Full Text
AGENDA BILL Agenda Item No. 5(B) Date: June 4, 2013 To: El Cerrito City Council From: Garth Schultz, Environmental Analyst Subject: Letter of support for AB323 (Chesbro) Greenwaste / Food Scrap Recovery & Composting ACTION REQUESTED Approve a recommendation authorizing Mayor Lyman to send letters to Assembly Member Wesley Chesbro and other appropriate legislators and legislative bodies expressing the City Council’s support of Assembly Bill 323 regarding Greenwaste / Food Scrap Recovery & Composting. BACKGROUND & ANALYSIS El Cerrito’s recently adopted Climate Action Plan (CAP) set an ambitious target of reducing the amount of waste El Cerrito sends to landfills at 4,000 tons per year by 2020. This is approximately 2,800 fewer tons than are projected to be landfilled in 2014. Reducing El Cerrito’s annual landfilled tons by this amount will require a 6% reduction in landfilled waste per year between 2014 and 2020. As described in the CAP, meeting this target will require more than just local action – regional and statewide legislation will also be necessary to achieve El Cerrito’s goals. El Cerrito’s waste reduction goals, as stated in the CAP, are based on assumptions that El Cerrito could prevent up to 50% of greenwaste and food scraps from being landfilled. Given that a third of the material going to landfills in California is readily compostable, passing statewide legislation that would get rid of disincentives to recycle organics and require large generators of organic waste to subscribe to appropriate collection (e.g. green waste) services could help El Cerrito decrease landfilled tons by approximately 250 to 500 tons (3.5 % to per year. On May 14, 2013, the El Cerrito Environmental Quality Committee (EQC) unanimously passed a motion recommending that the City Council support AB 323 and authorize the Mayor to send support letters on behalf of the Council. ENVIRONMENTAL CONSIDERATIONS There is no direct environmental impact associated with the support of AB323. If AB323 were to be passed and implemented in its current form, the resulting policies could help El Cerrito divert approximately 250 to 500 tons of organic materials from landfills annually. ---PAGE BREAK--- Agenda Item No. 5(8) FINANCIAL CONSIDERATIONS There is no financial obligation associated with the requested action. Scott Hanin, City Manager Attachments: 1. AB323 Draft Support Letter 2. AB323 Legislative History, Status, and Text . ; 'f Page 2 ---PAGE BREAK--- OFFICE OF THE MAYOR Gregory B. Lyman CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org June 4, 2013 Assembly Member Wesley Chesbro State Capitol, Rm. 2141 Sacramento, CA 95814 Re: AB 323 (Chesbro) Greenwaste / Food Scrap Recovery & Composting Dear Assembly Member Chesbro: I am writing to express the El Cerrito City Council’s strong support for Assembly Bill 323 (Chesbro). AB 323 presents a package of policies that will drive the recycling of yard trimming and food scraps, not only resulting in a reduction of pollution and greenhouse gases, but also creating jobs and supporting a burgeoning clean tech industry. Despite California's robust recycling infrastructure for traditional recyclables, the state continues to landfill organic materials, such as yard trimmings and food scraps, at an alarming rate. In fact, food is the most prevalent item in our waste stream and a third of the material going to landfills is readily compostable. This is simply unacceptable, and, in the context of achieving a 75% recycling rate and strict greenhouse gas limits, it would be irresponsible not to recycle this material. Tackling this waste stream is an integral part of achieving the goals in AB 341 and AB 32. According to CalRecycle “the 75% goal cannot be reached unless a significant amount of organics now being landfilled is instead used in new composting/AD facilities,” and the Air Resources Board has repeatedly identified the importance of composting and anaerobic digestion to reduce greenhouse gases. Nonetheless, the building of organics processing infrastructure has been hindered by a complex regulatory structure and state policies that have supported low-cost disposal alternatives. AB 323 is a comprehensive approach to tackling the organic fraction of the waste stream that parallels AB 341 and builds on CalRecycle’s existing Strategic Directive, which proposes that organics in landfill be reduced by 50 percent by 2020. Moreover, this bill has the potential to reduce greenhouse gases by more than 4 million tons of CO2 each year, create renewable energy and fuels, and generate four times more jobs than landfilling the same material. For these reasons, El Cerrito is pleased to support this important legislation. Sincerely, Gregory B. Lyman Mayor Agenda Item No. 5(B) Attachment 1 ---PAGE BREAK--- AB 323 Assembly Bill - History file:///HI/Policy/Support%20AB323/AB%20323%20Assembly%20Bill%20-%20History.htm[5/28/2013 9:16:48 AM] COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 323 AUTHOR : Chesbro TOPIC : Solid waste: recycling: diversion: green materials. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2013 May 24 In committee: Set, first hearing. Referred to APPR. suspense file. In committee: Held under submission. May 15 In committee: Hearing postponed by committee. Apr. 30 From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes (April 29). Re-referred to Com. on APPR. Feb. 28 Referred to Com. on NAT. RES. Feb. 13 From printer. May be heard in committee March 15. Feb. 12 Read first time. To print. Agenda Item No. 5(B) Attachment 2a ---PAGE BREAK--- AB 323 Assembly Bill - Status file:///HI/Policy/Support%20AB323/AB%20323%20Assembly%20Bill%20-%20Status.htm[5/28/2013 9:17:21 AM] CURRENT BILL STATUS MEASURE : A.B. No. 323 AUTHOR(S) : Chesbro (Coauthor: Williams). TOPIC : Solid waste: recycling: diversion: green materials. HOUSE LOCATION : ASM TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 05/24/2013 LAST HIST. ACTION : In committee: Set, first hearing. Referred to APPR. suspense file. In committee: Held under submission. COMM. LOCATION : ASM APPROPRIATIONS TITLE : An act to amend Sections 41781.3, 42649.1, and 42649.2 of, and to add Section 41781.4 to, the Public Resources Code, relating to solid waste. Agenda Item No. 5(B) Attachment 2b ---PAGE BREAK--- california legislature—2013–14 regular session ASSEMBLY BILL No. 323 Introduced by Assembly Member Chesbro (Coauthor: Assembly Member Williams) February 12, 2013 An act to amend Sections 41781.3, 42649.1, and 42649.2 of, and to add Section 41781.4 to, the Public Resources Code, relating to solid waste. legislative counsel’s digest AB 323, as introduced, Chesbro. Solid waste: recycling: diversion: green materials. The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. Under the act, the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including the use of alternative daily cover, constitutes diversion through recycling and is not considered disposal. This bill would require the department to adopt regulations to provide that, no later than January 1, 2020, the use of green material as alternative daily cover or alternative intermediate cover does not constitute diversion through recycling and would be considered disposal for purposes of the act. The bill would authorize the department to delay 99 Agenda Item No. 5(B) Attachment 2c ---PAGE BREAK--- the effective date of this requirement, as specified. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the diversion of solid waste. This bill would require the department, by January 1, 2015, to conduct an analysis of the use of residual fines from material recovery facilities and materials left over from the composting process for use as alternative daily cover and other forms of beneficial use in the design and operation of a solid waste landfill. The bill would require the department to adopt regulations, by July 1, 2015, based on this analysis, if the department makes a specified determination that residual fines from material recovery facilities and materials left over from the composting process would serve as adequate daily cover. The act requires a business, which is defined as a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more, to arrange for recycling services. Existing law also requires jurisdictions to implement a commercial solid waste recycling program meeting specified elements. Existing law defines the term “commercial solid waste” by reference to a specified regulation. This bill would instead define commercial solid waste in statute to include all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of 5 or more units. The bill would also require the department to adopt, by January 1, 2017, regulations to require a large-quantity commercial organics generator, as defined, to arrange for separate organics collection and recycling services, except as specified. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the commercial solid waste program required to be implemented by local agencies. 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. 99 — 2 — AB 323 ---PAGE BREAK--- The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 With the enactment of the California Integrated Waste line 4 Management Act of 1989 (Division 30 (commencing with Section line 5 40000) of the Public Resources Code), the Legislature declared line 6 that the Department of Resources Recycling and Recovery line 7 (CalRecycle) and local agencies shall promote recycling, anaerobic line 8 digestion, and composting over land disposal and transformation. line 9 Since the enactment of the act, local governments and private line 10 industries have worked jointly to create an extensive material line 11 collection infrastructure and have implemented effective programs line 12 to achieve a statewide diversion rate greater than 50 percent. line 13 Although California now leads the nation in waste reduction line 14 and recycling, the state continues to dispose of more than 15 line 15 million tons of compostable organics each year in solid waste line 16 landfills. line 17 Composting or anaerobically digesting organic materials line 18 results in substantial environmental and agricultural benefits, line 19 including the reduction of naturally occurring volatile organic line 20 compounds and ammonia. line 21 The Economic and Technology Advancement Advisory line 22 Committee, formed pursuant to the California Global Warming line 23 Solutions Act of 2006 (Division 25.5 (commencing with Section line 24 38500) of the Health and Safety Code), has identified composting line 25 and anaerobic digestion as a cost-effective technology for reducing line 26 greenhouse gas emissions. line 27 The application of compost in agriculture and landscaping line 28 has been shown to offer significant water quality benefits, provide line 29 erosion control, reduce the need for fertilizers and line 30 pesticides, and conserve water and irrigation-associated energy. line 31 In 2007, the former state agency that preceded CalRecycle line 32 adopted a Strategic Directive 6.1 to reduce the amount of organics line 33 in the waste stream by 50 percent by the year 2020. line 34 To reduce the landfilling of organics, increase composting line 35 and anaerobic digestion, and meet the organics disposal reduction line 36 target adopted by CalRecycle, the state should reduce barriers to, line 37 and provide incentives for, increasing processing capacity and line 38 end-use markets for compostable organics. 99 AB 323 — 3 — ---PAGE BREAK--- line 1 SEC. 2. Section 41781.3 of the Public Resources Code is line 2 amended to read: line 3 41781.3. The use of solid waste for beneficial reuse line 4 in the construction and operation of a solid waste landfill, including line 5 use of alternative daily cover, which reduces or eliminates the line 6 amount of solid waste being disposed pursuant to Section 40124, line 7 shall constitute diversion through recycling and shall not be line 8 considered disposal for the purposes of this division. line 9 The department shall adopt regulations to provide that, no line 10 later than January 1, 2020, the use of green material, as defined line 11 in regulations by the department, as alternative daily cover or line 12 alternative intermediate cover, does not constitute diversion line 13 through recycling and shall be considered disposal for purposes line 14 of this division. line 15 When adopting regulations pursuant to paragraph the line 16 department may establish requirements for different regions of the line 17 state to be in effect on or before January 1, 2020, but not later line 18 than January 1, 2020. line 19 The department shall provide notice to all operators of line 20 disposal facilities of the requirements in the regulations adopted line 21 pursuant to paragraph one year before the effective date of the line 22 requirements. line 23 The department may, at its sole discretion, delay the effective line 24 date of the regulations required to be adopted pursuant to line 25 paragraph for up to two years if the department determines line 26 that sufficient regional green material processing infrastructure line 27 will not exist to handle this material. line 28 Prior to Before December 31, 1997, pursuant to the board’s line 29 department’s authority to adopt rules and regulations pursuant to line 30 Section 40502, the board department shall, by regulation, establish line 31 conditions for the use of alternative daily cover that are consistent line 32 with this division. In adopting the regulations, the board department line 33 shall consider, but is not limited to, all of the following criteria: line 34 Those conditions established in past policies adopted by the line 35 board department affecting the use of alternative daily cover. line 36 Those conditions necessary to provide for the continued line 37 economic development, economic viability, and employment line 38 opportunities provided by the composting industry in the state. 99 — 4 — AB 323 ---PAGE BREAK--- line 1 Those performance standards and limitations on maximum line 2 functional thickness necessary to ensure protection of public health line 3 and safety consistent with state minimum standards. line 4 Until Except as provided in paragraph of subdivision line 5 until the adoption of additional regulations, the use of line 6 alternative daily cover shall be governed by the conditions line 7 established by the board department in its existing former line 8 regulations set forth in paragraph of subdivision of, and line 9 paragraph of subdivision of, Section 18813 of Title 14 of line 10 the California Code of Regulations, as those sections read on the line 11 effective date of this section January 1, 1997, and by the conditions line 12 established in the board’s department’s policy adopted on January line 13 25, 1995. line 14 In adopting rules and regulations pursuant to this section, line 15 Section 40124, and this division, including, but not limited to, Part line 16 2 (commencing with Section 40900), the board department shall line 17 provide guidance to local enforcement agencies on any conditions line 18 and restrictions on the utilization of alternative daily cover so as line 19 to ensure proper enforcement of those rules and regulations. line 20 SEC. 3. Section 41781.4 is added to the Public Resources Code, line 21 to read: line 22 41781.4. On or before January 1, 2015, the department line 23 shall conduct an analysis of the effect on public health and safety, line 24 consistent with state minimum standards, of the use of residual line 25 fines from material recovery facilities and materials left over from line 26 the composting process for alternative daily cover and other forms line 27 of beneficial use in the design and operation of a solid waste line 28 landfill. line 29 On or before July 1, 2015, based on the analysis conducted line 30 pursuant to subdivision if the department determines that fines line 31 from material recovery facilities or materials left over from the line 32 composting process would serve as an adequate daily cover, the line 33 department shall adopt regulations for residual fines from material line 34 recovery facilities or materials left over from the composting line 35 process as an authorized material for use as alternative daily cover line 36 and beneficial reuse at solid waste facility landfills in the state, line 37 which regulations shall include performance standards and line 38 limitations on the maximum functional thickness necessary to line 39 ensure protection of public health and safety, consistent with state line 40 minimum standards. 99 AB 323 — 5 — ---PAGE BREAK--- line 1 The regulations adopted pursuant to subdivision shall line 2 include performance standards, and may include standards for line 3 screening, processing, and testing material recovery facility fines, line 4 to insure all of the following: line 5 The material does not contain hazardous materials above line 6 approved thresholds. line 7 The material performs adequately in its ability to control line 8 odors, vectors, litter, and scavenging. line 9 The use of the material does not negatively affect the line 10 conditions necessary to provide for the continued economic line 11 development, economic viability, and employment opportunities line 12 provided by the composting and recycling industries in the state. line 13 The regulations adopted pursuant to this section for the use line 14 of residual fines from materials recovery facilities for use as line 15 alternative daily cover or for beneficial reuse in the design and line 16 operation of a solid waste landfill, shall meet both of the following line 17 requirements: line 18 The regulations shall not allow the use of residual fines from line 19 mixed waste processing. line 20 The regulations shall require that any materials left over line 21 from the composting process used as alternative daily cover or line 22 beneficial reuse in the design and operation of a solid waste landfill line 23 not exceed 5 percent of the incoming material at the source line 24 compost facility, by weight. line 25 SEC. 4. Section 42649.1 of the Public Resources Code is line 26 amended to read: line 27 42649.1. For purposes of this chapter, the following terms line 28 mean the following shall apply: line 29 “Business” means a commercial or public entity, including, line 30 but not limited to, a firm, partnership, proprietorship, joint stock line 31 company, corporation, or association that is organized as a line 32 for-profit or nonprofit entity, or a multifamily residential dwelling. line 33 “Commercial solid waste” has the same meaning as defined line 34 in Section 17225.12 of Title 14 of the California Code of line 35 Regulations includes all types of solid waste generated by a store, line 36 office, or other commercial or public entity source, including a line 37 business or multifamily dwelling of five or more units. line 38 “Commercial waste generator” means a business subject to line 39 subdivision of Section 42649.2. 99 — 6 — AB 323 ---PAGE BREAK--- line 1 “Large-quantity commercial organics generator” means a line 2 business that generates significant amounts of organic waste, line 3 including, but not limited to, food waste and green materials, that line 4 is traditionally disposed of in a solid waste landfill, as determined line 5 by the department. line 6 line 7 “Self-hauler” means a business that hauls its own waste line 8 rather than contracting for that service. line 9 SEC. 5. Section 42649.2 of the Public Resources Code is line 10 amended to read: line 11 42649.2. On and after July 1, 2012, a business that line 12 generates four cubic yards or more of commercial solid waste per line 13 week or is a multifamily residential dwelling of five units or more line 14 shall arrange for recycling services, consistent with state or local line 15 laws or requirements, including a local ordinance or agreement, line 16 applicable to the collection, handling, or recycling of solid waste, line 17 to the extent that these services are offered and reasonably available line 18 from a local service provider. line 19 A commercial waste generator shall take at least one of the line 20 following actions: line 21 Source separate recyclable materials from solid waste and line 22 subscribe to a basic level of recycling service that includes line 23 collection, self-hauling, or other arrangements for the pickup of line 24 the recyclable materials. line 25 Subscribe to a recycling service that may include mixed line 26 waste processing that yields diversion results comparable to source line 27 separation. line 28 A property owner of a multifamily residential dwelling may line 29 require tenants to source separate their recyclable materials to aid line 30 in compliance with this section. line 31 On or before January 1, 2017, the department shall line 32 adopt regulations to require a large-quantity commercial organics line 33 generator to arrange for separate organics collection and recycling line 34 services that may include, but are not limited to, self-hauling. line 35 This paragraph does not apply to green material collected line 36 by a city, county, or other local agency. line 37 When adopting the regulations pursuant to paragraph line 38 the department may establish different timelines for different types line 39 of organic materials, different types of large-quantity commercial line 40 organics generators, and different regions of the state, but the 99 AB 323 — 7 — ---PAGE BREAK--- line 1 regulations shall require these requirements to be in effect no later line 2 than January 1, 2017. line 3 SEC. 6. No reimbursement is required by this act pursuant to line 4 Section 6 of Article XIIIB of the California Constitution because line 5 a local agency or school district has the authority to levy service line 6 charges, fees, or assessments sufficient to pay for the program or line 7 level of service mandated by this act, within the meaning of Section line 8 17556 of the Government Code. O 99 — 8 — AB 323