BILL NUMBER: AB 2614	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 24, 2012

   An act to amend Section 50000 of the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2614, as introduced, Torres. Solid waste facilities: waste
management plans.
   Existing law prohibits a person from establishing a new solid
waste facility or transformation facility or expanding an existing
solid waste facility or transformation facility that will result in a
significant increase in the amount of solid waste handled at the
facility without a certification by the enforcement agency until an
integrated waste management plan has been approved by the Department
of Resources Recycling and Recovery.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 50000 of the Public Resources Code is amended
to read:
   50000.  (a) Until an integrated waste management plan has been
approved by the  California Integrated Waste Management Board
  Department of Resources Recycling and Recovery 
pursuant to Division 30 (commencing with Section 40000),  no
  a  person shall  not  establish a new
solid waste facility or transformation facility or expand an existing
solid waste facility or transformation facility that will result in
a significant increase in the amount of solid waste handled at the
facility without a certification by the enforcement agency that one
of the following has occurred:
   (1) The facility is identified and described in, or found to
conform with, a county solid waste management plan that was in
compliance with statutes and regulations in existence on December 31,
1989, adopted pursuant to former Title 7.3 (commencing with Section
66700) of the Government Code as that former statute read on December
31, 1989. The conformance finding with that plan shall be in
accordance with the procedure for a finding of conformance that was
set forth in the plan prior to January 1, 1990.
   (2) The facility is identified and described in the most recent
county solid waste management plan that has been approved by the
county and by a majority of the cities within the county that contain
a majority of the population of the incorporated area of the county,
except in those counties that have only two cities, in which case,
the plan has been approved by the county and by the city that
contains a majority of the population of the incorporated area of the
county.
   (3) Pursuant to the procedures in subdivision (b), the facility
has been approved by the county and by a majority of the cities
within the county that contain a majority of the population of the
incorporated area of the county, except in those counties that have
only two cities, in which case, the facility has been approved by the
county and by the city that contains a majority of the population of
the incorporated area of the county.
   (4) The facility is a material recovery facility and the site
identification and description of the facility have been submitted to
the task force created pursuant to Section 40950 for review and
comment, pursuant to the procedures set forth in subdivision (c). For
purposes of this paragraph, "material recovery facility" means a
transfer station that is designed to, and, as a condition of its
permit, shall, recover for reuse or recycling at least 15 percent of
the total volume of material received by the facility.
   (5) The facility is identified and described in the countywide
siting element that has been approved pursuant to Section 41721.
   (b) (1) The review and approval of a solid waste facility or
transformation facility that has not been identified or described in
a county solid waste management plan shall be initiated by submittal
by the person or agency proposing the facility of a site
identification and description to the county board of supervisors.
   (2) The county shall submit the site identification and
description to each city within the county within 20 days from the
date that the site identification and description is submitted to the
county board of supervisors. The county and each city shall approve
or disapprove by resolution the site identification and description
within 90 days from the date that the site identification and
description are initially submitted to the county or city. Each city
shall notify the county board of supervisors of its decision within
that 90-day period. If the county or a city fails to approve or
disapprove the site identification and description within 90 days,
the city or county shall be deemed to have approved the site
identification and description as submitted.
   (3) If a city or county disapproves the site identification and
description, the city or county shall mail notice of its decision by
first-class mail to the person or agency requesting the approval
within 10 days of the disapproval by the city or county, stating its
reasons for the disapproval.
   (4) No county or city shall disapprove a proposed site
identification and description for a new solid waste facility or
transformation facility or an expanded solid waste facility or
transformation facility that will result in a significant increase in
the amount of solid waste handled at the facility unless it
determines, based upon substantial evidence in the record, that there
will be one or more significant adverse impacts within its
boundaries from the proposed project.
   (5) Within 45 days from the date of a decision by a city or county
to disapprove a site identification and description, or a decision
by the board not to concur in the issuance of a permit pursuant to
Section 44009, any person may file with the superior court a writ of
mandate for review of the decision. The evidence before the court
shall consist of the record before the city or county that
disapproved the site identification and description or the record
before the board in its determination not to concur in issuance of
the permit. Section 1094.5 of the Code of Civil Procedure shall
govern the proceedings conducted pursuant to this subdivision.
   (c) To initiate the review and comment by the task force required
by paragraph (4) of subdivision (a) and subdivision (d), the person
or agency proposing the facility shall submit the site identification
and description of the facility to the task force. Within 90 days
after the site identification and description are submitted to the
task force, the task force shall meet and comment on the facility in
writing. Those comments shall include, but are not limited to, the
relationship between the proposed new or expanded material recovery
facility and the requirements of Section 41780. The task force shall
transmit those comments to the applicant, to the county, and to all
of the cities in the county.
   (d) On or before February 1, 1991, each county, by vote of the
board of supervisors and the majority of the cities in the county
containing a majority of the population of the incorporated area of
the county, except in those counties that have only two cities, in
which case the vote is subject to approval of the city that contains
a majority of the population of the incorporated area of the county,
shall adopt two resolutions after holding a public hearing. One
resolution shall address solid waste transfer facilities that are
designed to, and, as a condition of their permits, shall, recover for
reuse or recycling less than 15 percent of the total volume of
material received by the facility and that serve more than one
jurisdiction. The second resolution shall address solid waste
transfer facilities that are designed to, and, as a condition of
their permits, shall, recover for reuse or recycling less than 15
percent of the total volume of material received by the facility and
that serve only one jurisdiction. These resolutions shall specify
whether the facilities shall be subject to the review and approval
process described in subdivision (b) or the review and comment
process described in subdivision (c). If the resolutions required by
this subdivision are not adopted on or before February 1, 1991, those
facilities shall be subject to the review process described in
subdivision (c).
   For purposes of this subdivision, a facility serves only one
jurisdiction if it serves only one city, only the unincorporated area
of one county, or only one city and county.