BILL ANALYSIS Ó AB 385 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 385 (Chu) - As Amended April 29, 2015 ----------------------------------------------------------------- |Policy |Local Government |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Natural Resources | |9 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill would require the local enforcement agency (LEA) that has jurisdiction over the Newby Island Landfill to create a Newby Island Landfill Community Advisory Committee (Committee). AB 385 Page 2 Specifically, this bill: 1)Requires the Committee to be comprised of representatives from each neighboring municipality within one mile of the Newby Island Landfill, the LEA that has jurisdiction over the Newby Island Landfill, the Bay Area Air Quality Management District (BAAQMD), on behalf of the Newby Island Landfill operator, and two members of the public. 2)Requires the Committee to hold a public meeting at least every six months to discuss issues related to the Newby Island Landfill Expansion. 3)Requires the Committee to receive information related to an independent odor study, if one is completed, and allows the Committee to make recommendations to the member agencies of the Committee. 4)Sunsets the bill's provisions on December 31, 2018, unless a later statute extends the date. FISCAL EFFECT: Potentially reimbursable one-time state mandated local costs, likely minor, for the LEA to establish and operate the Committee. AB 385 Page 3 COMMENTS: 1)Purpose. According to the author, "Newby Island Landfill in San Jose, California has posed significant problems for Milpitas and Fremont, the cities that are adjacent to the landfill. The primary problem is the noxious odor from the landfill. Residents contend that the odors prevent them from going outside and many are forced to stay indoors with windows and doors closed. Many also contend their health has suffered and that they are concerned for the future health of their children as a result of odor emissions from Newby Island. They further maintain that the odors have caused their property values to decrease." The City of San Jose Local Enforcement Agency (LEA) is in the process of securing permits for the expansion of Newby Island Landfill. This bill seeks an additional forum for adjacent local governments and others impacted by the expansion to voice their concerns regarding the operation of the landfill and its proposed expansion. 2)Background. According to CalRecycle, the Newby Island Landfill is situated on a 342 acre site located in the City of San Jose, and has been used as a landfill since the 1930s. It was annexed into the City of San Jose as an operating landfill in 1968. The Solid Waste Facilities Permit (SWFP), issued on March 14, 1997, allows for a maximum receipt of 4,000 tons per day (TPD) of waste disposed and an equivalent of 4,000 TPD maximum traffic volume. In December 2014, CalRecycle, the state agency overseeing landfill operation permits, received a proposed permit from the LEA for Newby Island Landfill, asking for CalRecycle's concurrence. For several months, both the LEA and CalRecycle received written opposition to the project from local agencies AB 385 Page 4 and the public. In addition, CalRecycle held several public hearings where the public testified in opposition to the project. On February 5, 2015, CalRecycle concurred with the issuance of a revised SWFP for the Newby Island Landfill allowing for several operational/design changes, including increased maximum height and design capacity, and a 16 year extension of the closure date. CalRecycle notes that the majority of the opposition was regarding odor and air quality issues. Regulating or enforcing odor standards is the responsibility of the BAAQMD. Recently, BAAQMD convened the South Bay Odor Stakeholders Group to "provide a forum for industry, regulatory, and community collaboration in identifying and resolving odor issues in the South Bay Area." The group includes the Cities of San Jose, Fremont, and Milpitas, the San Jose LEA, the State Water Resources Control Board, CalRecycle, Republic Services (which owns the landfill), San Jose STP, Zero Waste Energy Development, Bay Restoration Projects, and members of the affected communities. This bill seeks to provide an additional forum for local agencies to voice concerns regarding the Newby Island Landfill. AB 385 Page 5 Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081