BILL ANALYSIS Ó
AB 997
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 997
AUTHOR: Chesbro
AMENDED: June 18, 2013
FISCAL: Yes HEARING DATE: July 3, 2013
URGENCY: No CONSULTANT: Rebecca Newhouse
SUBJECT : LOCAL ENFORCEMENT AGENCIES
SUMMARY :
Existing law , under the Integrated Waste Management Act (Act):
1) Authorizes the Department of Resources Recycling and Recovery
(CalRecycle) to certify local enforcement agencies (LEAs) to
carry out local permitting and enforcement of solid waste
facilities (Public Resources Code §43200 et seq.).
2) Requires an LEA to establish and maintain an enforcement
program consistent with regulations adopted by the department
regarding solid waste handling and disposal and permit and
inspection programs and authorizes the LEA to 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 (PRC §43209).
3) Requires an LEA to ensure that primary consideration is given
to protecting public health and safety, preventing
environmental damage, and the long-term protection of the
environment, when issuing or revising a solid waste
facilities permit, and that any terms and conditions are
consistent with the LEA enforcement program and the Act (PRC
§44012).
This bill :
1) Specifies that an LEA that has been designated by the local
governing body and certified by the department has the
authority provided, and duties required, under specified
provisions of the Act.
AB 997
Page 2
2) Provides that when exercising the authority and fulfilling
the duties under specified provisions of the Act, an LEA is
deemed to be carrying out a state function and the LEA is
independent from the local governing body, and the LEA's
actions are not subject to the authority of the local
governing body.
3) Specifies that if an LEA 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 specified provisions
under the Act, then the LEA is governed only by that local
ordinance or state law in exercising that authority.
4) Authorizes the LEA to 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 and are approved by CalRecycle.
5) Authorizes an LEA to impose terms and conditions, consistent
with the LEA enforcement program and the Act, 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 protecting public health and
safety and preventing environmental damage.
COMMENTS :
1) Purpose of Bill . According to the author, "Current law is
unclear as to the specific relationship between a local
enforcement agency (LEA), the local government, and the
Department of Resources Recycling and Recovery (CalRecycle).
This bill clarifies that when carrying out its delegated
authority from CalRecycle, an LEA acts independently of the
local governing body, while maintaining the authority of the
local governing body when the LEA is acting outside of its
CalRecycle duties."
The author also notes, "Clear specifications of the LEA's
power to impose conditions could help to avoid expensive
lawsuits and potential delays in projects and enforcement
actions. Additionally, permits issued by LEAs need to be
AB 997
Page 3
enforced by CalRecycle if the LEA is unable or unwilling to
take enforcement actions."
2) Background on LEAs . A local enforcement agency (LEA) is
designated by the local governing body and is certified by
CalRecycle to enforce specified aspects of the Integrated
Waste Management Act related to permitting and inspection of
solid waste handling and disposal. Generally, an LEA is a
department within the local government, such as a department
of environmental health, and as a result, LEA staff operate
within the administrative structure of their local
jurisdiction. However, under the Integrated Waste Management
Act, LEAs are responsible for inspecting, permitting, and
otherwise regulating solid waste facilities within their
jurisdictions.
3) Redwood Landfill . As a result of the dual role that LEAs
perform, confusion has arisen with regard to when they are
acting under the authority of the state under the Integrated
Waste Management Act, or the local governing body. For
example, a case was brought before the California Court of
Appeals over the expansion of Redwood Landfill in Marin
County in which the local enforcement agency, Marin County
Environmental Health Services, filed and approved an
Environmental Impact Report to expand the landfill. In
response, an association of local residents opposed to the
landfill expansion sought to appeal the LEA's permit
authorization to the County Board of Supervisors. The court
ultimately ruled that the Environmental Impact Report
approval is not appealable to the Board of Supervisors, due
to the fact that when carrying out its function authorized
under the Integrated Waste Management Act, the LEA is a
distinct legal entity from the county.
SOURCE : Author
SUPPORT : California Association of Environmental Health
Administrators
OPPOSITION : None on file
AB 997
Page 4