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 orthosemunicipalities. 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.