Solid Waste

AB 1126 (Gordon) – Chaptered 
Chapter 411, Statutes of 2013
 
AB 1126, by Assembly Member Rich Gordon and Assembly Member Kevin Mullin, was signed by the Governor this week. As you may recall, this bill defines several terms to provide clarity and a permitting pathway for solid waste conversion technology facilities that process municipal solid waste. CSAC had a support if amended position on the bill due to ongoing concerns with select provisions and definitions in the bill. The bill establishes narrow criteria for what could be used by a conversion facility. For example, in order to be considered an Engineered Municipal Solid Waste (EMSW) conversion facility, a facility and its process must meet certain requirements including “the conversion is efficient and maximizes the net calorific value and burn rate of the waste.” This provision appears to be exclusive to combustion facilities. In addition, facilities are limited to 500 tons per day and required to utilize a feedstock that has a moisture content of less than 25% and less than 25% noncombustible waste. However, the bill does include a modification to the requirement that these facilities be included in the countywide siting element, requiring just a description of areas to be used for EMSW conversion and allows a siting element provided for an EMSW conversion facility to only be approved by the city or county in which it is located. 

Metal Theft

AB 909 (Gray) – VETOED 
 
AB 909, by Assembly Member Adam Gray, was vetoed by the Governor this week. As you may recall, this bill would have required, on or after January 1, 2015, the Department of Justice to establish the Metal Theft Task Force Program (MTTFP).   The program would have been voluntary provided grants to regional task forces to provide local law enforcement and district attorneys with the tools and funding necessary to deter, investigate, and prosecute metal theft and related metal theft crimes.  The funding was to come from the federal government, industry, and private sources. In his veto message, the Governor stated that AB 909 included a new enforcement effort without identifying a funding source, and that he, instead, signed SB 485 (Calderon), which does provide a funding source for greater enforcement within the existing infrastructure. 
 
 AB 841 (Torres) – Vetoed
 
AB 841, by Senator Norma Torres, was vetoed by the Governor this week. As you may recall, this bill would have expanded law enforcement’s capacity to deal with the metal theft epidemic by requiring recyclers to issue check payments for copper recycling. In his veto message, the Governor cited other, more effective efforts at dealing with metal theft, including existing law that requires that a seller wait three days before receiving payment for metal materials, a written record of the transaction, the name, driver’s license number, license plate number, thumbprint of the seller, and a photograph or video of the seller and the material being sold.

AB 32 Scoping Plan Update

The California Air Resources Control Board (CARB) released its updated version of the AB 32 Scoping Plan this week. The document is an update of the initial Scoping Plan, which was the original framework for how California would implement the goals set forth in AB 32, the Global Warming Solutions Act of 2006, which aims to reduce California’s greenhouse gas (GHG) emissions to 1990 levels by 2020. The update is required by statute and focuses on three key questions: How has California done over the past five years? What is needed to continue the prescribed course of action to 2020? And, what steps must we take in the coming years to continue cutting emissions and grow the economy to meet our long-term goals? The draft also includes an overview of the current science of climate change, an expanded discussion of short-lived climate pollutants such as methane and black carbon, and actions California must take to continue GHG reductions in six key focus areas: energy; transportation, land use, fuels and infrastructure; water; agriculture; natural and working lands; and, waste. It is also expected that the updated Scoping Plan will help drive the investment of Cap and Trade funds that are expected to be allocated through the budget process this year. 
CARB will hold a  public workshop on October 15 in Sacramento (which will also be webcast), and a meeting of the Board at the end of October to hear from all stakeholders and provide further direction to staff on revisions to the discussion draft presentation to the ARB at its Board meeting at the end of October.  Following the October Board meeting, the draft will be revised and then presented to the Board at its December meeting. The Board is anticipated to consider approval of the update in Spring of 2014. To view the discussion draft Scoping Plan Update, visit the CARB website. To send comments on the discussion draft Scoping Plan Update, go here.

California @ 50 Million: The Governor’s Environmental Goals and Policy Report

The Governor’s Office of Planning and Research (OPR) released a discussion draft of their updated Environmental Goals and Policy Report (EGPR). This report considers California’s future as home to 50 million people, a milestone the state is projected to hit by the middle of this century. The Report focuses on the state’s sustainability efforts across California as part of our multi-faceted response to climate change, which includes reducing greenhouse gas emissions and safeguarding the state from inevitable changes. Looking ahead, the state is poised to grow its population and economy, while protecting the environment for current and future generations. This document helps to guide that course. OPR is soliciting feedback on this report and will be hosting workshops and meeting to help facilitate stakeholder feedback. Comments can be submitted to ca.50m@opr.ca.gov. 

Water Plan UPDATE

The Department of Water Resources (DWR) released the public review draft for California Water Plan Update 2013, California’s key water planning document. The content reflects input received from collaboration with hundreds of stakeholders and dozens of state agencies. The Water Plan is organized in five volumes, with the first three released this month. Comments are due 45 days after the release of each volume. They will all be discussed at the Water Plan plenary meeting, Tuesday and Wednesday, Oct. 29 and 30, in Sacramento. For more information, visit California Water Plan eNews.