Bill Text: CA AB34 | 2011-2012 | Regular Session | Amended

California Assembly Bill 34 (Prior Session Legislation)

Bill Title: Solid waste compost facilities: odor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB34 Detail]

Download: California-2011-AB34-Amended.html
BILL NUMBER: AB 34	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member Williams

                        DECEMBER 6, 2010

   An act to add Article 1.3 (commencing with Section 43223) to
Chapter 2 of Part 4 of Division 30 of the Public Resources Code,
relating to solid waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 34, as amended, Williams. Solid waste compost facilities: odor.

   (1) Existing law, the California Integrated Waste Management Act
of 1989, requires the Department of Resources Recycling and Recovery
to adopt regulations governing the operation of organic composting
sites, including odor management and threshold levels. The act
prohibits the operation of a solid waste facility, as defined,
without a solid waste facilities permit issued by the enforcement
agency having jurisdiction over the facility.
   This bill would define terms and require the department to
 develop   adopt  , by July 1, 2012,
 a guidance document to assist   regulations
with which  enforcement agencies  in the adoption of
  would be required to comply when adopting 
site-specific objective odor performance thresholds for compost
facilities. The bill would authorize a compost facility operator to
apply to an enforcement agency to adopt performance thresholds
 , pursuant to a specified procedure, including the payment
of   and to pay  an application fee  , and
would require the enforcement agency to take specified actions with
regard to that application, thereby imposing a state-mandated local
program   in accordance with a fee schedule adopted by
the enforcement agency, thereby imposing a state-mandated local
program  .
   The bill would prohibit an enforcement agency from verifying
 that an odor   a  complaint  that
 originates from a compost facility  for which the
enforcement agency has adopted performance standards, 
unless the odor violates certain performance  threshold
standards   thresholds  . The bill would also
require a compost facility operator who submits an application to an
enforcement agency to adopt performance  standards 
 thresholds  to also submit to the department an annual odor
regulation fee according to a fee schedule that the department would
be required to establish. The bill would require the fees to be
deposited in the Integrated Waste Management Account, for expenditure
by the department, upon appropriation by the Legislature.
   (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.  Article 1.3 (commencing with Section 43223) is added to
Chapter 2 of Part 4 of Division 30 of the Public Resources Code, to
read:

      Article 1.3.  Compost Facility Odor Performance Thresholds


   43223.  The Legislature finds and declares all of the following:
   (a) The people of the state have a primary interest in diverting
compostable materials from the solid waste stream  and into
compost facilities  that would otherwise be destined for
landfills  and into compost facilities  .
   (b) Pursuit of this primary interest is  being impeded by
the existence and   impeded by  inconsistent
enforcement of subjective and inconsistent odor standards set by, or
enforced under,  local, regional   local
authority, regional authority  , or state legal authority,
including, but not limited to, ordinances, statutes, regulations,
rules, guidance documents, permits, orders, or common law, that
relates to nuisance, air quality, solid waste, or composting.
   (c) The health, safety, and welfare of the people of the state
will be promoted by making available to compost facility operators, a
process for obtaining performance thresholds for odor control at
those compost facilities. 
   (d) The department should issue a guidance document to assist
enforcement agencies in setting performance thresholds. 

   (d) The department should adopt regulations to direct enforcement
agencies with regard to setting performance thresholds. 
   43224.  For purposes of this article, the following definitions
shall apply:
   (a) "Compost facility" means a compostable materials handling
operation or facility that is required to have a solid waste
facilities permit pursuant to this division.
   (b) "Fenceline performance threshold" means a numerical
dilution-to-threshold ratio, measured at the fenceline of the compost
facility, which corresponds to the odor performance threshold.
   (c) "Performance threshold  exceedance standard" 
 exceedance"  means an odor measurement that exceeds a
performance threshold.
   (d) "Receptor performance threshold" means a numerical
dilution-to-threshold ratio, measured at the  residence
  location  of a person making an odor complaint
regarding a compost facility, which corresponds to the odor
performance threshold.
   (e) "Site-specific objective odor performance threshold" or
"performance threshold" means a site-specific objective odor
performance threshold for a compost facility.
   43225.  On or before July 1, 2012, the department shall 
develop   adopt  , in consultation with
stakeholders,  a guidance document to assist enforcement
agencies in the adoption of   regulations with which an
enforcement agency would be required to comply when adopting 
fenceline performance thresholds, receptor performance thresholds,
and performance threshold exceedance standards for compost
facilities. The  guidance document shall provide for
  regulations shall require  all of the following:
   (a) Each performance threshold shall be a numerical
dilution-to-threshold ratio measured with a field olfactometer or
similar device.
   (b) The fenceline performance threshold shall be the numerical
dilution-to-threshold ratio, measured at the fenceline of the compost
facility, which corresponds to the odor performance threshold.
   (c) The receptor performance threshold shall be the numerical
dilution-to-threshold ratio measured at the  residence
  location  of a person making an odor complaint
regarding the compost facility, which corresponds to the odor
performance threshold. 
   (d) The guidance document shall require enforcement agencies, when

    (d)     When  developing standards to
be used in determining a performance threshold exceedance, 
to   an enforcement agency shall  ensure that odor
measurements are verifiable and repeatable and that the odor at
 a residence is the same odor as the odor originating at the
compost facility. 
    (e)     The guidance
document shall set standards limiting the   the
complaint location originated from the compost facility. 
    (e)     The enforcement agency shall
include, in the standards, a limit on the  maximum number of
performance threshold exceedance standards that can occur in a
24-hour period.
   43226.  (a) A compost facility operator may apply to an
enforcement agency to adopt fenceline performance thresholds,
receptor performance thresholds, and performance threshold exceedance
standards for that compost facility.  The compost facility
operator shall make this application pursuant to paragraph (2) of
subdivision (a) of Section 21620 of Title 27 of the California Code
of Regulations, and for purposes of the procedures set forth in that
regulation, the application shall be considered an amendment to a
report of facility information. 
   (b) The compost facility operator's application for performance
thresholds shall include proposed performance thresholds for the
facility and an explanation of why those performance thresholds would
be appropriate in light of the relevant circumstances.
   (c) (1) Except as provided in paragraph (2), the application shall
be accompanied by a filing fee according to a fee schedule
established by the enforcement agency to reflect the costs of
processing the application.
   (2) If the enforcement agency has not established a fee for a
performance thresholds application as of the date that an application
is filed, the operator is not required to submit a fee to the
enforcement agency. 
   (d) Within 60 days after the date of receipt of a performance
thresholds application, the enforcement agency shall provide the
facility operator with draft performance thresholds for the facility.
If the draft performance thresholds are different from the
performance thresholds proposed in the application, the enforcement
agency shall include an explanation of the differences. 

   (e) Within 30 days after the date of receipt of the enforcement
agency's draft performance thresholds and accompanying explanation,
the compost facility operator may submit a response to the
enforcement agency.  
   (f) Within 120 days of receipt of a performance threshold
application, the enforcement agency shall provide the facility
operator and department with final performance thresholds for the
facility and an explanation of why the performance thresholds are
appropriate in light of the relevant circumstances. The explanation
shall include all elements required in connection with the draft
performance threshold.  
   (g) The department may reject the final performance thresholds
within 30 days of completion. If the department rejects the final
performance thresholds pursuant to subdivision (f), the department
shall explain the reasons for rejection and offer suggestions for
remedying the department's concerns.  
   (h)  The final performance thresholds shall be deemed accepted by
the department if no action is taken by the department within 30 days
of receipt of the final performance thresholds.  
   (i) Within 30 days after the enforcement agency provides the
facility operator and the department with final performance standards
pursuant to subdivision (f) and the department fails to take action
pursuant to subdivision (h), or within 30 days after the department
rejects the final performance thresholds pursuant to subdivision (g),
the compost facility operator may appeal the final performance
thresholds to the department, which shall conduct a de novo review of
the performance thresholds.  
   (2) The evidence before the department shall consist of the record
before the enforcement agency and any other relevant evidence that,
in the judgment of the department, should be considered to effectuate
and implement the policies of this division.  
   (3) The department shall make a finding that the enforcement
agency's final performance thresholds were one of the following:
 
   (A) Appropriate and proper.  
   (B) Inappropriate.  
   (C) Improper.  
   (4) Upon finding that the enforcement agency's final performance
threshold were inappropriate or improper, the department shall issue
final performance thresholds that are appropriate and proper,
together with an explanation including all elements required in
connection with the enforcement agency's draft performance threshold.
 
   (5) Within 30 days after receipt of department's decision pursuant
to paragraph (32), the compost facility operator may file with the
superior court a petition for writ of mandate for review of the
decision under Section 1094.5 of the Code of Civil Procedure, and the
court shall exercise its independent judgment on the evidence
pursuant to subdivision (c) of Section 1094.5 of the Code of Civil
Procedure. 
   43227.  An enforcement agency shall not verify  an odor
complaint originating from a compost facility, for which the
enforcement agency has adopted performance thresholds pursuant to
Section 43226, unless the odor violates performance threshold
exceedance standards.   a complaint regarding an odor
originating from a compost facility unless the odor exceeds a
performance threshold established pursuant to this article for that
facility. 
   43228.  A compost facility operator who elects to submit an
application to an enforcement agency to adopt performance 
standards pursuant to this article shall also submit to department
  thresholds pursuant to this article shall also submit
to the department  an annual odor regulation fee according to a
fee schedule established by  the  department. The department
shall set the fee schedule pursuant to this section based on the
reasonable regulatory costs to the department incident to
implementing this section and shall deposit the fees in the
Integrated Waste Management Account, for expenditure by the
department, upon appropriation by the Legislature to implement this
 section   article  .
  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.