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9. ' A - 31 Legislative Bill Action ............................... ............................... . in doing so, it would have the result of giving the California Integrated Waste Management Board the authority to preempt local land use authority. A summary of the major problems with SB 983 is provided below. Preemption of Local Land Use Authority. U 2U would require, as a condition of receiving a solid waste facilities permit, that a new or expanded urban landfill include in its closure /post- closure plan a "Greenfield Plan" that includes a description of how the operator plans to restore the urban landfill after closure. The plan would be required to be approved by an "...advisory panel representing the community where the urban landfill is located." The California Integrated Waste Management Board would be required to object to a solid waste facility permit if the board determines that the permit does not comply with the Greenfield Plan. There are several problems with this provision. First, the Greenfield Plan is to be developed and agreed upon by the landfill operator and an advi- sory panel of the community. However, the bill includes no provision that the plan must be ap- proved by the host jurisdiction with land use author- ity or be consistent with zoning or future planned uses in the area. Landfill Capacity. SB 983 would authorize the Waste Board to object to a solid waste facility permit if it finds that the Local Enforcement Agency has not demonstrated to the Board's satisfaction that the proposed landfill is necessary. The bill would put the LEA in the position of determining regional and local landfill capacity and need, something that they are not qualified to do. Thus, the bill would give the Waste Board the authority to second guess and override a local decision about the need for landfill capacity. The League and CSAC have sent a joint letter to the author opposing SB 983 It is posted on the League's website. The League and CSAC under- stand the sensitivity of true urban landfills and their impacts on the surrounding communities. We have indicated our willingness to discuss with the author how issues of environmental justice and mitigation of landfills can be enhanced in communities sur- rounding these landfills. However, as currently written, the provisions of SB 983 would exclude local governments from the decision making process for such landfills, preempt local land use authority, grant inappropriate veto authority to the Waste Board, and authorize the Board to second guess local decisions that go beyond state minimum standards. Staff: Yvonne Hunter, Status: SenEvnQual; Hrg -4/28, Position: Oppose. The Waste Board would be given the ultimate veto of the plan — and indirectly, the local land use authority of the host jurisdiction. Thus, not only does SS 983 exclude local government from any involvement in the plan or approval of the plan, even if they were involved and all parties agreed with the plan, the Waste Board would have the authority to override that involvement and agree- ment. This is preemption of local land use authority. Environmental Mitigation. SB 983 would autho- rize the Waste Board to deny a solid waste facility permit if it finds that the operator has not addressed environmental concerns. This would be in addition to the existing circumstances under which the Waste Board may deny a permit. Thus, SB 983 would override CEQA, which is designed to identify and mitigate environmental impacts, and would authorize the Board to second -guess the regulatory require- ments by other environmental agencies, such as the State Water Control Board. PUBLIC SAFETY AB 1216 (Vargas). Fire Safety. Regulations. AR 1216 requires, by January 1, 2005, the State Fire Marshal (SFM) and the State Building Standards Commission to prepare and adopt expanded regulations to increase the protection of buildings and surrounding wild land from wild fires. Existing law requires specific fire safety regulations for openings into attic areas of buildings in high fire hazards zones, urban wild land interface communi- ties, and other areas subject to wild land fire threats. AB 1216 bill would expand the subject matter of these regulations to roofs, exterior walls, and structure projections and openings. AB 1216 would define "urban wild land interface community" and would provide that regulations adopted pursu- ant to these provisions also apply to other areas designated by a local agency following a specified finding supported by substantial evidence. This bill Visit the League's Official Web Site-- www.cacities.org PRIORITY FOCUS /PAGE 11