An act to add Chapter 4.7 (commencing with Section 50997) to Part 1 of Division 1 of Title 5 of the Government Code, relating to local government.
Summary
SB 594 would add a new section to the Public Resources Code governing permits for new Class III landfills, which are nonhazardous solid waste landfills. The bill would bar a state agency from issuing a waste discharge permit for a new Class III landfill unless the local enforcement agency first holds a separate publicly noticed hearing and certifies that the project will not disproportionately impact or harm an environmental justice community. The bill defines environmental justice community using CalEnviroScreen, focusing on areas in the 90th percentile for pollution burden.
The bill also requires additional local review in counties where a landfill is proposed. If the county has adopted an environmental justice element in its general plan, the county board of supervisors must hold a hearing on whether the landfill is consistent with that element, place its evaluation in the record, and submit the summary and public comments to the regional water board. If the county has not adopted an environmental justice element, the local enforcement agency must consider CalEnviroScreen and other community health metrics when evaluating impacts. The bill includes a reimbursement provision if the Commission on State Mandates determines the measure creates state-mandated local costs.
Impact
SB 594 would change the landfill permitting process by adding environmental justice review and local hearing requirements before a waste discharge permit may be issued for a new Class III landfill. It would affect state water quality permitting authorities, local enforcement agencies, county boards of supervisors, and regional water boards by requiring additional findings, documentation, and public process tied to landfill siting and community impact. The bill also creates a potential state-mandated local program and provides for reimbursement under existing mandate reimbursement procedures if costs are determined to be reimbursable.
Sentiment
The bill appears to have generally favorable support, as reflected by a unanimous 5-0 committee vote and a 27-9 vote on Senate third reading. The available record does not include committee transcript debate, but the vote pattern suggests the measure advanced with broad support while still drawing some opposition on the floor. The overall framing of the bill is consistent with environmental justice and community protection concerns, which likely contributed to its support.
Contention
The main point of contention is the added permitting burden on landfill projects and the role of local governments in the state permitting process. Opponents may view the bill as creating additional procedural hurdles, delays, and costs for landfill developers and local agencies, especially where counties must hold hearings and prepare findings. Supporters are likely focused on protecting environmental justice communities from disproportionate landfill impacts and ensuring that landfill siting decisions account for local health and equity concerns. The reimbursement language also signals concern about potential state-mandated local costs.
An act to add Section 37224 to, and to add Article 12 (commencing with Section 66095) to Chapter 2 of Part 40 of Division 5 of Title 3 of, the Education Code, and to amend Sections 11131 and 54961 of the Government Code, relating to holidays.
An act to add Article 2.4.4 (commencing with Section 53235.5) to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local government.
An act to add Article 6 (commencing with Section 53399) to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local government.
An act to add Section 41020.4 to the Education Code, and to add Article 10.2 (commencing with Section 53905) to Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local government.