BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 384|
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THIRD READING
Bill No: AB 384
Author: Chesbro (D)
Amended: 6/28/11 in Assembly
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM : 9-0, 06/14/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : 8-0, 06/27/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Steinberg
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 70-0, 05/12/11 - See last page for vote
SUBJECT : State forest land: Jackson Demonstration State
Forest
SOURCE : Mendocino Solid Waste Management Authority
DIGEST : This bill authorizes a three-way property
transfer involving the state and either Mendocino County or
the City of Fort Bragg. This bill authorizes the City of
Fort Bragg or the County of Mendocino to acquire 17 acres
of the Jackson Demonstration State Forest from the
Department of Forestry and Fire Protection for the
development of a new transfer station.
ANALYSIS : Existing law:
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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 California Department of Forestry (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 the Department of Parks and Recreation (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.
This bill:
1.Authorizes DGS to effectuate a three-way land exchange,
at fair market value, that would:
A. Grant the City or County a five-year option to
acquire 17 acres of CDF's Jackson Demonstration State
Forest for the development of a solid waste transfer
station.
B. Grant CDF a 12.6 acre parcel of DPR's Russian Gulch
State Park, which will become part of the Jackson
Demonstration State Forest.
C. Grant DPR (1) 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, currently a closed landfill
and small volume solid waste transfer station, and (2)
a 99-year option to purchase 35 acres of the Caspar
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Landfill property for $1.
1.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
and to reimburse the state for reasonable administrative
costs incurred to complete the transfer of title.
2.States that if the state exercises the option to purchase
the westernmost 35 acres of the Caspar Landfill property,
the city or county shall indemnify the state against any
liability that arises for any injury caused by, or any
remediation required by, and contamination on the Caspar
Landfill property that is transferred to the state.
3.States that DPR shall authorize access to the property,
as described, to the county in order for the county to
perform monitoring, including monitoring of ground water
to ensure that there is no leakage or contamination from
the landfill.
Background
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.
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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. The proposed facility
would use 17 acres of Jackson State Demonstration Forest
land.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
State agency admin. costs unknown costs, likely in the
hundreds of Various
thousands, fully reimbursed
SUPPORT : (Verified 6/27/11)
Mendocino Solid Waste Management Authority (source)
County of Mendocino
Associated California Loggers
Sierra Club California
ARGUMENTS IN SUPPORT : According to supporters, 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 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.
ASSEMBLY FLOOR : 70-0, 05/12/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
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Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino,
Torres
CTW:nl 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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