BILL ANALYSIS Ó
AB 864
Page 1
ASSEMBLY THIRD READING
AB
864 (Williams)
As Amended April 30, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Natural |7-1 |Williams, Dahle, |Harper |
|Resources | |Cristina Garcia, | |
| | |McCarty, Rendon, Mark | |
| | |Stone, Wood | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, Quirk, | |
| | |Rendon, Weber, Wood | |
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SUMMARY: Authorizes solid waste local enforcement agencies (LEAs)
to issue temporary permits for solid waste operations.
Specifically, this bill:
1)Requires the Department of Resources Recycling and Recovery
(CalRecycle) to adopt regulations to authorize a LEA to issue a
temporary solid waste facilities permit to a person operating a
solid waste facility that is required to have a permit by the
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Integrated Waste Management Act of 1989. 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: According to the Assembly Appropriations
Committee, this bill has absorbable costs, likely less than
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$100,000, for CalRecyle to adopt regulations for temporary
permits.
COMMENTS: 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."
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 AB 1473 program. The
program sunsetted in 2010.
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 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.
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Analysis Prepared by:
Elizabeth MacMillan / NAT. RES. / (916) 319-2092
FN:
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