California 2009-2010 Regular Session Status: To Executive

AB 737 — Solid waste: diversion.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. Existing law requires the department to review, at least once every 2 years, a jurisdiction's source reduction and recycling element and household hazardous waste element. The department is required to issue an order of compliance if the department finds that a jurisdiction has failed to implement its source reduction and recycling element or its household hazardous waste element, pursuant to a specified procedure. If, after issuing an order of compliance, the department finds the city, county, or regional agency has failed to make a good faith effort to implement those elements, the department is authorized to impose administrative civil penalties upon the city, county, or regional agency. The bill would require the department, by January 1, 2013, to report to the Legislature on the current diversion rate in the state and provide strategies to increase the diversion rate to 75% by 2020. The bill would repeal this requirement on January 1, 2017. (2) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require the owner or operator of a business that contracts for solid waste services and generates more than 4 cubic yards of total solid waste and recyclable materials per week to take specified action. The bill would require a jurisdiction to implement a commercial recycling program meeting specified elements but would not require the jurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial recycling program to meet this requirement. The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's estimated costs incurred in complying with the commercial recycling program requirements. By requiring a jurisdiction to implement a commercial recycling program, this bill would impose a state-mandated local program. The bill would require the department to review a jurisdiction's compliance with the above requirement as a part of the department's review of a jurisdiction's compliance with the 50% solid waste diversion requirement. (3) Existing law requires a city, county, and city and county to incorporate the nondisposal facility element and any amendment to the element into the revised source reduction and recycling element at the time of the 5-year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element. Existing law requires a local task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2009. This bill would change the due date to May 1 of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit. Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit to allow the change, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 46. Noes 29. Page 6906.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time, passed, and to Assembly. (Ayes 21. Noes 11. Page 5030.)

  6. Ordered to third reading.

  7. Withdrawn from committee.

  8. (Ayes 28. Noes 0. Page 4959.)

  9. Re-referred to Com. on RLS.

  10. Reconsideration granted. (Ayes 35. Noes 0. Page 4850.)

  11. Motion to reconsider made by Senator Padilla.

  12. Read third time, passage refused. (Ayes 17. Noes 15. Page 4850.)

  13. Read second time. To third reading.

  14. Read third time, amended. To second reading.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Amend, and do pass as amended. (Ayes 7. Noes 3.) (August 12).

  17. In committee: Placed on APPR suspense file.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  19. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  20. Read second time. To third reading.

  21. Read third time, amended. To second reading.

  22. Read second time. To third reading.

  23. Read third time, amended. To second reading.

  24. Ordered to third reading.

  25. Ordered to Special Consent Calendar.

  26. Read second time. To third reading.

  27. Read third time, amended. To second reading.

  28. Read second time. To third reading.

  29. From inactive file. To second reading.

  30. To inactive file on motion of Senator Simitian.

  31. From Consent Calendar. To third reading.

  32. Read second time. To Consent Calendar.

  33. From committee: Do pass. To Consent Calendar. (July 6).

  34. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  35. In committee: Set, first hearing. Hearing canceled at the request of author.

  36. In committee: Hearing postponed by committee.

  37. Referred to Com. on EQ.

  38. In Senate. Read first time. To Com. on RLS. for assignment.

  39. Read third time, passed, and to Senate. (Ayes 75. Noes 0. Page 987.)

  40. Read second time. To Consent Calendar.

  41. From committee: Do pass. To Consent Calendar. (April 14).

  42. Referred to Com. on E.S. & T.M.

  43. From printer. May be heard in committee March 30.

  44. Read first time. To print.

Sponsors

  • Chesbro · Primary
  • Salas · Cosponsor
  • Huffman · Cosponsor
  • Leno · Cosponsor
  • Padilla · Cosponsor
  • Pavley · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 5 voted No

Sponsors (1)

  • Chesbro

Co-sponsors (5)

  • Salas
  • Huffman
  • Leno
  • Padilla
  • Pavley

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 737 CHESBRO Concurrence in Senate Amendments

Passed 55 Yea · 32 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 522903
Democratic 2100
Republican 1200
Total 553203
% of votes cast 61%36%0%3%
How each member voted (90)
Member Party Vote
Carter — Yea
Charles — Yea
Ammiano — Yea
Beall — Yea
Evans — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Chesbro — Yea
Cook — Nay
Bill — Nay
Tom — Nay
Fuentes — Yea
Fuller — Nay
Garrick — Nay
Fletcher — Nay
Audra — Nay
Gilmore — Nay
Buchanan — Not Voting
Coto — Yea
Hagman — Nay
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Galgiani — Not Voting
Hall — Not Voting
Adams — Nay
Anderson — Nay
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Hayashi — Yea
Huber — Nay
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
Conway — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
Yamada — Yea
DeVore — Nay
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

W/O REF. TO FILE AB737 Chesbro By Padilla

Passed 21 Yea · 11 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 191008
Democratic 2000
Republican 0100
Total 211108
% of votes cast 53%28%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Corbett — Yea
Florez — Yea
Wyland — Not Voting
Lowenthal — Yea
Hancock — Yea
Runner — Nay
Ducheny — Yea
Negrete — Not Voting
Dutton — Nay
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Ashburn — Yea
Blakeslee — Nay
Liu — Yea
McLeod — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Nay
Aanestad — Not Voting
Alquist — Yea
Harman — Nay
Simitian — Yea
Wiggins — Not Voting
Cedillo — Yea
Cogdill — Nay
Emmerson — Not Voting
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB737 Chesbro By Padilla

Failed 17 Yea · 15 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 151408
Republican 0100
Democratic 2000
Total 171508
% of votes cast 43%38%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Cogdill — Nay
Hancock — Yea
Negrete — Not Voting
Runner — Not Voting
Harman — Not Voting
Huff — Nay
Kehoe — Yea
Ducheny — Yea
Dutton — Nay
Liu — Yea
McLeod — Not Voting
Pavley — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Wright — Nay
Cedillo — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Hollingsworth — Nay
Leno — Yea
Oropeza — Not Voting
Price — Not Voting
Wyland — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB737 Chesbro Reconsider

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Harman — Not Voting
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Not Voting
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Blakeslee — Yea
Oropeza — Not Voting
Price — Yea
Simitian — Yea
Wiggins — Not Voting
Cogdill — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Wyland — Nay
Leno — Yea
Alquist — Yea
Ashburn — Nay
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Kehoe — Yea
Corbett — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Alquist — Not Voting
Leno — Yea
Emmerson — Yea

Official roll call →

Do pass and be placed on the Consent Calendar.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Corbett — Yea
Lowenthal — Yea
Runner — Yea
Hancock — Yea
Pavley — Yea
Simitian — Yea
Ashburn — Yea

Official roll call →

AB 737 E.S.& T.M. Consent Calendar Second Day Regular Session

Passed 86 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 79005
Democratic 4001
Republican 3000
Total 86006
% of votes cast 93%0%0%7%
How each member voted (92)
Member Party Vote
Carter — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Eng — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Hill — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
Ammiano — Yea
Beall — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Chesbro — Not Voting
Charles — Not Voting
Hall — Not Voting
Bass — Yea
Blakeslee — Not Voting
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Tran — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Chesbro — Yea
Davis — Yea
Jeffries — Yea
Smyth — Yea
Monning — Yea
Ruskin — Yea
Feuer — Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 737 do?
(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. Existing law requires the department to review, at least once every 2 years, a jurisdiction's source reduction and recycling element and household hazardous waste element. The department is required to issue an order of compliance if the department finds that a jurisdiction has failed to implement its source reduction and recycling element or its household hazardous waste element, pursuant to a specified procedure. If, after issuing an order of compliance, the department finds the city, county, or regional agency has failed to make a good faith effort to implement those elements, the department is authorized to impose administrative civil penalties upon the city, county, or regional agency. The bill would require the department, by January 1, 2013, to report to the Legislature on the current diversion rate in the state and provide strategies to increase the diversion rate to 75% by 2020. The bill would repeal this requirement on January 1, 2017. (2) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require the owner or operator of a business that contracts for solid waste services and generates more than 4 cubic yards of total solid waste and recyclable materials per week to take specified action. The bill would require a jurisdiction to implement a commercial recycling program meeting specified elements but would not require the jurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial recycling program to meet this requirement. The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's estimated costs incurred in complying with the commercial recycling program requirements. By requiring a jurisdiction to implement a commercial recycling program, this bill would impose a state-mandated local program. The bill would require the department to review a jurisdiction's compliance with the above requirement as a part of the department's review of a jurisdiction's compliance with the 50% solid waste diversion requirement. (3) Existing law requires a city, county, and city and county to incorporate the nondisposal facility element and any amendment to the element into the revised source reduction and recycling element at the time of the 5-year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element. Existing law requires a local task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2009. This bill would change the due date to May 1 of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit. Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit to allow the change, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 737?
AB 737 is sponsored by Chesbro, Salas, Huffman, Leno, Padilla, and Pavley.
What is the current status of AB 737?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 737?
Track AB 737 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 737

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 737

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →