BILL NUMBER: AB 385	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2015

   An act to  amend   add  Section 
53000 of the Government Code    43209.3 to the Public
Resources Code  , relating to  local agencies. 
 solid waste. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 385, as amended, Chu.  Local agencies.  
Solid waste facilities: local enforcement agencies.  
   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.  
   This 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.  
   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, 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.  
   Existing law defines the term "legislative body" for purposes of
laws relating to cities, counties, and other local agencies.
 
   This bill would make a technical, nonsubstantive change to that
definition. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 43209.3 is added to the 
 Public Resources Code   , to read:  
   43209.3.  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, the local enforcement agency that has jurisdiction
over the facility shall hold a public meeting, at least every six
months, to receive information regarding odor and other nuisance
impacts of the facility from representatives of that municipality or
those municipalities, unless waived in writing by the municipality or
those municipalities. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 53000 of the Government Code
is amended to read:
   53000.  As used in this chapter, "legislative body" means the
board of supervisors in the case of a county or a city and county,
the city council or the board of trustees in the case of a city, and
the board of directors or other governing body in the case of a
district or other public agency, unless the context otherwise
requires.