California 2009-2010 Regular Session Status: Passed Assembly

AB 479 — Solid waste: diversion.

Last action — From Senate committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 California Integrated Waste Management Board, 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 board to review, at least once every 2 years, a jurisdiction's source reduction and recycling element and household hazardous waste element. The board is required to issue an order of compliance if the board 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 board finds the city, county, or regional agency has failed to make a good faith effort to implement those elements, the board is authorized to impose administrative civil penalties upon the city, county, or regional agency. This bill would require the board, on January 1, 2020, and annually thereafter, to ensure that 75% of all solid waste generated is source reduced, recycled, and composted. The bill would prohibit the board from imposing any enforceable requirements against a local agency or a solid waste enterprise or that includes aspects of solid waste handling that are of local concern to implement this 75% diversion level. (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 by January 1, 2011. 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. By requiring a jurisdiction to implement a commercial recycling program, this bill would impose a state-mandated local program. The bill would require to board to review a jurisdiction's compliance with the above requirement as a part of the board's review of a jurisdiction's compliance with the 50% solid waste diversion requirement. The bill would require the board, commencing in 2014 and also in 2019, to conduct a statewide study to measure the amount of greenhouse gas emissions reduction attributable to the implementation of the commercial recycling program. If the board determines that the implementation of the commercial recycling programs is not meeting the greenhouse gas emissions reduction required in the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006, the bill would authorize the board to require jurisdictions that have not already done so to adopt a mandatory commercial recycling ordinance. (3) Existing law prohibits an operator of a solid waste facility from making a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit unless the change is approved by the enforcement agency. Existing law requires the enforcement agency, within 60 days of receipt of an application for a revised permit, to inform the operator of its determination. This bill would require the enforcement agency to inform the operator that it is requiring the modification of the solid waste facility permit without a revision of the permit to allow the change if the enforcement agency determines that the proposed change meets specified requirements. By imposing new duties upon a local enforcement agency with regard to an application for a revised permit, the bill would impose a state-mandated local program. (4) 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 board 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 board or comment and review by a local task force. (5) Existing law requires each state agency to submit an annual report to the board summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2010. This bill would change the due date to May 1 of each year. (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. From Senate committee without further action.

  2. In committee: Held under submission.

  3. In committee: Placed on Appropriations suspense file.

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

  5. Read second time, amended, and re-referred to Com. on APPR.

  6. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 6).

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

  8. Referred to Com. on EQ.

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

  10. Read third time, passed, and to Senate. (Ayes 41. Noes 32. Page 1996.)

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 11. Noes 5.) (May 28).

  13. In committee: Set, first hearing. Referred to APPR. suspense file.

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 13).

  17. Referred to Com. on NAT. RES.

  18. From printer. May be heard in committee March 27.

  19. Read first time. To print.

Sponsors

  • Chesbro · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Chesbro

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Cox — Yea
Leno — Yea
Price — Yea
Walters — Yea
Kehoe — Yea
Oropeza — Yea
Wolk — Yea
Denham — Yea

Official roll call →

AB 479 CHESBRO Assembly Third Reading

Passed 47 Yea · 37 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 443507
Republican 1200
Democratic 2001
Total 473708
% of votes cast 51%40%0%9%
How each member voted (92)
Member Party Vote
Bill — Nay
Tom — Nay
Fuller — Nay
Garrick — Nay
Yamada — Not Voting
Fletcher — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Hagman — Nay
Hall — Not Voting
Charles — Not Voting
Portantino — Not Voting
Harkey — Nay
Huber — Nay
Conway — Nay
Cook — Nay
Duvall — Nay
Mendoza — Nay
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Coto — Yea
Davis — Yea
Bass — Yea
Beall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Monning — Yea
Nielsen — Nay
Skinner — Yea
Solorio — Not Voting
Torrico — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14501
Democratic 1000
Republican 0100
Total 15601
% of votes cast 68%27%0%5%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Krekorian — Yea
Ammiano — Yea
Duvall — Nay
Solorio — Not Voting
Torlakson — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Price — Yea
Skinner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 479 do?
(1) The California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, 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 board to review, at least once every 2 years, a jurisdiction's source reduction and recycling element and household hazardous waste element. The board is required to issue an order of compliance if the board 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 board finds the city, county, or regional agency has failed to make a good faith effort to implement those elements, the board is authorized to impose administrative civil penalties upon the city, county, or regional agency. This bill would require the board, on January 1, 2020, and annually thereafter, to ensure that 75% of all solid waste generated is source reduced, recycled, and composted. The bill would prohibit the board from imposing any enforceable requirements against a local agency or a solid waste enterprise or that includes aspects of solid waste handling that are of local concern to implement this 75% diversion level. (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 by January 1, 2011. 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. By requiring a jurisdiction to implement a commercial recycling program, this bill would impose a state-mandated local program. The bill would require to board to review a jurisdiction's compliance with the above requirement as a part of the board's review of a jurisdiction's compliance with the 50% solid waste diversion requirement. The bill would require the board, commencing in 2014 and also in 2019, to conduct a statewide study to measure the amount of greenhouse gas emissions reduction attributable to the implementation of the commercial recycling program. If the board determines that the implementation of the commercial recycling programs is not meeting the greenhouse gas emissions reduction required in the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006, the bill would authorize the board to require jurisdictions that have not already done so to adopt a mandatory commercial recycling ordinance. (3) Existing law prohibits an operator of a solid waste facility from making a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit unless the change is approved by the enforcement agency. Existing law requires the enforcement agency, within 60 days of receipt of an application for a revised permit, to inform the operator of its determination. This bill would require the enforcement agency to inform the operator that it is requiring the modification of the solid waste facility permit without a revision of the permit to allow the change if the enforcement agency determines that the proposed change meets specified requirements. By imposing new duties upon a local enforcement agency with regard to an application for a revised permit, the bill would impose a state-mandated local program. (4) 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 board 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 board or comment and review by a local task force. (5) Existing law requires each state agency to submit an annual report to the board summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2010. This bill would change the due date to May 1 of each year. (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 479?
AB 479 is sponsored by Chesbro.
What is the current status of AB 479?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 479?
Track AB 479 free on One Click Politics — get push/email alerts when it moves.

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