HomeMy WebLinkAboutMINUTES - 06111985 - 1.27 To: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County Administrator
Costa
DATE: June 3 , 1985 County
SUBJECT: Legislation: AB ,703 (Johnston)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Approve the report of the Hazardous Materials Committee
relating to AB 703 by Assemblyman Pat Johnston regarding the
right of the Public Utilities Commission to regulate the
parking of railroad tank cars containing hazardous materials,
and authorize the Chairwoman to send a letter to Assemblyman
Johnson requesting amendments to AB 703.
BACKGROUND:
On April 9, 1985 , the Board asked the County' s Hazardous
Materials Committee to review and provide the Board with its
recommendations regarding AB 703.
The Hazardous Materials Committee has now responded. Their
report raises a number of valid questions regarding the intent
of AB 703 and the practical effect of its passage. It is,
therefore, recommended that the Board authorize the Chairwoman
to share these questions and concerns with Assemblyman Johnston
and request that he consider amending AB 703 to respond to
these questions.
CONTINUED ON ATTACHMENT: YES SIGNATURE: L/�O�V�
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER r
SIG NAT URE(S)
ACTION OF BOARD ON June 1 1 , 1985 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: _ NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: . ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Count/ Administrator OF SUPERVISORS ON THE DATE SHOWN.
CC:
Chief William Maxfield ATTESTED 6
Consolidated Fire Dist. and
Chairman, Haz. Materials Committee PHJBATCHELOR, CLERK OF THE BOARD OF
Director, OES SUPERVISORS AND COUNTY ADMINISTRATOR
M3e2/7-e3 BY � D�K>[_AA DEPUTY
GO�gRA CosT'.
`iuxr`
CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT,
JA's
LID'
D19T��G�
FIRE CHIEF BOARD OF FIRE COMMISSIONERS
William F.Maxfield Albert J.Gray
2010 Geary Road Ricliand:F:Holmes°
Pleasant Hill,California 94523-4694 Donald J:MiC16tOih_:
May 16 , 1985 11algid E Wild
TELEPHONE(415)930-5500 1185
T0: Claude L. Van Marter, Adin,-;j7istrcitor
Assistant County Administrator
FROM: William F. Maxfield, Fire Chief *4 '
Chairman, Hazardous Materials Committee
SUBJECT: AB 703 (Johnston) ; Railroad Corporations, Tank Cars
The Hazardous Materials Committee reviewed AB 703 as requested by
the Board of Supervisors. The general consensus of the Committee
was that AB 703 is poorly written legislation that should not be
supported in its present form.
AB 703 fails to clearly identify the problem which it is intended
to correct. Depending on whatever purpose, many unanswered questions
exist with the Bill :
1. Is the purpose to give local jurisdictions authority over local
storage? Will this result in cities and counties precluding
local storage, thereby transferring the problem to another
jurisdiction?
2. Is the issue inventory control? If so, is there a distinction
between industrial on-site vs. storage on the public right-of-
way and will this result in mandatory controls on industry
storage?
3. Is the problem one of public exposure in a densely populated
area? Why, then, is the threat considered acceptable for 21
days and what assurance is there the threat will be removed
and not just transferred atter 21 days?
4. Should the substances and quantities .that need to be restricted
be included in this Bill? A sample of hazardous materials to
be considered would include:
a. Flammable and combustible materials..
b. Flammable vapors. andheavier gas materials.
c. Pyrophoric materials.
d. Reactive materials.
e. Corrosive materials.
f. -Toxic materials.
g. Odorous materials.
Serv/ng the commun/tles of Gayton,Concord, Lafayette,Mart/nez,Pleasant Hlll,
W../...../•.�.� ..wA enwu unln�ni.vfm/ed County ef[RS .
-2-
h. Heat or shock sensitive materials.
i. Radioactive materials.
j . Poisonous materials.
Overall, the Committee 's response to AB 703 were questions regarding
the intention of the Bill and the major concern regarding the
unclear language of the regulatory intent of the Bill. As a result
of the initial review of the Bill, the group concurred with my
appointment of a sub-committee to monitor the Bill and report back
with appropriate recommendations.
WFM:ps
cc: Members, Hazardous Materials Committee