BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 384
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 384 (Chesbro)
          As Amended  June 28, 2011
          Majority vote
           
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          |ASSEMBLY:  |70-0 |(May 12, 2011)  |SENATE: |37-0 |(July 11,      |
          |           |     |                |        |     |2011)          |
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           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
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          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
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          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 


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