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SB-1191 Organic waste: reduction goals: local jurisdictions.(2019-2020)

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Date Published: 03/23/2020 09:00 PM
SB1191:v98#DOCUMENT

Amended  IN  Senate  March 23, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1191

Introduced by Senator Dahle

February 20, 2020

An act to add Section amend Sections 42652 and 42652.5 of, and to add Sections 42652.6 and 42652.7 to to, the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 1191, as amended, Dahle. Organic waste: reduction goals: local jurisdictions: noncompliance and penalties. jurisdictions.
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40%. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics.
Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills that may include, among other things, different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals, and penalties to be imposed by the department for noncompliance. Existing law requires, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills.
This bill would require the department, upon request by a local jurisdiction, to issue a waiver from a requirement imposed pursuant to those regulations to separate and recover food waste and food-soiled paper for all or part of the local jurisdiction where there are or could be public safety issues associated with food waste collection as a result of nearby bear populations. The bill would establish an alternative organic waste management program that a local jurisdiction may comply with instead of those regulations until specified dates. The bill would require a local jurisdiction that chooses to implement an alternative organic waste management program to submit a notification to the department that contains specified information, including a statement by a representative, attested to under penalty of perjury, that all information contained in the notification is true and correct to the best of the representative’s knowledge and belief. By expanding the existing crime of perjury, the bill would impose a state-mandated local program.
This bill would require the department, in determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to those provisions, regulations, or in determining the amount of any penalties imposed pursuant to those provisions, regulations, to consider specified information, including whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program and whether any of specified factors affected the local jurisdiction’s ability to implement its organic waste reduction program or otherwise comply with those provisions, regulations, as provided.
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   Local Program: NOYES  

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


SECTION 1.

 Section 42652 of the Public Resources Code is amended to read:

42652.
 The Legislature finds and declares all of the following:
(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01.
(b) Achieving organic waste disposal reduction targets requires significant investment investment, including state resources, to develop organics recycling capacity.
(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity.

SEC. 2.

 Section 42652.5 of the Public Resources Code is amended to read:

42652.5.
 (a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
(1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
(2) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
(3) Shall not establish a numeric organic waste disposal limit for individual landfills.
(4) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction.
(5) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
(6) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
(b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section.
(c) (1) Upon request by a local jurisdiction, the department shall issue a waiver from a requirement imposed pursuant to this section to separate and recover food waste and food-soiled paper for all or part of the jurisdiction where there are or could be public safety issues associated with food waste collection as a result of nearby bear populations. Residential and small commercial generators within an area granted a waiver pursuant to this subdivision may deposit food waste and food-soiled paper in a municipal solid waste disposal container.
(2) A local jurisdiction requesting a waiver shall provide to the department information about nearby bear populations and the number of generators that will be included in the waiver.
(3) Nothing in this subdivision exempts a local jurisdiction from obligations to provide collection services for other types of organic waste.

SEC. 3.

 Section 42652.6 is added to the Public Resources Code, to read:

42652.6.
 (a) Recognizing the economic and logistical challenges of organic waste recycling in rural counties with low population densities and counties with low populations, it is the intent of the Legislature in enacting this section to establish a temporary alternative compliance pathway for rural and low-population counties and rural jurisdictions to provide organic waste management programs. The Legislature finds and declares that this section is intended to incentivize rural communities and low-population counties to implement robust organic waste programs that minimize organic waste being landfilled while providing additional flexibility to achieve organic waste diversion objectives.
(b) A local jurisdiction that complies with the requirements of this section is exempt from the requirements imposed by this chapter and its implementing regulations. The authority for a local jurisdiction to implement an alternative organic waste management program under this section as an alternative to complying with this chapter and its implementing regulations shall expire as follows:
(1) January 1, 2028, for counties with populations of at least 70,000 but less than 250,000.
(2) January 1, 2035, for rural counties and rural jurisdictions, as those terms are defined in Section 42649.8.
(3) A local jurisdiction listed in paragraph (1) or (2) may obtain a one-time three-year extension of the date specified in paragraph (1) or (2), as applicable, by submitting a request to the department with an explanation of efforts undertaken and of barriers that require additional time for compliance and receiving approval from the department.
(c) If a local jurisdiction elects to implement an alternative organic waste management program pursuant to this section, it shall do all of the following:
(1) Implement the CALGreen Building Standards (Part 11 (commencing with Section 101) of Title 24 of the California Code of Regulations) and the Model Water Efficient Landscape Ordinance (Chapter 2.7 (commencing with Section 490) of Division 2 of Title 23 of the California Code of Regulations).
(2) Form an edible food recovery task force, which may include representatives from the county social services department, the county environmental health department, food banks, businesses, nongovernmental organizations, churches, and other organizations, that develops a plan to meet a goal that not less than 20 percent of edible food that is currently disposed of in the jurisdiction being recovered for human consumption by 2025.
(3) At least two of the following:
(A) Form a feed recovery for animals collaboration to increase the diversion of organic materials for animal feed. This collaboration may include, but is not limited to, representatives from various interest groups such as the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, a cattlemen’s association, agricultural associations, Future Farmers of America, and 4H. A collaboration shall report its actions and progress to the jurisdiction.
(B) Form a backyard and community composting collaboration to increase the use of small-scale composting in order to reduce organic waste, including food waste. This collaboration may include, but is not limited to, representatives from solid waste management organizations, the Department of Food and Agriculture, the University of California Cooperative Extension farm advisors, Master Gardener programs, Future Farmers of America, and schools. A collaboration shall report its actions and progress to the jurisdiction.
(C) Form a regional collaboration with other local jurisdictions to explore shared opportunities for new regional organic waste facilities and markets. The collaboration shall report its actions and progress to the participating jurisdictions.
(4) Develop and provide green waste collection opportunities commensurate with the jurisdiction’s needs and capabilities.
(5) Conduct public education and outreach for the adopted program, which may include any of the following:
(A) Methods for the prevention of organic waste generation, recycling organic waste onsite, sending organic waste to community composting, and any other available organic waste programs.
(B) Information regarding the methane reduction benefits of reducing the disposal of organic waste.
(C) Information related to the public health and safety and environmental impacts associated with the disposal of organic waste.
(D) Information regarding programs for the donation of edible food.
(d) A local jurisdiction that chooses to implement an alternative organic waste management program under this section shall notify the department of that decision by January 1, 2022. The notification shall include all of the following information:
(1) The name of the jurisdiction.
(2) The date the jurisdiction will implement the alternative organic waste management program.
(3) Contact information for the jurisdiction, including the name, address, and telephone number of the representative of the jurisdiction with primary responsibility for ensuring compliance with this chapter.
(4) The location within the jurisdiction where all records required by this chapter are maintained.
(5) A statement by the representative specified in paragraph (3), attested to under penalty of perjury, that all information contained in the notification is true and correct to the best of the representative’s knowledge and belief.

SECTION 1.SEC. 4.

 Section 42652.7 is added to the Public Resources Code, to read:

42652.7.
 In determining whether or not to issue a compliance order or impose a penalty on a local jurisdiction pursuant to this chapter, or in determining the amount of any penalties imposed pursuant to this chapter, the department shall consider both of the following:
(a) (1) Whether a local jurisdiction has made a good faith effort to implement its organic waste reduction program, which shall include consideration of all of the following:
(A) Natural disasters.
(B) Budgetary constraints.
(C) Work stoppages.
(D) Failure of federal, state, or other local agencies located within the local jurisdiction to implement organic waste reduction and recycling programs.
(E) The availability of markets for collected organic waste recyclables.
(F) The extent to which the local jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.
(G) The extent to which the local jurisdiction has implemented additional organic waste reduction, recycling, and composting activities.
(H) The median household income of households within the local jurisdiction.
(2) For purposes of this subdivision, “good faith effort” means all reasonable and feasible efforts by a local jurisdiction to implement this chapter.
(b) Whether any of the following factors affected the local jurisdiction’s ability to implement its organic waste reduction program or otherwise comply with the requirements of this chapter:
(1) Whether an exceptional growth rate may have affected compliance.
(2) Whether the local jurisdiction has a large tourist or seasonal population.
(3) Whether an emergency, disaster, or loss of electricity affected the local jurisdiction.
(4) Other information presented by the local jurisdiction that may provide reasonable justification.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.