BILL NUMBER: AB 864	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2015

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 26, 2015

   An act to add  and repeal  Section 44002.1  to
  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   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  expeditiously  review and act on a
proposed temporary solid waste facilities  permit. 
 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.
   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  will be   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  diligently 
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  expeditiously  review
and act on a proposed temporary solid waste facilities permit
submitted to it by an enforcement agency for  approval.
  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.