BILL NUMBER: AB 274	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 12, 2009

   An act to add Section 43501.2 to the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 274, as introduced, Portantino. Solid waste: landfills: closure
plans.
   (1) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
requires the owner or operator of a solid waste landfill, among other
things, to prepare an initial estimate of closure and postclosure
maintenance costs and to submit to the regional water board, the
local law enforcement agency, and the board, a plan for the closure
of the solid waste landfill and a plan for the postclosure
maintenance of the solid waste landfill. A violation of these
provisions is a misdemeanor.
   This bill would prohibit the owner or operator of a closed solid
waste landfill that is subject to a closure or a postclosure
maintenance plan from selling or offering for sale any portion of a
closed waste management unit unless the intended purchaser provides
evidence, to the satisfaction of the board, of his or her ability to
meet the financial assurance requirements of the act. By creating a
new crime, the bill would impose a state-mandated local program.
   (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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 43501.2 is added to the Public Resources Code,
to read:
   43501.2.  The owner or operator of a closed solid waste landfill
that is subject to a closure or a postclosure maintenance plan may
not sell or offer for sale any portion of a closed waste management
unit unless the intended purchaser provides evidence, to the
satisfaction of the board, of his or her ability to meet the
financial assurance requirements of Article 4 of Chapter 2
(commencing with Section 43600) of Part 4 of this division.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.