BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1103|
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                                   THIRD READING 


          Bill No:  AB 1103
          Author:   Dodd (D) 
          Amended:  6/6/16 in Senate
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 6/15/16
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  54-14, 5/26/15 - See last page for vote

           SUBJECT:   Solid waste disposal:  self-haulers


          SOURCE:    California Refuse and Recycling Council
          
          DIGEST:   This bill adds self-haulers to the requirement that  
          exporters, brokers, and transporters of recyclables or compost  
          submit specified, periodic information to the Department of  
          Resources Recycling and Recovery (CalRecycle) and requires  
          CalRecycle to develop regulations to define "self-hauler."


          ANALYSIS:  Existing law, pursuant to the California Integrated  
          Waste Management Act of 1989 (Public Resources Code §40000 et  
          seq.):                                  


          1)Establishes a state recycling goal of 75% of solid waste  
            generated be diverted from landfill disposal by 2020 through  
            source reduction, recycling, and composting.


          2)Requires each local jurisdiction to divert 50% of solid waste  








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            from landfill disposal through source reduction, recycling,  
            and composting.


          3)Requires exporters, brokers, and transporters of recyclables  
            or compost to submit periodic information to CalRecycle on the  
            types, quantities, and destinations of materials that are  
            disposed of, sold, or transferred.  


          4)Grants CalRecycle regulatory authority to adopt practices and  
            procedures related to waste tracking in the state.


          This bill:  


          1)Adds self-haulers to the requirement that exporters, brokers,  
            transporters of recyclables or compost submit specified,  
            periodic information to CalRecycle.


          2)Requires CalRecycle to develop regulations to define  
            "self-hauler" and must include in the definition, at a  
            minimum, a person or entity that generates and transports,  
            utilizing its own employees and equipment, more than one cubic  
            yard per week of its own food waste to a location or facility  
            that is not owned and operated by that person or entity.




          Background


          Statewide waste diversion goals.  An estimated 35 million tons  
          of waste are disposed of in California's landfills annually, of  
          which 32% is compostable organic materials, 29% is construction  
          and demolition debris, and 17% is paper.  


          CalRecycle has a goal of diverting from landfills at least 75%  








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                                                                     Page 3



          of solid waste statewide by 2020 through source reduction,  
          recycling and composting.  Source reduction, or waste  
          prevention, is designing products to reduce the amount of waste  
          that will later need to be thrown away and also to make the  
          resulting waste less toxic.  Recycling is the recovery of useful  
          materials, such as paper, glass, plastic, and metals, from the  
          trash used to make new products reducing the amount of virgin  
          raw materials needed.  Composting involves collecting organic  
          waste, such as food scraps and yard trimmings, and storing it  
          under conditions designed to help it break down naturally.  This  
          resulting compost can then be used as a natural fertilizer/soil  
          amendment.


          In addition, CalRecycle is charged with implementing Strategic  
          Directive 6.1, which calls for reducing organic waste disposal  
          by 50% by 2020.  According to CalRecycle, significant gains in  
          organic waste diversion (through recycling technologies of  
          organic waste, including composting and anaerobic digestion) are  
          necessary to meet the 75% goal and to implement Strategic  
          Directive 6.1.


          By using and reusing materials in the most productive and  
          sustainable ways across their entire life cycle, conserving  
          resources and reducing wastes help slow climate change and  
          minimize the environmental impacts of used materials.


          Comments


          Purpose of Bill.  According to the author:


            The Legislature has enacted programs for the collection, and  
            recycling of organic waste for reporting the disposition of  
            that waste.  Most recently, the Legislature enacted, and the  
            Governor signed AB 901 (Chapter 746, Statutes of 2015), which  
            among other things requires disposal facility operators to  
            submit tonnage information to CalRecycle, and exporters,  
            brokers, and transporters of recyclables or compost to submit  








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            periodic information to CalRecycle on the types, quantities,  
            and destinations of materials that are disposed of, sold, or  
            transferred inside or outside of the state.  These reporting  
            requirements apply to permitted facilities and to authorized  
            waste haulers, either locally operated or franchised.


            Unfortunately, there still may be a significant amount of  
            organic waste that is collected and disposed of in one or  
            another manner by so-called "self-haulers" who operate in an  
            unmonitored fashion, unauthorized, and possibly illegally.  As  
            unauthorized self-haulers, these transporters are not likely  
            to abide by reporting requirements nor transport organic waste  
            to appropriate recycling facilities.  To the extent that these  
            self-haulers move to dispose of a significant amount of  
            organic waste, without state and local knowledge, California  
            will have an incomplete picture of how much organic waste is  
            being diverted from landfills and what the true amount of  
            methane/GHG reduction is actually being achieved, relative to  
            the state's statutory goals.  That information gap needs to be  
            closed, and the transporting of all organic waste needs to be  
            monitored and reported.




          Related/Prior Legislation




          AB 901 (Gordon, Chapter 746, Statutes of 2015) updated, revised,  
          and expanded the information recycling and composting facilities  
          are required to submit to CalRecycle.




          AB 1826 (Chesbro, Chapter 727, Statutes of 2014) required  
          generators of specified amounts of organic waste to arrange for  
          recycling services and requires local governments to implement  
          organic waste recycling programs.








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          AB 341 (Chesbro, Chapter 476, Statutes of 2011) established a  
          statewide 75% recycling goal and required commercial waste  
          generators to arrange for recycling services and required local  
          governments to implement commercial solid waste recycling  
          programs.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified6/28/16)


          California Refuse and Recycling Council (source)
          ACES Waste Services
          Advance Disposal Co.
          Alameda County Industries, Inc.
          Bay Counties Waste Services, Inc.
          Burrtec Waste Industries
          Conservation Management Group
          CR&R Environmental Services
          Mission Trail Waste Systems, Inc.
          South San Francisco Scavenger Company, Inc.


          OPPOSITION:   (Verified6/28/16)


          None received


          ASSEMBLY FLOOR:  54-14, 5/26/15
          AYES:  Alejo, Baker, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chau, Chiu, Chu, Cooley, Dababneh, Daly, Dodd, Eggman,  
            Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez,  








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            Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty,  
            Medina, Mullin, Nazarian, Obernolte, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Wagner, Waldron, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Bigelow, Cooper, Beth Gaines,  
            Gallagher, Gatto, Jones, Lackey, Mayes, Olsen, Patterson,  
            Steinorth, Wilk
          NO VOTE RECORDED:  Bloom, Brough, Chang, Chávez, Dahle, Grove,  
            Harper, Kim, Linder, Mathis, Melendez, O'Donnell

          Prepared by:Joanne Roy / E.Q. / (916) 651-4108
          8/4/16 9:07:32


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