Bill Text: CA SB619 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Organic waste: reduction regulations: local jurisdiction compliance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-10-05 - Chaptered by Secretary of State. Chapter 508, Statutes of 2021. [SB619 Detail]

Download: California-2021-SB619-Amended.html

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Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 619

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Introduced by Senator Laird

February 18, 2021

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An act to amend Section 40506 of the Public Resources Code, relating to solid waste. An act to amend Section 42652.5 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

SB 619, as amended, Laird. Waste management. Organic waste: reduction regulations.

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 the 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 to achieve those targets for reducing organic waste in landfills, and authorizes those regulations to require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction, to authorize local jurisdictions to impose penalties on generators for noncompliance, and to include penalties to be imposed by the department for noncompliance. Existing law provides that those regulations shall take effect on or after January 1, 2022, except that the imposition of penalties by local jurisdictions pursuant to the regulations shall not take effect until 2 years after the effective date of the regulations.

This bill would delay the effective date of the regulations from January 1, 2022, to January 1 of an unspecified year, and would provide that the operative date of each of the requirements in the regulations in effect as of December 31, 2021, shall be an unspecified amount of years after the operative date identified in the regulations. The bill would delay the imposition of penalties by local jurisdictions and the department pursuant to the regulations to January 1 of an unspecified year and would authorize the department to develop tools and incentives that encourage and reward early action by local jurisdictions.

Existing law, the California Integrated Waste Management Act of 1989, authorizes the Department of Resources Recycling and Recovery to accept grants, gifts, and donations for the purposes of the act.

This bill would make nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 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 ____. The operative date of each of the requirements in the regulations in effect as of December 31, 2021, shall be ____ years after the operative date identified in the regulations. The imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations. January 1, ____. The department may develop tools and incentives that encourage and reward early action by local jurisdictions.

(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.

SECTION 1.Section 40506 of the Public Resources Code is amended to read:

40506.

The department may accept grants, gifts, and donations for the purposes specified in this division.