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
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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)
AB 864
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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