BILL NUMBER: AB 385 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 9, 2016
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 40280) of the Health and Safety Code, relating to air
pollution. An act to add Section 6808 to the
Government Code, and to repeal Sections 1, 2, 3, 4, and 5 of the
Daylight Saving Time Act, an initiative measure approved at the
November 8, 1949, special election, relating to Daylight Saving Time.
LEGISLATIVE COUNSEL'S DIGEST
AB 385, as amended, Chu. Solid waste facilities: Newby
Island Landfill: stakeholder group. Daylight Saving
Time.
Existing federal law establishes the standard time of the United
States for each of 9 zones and advances the standard time of each
zone by one hour during the period commencing at 2 a.m. on the 2nd
Sunday of March of each year and ending at 2 a.m. on the first Sunday
of November of each year. Existing state law, the Daylight Saving
Time Act, which was adopted as an initiative measure by the voters at
the November 8, 1949, special election, provides that the standard
time within the state is that which is known, described, and
designated by federal law as United States Standard Pacific Time. The
act also requires, from 1 a.m. on the last Sunday of April, until 2
a.m. on the last Sunday of October, the standard time within the
state to be one hour in advance of United States Standard Pacific
Time.
This bill would repeal the Daylight Saving Time Act, and would
require the standard time within the state to be that of the 5th zone
designated by federal law as Pacific standard time. The bill would
authorize the Legislature to amend its provisions by a majority vote
to further the purposes of the bill.
The California Constitution authorizes the Legislature to amend or
repeal an initiative statute by another statute that becomes
effective when approved by the electors.
This bill would provide that it would become effective only upon
approval of the voters. It would also provide for submission of this
measure to the voters for approval at the next statewide general
election.
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 Bay Area Air
Quality Management District to establish a 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 odors that emanate from the Newby Island Landfill and
locations around the landfill and take other actions as provided. By
imposing new duties on 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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6808 is added to the
Government Code , to read:
6808. (a) The standard time within the state is that of the fifth
zone designated by federal law as Pacific standard time (15 U.S.C.
Secs. 261 and 263).
(b) The Legislature may amend this section by a majority vote to
further the purposes of the act that added this section.
SEC. 2. Section 1 of the Daylight
Saving Time Act is repealed.
Section 1. This act shall be known and may be
cited as the Daylight Saving Time Act.
SEC. 3. Section 2 of the Daylight
Saving Time Act is repealed.
Section 2. The standard time within the State,
except as hereinafter provided, is that of the One Hundred and
Twentieth (120th) degree of longitude west from Greenwich and which
is now known, described and designated by Act of Congress as "United
States Standard Pacific Time."
SEC. 4. Section 3 of the Daylight
Saving Time Act is repealed.
Sec. 3. From 1 o'clock antemeridian on the last
Sunday of April, until 2 o 'clock antemeridian on the last Sunday of
October, the standard time in this State so established shall be one
hour in advance of the standard time now known as United States
Standard Pacific time.
SEC. 5. Section 4 of the Daylight
Saving Time Act is repealed.
Section 4. In all laws, statutes, orders,
decrees, rules and regulations relating to the time of performance of
any act by any officer or department of this State, or of any
county, city and county, city, town or district thereof or relating
to the time in which any rights shall accrue or determine, or within
which any act shall or shall not be performed by any person subject
to the jurisdiction of the State, and in all the public schools and
in all other institutions of this State, or of any county, city and
county, city, town or district thereof, and in all contracts or
choses in actions made or to be performed in this State, the time
shall be as set forth in this act and it shall be so understood and
intended.
SEC. 6. Section 5 of the Daylight
Saving Time Act is repealed.
SECTION 5. All acts in conflict herewith are
hereby repealed.
SEC. 7. Sections 1 to 6, inclusive, of this act
amend the Daylight Saving Time Act, Proposition 12, an initiative
statute approved by the voters at the November 8, 1949, special
election, and shall become effective only when submitted to and
approved by the voters. The Secretary of State shall submit Sections
1 to 6, inclusive, of this act to the voters at a statewide election
in accordance with Section 9040 of the Elections Code.
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. 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.