BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2011-2012 Regular Session                    |
          |                                                                 |
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          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 
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          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 
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          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





























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