Minutes of Swana California Legislative

MINUTES OF SWANA CALIFORNIA LEGISLATIVE

TASK FORCE MEETING

March 22, 2007

By: Mark Urquhart, Secretary

The Legislative Task Force (LTF) meeting started at about 10:00AM. A quorum was present as there were elevenvoting members present, and at least one voting member from each chapter. A list of people that participated is in Attachment A. The agenda is Attachment B.

I.BUSINESS ITEMS AND LTF ACTIVITIES

Minutes from February 1, 2006 and March 1, 2006 Telephone meetings

At the beginning of the meeting Scott Johnstonasked if there were any comments from the draft minutes from the February 1 and March 1, telephone meetings (both circulated prior to meeting via email).There were none.

Motion:

Mike Mohajer made a motion to approve both the minutes from the February 1, 2006 and March 1, 2006 telephone meetings. John Gulledge seconded the motion. The motion carried, as all were in favor.

Treasurer’s Report

John Abernethy handed out and discussed a report on the LTF account, dated March 22, 2007 (Attachment C). He said as of that date there was a balance of $41,270.17.

Western Regional Symposium (WRS)

Paul Yoderasked if there were any new thoughts since last meeting on speakers. After some discussion it was decided that the LTF should try to invite a panel of speakers. What appears to be of most importance are the issues surrounding the next steps for waste diversion from landfills, given that the state is at 52 percent and there is pending legislation to increase the diversion goal. Other issues, such as illegal dumping were brought up. The names of potential panelists discussed included Jeff Danzinger, Nancy Sutley, Greg Smith, and Ken Stewart (illegal dumping). Paul Yoder will follow up with an email to get more input on potential panelists.

IILEGISLATION

Paul Yoder discussed the followingfrom the agenda and a table of LTF tracked legislation that was distributed via email prior to the meeting.

SB 1020 (Padilla) – Would increase the landfill diversion rate to 75 percent by 2012. Paul Yoder indicated that Kip Lipper, legislative assistant, is involved in drafting of the bill and has told Paul “don’t get caught up on the numbers”. The LTF discussed that a position should be crafted that supports the concept of increased diversion, with a discussion of items that need to be considered in the bills. The items discussed included but was not limited to the following:

• Program and not always numbers should be usable in determining compliance
• The penalties should be dropped
• Consumer and manufacturer responsibility need to be included
• The responsibility for diversion needs to be spread to the commercial sector
• The date for compliance by 2012 being discussed needs to be extended
• Diversion credit need to be clarified and included for conversion technologies
• Consideration needs to be given to rural jurisdictions

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It was discussed that the above list is not exhaustive and that previous LTF letters can be used as a starting point for drafting a position.

SB 1016 (Wiggins) – Would enact an alternative compliance system that would allow AB 939 compliance to be achieved using achievement of programs rather than numbers. Paul Yoder said he was going to check with the author’s office to make sure that this method would in fact be an alternative option to counting diversion percentages. There was considerable discussion as to whether programs compliance should be allowed. There was not full agreement on this issue in that a concern was voiced that program compliance would not compel some jurisdictions to the same level of effort as others. It was discussed that having an option for programs based compliance is a stated goal of the LTF workplan. It was also discussed that the language in the bill needs to be modified. It was decided that the LTF should support the bill, if amended. Specifically, it was discussed that language needs to be included that specifically allows that SRRE’s, which would be the measure for program compliance, can be modified over time for what programs are found to actually work the best.

The following table lists discussion on the remainder of the bills on the tracking table (which did not involve the same level of discussion as the two bills discussed above). The bills were not necessarily discussed in numerical order as listed in the email distributed table of tracked legislation.

Bill / Discussion / Position
AB 546 / Would require take-back programs for recycling computers. LTF discussed bill would be good if emended to not require that each disposal facility make provisions for take-back. This is duplicative and not economical. / Support if amended?
AB 48 / Relates to prohibition of sale of certain types of electronic devices containing hazardous waste. This would increasemanufacturer responsibility. / Support.
AB 1021 / Would provide grants for certain recycling programs from bottle bill funds / Support.
SB 1001 / Would reduce number of members on RWQCBs. It was discussed this would be a negative in many instances for local government. / Oppose?
SB 898 / Solid waste cleanup bill. / Watch.
SB 896 / Grants for litter reduction programs frombottle bill funds. / Support.
SB 842 / Redefines gasification to remove criterion that allows “no” discharges of emissions. / Support.
SB 826 / Would require the CIWMB to adopt minimum standards to address environmental justice. LTF discussed that this is very difficult to define and would make permitting very difficult. It was discussed that LTF should see what SW
Solid Waste Industry Group (SWIG) position is on this bill. / Watch.
AB 1535 / Would establish of fee on personal computers as covered items by electronic waste recovery and recycling account. It was discussed that manufacturer responsibility is a good policy. / Support.
AB 1150 / This bill would change the definition of transformation in AB 939 to incineration of solid waste or the processing of solid waste through a noncombustible thermal, chemical, or biological process. This would retain but limit the 10 percent credit for transformation. / Watch.
AB 1193 / This bill would enact requirements for manufacturer’s of mercury-added thermostats for collection and recycling program for the materials. / Support.
AB 1447 / This bill would allow service technicians to remove refrigerant form major appliances. / Support
AB 1473 / The bill would allow and LEA to stay a cease and desist order if the recycling facility meets certain other specified conditions. The LTF discussed that there are some negatives in the bill but decided to not take a position. / Watch.
AB 6 / Paul Yoder discussed this bill above greenhouse gases is probably a spot bill. / Watch
AB 1237 / Bill would extend the time period for concurrence with permit from60 to 90 days but also change a no-action by the CIWMB to result in denial rather than concurrence. Decided to oppose unless amended to remove the change to denial if no action is taken. LTF feels that the 90 day extension is good but default of denial if no-action is take is very poor in requiring the CIWMB to take responsibility to act. / Oppose unless amended
AB 1109 / This bill would require schedules and levels for reduction of mercury and lead, per lumen, in general purpose light bulbs. / Support
AB 800 / This bill would reduce the notification requirement for discharge to two hours and increase penalties on individuals to include fines and possible imprisonment. It was discussed that reducing the current time requirement is not practical. / Oppose

Other:

Paul Yoderdiscussed that the legislature wants to take a more control versus market based approach to greenhouse gas emissions control. This is something the LTF will watch for in bills that are proposed.

.

IIIREGULATORY ISSUES

The following regulatory issues were discussed (did not involve discussion on all agenda items).

1. Landfill Gas Monitoring Regulations -NEdiscussed thatshe had a meeting with Rachael Davis for CIWMB Mule’s office about this issue and expressed concerns over the additional requirements being more costly even though not portrayed that way by the CIWMB staff during the process. She indicated that Ms. Davis appeared to listen to the concerns, but Nancy said she was not sure how much impact it would have on the regulation processes.
2. Alternative Management Standards for Treated Wood Waste – Paul Yoderindicated that the regulatory process for these regulations has been completed. The DTSC is now looking at lead painted wood.
3. Increased Load Checking Programs – It was discussed that it is expected that load checking requirements will get more stringent at landfills.
4. Numeric Limits for Stormwater; Action levels – It was discussed that this issues is still in the process by the State Water Board and if numeric limits that have been discussed are applied it will be very expensive for landfill sites.

IVOTHER BUSINESS

None.

VADJOURN

The meeting was adjourned at approximately 2:20 PM.

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ATTACHMENT A

ATTENDANCE LIST

SWANA LEGISLATIVE TASK FORCE MEETING

MARCH22, 2007

Voting Member Chapter / NAME / ORGANIZATION / PHONE / EMAIL
VM/Gold Rush / John Abernethy (T) / SacramentoCounty / 916-875-4527 /
VM/Gold Rush / William Merry / Monterey RWMD / 831-384-5313 /
VM/Gold Rush / Mark Urquhart (S) / Shaw Environmental / 530-626-4771 /
VM/Gold Rush / Russ Reiserer / City of Palo Alto / (650) 496-6951 /
Gold Rush / Chris Hanson / PlacerCounty / 530-886-4965 /
ALT/Founding / Lisa Wood / City of San Diego / 858-573-1236 /
VM/Founding / Constance Hornig / Law Offices / 323-934-4601 /
VM/Founding / Mike Mohajer / LA CountyIWM Task Force / 909-592-1147 /
Founding / Sharon Greene / LA County Sanitation Districts / 562-699-7411 /
VM/Founding / John Gulledge / LA County Sanitation Districts / 562-699-7411 ext 2401 /
Sierra / Eric Greenwood / KernCounty / 661- 862-8918 /
VM/Sierra / R. Scott Johnston (C) / MercedCounty / 209-385-7388 /
VM/Sierra / Nancy Ewert / KernCounty / 661-862-8953 /
VM/Sierra / Marion Miller / FresnoCounty / 559-262-4259 /
SWANA CA Chapter. Lobbyist / Melissa Barton / Shaw/Yoder, Inc. / 916-446-4656 /
SWANA CA Chapter. Lobbyist / Paul Yoder / Shaw/Yoder, Inc. / 916-446-4656 /

VM= Voting Member

Ch = Chair

VC = Vice Chair

T = Treasurer

S = Secretary

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ATTACHMENT B

SWANA LTF AGENDA – IN PERSON BILL REVIEW

THURSDAY, MARCH 22, 10:00 A.M. – 2:00pm

I. Business Items

Introductions
Approval of February and March Meeting Minutes - ACTION

Treasurer’s Report – INFORMATION
Western Regional Symposium

Other

II.Legislative Matters

Legislation:

Bill ID / Author / Topic
AB 6 / Houston, Guy (R) / Greenhouse gases: market-based compliance mechanisms.
AB 15 / Houston, Guy (R) / California Environmental Quality Act.
AB 35 / Ruskin, Ira (D) / Environment: state buildings: sustainable building standards.
AB 48 / Saldana, Lori (D) / Hazardous waste: electronic devices.
AB 258 / Krekorian, Paul (D) / Environment: marine debris: plastic discharges.
AB 546 / Brownley, Julia (D) / Electronic waste: computers.
AB 548 / Levine, Lloyd (D) / Solid waste: multifamily dwellings.
AB 640 / De La Torre, Hector (D) / Waste discharge requirements: waiver.
AB 656 / Plescia, George (R) / Hazardous waste: alkaline batteries.
AB 722 / Levine, Lloyd (D) / Energy: general service incandescent lamp.
AB 729 / Mullin, Gene (D) / Recycling: e-waste.
AB 769 / Aghazarian, Greg (R) / Sales and use taxes: exemptions: fuel to transport biomass.
AB 800 / Lieu, Ted (D) / Discharge of hazardous substance, sewage, or other waste: notification.
AB 820 / Karnette, Betty (D) / Recycling polystyrene: state facilities.
AB 844 / Berryhill, Tom (R) / Recycling businesses.
AB 904 / Feuer, Mike (D) / Recycling: food containers.
AB 1018 / Emmerson, William (R) / Porter-Cologne Water Quality Control Act: waste cleanup.
AB 1023 / DeSaulnier, Mark (D) / Recycling: compostable and biodegradable plastic trash bags.
AB 1075 / Cook, Paul (R) / Solid waste diversion: biomass conversion.
AB 1109 / Huffman, Jared (D) / Energy resources: lighting efficiency: hazardous waste.
AB 1150 / Lieu, Ted (D) / Solid waste: transformation.
AB 1183 / Hancock, Loni (D) / Hazardous materials: Cortese list.
AB 1193 / Ruskin, Ira (D) / Mercury-added thermostats: collection program.
AB 1195 / Torrico, Alberto (D) / Recycling: used oil: payment.
AB 1207 / Smyth, Cameron (R) / Solid waste: biosolids.
AB 1237 / Hancock, Loni (D) / Solid waste: solid waste facilities.
AB 1371 / Ruskin, Ira (D) / Hazardous waste: civil penalty.
AB 1391 / Brownley, Julia (D) / Discharge of hazardous substance or sewage: notification.
AB 1447 / Calderon, Charles (D) / Hazardous waste: major appliances.
AB 1473 / Feuer, Mike (D) / Solid waste facility: permits: enforcement.
AB 1535 / Huffman, Jared (D) / Electronic waste: personal computers.
AB 1610 / Nunez, Fabian (D) / Solid waste: fees.
SB 140 / Kehoe, Christine (D) / Vehicular air pollution: renewable diesel fuel.
SB 410 / Simitian, Joe (D) / Energy: renewable energy resources.
SB 411 / Simitian, Joe (D) / Energy: renewable energy resources.
SB 456 / Simitian, Joe (D) / Diacetyl.
SB 529 / Migden, Carole (D) / Rigid plastic packaging.
SB 616 / Margett, Bob (R) / Waste discharge requirements: horse racing facilities.
SB 697 / Wiggins, Patricia (D) / Compost.
SB 774 / Ridley-Thomas, Mark (D) / Hazardous packaging.
SB 817 / Ducheny, Denise (D) / Hazardous waste: treatment: silver.
SB 826 / Padilla, Alex (D) / Solid waste: environmental justice.
SB 842 / Scott, Jack (D) / Integrated waste management: definitions: gasification.
SB 896 / Negrete Mcleod, Gloria (D) / Solid waste: beverage container recycling: expenditure of funds.
SB 898 / Simitian, Joe (D) / Solid waste: cleanup.
SB 899 / Simitian, Joe (D) / Toxic substances: perfluorinated compounds.
SB 932 / Ashburn, Roy (R) / Hazardous waste: listings.
SB 958 / Margett, Bob (R) / Hazardous Waste Control Law.
SB 966 / Simitian, Joe (D) / Pharmaceutical drug disposal.
SB 1001 / Perata, Don (D) / California regional water quality control boards: membership.
SB 1016 / Wiggins, Patricia (D) / Diversion: alternative compliance system.
SB 1020 / Padilla, Alex (D) / Solid waste: diversion.
SB 1021 / Padilla, Alex (D) / Beverage containers: grants.

III.Regulatory Issues
Proposed Regulations Modifying Existing Active Disposal Site Gas Monitoring and

Control Regulations
Alternative Management Standards for Treated Wood Waste
Postclosure Maintenance And Financial Assurance Demonstrations For Landfills
Illegal Dumping Report

IV.Other Business

VI.Adjourn

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ATTACHMENT C

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