Bill Text: CA AB1985 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Organic waste: recovered organic waste product procurement targets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 344, Statutes of 2022. [AB1985 Detail]
Download: California-2021-AB1985-Amended.html
SEC. 2. Section 42656 is added to the Public Resources Code , to read: 42656.
Bill Title: Organic waste: recovered organic waste product procurement targets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 344, Statutes of 2022. [AB1985 Detail]
Download: California-2021-AB1985-Amended.html
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Amended
IN
Senate
June 30, 2022 |
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Amended
IN
Senate
June 13, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1985
| Introduced by Assembly Member Robert Rivas |
February 10, 2022 |
An act to amend Section 42652.5 of, and to add Section 42656 to, of the Public Resources Code, relating to organic waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1985, as amended, Robert Rivas.
Organic waste: recovered organic waste product procurement targets: list of available products. targets.
Existing law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the methane emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals that include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025
and that may include penalties to be imposed by the department for noncompliance, as provided. The department‘s regulations provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each local jurisdiction.
This bill would require the department’s regulations to allow a local jurisdiction to procure a product made from California, landfill-diverted recovered organic waste, as provided, to comply with these recovered organic waste product procurement target requirements. The bill would allow a local jurisdiction, in procuring recovered organic waste products, to utilize California-derived recovered organic waste that is processed outside of the state. The bill would require the department’s regulations to also allow a local jurisdiction, in meeting its recovered organic waste product procurement target, to plan and implement specified projects as an alternative to procuring recovered organic waste products, if the local jurisdiction demonstrates to the department’s satisfaction that the project will contribute to a reduction in the level of organic waste that is disposed, as provided.
The bill would require any penalties imposed by the department on a local jurisdiction that fails to meet its recovered organic waste procurement target to be imposed pursuant to a specified schedule based on the percentage of the local jurisdiction’s recovered organic waste product procurement target achieved.
This bill would
also require the department to compile and maintain on its internet website a list, organized by ZIP Code, of information regarding persons or entities that produce and have available in the state organic waste products and update the list at least every 6 months. The bill would require that a person or entity seeking to be on the list send a written request to the department that includes certain information, including a description of the available organic waste products. The bill would also require the department to verify the accuracy of the information provided prior to posting the information on its internet website.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42652.5 of the Public Resources Code is amended to read:42652.5.
(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 local jurisdiction.
(5) (A) 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.
(B) Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
(i) On or after January 1, 2023, no local jurisdiction shall be subject to an administrative civil penalty unless it fails to procure a quantity of recovered organic waste products that meets
or
exceeds 25 33 percent of its recovered organic waste product procurement target.
(ii) On or after January 1, 2024, no local jurisdiction shall be subject to an administrative civil penalty unless it fails to procure a quantity of recovered organic waste products that meets or exceeds 50 66 percent of its recovered organic waste product procurement target.
(iii) On or after January 1, 2025, no local jurisdiction shall be subject
to an administrative civil penalty unless it fails to procure a quantity of recovered organic waste products that meets or exceeds 75 100 percent of its recovered organic waste product procurement target.
(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.
(7) Shall allow a local jurisdiction to procure a product made from California, landfill-diverted recovered organic waste processed at a permitted or otherwise authorized operation or facility, as well as the recovered organic
waste products identified in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, to comply with the requirements of Article 12 (commencing with Section 18993.1) of Title 14 of the California Code of Regulations. In procuring recovered organic waste products, a local jurisdiction may utilize California-derived recovered organic waste that is processed outside of the state.
(8)Shall allow a local jurisdiction, in achieving its recovered organic waste product procurement target established pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, to plan and implement projects, including, but not limited to, edible food recovery and prevention, carbon farming, healthy soils, landscaper trainings, or green building measures, as an alternative to procuring recovered organic waste products. A local jurisdiction shall demonstrate to the department’s satisfaction that the project will contribute to a reduction in the level of organic waste disposed that is equivalent to the reduction that would be achieved by the local jurisdiction meeting or exceeding its annual recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations.
(b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section.
(c) A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
(1) Administrative civil penalty relief for the 2022 calendar year pursuant
to subdivision (d).
(2) A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(d) (1) For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (5) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (5) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
(2) For
violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
(3) If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
(4) Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
(e) The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body
of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
(1) A description, with specificity, of the continuing violations.
(2) A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
(3) A description of the impacts of the COVID-19 pandemic on compliance.
(4) A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The
proposed actions shall be tailored to remedy the violations in a timely manner.
(f) The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
(g) Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and
appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
(h) (1) The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Senate Bill 619 of the 2021–22 Regular Session as emergency regulations.
(2) Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
(a)The department shall compile and maintain on its internet website, and update at least every six months, a list of persons or entities that produce and have available in the state organic waste products.
(b)A person or entity seeking to be included on the list compiled by the department pursuant to subdivision (a) shall send to the department a written request that includes all of the following information:
(1)The name and contact information for the person or entity seeking to be included on the list.
(2)The location of the facility at which
the organic waste products are available.
(3)A description of the type of facility that generated or generates the organic waste products.
(4)A description of the available organic waste products.
(c)In compiling the list pursuant to subdivision (a), the department shall do all of the following:
(1)Verify the accuracy of the information provided by a person or entity requesting to be included on the list pursuant to subdivision (b) prior to including that person or entity on the list.
(2)Post on its internet website, once verified, the information provided by a person or entity requesting to be
included on the list pursuant to subdivision (b).
(3)Ensure that the list compiled pursuant to subdivision (a) is organized by ZIP Code to allow local governments to quickly search for organic waste products available in the state.
