Bill Text: CA AB2257 | 2011-2012 | Regular Session | Amended

California Assembly Bill 2257 (Prior Session Legislation)

Bill Title: Nuisance: landfill activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-08 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2257 Detail]

Download: California-2011-AB2257-Amended.html

BILL NUMBER: AB 2257	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2012
	AMENDED IN ASSEMBLY  MARCH 15, 2012

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 24, 2012

   An act to add  Sections 1102.18 and   Section
 3482.7 to the Civil Code, relating to nuisance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2257, as amended, Achadjian. Nuisance: landfill activities.

   (1) Existing 
    Existing  law defines a nuisance, in part, as anything
that is injurious to health, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property.
Existing law authorizes various remedies for nuisances, including
remedies to effect abatement and damages. Existing law provides,
among other things, that no agricultural activity, operation, or
facility, or appurtenances thereof, as defined, in operation for more
than 3 years, and conducted or maintained for commercial purposes in
a manner consistent with proper and accepted customs and standards,
shall become a nuisance due to any changed condition in the locality
if it was not a nuisance at the time it began, except as specified.
   This bill would provide that no  landfill  
waste management  activity, operation, or facility, or
appurtenances thereof, as defined, in operation for more than 3
years, and conducted or maintained for commercial purposes in a
manner consistent with proper and accepted customs and standards,
shall become a nuisance due to any changed condition in the locality
if it was not a nuisance at the time it began, except as specified.
 Under the bill, in an act   ion or proceeding to abate
the use of waste management activities, proof that the waste
management activities have been in existence for 3 years will
constitute a rebuttable presumption that the activities do not
constitute a nuisance.  
   (2) Existing law requires certain disclosures to be provided to
the purchaser of specified residential real property consisting of
not less than one or more than 4 dwelling units upon transfer of that
property. Among other things, the seller of residential real
property who has actual knowledge that the property is adjacent to,
or zoned to allow, an industrial use, or affected by a nuisance
created by that use, is required to give written notice of that
knowledge as soon as practicable before transfer of title. 

   This bill would require the seller of any residential dwelling
consisting of not less than one or more than 4 dwelling units that is
in close proximity to a landfill activity, operation, or facility,
or appurtenances thereof, to give written notice to the purchaser of
that real property before transfer of title that the property is
subject to the provisions described in (1) above. The bill would
require the purchaser to sign the required disclosure. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 1102.18 is added to the
Civil Code, to read:
   1102.18.  The seller of any residential dwelling that is in close
proximity to a landfill activity, operation, or facility, or
appurtenances thereof, shall give written notice to the purchaser of
that real property before transfer of title that the property is
subject to Section 3482.7. The purchaser shall sign the disclosure
required pursuant to this section. 
   SEC. 2.   SECTION 1.   Section 3482.7 is
added to the Civil Code, to read:
   3482.7.  (a) No  landfill   waste management
 activity, operation, or facility, or appurtenances thereof,
conducted or maintained for commercial purposes,  operating in an
established zone or district where those activities are permitted,
 and in a manner consistent with proper and accepted customs and
standards, as established and followed by similar  landfill
  waste   management  operations in the
same locality, shall become a nuisance, public or private, due to any
changed condition in or about the locality, after it has been in
operation for more than three years, if it was not a nuisance at the
time it began.  In an action or proceeding to abate the use of
waste management activities, proof that the activities have been in
existence for three years constitutes a rebuttable presumption that
the operation of the activities does not constitute a nuisance.
   (b) Subdivision (a) shall not apply if the  landfill
  wa   ste management  activity,
operation, or facility, or appurtenances thereof, obstructs the free
passage or use, in the customary manner, of any navigable lake,
river, bay, stream, canal, or basin, or any public park, square,
street, or highway.
   (c) Subdivision (a) shall not invalidate any provision contained
in the Health and Safety Code, Fish and Game Code, Food and
Agricultural Code, or Division 7 (commencing with Section 13000) of
the Water Code, if the  landfill   waste
management  activity, operation, or facility, or appurtenances
thereof, constitutes a nuisance, public or private, as specifically
defined or described in any of those provisions.
   (d) This section shall prevail over any contrary provision of an
ordinance or regulation of a city, county, city and county, or other
political subdivision of the state. However, nothing in this section
shall preclude a city, county, city and county, or other political
subdivision of this state, acting within its constitutional or
statutory authority and not in conflict with other provisions of
state law, from adopting an ordinance that allows notification to a
prospective homeowner that the dwelling is in close proximity to a
 landfill   waste management  activity,
operation, or facility, or appurtenances thereof, and is subject to
the provisions of this section consistent with Section 1102.6a.
   (e) For purposes of this section, the term  "landfill
  "waste management  activity, operation, or
facility, or appurtenances thereof" shall include, but not be limited
to, a waste management unit at which waste is  recycled,
composted, diverted, converted into energy, or  discharged in or
on land for disposal.  "Landfill   "Waste
management  activity, operation, or facility, or appurtenances
thereof" does not include any surface impoundment, waste pile, land
treatment unit,  or  injection well  , or soil
amendment  .