BILL ANALYSIS Ó
AB 1398
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CONCURRENCE IN SENATE AMENDMENTS
AB 1398 (Natural Resources Committee)
As Amended September 5, 2013
Majority vote
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|ASSEMBLY: |74-0 |(May 23, 2013) |SENATE: |39-0 |(September 9, |
| | | | | |2013) |
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Original Committee Reference: NAT. RES.
SUMMARY : Omnibus bill to update and clarify provisions of the
Integrated Waste Management Act (Act). Specifically, this bill :
1)Specifies that a local enforcement agency (LEA) that has been
designated by the local governing body and certified by
California Department of Resources, Recycling, and Recovery
(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, 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.
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)Specifies that "commercial solid waste" for purposes of the
state's commercial recycling law includes all types of solid
waste generated by a store, office, or other commercial or
public entity source, including a business or a multifamily
dwelling of five or more units.
AB 1398
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6)Corrects a cross reference with the state's commercial
recycling law and a related drafting error.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill has
negligible state costs.
COMMENTS : Solid waste LEAs are designated by the local
governing body and certified by CalRecycle to enforce the Act.
Generally, an LEA is a department within the local government,
such as a department of environmental health. Under the Act,
LEAs are responsible for inspecting, permitting, and otherwise
regulating solid waste facilities within their jurisdictions.
LEAs perform these functions under the oversight of CalRecycle
and, in doing so, are governed solely by the Act and regulations
adopted by CalRecycle.
Because of this dual role, there has been confusion about when
an LEA is acting under the authority of the Act or the local
governing body. This lack of clarity has resulted in
time-consuming legal challenges. Clear specifications of the
LEA's authority 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.
This bill specifies that an LEA, although situated within local
government, is independent from the local governing body when
carrying out specified state functions; and, in carrying out its
duties under the Act, an LEA has the authority specified by the
Act.
This bill also includes necessary technical and clean-up
language to new recycling program requirements enacted by AB 341
(Chesbro), Chapter 476, Statutes of 2011. Specifically, it
codifies the definition of "commercial solid waste" rather than
referencing a regulatory definition; corrects a drafting error
that cited Section 426492, rather than Public Resources Code
Section 42649.2; and, corrects a cross-reference to ensure that
the definition of commercial waste generator is appropriately
referenced.
AB 1398
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Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0002714