S.L. 2013-413 (H 74), sec. 10.2. Regulatory Reform: Local Environmental Ordinances

This section of the 2013 Regulatory Reform Act imposes temporary limits on city or county ordinances regulating areas that are also regulated by state or federal laws adopted or enforced by specified environmental agencies. The limits appear to apply only to city or county ordinances and not to other types of local regulations, such as local board of health rules. 

The environmental agencies covered by the law include the Commission for Public Health, but only when it is exercising its authority to regulate solid waste, public drinking water supplies, on-site wastewater, asbestos, and the lead-based paint hazard management program or renovation activities. The Environmental Management Commission is also covered. Among other things, the Environmental Management Commission adopts rules that govern local health department programs for inspecting and permitting private drinking water wells. 

Effective August 23, 2013 and until October 1, 2014, a city or county may not enact an ordinance regulating a field that is also regulated by an environmental agency unless the ordinance is approved by a unanimous vote of the members of the governing body that are present. During this time period, the Environmental Review Commission must study the circumstances under which cities and counties should be authorized to enact such ordinances.