Bill Text: CA AB1705 | 2023-2024 | Regular Session | Amended
Bill Title: Solid waste facilities: state policy goals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1705 Detail]
Download: California-2023-AB1705-Amended.html
|
Amended
IN
Assembly
March 21, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1705
| Introduced by Assembly Member McKinnor |
February 17, 2023 |
An act to amend Section 50001 of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1705, as amended, McKinnor.
Solid waste facilities: health protection zones. state policy goals.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law provides that is the policy goal of the state that at least 75% of solid waste generated annually be source reduced, recycled, or composted, and that statewide landfill disposal of organic waste be reduced from the 2014 level by 50% on or before 2000 and by 75% on or before 2025. Existing law prohibits a person from establishing or expanding a solid waste facility in a county after a countywide or regional agency integrated waste management plan has been approved unless the solid waste facility is, among other things, a disposal facility, a transformation facility, or an EMSW conversion
facility that meets specific criteria. Existing law defines an “EMSW conversion facility” as a facility where municipal solid waste conversion that meets specific requirements takes place and defines “transformation” as incineration, pyrolysis, distillation, or biological conversion, excluding composting, gasification, EMSW conversion, or biomass conversion. Existing law authorizes the department, by regulation, to specify classifications of solid waste facilities that are exempt from these and other facility regulations if the department makes specific findings, including that the nature of the solid wastes poses no significant threat to the public health, the public safety, or the environment.
Existing law defines a “health protection zone” as the area within 3,200 feet of a residence, an education resource, a community resource center, a health care facility, live-in housing, or any business building open to the public.
This bill would prohibit a person from establishing or expanding a transformation facility or an EMSW conversion facility within an above-defined health protection zone. in the state until the Department of Resources Recycling and Recovery has determined that the state has achieved the above-described solid waste and organic waste policy goals of the state for 3 consecutive years.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 50001 of the Public Resources Code is amended to read:50001.
(a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria:(1) The solid waste facility is a disposal facility, a transformation facility, or an EMSW conversion facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721.
(2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element.
(b) Solid waste facilities other than those specified in paragraphs (1) and (2) of subdivision (a) shall not be required to comply with the requirements of this section.
(c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identification and description of the proposed facility to the task force established pursuant to Section 40950. Within 90 days after the
site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility.
(d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element.
(e) Notwithstanding any
other law, a person shall not establish or expand a transformation facility or an EMSW conversion facility within a health protection zone as defined in subdivision (b) of Section 3280. in the state until the Department of Resources Recycling and Recovery has determined that the state has achieved the state policy goals established in subdivision (a) of Section 41780.01 and in subdivision (a) of Section 39730.6 of the Health and Safety Code, for three consecutive years.
