California 2013-2014 Regular Session Status: Passed Assembly

AB 997 — Solid waste: enforcement agencies.

Last action — Died on inactive file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Died on inactive file.

  2. Ordered to inactive file at the request of Senator Hill.

  3. Read second time. Ordered to third reading.

  4. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 3). Re-referred to Com. on APPR.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

  7. In committee: Set, first hearing. Hearing canceled at the request of author.

  8. Referred to Com. on E.Q.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1217.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 17. Noes 0.) (April 17).

  13. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (April 1). Re-referred to Com. on APPR.

  14. Referred to Com. on NAT. RES.

  15. Read first time.

  16. From printer. May be heard in committee March 26.

  17. Introduced. To print.

Sponsors

  • Chesbro · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Chesbro

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 997 CHESBRO Assembly Third Reading

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65003
Democratic 7000
Republican 3001
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Daly — Yea
Logue — Yea
Skinner — Yea
Mitchell — Yea
Gordon — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Torres — Yea
Wilk — Yea
Bonilla — Yea
Medina — Yea
Dickinson — Yea
Eggman — Yea
Fox — Yea
Frazier — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mansoor — Yea
Waldron — Yea
Weber — Yea
Cooley — Yea
Melendez — Yea
Pan — Yea
Bocanegra — Yea
John A. Pérez — Yea
Levine — Yea
Salas — Yea
Morrell — Yea
Campos — Yea
Mullin — Yea
Atkins — Not Voting
Chau — Yea
Chesbro — Yea
Nestande — Yea
Chávez — Yea
Conway — Yea
Donnelly — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Not Voting
Hagman — Yea
Stone — Yea
Holden — Yea
Lowenthal — Yea
Linder — Yea
Gray — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Hall — Not Voting
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Wagner — Yea
Gomez — Yea
Hall — Yea
Harkey — Yea
Holden — Yea
Campos — Yea
Ammiano — Yea
Bocanegra — Yea
Bigelow — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 2000
Democratic 2000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Bigelow — Yea
Williams — Yea
Stone — Yea
Chesbro — Yea
Skinner — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 997 do?
(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.
Who sponsors AB 997?
AB 997 is sponsored by Chesbro.
What is the current status of AB 997?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 997?
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