October 20, 2022

CSAC recently reported on the final outcomes of measures that were approved by the Legislature and delivered to Governor Newsom for action. To keep counties informed of new laws of interest and impact, CSAC will publish a series of articles to spotlight those laws in each policy area. This week, the Agriculture, Environment, and Natural Resources (AENR) policy area provides information on new laws impacting local flood protection plans, organic waste, cannabis, and wildfire.

AB 1811 (Fong) Local Flood Protection Plans

AB 1811 requires local flood protection plans to include planning for climate change and rainwater and stormwater management. The bill would require the plan to additionally include an update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.

AB 1985 (Rivas) Organic Waste

This bill establishes a delayed and ramping timeline for CalRecycle to impose penalties on local jurisdictions which fail to reach organic waste procurement targets. Penalties will have to adhere to the following schedule:

• After January 1, 2023, a local jurisdiction shall only be subject to penalties if it fails to reach less than 33 percent of its procurement target;
• After January 1, 2024, a local jurisdiction shall only be subject to penalties if it fails to reach less than 66 percent of its procurement target; and
• After January 1, 2025, a local jurisdiction shall only be subject to penalties if it fails to reach less than 100 percent of its procurement target.

AB 2048 (Santiago) Solid Waste Franchise Agreements

AB 2048 requires local jurisdictions to post current franchise agreements between contract waste and recycling haulers and public agencies to their website. Cal Recycle will, in turn, maintain a publicly accessible database of these agreements.

SB 45 (Portantino) Local Government Assistance for Organic Waste

This bill formally directs Cal Recycle to assist local agencies in implementing SB 1383 which, requires cities and counties to reduce and eventually eliminate organic wastes from their disposal facilities to reduce methane emissions.

SB 1186 (Wiener) Medicinal Cannabis Patients’ Right of Access Act

This bill requires all jurisdictions that do not allow cannabis retail as of January 1, 2022, to allow for delivery sales of medicinal cannabis. The bill also prohibits regulations that would impose “unreasonable restrictions” on the sale of medicinal cannabis CSAC opposed this measure, and.

SB 867 (McGuire)  Wildfire Debris Cleanup & Removal

This bill requires CalRecycle to prequalify contractors to enter into contracts to perform prescribed wildfire debris cleanup and removal work in communities impacted by wildfires. Clean up of debris includes the removal, transport, and recycling/disposal of metals, ash, debris, concrete foundation, potentially dangerous trees and contaminated soil on residential, commercial and public properties.