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AB-997 Solid waste: enforcement agencies.(2013-2014)

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AB997:v98#DOCUMENT

Amended  IN  Senate  June 18, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 997


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   Local Program: NOYES  

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 terms 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.