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SB-1426 Waste reduction: undiverted materials.(2023-2024)

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Date Published: 04/10/2024 09:00 PM
SB1426:v97#DOCUMENT

Amended  IN  Senate  April 10, 2024
Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1426

Introduced by Senator Blakespear

February 16, 2024

An act to add Sections 40059.5 and 40128 to amend Sections 40059 and 42649.81 of the Public Resources Code, relating to waste reduction.


LEGISLATIVE COUNSEL'S DIGEST


SB 1426, as amended, Blakespear. Waste reduction: undiverted materials.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, as defined. Existing law authorizes each county, city, district, or other local governmental agency to determine aspects of solid waste handling that are of local concern and whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise.

This bill would define “diversion services” to mean the collection, transportation, and diversion of materials that would otherwise become solid waste, including through reuse, recycling, manufacturing, anaerobic digestion, or other similar services. The bill would prohibit a city or county ordinance from precluding the collection, transportation, or diversion of materials not diverted by, or the provision of diversion services using a method or process not offered by, a local governing body’s solid waste handling services, as specified.

The act requires a city, county, or city and county, or regional agency formed under the act, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. The act requires those jurisdictions to divert 50% of the solid waste subject to the element, except as specified, through source reduction, recycling, and composting activities.
This bill would prohibit an exclusive franchise, contract, license, or permit to provide services for diversion from exceeding the services required to be performed and actually performed under the exclusive authorization. The bill would require a person who provides services for diversion by means other than a franchise, contract, license, or permit, to comply with applicable law, as specified. The bill would, if certain programs are not offered through a local ordinance or a local jurisdiction’s franchise agreement, authorize other persons to collect, transport, and process undiscarded organic material from nonresidential customers, as specified.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.Section 40059.5 is added to the Public Resources Code, to read:
40059.5.

An ordinance adopted by a local governing body, or an ordinance enacted by initiative of the voters of a city or county, shall not preclude the collection, transportation, or diversion of materials not diverted by, or the provision of diversion services using a method or process not offered by, a local governing body’s solid waste handling services.

SEC. 2.Section 40128 is added to the Public Resources Code, to read:
40128.

“Diversion services” means the collection, transportation, and diversion of materials that would otherwise become solid waste, including through reuse, recycling, manufacturing, anaerobic digestion, or other similar services.

SECTION 1.

 It is the intent of the Legislature that this act do all of the following:
(a) Clarifies that a contract, permit, or ordinance for solid waste handling services does not grant exclusivity for a service that is not actually provided.
(b) Affirms that, where a service for diversion is not being offered by the franchisee under an exclusive franchise, someone other than the franchisee cannot be prohibited from offering that service for diversion, and that, if and when an exclusive franchise is amended to include that service for diversion and the franchisee is providing that service, then that service would no longer be allowed to be offered by someone other than the franchisee.
(c) Clarifies that, since organic waste is required to be recycled statewide, there are specific scenarios in which the existing services provided under an exclusive franchise may be unsuitable to achieve the desired diversion results of the generator and the state, and therefore, if organic waste depackaging, contaminant removal, edible food recovery, food donation improvement, or source reduction, are not offered and actually performed through a local ordinance or a local jurisdiction’s franchise agreement, then undiscarded organic materials may be collected from nonresidential customers, transported, and processed by other persons providing these services if all other applicable state and local requirements are met.
(d) Clarifies that, if a service for diversion is not being provided by the contracted franchise hauler, then a supplemental servicer can operate and provide a service for diversion within that jurisdiction to collect and manage a material that is not currently being diverted through an existing curbside program.

SEC. 2.

 Section 40059 of the Public Resources Code is amended to read:

40059.
 (a) Notwithstanding any other provision of law, each county, city, district, or other local governmental agency may determine all of the following:
(1) Aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.
(2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance.
(b) In accordance with the requirements specified in Section 40051 and the purposes specified in Section 40052, an exclusive franchise, contract, license, or permit to provide services for diversion shall not exceed the services required to be performed and actually performed under the exclusive authorization.

(b)

(c) Nothing in this division modifies or abrogates in any manner either of the following:
(1) Any franchise previously granted or extended by any county or other local governmental agency.
(2) Any contract, license, or any permit to collect solid waste previously granted or extended by a city, county, or a city and county.
(d) A person who provides services for diversion by means other than a franchise, contract, license, or permit, shall comply with all applicable federal, state, regional, and local laws, rules, and regulations, including, but not limited to, regulations related to labor and worker safety, land use, vehicles, and responsible end-use or disposal of materials.

SEC. 3.

 Section 42649.81 of the Public Resources Code is amended to read:

42649.81.
 (a) (1) A business that generates four cubic yards or more of commercial solid waste, as defined in Section 42649.1, per week, shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b).
(2) On or after January 1, 2020, if the department determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for the organic waste recycling services specified in paragraph (1), unless the department determines that this requirement will not result in significant additional reductions of organics disposal.
(3) A business located in a rural jurisdiction that is exempted pursuant to paragraph (2) of subdivision (a) of Section 42649.82 is not subject to this chapter.
(b) A business subject to subdivision (a) shall take at least one of the following actions:
(1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste.
(2) Recycle its organic waste onsite or self-haul its own organic waste for recycling.
(3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.
(4) Make other arrangements consistent with paragraph (3) of subdivision (b) of Section 42649.84.
(c) A business that is a property owner may require a lessee or tenant of that property to source separate their organic waste to aid in compliance with this section.
(d) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements:
(A) Is in the same area as a bin or container for trash other than recyclable organic waste, except in restrooms.
(B) Is visible and easily accessible.
(C) Is clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices.
(2) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant provides its employees an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and implements a program to collect recyclable organic waste.
(3) With respect to a park that is subject to subdivision (a), both of the following apply:
(A) This subdivision only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants.
(B) In lieu of providing an organic waste recycling bin or container as required by paragraph (1), a facility identified in this paragraph may implement a process for recycling organic waste from customers that yields results comparable to or greater in volume and quality to results attained by providing an organic waste recycling bin or container.
(4) The department shall develop model signage that businesses may use in implementing paragraph (1).
(5) For a park that is subject to subdivision (a), this subdivision shall apply on and after January 1, 2022.
(e) A business generating organic waste shall arrange for the recycling services required by this section in a manner that is consistent with state and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of solid and organic waste.
(f) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this chapter.
(g) (1) A multifamily residential dwelling that consists of fewer than five units is not a business for purposes of this chapter.
(2) A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subdivision (b) for food waste that is generated by the business.
(h) If separate organic waste collection and recycling services are not offered through a local ordinance or local jurisdiction’s franchise agreement, a business generating organic waste may arrange for separate organic waste collection and recycling services, until the local ordinance or local jurisdiction’s franchise agreement includes organic waste recycling services.
(i) (1) Subject to paragraphs (2) and (3), if organic waste depackaging, contaminant removal, edible food recovery, food donation improvement, source reduction, or another service otherwise intended to meet the goals of this part is not offered through a local ordinance or a local jurisdiction’s franchise agreement, then an undiscarded organic material may be collected from nonresidential customers, transported, and processed by other persons providing that service if all other applicable state and local regulations and requirements are met.
(2) Paragraph (1) does not apply to byproducts used for livestock feed donations to an organization described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)).
(3) Paragraph (1) shall not be interpreted to do either of the following:
(A) Negate, impact, or otherwise affect activities conducted under Section 40059.4.
(B) Authorize the disposal of covered material, as defined in Section 42041, in a manner inconsistent with the producer responsibility plan, as defined in Section 42041.

SEC. 3.SEC. 4.

 The Legislature finds and declares that the collection, transportation, and diversion from the solid waste stream of undiscarded materials that are not diverted by local waste handling services the ability of Californians to divert waste from landfills where services for diversion are not provided by local solid waste handling services under exclusive authorization is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 Sections 2 and 3 of this act adding Section 40059.5 to amending Sections 40059 and 42649.81 of the Public Resources Code applies to all cities, including charter cities.