BILL NUMBER: SB 675 CHAPTERED
BILL TEXT
CHAPTER 788
FILED WITH SECRETARY OF STATE OCTOBER 8, 1997
APPROVED BY GOVERNOR OCTOBER 7, 1997
PASSED THE SENATE SEPTEMBER 9, 1997
PASSED THE ASSEMBLY SEPTEMBER 4, 1997
AMENDED IN ASSEMBLY SEPTEMBER 2, 1997
AMENDED IN ASSEMBLY JULY 22, 1997
AMENDED IN ASSEMBLY JULY 7, 1997
AMENDED IN SENATE MAY 20, 1997
AMENDED IN SENATE MAY 1, 1997
INTRODUCED BY Senator Costa
FEBRUARY 25, 1997
An act to amend, repeal, and add Section 41705 of the Health and
Safety Code, and to amend and repeal Section 43209.1 of the Public
Resources Code, relating to air pollution, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 675, Costa. Air pollution: odors.
Existing law prohibits the discharge of any air contaminant or
other material that causes injury, detriment, nuisance, or annoyance
to, or that endangers, a considerable number of persons or the
public. Existing law, until October 16, 1997, exempts from that
prohibition odors emanating directly from a facility or operations
that produce, manufacture, or handle compost, as defined, and
requires an air pollution control district or air quality management
district that receives a complaint regarding such an odor to refer
the complaint as soon as feasible to an enforcement agency for action
pursuant to the California Integrated Waste Management Act of 1989.
This bill would extend that exemption until 4 years after the
effective date of the bill, and require the districts to report those
complaints to an enforcement agency within 24 hours or by the next
working day. The bill would require the California Integrated Waste
Management Board, on or before April 1, 1998, to convene a working
group, as prescribed, to assist in the implementation of the
exemption, require the board and the working group to take specified
actions by April 1, 1999, and require the board to implement, by
January 1, 2000, recommendations of the working group that the board
determines to be appropriate.
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 41705 of the Health and Safety Code, as amended
by Section 2.1 of Chapter 952 of the Statutes of 1995, is amended to
read:
41705. (a) Section 41700 shall not apply to odors emanating from
any of the following:
(1) Agricultural operations necessary for the growing of crops or
the raising of fowl or animals.
(2) Operations that produce, manufacture, or handle compost, as
defined in Section 40116 of the Public Resources Code, provided that
the odors emanate directly from the compost facility or operations.
(3) Operations that compost green material or animal waste
products derived from agricultural operations, and that return
similar amounts of the compost produced to that same agricultural
operations source, or to an agricultural operations source owned or
leased by the owner, parent company, or subsidiary conducting the
composting operation. The composting operation may produce an
incidental amount of compost not exceeding 2,500 cubic yards of
compost, which may be given away or sold annually.
(b) If a district receives a complaint pertaining to an odor
emanating from a compost operation exempt from Section 41700 pursuant
to paragraph (2) or (3) of subdivision (a), that is subject to the
jurisdiction of an enforcement agency under Division 30 (commencing
with Section 40000) of the Public Resources Code, the district shall,
within 24 hours or by the next working day, refer the complaint to
the enforcement agency.
(c) This section shall become inoperative on the date that is
four years from the effective date of the amendments to this section
enacted in 1997, and, as of January 1, 2002, is repealed, unless a
later enacted statute, that becomes operative on or before that date,
deletes or extends the dates on which it is inoperative and is
repealed.
SEC. 2. Section 41705 of the Health and Safety Code, as amended by
Section 2.2 of Chapter 952 of the Statutes of 1995, is amended to
read:
41705. (a) Section 41700 shall not apply to odors emanating from
agricultural operations necessary for the growing of crops or the
raising of fowl or animals.
(b) This section shall become operative on the date that is four
years from the effective date of the amendments to this section
enacted in 1997.
SEC. 3. Section 43209.1 of the Public Resources Code is amended to
read:
43209.1. (a) Notwithstanding any other provision of law, if an
enforcement agency receives a complaint, pursuant to subdivision (b)
of Section 41705 of the Health and Safety Code, from an air pollution
control district or an air quality management district pertaining to
an odor emanating from a compost facility under its jurisdiction,
the enforcement agency shall, in consultation with the district, take
appropriate enforcement actions pursuant to this part.
(b) On or before April 1, 1998, the board shall convene a working
group consisting of enforcement agencies and air pollution control
districts and air quality management districts to assist in the
implementation of this section and Section 41705 of the Health and
Safety Code. On or before April 1, 1999, the board and the working
group shall develop recommendations on odor measurement and
thresholds, complaint response procedures, and enforcement tools and
take any other action necessary to ensure that enforcement agencies
respond in a timely and effective manner to complaints of odors
emanating from composting facilities. On or before January 1, 2000,
the board shall implement the recommendations of the working group
that the board determines to be appropriate.
(c) This section shall become inoperative on the date that is four
years from the effective date of the amendments to this section
enacted in 1997, and, as of January 1, 2002, is repealed, unless a
later enacted statute, that becomes operative on or before that date,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 4. 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 maintain continuity in achieving the purposes of the
California Integrated Waste Management Act of 1989, it is necessary
that this act take effect immediately.