BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 341
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          ASSEMBLY THIRD READING
          AB 341 (Chesbro)
          As Amended  May 5, 2011
          Majority vote 

           NATURAL RESOURCES   5-3         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Chesbro, Brownley,        |Ayes:|Fuentes, Blumenfield,     |
          |     |Dickinson, Monning,       |     |Bradford, Charles         |
          |     |Skinner                   |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Knight, Grove, Halderman  |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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.  Specifically,  this 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 
            businesses.  

           EXISTING LAW  :









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          1)Requires local governments to divert 50% 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.  

          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 
            materials.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, unknown additional annual costs to the Department, 
          possibly in the hundred thousands of dollars, depending upon how 
          the Department decides to ensure waste diversion of 75%, as it 
          is directed to do by the bill.  (Integrated Waste Management 
          Account)

           COMMENTS  :  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.  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.








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          According to the Department, the commercial sector generates 
          over 60% of waste disposed.  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 than 40% 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.  

          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 emissions.  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 management.

          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 materials.

           
          Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916) 
          319-2092                                               FN: 
          0001072










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