Bill Text: CA AB478 | 2009-2010 | Regular Session | Amended
Bill Title: Greenhouse gas emissions: recycling and waste management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-08-17 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB478 Detail]
Download: California-2009-AB478-Amended.html
BILL NUMBER: AB 478 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 16, 2009
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 24, 2009
An act to amend Section 38562 of the Health and Safety
Code Sections 43020 and 43021 of, and to add Chapter
20 (commencing with Section 42970) to Part 3 of Division 30 of, the
Public Resources Code , relating to greenhouse gas emissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 478, as amended, Chesbro. Greenhouse gas emissions:
solid recycling and waste management
.
Existing law, the California Global Warming Solutions Act of 2006,
requires the State Air Resources Board to adopt greenhouse gas
emissions limits and emission reduction measures by regulation. The
state board is required to approve a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020.
The California Integrated Waste Management Act of 1989, which is
administered by the California Integrated Waste Management Board,
requires the board to implement various state programs designed to
encourage the reduction of solid waste.
This bill would require the state board to consult with
the California Integrated Waste Management Board
in developing the regulations to include rules for the reduction of
greenhouse gas emissions from solid waste reduction and recycling
, in consultation with the State Air Resources Board
and the State Water Resources Control Board, to adopt rules and
regulations relating to recycling and solid waste management to
reduce greenhouse gas emissions, and would subject violators of these
rules and regulations to civil and criminal penalties .
By creating a new crime, the bill would impose a state-mandated
local program.
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: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Since the enactment of the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), an extensive material collection and
recycling infrastructure has been created, resulting in the
achievement of a statewide diversion rate beyond 50 percent and the
reduction of three million metric tons of carbon dioxide.
(b) All solid waste should be properly managed in order to
minimize the generation of waste, maximize the diversion of solid
waste from landfills, and manage all solid waste to its highest and
best use, in accordance with the waste management hierarchy and in
support of the California Global Warming Solutions Act of 2006.
(c) A comprehensive array of solid waste diversion programs will
result in an actual reduction in disposal tonnage and greenhouse gas
emissions.
(d) Although the state now leads the nation in solid waste
reduction and recycling, the state continues to dispose of more than
40 million tons of solid waste each year, which is more than the
national average on a per capita basis. Additional efforts must be
undertaken to divert more solid waste from disposal in order to
reduce the production of greenhouse gas emissions statewide.
(e) The anaerobic decomposition of solid waste in landfills
produces methane, a greenhouse gas 21 times more potent than carbon
dioxide.
(f) Greenhouse gas emissions can be substantially reduced by
properly managing all materials to minimize the generation of waste,
maximizing the diversion of solid waste from landfills, and capturing
methane emissions to be put to their highest and best use.
(g) Reducing waste and materials at the source of generation,
increased use of compost to benefit soils, coupled with increased
recycling and extended producer responsibility, have the potential to
reduce emissions, both within the state and within the connected
global economy.
(h) According to the State Air Resources Board's Climate Change
Scoping Plan, further implementation of aggressive high recycling and
source reduction measures has the potential to offset as much as
nine million metric tons of carbon dioxide by 2020.
SEC. 2. Chapter 20 (commencing with Section 42970)
is added to Part 3 of Division 30 of the Public Resources
Code , to read:
CHAPTER 20. GREENHOUSE GAS REDUCTION MEASURES
42970. The board, in consultation with the State Air Resources
Board and the state water board, shall adopt rules and regulations
relating to recycling and sold waste management to reduce greenhouse
gas emissions, including, but not limited to, the measures described
in the plan adopted by the State Air Resources Board pursuant to
Section 38561 of the Health and Safety Code.
42973. Any person who violates a rule or regulation adopted
pursuant to Section 42970 shall be subject to the penalties described
in Section 38580 of the Health and Safety Code. For the purposes of
this section, "state board," as used in Section 38580 of the Health
and Safety Code, means the board.
42975. This chapter does not limit the authority of the State Air
Resources Board under Division 25.5 (commencing with Section 38500)
of the Health and Safety Code.
SEC. 3. Section 43020 of the Public
Resources Code is amended to read:
43020. The board shall adopt and revise regulations
which that set forth minimum standards for solid
waste handling, transfer, composting, transformation, and disposal,
in accordance with this division, and Section 117590 of, and Chapter
6.5 (commencing with Section 25100) of Division 20 of, the Health and
Safety Code. The Except as provided in
Chapter 20 (commencing with Section 42970) of Part 3, the board
shall not include any requirements that are already under the
authority of the State Air Resources Board for the prevention of air
pollution or of the state water board for the prevention of water
pollution.
SEC. 4. Section 43021 of the Public
Resources Code is amended to read:
43021. Regulations shall include standards for the design,
operation, maintenance, and ultimate reuse of solid waste facilities,
but shall not include aspects of solid waste handling or disposal
which that are solely of local concern
or which , except as provided in Chapter 20
(commencing with Section 42970) of Part 3, that are within the
jurisdiction of the State Air Resources Board, air pollution control
districts and air quality management districts, or the state water
board or regional water boards.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 2. Section 38562 of the Health and Safety
Code is amended to read:
38562. (a) On or before January 1, 2011, the state board shall
adopt greenhouse gas emission limits and emission reduction measures
by regulation to achieve the maximum technologically feasible and
cost-effective reductions in greenhouse gas emissions in furtherance
of achieving the statewide greenhouse gas emissions limit, to become
operative beginning on January 1, 2012.
(b) In adopting regulations pursuant to this section and Part 5
(commencing with Section 38570), to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:
(1) Design the regulations, including distribution of emissions
allowances where appropriate, in a manner that is equitable, seeks to
minimize costs and maximize the total benefits to California, and
encourages early action to reduce greenhouse gas emissions.
(2) Ensure that activities undertaken to comply with the
regulations do not disproportionately impact low-income communities.
(3) Ensure that entities that have voluntarily reduced their
greenhouse gas emissions prior to the implementation of this section
receive appropriate credit for early voluntary reductions.
(4) Ensure that activities undertaken pursuant to the regulations
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminant emissions.
(5) Consider cost-effectiveness of these regulations.
(6) Consider overall societal benefits, including reductions in
other air pollutants, diversification of energy sources, and other
benefits to the economy, environment, and public health.
(7) Minimize the administrative burden of implementing and
complying with these regulations.
(8) Minimize leakage.
(9) Consider the significance of the contribution of each source
or category of sources to statewide emissions of greenhouse gases.
(c) In furtherance of achieving the statewide greenhouse gas
emissions limit, by January 1, 2011, the state board may adopt a
regulation that establishes a system of market-based declining annual
aggregate emission limits for sources or categories of sources that
emit greenhouse gas emissions, applicable from January 1, 2012, to
December 31, 2020, inclusive, that the state board determines will
achieve the maximum technologically feasible and cost-effective
reductions in greenhouse gas emissions, in the aggregate, from those
sources or categories of sources.
(d) Any regulation adopted by the state board pursuant to this
part or Part 5 (commencing with Section 38570) shall ensure all of
the following:
(1) The greenhouse gas emission reductions achieved are real,
permanent, quantifiable, verifiable, and enforceable by the state
board.
(2) For regulations pursuant to Part 5 (commencing with Section
38570), the reduction is in addition to any greenhouse gas emission
reduction otherwise required by law or regulation, and any other
greenhouse gas emission reduction that otherwise would occur.
(3) If applicable, the greenhouse gas emission reduction occurs
over the same time period and is equivalent in amount to any direct
emission reduction required pursuant to this division.
(e) The state board shall rely upon the best available economic
and scientific information and its assessment of existing and
projected technological capabilities when adopting the regulations
required by this section.
(f) The state board shall consult with the Public Utilities
Commission in the development of the regulations as they affect
electricity and natural gas providers in order to minimize
duplicative or inconsistent regulatory requirements.
(g) The state board shall consult with the California Integrated
Waste Management Board in the development of the regulations to
include rules for the reduction of greenhouse gas emissions from
solid waste reduction and recycling.
(h) After January 1, 2011, the state board may revise regulations
adopted pursuant to this section and adopt additional regulations to
further the provisions of this division.
