Bill Text: CA SB1383 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Short-lived climate pollutants: methane emissions: dairy and livestock: organic waste: landfills.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2016-09-19 - Chaptered by Secretary of State. Chapter 395, Statutes of 2016. [SB1383 Detail]

Download: California-2015-SB1383-Amended.html

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BILL NUMBER: SB 1383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  AUGUST 15, 2016
	AMENDED IN SENATE  APRIL 12, 2016

INTRODUCED BY   Senator Lara
   (Coauthors: Senators Allen, Hancock, and Hill)
   (Coauthor: Assembly Member Gonzalez)

                        FEBRUARY 19, 2016

   An act to add  Section   Sections 
39730.5  and 39730.6  to the Health and Safety Code, 
and to add Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code,   relating to 
greenhouse gases.   methane emissions. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1383, as amended, Lara. Short-lived climate 
pollutants.   pollutants: methane emissions: organic
waste: landfills.  
   The 
    (1)     The  California Global Warming
Solutions Act of 2006 designates the State Air Resources Board as
the state agency charged with monitoring and regulating sources of
emissions of greenhouse gases. The state board is required to adopt a
statewide greenhouse gas emissions limit equivalent to the statewide
greenhouse gas emissions level in 1990 to be achieved by 2020. The
state board is also required to complete a comprehensive strategy to
reduce emissions of short-lived climate pollutants, as defined, in
the state.
   This bill would require the state board, no later than January 1,
2018, to approve and begin implementing that comprehensive strategy
to reduce emissions of short-lived climate pollutants to achieve a
reduction in methane by 40%, hydrofluorocarbon gases by 40%, and
anthropogenic black carbon by 50% below 2013 levels by 2030, as
specified.  The bill also would establish specified targets for
reducing organic waste in landfills.  
   (2) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, establishes an integrated waste management program that
requires each county and city and county to prepare and submit to the
department a countywide integrated waste management plan.  

   The bill would require the department, in consultation with the
state board, to adopt regulations that achieve the specified targets
for reducing organic waste in landfills. The bill would authorize
local jurisdictions to charge and collect fees to recover the local
jurisdiction's costs incurred in complying with the regulations. The
bill would require, 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. The bill would authorize the department, depending on the
outcome of that analysis, to amend the regulations to include
incentives or additional requirements, as specified. By adding to the
duties of local governments related to organic waste in landfills,
this bill would impose a state-mandated local program.  
   (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:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.   (a)    The Legislature finds and
declares all of the following: 
   (a) 
    (1)  Short-lived climate pollutants, such as black
carbon, fluorinated gases, and methane, are powerful climate forces
that have a dramatic and detrimental effect on air quality, public
health, and climate change. 
   (b) 
    (2)  These pollutants create a warming influence on the
climate that is many times more potent than that of carbon dioxide.

   (c) 
    (3)  These toxic air contaminants also are a significant
environmental risk factor for premature death. 
   (d) 
    (4)  Reducing these emissions can have an immediate
beneficial impact on climate change and on public health. 
   (e) 
    (5)  To the extent possible, efforts to reduce emissions
of short-lived climate pollutants should focus on areas of the state
that are disproportionally affected by poor air quality. 
   (b) It is the intent of the Legislature to support the adoption of
policies that improve organics recycling and innovative,
cost-effective, and environmentally beneficial uses of biomethane
derived from solid waste facilities.  
   (c) It is intent of the Legislature that the disposal reduction
targets established pursuant to Section 39730.6 of the Health and
Safety Code shall serve as a statewide average target and not as a
minimum requirement for each jurisdiction. 
  SEC. 2.  Section 39730.5 is added to the Health and Safety Code, to
read:
   39730.5.  (a) No later than January 1, 2018, the state board shall
approve and begin implementing the comprehensive short-lived climate
pollutant strategy developed pursuant to Section 39730 to achieve a
reduction in the statewide emissions of methane by 40 percent,
hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon
by 50 percent below 2013 levels by 2030.
   (b) Prior to approving the short-lived climate pollutant strategy
pursuant to subdivision (a), the state board shall do all of the
following:
   (1) Coordinate with other state and local agencies and districts
to develop measures identified as part of the strategy.
   (2) Provide a forum for public engagement by holding at least
three public hearings in geographically diverse locations throughout
the state.
   (3) Evaluate the best-available scientific, technological, and
economic information to ensure that the strategy is cost effective
and technologically feasible.
   (4) Incorporate and prioritize, as appropriate, measures and
actions that provide the following cobenefits:
   (A) Job growth and local economic benefits in the state.
   (B) Public health benefits for residents, particularly in
disadvantaged communities identified pursuant to Section 39711.
   (C) Potential for new innovation in technology, energy, and
resource management practices.
   (c) The state board shall publicly notice the strategy described
in subdivision (a) and post a copy of that strategy on the state
board's Internet Web site at least one month prior to the state board
approving the strategy pursuant to subdivision (a).
   SEC. 3.    Section 39730.6 is added to the  
Health and Safety Code   , to read:  
   39730.6.  Consistent with Section 39730.5, methane emissions
reduction goals shall include the following targets to reduce the
landfill disposal of organics:
   (a) A 50 percent reduction in the level of the statewide disposal
of organic waste from the 2014 level by 2020.
   (b) A 75 percent reduction in the level of the statewide disposal
of organic waste from the 2014 level by 2025. 
   SEC. 4.    Chapter 13.1 (commencing with Section
42652) is added to Part 3 of Division 30 of the   Public
Resources Code   , to read:  
      CHAPTER 13.1.  SHORT-LIVED CLIMATE POLLUTANTS


   42652.  (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 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 be imposed using
the processes authorized by Sections 41825 and 41850.
   (6) Shall take effect on or after January 1, 2022, except the
imposition of penalties pursuant to paragraph (5) 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.
   42653.  (a) No later than July 1, 2020, the department, in
consultation with the State Air Resources Board, shall analyze the
progress that the waste sector, state government, and local
governments have made in achieving the organic waste reduction goals
for 2020 and 2025 established in Section 39730.6 of the Health and
Safety Code. The analysis shall include all of the following:
   (1) The status of new organics recycling infrastructure
development, including the commitment of state funding and
appropriate rate increases for solid waste and recycling services to
support infrastructure expansion.
   (2) The progress in reducing regulatory barriers to the siting of
organics recycling facilities and the timing and effectiveness of
policies that will facilitate the permitting of organics recycling
infrastructure.
   (3) The status of markets for the products generated by organics
recycling facilities, including cost-effective electrical
interconnection and common carrier pipeline injection of digester
biomethane and the status of markets for compost, biomethane, and
other products from the recycling of organic waste.
   (b) If the department determines that significant progress has not
been made on the items analyzed pursuant to subdivision (a), the
department may include incentives or additional requirements in the
regulations described in Section 42652 to facilitate progress towards
achieving the organic waste reduction goals for 2020 and 2025
established in Section 39730.6 of the Health and Safety Code. The
department may, upon consultation with stakeholders, recommend to the
Legislature revisions to those organic waste reduction goals.
   42654.  This chapter shall not limit the authority of a local
jurisdiction to adopt, implement, or enforce requirements in addition
to those set forth in the regulations adopted pursuant to this
chapter. 
   SEC. 5.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII 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.