Bill Text: CA AB876 | 2015-2016 | Regular Session | Chaptered

---

Bill Title: Compostable organics.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 593, Statutes of 2015. [AB876 Detail]

Download: California-2015-AB876-Chaptered.html

---

BILL NUMBER: AB 876	CHAPTERED
	BILL TEXT

	CHAPTER  593
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2015
	APPROVED BY GOVERNOR  OCTOBER 8, 2015
	PASSED THE SENATE  AUGUST 24, 2015
	PASSED THE ASSEMBLY  JUNE 3, 2015
	AMENDED IN ASSEMBLY  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member McCarty

                        FEBRUARY 26, 2015

   An act to add Section 41821.4 to the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 876, McCarty. Compostable organics.
   The 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. On and after January 1, 2000, the element is
required to provide for the diversion of 50% of the solid waste
subject to the element, except as specified, through source
reduction, recycling, and composting activities. Existing law
requires each city, county, and regional agency to submit an annual
report to the department summarizing its progress in reducing solid
waste.
   This bill would require, commencing August 1, 2017, a county or
regional agency to include in its annual report to the department an
estimate of the amount of organic waste in cubic yards that will be
generated in the county or region over a 15-year period, an estimate
of the additional organic waste recycling facility capacity in cubic
yards that will be needed to process that amount of waste, and areas
identified by the county or regional agency as locations for new or
expanded organic waste recycling facilities capable of safely meeting
that additional need, thereby imposing a state-mandated local
program. The bill would also make legislative findings and
declarations.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) With the enactment of the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), the Legislature required the
Department of Resources Recycling and Recovery and local agencies to
promote recycling, anaerobic digestion, and composting over land
disposal and transformation.
   (b) Since the enactment of the act, local governments and private
industries have worked jointly to create an extensive material
collection infrastructure and have implemented effective programs to
achieve a statewide diversion rate of greater than 50 percent.
   (c) Although California now leads the nation in waste reduction
and recycling, the state continues to dispose of more than 15 million
tons of compostable organics each year in solid waste landfills.
   (d) To reduce the landfilling of organics, increase composting and
anaerobic digestion, and meet the state's organic diversion goals,
cities and counties must plan for organics processing facilities that
can process organics diverted from landfills and organics waste
generators.
  SEC. 2.  Section 41821.4 is added to the Public Resources Code, to
read:
   41821.4.  (a) Commencing August 1, 2017, a county or regional
agency shall include, in the annual report required pursuant to
Section 41821, the following information:
   (1) An estimate of the amount of organic waste in cubic yards that
will be generated in the county or region over a 15-year period.
   (2) An estimate of the additional organic waste recycling facility
capacity in cubic yards that will be needed to process the amount of
organic waste identified pursuant to paragraph (1).
   (3) Areas identified by the county or regional agency as locations
for new or expanded organic waste recycling facilities capable of
safely meeting the additional organic waste recycling facility
capacity need identified pursuant to paragraph (2).
   (b) To provide the information pursuant to subdivision (a), the
county or regional agency may use existing data regarding its
diversion programs and is not required to perform additional waste
characterization studies.
   (c) For purposes of this section, "organic waste recycling
facility" has the same meaning as defined in paragraph (2) of
subdivision (d) of Section 42649.82.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.