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Legislative Bill Action that contains an electric generation facility, the already provides counties with the ability to block county in which that city is located shall continue to annexations when they are unsatisfied with a pro- receive the revenues derived from franchises and posed tax agreement. Staff: Dan Carrigg, Status: surcharges that the county received prior to that AsLC;;Hrg-5/8, Position: Oppose. annexation. This bill also states the intent of the Legislature that these provisions supersede any ENVIRONMENTAL provision of law that is contrary to these provisions. SB 1374 (Kuehl). Solid Waste. Diversion of AB 2073 is sponsored by Contra Costa County, sup- posedly out of concerns with the location of genera- Construction and Demolition Waste. As recently tots adjacent to Antioch and Pittsburgh. However, the amended, SB 1374 requires the California Integrated bill has statewide applicability, Waste Management Board (Waste Board) to develop model local ordinances designed to stimulate the The League opposes AB 2073 because it attempts diversion of construction and demolition (C&D) waste to dictate the terms of revenue agreement associated from disposal. It also requires the Waste Board to with an annexation in favor of counties, to the clear provide information on other ways local governments detriment of cities, Counties already possess veto could encourage C&D waste diversion, as well as power over any annexation proposal before the information for the construction industry. Respond- proposal even gets to LAFCO, due to the requirements ins to the concerns expressed by the League and of section 99(b)(6) of the Revenue and Taxation others, this bill no longer requires cities and counties Code, Counties can already quash an annexation to adopt a C&D waste ordinance. Instead the bill now discussion by simply refusing to approve a property requires local agencies to include information about tax agreement. Counties have not been reluctant to their C&D programs in their annual AB 939 report to use this leverage in the past by insisting that they the Waste Board and authorizes the Waste Board to receive most or all property taxes associated with an consider what the jurisdiction is doing to address C&D annexation, or to attempt to force agreemen~ on waste when the Board determines whether thejuris- sales taxes and other revenues and concessions from diction is making a good faith effort to achieve its AB the affected city, 939 goals. With these amendments, the League now supports SB 1374. The League is working with the Cities are concerned that existing law is already author's office on additional technical amendments, tilted in favor of the counties, and that cities often Staff: Yvonne Hunter, Status: SenApps, Position: end up with tax agreements that fail to fully cover the Support. service needs associated with housing and other uses approved on the annexed property. AB 230(I (Chavez). Inert Wastes. Mine Recla- marion Sites. AB 939 Credit. As proposed to be Additionally, AB 2073 may provide an incentive amended soon, AB 2308 clarifies that inert wastes for counties to use their land use authority to site such as concrete, asphalt or other debris that meets power generation facilities adjacent to cities, and let specific criteria that is deposited at a mine reclama- the city and its residents deal with the negative health tion site is not considered disposal for the purposes and environmental issues, while the county is contin- of measuring progress towards AB 939. The bill ues to pocket the revenues. The League believes that responds to the dilemma facing cities in Southern it is inappropriate to favor counties over cities in California who have seen their AB 939 numbers, annexation discussions in this manner. This is a local Staff: Yvonne Hunter, Status: AsNatRes, Position: issue which should continue to be negotiated by the Support. affected parties, especially given that existing law Visit the League's Official Web Site--www. cacities.org PRIORITY FOCUS/PAGE 7