Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 385


Introduced by Assembly Member Chu

February 18, 2015


An act to add Section 43209.3 to the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 385, as amended, Chu. 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 monthsbegin insert to report violations, investigations, and remedial actions that have occurred since the previous meeting andend insert to receive information regarding odor and other nuisance impacts of the facility from representatives of that municipality orbegin insert thoseend insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 43209.3 is added to the Public Resources
2Code
, to read:

3

43209.3.  

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,begin insert to report violations, investigations, and remedial
8actions that have occurred since the previous meeting andend insert
to
9receive information regarding odor and other nuisance impacts of
10the facility from representatives of that municipality or those
11municipalities, unless waived in writing by the municipality or
12begin delete thoseend delete municipalities.

13

SEC. 2.  

If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.



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