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

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Date Published: 05/01/2018 09:00 PM
AB1975:v96#DOCUMENT

Amended  IN  Assembly  May 01, 2018
Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1975


Introduced by Assembly Member Chu

January 31, 2018


An act to add and repeal Section 43209.5 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1975, as amended, Chu. Nuisance: odors.
(1) Existing law prohibits, with specified exceptions, the discharge of any air contaminant or other material that causes injury, detriment, nuisance, or annoyance to or that endangers the public. Existing law exempts from that prohibition, among other things, all odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals; odors emanating directly from a facility or operation that produces, manufactures, or handles compost, as defined; and odors emanating from operations that compost green material or animal waste products derived from agricultural operations, as specified.
Existing law also requires an air pollution control or air quality management district that receives a complaint regarding an odor emanating from an exempt composting operation to refer the complaint to an enforcement agency with jurisdiction pursuant to the California Integrated Waste Management Act of 1989, and requires that agency to take appropriate enforcement action.
This bill would require the Department of Resources Recycling and Recovery, no later than July 1, 2019, to establish the South Bay Interagency Odor Taskforce, with a specified membership, 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, the City of Fremont, the City of Santa Clara, and the City of San Jose. The bill would require the taskforce, no later than January 1, 2020, to take specified actions, including, among others, developing and implementing a protocol for joint inspections of odor complaints by the air district and the enforcement agency represented on the taskforce. identifying sources of odor emissions in the region represented by the taskforce representatives, and providing updates on inspections and enforcement actions conducted by each enforcement agency represented on the taskforce. This bill would also require each agency represented on the taskforce to develop and implement procedures to receive and investigate odor complaints in its jurisdiction. By adding to the duties of local agencies, this bill would impose a state-mandated local program.
This bill would make these provisions inoperative on July 1, 2022, and repeal them on January 1, 2023.
(2) This bill would make legislative findings and declarations as to the necessity of a special statute for certain cities in the County of Santa Clara.
(3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


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)To the extent feasible, develop and implement a protocol to coordinate joint inspections of odor complaints by the Bay Area Air Quality Management District and the enforcement agency represented on the taskforce.

(3)Provide updates on inspections and enforcement conducted by the Bay Area Air Quality Management District and the enforcement agency represented on the taskforce.

(2) Provide updates on inspections and enforcement actions conducted by each enforcement agency represented on the taskforce.

(4)

(3) Identify best management practices that may be implemented to reduce odor emissions.

(5)

(4) Make publicly available on the department’s Internet Web site taskforce meeting agendas, minutes, recommendations, and findings.

(6)

(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.

(c)

(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.