Solid Waste

SB 804 (Lara) – Support
As Amended April 22, 2013

SB 804, by Senator Ricardo Lara, passed out of the Senate Environmental Quality Committee this week. This is the CSAC, Los Angeles County co-sponsored bill dealing with solid waste conversion technology. This bill would take a step forward in advancing CTs in California by adding them to the definition of biomass in statute. Current law defines “biomass conversion” as the controlled combustion of organic materials–such as wood, lawn and garden clippings, agricultural waste, leaves, tree pruning as well as non-recyclable paper–when separated from other solid waste and used for producing electricity or heat. This bill would simply include CTs to the biomass definition, allowing for cleaner and more efficient technologies to be used in the biomass process. In addition, SB 804 includes anaerobic digestion in the definition of composting. Anaerobic digestion refers to the controlled biological decomposition of organic material with little or no oxygen. The decomposition of organic materials in solid waste landfills produces significant amounts of methane, a potent greenhouse gas. Anaerobic digestion can help California reduce greenhouse gas emissions under the Global Warming Solutions Act of 2006, (AB 32) by diverting organic materials from landfills, generate low-carbon fuels, and assist with meeting the state’s 75% recycling goal. These changes will ensure that anaerobic digestion facilities are treated comparably to composting facilities. If you would like more information, please contact Cara Martinson at 916-327-7500, ext. 504, or cmartinson@counties.org. This bill will be heard next in the Senate Appropriations Committee. 

AB 158 (Levine) – Support
As Amended April 9, 2013

AB 158, by Assembly Member Mark Levine, would phase- out the use of single-use bags at certain retailers and place requirements on reusable bags. Specifically, this bill would prohibit retailers with gross annual sales of $2 million or more or 10,000 square feet or more of retail space on and after January 1, 2015 from providing a single-use carryout bag to a customer at the point-of-sale. In addition, this bill would require a store, on and after January 1, 2016, to only provide a reusable grocery bag to a customer, which may be made available for purchase. 

AB 158 does not pre-empt local ordinances relating to single-use bags. CSAC is working with the author’s office on amendments that would ensure that all existing ordinances are grandfathered in and that this bill would in no way preempt local governments from adopting ordinances. CSAC supports this bill because it will help to reduce plastic pollution and the costs associated with it. AB 158 is scheduled to be heard before the Assembly Appropriations Committee on Wednesday, May 8.

AB 323 (Chesbro) – Oppose Unless Amended
As Introduced February 12, 2013

AB 323, by Assembly Member Chesbro, would require the Department of Resources, Recycling and Recovery (CalRecycle) to adopt regulations to provide that, no later than January 1, 2020, the use of green material as alternative daily cover (ADC) does not constitute diversion through recycling and would be considered disposal. 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. AB 323 would also require Cal Recycle by 2017 to develop regulations to mandate the source separation of organics for large commercial organics generators. 

CSAC has expressed concerns with the green waste ADC phase-out and urged the author to consider amendments that would allow CalRecycle to develop a process which may allow qualified jurisdictions to continue the practice of using green waste daily cover and receive diversion credit beyond the 2020 deadline. We also expressed concern with the mandate on large commercial organics generators given the lack of composting infrastructure and markets. The permitting of such facilities continues to be a significant hurdle with ongoing issues with air districts and the public perception that compost facilities are an undesirable land use.

CSAC has indicated to that author that we would welcome the opportunity to work with him to develop an alternative more flexible approach that takes into consideration regional differences that acknowledge infrastructure and market availability, as well as permitting and siting obstacles.

AB 323 passed out of the Assembly Natural Resources Committee on Monday, April 29 and now moves to the Assembly Appropriations Committee.

AB 1337 (Allen) – Oppose
As Amended March 21, 2013

AB 1337, by Assembly Member Travis Allen, failed passage before the Assembly Natural Resources Committee on Monday, April 29. This bill would prohibit cities and counties from placing a fee on, or banning single-use plastic bags. Besides opposing the bill as a preemption of local control CSAC also was concerned that the bill approach is entirely contrary to other bills that we are supporting that would help reduce pollution caused by plastic bags by phasing out the use of single-use bags.

SB 405 (Padilla) – Support
As Amended April 2, 2013

SB 405, by Senator Alex Padilla, is substantially similar to AB 158. As stated above, this bill 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. SB 405 does not pre-empt local ordinances relating to single-use bags. CSAC is also working with the author’s office on amendments that would ensure that all existing ordinances are grandfathered in and that this bill would in no way preempt local governments from adopting ordinances. This bill passed the Senate Environmental Quality Committee on Tuesday, April 2 and was placed on the Senate Appropriations Committee’s Suspense File on Monday, April 29.

SB 700 (Wolk) – Request Comments
As Amended April 23, 2013

SB 700, by Senator Lois Wolk, would charge a $0.05 fee on single-use carry-out bags for the purposes of providing grants to cities and counties to support local parks and local park programs. It would also authorize local governments to adopt ordinances to not have this bill’s bag tax imposed in a local jurisdiction, but with the caveat that those local jurisdictions that choose to do so are ineligible for grant. This bill would not preempt or prohibit local ordinances, regulations, resolutions or rules governing single-use carryout bags or recycling programs, or solid waste or household hazardous waste agreements. 

The bill has passed both the Natural Resources and Wildlife Committee and Senate Environmental Quality Committee. It is scheduled to be heard before the Senate Appropriations Committee on Wednesday, May 15. CSAC is requesting your input on this bill. 

Proposition 39

AB 39 (Skinner/ Perez) – Support-if-Amended
As Amended April 24, 2013

AB 39, by Assembly Member Skinner and Speaker John A. Perez, passed out of the Assembly Utilities and Commerce Committee this week. CSAC has taken a support-if-amended position on the bill because of its limited inclusion of public buildings. Specifically, this bill would allocate 75% of funds for grants to schools K-12, and 11% of that going to community colleges; and, 25% of funds dedicated to K-14 for low-interest or no-interest revolving loans, or loan loss reserve programs for five years with other public buildings eligible for loans and financing at fiscal year 2016-17. CSAC feels strongly that there is a larger role for local governments in the implementation of Prop. 39. CSAC, along with our local government partners, is advocating that public facilities should be eligible for these funds for the entire five- year allocation. CSAC is asking for amendments to address this concern. This bill has been referred to the Assembly Appropriations Committee.

SB 64 (Corbett) – Support
As Amended April 23, 2013

SB 64, by Senator Ellen Corbett, will be heard in the Senate Appropriations Committee on Monday, May 6, 2013. This bill would help to implement Prop. 39 by requiring the State Energy Resources Conservation and Development Commission (CEC) to develop and administer programs to provide financial assistance to school districts and cities and counties to install energy efficiency and clean energy technology projects for their facilities. This is currently the only Prop 39 bill that would include counties as eligible recipients for the entire Prop 39 funding stream. 

CEQA

SB 731 (Steinberg) – Support in Concept
As Amended April 23, 2013

Senate President Pro Tem, Darrell Steinberg, amended his SB 731 last week to provide substance to his CEQA Reform measure, which had previously been a placeholder (spot) bill. This bill is anticipated to be the main vehicle for any substantive CEQA Reform discussions, and did pass out of the Senate Environmental Quality Committee on Wednesday, May 1st, along with several other CEQA-related bills on the Senate side. CSAC has a support-in-concept position on SB 731, with a commitment to provide more substantive comments on the bill in the coming weeks and to continue to work with the author as discussions continue. 

The following are key points of the legislation:

• Thresholds Section. New section on thresholds of significance provides that OPR propose revisions to the Guidelines of thresholds of significance for noise, transportation and parking impacts for residential, mixed use residential, or employment center projects within transit priority areas. Also provides that aesthetic impacts of a residential, mixed-use residential, or employments center projects shall not be considered significant impacts on the environment.
• Tolling Provisions. Provides that the limitation period for filing lawsuits may be tolled for a period of four years.
• Record of Proceedings. Provides that the lead agency prepare the record of proceedings concurrently with the administrative process and requires information to be posed to the website.
• Writ of Mandate. Provides that a writ may direct an agency to revise only portions of the document found not to be in compliance.
• Notice. Notice provisions including making available in draft form for public review at least 15 days prior to the project, notice by email.
• Annual Report. Provides a new requirement for lead agencies to prepare and publish annual reports for every approved project, detailing compliance with CEQA mitigation measures.
• Funding. $30 million in planning grant to local agencies to be allocated by the Strategic Growth Council.

CSAC is in the process of developing more comprehensive policy on CEQA Reform. The draft policy will go before the Housing, Land Use and Transportation Committee during the CSAC Legislative Conference in the end of May and to the CSAC Board of Directors for final review and approval also at the Legislative Conference. Once we have policy in place, CSAC will be providing more detailed comments on SB 731. If you would like more information about our CEQA Reform policy, please contact Cara Martinson at 916-327-7500, ext. 504, or cmartinson@counties.org. 

Agricultural Land Conversion

AB 823 – Oppose
As amended April 23, 2013

AB 823, by Assembly Member Susan Eggman, was substantially amended to address some of the concerns express by the opposition. The bill would still amend a part of the California Environmental Quality Act (CEQA) review process to address projects that involve the conversion of agricultural lands. Instead of including minimum mitigation ratios, the bill would now require the lead agency to (1) require that all feasible mitigation of the identified significant environmental impacts associated with the conversion be completed by the project applicant and (2) consider the permanent protection or replacement of agricultural land as feasible mitigation for these impacts.

CSAC and the Regional Council of Rural Counties (RCRC) continue to have concerns with the bill but have committed to work with the author and sponsors in developing an alternative approach. AB 823 passed out of the Assembly Natural Resources Committee on Monday, April 29 and was referred to the Assembly Agriculture Committee of which Assembly Member Eggman is the chair.

Timber Harvest Plans

AB 350 (Bigelow/Wieckowski) — Watch
As Amended April 22, 2013

AB 350, co-authored by Assembly Member Frank Bigelow and Assembly Member Bob Wieckowski, failed passage before the Assembly Natural Resources Committee on Monday, April 29, but was granted reconsideration by the committee. This bill would expand the diameter of a tree stump exempted from the Forest Fire Prevention Exemption under the Timber Harvest Plan. This measure is intended to cut the red tape to allow private forest land owners to do the much-needed work of clearing out deadwood, underbrush and other highly flammable materials that turn healthy forest fires disastrous.