BILL ANALYSIS Ó
AB 384
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Date of Hearing: April 25, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 384 (Chesbro) - As Amended: April 5, 2011
SUBJECT : State forest land: Jackson Demonstration State Forest
SUMMARY : Authorizes the City of Fort Bragg (City) and the
County of Mendocino (County) to acquire up to 17 acres of the
Jackson Demonstration State Forest to develop a long-haul
transfer station for solid waste management as part of a
three-way land exchange involving the California Department of
Forestry and Fire Protection (CDF) and Department of Parks and
Recreation (DPR).
EXISTING LAW :
1)Authorizes the Department of General Services (DGS), subject
to legislative approval, to sell, lease, exchange, or transfer
various specified properties for current market value, or upon
terms and conditions as DGS determines are in the state's best
interests.
2)Authorizes the CDF to engage in the management, protection,
and reforestation of state forests. CDF's management must be
in conformity with forest management practices designed to
achieve maximum sustained production of high-quality forest
products while giving consideration to values relating to
recreation, watershed, wildlife, range and forage, fisheries,
and aesthetic enjoyment.
3)Authorizes DPR to have control of the state park system.
4)Prohibits the Legislature from making any gift or authorizing
the making of any gift, of any public money or thing of value
to any individual, municipal, or other corporation.
THE BILL :
1)Authorizes DGS to effectuate a three-way land exchange set at
fair market value that would:
a) Grant the City or County an option to acquire
AB 384
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approximately 17 acres of CDF's Jackson Demonstration State
Forest for the development of a solid waste transfer
station. Upon purchase and the opening of a solid waste
transfer station at this site, solid waste delivery and
acceptance will be required to cease at the City and
County's Caspar landfill property located by the Russian
Gulch State Park.
b) Grant CDF a 12.6 acre section of DPR's Russian Gulch
State Park, which will be required to become part of the
Jackson Demonstration State Forest.
c) Grant DPR (i) a covenant restricting the use and
activities on 60 acres of the City and County's Caspar
Landfill property located on the boundary of the Russian
Gulch State Park, which is currently a closed landfill and
small volume solid waste transfer station, and (ii) a 99
year option to buy 35 acres of the Caspar Landfill property
for $1.
2)Requires the City or County to reimburse the state for any
difference in the appraisal value of the exchanged asset if
the state receives less value in the exchange; reimburse the
state for reasonable administrative costs incurred to complete
the transfer of title; and be responsible for compliance with
the California Environmental Quality Act.
FISCAL EFFECT : Unknown
COMMENTS :
1)Need for a Long-Haul Transfer Station. The City and County
are looking for a site to build a long-haul transfer station
for solid waste management. Currently, the Fort Bragg area
does not have a long-haul transfer station, and in order to
dispose of its trash for its 15,000 residents, it must collect
trash in Waste Management's (WM) short-haul collection trucks
that use detachable pods. Each pod holds up to five tons of
trash, first collected at the Fort Bragg Haulers Yard, then
detached and transported three-at-a-time, in 15-ton trips,
over 30 miles to the Willits Transfer Station (WTS). The
solid waste is dumped, repackaged, and reloaded once more in
transfer trailers carrying 25 tons to its final destination at
the Portero Hills Landfill (PHL) in Solano County. The entire
journey is approximately 120 miles from the Fort Bragg Haulers
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Yard to the PHL. This process is extremely inefficient in
terms of costs, fuel consumption, and emissions.
Additionally, the WM pod collection trucks are no longer
manufactured and current pod trucks are operating with
scavenged parts, and could cease operation at any time. If
this occurs, solid waste will have to be hauled even less
efficiently to the WTS and annual costs would rise
substantially.
The WM contract is set to expire in 2014 and the City and
County would like a new long-haul transfer station open by
that date.
2)Three-Way Land Exchange. The Mendocino Solid Waste Management
Authority (Authority) paid for a long-haul transfer station
siting study in 2007. The study identified a 17 acre section
of the Jackson Demonstration State Forest as a prime
candidate. This section is isolated from the rest of the
forest, has no timber significance or recreational function,
is situated along the "road out" of the area so vehicle miles
are minimized, has no adjoining uses that conflict with a
transfer station, and has heavy vegetation that would screen
it from neighboring properties.
According to the Authority, the only viable alternative
involves building the transfer station on the closed Caspar
landfill, which is located next to the Russian Gulch State
Park. The problems with this alternative is that DPR would
likely oppose the project, the surrounding infrastructure is
not suitable for heavy truck traffic, and vehicle miles and
fuel consumption would be higher than at the Jackson
Demonstration State Forest site.
After discussions between the County, City, CDF, DPR, a plan
emerged for a three-way land exchange-the plan proposed in the
bill. On April 7, 2010, CDF adopted a resolution supporting
the land exchange proposal. CDF would receive 12.66 acres
from the Russian Gulch State Park, which has more timber
potential than the land it would transfer in the exchange.
DPR is also satisfied with the exchange as it would receive a
restrictive covenant prohibiting any undesirable uses on the
entire 60 acre Caspar landfill property, as well as a 99 year
option with a price of $1 to purchase a 35 acre non-landfill
portion of the Caspar site.
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DGS has been involved with the negotiations regarding the
three-way land exchange to ensure that the exchange is in the
best interest of the state and that the state receives fair
market value for the lands transferred to the City or County.
On April 12, 2011, the bill was passed on consent by the
Assembly Committee on Business, Professions and Consumer
Protection.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092