AB 385,
as amended, Chu. Solid waste facilities:begin delete local enforcement agencies.end deletebegin insert Newby Island Landfill: stakeholder group.end insert
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.begin insert Existing law creates the Bay Area Air Quality Management District, with various responsibilities relative to the reduction of air pollution in the area of its jurisdiction.end insert
This bill would, until January 1, 2019, require thebegin delete local enforcement agency that has jurisdiction over the Newby Island Landfillend deletebegin insert Bay Area Air Quality Management Districtend insert to establish abegin delete Newby Island Landfill Community Advisory Committee, comprisedend deletebegin insert South Bay Odor Stakeholder Group, composedend insert of representatives of specified localbegin insert and stateend insert government agencies, members of the public, and a representative of the landfill operator,begin insert
among other entities,end insert to hold public meetings, relating tobegin delete the proposedend deletebegin insert odors that emanate from theend insert Newby Island Landfillbegin delete expansionend deletebegin insert and locations around the landfillend insert and take other actions as provided. By imposing new duties onbegin delete a local enforcement agency,end deletebegin insert the Bay Area Air Quality Management District,end insert this bill would create a state-mandated local program.
The bill would declare that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.
end insertThe 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 43209.3 is added to the Public Resources
2Code, to read:
(a) The local enforcement agency that has jurisdiction
4over the Newby Island Landfill shall establish a Newby Island
5Landfill Community Advisory Committee, comprised of the
6following members:
7(1) A representative from each city located within one mile of
8the Newby Island Landfill, who shall be appointed by the city
9council of the city and who shall represent the city.
10(2) A representative of the local enforcement agency that has
11jurisdiction over the Newby Island Landfill, who shall be appointed
12by that local enforcement agency.
P3 1(3) A representative from the Bay Area Air Quality Management
2District,
who shall be appointed by the district.
3(4) A representative of the Newby Island Landfill operator.
4(5) Two members of the public, who shall be agreed
upon and
5appointed by the city councils of the cities described in paragraph
6(1).
7(b) The advisory committee shall do all of the following:
8(1) Hold a public meeting, at least once every six months, but
9more frequently if desired by the advisory committee, to discuss
10issues related to the proposed Newby Island Landfill expansion.
11(2) Receive and review information related to an independent
12odor
study, if such a study is completed, and make
13recommendations to the government agencies represented on the
14committee.
15(c) This section shall remain in effect only until January 1, 2019,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2019, deletes or extends that date.
begin insertArticle 6 (commencing with Section 40280) is
19added to Chapter 4 of Part 3 of Division 26 of the end insertbegin insertHealth and
20Safety Codeend insertbegin insert, to read:end insert
21
(a) The bay district shall establish a South Bay Odor
25Stakeholder Group, comprised of the following members:
26(1) A representative from each of the City of San Jose, the City
27of Milpitas, and the City of Fremont, who shall be appointed by
28the city council of the respective city and who shall represent that
29city.
30(2) A representative of the local enforcement agency for the city
31of San Jose.
32(3) A representative of the bay district, who shall be appointed
33by the district.
34(4) A representative of the San Francisco Bay Area Regional
35Water Quality
Board.
36(5) A representative of the California Coastal Conservancy and
37a representative of the California Environmental Protection
38Agency.
39(6) A representative of the South Bay Salt Pond Restoration
40Project.
P4 1(7) A representative of the San Jose-Santa Clara Regional
2Wastewater Facility.
3(8) A representative of the entity that represents the Newby
4Island Landfill and associated landfill operations, and a
5representative of a dry fermentation anaerobic digestion facility
6that operates in the City of San Jose.
7(9) Two members of the public, who shall be agreed upon and
8appointed by the city councils of the cities described in paragraph
9(1).
10(b) The stakeholder group shall do all of the following:
11(1) Hold a public meeting, at least once every six months, but
12more frequently if desired by the stakeholder group, to discuss
13issues related to odors that emanate from the Newby Island Landfill
14and odors that emanate from other locations around the landfill.
15(2) Receive and review information related to an independent
16odor study, if such a study is completed, and make
17recommendations to the government agencies, including the
18California Environmental Protection Agency, represented on the
19committee.
20(c) This section shall remain in effect only until January 1, 2019,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2019, deletes or extends that date.
The Legislature finds and declares that a special law
24is necessary and that a general law cannot be made applicable
25within the meaning of Section 16 of Article IV of the California
26Constitution because of the unique odors that emanate from various
27locations around the Newby Island Landfill located in the County
28of Santa Clara.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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