Bill Text: CA SB613 | 2023-2024 | Regular Session | Amended

California Senate Bill 613

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

Bill Title: Organic waste: reduction goals: local jurisdictions: low-population waiver.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 878, Statutes of 2023. [SB613 Detail]

Download: California-2023-SB613-Amended.html

Amended IN Senate April 11, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 613

Introduced by Senator Seyarto

February 15, 2023

An act to add Section 42652.8 to the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

SB 613, as amended, Seyarto. Organic waste: reduction goals: local jurisdictions: low-population exemption.

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 certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.

Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance.

This bill would exempt a local jurisdiction, as defined, from those requirements and regulations until December 31, 2028, if the local jurisdiction disposes of ~~less~~ fewer than 5,000 tons of solid waste per year and has fewer than 7,500 people, as provided. Beginning January 1, 2027, the bill would authorize the department, in its discretion, to provide cities and counties meeting those conditions with an extended recovered organic waste product target schedule, as provided.

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

The people of the State of California do enact as follows:

SECTION 1.

Section 42652.8 is added to the Public Resources Code, to read:

42652.8.

(a) (1) Notwithstanding any other law or regulation, subject to the requirements of subdivision (b), a local jurisdiction is exempt from the requirements imposed by this chapter and its implementing regulations until December 1, 2028, if the local jurisdiction disposes of ~~less~~ fewer than 5,000 tons of solid waste per year and has fewer than 7,500 people. ~~For the purposes of this section, “local jurisdiction” includes a city, county, a city and county, or a special district.~~

~~(b)~~

(2) A local jurisdiction in possession of a low population waiver pursuant to subdivision (a) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2023, may qualify for an exemption until December 1, 2028, pursuant to ~~subdivision (a).~~ paragraph (1).

(b) A local jurisdiction seeking a low population exemption pursuant to paragraph (1) of subdivision (a) shall apply to the department. The application shall include both of the following:
(1) Information that establishes that the local jurisdiction meets the criteria in subdivision (a).
(2) The number of tons of solid waste that the local jurisdiction disposed of in 2014 if the local jurisdiction has not submitted the 2014 data directly to the department’s disposal reporting system in 2014.
(c) Beginning January 1, 2027, the department may, in its discretion, provide cities and counties that meet the criteria described in subdivision (a) with an extended recovered organic waste product target schedule, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(d) For the purposes of this section, “local jurisdiction” includes a city, a county, a city and county, or a special district.