BILL ANALYSIS Ó AB 864 Page 1 Date of Hearing: April 13, 2015 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 864 (Williams) - As Introduced February 26, 2015 SUBJECT: Solid waste facilities: temporary permits SUMMARY: Authorizes solid waste local enforcement agencies (LEAs) to issue temporary permits for solid waste operations. EXISTING LAW: 1)Pursuant to the Integrated Waste Management Act of 1989 (Act): a) Requires local agencies to divert, through source reduction, recycling, and composting, 50% of solid waste disposed by their jurisdictions by the year 2000. b) Establishes a statewide diversion goal of 75% by 2020. c) Requires LEAs (generally cities or counties) to enforce statewide minimum enforcement standards for solid waste handling and disposal. d) Prohibits a solid waste facility from operating without a solid waste facilities permit and requires a LEA to issue a cease and desist order for any facility operating in violation of this provision. Prohibits an LEA from issuing AB 864 Page 2 a stay for a cease and desist order in this instance unless the facility has applied for a solid waste facilities permit or has been denied a permit for the facility. 2)Pursuant to AB 1473 (Feuer), Chapter 547, Statutes of 2007, authorized a LEA to issue a temporary permit for a solid waste facility that operated without a solid waste facilities permit from 2007-2010, if the following conditions were met: a) The facility accepted only source-separated materials for recycling; b) The owner or operator of the facility was actively engaged in "good faith efforts" to obtain a solid waste facilities permit; c) An environmental impact report or negative declaration was prepared for the facility; d) The facility operated in a manner that is consistent with all applicable solid waste laws and regulations during the period of the temporary permit; e) The facility was in operation on or before January 1, 2007. f) Sunset the temporary permit program in 2010. THIS BILL: 1)Requires the Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to authorize a LEA to issue AB 864 Page 3 a temporary solid waste facilities permit to a person operating a solid waste facility that is required to have a permit by the Act. Specifically, the regulations shall: a) Require that a temporary permit applicant submit a complete and correct application for the permit to the LEA no later than 60 days from the date the LEA determines that a permit is required. b) Establish the period of time during which a temporary permit is effective. c) Specify the types and operational status of solid waste facilities that are eligible to obtain a temporary permit. d) Require that the owner or operator of a facility that obtains a temporary permit to allow the LEA to inspect the facility at least monthly. 2)Requires the LEA to notify the operators of all solid waste facilities within its jurisdiction of the availability of temporary permits. 3)Requires CalRecycle to expeditiously review and act on a proposed temporary permit submitted by a LEA and provide assistance to LEAs upon request. 4)Authorizes CalRecycle to adopt these regulations as emergency regulations. FISCAL EFFECT: Unknown AB 864 Page 4 COMMENTS: 1)This bill. According to the author, "AB 864 fosters the anticipated construction and operation of new recycling facilities by reinstating temporary permitting authority under the guidance and oversight of CalRecycle." 2)Temporary permits. AB 1473 (Feuer), Chapter 547, Statutes of 2007 established a temporary permitting system for solid waste handling operations, due to changing trends in solid waste handling and collection practices that required a solid waste facility permit. Under the program, LEAs were authorized to temporarily permit operations and facilities that fall under CalRecycle's regulatory authority. Fifteen temporary permits were issued to recycling and waste material processing facilities under the SB 1473 program. The program sunsetted in 2010. 3)Encouraging and expanding recycling. Cities and counties are undertaking new and innovative efforts to increase the diversion of solid waste from landfills in accordance with the state's 75% recycling goal. AB 1826 (Chesbro), Chapter 727, Statutes of 2014, requires commercial generators of organic waste (yard trimmings and food waste) to arrange for recycling services. AB 1594 (Williams), Chapter 719, Statutes of 2014 specifies that green material (yard trimmings and untreated wood waste) used as alternative daily cover at a landfill does not constitute diversion and shall instead be considered disposal beginning in 2020. New recycling facilities, transfer and processing stations, and organic waste processing facilities will begin operation in California within the next AB 864 Page 5 decade to accommodate this material. Without the ability to offer temporary permits while the operators complete the full solid waste facility permit process, LEAs will be required to shut down recycling operations. 4)Suggested amendments. a) This bill is intended to provide interim permits for a limited period of time while the state implements new recycling requirements. The committee may wish to amend the bill to sunset its provisions on January 1, 2025. b) This bill requires that CalRecycle process temporary permits "expeditiously," but does not define the term. The committee may wish to amend the bill to require CalRecycle to review and act on temporary permits within 30 days of receipt. REGISTERED SUPPORT / OPPOSITION: Support California Association of Environmental Health Administrators (sponsor) AB 864 Page 6 Californians Against Waste Opposition Inland Empire Disposal Association Los Angeles County Waste Management Association Solid Waste Association of Orange County Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916) 319-2092