BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 864


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          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  








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               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  








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            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








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          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  








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            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)








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          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