Today's Law As Amended

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AB-1975 Nuisance: odors.(2017-2018)



SECTION 1.

 Section 43209.5 is added to the Public Resources Code, to read:

43209.5.
 (a) (1) No later than July 1, 2019, the department shall establish the South Bay Interagency Odor Taskforce to identify sources of odor emissions and nuisance complaints based on odor emissions received by the Bay Area Air Quality Management District and the City of Milpitas, City of Fremont, City of Santa Clara, and City of San Jose.
(2) The taskforce established pursuant to this subdivision shall be comprised of the following:
(A) One representative from the Bay Area Air Quality Management District.
(B) One representative from the City of Milpitas.
(C) One representative from the City of Fremont.
(D) One representative from the City of Santa Clara.
(E) One representative from the City of San Jose.
(F) One representative from each facility identified by the department, in consultation with the Bay Area Air Quality Management District, as a potential source of odor emissions.
(G) One representative from the enforcement agency.
(b) No later than July 1, 2020, and notwithstanding Section 41705 of the Health and Safety Code, the South Bay Interagency Taskforce shall do all of the following:
(1) Identify sources of odor emissions in the region represented by the taskforce representatives.
(2) Provide updates on inspections and enforcement actions conducted by each enforcement agency represented on the taskforce.
(3) Identify best management practices that may be implemented to reduce odor emissions.
(4) Make publicly available on the department’s Internet Web site taskforce meeting agendas, minutes, recommendations, and findings.
(5) Provide opportunities for public participation.
(c) An agency represented on the taskforce, with jurisdiction and authority over an area in the region, shall develop and implement procedures to receive and investigate odor complaints in its jurisdiction.
(d) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.
SEC. 2.
 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique odors that emanate from various locations in the County of Santa Clara.
SEC. 3.
 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.