BILL NUMBER: AB 864	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  APRIL 15, 2015

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 26, 2015

   An act to add and repeal Section 44002.1 of the Public Resources
Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 864, as amended, Williams. Solid waste facilities: temporary
permits.
   (1) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, prohibits a person from operating a solid waste facility
without a solid waste facilities permit if that facility is required
to have a permit pursuant to the act. The enforcement agency is
required to immediately issue a cease and desist order ordering a
solid waste facility that is operating without a permit to
immediately cease operations and to direct the owner or operator of
the facility to obtain a permit.
   This bill would require, until January 1, 2025, the department to
adopt regulations to authorize an enforcement agency, upon the
department's approval, to issue a temporary solid waste facilities
permit to a person carrying out solid waste operations at a facility
that is required under the act to have a solid waste facilities
permit, but for which a permit has not been obtained. The bill would
require the regulations to direct any person desiring to obtain a
temporary solid waste facilities permit to submit an application to
the enforcement agency no later than 60 days from the date it is
determined by the enforcement agency that a permit is required. The
bill would require the owner or operator of a facility covered under
a temporary permit to agree to inspections, at least monthly, by the
enforcement agency.
   The bill would require a local enforcement agency to notify the
operators of all facilities within its jurisdiction of the
availability of temporary solid waste facilities permits, thereby
imposing a state-mandated local program by imposing new duties upon
local enforcement agencies. The bill would also require the
department to review and act on a proposed temporary solid waste
facilities permit submitted by an enforcement agency within 30 days
of that submission. 
   (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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   (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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 44002.1 is added to the Public Resources Code,
to read:
   44002.1.  (a) The Legislature finds and declares all of the
following:
   (1) The swift advance of new trends in solid waste handling and
collection practices, such as single-stream collection of recyclable
materials, including, but not limited to, carpet, mattresses, and
other materials, has resulted in the regulations adopted by the
department that govern solid waste facilities not keeping pace with
those trends, leading to the failure to comply with existing law by a
substantial number of persons carrying out solid waste handling
activities.
   (2) As cities and counties make greater efforts to increase the
diversion of solid waste from landfills, the department anticipates
that many new recycling and solid waste handling activities will
commence in California in the next decades.
   (3) To address these trends, it is necessary to provide a
temporary permitting scheme to enable the operators of existing solid
waste facilities to obtain temporary permits more quickly than is
possible under existing law, in order to protect the public health
and safety, and the environment.
   (b) The department shall adopt regulations pursuant to subdivision
(d) to authorize an enforcement agency, upon the department's
approval, to issue a temporary solid waste facilities permit to a
person operating a solid waste facility that is required under this
division and the regulations adopted by the department pursuant to
this division to obtain a solid waste facilities permit, but for
which a permit has not been obtained. The regulations adopted by the
department shall specify all of the following:
   (1) A requirement that a person desiring to obtain a temporary
solid waste facilities permit submit a complete and correct
application for the permit to the enforcement agency having
jurisdiction no later than 60 days from the date the enforcement
agency determines a solid waste facility permit is required.
   (2) The period of time during which a temporary solid waste
facility permit shall remain effective.
   (3) The types and operational status of solid waste facilities
that are eligible to obtain a temporary solid waste facilities
permit.
   (4) A requirement that the owner or operator of a facility covered
under a temporary solid waste facilities permit agree to allow the
facility to be inspected, at least monthly, by the enforcement
agency.
   (c) (1) An enforcement agency shall notify the operators of all
solid waste facilities within its jurisdiction of the availability of
temporary solid waste facilities permits under the regulations
adopted pursuant to this section.
   (2) The department shall review and act on a proposed temporary
solid waste facilities permit submitted to it by an enforcement
agency for approval within 30 days of that submission. Upon the
request of an enforcement agency, the department shall provide
assistance to the enforcement agency to expeditiously process
applications for temporary solid waste facilities permits.
   (d) The regulations adopted by the department pursuant to this
section may be adopted as emergency regulations and shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. The department shall file the emergency regulations
with the Office of Administrative Law at the earliest feasible date.
   (e) This section shall remain in effect only until January 1,
2025, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2025, deletes or extends
that date. 
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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.