BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2011-2012 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 384 HEARING DATE: June 14, 2011 AUTHOR: Chesbro URGENCY: No VERSION: April 5, 2011 CONSULTANT: Bill Craven DUAL REFERRAL: No FISCAL: Yes SUBJECT: State forest land: Jackson Demonstration State Forest. BACKGROUND AND EXISTING LAW Existing law requires the Department of Parks and Recreation (DPR) to control and manage the state parks system. A separate provision of the Resources Code vests the management of state demonstration forests in the Department of Forestry and Fire Protection (CDF). The Mendocino Solid Waste Management Authority (MSWMA) provides solid waste management, recycling, and disposal services throughout the county and was created as joint powers of authority by the county and three municipalities. MSWMA currently contracts with Waste Management, a large private waste hauler, to take solid waste from Ft. Bragg to Willits, where the waste is reloaded and transferred to a landfill at Potrero Hills, in Suisun City, in Contra Costa County. This is not only inefficient, but the equipment used on the first leg of the trip from Ft. Bragg to Willits uses equipment that is no longer serviceable or otherwise available. MSWMA operates a self-haul transfer station at a closed landfill located south of Ft. Bragg near the Russian Gulch State Park. Access is through an intersection that CalTrans considers unsatisfactory and that local residents want to cease operating. MSWMA paid for a siting study to locate a possible long-haul transfer station and the preferred location is on Highway 20 east of Fort Bragg at an isolated corner of the Jackson State Demonstration Forest (JSDF). The proposed facility would use 17 1 acres of JSDF land. The purpose of the bill is to authorize a three-way land swap between CDF, DPR, and Mendocino County and Fort Bragg. PROPOSED LAW The bill authorizes the Department of General Services (DGS) to effectuate a three-way land exchange, at fair market value, that would: 1. Grant the City or County a five-year option to acquire 17 acres of the CDF's Jackson Demonstration State Forest for the development of a solid waste transfer station. 2. Grant CDF a 12.6 acre parcel of the Department of Parks and Recreation's (DPR's) Russian Gulch State Park, which would become part of the JDSF. 3. 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 Russia Gulch State Park (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. The bill would also requires the local governments to reimburse the state for any difference in the appraisal value of the exchanged asset if the state receives less value in the exchange and to reimburse the state for reasonable administrative costs incurred to complete the transfer of title. MSWMA would be required to complete an environmental review pursuant to the California Environmental Quality Act. If the bill is enacted, the local governments would complete the siting process, go through CEQA, and designate a preferred alternative site. An EIR would be prepared. Upon certification of the EIR, final site selection would occur, and at that point, the city and county would exercise the option if the Jackson State Demonstration Forest site had been selected. ARGUMENTS IN SUPPORT According to the author and sponsor, this three-way swap would benefit all the parties: The state forest would get higher quality timberland than it currently has with some relatively unproductive lands now in the state forest. DPR would benefit because it has opposed the operations at Caspar, adjacent to Russian Gulch State Park, and it would be granted favorable 2 terms to add to the park. The local governments would benefit because a new transfer station would satisfy many of their immediate and longer-term waste hauling problems. The California Board of Forestry and Fire Protection has endorsed the land transfer that affects the Jackson State Demonstration Forest. ARGUMENTS IN OPPOSITION None received SUPPORT County of Mendocino Associated California Loggers Sierra Club California OPPOSITION None Received 3