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
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|Policy |Local Government |Vote:|9 - 0 |
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| |Natural Resources | |9 - 0 |
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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).
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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.
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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
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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
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Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081