BILL NUMBER: SBX2 17	CHAPTERED
	BILL TEXT

	CHAPTER   4
	FILED WITH SECRETARY OF STATE   MAY 15, 1995
	APPROVED BY GOVERNOR   MAY 12, 1995
	PASSED THE SENATE   MAY 11, 1995
	PASSED THE ASSEMBLY   MAY 11, 1995
	AMENDED IN SENATE   MAY 10, 1995

INTRODUCED BY  Senator Craven

                        APRIL 3, 1995

   An act relating to environmental quality, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 17, Craven.  Environmental quality:  solid waste handling.
   (1) Existing law, the California Environmental Quality Act,
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report on a project which it proposes to carry out or approve that
may have a significant effect on the environment, as defined, or to
adopt a negative declaration if it finds that the project will not
have that effect, unless the project is exempt from the act.
   This bill would, until January 1, 1996, exempt from the act an
amendment to Section 4-3-116 of the Orange County Codified Ordinance,
as those provisions pertain to the importation of solid waste into
the county, if specified conditions are met.  The bill would thereby
impose a state-mandated local program by imposing new duties on local
agencies with regard to determining the applicability of, and filing
and posting notice of, the exemption.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (3) 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.  (a) Division 13 (commencing with Section 21000) of the
Public Resources Code shall not apply to an amendment of Section
4-3-116 of the Orange County Codified Ordinance, as that amendment
pertains to the importation of solid waste into Orange County, if all
of the following conditions are met:
   (1) The amendment is made on or before January 1, 1996.
   (2) The amendment consists exclusively of the authorization for
the importation of solid waste into the county, and only those
conditions established by the county for the importation of that
solid waste.
   (3) The county holds at least one public hearing on the proposed
amendment that is duly noticed to the mayor, city council members,
and members of the public within each city in which a solid waste
facility that will accept imported solid waste for disposal is
located.
   (4) The county takes all reasonable feasible actions to mitigate
any adverse environmental effects from additional truck traffic to
and from solid waste facilities that accept imported solid waste for
disposal.
   (5) The solid waste facilities permit for each solid waste
facility that will accept imported solid waste meets all of the
following conditions:
   (A) The solid waste facilities permit was issued, modified, or
revised within the past five years.
   (B) At the time of the issuance, modification, or revision, the
solid waste facilities permit was subject to Division 13 (commencing
with Section 21000) of the Public Resources Code.
   (C) The total tonnage accepted by each solid waste disposal
facility after the county authorizes the importation of solid waste
into the county by amending Section 4-3-116 of the Orange County
Codified Ordinance does not exceed the tonnage authorized in the
solid waste facilities permit for each solid waste facility, as it
existed on January 1, 1995.
   (D) The acceptance of imported solid waste at the solid waste
facility does not require any modification of, or revision to, the
solid waste facilities permit, or the issuance of any enforcement
order that allows increases in tonnages to be accepted at the solid
waste facility.
   (6) The county has prepared a source reduction and recycling
element that complies with Chapter 3 (commencing with Section 41300)
and Chapter 6 (commencing with Section 41780) of Part 2 of Division
30 of the Public Resources Code, has received approval from the
California Integrated Waste Management Board for the element, and is
implementing the element.
   (7) The county pays all fees, including any fees required by
Section 43501 or 48000 of the Public Resources Code, including any
fees owed in arrears, on solid waste disposed of in the county,
including any solid waste imported for disposal.
   (b) This section shall remain in effect until January 1, 1996, and
as of that date is repealed, unless a later enacted statute amends
or repeals that date.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
  SEC. 3.  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 provide meaningful fiscal relief that will alleviate
the severe fiscal difficulties being suffered by Orange County, it is
necessary that this act take effect immediately.