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AB 1497 (Montañez) Fact Sheet
This bill makes significant changes to California
law related to solid waste landfill operations in an effort to improve the
ability of the California Integrated Waste Management Board (CIWMB) to
fulfill its mission to protect the environment and the health and safety of
communities throughout California.
The bill also takes into account key principles of environmental justice,
applying them specifically to solid waste landfill operations in California.
Environmental Justice became part of California’s laws in
1999 and 2001. Reflected in statute by Senate Bill 115 (Solis) in 1999,
California law defines “Environmental Justice” to mean, “The fair treatment
of people of all races, cultures and incomes with respect to the development,
adoption, implementation and enforcement of all environmental laws, regulations
and policies” (§65040.12).
In 2000, Governor Davis
signed Senate Bill 89 (Escutia) and included a specific appropriation to
Cal-EPA for its Environmental Justice Program. SB 89 established the existing
framework for pursuing environmental justice, creating the Interagency
Working Group on Environmental Justice. Currently six Boards, Departments and
Offices are part of the Interagency Working Group and the issue of
environmental justice has been given a larger role in environmental planning
statewide.
Correlation
to Environmental Justice
The provisions
of the bill represent substantial progress in the environmental justice
movement in California
and will help to provide equity and environmental balance for communities
that host solid waste facilities.
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This bill
ensures that environmental justice is integrated into the development,
adoption, implementation, and enforcement of environmental laws, regulations
and policies as they are applied to solid waste landfills; and
the bill provides for meaningful public participation and increased
opportunities for communities to have a voice in the decision-making process
for solid waste landfills in the state.
Addressing
Current Deficiencies
Assembly
Bill 1497 proposes a number of changes to state law with respect to solid
waste landfill operations in California.
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Requires the
CIWMB to develop regulations through their public process that define what is
meant by a “significant change” in the operation and design of a solid waste
facility. This definition has never
been included either in state law or in any regulations for solid waste
landfill operations in the state. The
bill also stipulates that the recommendations presented by the OPR/Cal-EPA
working group on environmental justice are to be included in the regulations
developed by the board.
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Requires
specific and expanded notice to the affected local community on a requested
change to a solid waste facility’s permit at the initial phase of the permit
request, as well as at any appeal of a permit decision. In addition, the bill also requires the
lead agency to notify the CIWMB of the requested change and whether or not it
is considered to be “significant” at this initial phase. In turn, the bill provides an opportunity for
the CIWMB to comment to the lead agency about their assessment of whether or
not the permit request constitutes a “significant change” per the guidelines
to be established by this bill and recommend any changes or corrections.
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Requires a
lead agency hold a local hearing in the host jurisdiction regarding the
request to change a solid waste facility’s permit as well as for any appeal
of a permit decision. There is
currently no requirement for a public hearing at any phase in the solid waste
facility permitting process (outside of CEQA).
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As part of the
closure and post-closure plans for a solid waste facility, establishes
provisions for retraining and reemployment of the facility’s contract
employees and requires a waste facility operator to establish a trust with
sufficient funding to expedite the retraining and reemployment conditions.
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Increased
enforcement of statutes and regulations governing solid waste facilities
including increased fines and penalties for non-compliance.
See NVC's letter to the Governor
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