BILL NUMBER: AB 845	CHAPTERED
	BILL TEXT

	CHAPTER  526
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2012
	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN SENATE  AUGUST 14, 2012
	AMENDED IN ASSEMBLY  MAY 10, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 17, 2011

   An act to amend Section 40002 of, and to add Section 40059.3 to,
the Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 845, Ma. Solid waste: place of origin.
   The California Integrated Waste Management Act of 1989 allows each
county, city, or district to determine aspects of solid waste
handling that are of local concern and the means by which the
services are to be provided.
   This bill would prohibit an ordinance enacted by a city or county,
including an ordinance enacted by initiative by the voters of a city
or county, from otherwise restricting or limiting the importation of
solid waste into a privately owned solid waste facility in that city
or county based on place of origin. The bill would provide that this
prohibition does not require a privately owned or operated solid
waste facility to accept certain waste, does not allow a privately
owned solid waste facility to abrogate certain agreements, does not
prohibit a city, county, or regional agency from requiring a
privately owned solid waste facility to guarantee permitted capacity
to a host jurisdiction, and does not otherwise supersede or affect
the land use authority of a city or county.


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

  SECTION 1.  Section 40002 of the Public Resources Code is amended
to read:
   40002.  (a) As an essential part of the state's comprehensive
program for solid waste management, and for the preservation of
health and safety, and the well-being of the public, the Legislature
declares that it is in the public interest for the state, as
sovereign, to authorize and require local agencies, as subdivisions
of the state, to make adequate provision for solid waste handling,
both within their respective jurisdictions and in response to
regional needs consistent with the policies, standards, and
requirements of this division and all regulations adopted pursuant to
this division. This division, which authorizes and requires local
agencies to provide adequate solid waste handling and services, and
the actions of local agencies taken pursuant to this division, are
intended to implement this state policy.
   (b) The Legislature further declares that restrictions on the
disposal of solid waste that discriminate on the basis of the place
of origin of the waste are an obstacle to, and conflict with,
statewide and regional policies to ensure adequate and appropriate
capacity for solid waste disposal.
  SEC. 2.  Section 40059.3 is added to the Public Resources Code, to
read:
   40059.3.  (a) An ordinance adopted by a city or county or an
ordinance enacted by initiative by the voters of a city or county
shall not restrict or limit the importation of solid waste into a
privately owned facility in that city or county based on the place of
origin.
   (b) This section does not do any of the following:
   (1) Require a privately owned solid waste facility or privately
operated solid waste facility to accept solid waste from outside the
city or county where the facility is located.
   (2) Allow a privately owned solid waste facility to abrogate a
written agreement guaranteeing permitted capacity to a host
jurisdiction, including a regional agency.
   (3) Prohibit a city, county, or regional agency from requiring a
privately owned solid waste facility to guarantee permitted capacity
to a host jurisdiction, including a regional agency.
   (4) Supersede or otherwise affect the land use authority of a city
or county, including, but not limited to, planning, zoning, and
permitting, or an ordinance lawfully adopted pursuant to that land
use authority.