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Home My WebLink AboutMINUTES - 03301993 - 1.13 1 -13 TO: BOARD OF SUPERVISORS Contra Phil Batchelor, County Administrator = J ` FROM: Costa_Oct V V Count March 23 1993 DATE: i SUBJECT: LEGISLATION: AB 1034 (Campbell) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Acknowledge that the Board of Supervisors is the SPONSOR of AB 1034 by Assemblyman Campbell, which would provide the State, additional time within which to review and act on counties ' Hazardous Waste Management Plans . BACKGROUND: The Board of Supervisors ' 1993 Legislative Program includes the following proposal : 24 . Protect Tanner Plan agreements on "Fair Share" in the Bay Area - Sponsor or support the efforts of others to require State agencies to act on pending Hazardous Waste Management (Tanner) Plans. Contra Costa County has one of the few State-approved Hazardous Waste Management (Tanner) Plans . Contra Costa County has also entered into agreements with the other Bay Area counties as a part , of a regional effort initiated by ABAG, whereby counties in the Bay Area would cooperate in providing for the hazardous. waste needs of the entire region, without the need for each county to separately provide for its own hazardous waste needs . However, many counties in California either did not submit plans by the statutory deadline, or had their plans rejected by the State and did not resubmit amended plans within the statutory deadline. The State Department of Toxic Substances Control has decided that it does not have the authority to approve any plans which were not Q� CONTINUED ON ATTACHMENT: X YES SIGNATURE: 2 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S: Z/-L ACTION OF BOARD ON March 0, 1993 APPROVED AS RECOMMENDED OTHER. VOTE OF SUPERVISORS r �! 1 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 SUPERVISOR4,Or THE DATE SH 30WN. ATTESTED Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY -2- submitted or resubmitted within the existing statutory deadlines . It appears that legislation will be necessary to order for the Department to act on those plans which are pending or to extend the deadline for any county to submit or resubmit its plan and then for the Department to review and act on the plan. It is in Contra Cost County' s interests to have at least the other jurisdictions in the Bay Area (ABAG counties) have their plans approved so that the inter-jurisdictional agreements ( "Fair Share" language) Contra Costa County has entered into with the other counties can be implemented. These agreements can only be implemented if the involved jurisdictions all have approved Hazardous Waste Management Plans. As a result, Assemblyman Campbell has introduced AB 1034 on behalf of Contra Costa County. AB 1034, as introduced, extends the deadline for submission of the plans to the State until April 1, 1994; the State' s deadline for review of the draft plan until June 1, 1994; submission of the final plan until July 1, 1994; and for the State review of the final plan until September 1, 1994 . The State Department of Toxic Substances Control will probably object to these deadlines on the basis that they believe it will cost them additional money and staff to review the plans . We are, therefore, prepared to restrict the application of the bill to those counties which are within the ABAG region, which will substantially reduce the number of plans which may have to be reviewed. Amendments to AB 1034 are being prepared for this purpose in conjunction with ABAG. In view of the fact that AB 1034 implements a portion of the Board' s 1993 Legislative Program, it is appropriate for the Board to indicate that it is the SPONSOR of AB 1034 . cc: County Administrator Health Services Director County Counsel Community Development Director Barbara Masters, Staff to the Hazardous Materials Commission Les Spahnn; Heim, Noack, and Spahnn r ,. . r o SENATE BILL eo. 672 Introduced by Senator Greene March 3, 1993 An act to add Section 4703.2 to the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST SB 672, as introduced, Greene. Property taxation. Existing law enables a county to adopt procedures utilizing a property tax losses reserve fund to cover losses which may occur in the amount of tax liens as a result of special sales of tax-defaulted property. Under existing law, whenever the property tax reserve fund reaches 4%, or in certain cases 3%, of the total of all property taxes and assessments levied that year on the secured roll, the moneys thereafter authorized to be credited to that fund are instead transferred to the county's general fund. This bill would,as an alternative, permit a county to elect, as specified, instead to maintain the property tax losses reserve fund at a level of 50% of the total delinquent secured taxes and assessments, and to credit any excess in that fund at the end of the fiscal year to the county's general fund. 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 4703.2 is added to the Revenue 2 and Taxation Code, to read: 3 4703.2. (a) In any county electing to follow the 4 procedure authorized by this chapter, the board of 5 supervisors may, by July 15 of any fiscal 'year, on the 6 recommendation of the county auditor, adopt a 7 resolution electing to be governed by this section rather 99 100 4 SB 672 —2 - 1 -2 -1 than the provisions of Section 4703. Upon adoption, a 2 copy of this resolution shall be filed with the county 3 auditor, the county treasurer, and the county tax 4 collector. This election shall remain in effect each fiscal 5 year unless the board of supervisors adopts another 6 resolution by July, 15 of a fiscal year electing to be 7 governed instead by Section 4703. For the 1993-94 fiscal 8 year only, the election to be governed by this section 9 rather than Section 4703 may be made no later than 10 January 15, 1994. 11 (b) In each county which elects to adopt the 12 procedure authorized by this chapter and elects to be 13 governed by this section rather than Section 4703 there 14 shall be created a tax losses reserve fund. 15 (c) The tax losses reserve fund shall be used 16 exclusively, as hereinafter provided, to cover losses which 17 may occur in the amount of tax liens as a result of special 18 sales of tax-defaulted property. In a county electing to be 19 subject to this section rather than Section 4703, the tax 20 losses reserve fund shall be maintained at not less than 50 21 percent of the total delinquent secured taxes and 22 assessments as calculated at the end of the fiscal year. At 23 the end of the fiscal year, amounts in the fax losses 24 reserve fund that are in excess of 50 percent of the total 25 delinquent secured taxes and assessments shall be 26 credited to the county general fund. 27 (d) The auditor ,md treasurer shall keep apportioned 28 tax resources accow:its in such a manner that the balance 29 of amounts apportioned to funds on an accrual basis shall 30 be known by both officers. In addition, the auditor shall 31 keep secured taxes receivable accounts in such a manner 32 as to establish accountability for the amounts receivable 33 on the secured tax rolls. Secured tax rolls as used in this 34 chapter include delinquent rolls prescribed by Section 35 2627. O 99 110