BILL NUMBER: AB 845	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 14, 2012
	AMENDED IN ASSEMBLY  MAY 10, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 17, 2011

   An act to  amend Section 40002 of, and to  add Section
 2704.76 to the Streets and Highways Code, relating to
transportation   40059.3 to, the Public Resources Code,
relating to solid waste  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 845, as amended, Ma.  Transportation: bond funds.
  Solid waste: place of origin   .  
   The California Integrated Waste Management Act of 1989 allows each
county, city, or district to determine aspects of solid waste
handling that are of local concern and the means by which the
services are to be provided.  
   This bill would prohibit an ordinance enacted by a city or county,
including an ordinance enacted by initiative by the voters of a city
or county, from otherwise restricting or limiting the importation of
solid waste into a privately owned solid waste facility in that city
or county based on place of origin. The bill would provide that this
prohibition does not require a privately owned or operated solid
waste facility to accept certain waste, does not allow a privately
owned solid waste facility to abrogate certain agreements, does not
prohibit a city, county, or regional agency from requiring a
privately owned solid waste facility to guarantee permitted capacity
to a host jurisdiction, and does not otherwise supersede or affect
the land use authority of a city or county.  
   Existing law, the Safe, Reliable High-Speed Passenger Train Bond
Act for the 21st Century, provides for the issuance of $9.95 billion
in general obligation bonds for high-speed rail and related purposes,
including $950 million to be allocated by the California
Transportation Commission to eligible recipients for capital
improvements to intercity and commuter rail lines and urban rail
transit systems in connection with or otherwise related to the
high-speed train system. Of this amount, 80% is to be allocated to
eligible commuter and urban rail recipients based on track miles,
vehicle miles, and passenger trips pursuant to guidelines to be
adopted by the commission. A dollar-for-dollar match is to be
provided by a commuter and urban rail recipient for bond funds
received.  
   This bill would require the guidelines adopted by the commission
to determine the funding share for each eligible commuter and urban
rail recipient to use the distribution factors gathered from the 2007
Data Tables of the National Transit Database of the Federal Transit
Administration. The bill would require the commission to accept from
each eligible recipient a priority list of projects up to the target
amount expected to be available for the recipient and would require
matching funds provided by the recipient to be from nonstate funds.
The bill would define "nonstate matching funds" for purposes of these
bond fund allocations to mean local, federal, and private funds, as
well as state funds available to an eligible recipient that are not
subject to allocation by the commission. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 40002 of the   Public
Resources Code   is amended to read: 
   40002.   (a)    As an essential part of the
state's comprehensive program for solid waste management, and for the
preservation of health and safety, and the well-being of the public,
the Legislature declares that it is in the public interest for the
state, as sovereign, to authorize and require local agencies, as
subdivisions of the state, to make adequate provision for solid waste
handling, both within their respective jurisdictions and in response
to regional needs consistent with the policies, standards, and
requirements of this division and all regulations adopted pursuant to
this division.  The provisions of this   This
 division  ,  which  authorize and require
  authorizes and requires  local agencies to
provide adequate solid waste handling and services, and the actions
of local agencies taken pursuant  thereto   to
this division  , are intended to implement this state policy.

   (b) The Legislature further declares that restrictions on the
disposal of solid waste that discriminate on the basis of the place
of origin of the waste are an obstacle to, and conflict with,
statewide and regional policies to ensure adequate and appropriate
capacity for solid waste disposal. 
   SEC. 2.    Section 40059.3 is added to the  
Public Resources Code   , to read:  
   40059.3.  (a) An ordinance adopted by a city or county or an
ordinance enacted by initiative by the voters of a city or county
shall not restrict or limit the importation of solid waste into a
privately owned facility in that city or county based on the place of
origin.
   (b) This section does not do any of the following:
   (1) Require a privately owned solid waste facility or privately
operated solid waste facility to accept solid waste from outside the
city or county where the facility is located.
   (2) Allow a privately owned solid waste facility to abrogate a
written agreement guaranteeing permitted capacity to a host
jurisdiction, including a regional agency.
   (3) Prohibit a city, county, or regional agency from requiring a
privately owned solid waste facility to guarantee permitted capacity
to a host jurisdiction, including a regional agency.
   (4) Supersede or otherwise affect the land use authority of a city
or county, including, but not limited to, planning, zoning, and
permitting, or an ordinance lawfully adopted pursuant to that land
use authority.  
  SECTION 1.    Section 2704.76 is added to the
Streets and Highways Code, to read:
   2704.76.  (a) For the guidelines adopted by the commission
pursuant to paragraph (3) of subdivision (a) of Section 2704.095, the
funding share for each eligible recipient shall be determined using
the distribution factors gathered from the 2007 Data Tables of the
National Transit Database of the Federal Transit Administration.
   (b) The commission shall accept from each eligible recipient a
priority list of projects up to the target amount expected to be
available for the recipient. Each project shall meet the criteria set
forth in subdivisions (c) to (j), inclusive, of Section 2704.095.
The commission shall require that the matching funds to be provided
by each eligible recipient pursuant to subdivision (f) shall be
nonstate funds. The nonstate matching funds shall be matched to the
phase programmed with bond funds made available pursuant to Section
2704.095. The match for commuter and urban rail projects shall begin
with the expenditures that date from the adoption of the program for
expenditure of these bond funds.
   (c) For the purposes of this section, "nonstate funds" means
local, federal, and private funds, as well as state funds available
to an eligible recipient that are not subject to allocation by the
commission.