BILL NUMBER: AB 385	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2015

   An act to add  and repeal  Section 43209.3  to
  of  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.  
until January 1, 2019, require the local enforcement agency that has
jurisdiction over the Newby Island Landfill to establish a Newby
Island Landfill Community Advisory C   ommittee, comprised
of representatives of specified local government agencies, members of
the public, and a representative of the landfill operator, to hold
public meetings, relating to the proposed Newby Island Landfill
expansion and take other actions as provided.  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 municipalities.

    43209.3.    (a) The local enforcement agency that
has jurisdiction over the Newby Island Landfill shall establish a
Newby Island Landfill Community Advisory Committee, comprised of the
following members:  
   (1) A representative from each city located within one mile of the
Newby Island Landfill, who shall be appointed by the city council of
the city and who shall represent the city.  
   (2) A representative of the local enforcement agency that has
jurisdiction over the Newby Island Landfill, who shall be appointed
by that local enforcement agency.  
   (3) A representative from the Bay Area Air Quality Management
District, who shall be appointed by the district.  
   (4) A representative of the Newby Island Landfill operator. 

   (5) Two members of the public, who shall be agreed upon and
appointed by the city councils of the cities described in paragraph
(1).  
   (b) The advisory committee shall do all of the following: 

   (1) Hold a public meeting, at least once every six months, but
more frequently if desired by the advisory committee, to discuss
issues related to the proposed Newby Island Landfill expansion. 

   (2) Receive and review information related to an independent odor
study, if such a study is completed, and make recommendations to the
government agencies represented on the committee.  
   (c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date. 
  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.