BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 341|
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                                 THIRD READING


          Bill No:  AB 341
          Author:   Chesbro (D), et al.
          Amended:  7/7/11 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-1, 6/27/11
          AYES:  Simitian, Blakeslee, Hancock, Kehoe, Lowenthal, 
            Pavley
          NOES:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 8/25/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner

           ASSEMBLY FLOOR  :  48-28, 5/31/11 - See last page for vote


           SUBJECT  :    Solid waste:  diversion

           SOURCE  :     Californians Against Waste


           DIGEST  :    This bill requires the state to divert 75 
          percent of its solid waste annually on or by 2020; requires 
          a commercial waste generator to arrange for recycling 
          services; requires a local government to implement a 
          commercial solid waste recycling program designed to divert 
          solid waste from businesses; and also requires the 
          Department of Resources and Recycling and Recovery, on or 
          before January 1, 2014 to submit a report to the 
          Legislature that provides strategies to achieve the state's 
          policy goal that not less than 75 percent of added waste 
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          generated be source reduced, recycle, or composted by the 
          year 2020, and annually thereafter which is to include 
          specified information.

           ANALYSIS  :    

           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.

          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.

          This bill: 

          1. Requires local governments to update existing 
             non-disposal facility elements as conditions change and 
             provide that information to the Department of Resources 
             and Recycling and Recovery (DRRR).

          2. Requires the DRRR to "ensure" that 75 percent of 
             generated solid waste is diverted through source 
             reduction, recycling, or composting.  This bill 

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             prohibits the DRRR from imposing any enforceable 
             requirements on cities or counties. 

          3. Requires businesses that contract for solid waste 
             disposal and generate more than four cubic yards of 
             solid waste and recyclable materials per week or is a 
             multifamily residential dwelling of five or more units 
             to arrange for recycling services.  Such businesses are 
             required to either separate recyclable materials from 
             solid waste or arrange for their collection, or to 
             contract with a recycling service that provides mixed 
             waste processing services.  This bill requires local 
             governments to implement a commercial recycling program, 
             unless a jurisdiction already has established such a 
             program.  The DRRR is required to review such local 
             commercial recycling programs.
          
           Prior/Related Legislation
           
          AB 818 (Blumenfield), 2011-12 Session, requires owners of 
          multifamily residential buildings to provide recycling 
          services.  That bill is on the Governor's desk.

          SB 1020 (Padilla), 2007-08 Session, would have required the 
          Integrated Waste Management Board to develop a plan to 
          achieve a 75 percent diversion rate by 2020.  That bill was 
          held in the Assembly Appropriations Committee.

          SB 25 (Padilla), 2009-10 Session, would have increased the 
          required diversion rate to 60 percent by 2015 and also 
          generally required businesses to contract for recycling 
          services.  That bill was held in the Assembly Natural 
          Resources Committee.
          
          AB 479 (Chesbro), 2009-10 Session, was substantially 
          similar to this bill. AB 479 was held on this committee's 
          suspense file.

          AB 737 (Chesbro), 2009-10 Session, would have implemented a 
          commercial recycling program and required the Department to 
          report to the Legislature on potential strategies to 
          achieve a 75 percent diversion rate.  That bill was vetoed 
          by Governor Schwarzenegger.


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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund
           
          Cost to implement                                 
          Absorbable within existing resources              Special *
          commercial recycling

          Cost to further increase                          Unknown 
          costs, potentially in the                         Special *
          the diversion rate to millions per year
          75%

          Reduced fee revenues                         Up to $20,000 
          per year by 2020q                            Special *

          * Integrated Waste Management Account.

           SUPPORT  :   (Verified  8/30/11)

          Californians Against Waste (source)
          California League of Conservation Voters
          California Refuse Recycling Council
          Center for Biological Diversity
          City and County of San Francisco
          City of Oakland
          Commercial Recycling and Waste Diversion
          Environment California
          Marin Resource Recovery
          Marin Sanitary Service
          Natural Resources Defense Council
          Planning and Conservation League
          Republic Services, Inc.
          Sierra Club California
          Varner Bros., Inc.

           OPPOSITION  :    (Verified  8/30/11)


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          Orange County Board of Supervisors

           ARGUMENTS IN SUPPORT  :    According to the sponsor of the 
          bill, the Californians Against Waste and the author's 
          office, diversion of solid waste from landfill benefits 
          California in numerous ways.  The author's office notes 
          California's success at reducing the portion of its solid 
          waste it buries in the ground, highlighting that, according 
          to Cal Recycle, the state diverts from landfill 58 percent 
          of the solid waste it generates each year.  The author's 
          office also notes, however, the amount of waste generated 
          in California per person continues to climb and that it is 
          important for the state to work towards further reducing 
          the amount of solid waste going to landfill.  The author's 
          office contends the waste diversion goal established in 
          this bill will help the state achieve further waste 
          reduction and that the mandatory commercial waste reduction 
          will provide opportunities to do so.


           ASSEMBLY FLOOR  : 
          AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, 
            Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger 
            Hernández, Hill, Hueso, Huffman, Lara, Bonnie Lowenthal, 
            Ma, Mendoza, Mitchell, Monning, V. Manuel Pérez, 
            Portantino, Skinner, Solorio, Swanson, Wieckowski, 
            Williams, Yamada, John A. Pérez
          NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman, 
            Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, 
            Morrell, Nestande, Nielsen, Norby, Olsen, Perea, Silva, 
            Smyth, Valadao, Wagner
          NO VOTE RECORDED: Gorell, Huber, Pan, Torres


          DLW:do  8/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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