BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 341
                                                                  Page 1

          Date of Hearing:  April 25, 2011

                                Wesley Chesbro, Chair
                    AB 341 (Chesbro) - As Amended:  April 6, 2011
          SUBJECT  :  Solid waste:  diversion

           SUMMARY  :  Requires the state to divert 75% of its solid waste 
          annually on or by 2020; requires a commercial waste generator to 
          arrange for recycling services; and requires a local government 
          to implement a commercial solid waste recycling program designed 
          to divert solid waste from businesses.  

           EXISTING LAW  :

          1)Requires local governments to divert 50 percent of solid waste 
            disposed by their jurisdictions through source reduction, 
            recycling, and composting.

          2)Requires a local government to have a source reduction and 
            recycling plan that places primary emphasis on implementation 
            of all feasible source reduction, recycling, and composting 
            programs while identifying the amount of landfill and 
            transformation capacity that will be needed for solid waste 
            that cannot be reduced at the source, recycled, or composted.

          3)Requires a local government to have a nondisposal facility 
            plan that includes all solid waste facilities and solid waste 
            facility expansions that will help the local government reach 
            its waste diversion mandate.  Nondisposal facilities are 
            primarily materials recovery facilities (i.e., facilities 
            where recyclables are separated from waste or other 
            recyclables), compost facilities, and transfer stations, but 
            may also include recycling centers, drop-off centers, and 
            household hazardous waste facilities.

          4)Requires, as of 1994, a local government to have ordinances 
            relating to adequate areas for collection and loading of 
            recyclable materials at commercial, industrial, and 
            multifamily development projects.  Prohibits, as of 2005, a 
            local government from issuing a building permit to a 
            development project unless the development project provides 
            adequate space for collecting and loading recyclable 


                                                                  AB 341
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           THE BILL  :

          1)Requires, on or before January 1, 2020, and annually 
            thereafter, the Department of Resources Recycling and Recovery 
            (Department) to ensure that 75% of solid waste generated is 
            source reduced, recycled, or composted.  

          2)Requires a commercial waste generator to arrange for recycling 
            services to the extent that the services are offered and 
            reasonably available from a local service provider.  Defines 
            "commercial waste recycler" as the owner or operator of a 
            business that contracts for solid waste services and generates 
            more than four cubic yards of solid waste per week or is a 
            multifamily residential dwelling of five units or more.

          3)Requires a local government to implement a commercial solid 
            waste recycling program designed to divert solid waste from 

           FISCAL EFFECT  :  Unknown

           COMMENTS  :
          1)Background.   California is a national leader in diverting 
            waste from landfills by currently diverting 58% of all waste, 
            which is well above the state's 50% mandate.  The state has 
            achieved this goal in part by increasing recycling 
            opportunities through the Integrated Waste Management Act 
            (Division 30 (commencing with Section 40000) of the Public 
            Resources Code).  Despite the state's high diversion rate, 
            Californians still dispose more waste than the national 
            average. There are measures that can be taken, such as 
            mandatory commercial and multifamily residential recycling, 
            that will decrease the state's solid waste disposal and 
            increase its diversion rate. Additionally, a new waste 
            diversion goal of 75% will help facilitate more source 
            reduction, recycling, and composting in the state.

           2)Commercial Recycling.   According to the Department, the 
            commercial sector generates over 60% of waste disposed.  The 
            AB 32 Scoping Plan, adopted by the California Air Resources 
            Board in December 2008 in response to the California Global 
            Warming Solutions Act, calls for substantial increases in 
            recycling for the commercial sector and states that "this 


                                                                  AB 341
                                                                  Page 3

            could be implemented, for example, through voluntary or 
            mandatory programs, including protocols, enhanced partnerships 
            with local governments, and provision of appropriate financial 

           3)Multifamily Dwelling Recycling.   As for multifamily dwellings, 
            they generate more than 8% of the disposed waste stream in 
            California.  According to the sponsor, there are approximately 
            7.1 million Californians living in approximately 2.4 million 
            multifamily dwellings.  Most of these residents are renters, 
            but fewer that 40 percent of them have access to recycling 
            services where they live.  While a homeowner can choose to 
            recycle at home, a renter who wants to recycle at his/her 
            residence is not able to when the landlord does not provide 
            the opportunity to do so.  Additionally, a 2001 report 
            prepared by the California Integrated Waste Management Board, 
            "Recycling in Multifamily Dwellings," concluded that much of 
            the cost associated with providing recycling services at 
            multifamily dwellings is offset by reduced disposal fees.  

           4)Economy and Climate Change.   Overall, recycling provides 
            tremendous benefits to the state.  Not only does it conserve 
            natural resources, energy, and water, it also creates jobs and 
            builds California's economy and reduces greenhouse gas 

            According to Californians Against Waste, the recycling 
            industry accounts for more than 85,000 jobs and generates 
            nearly $4 billion annually in wages and produces $10 billion 
            worth of goods and services annually.  A June 2010 cost study 
            on commercial recycling published by the Department concluded 
            that a mandatory commercial recycling program in the state 
            could generate between 938 and 1,396 new full-time equivalent 
            jobs in recycling collection, support, supervisory, and 

            According to the Department, additional recovery of recyclable 
            materials will directly reduce greenhouse gas emissions.  
            Recycled materials can reduce the greenhouse gas emissions 
            from multiple phases of product production including 
            extraction of raw materials, preprocessing, and manufacturing. 
             Increased recycling also reduces methane emissions at 
            landfills resulting from the decomposition of organic 


                                                                  AB 341
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          Californians Against Waste

          California Refuse Recycling Council
          Blue Line Transfer, Inc.
          Burrtec Waste Industries, Inc.
          CR&R Incorporated
          Orange County Board of Supervisors
          Rainbow Disposal Co., Inc.
          Solid Waste Association of North America
          South San Francisco Scavenger Company
          Varner Bros., Inc.

          Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916)