ENSTU 300: Critical thinking and communication in Environmental studies

Landfills and Methane Emissions Policies

Carissa Denehy, Environmental Studies Program, California State University Monterey Bay

GrowNYC

Policy Context
Few existing U.S. state or federal policies specifically address landfill methane emissions.
Methane is currently responsible for approximately 20% of global warming and has 25x the
radiation trapping effect as carbon dioxide (California Methane Research Program).
Furthermore, unlike other well-known Greenhouse Gas (GHG) emission sources such as
agricultural by-products and energy production systems, organic waste is perceived as
innocuous and non-dangerous by the general public. After all, it's just old food; what could it
hurt except the wallet? These behaviors lead to wasteful consumption and improper disposal
methods at all food production and use levels. The continued dismissal of the dangerous effects
of wild methane emissions leaking from landfill sources will prove detrimental to reaching
GHG reduction goals, and global temperatures will continue to rise. With the rise of
temperatures, regions are more prone to rising fire risks, extreme weather events, and sea-level
rise to name a few. All examples negatively impact the economy and human health and are
significant events to encourage implementing policies like CA S.B. 1383 and S.B. 32.
Policy 1: California Senate Bill 1383 of 2016
Its full title is "Short-lived climate pollutants: methane emissions: dairy and livestock: organic
waste: landfills." and was introduced in February of 2016 and was passed into law later that
same year by Governor Jerry Brown (S.B. 1383, 2016). It is a relatively recent piece of legislation
that explicitly addresses landfill methane emissions by requiring proper disposal of organic
materials that assist in redirecting waste away from landfills by 75% by 2025 (California, S.
(n.d.) In addition to organic waste redirection, C.A. is required to rescue/recover at least 20% of
surplus food by 2025. Both requirements, and their variety of solutions implemented to achieve
those goals, will reduce excess levels of methane present in the atmosphere.

As recently seen in Monterey County in January of 2022, the implementation of this bill
requires all businesses and homes to place compostable and organic items such as food waste
and yard trimmings inside their green waste bins to be collected (free of charge) every week. In
an effort to reach all citizens, regardless of socioeconomic status, the county will also provide
free green collection bins to households without one and countertop collection pails.

As organic waste is collected, there are several methods required for landfills to process that
material. The first stage involves processing facilities outfitted with the technology to capture
and convert biogasses created by the organic decomposition into a natural gas that can be sold
as a renewable energy source. This energy conversion of landfill biogases will reduce wild GHG
emissions and boost legislative efforts to displace finite energy sources such as coal, oil, or gas.
If those facilities are not available, the bill requires counties to work with their jurisdictions for
the necessary organic waste recycling facilities. The remaining decomposed organic material
can then be made into compost or mulch available for resale to the general public and
agriculture uses.
If CA S.B. 1383 is considered successful by its reevaluation in 2025, it could become a model
bill that influences federal legislation for similar laws to be implemented nationwide.

Policy 2: The Bill Emerson Food Donation Act of 1996

Previously known as the Model Good Samaritan Food Donation Act, this act was designed to
encourage food donation by minimizing donor liability for non-profit organizations and
individuals (H.R.2428). It provides federal protection from civil and criminal liability from
donating food or grocery items for both the donor and the non-profit that distributed the food.
It was intended to make food donation more accessible and safer with fewer legal
repercussions.

There are a few exceptions, of course. Donors such as individuals, grocers, restaurants, schools,
farmers, and even caterers and food trucks that donate must do so in good faith with
apparently wholesome food that meets all quality and labeling standards imposed by Federal,
State, and local laws and regulations. However, this law also protects those that donate food
NOT meeting those standards, as long as they inform the non-profit organization of that
information. It is then the responsibility of the non-profit to either accept and cull the
donations according to regulations (if needed) or decline the donation. In other words, food
that is not profitable/saleable because of cosmetic issues, age, freshness, grade, size, surplus, or
other conditions can be donated under the Bill Emerson Food Donation Act. The meal-kit
company, Misfits Markets, includes such products in their kits as a public campaign to reduce
food waste caused by sellers' and consumers' aesthetic choices.

Nevertheless, this law has its limits and exceptions. It does not protect individuals donating
food directly to another individual; it must go through a non-profit organization that
ultimately distributes the food. For a donation to be protected under this law, it must be
donated free of charge; the recipients cannot be required to provide anything of value in
exchange for receiving the donation. This law also does not override state or local laws and
regulations; creating a federal standard was intended to protect donors located in states that
provide less liability protection than this act. Essentially, a state can provide more protection
than this federal law but cannot provide less protection. (FAQ Bill Emerson Good Samaritan
Food Donation Act. (n.d.) Furthermore, it does not apply to donators or non-profit
organizations whose actions caused injury or death resulting from gross negligence or
intentional and voluntary misconduct and deliberate omission of information. (H.R.2428)

Policy 3: SB-32 California Global Warming Solutions Act of 2016: emissions limit
Governor Brown signed Senate bill 32 in 2006 as a follow-up to Assembly bill 32–The California
Global Warming Solutions Act of 2006, signed by Governor Schwartzenegger, which required
California to reduce its GHG emissions to 1990 levels by 2030. AB 32 was achieved on July 11,
2018 (Hamblin, A, 2018). The recent Sb 32, effected in 2017, requires that California reach a
reduction of 40% below the 1990 GHG levels by 2030. This law is unique because it outlines
how California should achieve those targets. Instead, it is tasked to the California Air
Resources Board (CARB) to develop emission reduction plans, monitor and regulate sources of
emissions, and adopt rules and regulations. These plans and regulations are open public
process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas
emissions reductions (S.B. 32, 2016). A unique aspect of this bill is the emphasis on considering
and protecting California's disadvantaged communities. Historically those communities are
affected first and most frequently by climate change impacts (Islam, N. S., 2017). They are at
higher risk for extreme weather events, such as drought, heat, and flooding, all at higher
frequencies (Islam, N. S., 2017).
 Works Cited

California Methane Research Program. (n.d.). Retrieved April 15, 2022, from
https://ww2.arb.ca.gov/our-work/programs/methane-research

California, S. (n.d.). California's short-lived climate pollutant reduction strategy. Retrieved

April 9, 2022, from https://calrecycle.ca.gov/organics/slcp/

Frequently Asked Questions about the Bill Emerson Good Samaritan Food Donation Act. (n.d.).
Retrieved April 9, 2022, from https://www.usda.gov/sites/default/files/documents/usda-
good-samaritan-faqs.pdf

Hamblin, A. (2018, July 13). California already reached its 2020 goal for cutting emissions. now
what? Retrieved April 10, 2022, from
https://www.sandiegouniontribune.com/opinion/the-conversation/sd-california-
greenhouse-gas-emissions-2020-20180712-htmlstory.html

H.R.2428 - 104th Congress (1995-1996): To encourage the donation of ... (n.d.). Retrieved April 0,
2022, from https://www.congress.gov/bill/104th-congress/house-bill/2428

Islam, N. S., & Winkel, J. (2017, October). Climate change and social inequality. Retrieved April
13, 2022, from https://www.un.org/esa/desa/papers/2017/wp152_2017.pdf?
source=post_page---------------------------

SB-32 California Global Warming Solutions Act of 2006: Emissions limit. (n.d.). Retrieved April
13, 2022, from https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?
bill_id=201520160SB32

SB-1383 Short-lived climate pollutants: Methane emissions: Dairy and livestock: Organic
waste: Landfills. (n.d.). Retrieved April 2, 2022, from
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1383