BILL NUMBER: AB 385	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2015
	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  Article 6 (commencing with 
Section  43209.3  40280)  of the 
Public Resources Code,    Health and Safety Code, 
relating to  solid waste.   air pollution.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 385, as amended, Chu. Solid waste facilities:  local
enforcement agencies.   Newby Island Landfill:
stakeholder group. 
   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.  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. 
   This bill would, until January 1, 2019, require the  local
enforcement agency that has jurisdiction over the Newby Island
Landfill   Bay Area Air Quality Management District
 to establish a  Newby Island Landfill Community
Advisory Committee, comprised   South Bay Odor
Stakeholder Group, composed  of representatives of specified
local  and state  government agencies, members of the
public, and a representative of the landfill operator,  among
other entities,  to hold public meetings, relating to 
the proposed   odors that emanate from the  Newby
Island Landfill  expansion   and locations
around the landfill  and take other actions as provided. By
imposing new duties on  a local enforcement agency, 
 the Bay Area Air Quality Management District,  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. 
   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.  (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. 
   SECTION 1.    Article 6 (commencing with Section
40280) is added to Chapter 4 of Part 3 of Division 26 of the 
 Health and Safety Code   , to read:  

      Article 6.  South Bay Odor Stakeholder Group


   40280.  (a) The bay district shall establish a South Bay Odor
Stakeholder Group, comprised of the following members:
   (1) A representative from each of the City of San Jose, the City
of Milpitas, and the City of Fremont, who shall be appointed by the
city council of the respective city and who shall represent that
city.
   (2) A representative of the local enforcement agency for the city
of San Jose.
   (3) A representative of the bay district, who shall be appointed
by the district.
   (4) A representative of the San Francisco Bay Area Regional Water
Quality Board.
   (5) A representative of the California Coastal Conservancy and a
representative of the California Environmental Protection Agency.
   (6) A representative of the South Bay Salt Pond Restoration
Project.
   (7) A representative of the San Jose-Santa Clara Regional
Wastewater Facility.
   (8) A representative of the entity that represents the Newby
Island Landfill and associated landfill operations, and a
representative of a dry fermentation anaerobic digestion facility
that operates in the City of San Jose.
   (9) 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 stakeholder group shall do all of the following:
   (1) Hold a public meeting, at least once every six months, but
more frequently if desired by the stakeholder group, to discuss
issues related to odors that emanate from the Newby Island Landfill
and odors that emanate from other locations around the landfill.
   (2) Receive and review information related to an independent odor
study, if such a study is completed, and make recommendations to the
government agencies, including the California Environmental
Protection Agency, 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.    The Legislature finds and declares 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 because of the unique odors that emanate from
various locations around the Newby Island Landfill located in the
County of Santa Clara. 
   SEC. 2.   SEC. 3.   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.