BILL ANALYSIS �
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THIRD READING
Bill No: AB 1398
Author: Assembly Natural Resources Committee
Amended: 9/5/13 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 9-0, 6/19/13
AYES: Hill, Gaines, Calderon, Corbett, Fuller, Hancock,
Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/23/13 (Consent) - See last page for
vote
SUBJECT : Solid waste: recycling: 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).
Senate Floor Amendments of 9/5/13 clarify that an LEA acts
independently of the local governing body when carrying out its
delegated authority under the Act, while maintaining the
authority of the local governing body when the LEA is acting
outside of its duties under the Act.
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AB 1398
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ANALYSIS :
Existing law, under the Act:
1.Authorizes CalRecycle to certify LEAs to carry out local
permitting and enforcement of solid waste facilities.
2.Requires an LEA to establish and maintain an enforcement
program consistent with regulations adopted by CalRecycle
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 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.
This bill:
1.Specifies that an LEA that has been designated by the local
governing body and certified by 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
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AB 1398
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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.
6.Specifies that "commercial solid waste" 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.
Background
An 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, an 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.
Prior Legislation
AB 341 (Chesbro, Chapter 476, Statutes of 2011), requires that
CalRecycle ensure that by January 1, 2020, 75% of the solid
waste generated in California is source reduced, recycled or
composted. Additionally, businesses, including commercial or
public entity sources or multifamily residences with five or
more units generating more than four cubic yards of commercial
solid waste must arrange for recycling services.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 9/6/13)
California Association of Environmental Health Administrators
ARGUMENTS IN SUPPORT : According to the author, "this bill
includes technical and clean-up language to recycling program
requirements enacted by AB 341(Chesbro, Chapter 476, Statutes of
2011)." The author states that, "in addition to codifying the
definition of 'commercial solid waste,' the bill corrects a
drafting error that cited Section 426492, rather than Section
42649.2, and corrects a cross-reference to ensure that the
definition of commercial waste generator is appropriately
referenced."
ASSEMBLY FLOOR : 74-0, 5/23/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Hagman, Hall, Harkey, Roger Hern�ndez, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John
A. P�rez
NO VOTE RECORDED: Grove, Holden, Jones, Waldron, Vacancy,
Vacancy
RM:ej 9/6/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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