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AgdaPkt 2003-08-11
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AgdaPkt 2003-08-11
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Last modified
6/2/2011 2:30:16 PM
Creation date
8/7/2003 2:39:19 PM
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CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
8/11/2003
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%A -s' <br />LEAGUE COMMENTS ON PROPOSED ARB DIESEL GARBAGE TRUCK RETROFIT RULES <br />This week, the League, joined by CSAC, the <br />Regional Council of Rural Counties (RCRC) and <br />the Solid Waste Association of North America — <br />Califomia Chapters ( SWANA), sent a letter to the <br />California Air Resources Board (ARB) opposing <br />the ARB's proposed diesel retrofit rules for solid <br />waste trucks. The joint letter focuses on the <br />portion of the proposed rules that would apply to <br />garbage trucks that operate in a city or county <br />under a franchise or contract and are rate regu- <br />lated by local governments. <br />In the letter, the League, CSAC, RCRC and <br />SWANA state that "...we believe that the pro- <br />posed rule inserts local governments into an <br />inappropriate enforcement and regulatory role for <br />which we are not qualified and for which we do not <br />have the implementation resources. We believe <br />this is a role more appropriate for the ARB, not <br />local governments." <br />requirements to substantial civil penalties." <br />The July ARB hearing to discuss the proposed <br />rule has been postponed until September. In the <br />interim, the League will continue to work with the <br />ARB and other stakeholders to try to reach a more <br />workable solution. <br />A copy of the joint letter may be found on the <br />Environmental Quality issues page on the <br />League's website at www.cacities.oro. <br />GRASSROOTS ADVOCACY <br />(This is an occasional report on some of <br />the non - budget related grassroots activities <br />carried out at the division level by city officials <br />and League regional representatives.) <br />In addition to objecting to the monitoring, <br />reporting and compliance provisions, the pro- <br />posed rule would subject local governments to <br />civil penalties. The letter states: <br />"Finally, we note that Section 2021.1 (d) of the <br />draft regulations provides the following: "Non - <br />Compliance by a Municipality. Any violations of <br />this section may carry civil penalties as specified <br />in state law and regulations, including, but not <br />limited to, Health and Safety Code section 44381." <br />Thus, the proposed rule would subject local <br />governments to civil penalties for failure to submit <br />the proper reports or for submitting a late report of <br />not less than $500 and not more than $10,000 per <br />day that the report is not submitted properly." In <br />addition, the letter stated: <br />"It appears that the regulations not only expect <br />local agencies to evaluate the technology, deter- <br />mine what is appropriate and calculate the cost for <br />the fleets operating under its rate regulatory <br />authority, they anticipate that the local agency will <br />act to "bring the contractor into compliance." Not <br />only is this not an appropriate role for local govern- <br />ments, the proposed regulations would subject a <br />local agency that does not meet all of these <br />The League's legislative issues and <br />priorities are now being shared with members <br />of eight Chambers of Commerce in the <br />Peninsula Division. A new, monthly column <br />written by Regional Representative Rebecca <br />Elliot for the Chambers' newsletters highlights <br />priority League bills such as AB 1221, SB 440 <br />and the work of the League's Institute for <br />Local Self Government. <br />"This is a wonderful venue for educating a <br />diverse business base on legislation and <br />issues important to cities ", said Elliot. "The <br />Chambers of Commerce are natural partners <br />for cities and the business community is very <br />receptive to its' city's concerns and needs ". <br />In addition to writing the column for the <br />Chamber newsletters, Elliot and the League <br />other Regional Representatives routinely <br />serve as speakers at Chamber events and <br />attend Chamber meetings in an on -going <br />effort to engage the business community in <br />dialogue and enrich the partnership between <br />local government and its citizenry. <br />Visit the League's Official Web Site-- www.cacities.org PRIORITY FOCUS /PAGE 5 <br />
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