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HomeMy WebLinkAboutMINUTES - 03231993 - 1.43 i z13 P. TO: BOARD OF SUPERVISORS yF L Contra FROM: Phil Batchelor, County Administrator r.. Costa County �• '< March 19, 1993 ��ti:>._ DATE: Co SUBJECT: AMENDMENT TO THE 1993 LEGISLATIVE PROGRAM TO ADJUST ITEM #22 REGARDING STATE APPROVAL OF PENDING INTEGRATED WASTE MANAGEMENT PLANS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Amend the Board' s 1993 Legislative Program ( Item #22) to simply require that the State act on Contra Costa County' s Integrated Waste Management Plan (AB 939 Plan) on the basis of State statutory authority as it existed on January 1, 1993 . BACKGROUND: Item #22 in the Board' s 1993 Legislative Program reads. as follows : 22 . State approval of County Integrated Waste Management (AB 939 ) Plans - Sponsor amendments to AB 3001 of 1992 to permit this County and others similarly situated to have their AB 939 Plans approved by the State and therefore to become effective. Delay the requirement for completion of a nondisposal facility element to the Plan until the Plan is first amended after having been approved. Contra Costa County and other counties have spent a great deal of time and money preparing their Integrated Waste Management (AB 939) Plans . This year, legislation was enacted that requires the preparation of a separate Non- Disposal Facility Element for the AB 939 Plan by each city and the approval and submission of that Element to the County for inclusion in the AB 939 Plan and CONTINUED ON ATTACHMENT: X YES SIGNATURE: TRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L�APPROVE OTHER SIGNATURE S CyaIZ& ACTION OF BOARD ON March 23 ,: 1993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN .. AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISOR THE DATE SHOW' ATTESTED Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Community Development Director Louise Aiello, AB 939 Project Coordinator _ County Counsel BY DEPUTY -2- effectively excludes such a facility from review by the County. This will hamper this County' s ability to obtain State approval of its AB 939 Plan. It is recommended that the County pursue legislation which would allow the preparation and submission of the Non-Disposal Facility Element to be delayed until the Plan is first amended after having been approved by the State. This will allow time to prepare such an Element and will avoid delay in the State' s approval of the County' s AB 939 Plan. Assemblyman Sher has introduced AB 440 as a vehicle which could accomplish speeding up the review process . Some cities have objected to this portion of the Board's legislative program and to any actions which would provide for the review and approval by the County and a majority of the cities in the County of city' s nondisposal facility element. Therefore, it has been suggested that without changing any of the approval or non-approval requirements in current law, the Board of Supervisors simply seek to be exempted from the provisions of AB 440 and any other solid waste legislation being introduced in 1993. The effect of such action would be to allow the State Integrated Waste Management Board to act on Contra Costa County's already submitted plans in accordance with laws in existence as of January 1, 1993 only so Contra Costa County and its cities can move forward. It is, therefore, recommended that this change be made to the text of the Board' s 1993 Legislative Program.