Bill Text: CA AB1126 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Solid waste: engineered municipal solid waste (EMSW) conversion.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-09-28 - Chaptered by Secretary of State - Chapter 411, Statutes of 2013. [AB1126 Detail]

Download: California-2013-AB1126-Amended.html

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BILL NUMBER: AB 1126	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Members Gordon and Mullin
   (Principal coauthor: Assembly Member Wilk)

                        FEBRUARY 22, 2013

   An act to amend Section  42649   40106 
of the Public Resources Code, relating to  recycling
  solid waste  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1126, as amended, Gordon.  Recycling: businesses.
  Solid waste: biomass conversion.  
   The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan. With certain exceptions, the source reduction and
recycling element of that plan is required to divert 50% of all solid
waste, through source reduction, recycling, and composting
activities. Existing law allows the 50% diversion requirement to
include, pursuant to specified conditions, not more than 10% through
biomass conversion defined as the controlled combustion of specific
materials for use in producing electricity or heat.  
   This bill would revise the definition of biomass conversion to
specify that it includes other thermal conversion of those materials.
 
   Existing law requires a business, defined to include a commercial
or public entity, that generates 4 cubic yards or more of commercial
solid waste per week or is a multifamily residential dwelling of 5
units, or more to arrange for recycling services.  
   This bill would make a technical change to a statement of
legislative intent regarding this program. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 40106 of the   Public
Resources Code   is amended to read: 
   40106.  (a) "Biomass conversion" means the controlled combustion,
 or other thermal conversion,  when separated from other
solid waste and used for producing electricity or heat, of the
following materials:
   (1) Agricultural crop residues.
   (2) Bark, lawn, yard, and garden clippings.
   (3) Leaves, silvicultural residue, and tree and brush pruning.
   (4) Wood, wood chips, and wood waste.
   (5) Nonrecyclable pulp or nonrecyclable paper materials.
   (b) "Biomass conversion" does not include the controlled
combustion of recyclable pulp or recyclable paper materials, or
materials that contain sewage sludge, industrial sludge, medical
waste, hazardous waste, or either high-level or low-level radioactive
waste.
   (c) For purposes of this section, "nonrecyclable pulp or
nonrecyclable paper materials" means either of the following, as
determined by the  board:   department: 
   (1) Paper products or fibrous materials that cannot be
technically, feasibly, or legally recycled because of the manner in
which the product or material has been manufactured, treated, coated,
or constructed.
   (2) Paper products or fibrous materials that have become soiled or
contaminated and as a result cannot be technically, feasibly, or
legally recycled. 
  SECTION 1.    Section 42649 of the Public
Resources Code is amended to read:
   42649.  (a) It is the intent of the Legislature to require
businesses to recycle the commercial solid waste that they generate.
   (b) It is the intent of the Legislature to allow jurisdictions
flexibility in developing and maintaining commercial solid waste
recycling programs.
   (c) It is the intent of the Legislature to reduce greenhouse gas
emissions by diverting commercial solid waste to recycling efforts
and to expand the opportunity for additional recycling services and
recycling manufacturing facilities in California.