AB 385,
as amended, Chu. begin deleteLocal agencies. end deletebegin insertSolid waste facilities: local enforcement agencies.end insert
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, prohibits a person from operating a solid waste facility without a solid waste facilities permit, as provided. The act requires the department to prepare and adopt certification regulations for local enforcement agencies. The act requires the local enforcement agency, if it receives a complaint from an air pollution control district or an air quality management district pertaining to an odor emanating from a compost facility under its jurisdiction to take appropriate enforcement actions, as provided.
end insertbegin insertThis bill would, if a solid waste facility in a jurisdiction is within a quarter mile of a municipality or municipalities that are not part of the jurisdiction, require the local enforcement agency that has jurisdiction over the facility to hold a public meeting every 6 months to receive information regarding odor and other nuisance impacts of the facility from representatives of that municipality or municipalities, as specified. By imposing new duties on a local enforcement agency, this bill would create a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law defines the term “legislative body” for purposes of laws relating to cities, counties, and other local agencies.
end deleteThis bill would make a technical, nonsubstantive change to that definition.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 43209.3 is added to the end insertbegin insertPublic Resources
2Codeend insertbegin insert, to read:end insert
If a solid waste facility in a jurisdiction is within a
4quarter mile of a municipality or municipalities that are not part
5of the jurisdiction, the local enforcement agency that has
6jurisdiction over the facility shall hold a public meeting, at least
7every six months, to receive information regarding odor and other
8nuisance impacts of the facility from representatives of that
9municipality or those municipalities, unless waived in writing by
10the municipality or those municipalities.
If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
Section 53000 of the Government Code is
17amended to read:
As used in this chapter, “legislative body” means the
19board of supervisors in the case of a county or a city and county,
20the city council or the board of trustees in the case of a city, and
21the board of directors or other governing body in the case of a
22district or other public agency, unless the context otherwise
23requires.
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