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SB-1045 Composting facilities: zoning.(2023-2024)

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Date Published: 04/29/2024 02:00 PM
SB1045:v96#DOCUMENT

Amended  IN  Senate  April 29, 2024
Amended  IN  Senate  April 10, 2024
Amended  IN  Senate  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1045


Introduced by Senator Blakespear

February 07, 2024


An act to add Sections 65040.19 and 65302.16 to the Government Code, to add Section 42301.19 to the Health and Safety Code, and to add Section 13274.5 to the Water Code, relating to composting.


LEGISLATIVE COUNSEL'S DIGEST


SB 1045, as amended, Blakespear. Composting facilities: zoning: air and water permits. zoning.
Existing law provides that the Office of Planning and Research serves the Governor and the Governor’s Cabinet as staff for long-range planning and research, and constitute the comprehensive state planning agency. In that capacity, existing law requires the office to, among other things, assist local governments in land use planning. Existing law, the California Integrated Waste Management Act of 1989, establishes the Department of Resources Recycling and Recovery to administer an integrated waste management program. Existing law establishes a goal that statewide landfill disposal of organic waste be reduced from the 2014 level by 75% by 2025.
This bill, on or before June 1, 2026, would require the Office of Planning and Research, in consultation with the Department of Resources Recycling and Recovery, to develop and post on the office’s internet website, a technical advisory, as provided, reflecting best practices to facilitate the siting of composting facilities to meet the organic waste reduction goals. The bill would require the office to consult with specified entities throughout the development of the technical advisory.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, solid and liquid waste disposal facilities, and other categories of public and private uses of land, as prescribed.
This bill, upon a substantive revision of the land use element, as specified, on or after January 1, 2028, would require a city, county, or city and county to consider, among other things, the best practices reflected in the technical advisory and to consider updating the land use element to identify areas where composting facilities may be appropriate as an allowable use. By increasing duties on a city, county, or city and county, the bill would impose a state-mandated local program.

Existing law vests air pollution control districts and air quality management districts with the primary responsibility for control of air pollution from all sources other than vehicular sources, including from composting facilities. Existing law authorizes every district board to establish, by regulation, a permit system that requires, except as otherwise provided, before any person builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance that may cause the issuance of air contaminants, the person to obtain a permit to do so from the air pollution control officer of the district.

Existing law, the Porter-Cologne Water Quality Control Act, designates the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Under existing law, the state board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal National Pollutant Discharge Elimination System permit program established by the federal Clean Water Act and the act.

This bill would require, no later than 30 calendar days after a district or a regional board, as applicable, has received a permit application for a new or revised permit for a compost facility, the district or regional board to determine in writing whether the permit application is complete and correct and to immediately transmit the determination to the applicant for the permit. The bill would further require, no later than 60 calendar days after acceptance of a permit application for a new or revised permit for a compost facility as complete and correct, the district or regional board to conduct a review of the permit and accept or deny the permit. The bill would authorize the district or the regional board to charge each applicant a fee in an amount not to exceed the reasonable amount necessary to provide the services required by the bill. The bill would require the fee to be collected as part of the application fee charged for the permit. By imposing a higher level of service on air pollution control districts and air quality management districts, the bill would impose a state-mandated local program.

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   Local Program: YES  

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


SECTION 1.

 Section 65040.19 is added to the Government Code, to read:

65040.19.
 (a) On or before June 1, 2026, the office shall develop, in consultation with the Department of Resources Recycling and Recovery, and post on the office’s internet website, a technical advisory, reflecting best practices to facilitate the siting of composting facilities to meet the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code.
(b) The technical advisory developed pursuant to subdivision (a) shall include both of the following, which shall be suitable for adoption or modification by a city, county, or city and county:
(1) Sample general plan goals, policies, and implementation measures.
(2) A model ordinance.
(c) The office shall consult with representatives of urban, suburban, and rural counties and cities, operators of composting facilities, and private and public waste services throughout the development of the technical advisory.

SEC. 2.

 Section 65302.16 is added to the Government Code, to read:

65302.16.
 (a) Upon a substantive revision of the land use element on or after January 1, 2028, a city, county, or city and county shall consider both of the following:
(1) The best practices reflected in the technical advisory.
(2) Updating the land use element to identify areas where composting facilities may be appropriate as an allowable use, which may vary based on different types or sizes of composting facilities.
(b) Subdivision (a) shall only apply to revisions of a land use element that occur after the Office of Planning and Research publicly posts the technical advisory required by Section 65040.19.

SEC. 3.Section 42301.19 is added to the Health and Safety Code, to read:
42301.19.

(a)No later than 30 calendar days after a district has received a permit application for a new or revised permit for a compost facility, the district shall determine in writing whether the permit application is complete and correct and shall immediately transmit the determination to the applicant for the permit.

(b)No later than 60 calendar days after acceptance of a permit application for a new or revised permit for a compost facility as complete and correct, the district shall conduct a review of the permit and accept or deny the permit.

(c)This section does not preclude an applicant and a district from mutually agreeing to an extension of any time limit provided by this section.

(d)A district may charge each applicant a fee in an amount not to exceed the reasonable amount necessary to provide the services required by this section. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the permit.

SEC. 4.Section 13274.5 is added to the Water Code, to read:
13274.5.

(a)No later than 30 calendar days after a regional board has received a permit application for a new or revised permit for a compost facility, the regional board shall determine in writing whether the permit application is complete and correct and shall immediately transmit the determination to the applicant for the permit.

(b)No later than 60 calendar days after acceptance of a permit application for a new or revised permit for a compost facility as complete and correct, the regional board shall conduct a review of the permit and accept or deny the permit.

(c)This section does not preclude an applicant and a regional board from mutually agreeing to an extension of any time limit provided by this section.

(d)A regional board may charge each applicant a fee in an amount not to exceed the reasonable amount necessary to provide the services required by this section. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the permit.

SEC. 5.SEC. 3.

 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.