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AB 341 would require businesses to recycle

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UPDATE (10-06-2011):  Governor Brown signs AB 341.

UPDATE: Recycling industry efforts help preserve rights of businesses and recyclers.

 

Introduced on February 10, 2011, AB 341 would make some notable changes to California law.  Currently, businesses are not directly subject to the requirements of the Integrated Waste Management Act of 1989 (AB 939, Sher) to divert waste from landfills. AB 341 would change that by, among other things, requiring businesses to recycle.

 

After input from the recycling industry, amendments were made to AB 341 that expressly preserve the existing right of a business to sell or donate its recyclable materials.

 

 

 

More specifically, the bill now provides, among other things, the following:

42649.2.

(a) On and after July 1, 2012, a business that
generates more than four cubic yards of commercial solid waste
per week or is a multifamily residential dwelling of five units or
more shall arrange for recycling services, consistent with state or
local laws or requirements, including a local ordinance or
agreement, applicable to the collection, handling, or recycling of
solid waste, to the extent that these services are offered and
reasonably available from a local service provider.

(b) A commercial waste generator shall take at least one of the
following actions:

(1) Source separate recyclable materials from solid waste and
subscribe to a basic level of recycling service that includes
collection, self-hauling,
or other arrangements for the pickup of
the recyclable materials.

(2) Subscribe to a recycling service that may include mixed
waste processing that yields diversion results comparable to source
separation.

42649.5.

(a) This chapter does not limit the authority of a local
agency to adopt, implement, or enforce a local commercial solid
waste recycling requirement that is more stringent or comprehensive
than the requirements of this section or limit the authority of a
local agency in a county with a population of less than 200,000 to
require commercial solid waste recycling.

(b) This chapter does not modify, limit, or abrogate in any manner
any of the following
:

(1) A franchise granted or extended by a city, county, or other
local government agency.

(2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, or other local
government agency.

(3) The existing right of a business to sell or donate its
recyclable materials. 

 

Please note the following support and opposition to the bill:

SUPPORT: (as of 9/6/11)

Californians Against Waste (source)
California League of Conservation Voters
California Refuse Recycling Council
Center for Biological Diversity
City and County of San Francisco
City of San Jose
City of Oakland
Commercial Recycling and Waste Diversion
Environment California
Marin Resource Recovery
Marin Sanitary Service
Natural Resources Defense Council
Planning and Conservation League
Republic Services, Inc.
Sierra Club California
Varner Bros., Inc.

OPPOSITION: (as of 8/30/11)

Orange County Board of Supervisors

 

The full bill, analysis, history, etc. can be found at:

http://leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_341&sess=1112&house=B&author=chesbro