BILL NUMBER: AB 1473 CHAPTERED
BILL TEXT
CHAPTER 547
FILED WITH SECRETARY OF STATE OCTOBER 12, 2007
APPROVED BY GOVERNOR OCTOBER 12, 2007
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE SEPTEMBER 6, 2007
AMENDED IN SENATE SEPTEMBER 4, 2007
AMENDED IN SENATE AUGUST 20, 2007
AMENDED IN SENATE JULY 18, 2007
AMENDED IN SENATE JULY 2, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
INTRODUCED BY Assembly Member Feuer
FEBRUARY 23, 2007
An act to add and repeal Section 44002.1 of the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1473, Feuer. Solid waste facility: temporary permits.
(1) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
prohibits a person from operating a solid waste facility without a
solid waste facilities permit if that facility is required to have a
permit pursuant to the act. The enforcement agency is required to
immediately issue a cease and desist order ordering a solid waste
facility that is operating without a permit to immediately cease
operations and to direct the owner or operator of the facility to
obtain a permit.
This bill would require the board to adopt emergency regulations
to authorize an enforcement agency, upon the board's concurrence, to
issue a temporary solid waste facilities permit to a person operating
a solid waste transfer or processing station or a composting
facility, which, as of January 1, 2008, is required under the act to
have a solid waste facilities permit but for which a permit has not
been obtained. The bill would require the regulations to direct any
person desiring to obtain a temporary solid waste facilities permit
to submit an application to the enforcement agency no later than 60
days from the effective date of the regulations; to obtain a
permanent solid waste facilities permit from the enforcement agency
having jurisdiction, or cease activities for which a permit is
required, as specified; a facility covered under a temporary solid
waste facilities permit to have been in operation on or before
January 1, 2007; and that the owner or operator of a covered facility
agree to inspections, at least monthly by the enforcement agency.
The bill would require a local enforcement agency to diligently
notify the operators of all facilities within its jurisdiction of the
availability of temporary solid waste facilities permits, thereby
imposing a state-mandated local program by imposing new duties upon
local enforcement agencies. The bill would also require the board to
expeditiously review and act on a proposed temporary solid waste
facilities permit.
The bill would require the board to adopt the regulations as
emergency regulations and would require the Office of Administrative
Law to consider the regulations as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. The board would be required to file the regulations with the
Office of Administrative Law at the earliest feasible date or on
March 1, 2008, whichever date is earlier. The bill would provide that
the regulations would remain in effect until July 1, 2010, and on
that date would become inoperative.
The bill would provide that its provisions would become
inoperative on July 1, 2010, and, as of January 1, 2011, would be
repealed.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44002.1 is added to the Public Resources Code,
to read:
44002.1. (a) The Legislature finds and declares all of the
following:
(1) New trends in solid waste handling and collection practices,
such as single-stream collection of recyclable materials, coupled
with the regulations adopted by the board that govern solid waste
transfer or processing stations and composting facilities, have
resulted in the failure of a substantial number of persons carrying
out previously unregulated recycling, solid waste handling, and
composting activities, to comply with existing law.
(2) As cities and counties undertake greater efforts to increase
the diversion of solid waste from landfills, the board anticipates
that many new transfer and processing stations and composting
facilities will commence operation in California within the next two
to five years.
(3) To address these trends, it is necessary to provide a
temporary permitting scheme to enable the operators of existing solid
waste facilities to obtain temporary permits more quickly than is
possible under existing law, in order to protect the public health
and safety and the environment.
(b) The board shall adopt emergency regulations pursuant to
subdivision (d) to authorize an enforcement agency, upon the board's
concurrence, to issue a temporary solid waste facilities permit to a
person operating a solid waste transfer or processing station or a
composting facility, that, as of January 1, 2008, is required under
this division and the regulations adopted by the board pursuant to
this division to obtain a solid waste facilities permit, but for
which a permit has not been obtained. The regulations adopted by the
board shall include all of the following requirements:
(1) That a person desiring to obtain a temporary solid waste
facilities permit submit a complete and correct application for the
permit to the enforcement agency having jurisdiction no later than 60
days from the effective date of the regulations.
(2) That the date by which a holder of a temporary solid waste
facilities permit shall obtain a permanent solid waste facilities
permit from the enforcement agency having jurisdiction, or cease the
activities for which a solid waste facilities permit is required, be
on or before June 30, 2010.
(3) That a facility covered under a temporary solid waste
facilities permit have been in operation on or before January 1,
2007.
(4) That the owner or operator of a facility covered under a
temporary solid waste facilities permit agree to allow the facility
to be inspected, at least monthly, by the enforcement agency.
(c) (1) An enforcement agency shall diligently notify the
operators of all facilities within its jurisdiction of the
availability of temporary solid waste facilities permits under the
regulations adopted pursuant to this section.
(2) The board shall expeditiously review and act on a proposed
temporary solid waste facilities permit submitted to it by an
enforcement agency. Upon the request of an enforcement agency, the
board shall provide assistance to the enforcement agency to
expeditiously process applications for temporary solid waste
facilities permits.
(d) The regulations adopted by the board pursuant to this section
shall be adopted as emergency regulations and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. The board shall file the emergency regulations with the
Office of Administrative Law at the earliest feasible date or March
1, 2008, whichever date is earlier. Notwithstanding subdivision (e)
of Section 11346.1 of the Government Code, any emergency regulations
adopted by the board pursuant to this section shall remain in effect
until July 1, 2010, and on that date shall become inoperative.
(e) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute that
is enacted before January 1, 2010, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.