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AgdaPkt 2003-06-02
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AgdaPkt 2003-06-02
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6/2/2011 2:49:23 PM
Creation date
5/29/2003 3:16:58 PM
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CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
6/2/2003
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?.4- 3/ <br />Legislative Bill Action <br />................................ ............................... <br />ACA 10 (Harman). Storm Water Fees. Proposi- <br />tion 218. ACA 10 , strongly supported by the <br />League, would place before the voters a measure <br />to add storm water fees to those types of fees <br />already exempt from the voter approval require- <br />ments of Proposition 218. As cities face the <br />increasingly stringent permit requirements to <br />mitigate storm water runoff, finding the financial <br />resources to meet those requirements is becom- <br />ing more difficult. If enacted by the voters, ACA 10 <br />would make it easier for cities to charge fees for <br />storm water programs. ACA 10 has cleared both <br />the Assembly Local Government Committee and <br />the Assembly Elections, Redistricting and Consti- <br />tutional Amendments Committee. Staff: Yvonne <br />Hunter; Status: AsmFlr, Position: Support. <br />AB 1497 (MONTANEZ). Solid Waste Facilities. <br />Environmental Justice. AB 1497 would make <br />significant changes to CEQA relative to environ- <br />mental justice issues for new or expanded solid <br />waste facilities that would reduce the flexibility of <br />local governments as lead agencies. It also would <br />require inclusion in a solid waste facility's closure <br />and post - closure plan provisions for re- employ- <br />ment and retraining of the facility's employees, <br />including a trust fund. <br />Retraining Trust Fund. AB 1497 would require <br />the solid waste facility operator to ensure provi- <br />sions for re- employment and retraining of facility <br />employees (including truck drivers and haulers). <br />Not only is it unreasonable to require this for solid <br />waste facilities, it would establish an inappropriate <br />precedent for employees of other industrial opera- <br />tions. <br />Existing Local Land Use Process Overlooked. <br />AB 1497 overlooks the local land use process that <br />is ongoing at the same time that the solid waste <br />facility permit is being developed. In addition to the <br />solid waste facility permit process that applies to <br />any new solid waste facility, the host jurisdiction <br />with land use authority also undertakes a process <br />to issue and condition a land use permit for the <br />facility. <br />As an alternative to the existing bill, the League <br />has suggested an amendment to the author that <br />we believe would make a significant contribution to <br />the area of solid waste facility permitting. The <br />League has suggested requiring a local <br />enforcement agency to conduct a public hearing <br />near the proposed facility in the early stages of the <br />solid waste facility permit process. To date, the <br />author has not responded to this suggestion. <br />Loss of CEQA Lead Agency Flexibility. While <br />the League is sensitive to issues of environmental <br />justice as they relate to solid waste facilities and <br />any type of development, we believe that AB 1497 <br />is far reaching. It would reduce local government <br />flexibility to determine CEQA compliance. <br />Environmental Justice and CEQA AB 1497 <br />would require environmental justice to be <br />considered as part of CEQA. Previous legislation <br />enacted in law last year, AB 1553 (Keeley), which <br />was supported by the League, directs the State <br />Office of Planning and Research to include <br />environmental justice issues in its updated <br />General Plan Guidelines. We believe this is the <br />appropriate place to consider such issues. Also, <br />other legislation currently introduced this year <br />would address the issue of environmental <br />cumulative impacts in CEQA <br />In spite of potential high costs identified by the <br />California Integrated Waste Board to comply with <br />the bill's provisions, AB 1497 passed the Assembly <br />Appropriations Committee. Staff: Yvonne Hunter, <br />Status: ASmFIr, Position: Oppose. <br />PUBLIC SAFETY <br />AB 486 (Parra). Vehicles. Suspended Li- <br />censes. Penalties. driving in violation of restric- <br />tions imposed upon the license for a violation of <br />the DUI provisions. AB 486 increases the penalties <br />for driving with a suspended license for a person <br />previously convicted of reckless driving, driving <br />under the influence, or denied a driver's license <br />due to negligence. Existing law imposes fines and <br />terms of confinement in the county jail for driving <br />Visit the League's Official Web Site-- www.cacities.org PRIORITY FOCUS/PAGE 13 <br />
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