Bill Text: CA AB1581 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Environmental Quality Act: retail facilities:

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2010-08-31 - To inactive file on motion of Senator Romero. [AB1581 Detail]

Download: California-2009-AB1581-Amended.html

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BILL NUMBER: AB 1581	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN ASSEMBLY  APRIL 23, 2009

INTRODUCED BY    Committee on Natural Resources 
 (   Skinner (Chair), Brownley, Chesbro, De
Leon, Hill, and Huffman   )   Assembly
Member   Torres 

                        MARCH 27, 2009

    An act to amend Sections 42000, 42011, and 42021 of the
Public Resources Code, relating to solid waste.   An act
to amend Section 21083.9 of the Public Resources Code, relating to
the environment. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1581, as amended,  Committee on Natural Resources
  Torres  .  Solid waste: recycling market
development.   Environment: California Environmental
Quality Act: notice: scoping meeting.  
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.  
   CEQA requires the lead agency to call at least one scoping meeting
for a project of statewide, regional, or areawide significance. CEQA
requires the lead agency to provide to specified entities, including
a city or county that borders the city or county within which the
project is located, a responsible agency, a public agency with
jurisdiction by law with respect to the project, and a transportation
planning agency or public agency required to be consulted, a notice
of at least one scoping meeting.  
   This bill would additionally require the lead agency to provide a
notice to other entities that have filed a written request for the
notice. By requiring a lead agency to provide a notice to these
entities, this bill would increase the service provided by a local
agency, thereby creating a state-mandated local program.  
   (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.  
   The California Integrated Waste Management Act of 1989, which is
administered by the California Integrated Waste Management Board,
establishes an integrated waste management program. The act
authorizes a local governing body, as defined, to propose eligible
parcels of property within its jurisdiction as a recycling market
development zone, as defined, and to apply to the board for
designation as a recycling market development zone. The board is
authorized to designate or redesignate recycling market development
zones for persons applying for that designation. The act requires a
parcel of property designated as a recycling market development zone
to retain that designation for 10 years.  
   This bill, instead, would require a recycling market development
zone to retain that designation for 10 years or until the local
governing body repeals the designation, whichever is sooner. The bill
also would contain a legislative finding and declaration that cities
and counties are encouraged to propose recycling market development
zones to stimulate economic development and to create green jobs.

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


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

   SECTION 1.    Section 21083.9 of the  
Public Resources Code   is amended to read: 
   21083.9.  (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one scoping meeting for either of the
following:
   (1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency shall
call the scoping meeting as soon as possible, but not later than 30
days after receiving the request from the Department of
Transportation.
   (2) A project of statewide, regional, or areawide significance.
   (b) The lead agency shall provide notice of at least one scoping
meeting held pursuant to paragraph (2) of subdivision (a) to all of
the following:
   (1) A county or city that borders on a county or city within which
the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
   (2) A responsible agency.
   (3) A public agency that has jurisdiction by law with respect to
the project.
   (4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
   (5) An organization or individual  who   that
 has filed a written request for the notice. 
   (6) An entity not required to receive notice pursuant to
paragraphs (1) to (4), inclusive, that has filed a written request
for the notice. 
   (c) For an entity, organization, or individual that is required to
be provided notice of a lead agency public meeting, the requirement
for notice of a scoping meeting pursuant to subdivision (b) may be
met by including the notice of a scoping meeting in the public
meeting notice.
   (d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) and the regulations adopted
pursuant to that act shall be deemed to satisfy the requirement that
a scoping meeting be held for a project subject to paragraph (2) of
subdivision (a) if the lead agency meets the notice requirements of
subdivision (b) or subdivision (c).
   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.  
  SECTION 1.    Section 42000 of the Public
Resources Code is amended to read:
   42000.  The Legislature finds and declares all of the following:
   (a) This division requires cities and counties to divert 25
percent of all solid waste from landfills and transformation
facilities by 1995 and 50 percent by 2000. As of 1990, the overall
diversion rate in the state was 12 percent.
   (b) California's source reduction, recycling, and composting
efforts need to increase greatly if local jurisdictions are to meet
the 25-percent and the 50-percent diversion requirements.
   (c) Market development is the key to increased, cost-effective
recycling. Market development includes activities that strengthen
demand by manufacturers and end-use consumers for recyclable
materials collected by municipalities, nonprofit organizations, and
private entities.
   (d) Developing markets for recyclable materials creates
opportunities that will reindustrialize California. The board
estimates that the development of markets for recyclable materials
may create over 20,000 jobs in California's manufacturing sector, an
additional 25,000 jobs in the sorting and processing fields, and an
unestimated number of jobs in other fields that may develop through
full implementation of this division.
   (e) The board is authorized to conduct individual market
development activities, but is not presently required to implement a
comprehensive plan that addresses the full range of market
development needs.
   (f) Cities and counties are encouraged to propose recycling market
development zones to stimulate economic development and to create
green jobs.  
  SEC. 2.    Section 42011 of the Public Resources
Code is amended to read:
   42011.  A parcel of property designated as a recycling market
development zone shall retain this designation for 10 years or until
the local governing body repeals the designation, whichever is
sooner.  
  SEC. 3.    Section 42021 of the Public Resources
Code is amended to read:
   42021.  This chapter does not prohibit an applicant from seeking
designation of an enterprise zone and receiving economic incentives
as defined in Section 7073 of the Government Code or from receiving
any other available economic incentives, including pursuant to the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5).