BILL NUMBER: AB 1178	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2011
	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN SENATE  JUNE 22, 2011
	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Ma
   (Coauthor: Assembly Member Cedillo)

                        FEBRUARY 18, 2011

   An act to amend Sections 40002 and 40900.1 of, and to add Section
40059.3 to, the Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1178, as amended, Ma. Solid waste: place of origin.
   The existing California Integrated Waste Management Act of 1989
allows each county, city, or district to determine aspects of solid
waste handling that are of local concern and the means by which the
services are to be provided.
   This bill would prohibit an ordinance enacted by a city or county,
including an ordinance enacted by initiative by the voters of a city
or county, from otherwise restricting or limiting the importation of
solid waste into a privately owned solid waste facility in that city
or county based on place of origin. The bill would provide that this
prohibition does not require a privately owned or operated solid
waste facility to accept certain waste, does not allow a privately
owned solid waste facility to abrogate certain agreements, does not
prohibit a city, county, or a regional agency from requiring a
privately owned solid waste facility to guarantee permitted capacity
to a host jurisdiction, and does not  prevent  
otherwise limit or affect the land use authority of  a city or
county  from exercising local land use authority  .

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 40002 of the Public Resources Code is amended
to read:
   40002.  (a) As an essential part of the state's comprehensive
program for solid waste management, and for the preservation of
health and safety, and the well-being of the public, the Legislature
declares that it is in the public interest for the state, as
sovereign, to authorize and require local agencies, as subdivisions
of the state, to make adequate provision for solid waste handling,
both within their respective jurisdictions and in response to
regional needs consistent with the policies, standards, and
requirements of this division and all regulations adopted pursuant to
this division. The provisions of this division which authorize and
require local agencies to provide adequate solid waste handling and
services, and the actions of local agencies taken pursuant thereto,
are intended to implement this state policy.
   (b) The Legislature further declares that restrictions on the
disposal of solid waste that discriminate on the basis of the place
of origin of the waste are an obstacle to, and conflict with,
statewide and regional policies to ensure adequate and appropriate
capacity for solid waste disposal.
  SEC. 2.  Section 40059.3 is added to the Public Resources Code, to
read:
   40059.3.  (a) An ordinance adopted by a city or county or an
ordinance enacted by initiative by the voters of a city or county
shall not restrict or limit the importation of solid waste into a
privately owned facility in that city or county based on the place of
origin  , because these restrictions or limitations are not an
aspect of solid waste handling pursuant to paragraph (1) of
subdivision (a) of Section 40059  .
   (b) This section does not do any of the following:
   (1) Require a privately owned solid waste facility or privately
operated solid waste facility to accept solid waste from outside the
city or county where the facility is located.
   (2) Allow a privately owned solid waste facility to abrogate a
written agreement guaranteeing permitted capacity to a host
jurisdiction, including a regional agency.
   (3) Prohibit a city, county, or regional agency from requiring a
privately owned solid waste facility to guarantee permitted capacity
to a host jurisdiction, including a regional agency.
   (c)  This section does not supersede  
Subject to subdivision (a), this section does not limit  or
affect the land use authority of a city or county, including, but not
limited to, planning, zoning, and permitting, and an ordinance
adopted pursuant to that land use authority.
  SEC. 3.  Section 40900.1 of the Public Resources Code is amended to
read:
   40900.1.  The Legislature hereby further finds and declares all of
the following:
   (a) It is important to encourage state agencies to plan and
implement programs that will reduce the amount of solid waste going
to disposal facilities through source reduction, recycling, and
composting.
   (b) Local agencies, other than a host jurisdiction, and federal
agencies should be encouraged to plan and implement programs that
will reduce the amount of solid waste going to disposal facilities
through source reduction, recycling, and composting.
   (c) Each state agency shall, to the extent feasible and within
existing budgetary constraints, develop and implement source
reduction, recycling, and composting programs that will reduce the
amount of solid waste going to disposal facilities. Those programs
shall be consistent with Executive Order W-7-91, which ordered state
agencies to establish recycling programs, reduce paper waste,
purchase recycled products, and implement measures that minimize the
generation of waste.
   (d) Local, state, and federal agencies generating solid waste that
is sent to a host jurisdiction for disposal should be encouraged to
provide the host jurisdiction with information on the amount of solid
waste and regarding any solid waste source reduction, recycling, or
composting programs that have been implemented by the agency, to
assist the host jurisdiction in developing and implementing the
planning requirements of this division.