California 2011-2012 Regular Session Status: Enacted

AB 341 — Solid waste: diversion.

Last action — Chaptered by Secretary of State - Chapter 476, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 10, 2011. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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. The department is required to file an annual progress report with the Legislature by March 1 that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunction with the annual progress report, if the combined report is submitted by January 1, 2014. The bill would repeal the report requirement on January 1, 2017. (2) 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 and 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. (3) 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 a business, defined to include a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bill would also require a commercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste 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 solid waste 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 costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste 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 and would authorize the department to review a jurisdiction's compliance pursuant to a specified procedure. (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. Chaptered by Secretary of State - Chapter 476, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 29. Page 3129.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 13. Page 2386.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Do pass as amended. (Ayes 6. Noes 3.) (August 25).

  11. In committee: Referred to APPR. suspense file.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 27).

  14. Referred to Com. on E.Q.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 28. Page 1674.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 5.) (May 27).

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

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (April 25).

  23. Measure version as amended on April 6 corrected.

  24. Re-referred to Com. on NAT. RES.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  26. Referred to Com. on NAT. RES.

  27. From printer. May be heard in committee March 13.

  28. Read first time. To print.

Sponsors

  • Blumenfield · Cosponsor
  • Chesbro · Primary
  • Padilla · Cosponsor
  • Williams · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 6 voted No

Sponsors (1)

  • Chesbro

Co-sponsors (3)

  • Blumenfield
  • Padilla
  • Williams

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 341 CHESBRO Concurrence in Senate Amendments

Passed 49 Yea · 29 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 482702
Republican 0200
Democratic 1000
Total 492902
% of votes cast 61%36%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Feuer — Yea
Furutani — Yea
Butler — Yea
Gatto — Yea
Fong — Yea
Hueso — Yea
Allen — Yea
Huffman — Yea
Ma — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Carter — Yea
Cedillo — Yea
Davis — Yea
Skinner — Yea
Swanson — Yea
Yamada — Yea
Garrick — Nay
Gordon — Yea
Campos — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Chesbro — Yea
Huber — Nay
Fletcher — Nay
Beall — Yea
Cook — Nay
Dickinson — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Olsen — Nay
Smyth — Nay
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Halderman — Nay
Jeffries — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Donnelly — Nay
Miller — Nay
Morrell — Nay
Pan — Not Voting
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Knight — Nay
Mansoor — Nay
Perea — Nay
Solorio — Yea
Wagner — Nay
Williams — Yea
Conway — Nay
Eng — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB341 Chesbro By Padilla

Passed 23 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 211204
Democratic 2000
Republican 0100
Total 231304
% of votes cast 58%33%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Blakeslee — Yea
Hancock — Yea
Lieu — Yea
Liu — Yea
Steinberg — Yea
Wright — Yea
Negrete McLeod — Yea
Rubio — Yea
Wyland — Nay
Runner — Nay
Evans — Yea
De León — Not Voting
Harman — Nay
Huff — Nay
Cannella — Not Voting
Leno — Yea
Alquist — Yea
Corbett — Yea
Dutton — Nay
Price — Yea
Simitian — Not Voting
Vargas — Yea
Walters — Nay
Anderson — Nay
Hernandez — Yea
Kehoe — Yea
Pavley — Yea
Wolk — Yea
Emmerson — Nay
Correa — Not Voting
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Runner — Nay
Alquist — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Kehoe — Yea
Lieu — Yea
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Lieu — Yea
Price — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

AB 341 CHESBRO Assembly Third Reading

Passed 48 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 472604
Democratic 1000
Republican 0200
Total 482804
% of votes cast 60%35%0%5%
How each member voted (80)
Member Party Vote
Yamada — Yea
Butler — Yea
Eng — Yea
Campos — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Fong — Yea
Gordon — Yea
Allen — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Lara — Yea
Cedillo — Yea
Mendoza — Yea
Bonilla — Yea
Atkins — Yea
Monning — Yea
Beall — Yea
Chesbro — Yea
Solorio — Yea
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Nay
Gorell — Not Voting
Hagman — Nay
Halderman — Nay
Conway — Nay
Harkey — Nay
Huber — Not Voting
Jeffries — Nay
Donnelly — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Pan — Not Voting
Perea — Nay
Silva — Nay
Smyth — Nay
Torres — Not Voting
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Ma — Yea
Mansoor — Nay
Olsen — Nay
Skinner — Yea
Valadao — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Gatto — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Davis — Yea
Donnelly — Nay
Nielsen — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Hill — Yea
Lara — Yea
Norby — Nay
Solorio — Yea
Wagner — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 341 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. The department is required to file an annual progress report with the Legislature by March 1 that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunction with the annual progress report, if the combined report is submitted by January 1, 2014. The bill would repeal the report requirement on January 1, 2017. (2) 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 and 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. (3) 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 a business, defined to include a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bill would also require a commercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste 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 solid waste 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 costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste 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 and would authorize the department to review a jurisdiction's compliance pursuant to a specified procedure. (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 341?
AB 341 is sponsored by Blumenfield, Chesbro, Padilla, and Williams.
What is the current status of AB 341?
This bill has been enacted into law. Introduced February 10, 2011. Enacted.
Where can I track AB 341?
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