BILL ANALYSIS �
AB 34
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Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 34 (Williams) - As Amended: May 10, 2011
Policy Committee: Natural
ResourcesVote:6-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires the Department of Recycling and Resources
Recovery (Calrecycle) to adopt regulations regarding odors
generated by compost facilities. Specifically, this bill:
1)Prohibits a local enforcement agency from verifying an odor
complaint against a compost facility unless the odor exceeds a
performance threshold adopted by the agency.
2)Requires Calrecycle, by July 1, 2012, to adopt regulations
regarding odors generated by compost facilities with which an
enforcement agency would need to comply when adopting
performance thresholds for odors generated by a compost
facility.
3)Authorizes a compost facility operator to apply to an
enforcement agency to adopt performance thresholds for odor,
consistent with Calrecycle's regulations and authorizes an
enforcement agency to charge a filing and administrative fee
for the service.
4)Requires a compost facility operator who submits an
application to an enforcement agency to pay a filing and
administrative fee to the enforcement agency for the service
as well as an annual odor regulation fee to Calrecycle, the
proceeds of which the department may use, upon appropriation,
to cover administrative costs.
FISCAL EFFECT
1)One-time cost to Calrecycle in 2011-12 of several hundred
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thousand dollars to contract for scientific work to establish
the empirical basis for threshold standards. (Integrated
Waste Management Account (IWMA).)
2)Ongoing annual costs to Calrecycle starting in 2011-12 of
several hundred thousand dollars to oversee contracts and
research; support administrative hearings and prepare
regulations, including stakeholder outreach; consult with and
train local enforcement agencies, administer the fee program;
and review appeals and provide technical support. (IWMA.)
3)Costs to local enforcement agencies-mainly cities and
counties-of an unknown amount to adopt performance thresholds,
fully recouped by filing and administrative fees, should an
agency adopt them. (IWMA.)
4)Ongoing revenue to Calrecycle of an unknown amount from annual
odor regulation fees. (IWMA.)
COMMENTS
1)Rationale. The author notes that compost facilities are
essential to the state's waste diversion and other policy
goals and that all compost facilities generate odor. For this
reason, the author adds, existing law requires compost
facility operators to minimize odor but not eliminate it. The
author contends this bill will provide objective standard by
which enforcement agencies may evaluate complaints of
offensive odors emanating from compost facilities.
2)Background. Compost facilities generally are permitted by the
city or county in which they operate. Calrecycle regulates the
operation of organic composting sites, including odor
management and threshold levels, and requires compost
operations to minimize vectors, odors, litter, hazards,
nuisances, noise, and human contact with, inhalation,
ingestion, and transportation of dust, particulates, and
pathogenic organisms. To comply with these regulatory
requirements, compost operators must implement a site-specific
odor impact minimization plan that describes, among other
things, how the facility will monitor odors and respond to
complaints. Despite these plans, many compost facilities face
frequent odor complaints from nearby residents.
3)Support. This bill is supported by Californians Against Waste
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and compost operators who may benefit from the standardization
of odor requirements.
4)There is no formal opposition registered to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081