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AB-2959 Solid waste: byproducts from the processing of food or beverages.(2019-2020)

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Date Published: 07/01/2020 09:00 PM
AB2959:v97#DOCUMENT

Amended  IN  Senate  July 01, 2020
Amended  IN  Assembly  May 05, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2959

Introduced by Assembly Member Calderon

February 21, 2020

An act to amend Section 40059.4 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 2959, as amended, Calderon. Solid waste: byproducts from the processing of food or beverages.
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. The act authorizes each county, city, district, or other local governmental agency to determine, among other things, whether solid waste handling services are provided for by means of a nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. The act prohibits those local governmental entities from exercising that authority with regard to the hauling of byproducts from the processing of food or beverages if certain conditions are met, including the condition that the byproducts originate from, among others, entities required to be registered for the manufacture, packing, or holding of any processed food in this state and certain entities exempt from that registration.
This bill would reauthorize those local governmental entities to exercise that authority if those byproducts originate from a retail or commercial establishment such as a supermarket, grocer, restaurant, or other retail food establishment. The bill would additionally prohibit those local governmental entities from exercising that authority if those byproducts originate from a winegrower or brandy manufacturer, as defined, under those same conditions, and would make other specified revisions to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 40059.4 of the Public Resources Code is amended to read:

40059.4.
 (a) For purposes of this section, “industrial source” means any of the following:
(1) An entity that manufactures, packs, or holds processed food for human consumption, but does not provide food directly to the consumer, and that is required to be registered pursuant to Section 110460 of the Health and Safety Code, except for but not including retail and commercial establishments such as supermarkets, grocers, restaurants, and other retail food establishments.
(2) An entity that manufactures, packs, or holds processed food for human consumption, but does not provide food directly to the consumer, and that is exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for but not including retail and commercial establishments such as supermarkets, grocers, restaurants, and other retail food establishments.
(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.
(4) A winegrower, as defined in Section 23013 of the Business and Professions Code.
(5) A brandy manufacturer, as defined in Section 23014 of the Business and Professions Code.

(4)

(6) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.
(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:
(1) The byproducts originate from agricultural or industrial sources. sources, including, but not limited to, entities that manufacture or distill beer, wine, or spirits.
(2) The byproducts do not include animal, including fish, processing byproducts.
(3) The byproducts are source separated by the generator of the byproducts.
(4) The byproducts are not discarded.
(5) The byproducts are used as animal feed.
(c) If an entity has a physical location that includes both an industrial source and a retail food establishment, only the byproducts generated by the industrial source are subject to the provisions of subdivision (b).