BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 385


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          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.















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          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081