BILL NUMBER: AB 1178	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Ma
   (Coauthor: Assembly Member Cedillo)

                        FEBRUARY 18, 2011

   An act to amend Sections 40002, 40900.1, and 41903 of the Public
Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1178, as amended, Ma. Solid waste: place of origin.
   Existing law authorizes a city or county to assess special fees of
a reasonable amount on the importation of waste from outside of the
county to publicly owned or privately owned facilities.
   This bill would  also authorize a local agency to assess
those special fees. The bill would  prohibit a city 
,   or  county,  or local agency 
from otherwise restricting or limiting in any way the importation of
solid waste into that city or county based on place of origin
 because ensuring adequate and appropriate capacity for
disposal of solid waste is a matter of state and regional concern
  ,   except as specified with regard to solid
waste facilities or the local land use authority  . 
   Existing law prohibits a city or county from exporting solid waste
to any other jurisdiction unless the exporting city or county has
implemented an approved city or county household hazardous waste
element and a source reduction and recycling element, or has
submitted a countywide integrated waste management plan, with which
it is in compliance.  
   This bill would also apply that prohibition to a local agency. The
bill would make related changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
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 division which authorize and
require local agencies to provide adequate solid waste handling and
services, and the actions of local agencies taken pursuant thereto,
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 40900.1 of the Public Resources Code is amended to
read:
   40900.1.  The Legislature hereby further finds and declares all of
the following:
   (a) It is important to encourage state agencies to plan and
implement programs that will reduce the amount of solid waste going
to disposal facilities through source reduction, recycling, and
composting.
   (b) Local agencies, other than a host jurisdiction, and federal
agencies should be encouraged to plan and implement programs that
will reduce the amount of solid waste going to disposal facilities
through source reduction, recycling, and composting.
   (c) Each state agency shall, to the extent feasible and within
existing budgetary constraints, develop and implement source
reduction, recycling, and composting programs that will reduce the
amount of solid waste going to disposal facilities. Those programs
shall be consistent with Executive Order W-7-91, which ordered state
agencies to establish recycling programs, reduce paper waste,
purchase recycled products, and implement measures that minimize the
generation of waste.
   (d) Local, state, and federal agencies generating solid waste that
is sent to a host jurisdiction for disposal should be encouraged to
provide the host jurisdiction with information on the amount of solid
waste and regarding any solid waste source reduction, recycling, or
composting programs that have been implemented by the agency, to
assist the host jurisdiction in developing and implementing the
planning requirements of this division.
   (e) Restrictions or limits on the importation of solid waste based
on the place of origin are not aspects of solid waste handling
subject to local government determination because they unreasonably
limit the disposal of solid waste.
  SEC. 3.  Section 41903 of the Public Resources Code is amended to
read:
   41903.  (a) A city  , county, or local agency 
 or county  may assess special fees of a reasonable amount
on the importation of waste from outside of the county to publicly
owned or privately owned facilities.
   (b)  A city, county, or local agency   (1)
    A city or county  may not otherwise
restrict or limit in any way the importation of solid waste into that
city or  county based on the place of origin, because
ensuring adequate and appropriate capacity for disposal of solid
waste is a matter of state and regional concern.  
county based on the place of origin.  
   (2) Paragraph (1) does not do any of the following:  
   (A) Restrict a publicly owned solid waste facility from limiting
or restricting its acceptance of solid waste from outside the
jurisdiction of the public agency that owns the facility.  
   (B) 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.  
   (C) Prevent a city or county from exercising its land use
authority, including making a zoning, permitting, or other land use
determination. 
    (c) A city  , county, or local agency   or
county  shall not export solid waste to any other jurisdiction
unless the exporting city or county has done either of the following:

   (1) Implemented, within one year following the date when the
countywide integrated waste management plan is required to be
submitted to the department pursuant to subdivision (a) or (b) of
Section 41791, or a later date established or permitted by the
department, both an approved city or county household hazardous waste
element and a source reduction and recycling element.
   (2) Submitted a countywide integrated waste management plan, with
which it is in compliance.
   (d) Notwithstanding subdivision (c), until one year following the
date when the countywide integrated waste management plan is required
to be submitted to the department pursuant to subdivision (a) or (b)
of Section 41791, or a later date established by the department,
nothing in this section shall be construed as prohibiting the export
of solid waste.
   (e) The department may waive the requirements of subdivision (c)
if the department determines that all additional reasonable source
reduction and recycling programs are being implemented in the city or
county or if the department determines that the system to export
waste supports or enhances the city or county source recovery and
recycling element.