BILL ANALYSIS Ó
AB 864
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
864 (Williams) - As Amended April 15, 2015
-----------------------------------------------------------------
|Policy |Natural Resources |Vote:|7 - 1 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill requires CalRecycle to adopt regulations to authorize
solid waste local enforcement agencies (LEAs) to issue temporary
permits until January 1, 2025, for solid waste operations.
AB 864
Page 2
Additionally, this bill:
1)Authorizes CalRecycle to adopt regulations as emergency
regulations.
2)Requires LEAs to submit temporary permits to CalRecyle for
approval. Requires CalRecycle to process temporary permits
within 30 days of receipt.
3)Requires LEAs to notify the operators of all solid waste
facilities within its jurisdiction of the availability of
temporary permits.
FISCAL EFFECT:
1)Abosorbable costs, likely less than $100,000, for CalRecyle to
adopt regulations for temporary permits.
2)Unknown local nonreimbursable state mandated cost to provide
the temporary permits. This cost will be offset by permit
fees.
COMMENTS:
1)Purpose. 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.
AB 864
Page 3
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.
This bill provides interim or temporary permits for a limited
period of time while the state implements new recycling
requirements.
2)Background. The Integrated Waste Management Act establishes a
state diversion (recycling) goal of 75% by 2020.
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 further 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 decade to comply with state law.
AB 864
Page 4
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, contrary to state recycling goals.
3)Local Enforcement Agencies. LEAs are generally cities and
counties required to enforce statewide standards for solid
waste handling and disposal. LEAs are certified by CalRecyle
and have the primary responsibility for ensuring the correct
operation and closure of solid waste facilities as well as the
proper storage and transportation of solid wastes.
4)Emergency Regulations. Generally, there are two types of
rulemaking procedures that a state agency can pursue: regular
or emergency.
The regular rulemaking process requires that a state agency
meet certain public hearing and notice requirements. The
emergency rulemaking process has different requirements but
generally includes a brief public notice period, a brief
public comment period, review by the Office of Administrative
Law (OAL) and an OAL decision.
An emergency regulation usually becomes effective when filed
with the Secretary of State, and remains in effect for 180
days unless the agency files a completed rulemaking action
with OAL or OAL approves a readoption of the emergency
regulation during that time period. Emergency regulations can
become permanent if the agency adopts the emergency regulation
AB 864
Page 5
through the regular rulemaking process within the time period
the emergency regulations are in effect.
1)Suggested Amendment:
In order to ensure this bill is not determined to be a
reimbursable state-mandate, the author may wish to consider
adding the following provision:
No reimbursement is required by this act pursuant to
Section 6 of Article XIII B
of the California Constitution because a local agency or
school district has the authority to levy service charges,
fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning
of Section 17556 of the Government Code.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081
AB 864
Page 6