Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 734

Introduced by Assembly Member Eduardo Garcia

February 16, 2021

An act to amend Section 47116 42652.5 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 734, as amended, Eduardo Garcia. Solid waste: home-generated sharps. Organic waste: reduction goals: edible food.
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40% below 2013 levels by 2030. Existing law requires the methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve those targets for reducing organic waste in landfills, and requires the regulations to include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of is recovered for human consumption by 2025.
This bill would revise that goal by authorizing recovery for animal or livestock consumption, in addition to recovery for human consumption, in order to recover, by 2025, not less than 20% of edible food that is disposed of as of January 1, 2022.

Existing law requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of hypodermic needles and other similar devices to annually submit to the Department of Resources Recycling and Recovery a plan that describes how the manufacturer supports the safe collection and proper disposal of the waste devices. Existing law requires the manufacturer and the department to post and maintain the plans on their respective internet websites.

This bill would make nonsubstantive changes to the latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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 as of January 1, 2022, is recovered for human consumption or animal or livestock 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 jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section.

SECTION 1.Section 47116 of the Public Resources Code is amended to read:
47116.

(a)The manufacturer shall post and maintain a copy of the plans required pursuant to Section 47115 on its internet website.

(b)The department shall post and maintain copies of the plans submitted by the manufacturers pursuant to Section 47115 on its internet website.