HomeMy WebLinkAboutMINUTES - 09112012 - C.42RECOMMENDATION(S):
AUTHORIZE the Chair of the Board of Supervisors to sign a letter requesting that the Governor veto Assembly Bill
845 (Ma) Solid Waste: Place of Origin (see attached letter).
FISCAL IMPACT:
None to the General Fund. The likelihood that the County will need to update the Countywide Siting Element could
increase if the Board's authority to manage the importation of solid waste from outside the county is restricted as
proposed in the bill. In that event, we will need to identify additional landfill capacity in the county or enter into new
contracts for export of our waste outside the county. Either process could potentially increase costs to our residents.
BACKGROUND:
AB 845 prohibits an ordinance enacted by a city or county, including an ordinance enacted by initiative by the voters
of a city or county, from otherwise restricting or limiting the importation of solid waste into a privately owned solid
waste facility in that city or county based on place of origin. A copy of the bill (AB 845) is attached. This bill would
supersede the condition that was imposed by the Board of Supervisors on its approval of the Keller Canyon Landfill
which permits the Board to limit the importation of waste from outside Contra Costa. The County currently does not
exercise this authority.
Contra Costa jurisdictions that currently export waste to other counties include Concord and Pittsburg. The Keller
Canyon Landfill currently receives some waste from outside the county. Our landfill currently has a 40-year capacity
at current utilization rates. A chart entitled Waste Materials Disposed at Keller Canyon Landfill from Within and
Outside Contra Costa County, 2003-2011 is attached to this report and provides additional detail on the level of waste
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/11/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: 925-674-7830
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: September 11, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc:
C. 42
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development
Date:September 11, 2012
Contra
Costa
County
Subject:Letter Requesting Governor Brown Veto AB 845 (Ma) Solid Waste: Place of Origin
imported to the landfill from outside the county.
Staff recommendation to oppose this bill and to request the Governor to veto the bill is based on position number 102
of the Board's adopted state legislative platform for 2012 which states:
BACKGROUND: (CONT'D)
OPPOSE efforts to limit the County's ability to exercise local land use authority.
In 2011, Assembly Member Ma proposed this prohibition in AB 1178, which was stalled in committee. In August
of this year, Assembly Member Ma was successful in amending AB 845 to include this prohibition, which
permitted the bill to bypass the normal committee hearings and go directly to the Assembly and Senate for a floor
vote. The Legislature approved the bill and it has been sent to the Governor's desk. Senator DeSaulnier supported
the bill. Senator Hancock opposed the bill. Assembly Members Bonilla and Buchanan supported the bill.
Assembly Member Skinner opposed the bill. A copy of the letter requesting the Governor's veto is attached.
CONSEQUENCE OF NEGATIVE ACTION:
If the Governor signs the bill, the Board's current ability to manage the capacity of the Keller Canyon Landfill by
limiting importation of solid waste from outside the county will be eliminated.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
AB 845
Letter Requesting Veto
KCL Tons Disposed_In -vs- Out of County
010000020000030000040000050000060000070000080000090000010000002003 2004 2005 2006 2007 2008 2009 2010 2011Waste Materials Disposed at Keller Canyon Landfill from Within and Outside Contra Costa County, 2003‐2011Contra Costa CountyOther Counties
AMENDED IN SENATE AUGUST 14, 2012
AMENDED IN ASSEMBLY MAY 10, 2011
california legislature—2011–12 regular session
ASSEMBLY BILL No. 845
1 Introduced by Assembly Member Ma
February 17, 2011
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An act to amend Section 40002 of, and to add Section 2704.76 to the
Streets and Highways Code, relating to transportation 40059.3 to, the
Public Resources Code, relating to solid waste.
legislative counsel’s digest
AB 845, as amended, Ma.Transportation: bond funds. Solid waste:
place of origin.
The California Integrated Waste Management Act of 1989 allows
each county, city, or district to determine aspects of solid waste handling
that are of local concern and the means by which the services are to
be provided.
This bill would prohibit an ordinance enacted by a city or county,
including an ordinance enacted by initiative by the voters of a city or
county, from otherwise restricting or limiting the importation of solid
waste into a privately owned solid waste facility in that city or county
based on place of origin. The bill would provide that this prohibition
does not require a privately owned or operated solid waste facility to
accept certain waste, does not allow a privately owned solid waste
facility to abrogate certain agreements, does not prohibit a city, county,
or regional agency from requiring a privately owned solid waste facility
to guarantee permitted capacity to a host jurisdiction, and does not
otherwise supersede or affect the land use authority of a city or county.
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Existing law, the Safe, Reliable High-Speed Passenger Train Bond
Act for the 21st Century, provides for the issuance of $9.95 billion in
general obligation bonds for high-speed rail and related purposes,
including $950 million to be allocated by the California Transportation
Commission to eligible recipients for capital improvements to intercity
and commuter rail lines and urban rail transit systems in connection
with or otherwise related to the high-speed train system. Of this amount,
80% is to be allocated to eligible commuter and urban rail recipients
based on track miles, vehicle miles, and passenger trips pursuant to
guidelines to be adopted by the commission. A dollar-for-dollar match
is to be provided by a commuter and urban rail recipient for bond funds
received.
This bill would require the guidelines adopted by the commission to
determine the funding share for each eligible commuter and urban rail
recipient to use the distribution factors gathered from the 2007 Data
Tables of the National Transit Database of the Federal Transit
Administration. The bill would require the commission to accept from
each eligible recipient a priority list of projects up to the target amount
expected to be available for the recipient and would require matching
funds provided by the recipient to be from nonstate funds. The bill
would define “nonstate matching funds” for purposes of these bond
fund allocations to mean local, federal, and private funds, as well as
state funds available to an eligible recipient that are not subject to
allocation by the commission.
Vote: majority. Appropriation: no. Fiscal committee: yes no.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 40002 of the Public Resources Code is
amended to read:
40002.(a) As an essential part of the state’s comprehensive
program for solid waste management, and for the preservation of
health and safety, and the well-being of the public, the Legislature
declares that it is in the public interest for the state, as sovereign,
to authorize and require local agencies, as subdivisions of the state,
to make adequate provision for solid waste handling, both within
their respective jurisdictions and in response to regional needs
consistent with the policies, standards, and requirements of this
division and all regulations adopted pursuant to this division.The
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provisions of this This division, which authorize and require
authorizes and requires local agencies to provide adequate solid
waste handling and services, and the actions of local agencies taken
pursuant thereto to this division, are intended to implement this
state policy.
(b) The Legislature further declares that restrictions on the
disposal of solid waste that discriminate on the basis of the place
of origin of the waste are an obstacle to, and conflict with,
statewide and regional policies to ensure adequate and appropriate
capacity for solid waste disposal.
SEC. 2.Section 40059.3 is added to the Public Resources Code,
to read:
40059.3.(a) An ordinance adopted by a city or county or an
ordinance enacted by initiative by the voters of a city or county
shall not restrict or limit the importation of solid waste into a
privately owned facility in that city or county based on the place
of origin.
(b) This section does not do any of the following:
(1) Require a privately owned solid waste facility or privately
operated solid waste facility to accept solid waste from outside
the city or county where the facility is located.
(2) Allow a privately owned solid waste facility to abrogate a
written agreement guaranteeing permitted capacity to a host
jurisdiction, including a regional agency.
(3) Prohibit a city, county, or regional agency from requiring
a privately owned solid waste facility to guarantee permitted
capacity to a host jurisdiction, including a regional agency.
(4) Supersede or otherwise affect the land use authority of a
city or county, including, but not limited to, planning, zoning, and
permitting, or an ordinance lawfully adopted pursuant to that land
use authority.
SECTION 1.Section 2704.76 is added to the Streets and
Highways Code, to read:
2704.76.(a) For the guidelines adopted by the commission
pursuant to paragraph (3) of subdivision (a) of Section 2704.095,
the funding share for each eligible recipient shall be determined
using the distribution factors gathered from the 2007 Data Tables
of the National Transit Database of the Federal Transit
Administration.
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AB 845— 3 —
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(b) The commission shall accept from each eligible recipient a
priority list of projects up to the target amount expected to be
available for the recipient. Each project shall meet the criteria set
forth in subdivisions (c) to (j), inclusive, of Section 2704.095. The
commission shall require that the matching funds to be provided
by each eligible recipient pursuant to subdivision (f) shall be
nonstate funds. The nonstate matching funds shall be matched to
the phase programmed with bond funds made available pursuant
to Section 2704.095. The match for commuter and urban rail
projects shall begin with the expenditures that date from the
adoption of the program for expenditure of these bond funds.
(c) For the purposes of this section, “nonstate funds” means
local, federal, and private funds, as well as state funds available
to an eligible recipient that are not subject to allocation by the
commission.
O
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