Solid Waste

AB 323 (Chesbro) – Request for Comments
As Introduced February 12, 2013

AB 323, by Assembly Member Chesbro, would seek to regulate the management of solid waste organic material. Specifically, this bill would eliminate diversion credit for green material used as Alternative Daily Cover (ADC) and require Cal Recycle by 2017 to develop regulations to mandate the source separation of organics for large commercial organics generators. The bill includes a clause that would delay the date of the ADC regulation by up to two years if Cal Recycle determines that there is insufficient infrastructure to handle green material. In addition, AB 323 directs Cal Recycle to conduct analysis of the use of residual fines from material recovery facilities (MRF) and materials left over from the composting process for use as ADC and other forms of beneficial use in the design and operation of a solid waste landfill.

This bill has been referred to the Assembly Natural Resources Committee.

AB 403 (Stone) – Request for Comments
As Amended March 19, 2013

AB 403, by Assembly Member Mark Stone, seeks to create an extended producer responsibility program for home generated sharps. Specifically, this bill would require a producer of home-generated sharps or a stewardship organization designated by the producer to submit a home- generated sharps stewardship plan to Cal Recycle by April 1, 2015. The bill would require the plan to provide for the development and implementation of a recovery program to reduce the generation of, and manage the end-of-life of, home-generated sharps. 

This bill has been referred to the Assembly Environmental Safety and Toxic Materials Committee. 

AB 513 (Frazier) – Request for Comments
As Introduced February 20, 2013

AB 513, by Assembly Member Jim Frazier, would establish the Rubberized Asphalt Concrete Market Development Act. AB 513 would require Cal Recycle to award grants to cities, counties, and other local government agencies for the funding of public works projects that utilize rubberized asphalt concrete. Specifically, this bill would require the department to annually expend $10 million from the moneys authorized to be expended for the tire recycling program, upon appropriation by the Legislature, to award these grants. The bill would require the grants to pay $2 for every 12 pounds of crumb rubber used in a paving project by a local government agency. 

This bill has been referred to the Assembly Natural Resources Committee. 

SB 254 (Hancock) – Request for Comments
As Introduced February 13, 2013

SB 254, by Senator Loni Hancock, would create the Used Mattress Recovery and Recycling Act with the goal of creating an extended producer responsibility (EPR) program for used mattresses in California. Specifically, this bill would create the structure of an EPR program, requiring a manufacturer of mattresses sold in this state, individually, collectively, or through a stewardship organization, to provide a EPR plan to Cal Recycle by April 1, 2014, that ensures that the manufacturer will be responsible for the collection and recycling of used mattresses generated by consumers.

This bill has been referred to the Senate Environmental Quality Committee. 

SB 405 (Padilla) – Request for Comments
As Introduced February 20, 2013

SB 405, by Senator Alex Padilla, would, as of January 1, 2015, prohibit stores that have a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer. In addition, SB 405 would, on and after July 1, 2016, additionally impose these prohibitions and requirements on convenience food stores, food marts, and certain other specified stores. The bill also contains requirements for reusable grocery bags.

This bill has been set for hearing on April 3, 2013 in the Senate Environmental Quality Committee. 

Climate Change

AB 416 (Gordon) – Support
As Introduced February 15, 2013

AB 416, by Assembly Member Richard Gordon, would establish a competitive grant program within the California Air Resources Board for purposes of providing grants to public agencies, including cities, counties, special districts, metropolitan planning organizations, regional climate authorities, special districts, joint powers authorities, air pollution control and air quality management districts, regional collaboratives, or nonprofit organizations working in coordination with a local government, for projects that develop and implement greenhouse gas emission reductions at the local level. Consideration would be given to projects that do the following:

• Create local job training and job creation benefits.
• Decrease air or water pollution.
• Reduce the consumption of natural resources or energy.
• Provide opportunities to achieve greenhouse gas emission reductions in ways that increase localized energy resources.
• Increase the reliability of local water supplies.
• Increase solid waste diversion from landfills.
• Achieve greenhouse gas emission reductions in ways that reduce vehicle miles traveled.
• Prevent conversion of agricultural, forest, and open space lands to uses that result in higher greenhouse gas emissions.

CSAC believes that local governments are instrumental in helping the State meet their climate and energy goals. As the closest level of government to Californians, local governments are able to make a significant impact by taking action in our communities and promoting public awareness; however, we need the funding to accomplish these goals. This bill would provide funding on the local level to proven GHG reducing projects as well as energy efficiency and clean energy generation projects that would also create jobs. 

CSAC is requesting county support of this bill. Please send your letters of support to the author and the Assembly Natural Resources Committee. 

Hydraulic Fracturing

Given the growing concern over hydraulic fracturing (fracking), several bills have been introduced this session that in one form or another propose to regulate or tax the industry’s expansion. CSAC has a pending position on all of the following bills and would appreciate county comments. The bills include:

AB 7, by Assembly Member Bob Wieckowski, would require the public disclosure of chemicals used in the hydraulic fracturing process. It would also require details on the amount of water used in the fracking process and its disposition.

AB 288, by Assembly Member Marc Levine, would establish general principles for fracking regulation including comprehensive notice requirements. The further specifies that all fracking permit applications would be required to demonstrate that use of the permit will present no threat to public health and safety. 

AB 649, by Assembly Member Adrin Nazarian, would ban fracking and the use of clean freshwater for purposes of fracking, on any oil or gas well, if the well is located within an unspecified distance from an aquifer. The bill would also provide for a study to be completed to address issues related to fracking with the possibility that it could be allowed in some circumstances after a specified determination is made by the Secretary of the Natural Resources Agency and the Secretary for Environmental Protection.

AB 982, by Assembly Member Das Williams, would require companies fracking for oil and gas in California to monitor groundwater quality both before, and after any hydraulic fracturing. The bill would also require notice to the oil and gas supervisor describing the source, volume and disposal plan for water to be used in the fracturing operation.

AB 1301, by Assembly Member Richard Bloom, would define “hydraulic fracturing” and would ban fracking until the Legislature enacts subsequent legislation that determines whether and under what conditions hydraulic fracturing may be conducted.

AB 1323, Holly Mitchell, would also define “hydraulic fracturing” and require by July 1, 2014, the Secretary of the Natural Resources Agency and the Secretary for Environmental Protection to convene an advisory committee to develop a report, based on the best scientific information available, relating to hydraulic fracturing. All fracking in the state would be prohibited until completion of the report and a determination is made that fracking can be conducted without a risk to the public health and welfare, environment, or the economy of the state.

SB 4, by Senator Fran Pavley, is a comprehensive and detailed fracking bill that includes chemical disclosure before and after fracking, baseline and follow-up water monitoring, and many other provisions.

Other oil and gas industry-related bills that will impact fracking if passed include:

AB 669, by Assembly Member Mark Stone, would require more reporting for “produced water” — the water that also comes out of the ground during oil and gas production. This is not technically a fracking bill, but related as produced water may include waste fracking fluids.

SB 395, by Assembly Member Hannah-Beth Jackson, is also a “produced water” bill. It would move any “hazardous” produced water to the jurisdiction of the Department of Toxic Substances Control from the Division of Oil, Gas and Geothermal Resources.

SB 665, by Senator Lois Wolk, would establish the appropriate bonding requirements for oil and gas wells.