BILL NUMBER: AB 997	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2013

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 22, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 997, as amended, Chesbro.  Composting: anaerobic
digestion.   Solid waste: enforcement agencies. 

   (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.  
   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.  
   (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.  
   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. 

   (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.  
   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.  
   (4) Existing law requires an enforcement agency to hold a hearing
upon a petition regarding an alleged failure to act as required by
law.  
   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.  
   (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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 43200.5 is added to the 
 Public Resources Code   , to read:  
   43200.5.  (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. 
   SEC. 2.    Section 43209 of the   Public
Resources Code   is amended to read: 
   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
 , if those standards are incorporated into the enforcement
program specified in paragraph (1) and are approved by the department
 .
   (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.
   SEC. 3.    Section 44012 of the   Public
Resources Code   is amended to read: 
   44012.  (a)    When issuing or revising 
any   a  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  criterion, and that any terms  
criterion. 
    (b)     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). 
    (c)     The term   s  and
conditions of the solid waste facilities permit  are
  imposed by an enforcement agency pursuant to this
section shall be  consistent with  the enforcement policy
adopted pursuant to  subdivision (e) of Section 43209 and 
shall be consistent with  this division.
   SEC. 4.    Section 44307 of the   Public
Resources Code   is amended to read: 
   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  law   this
part, Part 5 (commencing with Section 45000), or Part 6 (commencing
with Section 45030)  or  a  regulation  adopted by
the department pursuant to this part, Part 5 (commencing with Section
45000), or Part 6 (commencing with Section 45030)  . A hearing
shall be held in accordance with the procedures specified in Section
44310.
   SEC. 5.    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.  
  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.  
  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.