BILL ANALYSIS Ó AB 384 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 384 (Chesbro) As Amended June 28, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |70-0 |(May 12, 2011) |SENATE: |37-0 |(July 11, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: B., P. & C.P. 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 (JDSF) to develop a solid waste transfer station, as part of a three-way property transfer set at fair market value. The Senate amendments : 1)Require the City or County to indemnify the state against any liability from injury or contamination on the Caspar Landfill property once the property is transferred to the state. 2)Require the Department of Parks and Recreation (DPR) to authorize the county to access the Caspar Landfill to monitor the property and groundwater to ensure that there is no leakage or contamination from the landfill. EXISTING LAW : 1)Authorizes the DGS (Department of General Services), 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 Department of Forestry and Fire Protection (CAL FIRE) to engage in the management, protection, and reforestation of state forests. 3)Authorizes DPR to have control of the state park system. AS PASSED BY THE ASSEMBLY , this bill authorized the City and County to acquire up to 17 acres of the JDSF to develop a solid AB 384 Page 2 waste transfer station, as part of a three-way property transfer set at fair market value. FISCAL EFFECT : According to the Senate Appropriations Committee, unknown costs, likely in the hundreds of thousands, fully reimbursed. COMMENTS : According to the author, "This bill would authorize ÝCAL FIRE], ÝDPR], the County, and the City, to engage in a triple land swap in order for the County to build a new solid waste transfer station on the JDSF property." The City and County are looking for a site to build a commercial 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, must collect trash in Waste Management 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, 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 Yard to the PHL. The City and County are looking for a site to build a local transfer station to eliminate inefficiencies in costs, fuel consumption, and emissions, and to directly haul trash from the Fort Bragg area to the PHL without stopping at the WTS. The Mendocino Solid Waste Authority remarks that a new transfer station would result in an annual cost savings of $162,563. The City has been looking for a site for a local transfer station. While the Caspar Landfill is a viable option, it is in close proximity to a residential neighborhood, poses a potential public nuisance by bordering state park, and has unsatisfactory and unfixable access roads. Right now, the Caspar Landfill is a small-volume self-haul landfill for residents only. A siting study identified 17 acres of JDSF as a prime location because the land has no timber crop, recreational function, or adjoining uses that would conflict with a transfer station. The City, County, CAL FIRE, and DPR have had positive conversations about the benefits of a three-way land transfer. AB 384 Page 3 This bill authorizes the land transfers at fair market value, and allows each party, pending completion of the appraisals, to compensate for the difference in value to complete the deal or to reject the deal altogether. This bill, as amended in the Senate, is consistent with Assembly actions. Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301 FN: 0001457