BILL NUMBER: AB 479 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 24, 2009
An act to amend Sections 41780 and 48000 of, and to add
Sections 41780.01, 42649, and 48001.5 to, the Public Resources Code,
relating An act to amend Sections 41730,
41731, 47134, 41735, 41736, 41800, 44004, and 50001 of, and to add
Sections 40004, 41734.5, 41780.01, and 42649 to, the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 479, as amended, Chesbro. Solid waste: diversion.
(1) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
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.
Existing law requires the board to review, at least once every 2
years, a jurisdiction's source reduction and recycling element and
household hazardous waste element. The board is required to issue an
order of compliance if the board finds that a jurisdiction has failed
to implement its source reduction and recycling element or its
household hazardous waste element, pursuant to a specified procedure.
If, after issuing an order of compliance, the board finds the city,
county, or regional agency has failed to make a good faith effort to
implement those elements, the board is authorized to impose
administrative civil penalties upon the city, county, or regional
agency.
This bill would require a city or county to divert 60%
the board, on January 1, 2020, and annually
thereafter, to ensure that 75% of all solid waste
through generated is source reduction,
recycling, and composting activities on and after January 1, 2015,
thereby imposing a state-mandated local program by imposing new
duties on local agencies regarding solid waste management. The bill
would also require the board to establish policies, programs, and
incentives to ensure diversion of solid waste in accordance with a
specified schedule reduced, recycled and composted
.
(2) 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 the owner or operator of a business that
contracts for solid waste services and generates more than 4 cubic
yards of total solid waste and recyclable materials per week to
arrange for recycling service, consistent with state and
local laws and requirements, to the extent that these services are
offered and reasonably available from a local service provider. The
bill would require specified local agencies, by January 1, 2011, to
adopt commercial recycling ordinances that include certain minimum
requirements take specified action by January 1, 2011
.
The bill would impose a state-mandated local program by imposing
new duties upon local agencies with regard to the adoption of
commercial recycling ordinances.
(3) The act requires an operator of a solid waste disposal
facility to pay a quarterly fee of up to $1.40 per ton based on the
amount of all solid waste disposed of at each disposal site and
requires the State Board of Equalization to collect the fees and
deposit the fees in the Integrated Waste Management Account in the
Integrated Waste Management Fund in the State Treasury. The act
requires the board to use the moneys in the account, upon
appropriation by the Legislature, for specified purposes.
This bill would, on and after January 1, 2010, establish the
amount of the fee in an amount of $3.90 per ton and would require
$2.50 of that fee after that date to be available for expenditure by
the board, upon appropriation by the Legislature, for apportionment
to jurisdictions, as specified.
(3) Existing law prohibits an operator of a solid waste facility
from making a significant change in the design or operation of the
solid waste facility that is not authorized by the existing permit
unless the change is approved by the enforcement agency. Existing law
requires the enforcement agency, within 60 days of receipt of an
application for a revised permit, to inform the operator of its
determination.
This bill would require the enforcement agency to inform the
operator that it is requiring the revision of the solid waste
facility permit to allow the change if the enforcement agency
determines that the proposed change meets specified requirements. By
imposing new duties upon a local enforcement agency with regard to an
application for a revised permit, the bill would impose a
state-mandated local program.
(4) 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 board to review an amendment to a
nondisposal facility element. Existing law 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 board or comment and review by a local task force.
(4)
(5) 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. (a) The Legislature finds and declares both of the
following:
(1) Since the enactment of the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), local governments and private
industries have worked jointly to create an extensive material
collection and recycling infrastructure and have implemented
effective programs to achieve a statewide diversion rate above 50
percent.
(2) Although the state now leads the nation in solid waste
reduction and recycling, the state continues to dispose of more than
40 million tons of solid waste each year, which is more than the
national average on a per capita basis. Additional efforts must be
undertaken to divert more solid waste from disposal in order to
conserve scarce natural resources.
(b) The Legislature further finds and declares all of the
following:
(1) Approximately 64 percent of the state's solid waste disposal
is from commercial sources, including commercial, industrial,
construction, and demolition activities. In addition, 8 percent of
the state's solid waste disposal is from multifamily residential
housing that is often collected along with the commercial waste
stream.
(2) The state's local governments have made significant progress
in reducing the amount of solid waste disposal from single-family
residential sources that make up 28 percent of the state's disposal,
but have faced more challenges in reducing disposal from the
commercial and multifamily sources.
(3) The disposal of commercial solid wastes harms natural
resources, negatively impacts the state's environment, prevents
materials from circulating in the state economy to produce jobs and
new products, and contributes to global warming.
(4) The state has long been a national and international leader in
environmental stewardship efforts and mandating the diversion of
solid waste away from disposal. Bold environmental leadership and a
new approach are needed to divert commercial solid waste away from
disposal.
(5) By exercising a leadership role, the state will lead the
business community toward a future in which the environment and the
economy both grow stronger together by recycling materials, which
creates new jobs, instead of burying resources, which exit the
economy forever.
(6) By requiring commercial recycling, the state will help
businesses reduce costly disposal fees and reclaim valuable
resources.
(7) Solid waste diversion and disposal reduction requires the
availability of adequate solid waste processing and composting
capacity.
(8) The existing network of public and private solid waste
processing and composting facilities provides a net environmental
benefit to the communities served, and represents a valuable asset
and resource of this state, one that must be sustained and expanded
to provide the additional solid waste processing capacity that will
be required to achieve the additional solid waste diversion mandates
expressed in Section 41780 of the Public Resources Code as amended by
this act.
(9) It is the intent of the Legislature to encourage the
development of the additional solid waste processing and composting
capacity that is needed to meet state objectives for decreasing solid
waste disposal by identifying incentives for local governments to
locate and approve new or expanded facilities that meet and exceed
their capacity needs, and to recognize local agencies that make
significant contributions to the state's overall solid waste
reduction and recycling objectives through the siting of facilities
for the processing and composting of materials diverted from the
solid waste stream.
(10) The provisions in existing law that confer broad discretion
on local agencies to determine aspects of solid waste handling that
are of local concern have significantly contributed to the statewide
diversion rate exceeding 50 percent, and further progress toward
decreasing solid waste disposal requires that this essential element
of local control be preserved.
(11) Accordingly, by setting in this act new statewide solid waste
diversion requirements in Section 41780 of the Public Resources
Code, new solid waste diversion targets in Section 41780.01 of the
Public Resources Code, and new commercial waste recycling
requirements in Section 42649 of the Public Resources Code, the
Legislature does not intend to limit a right afforded to local
governments pursuant to Section 40059 of the Public Resources Code,
or to modify or abrogate in any manner the rights of a local
government or solid waste enterprise with regard to a solid waste
handling franchise or contract granted on or before January 1, 2010.
SEC. 2. Section 41780 of the Public Resources
Code is amended to read:
41780. (a) Each jurisdiction's source reduction and recycling
element shall include an implementation schedule that shows both of
the following:
(1) For the initial element, the jurisdiction shall divert 25
percent of all solid waste by January 1, 1995, through source
reduction, recycling, and composting activities.
(2) Except as provided in Sections 41783 and 41784, for the first
and each subsequent revision of the element, the jurisdiction shall
divert 50 percent of all solid waste on and after January 1, 2000,
through source reduction, recycling, and composting activities.
(3) Except as provided in Sections 41783 and 41784, for each
subsequent revision of the element, the jurisdiction shall divert 60
percent of all solid waste on or after January 1, 2015, through
source reduction, recycling, and composting activities.
(b) This part does not prohibit a jurisdiction from implementing
source reduction, recycling, and composting activities designed to
exceed these requirements.
SEC. 3. Section 41780.01 is added to the Public
Resources Code, to read:
41780.01. The board shall adopt policies, programs, and
incentives to ensure that solid waste generated in this state is
source reduced, recycled, or composted in accordance with the
following schedule:
(a) On and before January 1, 2015, ensure that 60 percent of all
solid waste generated is source reduced, recycled, or composted.
(b) On or before January 1, 2020, and annually thereafter, ensure
that 75 percent of solid waste generated is source reduced, recycled,
and composted.
SEC. 2. Section 40004 is added to the
Public Resources Code , to read:
40004. (a) The Legislature finds and declares all of the
following:
(1) Solid waste diversion and disposal reduction require the
availability of adequate solid waste processing and composting
capacity.
(2) The existing network of public and private solid waste
processing and composting facilities provides a net environmental
benefit to the communities served, and represents a valuable asset
and resource of this state, one that must be sustained and expanded
to provide the additional solid waste processing capacity that will
be required to achieve the additional solid waste diversion targets
expressed in Section 41780.01 and the commercial recycling
requirement expressed in Section 42649.
(3) The provisions in existing law that confer broad discretion on
local agencies to determine aspects of solid waste handling that are
of local concern have significantly contributed to the statewide
diversion rate exceeding 50 percent, and further progress toward
decreasing solid waste disposal requires that this essential element
of local control be preserved.
(b) It is the intent of the Legislature to encourage the
development of the additional solid waste processing and composting
capacity that is needed to meet state objectives for decreasing solid
waste disposal by identifying incentives for local governments to
locate and approve new or expanded facilities that meet and exceed
their capacity needs, and to recognize local agencies that make
significant contributions to the state's overall solid waste
reduction and recycling objectives through the siting of facilities
for the processing and composting of materials diverted from the
solid waste stream.
(c) By setting a new solid waste diversion target in Section
41780.01 and new commercial waste recycling requirements in Section
42649, the Legislature does not intend to limit a right afforded to
local governments pursuant to Section 40059, or to modify or abrogate
in any manner the rights of a local government or solid waste
enterprise with regard to a solid waste handling franchise or
contract.
SEC. 3. Section 41730 of the Public
Resources Code is amended to read:
41730. Except as provided in Section 41750.1, each city shall
prepare, adopt, and, except for a city and county, transmit to the
county in which the city is located a nondisposal facility element
that includes all of the information required by this chapter and
that is consistent with the implementation of a city source reduction
and recycling element adopted pursuant to this part. The
nondisposal facility element and any amendments to the element may be
appended to the city's source reduction and recycling element when
that element is included in the countywide integrated waste
management plan, prepared pursuant to Section 41750. The
nondisposal facility element and any amendments
updates to the element shall not be subject to the
approval of the county and the majority of cities with the majority
of the population in the incorporated area.
SEC. 4. Section 41731 of the Public
Resources Code is amended to read:
41731. Except as provided in Section 41750.1, each county shall
prepare, adopt, and, except for a city and county, transmit to the
cities located in the county a nondisposal facility element that
includes all of the information required by this chapter and that is
consistent with the implementation of a county source reduction and
recycling element adopted pursuant to this part. The
nondisposal facility element and any amendments to the element may be
appended to the county's source reduction and recycling element when
that element is included in the countywide integrated waste
management plan prepared pursuant to Section 41750. The
nondisposal facility element and any amendments
updates to the element shall not be subject to the
approval of the majority of cities with the majority of the
population in the incorporated area.
SEC. 5. Section 41734 of the Public
Resources Code is amended to read:
41734. (a) (1) Prior to adopting or amending a
nondisposal facility element, the city, county, or regional agency
shall submit the element or amendment to the task
force created pursuant to Section 40950 for review and comment.
(2) Prior to adopting or amending a regional
agency nondisposal facility element, if the jurisdiction of the
regional agency extends beyond the boundaries of a single county, the
regional agency shall submit the element or amendment
for review and comment to each task force created pursuant
to Section 40950 of each county within the jurisdiction of the
regional agency.
(b) Comments by the task force shall include an assessment of the
regional impacts of potential diversion facilities and shall be
submitted to the city , city, county,
or regional agency and to the board within 90 days of the date of
receipt of the nondisposal facility element for review and comment.
SEC. 6. Section 41734.5 is added to the
Public Resources Code , to read:
41734.5. (a) Once a nondisposal facility element has been
adopted, the city, county, or regional agency shall update all
information required to be included in the nondisposal facility
element, including, but not limited to, new information regarding
existing and new, or proposed nondisposal facilities.
(b) Updates shall be provided to the board within 30 days of any
change in information.
(c) Copies of the updated information shall also be provided to
the local task force and shall be appended or otherwise added to the
nondisposal facility element.
(d) The local task force shall not be required to review and
comment on the updates to the nondisposal facility elements.
(e) Updates to the nondisposal facility elements are not subject
to approval by the board.
SEC. 7. Section 41735 of the Public
Resources Code is amended to read:
41735. (a) Notwithstanding Division 13 (commencing with Section
21000), the adoption or amendment update
of a nondisposal facility element shall not be subject to
environmental review.
(b) Local agencies may impose a fee on project proponents to fund
their necessary and actual costs of preparing and approving
amendments updates to nondisposal facility
elements.
SEC. 8. Section 41736 of the Public
Resources Code is amended to read:
41736. It is not the intent of the Legislature to require cities
and counties to revise their source reduction and recycling elements
to comply with the requirements of this chapter. At the time
of the five-year revision of the source reduction and recycling
element, each city, county, and city and county shall incorporate the
nondisposal facility element and any amendments thereto into the
revised source reduction and recycling element.
SEC. 9. Section 41780.01 is added to the
Public Resources Code , to read:
41780.01. On or before January 1, 2020, and annually thereafter,
the board shall ensure that 75 percent of solid waste generated is
source reduced, recycled, or composted.
SEC. 10. Section 41800 of the Public
Resources Code is amended to read:
41800. (a) Except as provided in subdivision (b), within 120 days
from the date of receipt of a countywide or regional integrated
waste management plan which that the
board has determined to be complete, or any element of the plan
which that the board has determined to
be complete, the board shall determine whether the plan or element is
in compliance with Article 2 (commencing with Section 40050) of
Chapter 1 of Part 1, Chapter 2 (commencing with Section 41000), and
Chapter 5 (commencing with Section 41750), and, based upon that
determination, the board shall approve, conditionally approve, or
disapprove the plan or element.
(b) (1) Within 120 days from the date of receipt of a city,
county, or regional agency nondisposal facility element ,
which that the board has determined to be
complete, and within 60 days from the date of receipt of an
amendment to a city, county, or regional agency nondisposal facility
element, the board shall determine whether the element
, which that the board has determined
to be complete , or amendment is in compliance
with Chapter 4.5 (commencing with Section 41730) and Article 1
(commencing with Section 41780) of Chapter 6, and, based upon that
determination, the board shall approve, conditionally approve, or
disapprove the element or amendment within that
time period.
(2) In reviewing the element or amendment , the
board shall:
(A) Not consider the estimated capacity of the facility or
facilities in the element or amendment unless the
board determines that this information is needed to determine whether
the element or amendment meets the requirements
of Article 1 (commencing with Section 41780) of Chapter 6.
(B) Recognize that individual facilities represent portions of
local plans or programs that are designed to achieve the diversion
requirements of Section 41780 and therefore may not arbitrarily
require new or expanded diversion at proposed facilities.
(C) Not disapprove an element or amendment that
includes a transfer station or other facility solely because the
facility does not contribute towards the jurisdiction's efforts to
comply with Section 41780.
(c) If the board does not act to approve, conditionally approve,
or disapprove an element which that the
board has determined to be complete within 120 days, or an
amendment which the board has determined to be complete within 60
days, the board shall be deemed to have approved the
element or amendment .
SEC. 4. SEC. 11. Section 42649 is
added to the Public Resources Code, to read:
42649. (a) The On or before January 1,
2011, the owner or operator of a business that contracts for
solid waste services and generates more than four cubic yards of
total solid waste and recyclable materials that are not solid waste
per week 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) On or before January 1, 2011, each city, county, solid waste
authority, or other joint powers authority located within a county
with a population of 200,000 or more shall adopt a commercial
recycling ordinance that is consistent with this section.
(c) A commercial recycling ordinance adopted pursuant to this
section shall include, at a minimum, both of the following:
(1) An enforceable requirement that a commercial waste generator
take one of the following actions:
(A) Source separate specified recyclable materials from solid
waste and subscribe to a basic level of recycling service that
includes the collection of those recyclable materials or specific
provisions for authorized self-hauling.
(B) Subscribe to an alternative type of recycling service, which
may include mixed waste processing, that yields diversion results
comparable to source separation.
(2) Educational, implementation, and enforcement provisions.
(b) A commercial waste generator shall take either of the
following actions:
(1) Source separate specified recyclable materials from solid
waste and subscribe to a basic level of recycling service that
includes the collection of those recyclable materials or specific
provisions for authorized self-hauling.
(2) Subscribe to an alternative type of recycling service that may
include mixed waste processing that yields diversion results
comparable to source separation.
(d)
(c) For the purposes of this section, "business" means
a commercial entity operated by a firm, partnership, proprietorship,
joint stock company, corporation, or association that is organized as
a for-profit or nonprofit entity.
(e)
(d) This section does not limit the authority of a
local agency to adopt, implement, or enforce a local commercial
recycling ordinance 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 recycling.
(f)
(e) This section does not modify or abrogate in any
manner either of the following:
(1) A franchise granted or extended by a city, county, or other
local government agency on or before January 1, 2010
.
(2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, or other local
government agency on or before January 1, 2010.
(3) The existing right of a business to sell or donate their
recyclable materials.
(g)
(f) (1) When adopting an ordinance pursuant to this
section, a local agency may consider the adequacy of areas for
collecting and loading recyclable materials.
(2) Notwithstanding paragraph (1), a local agency shall not
consider the adequacy of areas for collecting and loading recyclable
materials for purposes of determining noncompliance with this section
at a development project, as defined pursuant to Section 42905, if
the development project was approved by the local agency on or after
September 1, 1994.
(g) Subdivision (a) shall be enforced pursuant to Section 40059.
SEC. 5. Section 48000 of the Public Resources
Code is amended to read:
48000. (a) An operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization that is based on the
amount, by weight or volumetric equivalent, as determined by the
board, of all solid waste disposed of at each disposal site.
(b) On and after January 1, 2010, the amount of the fee shall
equal three dollars and ninety cents ($3.90) per ton.
(c) The board and the State Board of Equalization shall ensure
that all the fees for solid waste imposed pursuant to this section
that are collected at a transfer station are paid to the State Board
of Equalization in accordance with this article.
(d) Notwithstanding Section 48001, on and after January 1, 2010,
an amount of two dollars and fifty cents ($2.50) of the fee imposed
for each ton of solid waste disposed of at each disposal site shall
be available to the board for expenditure pursuant to Section
48001.5.
SEC. 6. Section 48001.5 is added to the Public
Resources Code, to read:
48001.5. The fee amount of two dollars and fifty cents ($2.50)
per ton of solid waste described in subdivision (d) of Section 48000
that is collected by the board shall be available to the board, upon
appropriation by the Legislature, for expenditure by the board
according to the following:
(a) Between January 1, 2010, and January 1, 2015, the fee revenue
shall be apportioned on a per capita basis to jurisdictions for the
expansion of source reduction, recycling, and composting programs,
including residential recycling programs and commercial recycling
programs, as well as the development of new and expanded recycling
and composting infrastructure.
(b) On and after January 1, 2015, the fee revenues shall be
apportioned on a per capita basis to jurisdictions that have achieved
the diversion rate specified in paragraph (3) of subdivision (a) of
Section 41780 for use pursuant to subdivision (a) of this section.
For jurisdictions that have not reach the diversion rate required in
paragraph (3) of subdivision (a) of Section 41780, the board shall
expend the fee revenues to establish local programs to help the
jurisdictions achieve the diversion rate required by paragraph (3) of
subdivision (a) of Section 41780.
SEC. 12. Section 44004 of the Public
Resources Code is amended to read:
44004. (a) An operator of a solid waste facility may not make a
significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit, unless the
change is approved by the enforcement agency, the change conforms
with this division and all regulations adopted pursuant to this
division, and the terms and conditions of the solid waste facilities
permit are revised to reflect the change.
(b) If the operator wishes to change the design or operation of
the solid waste facility in a manner that is not authorized by the
existing permit, the operator shall file an application for revision
of the existing solid waste facilities permit with the enforcement
agency. The application shall be filed at least 180 days in advance
of the date when the proposed modification is to take place unless
the 180-day time period is waived by the enforcement agency.
(c) The enforcement agency shall review the application to
determine all of the following:
(1) Whether the change conforms with this division and all
regulations adopted pursuant to this division.
(2) Whether the change requires review pursuant to Division 13
(commencing with Section 21000).
(d) Within 60 days from the date of the receipt of the application
for a revised permit, the enforcement agency shall inform the
operator, and if the enforcement agency is a local enforcement
agency, also inform the board, of its determination to do any of the
following:
(1) Allow the change without a revision to the permit.
(2) Disallow the change because it does not conform with the
requirements of this division or the regulations adopted pursuant to
this division.
(3) Require a revision of the solid waste facilities permit to
allow the change including cases where the enforcement agency
determines that the proposed change to add maximum tonnage is
provided for within the existing design capacity as described in the
facility transfer processing report and environmental review pursuant
to the California Environmental Quality Act (Division 13 (commencing
with Section 21000)) .
(4) Require review under Division 13 (commencing with Section
21000) before a decision is made.
(e) The operator has 30 days within which to appeal the decision
of the enforcement agency to the hearing panel, as authorized
pursuant to Article 2 (commencing with Section 44305) of Chapter 4.
The enforcement agency shall provide notice of a hearing held
pursuant to this subdivision in the same manner as notice is provided
pursuant to subdivision (h).
(f) Under
circumstances that present an immediate danger to the public health
and safety or to the environment, as determined by the enforcement
agency, the 180-day filing period may be waived.
(g) (1) A permit revision is not required for the temporary
suspension of activities at a solid waste facility if the suspension
meets either of the following criteria:
(A) The suspension is for the maintenance or minor modifications
to a solid waste unit or to solid waste management equipment.
(B) The suspension is for temporarily ceasing the receipt of solid
waste at a solid waste management facility and the owner or operator
is in compliance with all other applicable terms and conditions of
the solid waste facilities permit and minimum standards adopted by
the board.
(2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and
postclosure maintenance requirements of this division and to all
other requirements imposed by federal law pertaining to the operation
of a solid waste facility.
(3) The enforcement agency may impose any reasonable conditions
relating to the maintenance of the solid waste facility,
environmental monitoring, and periodic reporting during the period of
temporary suspension. The board may also impose any reasonable
conditions determined to be necessary to ensure compliance with
applicable state standards.
(h) (1) (A) Before making its determination pursuant to
subdivision (d), the enforcement agency shall submit the proposed
determination to the board for comment and hold at least one public
hearing on the proposed determination. The enforcement agency shall
give notice of the hearing pursuant to Section 65091 of the
Government Code, except that the notice shall be provided to all
owners of real property within a distance other than 300 feet of the
real property that is the subject of the hearing, if specified in the
regulations adopted by the board pursuant to subdivision (i). The
enforcement agency shall also provide notice of the hearing to the
board when it submits the proposed determination to the board.
(B) The enforcement agency shall mail or deliver the notice
required pursuant to subparagraph (A) at least 10 days prior to the
date of the hearing to any person who has filed a written request for
the notice with a person designated by the enforcement agency to
receive these requests. The enforcement agency may charge a fee to
the requester in an amount that is reasonably related to the costs of
providing this service and the enforcement agency may require each
request to be annually renewed.
(C) The enforcement agency shall consider environmental justice
issues when preparing and distributing the notice to ensure that the
notice is concise and understandable for limited-English-speaking
populations.
(2) If the board comments pursuant to paragraph (1), the board
shall specify whether the proposed determination is consistent with
the regulation adopted pursuant to subdivision (i).
(i) (1) The board shall, to the extent resources are available,
adopt regulations that implement subdivision (h) and define the term
"significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit."
(2) While formulating and adopting the regulations required
pursuant to paragraph (1), the board shall consider recommendations
of the Working Group on Environmental Justice and the advisory group
made pursuant to Sections 71113 and 71114 and the report required
pursuant to Section 71115.
SEC. 13. Section 50001 of the Public
Resources Code is amended to read:
50001. (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the California Integrated Waste Management Board
pursuant to Division 30 (commencing with Section 40000), no
a person shall not establish or
expand a solid waste facility, as defined in Section 40194, in the
county unless the solid waste facility meets one of the following
criteria:
(1) The solid waste facility is a disposal facility or a
transformation facility, the location of which is identified in the
countywide siting element or amendment thereto, which has been
approved pursuant to Section 41721.
(2) The solid waste facility is a facility which
that is designed to , and which as a
condition of its permit, will recover for reuse or
recycling at least 5 percent of the total volume of material received
by the facility, and which that is
identified described in the nondisposal
facility element or amendment thereto, which
that has been approved pursuant to Section 41800 or
41801.5 or is included in an update to that element
.
(b) Solid waste facilities other than those specified in
paragraphs (1) and (2) of subdivision (a) shall not be required to
comply with the requirements of this section.
(c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation schedule requirements of Section
41780 and the regional impact of the facility. The task force shall
transmit these comments to the person or public agency proposing
establishment of the solid waste facility, to the county, and to all
cities within the county. The comments shall become part of the
official record of the proposed solid waste facility.
(d) The review and comment by the local task force shall not
be required by subdivision (c) for
amendment to an update to a nondisposal facility
element may be satisfied by the review required by
subdivision (a) of Section 41734 for an amendment to an element
.
SEC. 7. SEC. 14. 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.