established by the department at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton.
(2)On and after July 1, 2012, the amount of the fee established by the department pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill whose owner has notified the department that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to Article 2.1 (commencing with Section 48010).
(c)The department shall notify the state board on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to paragraphs (1) and (2) of subdivision (b).
(d)The department and the state board shall ensure that all of the fees for solid waste imposed pursuant to this section that are collected at a transfer station are paid to the state board in accordance with this article.
(e)(1)The fee imposed by paragraph (2) of subdivision (b) shall not be operative on or after July 1, 2012, unless the department receives, on or before January 1, 2012, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill owners representing at least 50 percent of the total volume of waste disposed of in 2010.
(2)The department shall notify the state board, on or before February 29, 2012, if the fee imposed by paragraph (2) of subdivision (b) shall become operative pursuant to paragraph (1).
SEC. 3.Section 48001 of the Public Resources Code is amended to read:48001.(a)The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.(b)The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.SEC. 4.SEC. 3.Section 48004 of the Public Resources Code is amended to read:48004.(a)The money in the account shall be used by the department, upon appropriation by the Legislature, for the following purposes:
(1)The administration and implementation of this division by the department, including a prudent reserve.
(2)The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.
(b)It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.
(c)Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the department.
(a)The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1)May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2)Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(3)Shall not establish a numeric organic waste disposal limit for individual landfills.
(4)May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction.
(5)May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(6)Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(b)A local jurisdiction may charge and collect fees to recover the local jurisdictions costs incurred in complying with the regulations adopted pursuant to this section.
(c)In adopting the regulations pursuant to subdivision (a), the department shall conduct at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including, but not limited to, existing public and private funding models and opportunities for new statewide funding sources.
SECTION 1.SEC. 2.Section 48000 of the Public Resources Code is amended to read:48000.(a)Each operator of a disposal facility shall pay a fee quarterly to the state board that is based on the amount, by weight or volumetric equivalent, as determined by the department, of all solid waste disposed of at each disposal site.
(b)(1)The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 199596 fiscal year, the amount of the fee shall be established by the department at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton.
(2)On and after July 1, 2012, the amount of the fee established by the department pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill whose owner has notified the department that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to Article 2.1 (commencing with Section 48010).
(c)The department shall notify the state board on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to paragraphs (1) and (2) of subdivision (b).
(d)The department and the state board shall ensure that all of the fees for solid waste imposed pursuant to this section that are collected at a transfer station are paid to the state board in accordance with this article.
(e)(1)The fee imposed by paragraph (2) of subdivision (b) shall not be operative on or after July 1, 2012, unless the department receives, on or before January 1, 2012, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill owners representing at least 50 percent of the total volume of waste disposed of in 2010.
(2)The department shall notify the state board, on or before February 29, 2012, if the fee imposed by paragraph (2) of subdivision (b) shall become operative pursuant to paragraph (1).
SEC. 2.SEC. 3.Section 48001 of the Public Resources Code is amended to read:48001.(a)The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.
(b)The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.
SEC. 3.SEC. 4.Section 48004 of the Public Resources Code is amended to read:48004.(a)The money in the account shall be used by the department, upon appropriation by the Legislature, for the following purposes:
(1)The administration and implementation of this division by the department, including a prudent reserve.
(2)The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.
(b)It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.
(c)Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the department.
(a)Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department department, of Resources Recycling and Recovery, of all solid waste disposed of at each disposal site.
(b)(1)The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton.
(2)On and after July 1, 2012, the amount of the fee established by the Department of Resources Recycling and Recovery department pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill whose owner has notified the department that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to Article 2.1 (commencing with Section 48010).
(c)The Department of Resources Recycling and Recovery department shall notify the state board on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to paragraphs (1) and (2) of subdivision (b).
(d)The Department of Resources Recycling department and Recovery and the state board shall ensure that all of the fees for solid waste imposed pursuant to this section that are collected at a transfer station are paid to the state board in accordance with this article.
(e)(1)The fee imposed by paragraph (2) of subdivision (b) shall not be operative on or after July 1, 2012, unless the Department of Resources Recycling and Recovery department receives, on or before January 1, 2012, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill owners representing at least 50 percent of the total volume of waste disposed of in 2010.
(2)The Department of Resources Recycling and Recovery department shall notify the state board, on or before February 29, 2012, if the fee imposed by paragraph (2) of subdivision (b) shall become operative pursuant to paragraph (1).
SEC. 2.Section 48001 of the Public Resources Code is amended to read:48001.(a)The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.
(b)The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.
SEC. 3.Section 48004 of the Public Resources Code is amended to read:48004.(a)The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:
(1)The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.
(2)The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.
(b)It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.
(c)Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.
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Date
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Status
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| May 15, 2018 | In committee: Set, final hearing. Hearing canceled at the request of author. |
| Jun 15, 2017 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jun 13, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 1, 2017 | Referred to Com. on EQ. |
| May 22, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 13. Page 1661.) |
| May 18, 2017 | Read second time. Ordered to third reading. |
| May 17, 2017 | From committee: Do pass. (Ayes 12. Noes 5.) (May 17). |
| May 2, 2017 | Re-referred to Com. on APPR. |
| May 1, 2017 | Read second time and amended. |
| Apr 27, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 24). |
| Apr 19, 2017 | Re-referred to Com. on NAT. RES. |
| Apr 18, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 13, 2017 | Referred to Com. on NAT. RES. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| May 22, 2017 | AB 1288 EGGMAN Assembly Third Reading | Assembly Floor |
Passed |
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| May 17, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 24, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | 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.
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Organization
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Position
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Date
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|---|---|---|
| California Compost Coalition | * Support | Apr 24, 2017 |
| California State Association Of Counties | ** Support | Apr 21, 2017 |
| Californians Against Waste | * Support | Apr 24, 2017 |
| Tri-City Economic Development Commission | ** Support | Apr 21, 2017 |
| Waste Management, Inc. & Affiliated Entities | * Support | Apr 24, 2017 |
ASSEMBLY THIRD READING
ATR Bill Id:AB 1288
Author:(Eggman)
As Amended Ver:May 1, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Natural Resources | 7-1 | Cristina Garcia, Chau, Eggman, Limón, McCarty, Muratsuchi, Mark Stone | Travis Allen |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Levine, Bonta, Calderon, Quirk, Eggman, Thurmond, Eduardo Garcia, Gray, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Requires the Department of Resources Recycling and Recovery (CalRecycle) to hold a public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure. Specifically, this bill:
- Requires CalRecycle, when adopting regulations that go into effect in 2022 to achieve organic reduction targets, to hold at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including existing public and private funding models and opportunities for new statewide funding sources.
- Specifies that CalRecycle use the funds in the Integrated Waste Management Account (IWMA) for the administration and implementation of the Integrated Waste Management Act (Act), including a prudent reserve.
EXISTING LAW, pursuant to the Act:
- Establishes a state recycling goal of 75% of solid waste generated be diverted from landfill disposal by 2020 through source reduction, recycling, and composting.
- Requires each local jurisdiction to divert 50% of solid waste from landfill disposal through source reduction, recycling, and composting.
- 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.
- Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.
- Establishes methane emission reduction goals that include targets to reduce the landfill disposal of organic waste 50% by 2020 and 75% by 2025 from the 2014 level. Requires CalRecycle, in consultation with the Air Resources Board (ARB), to adopt regulations to achieve the organics reduction targets, which go into effect in 2022.
- Authorizes CalRecycle to collect a solid waste tipping fee of up to $1.40 per ton of solid waste disposed of in California to be deposited into the IWMA.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has absorbable state costs.
COMMENTS: The current cap on the tipping fee was established over two decades ago in 1993. At that time, the tipping fee was set at $1.34 per ton, and authorized the California Integrated Waste Management Board (now CalRecycle) to increase the fee as needed, to a maximum of $1.40, beginning with the 1995-1996 fiscal year. The board acted on this authority six years later, and raised the state tipping fee to the maximum $1.40 on July 1, 2001.
Over the last few years, a number of bills have increased recycling requirements in the state. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Last year, SB 1383 (Lara), Chapter 395, Statutes of 2016 was enacted and requires CalRecycle, in consultation with ARB, to adopt regulations to achieve targets to reduce the landfill disposal of organic waste of 50% by 2020 and 75% by 2025 from the 2014 level, which go into effect in 2022.
Currently, organic materials make up one-third of the waste stream and food continues to be the highest single item disposed at over 15% of disposal. Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch. Other states have taken similar actions, and 23 have banned the disposal of green waste (i.e., yard trimmings and landscape waste) in landfills.
Recycling organic waste also has substantial greenhouse gas emissions reduction benefits. According to ARB, landfills emit nearly 8 million tons of carbon dioxide equivalent every year produced by the decomposition of organic materials. A recent report by the Intergovernmental Panel on Climate Change states that the global warming impact of methane is 34 times that of carbon dioxide over a 100-year period.
While increasing diversion has significant environmental benefits, it results in decreasing revenues for CalRecycle, which is funded by the state's solid waste tipping fee on waste disposed of in landfills. In order to address this combination of increasing challenges and decreasing revenues, CalRecycle will need to reevaluate its options for ongoing funding that will be sustainable as the state moves toward 75% recycling. This bill requires CalRecycle to hold a public workshop to gather input from stakeholders and the public about ways to fund the need for organics recycling infrastructure.
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0000468
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1288
Author:(Eggman) – As Amended Ver:May 1, 2017
Policy Committee: | Natural Resources | Vote: | 7 - 1 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires CalRecycle, when adopting regulations that go into effect in 2022 to achieve organic reduction targets, to hold at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including existing public and private funding models and opportunities for new statewide funding sources.
FISCAL EFFECT:
Absorbable state costs.
COMMENTS:
- Purpose. This bill requires CalRecycle to hold a public workshop to gather input from stakeholders and the public about ways to fund the need for organics recycling infrastructure.
- History of the state's tipping fee. The current cap on the tipping fee was established over two decades ago in 1993. At that time, the tipping fee was set at $1.34 per ton, and authorized the California Integrated Waste Management Board (now CalRecycle) to increase the fee as needed, to a maximum of $1.40, beginning with the 1995-1996 fiscal year. The board acted on this authority six years later, and raised the state tipping fee to the maximum $1.40 on July 1, 2001.
- CalRecycle's expanded jurisdiction and shrinking revenues. Over the last few years, a number of bills have increased recycling requirements in the state. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. AB 1383 (Lara), Chapter 395, Statutes of 2016, requires CalRecycle, in consultation with the California Air Resources Board (ARB), to adopt regulations (by 2022) to achieve targets to reduce the landfill disposal of organic waste of 50% by 2020 and 75% by 2025 from the 2014 level.
Currently, organic materials make up one-third of the waste stream and food continues to be the highest single item disposed at over 15% of disposal. Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch. Other states have taken similar actions, and 23 have banned the disposal of green waste (i.e., yard trimmings and landscape waste) in landfills.
Recycling organic waste also has substantial greenhouse gas emissions (GHG) reduction benefits. According to ARB, landfills emit nearly 8 million tons of carbon dioxide equivalent every year produced by the decomposition of organic materials. A recent report by the Intergovernmental Panel on Climate Change states that the global warming impact of methane is 34 times that of carbon dioxide over a 100-year period.
While increasing diversion has significant environmental benefits, it results in decreasing revenues for CalRecycle, which is funded by the state's solid waste tipping fee on waste disposed of in landfills. In order to address this combination of increasing challenges and decreasing revenues, CalRecycle will need to reevaluate its options for ongoing funding that will be sustainable as the state moves toward 75% recycling.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 24, 2017
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Cristina Garcia, Chair
ABPCA Bill Id:AB 1288 (
Author:Eggman) – As Amended Ver:April 18, 2017
SUBJECT: Solid waste: charges
SUMMARY: Requires the Department of Resources Recycling and Recovery (CalRecycle) to hold a public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure.
EXISTING LAW, pursuant to the Integrated Waste Management Act (Act):
- Establishes a state recycling goal of 75% of solid waste generated be diverted from landfill disposal by 2020 through source reduction, recycling, and composting.
- Requires each local jurisdiction to divert 50% of solid waste from landfill disposal through source reduction, recycling, and composting.
- 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.
- Requires generators of specified amounts of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material.
- Establishes methane emission reduction goals that include targets to reduce the landfill disposal of organic waste 50% by 2020 and 75% by 2025 from the 2014 level. Requires CalRecycle, in consultation with the Air Resources Board (ARB), to adopt regulations to achieve the organics reduction targets, which go into effect in 2022.
- Authorizes CalRecycle to collect a solid waste tipping fee of up to $1.40 per ton of solid waste disposed of in California to be deposited into the Integrated Waste Management Account (IWMA).
THIS BILL:
- Requires CalRecycle, when adopting regulations that go into effect in 2022 to achieve organic reduction targets, to hold at least one public workshop to discuss funding strategies for new and expanded organic waste reduction infrastructure, including existing public and private funding models and opportunities for new statewide funding sources.
- Requires CalRecycle and the State Board of Equalization (BOE) to ensure that all state fees collected for solid waste disposal are remitted to BOE in accordance with existing law.
- Specifies that CalRecycle use the funds in the IWMA for the administration and implementation of the Act, including a prudent reserve.
FISCAL EFFECT: Unknown
COMMENTS:
- History of the state's tipping fee. The current cap on the tipping fee was established over two decades ago in 1993. At that time, the tipping fee was set at $1.34 per ton, and authorized the California Integrated Waste Management Board (now CalRecycle) to increase the fee as needed, to a maximum of $1.40, beginning with the 1995-1996 fiscal year. The board acted on this authority six years later, and raised the state tipping fee to the maximum $1.40 on July 1, 2001.
- CalRecycle's expanded jurisdiction and shrinking revenues. Over the last few years, a number of bills have increased recycling requirements in the state. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Last year, AB 1383 (Lara), Chapter 395, Statutes of 2016 was enacted and requires CalRecycle, in consultation with ARB, to adopt regulations to achieve targets to reduce the landfill disposal of organic waste of 50% by 2020 and 75% by 2025 from the 2014 level, which go into effect in 2022.
Currently, organic materials make up one-third of the waste stream and food continues to be the highest single item disposed at over 15% of disposal. Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments, and mulch. Other states have taken similar actions, and 23 have banned the disposal of green waste (i.e., yard trimmings and landscape waste) in landfills.
Recycling organic waste also has substantial greenhouse gas emissions reduction benefits. According to ARB, landfills emit nearly 8 million tons of carbon dioxide equivalent every year produced by the decomposition of organic materials. A recent report by the Intergovernmental Panel on Climate Change states that the global warming impact of methane is 34 times that of carbon dioxide over a 100-year period.
While increasing diversion has significant environmental benefits, it results in decreasing revenues for CalRecycle, which is funded by the state's solid waste tipping fee on waste disposed of in landfills. In order to address this combination of increasing challenges and decreasing revenues, CalRecycle will need to reevaluate its options for ongoing funding that will be sustainable as the state moves toward 75% recycling. This bill requires CalRecycle to hold a public workshop to gather input from stakeholders and the public about ways to fund the need for organics recycling infrastructure.
- Suggested amendment. This bill includes a provision regarding the collection of fees that is the result of a drafting error. The committee may wish to amend the bill to remove Section 48001.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Association of Counties
Californians Against Waste
Tri-City Economic Development Commission
Opposition
None on file
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /
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