BILL NUMBER: AB 2009	CHAPTERED
	BILL TEXT

	CHAPTER   271
	FILED WITH SECRETARY OF STATE   JULY 23, 1996
	APPROVED BY GOVERNOR   JULY 22, 1996
	PASSED THE SENATE   JULY 7, 1996
	PASSED THE ASSEMBLY   APRIL 25, 1996

INTRODUCED BY  Assembly Member Cortese

                        JANUARY 8, 1996

   An act to amend Section 44009 of the Public Resources Code,
relating to solid waste, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2009, Cortese.  Waste:  solid waste facilities:  permits.
   Existing law, the California Integrated Waste Management Act of
1989, regulates the management of solid waste.  The act requires the
California Integrated Waste Management Board and certified local
enforcement agencies to perform specified functions with regard to
the regulation of solid waste management, including the issuance and
enforcement of solid waste facilities permits.  The board is required
to concur or object to the issuance, modification, or revision of
any solid waste facilities permit within 60 days of the board's
receipt of any proposed solid waste facilities permit.  However, the
board is required to object to the permit and to submit its
determination and specific objections to the local enforcement
agency, the applicant, and the city or county within which the
facility is located, until a countywide integrated waste management
plan has been approved by the board, if the board makes a
determination concerning specified diversion requirements.
   This bill would delete that requirement that the board object to
the permit until the countywide integrated waste management plan is
approved.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44009 of the Public Resources Code is amended
to read:
   44009.  (a) (1) The board shall, in writing, concur or object to
the issuance, modification, or revision of any solid waste facilities
permit within 60 days of the board's receipt of any proposed solid
waste facilities permit submitted under Section 44007 after
consideration of the issues in this section.
   (2) If the board determines that the permit is not consistent with
the state minimum standards adopted pursuant to Section 43020, or is
not consistent with Sections 43040, 43600, 44007, 44010, 44017,
44150, and 44152 or Division 31 (commencing with Section 50000), the
board shall object to provisions of the permit and shall submit those
objections to the local enforcement agency for its consideration.
   (3) If the board fails to concur or object in writing within 60
days, it shall be deemed to have concurred in the issuance of the
permit as submitted to it.
   (b) Notwithstanding subdivision (a), the board is not required to
concur in, or object to, and shall not be deemed to have concurred
in, the issuance of a solid waste facilities permit for a disposal
facility if the owner or operator is not in compliance with, as
determined by the regional water board, an enforcement order issued
pursuant to Chapter 5 (commencing with Section 13300) of Division 7
of the Water Code, or if all of the following conditions exist:
   (1) Waste discharge requirements for the disposal facility issued
by the applicable regional water board are pending review in a
petition before the state water board.
   (2) The petition for review of the waste discharge requirements
includes a request for a stay of the waste discharge requirements.
   (3) The state water board has not taken action on the stay request
portion of the pending petition for review of waste discharge
requirements.
   (c) In objecting to the issuance, modification, or revision of any
solid waste facilities permit pursuant to this section, the board
shall, based upon substantial evidence in the record on the matter
before the board, state its reasons for objecting.  The board shall
not object to the issuance, modification, or revision of any solid
waste facilities permit unless it finds that the permit is not
consistent with the state minimum standards adopted pursuant to
Section 43020, or is not consistent with Section 43040, 43600, 44007,
44010, 44017, 44150, or 44152 or Division 31 (commencing with
Section 50000).
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to facilitate the issuance, modification, and revision of
solid waste facilities permits, thereby better protecting the
environment and public health and safety by providing for the
management of solid waste, it is necessary that this act take effect
immediately.