BILL NUMBER: AB 1178 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 13, 2011
AMENDED IN SENATE JUNE 22, 2011
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
40002 and 40900.1 of, and to add Section 40059.3 to,
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.
The existing 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 a city or county, including by
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 , except as specified
with regard to requiring . The bill would provide that
this prohibition does not require a privately owned or
operated solid waste facility to accept certain waste,
allowing does not allow a privately owned solid
waste facility to abrogate certain agreements, or preventing
does not prohibit a city, county, or a regional
agency from requiring a privately owned solid waste facility to
guarantee permitted capacity to a host jurisdiction, and does not
prevent a city or county from exercising local land use
authority.
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 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 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.
(c) This section does not supersede or affect the land use
authority of a city or county, including, but not limited to,
planning, zoning, and permitting, and an ordinance adopted pursuant
to that land use authority.
SEC. 2. SEC. 3. 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.
SEC. 3. Section 41903 of the Public Resources
Code is amended to read:
41903. (a) A city 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) (1) A city or county, including by an ordinance enacted by the
voters of that city or county, may not otherwise restrict or limit
the importation of solid waste into a privately owned facility in
that city or county based on the place of origin.
(2) This subdivision does not do any of the following:
(A) 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.
(B) Allow a privately owned solid waste facility to abrogate a
written disposed agreement guaranteeing permitted capacity to a host
jurisdiction, including a regional agency.
(C) Prevent a city or county from exercising its land use
authority, including making a zoning, permitting, or other land use
determination that is subject to paragraph (1).
(c) A city 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.