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TO: BOARD OF SUPERVISORS
Costa
FROM: Dennis M. Barry, AICP �rT� � .- County
Community Development Director LL& .
DATE: July 8, 2003
SUBJECT: SUPPORT SS 20 SHER
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
SUPPORT SB 20 (SHER)which would require manufacturers of hazardous electronics to
take responsibility for the safe handling and recycling of their products at their end-of-life.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The picture tubes(CRTs)in computer monitors and televisions contain hazardous levels of
lead and other toxic materials. Due to the human and environmental health hazards, the
state banned the disposal of CRTs in landfills. Currently, these devices are being sold in
California without restrictions and without an adequate recycling infrastructure in place.
Local governments have inadvertently become the responsible parties and many are being
forced to fund the increasingly costly task of cleaning up these hazardous electronics.
SB 20 addresses this crisis with a flexible 'producer responsibility' approach by requiring
manufacturers of hazardous electronic devices to establish and implement a collection,
processing, recovery, reuse, and recycling system for their obsolete and hazardous
products. Additionally, the measure calls on manufacturers to phase down the use of
hazardous materials in these devices. SB 20 would also restrict the export of hazardous
electronic waste to developing countries.
ContraCosta County supports SB 20 because it provides a means to better protect the
health of California's citizens and its environment.
^
CONTINUED ON ATTACHMENT: YES SIGNATURE ' -l
--'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MMITTEE
-.,---APPROVE OTHER
SIGNATURE (S):
ACTION OF BO ON lay s. 2003 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT IV AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
**District III Seat VACANI**
Contact: Deidra Dingman (925/335-1224) ATTESTED IR4 s, .2DO3
cc: Community development Department(CDD) JOHN SWEETEN, CLERK OF THE
CAC) (Sara Hoffman) BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
BY f (' �- .{, ' � tDEPUTY
,
GXonservatit}n\De1dra\SD20 Support-BO.doc 41
4 «
TO: BOARD OF SUPERVISORS � �� i CONTRA
,. COSTA
FROM: John Sweeten,County Administrator COUNTY
DATE: July 8,2003
SUBJECT: AB 80(Bogh)-Oppose Unless Amended
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENVAT-19NIS):
OPPOSE AB 80 (Gogh), which would allow public safety employee buyback of service credits earned from
ether jurisdictions UNLESS AMENDED to require that the employee buyback include not only the employee
contribution plus interest,but also the employer contribution plus interest.
BACKGROUNI3lREASON S FOR COMMENDATION S :
Centra.Costa County's 2003 State Legislative Platform includes the following policy position:
SUPPORT efforts to limit Countyfinancial liabilityforfitture tin, ended mandates.
As extensively reported in the Contra Costa. Times and in reports to the Board of Supervisors, the County's
unfunded liability for retirement has grown dramatically in recent years as a result of earnings shortfalls and
actual losses in the pension system portfolio as well as the need to recognize the future costs of court decisions,
legal settlements and new pension benefits. Recently, the County issued bands to retire unfunded pension
system liabilities, which helped reduce the County's current and future costs. Nonetheless, pension costs
continue to be of significant financial concern.
AB 80(Bogh)could increase the County's retirement costs for fire suppression and law enforcement employees.
CONTINUED ON ATTACHMENT: >°YES SIGNATURE: 34J��L
ECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF OrD COMMITTEE
PROVE OTHER
SIGNATURE
ACTION OF I3 ON Ju Y . 2(303 APPROVED AS RECOMMENDED.X_OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT _ IV I TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ASSERT: ABSTAIN: ON MINUTES OF THE BOARD OF
*District III Seat VACMNTi'* SUPERVISORS ON THE DATE SHOWN.
Contact:Sara HofMnan,335-1090
ATTESTED July 8, 24103
cc: CAO JOHN SWEETEN,CLERK OF
RhOromont B"rd THE BOARD OF SUPERVISORS
Human Re coum" AND COUNTY ADMINISTRATOR
Could Lobbost 'T
CSAC
r
BY, i ' ' Deputy
I ACKGROUNDIRFASON, M FOR RFCONMNDATION(S):
Existing law allows 37 Ret counties, including Contra Costa County,to permit buy back of service credits by
employees at a rate equal to twice the contributions the member would have made for that service,plus interest.
AB 80(Gogh)would allow 37 Act counties to permit peace officers and firefighters to buy back service at a rate
equal to the contributions the member would have made for that service,plus interest. The County would need
to contribute the employer portion,plus interest,even though the employment was not with the County.
Safety employees currently receive a very generous retirement package with 3%at age 50. The County has
already been forced to absorb a$54.5 million shortfall in the its FY 03-04 budget. The State of California will
likely balance its FY 03-04 budget through reductions to counties, although the magnitude of this loss is not
now known.
Now is not the time to put into place a system that could result in higher pension costs for the County.
AMENDED IN SENATE JUNE 4,2003
AMENDED IN ASSEMBLY MAY 1,2003
CALIFORNIA LEGISLATURE-2W-04 REGULAR SESSION
ASSEMBLY BILL Na, 80
Introduced by Assembly Member Bogh
January 5,2003
An act to amend Section 31485.7 of,and to add Section 31541.55 to,
the Government Code,relating to county employees' retirement.
LEGISLATIVE COUNSEUS DIGEST
AB 80, as amended, Bogh. County employees' retirement:
firefighters' service credit.
Existing lave authorizes members of a retirement system subject to
the County Employees Retirement Lave of 1937 to receive service credit
for public service,as defined,if authorized by the governing board of
the county or district and subject to the payment by the member and,if
approvedby a 4/5 vote of the governing body,by the county or district
of an amount equal to twice the contributions the member would have
made for that service,Alts interest.
This bill would authorize county peace officers and specified county
firefighters, to receive service credit for specified law
enforcement or firefighting service performed for another public
agency,as defined,if authorized by the governing board of the county
or district and subject to the payment by the-&efighter member and,if
approved by a majority vote of the governing body, by the county or
district of an amount equal to the contributions the member would have
made for that service,plus interest.
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As 80 —2—
Vote:
z--
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program:no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 31485.7 of the Government Code is
2 amended to read:
3 31485.7. Notwithstanding anything to the contrary in this
4 chapter,a member who elects to purchase retirement service credit
5 under Section 31494.3, 31641.1, 31641.5, 31641.55, 31646, or
6 31652,or under the regulations adopted by the board pursuant to
7 Section 31643 or 31644,shall complete that purchase within 120
8 days after the effective date of his or her retirement.
9 This section is not operative in any county until the board of
10 supervisors, by resolution, makes this section applicable in the
11 county.
12 SEG. 2. Section 31641.55 is added to the Government Code,
13 to read:
14 31641.55. (a) A firefigt member described in Section
15 31469.1 or 31470,4 who was in public service before becoming a
16 member may elect by written notice filed with the board to make
17 contributions pursuant to subdivision(b)and to receive credit in
18 the retirement system for all allowed public service time.
19 (b) Any fiftfighr member described in subdivision (a) who
20 elects pursuant to subdivision (a) to make contributions and
21 receive ewas er service credit for time for which he or she
22 claims credit because of public service shall contribute to the
23 retirement fimd,prior to the effective date of his or her retirement,
24 by lump sum payment or by installment payments over a period
25 not to exceed 10 years, an amount equal to the sum of the
26 following:
27 (1) The contributions he or she would have made to the
28 retirement fund if he or she had been a member during the same
29 length of time as that for which he or she has elected to receive
30 service credit,computed by applying the rate of contribution fust
31 applicable to him or her upon commencement of his or her
32 membership in this system to the monthly compensation first
33 earnable by hien or her at the time, multiplied by the number of
34 months for which he or she has elected to receive service credit for
35 public service.
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-3— AB 80
1 (2) interest at the current rate,as defined in Section 31641.5 1,
2 from the date of his or her first membership in the system until the
3 completion of payment of those contributions.
4 (c) The governing body by a majority vote may provide that it
5 shall make, part of the contributions
6 specked in parcmgraphs(1)and(2)of subdivision(b)on beha hof
7 its members eligible to receive credit for public service under this
8 section;-ond who so elect prior to filing an application for
9 retirement,
10 .
11 (d) A member who has elected to make the payment in
12 installments may complete payment by lump sum at any time prior
13 to the effective date of his or her retirement. Any contributions
14 made by a member pursuant to this section shall be considered and
15 administered as normal contributions by the member.
16 (e) For purposes of this section,the following definitions shall
17 apply:
18 "Firefighter"
19
20
21 (1) Notwithstanding Section 31478, "public agency" means
22 the united States of America, any state, or any department or
23 agency of either, or any city, county, city and county, special
24 district, or other public or municipal corporation or political
25 subdivision that is within a state or is situated in whole or in part
26 within a county.
27 (3)
28 (2) Notwithstanding Sections 31479, 31479.2, and 31479.3,
29 "public service"means service rendered as an officer or employee
30 of a public agency in a position whose principal duties consist of
31 active fire suppression or law enforcement,for which the officer
32 or employee received compensation from the public agency,and
33 with',respect to which he or she is not entitled to receive credit in
34 any reticent system supported wholly or in part by public funds
35 after he or she becomes a member of this system.
36 (f) This section may only be applicable in any county or district
37 on the first day of the month after the governing board of the
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1
AB 80 —4-
1
q_._.1 county or district adopts,by majority vote,a resolution providing
2 that this section shall be applicable in the county or district.
b
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