HomeMy WebLinkAbout2013-05-14 - AGENDA REPORTS - GREENWASTE RECYCLING DIVERSION (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 5
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
May 14, 2013
Casey Bingham
STATE LEGISLATION: AB 323 (CHESBRO) GREENWASTE
RECYCLING AND DIVERSION
City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Committee and adopt an
"oppose" position for Assembly Bill 323 (Chesbro) and transmit letters of opposition to
Assemblyman Chesbro, Santa Clarita's State Legislative delegation, appropriate Legislative
committees, Governor Brown, and the League of California Cities.
BACKGROUND
The existing California Integrated Waste Management Act of 1989, which is administered by the
Department of Resources Recycling and Recovery (CalRecycle), establishes a statewide
integrated waste management program. This waste management program requires each city,
county, and regional agency to develop a source reduction and recycling element of an integrated
waste management plan. The act requires the source reduction and recycling element to divert
from disposal 50% of all solid waste through source reduction, recycling, and composting
activities.
Currently under CalRecycle, greenwaste material from the City's curbside recycling program is
used as Alternative Daily Cover (ADC) at the regional landfills. ADC means cover material other
than earthen material placed on the surface of the active face of a municipal solid waste landfill
at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging.
The City receives diversion credit for these uses because it is not considered disposal under
CalRecycle. The City's diversion rate that was submitted to the State for approval for the year
2011 is 67.5%.
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As written, this bill would require no later than January 1, 2020, the use of green material as
ADC would not constitute diversion through recycling and would be considered disposal. This
would lower the City's diversion rate by at least 5%. In 2020 the City is anticipating a potential
mandate by the State requiring diversion from disposal 75% of all solid waste through source
reduction, recycling, and composting activities.
The Council Legislative Committee is recommending that the Council oppose AB 323 because
curbside greenwaste has few other options for recycling. It is very difficult to establish
composting facilities in Los Angeles County due to strict air quality regulations and proximity to
residents and businesses. This bill includes a clause that would delay the date of the ADC
regulation by up to two years if CalRecycle determines there is insufficient infrastructure to
handle green material. Despite the two year extension, the expansion of greenwaste processing
infrastructure will be difficult in Los Angeles County with the currently enforced air quality
regulations.
In addition, AB 323 would undermine the approach codified in the Waste Management Act that
local jurisdictions should have the primacy in selecting the solid waste management programs
and approaches that make the most sense for their local circumstances. Instead, AB 323 would
take away local choice in solid waste management for our community.
Using greenwaste as ADC at regional landfills allows its to keep residential collection rates down
for the ratepayers. If this bill passed, our City's franchised haulers would have to find other
locations to deal with the collected greenwaste. The majority of the other locations permitted for
processing greenwaste are a significant distance from Santa Clarita, such as Kern County, which
is 150 miles away. Transporting the greenwaste to distant locations will have an impact on
residential collection rates due to increased fuel costs and driving time.
On April 19, 2013, the City Council Legislative Committee met and voted to recommend an
oppose position to the full City Council at the May 14 meeting. Since the April 19, 2013,
Legislative Committee Meeting, the Los Angeles County Sanitation District has opposed this
bill.
ALTERNATIVE ACTIONS
1. Adopt a support position on AB 323.
2. Take no position on AB 323.
3. Other direction as determined by the City Council.
FISCAL IMPACT
No additional resources are needed to implement the recommended action.
ATTACHMENTS
AB 323 Text
U
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 323
Introduced by Assembly Member Chesbro
(Coauthor: Assembly Member Williams)
February 12, 2013
An act to amend Sections 41781.3, 42649. 1, and 42649.2 of, and to
add Section 41781.4 to, the Public Resources Code, relating to solid
waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 323, as introduced, Chesbro. Solid waste: recycling: diversion:
green materials.
(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, and regional agency, if any, to
develop a source reduction and recycling element of an integrated waste
management plan. The act requires the source reduction and recycling
element to divert from disposal 50% of all solid waste subject to the
element through source reduction, recycling, and composting activities,
with specified exceptions. Under the act, the use of solid waste for
beneficial reuse in the construction and operation of a solid waste
landfill, including the use of alternative daily cover, constitutes diversion
through recycling and is not considered disposal.
This bill would require the department to adopt regulations to provide
that, no later than January 1, 2020, the use of green material as
alternative daily cover or alternative intermediate cover does not
constitute diversion through recycling and would be considered disposal
for purposes of the act. The bill would authorize the department to delay
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the effective date of this requirement, as specified. The bill would
impose a state -mandated local program by imposing new duties upon
local agencies with regard to the diversion of solid waste.
This bill would require the department, by January 1, 2015, to conduct
an analysis of the use of residual fines from material recovery facilities
and materials left over from the composting process for use as alternative
daily cover and other forms of beneficial use in the design and operation
of a solid waste landfill. The bill would require the department to adopt
regulations, by July 1, 2015, based on this analysis, if the department
makes a specified determination that residual fines from material
recovery facilities and materials left over from the composting process
would serve as adequate daily cover.
(2) The act requires a business, which is defined as a commercial or
public entity, that generates more than 4 cubic yards of commercial
solid waste per week or is a multifamily residential dwelling of 5 units
or more, to arrange for recycling services. Existing law also requires
jurisdictions to implement a commercial solid waste recycling program
meeting specified elements. Existing law defines the term "commercial
solid waste" by reference to a specified regulation.
This bill would instead define commercial solid waste in statute to
include all types of solid waste generated by a store, office, or other
commercial or public entity source, including a business or a multifamily
dwelling of 5 or more units. The bill would also require the department
to adopt, by January 1, 2017, regulations to require a large -quantity
commercial organics generator, as defined, to arrange for separate
organics collection and recycling services, except as specified.
The bill would impose a state -mandated local program by imposing
new duties upon local agencies with regard to the commercial solid
waste program required to be implemented by local agencies.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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The people of the State of California do enact as follows:
SECTION I. The Legislature finds and declares all of the
following:
(a) With the enactment of the California Integrated Waste
ManagementAct of 1989 (Division 30 (commencing with Section
40000) of the Public Resources Code), the Legislature declared
that the Department of Resources Recycling and Recovery
(CalRecycle) and local agencies shall promote recycling, anaerobic
digestion, and composting over land disposal and transformation.
(b) Since the enactment of the act, local governments and private
industries have worked jointly to create an extensive material
collection infrastructure and have implemented effective programs
to achieve a statewide diversion rate greater than 50 percent.
(c) Although California now leads the nation in waste reduction
and recycling, the state continues to dispose of more than 15
million tons of compostable organics each year in solid waste
landfills.
(d) Composting or anaerobically digesting organic materials
results in substantial environmental and agricultural benefits,
including the reduction of naturally occurring volatile organic
compounds and ammonia.
(e) The Economic and Technology Advancement Advisory
Committee, formed pursuant to the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500) of the Flealth and Safety Code), has identified composting
and anaerobic digestion as a cost-effective technology for reducing
greenhouse gas emissions.
(t) The application of compost in agriculture and landscaping
has been shown to offer significant water quality benefits, provide
erosion control, reduce the need for synthetic fertilizers and
pesticides, and conserve water and irrigation -associated energy.
(g) In 2007, the former state agency that preceded CalRecycle
adopted a Strategic Directive 6.1 to reduce the amount of organics
in the waste stream by 50 percent by the year 2020.
(h) To reduce the landfilling of organics, increase composting
and anaerobic digestion, and meet the organics disposal reduction
target adopted by CalRecycle, the state should reduce barriers to,
and provide incentives for, increasing processing capacity and
end-use markets for compostable organics.
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SEC. 2. Section 41781.3 of the Public Resources Code is
amended to read:
41781.3. (a) (1) The use of solid waste for beneficial reuse
in the construction and operation of solid waste landfill, including
use of alternative daily cover, which reduces or eliminates the
amount of solid waste being disposed pursuant to Section 40124,
shall constitute diversion through recycling and shall not be
considered disposal forihe purposes of this division.
(2) The department shall adopt regulations to provide that, no
later than January 1, 2020, the use of green material, as defined
in regulations by the department, as alternative daily cover or
alternative intermediate cover, does not constitute diversion
through recycling and shall be considered disposal for purposes
of this division.
(3) When adopting regulations pursuant to paragraph (2), the
department may establish requirements for different regions of the
state to be in effect on or before January 1, 2020, but not later
than January 1, 2020.
(4) The department shall provide notice to all operators of
disposal facilities of the requirements in the regulations adopted
pursuant to paragraph (2) one year before the effective date of the
requirements.
(i) The department may, at its sole discretion, delay the effective
date of the regulations required to be adopted pursuant to
paragraph (2) for up to two years if'the department determines
that sufficient regional green material processing infrastructure
will not exist to handle this material.
(b) f'rierie-Bcfore December 31, 1997, pursuant to thebeard's
department's authority to adopt rules and regulations pursuant to
Section 40502, the board department shall, by regulation, establish
conditions for the use of alternative daily cover that are consistent
with this division. In adopting the regulations, the board department
shall consider, but is not limited to, all of the following criteria:
(1) Those conditions established in past policies adopted by the
beard department affecting the use of alternative daily cover.
(2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.
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(3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public health
and safety consistent with state minimum standards.
(c) 4nt+-Except as provided in paragraph (2) of subdivision
(a), until the adoption of additional regulations, the use of
alternative daily cover shall be governed by the conditions
established by the board department in its —existing former
regulations set forth in paragraph (3) of subdivision (b) of, and
paragraph (3) of subdivision (c) of, Section 18813 of Title 14 of
the California Code of Regulations, as those sections read on -the
' ffetF e date -`"`- seetitmJanuary 1, 1997, and by the conditions
established in the bears department's policy adopted on January
25, 1995.
(d) In adopting rules and regulations pursuant to this section,
Section 40124, and this division, including, but not limited to, Part
2 (commencing with Section 40900), the beard department shall
provide guidance to local enforcement agencies on any conditions
and restrictions on the utilization of alternative daily cover so as
to ensure proper enforcement of those rules and regulations.
SEC. 3. Section 41781.4 is added to the Public Resources Code,
to read:
41781.4. (a) On or before January 1, 2015, the department
shall conduct an analysis of the effect on public health and safety,
consistent with state minimum standards, of the use of residual
fines from material recovery facilities and materials left over from
the composting process for alternative daily cover and other forms
of beneficial use in the design and operation of a solid waste
landfill.
(b) On or before July 1, 2015, based on the analysis conducted
pursuant to subdivision (a), ifthe department determines that fines
from material recovery facilities or materials left over from the
composting process would serve as an adequate daily cover, the
department shall adopt regulations for residual fines from material
recovery facilities or materials left over from the composting
process as an authorized material for use as alternative daily cover
and beneficial reuse at solid waste facility landfills in the state,
which regulations shall include performance standards and
limitations on the maximum functional thickness necessary to
ensure protection of public health and safety, consistent with state
minimum standards.
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(c) The regulations adopted pursuant to subdivision (b) shall
include performance standards, and may include standards for
screening, processing, and testing material recovery facility fines,
to insure all of the following:
(1) The material does not contain hazardous materials above
approved thresholds.
(2) The material performs adequately in its ability to control
odors, vectors, litter, and scavenging.
(3) The use of the material does not negatively affect the
conditions necessary to provide for the continued economic
development, economic viability, and employment opportunities
provided by the composting and recycling industries in the state.
(d) The regulations adopted pursuant to this section for the use
of residual fines from materials recovery facilities for use as
alternative daily cover or for beneficial reuse in the design and
operation of solid waste landfill, shall meet both of the following
requirements:
(1) The regulations shall not allow the use of residual fines from
mixed waste processing.
(2) The regulations shall require that any materials left over
from the composting process used as alternative daily cover or
beneficial reuse in the design and operation of a solid waste landfill
not exceed 5 percent of the incoming material at the source
compost facility, by weight.
SEC. 4. Section 42649.1 of the Public Resources Code is
amended to read:
42649.1. For purposes of this chapter, the following teems
shall apply:
(a) "Business" means a commercial or public entity, including,
but not limited to, a firm, partnership, proprietorship, joint stock
company, corporation, or association that is organized as a
for-profit or nonprofit entity, ora multifamily residential dwelling.
(b) "Commercial solid waste" has the same meaning as defined
in O__1_n 172-25.12
of Title 14 ..0 the G_l:C__..:_ !lode _C
Regulations includes all types ofsolid waste generated by a store,
office, or other commercial or public entity source, including a
business or multifamily dwelling offive or more units.
(c) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2.
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(d) 'Large -quantity commercial organics generator" means a
business that generates significant amounts of organic waste,
including, but not limited to, food waste and green materials, that
is traditionally disposed oj'in a solid waste lancIfill, as determined
by the department.
(4)
(e) "Self -hauler" means a business that hauls its own waste
rather than contracting for that service.
SEC. 5. Section 42649.2 of the Public Resources Code is
amended to read:
42649.2. (a) On and after July 1, 2012, a business that
generates four cubic yards or more of commercial solid waste per
week or is a multifamily residential dwelling of five units or more
shall arrange for recycling services, consistent with state or local
laws or requirements, including a local ordinance or agreement,
applicable to the collection, handling, or recycling of solid waste,
to the extent that these services are offered and reasonably available
from a local service provider.
(b) A commercial waste generator shall take at least one of the
following actions:
(1) Source separate recyclable materials from solid waste and
subscribe to a basic level of recycling service that includes
collection, self -hauling, or other arrangements for the pickup of
the recyclable materials.
(2) Subscribe to a recycling service that may include mixed
waste processing that yields diversion results comparable to source
separation.
(c) A property owner of a multifamily residential dwelling may
require tenants to source separate their recyclable materials to aid
in compliance with this section.
(d) (1) (A) On or before January 1, 2017, the department shall
adopt regulations to require a large -quantity commercial organics
generator to arrange for separate organics collection and recycling
services that may include, but are not limited to, self -hauling.
(B) This paragraph does not apply to green material collected
by a city, county, or other local agency.
(2) When adopting the regulations pursuant to paragraph (1),
the department may establish different timelines for different types
of organic materials, different types of large -quantity commercial
organics generators, and different regions of the state, but the
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regulations shall require these requirements to be in effect no later
than January 1, 2017.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article X111 B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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