BILL NUMBER: AB 385	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

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 months  to report violations, investigations, and
remedial actions that have occurred since the previous meeting and
 to receive information regarding odor and other nuisance
impacts of the facility from representatives of that municipality or
 those  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:

  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 report violations, investigations, and remedial
actions that have occurred since the previous meeting and  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.