Amended in Senate June 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 997

Introduced by Assembly Member Chesbro

February 22, 2013

An act amend begin delete Section 40116.1 of, and to add Section 40103 to end delete begin insert Sections 43209, 44012, and 44307 of, and to add Section 43200.5 to end insert , the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 997, as amended, Chesbro. begin delete Composting: anaerobic digestion. end delete begin insert Solid waste: enforcement agencies. end insert

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(1) Existing law, the California Integrated Waste Management Act of 1989 (act), provides for the designation of an enforcement agency under specified procedures, including by the board of supervisors of a county for purposes of the county, by the county and the cities within the county pursuant to a joint exercise of powers agreement, by a city council for purposes of the city, or by the board of supervisors of a county for purposes of the unincorporated area of the county. Existing law requires the Department of Resources Recycling and Recovery to prepare and adopt certification regulations for local enforcement agencies.

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This bill would provide that the enforcement agency, when exercising the authority or fulfilling the duties specified in certain provisions of the act, would be deemed to be carrying out a state function governed by the act. The bill would also provide that, in carrying out this state function, the enforcement agency would be deemed to be independent from the local governing body and the enforcement agency’s actions would not be subject to the authority of the local governing body. The bill would also provide that if an enforcement agency is authorized or required to take an action by a state law or local ordinance and that action is not otherwise authorized or required by certain provisions of the act, the enforcement agency would, with regard to that action, be governed only by that local ordinance or state law.

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(2) Existing law requires enforcement agencies to perform specified functions with regard to solid waste handling and the issuance and enforcement of solid waste facilities permits, including establishing and maintaining an enforcement program. Existing law allows the enforcement agency to establish specific local standards for solid waste handling and disposal and requires these standards to be consistent with the act.

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This bill would require those specific local standards for solid waste handling and disposal to be incorporated into the enforcement agency’s enforcement program and approved by the department.

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(3) Existing law requires the enforcement agency, when issuing or revising a solid waste facilities permit, to ensure that primary consideration is given to protecting public health and safety and preventing environmental damage and that the long-term protection of the environment is the guiding criterion.

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This bill would authorize the enforcement agency, when issuing or revising a solid waste facilities permit, to impose those terms and conditions on a solid waste facilities permit that it deems necessary and appropriate to govern the design and operation of the solid waste facility, for purposes of implementing those policies specified above.

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(4) Existing law requires an enforcement agency to hold a hearing upon a petition regarding an alleged failure to act as required by law.

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This bill would instead require the enforcement agency to hold that hearing upon a petition alleging a failure to act pursuant to specified provisions of the act, or the regulations adopted pursuant to specified provisions of the act, thereby imposing a state-mandated local program.

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(5) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The California Integrated Waste Management Act of 1989 establishes an integrated waste management program administered by the Department of Resources Recovery and Recycling that requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. The element is required to divert 50% of the solid waste subject to the element through source reduction, recycling, and composting activities. The act allows the source reduction and recycling element to include not more than 10% diversion through transformation, which is defined as excluding, among other things, composting. The act defines the term “composting” for the purposes of the act as the controlled or uncontrolled biological decomposition of organic wastes. The act also defines the term “solid waste facility,” for purposes of the permitting requirements of the act, as a composting facility.

end delete begin delete

This bill would define the term “anaerobic digestion,” for purposes of the act, as a process using the bacterial breakdown of compostable organic material in a controlled environment that meets the parameters that may be established by the department, and would revise the definition of the term “composting” to include anaerobic digestion.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 43200.5 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 43200.5. end insert   

(a) An enforcement agency that has been designated
by the local governing body and certified by the department
pursuant to this chapter shall have the authority provided, and the
duties required, by this part, Part 5 (commencing with Section
45000), and Part 6 (commencing with Section 45030).

(b) When exercising the authority and fulfilling the duties
specified in subdivision (a), an enforcement agency shall be deemed
to be carrying out a state function that is governed by this division.
In carrying out this state function, an enforcement agency shall
be deemed to be independent from the local governing body, and
the enforcement agency’s actions in carrying out this state function
shall not be subject to the authority of the local governing body.

(c) If an enforcement agency is authorized or required to take
an action by a state law or local ordinance and that action is not
otherwise authorized or required by this part, Part 5 (commencing
with Section 45000), or Part 6 (commencing with Section 45030),
the enforcement agency shall, with regard to that action, be
governed only by that local ordinance or state law, respectively,
in exercising that authority or carrying out that requirement and
shall not be governed by this division.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 43209 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

43209.  

The enforcement agency, within its jurisdiction and
consistent with its certification by the board, shall do all of the
following:

(a) Enforce applicable provisions of this part, regulations
adopted under this part, and terms and conditions of permits issued
pursuant to Chapter 3 (commencing with Section 44001).

(b) Request enforcement by appropriate federal, state, and local
agencies of their respective laws governing solid waste storage,
handling, and disposal.

(c) File with the board, upon its request, information the board
determines to be necessary.

(d) Develop, implement, and maintain inspection, enforcement,
permitting, and training programs.

(e) (1) Establish and maintain an enforcement program
consistent with regulations adopted by the board to implement this
chapter, the standards adopted pursuant to this chapter, and the
terms and conditions of permits issued pursuant to Chapter 3
(commencing with Section 44001).

(2) The enforcement agency may establish specific local
standards for solid waste handling and disposal subject to approval
by a majority vote of its local governing body, by resolution or
ordinance begin insert , if those standards are incorporated into the enforcement
program specified in paragraph (1) and are approved by the
department end insert .

(3) A standard established pursuant to this subdivision shall be
consistent with this division and all regulations adopted by the
board.

(f) Keep and maintain records of its inspection, enforcement,
permitting, training, and regulatory programs, and of any other
official action in accordance with regulations adopted by the board.

(g) (1) Consult, as appropriate, with the appropriate local health
agency concerning all actions which involve health standards.

(2) The consultation required by this subdivision shall include
affording the health agency adequate notice and opportunity to
conduct and report the evaluation as it reasonably determines is
appropriate.

(h) Establish and maintain an inspection program.

(1) The inspection program required by this subdivision shall
be designed to determine whether any solid waste facility is
operating under any of the following:

(A) The facility is operating without a permit.

(B) The facility is operating in violation of state minimum
standards.

(C) The facility is operating in violation of the terms and
conditions of its solid waste facilities permit.

(D)  The facility may pose a significant threat to public health
and safety or to the environment, based on any relevant
information.

(2) The inspection program established pursuant to this
subdivision shall also ensure frequent inspections of solid waste
facilities that have an established pattern of noncompliance with
this division, regulations adopted pursuant to this division, or the
terms and conditions of a solid waste facilities permit. The
inspection program may include public awareness activities,
enforcement to prevent the illegal dumping of solid waste, and the
abatement of the illegal dumping of solid waste.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 44012 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

44012.  

begin insert (a) end insert begin insert   end insert When issuing or revising begin delete any end delete begin insert a end insert solid waste
facilities permit, the enforcement agency shall ensure that primary
consideration is given to protecting public health and safety and
preventing environmental damage, and that the long-term
protection of the environment is the guiding begin delete criterion, and that any
terms end delete begin insert criterion. end insert

begin insert (b) end insert begin insert   end insert begin insert When issuing or revising a solid waste facilities permit, an
enforcement agency may impose those terms and conditions on a
solid waste facilities permit that it deems necessary and
appropriate to govern the design and operation of the solid waste
facility, for purposes of implementing the requirements of
subdivision (a). end insert

begin insert (c) end insert begin insert   end insert begin insert The term end insert begin insert s end insert and conditions of the solid waste facilities permit
begin delete are end delete begin insert imposed by an enforcement agency pursuant to this section
shall be end insert consistent with begin insert the enforcement policy adopted pursuant
to end insert subdivision (e) of Section 43209 and begin insert shall be consistent with end insert
this division.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 44307 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

44307.  

From the date of issuance of a permit that imposes
conditions that are inappropriate, as contended by the applicant,
or after the taking of any enforcement action pursuant to Part 5
(commencing with Section 45000) by the enforcement agency,
the enforcement agency shall hold a hearing, if requested to do so,
by the person subject to the action. The enforcement agency shall
also hold a hearing upon a petition to the enforcement agency from
any person requesting the enforcement agency to review an alleged
failure of the agency to act as required by begin delete law end delete begin insert this part, Part 5
(commencing with Section 45000), or Part 6 (commencing with
Section 45030) end insert or begin insert a end insert regulation begin insert adopted by the department pursuant
to this part, Part 5 (commencing with Section 45000), or Part 6
(commencing with Section 45030) end insert . A hearing shall be held in
accordance with the procedures specified in Section 44310.

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begin insert SEC. 5. end insert   

end insert begin insert

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.

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begin delete

SECTION 1.  

Section 40103 is added to the Public Resources
Code, to read:

40103.  

“Anaerobic digestion” means a process using the
bacterial breakdown of compostable organic material in a
controlled environment that meets the parameters that may be
established by the department.

end delete

begin delete

SEC. 2.  

Section 40116.1 of the Public Resources Code is
amended to read:

40116.1.  

“Composting” means the controlled or uncontrolled
biological decomposition of organic wastes, including through
anaerobic digestion.

end delete