Enrolled  August 28, 2024
Passed  IN  Senate  August 26, 2024
Passed  IN  Assembly  August 22, 2024
Amended  IN  Assembly  June 12, 2024
Amended  IN  Senate  April 09, 2024
Amended  IN  Senate  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1046

Introduced by Senator Laird

February 07, 2024

An act to add Section 42656 to the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 1046, Laird. Organic waste reduction: program environmental impact report: small and medium compostable material handling facilities or operations.
Existing law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve specified organic waste reduction goals and to analyze the progress that the waste sector, state government, and local governments have made in achieving those reduction goals, as provided. Existing law authorizes the department to include incentives or additional requirements in specified regulations to facilitate progress towards achieving the organic waste reduction goals if the department determines that significant progress has not been made.
The California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect, as provided. Existing regulations describe the advantages and uses of a program environmental impact report.
This bill would require the Department of Resources Recycling and Recovery to prepare and certify, by January 1, 2027, a program environmental impact report that streamlines the process with which jurisdictions can develop and site small and medium compostable material handling facilities or operations, as defined, for processing organic material, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 42656 is added to the Public Resources Code, immediately following Section 42655, to read:

42656.
 (a) By January 1, 2027, the Department of Resources Recycling and Recovery shall develop and certify a program environmental impact report pursuant to Section 15168 of Title 14 of the California Code of Regulations to streamline the permitting process for small and medium compostable material handling facilities or operations in the state that accept agricultural, food, and green materials. The program environmental impact report shall streamline the process with which jurisdictions can develop and site those facilities or operations to ensure organic material in the state is processed to its highest and best use.
(b) For the purposes of this section, all of the following definitions apply:
(1) “Agricultural material” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations.
(2) “Compostable material handling facility or operation” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations.
(3) “Food material” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations.
(4) “Green material” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations.
(5) “Medium compostable material handling facility or operation” means a facility or operation that handles more than 5,000 and not more than 12,500 cubic yards of material, including feedstock, compost material, additives, amendments, and finished compost at any one time.
(6) “Small compostable material handling facility or operation” means a facility or operation that handles not more than 5,000 cubic yards of material, including feedstock, compost material, additives, amendments, and finished compost at any one time.