Amended in Senate July 2, 2015

Amended in Assembly April 20, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1045


Introduced by Assembly Member Irwin

(Coauthor: Assembly Member Chiu)

February 26, 2015


An act to add Sections 42649.87 and 43032 to the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1045, as amended, Irwin. Organic waste: composting.

(1) The existing 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, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. Those entities are required to divert 50% of all solid waste through source reduction, recycling, and composting.

This bill would require the California Environmental Protection Agency, in coordination with the department, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the agency to convene the department, the State Water Resources Control Board, and the State Air Resources Board to ensure proper coordination of agency regulations and goals to implement these requirements.

(2) Existing law requires the Department of Resources Recycling and Recovery to adopt regulations relating to waste management, including standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, and for solid waste handling, transfer, composting, transformation, and disposal. Existing law prohibits the solid waste handling, transfer, composting, transformation, and disposal standards from including any requirement that is under the authority of the State Air Resources Board for the prevention of air pollution or the State Water Resources Control Board for the prevention of water pollution and prohibits the solid waste facilities standards from including aspects of solid waste handling and disposal that are within the jurisdiction of the State Air Resources Board, air pollution control districts, and air quality management districts, or the State Water Resources Controlbegin delete boardend deletebegin insert Boardend insert or a regional water district.

Existing law prohibits a person from discharging a quantity of air contaminants or other material that causes injury, detriment, nuisance, or annoyance to the public, or that endangers the comfort, repose, health, or safety of the public, or that causes injury or damage to business or property, except as provided.

Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee.

This bill would require the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development ofbegin delete streamlinedend deletebegin insert coordinatedend insert permitting and regulation of composting facilities while protectingbegin delete air and water quality.end deletebegin insert the environment.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) With the enactment of the California Integrated Waste
4Management Act of 1989 (Division 30 (commencing with Section
540000) of the Public Resources Code), the Legislature declared
6that the Department of Resources Recycling and Recovery and
7local agencies shall promote composting.

8(b) Since the enactment of the act, local governments and private
9industries have worked jointly to create an extensive material
10collection infrastructure and have implemented effective programs
11to achieve a statewide diversion rate greater than 50 percent.

12(c) Although California now leads the nation in waste reduction
13and recycling, the state continues to dispose of more than 15
14million tons of compostable organics each year in solid waste
15landfills.

16(d) Composting organic materials results in substantial
17environmental and agricultural benefits, including the reduction
18of naturally occurring volatile organic compounds and ammonia.

19(e) The Economic and Technology Advancement Advisory
20Committee, formed pursuant to the California Global Warming
21Solutions Act of 2006 (Division 25.5 (commencing with Section
2238500) of the Health and Safety Code), has identified composting
23as a cost-effective technology for reducing greenhouse gas
24emissions.

25(f) The application of compost in agriculture and landscaping
26has been shown to offer significant soil-carbon sequestration and
27water quality benefits, provide erosion control, reduce the need
28for synthetic fertilizers and pesticides, and conserve water and
29irrigation-associated energy.

30(g) In 2007, the department’s predecessor agency adopted
31Strategic Directive 6.1 to reduce the amount of organics in the
32waste stream by 50 percent by the year 2020.

33(h) In 2014, the state required organic waste generators that
34produce four cubic yards or more of organic waste a week to
35arrange to recycle this material (Chapter 12.9 (commencing with
36Section 42649.8) of the Public Resources Code).

37(i) To reduce the amount of organics in landfills, the state must
38promote the development and permitting of composting facilities
P4    1and ensure that state regulations account for the lifecycle emissions
2reduction and water quality benefits of diverting organic waste
3from landfills and into compost facilities, while continuing to
4protect air and water quality.

5

SEC. 2.  

Section 42649.87 is added to the Public Resources
6Code
, to read:

7

42649.87.  

(a) The California Environmental Protection
8Agency, in coordination with the department, shall develop and
9implement policies to aid in diverting organic waste from landfills
10by promoting the use of agricultural, forestry, and urban organic
11waste as a feedstock for compost and by promoting the appropriate
12use of that compost throughout the state.

13(b) In developing policies pursuant to subdivision (a), the
14California Environmental Protection Agency shall promote a goal
15of reducing at least five million metric tons of greenhouse gas
16emissions per year through the development and application of
17compost on working lands, whichbegin delete includes, but isend deletebegin insert include but areend insert
18 not limited to, agricultural land, land used for forestry, and
19rangeland. The California Environmental Protection Agency shall
20work with the Department of Food and Agriculture to achieve this
21goal.

22(c) The California Environmental Protection Agency shall
23convene the department, the State Water Resources Control Board,
24and the State Air Resources Board to ensure proper coordination
25of agency regulations and goals to implement this section.

26

SEC. 3.  

Section 43032 is added to the Public Resources Code,
27to read:

28

43032.  

The department, in coordination with the State Air
29Resources Board and the State Water Resources Control Board,
30shall develop a policy that promotes the development of
31begin delete streamlinedend deletebegin insert coordinatedend insert permitting and regulation of composting
32facilities while protectingbegin delete air and water quality.end deletebegin insert the environment.end insert



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