BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 997
Author: Chesbro (D)
Amended: 6/18/13 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 8-0, 7/3/13
AYES: Hill, Gaines, Calderon, Corbett, Hancock, Jackson, Leno,
Pavley
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/2/13 - See last page for vote
SUBJECT : Solid waste: enforcement agencies
SOURCE : Author
DIGEST : This bill specifies that a local enforcement agency
(LEA) that has been designated by the local governing body and
certified by the Department of Resources Recycling and Recovery
(CalRecycle) has the authority provided, and duties required,
under specified provisions of the Integrated Waste Management
Act (Act).
ANALYSIS :
Existing law, under the Act:
1. Authorizes CalRecycle to certify LEAs to carry out local
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permitting and enforcement of solid waste facilities.
2. Requires a 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.
3. Requires a 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.
This bill:
1. Specifies that a LEA that has been designated by the local
governing body and certified by the CalRecycle has the
authority provided, and duties required, under specified
provisions of the Act.
2. Provides that when exercising the authority and fulfilling
the duties under specified provisions of the Act, a 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 a 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 a LEA to impose terms and conditions, consistent
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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.
Background
A LEA is designated by the local governing body and is certified
by CalRecycle to enforce specified aspects of the Act related to
permitting and inspection of solid waste handling and disposal.
Generally, a LEA is a department within the local government,
such as a department of environmental health, and as a result,
LEA staff operates within the administrative structure of their
local jurisdiction. However, under the Act, LEAs are
responsible for inspecting, permitting, and otherwise regulating
solid waste facilities within their jurisdictions.
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 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 (EIR) 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 EIR approval is not appealable to the
Board of Supervisors, due to the fact that when carrying out its
function authorized under the LEA is a distinct legal entity
from the county.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/13/13)
California Association of Environmental Health Administrators
ARGUMENTS IN SUPPORT : According to the author, "Current law
is unclear as to the specific relationship between a local
enforcement agency (LEA), the local government, and the
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Department of Resources Recycling and Recovery (CalRecycle).
This bill clarifies that when carrying out its delegated
authority from CalRecycle, a 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 enforced by
CalRecycle if the LEA is unable or unwilling to take enforcement
actions."
ASSEMBLY FLOOR : 75-0, 5/2/13
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Harkey, Roger Hernández, Holden,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Yamada, John A. Pérez
NO VOTE RECORDED: Atkins, Hall, Jones, Williams, Vacancy
RM:d 8/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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