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MINUTES OF SWANA LEGISLATIVE TASK FORCE

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					                                              MINUTES OF SWANA CALIFORNIA LEGISLATIVE
                                               TASK FORCE CONFERENCE CALL-MEETING

                                                                         May 4, 2004
                                                                  By: Mark Urquhart, Secretary

                        The Legislative Task Force (LTF) meeting started at about 4:30 PM at the SWANA
                        Western Regional Symposium. A quorum was present as there were a total of eight voting
                        members present, and one from each chapter. The list of people that participated is
                        Attachment A. The agenda is Attachment B. The items at the meeting were not
                        necessarily discussed in the order below.

                        I.          BUSINESS ITEMS AND LTF ACTIVITIES

                        Approval of Minutes
                        Mike Mohajer asked if there were any comments on the minutes from the March 26,
                        2004 meeting in Sacramento. There were no comments.

                        Motion:
                        John Gulledge made a motion to approve the minutes from the March 26, 2004 meeting.
                        Scott Johnston seconded the motion. All were in favor.

                        Mike Mohajer asked if there were any comments on the minutes from the April 8, 2004
                        telephone conference call. There were no comments.

                        Motion:
                        John Gulledge made a motion to approve the minutes from the February 3, 2004
                        telephone conference call. Marion Miller seconded the motion. All were in favor.

                        Approval of Treasurer’s Report
                        Scott Johnston described the treasurer’s report in the meeting packet (Attachment C) and
                        said that after he had received a $1,500 contribution from Kern County, the balance was
                        $37,629.83. Mike Mohajer asked for a motion to approve the Treasure Report budget.

                        Motion:
                        Mark Urquhart made a motion to approve the treasurer’s report. John Gulledge
                        seconded the motion. All were in favor.

                          CIWMB Appointments
                          There is a meeting being set up for people to meet with new CIWMB members,
                          and the LTF was solicited to help pay for refreshments. LTF members, one from
                          each chapter, will be included.

                        Motion:
                        John Gulledge made a motion that up to $500 be spent by the LTF for non-alcoholic
                        refreshments for the CIWMB meeting. Will Dickinson seconded the motion. All were
                        in favor.




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LTF Website
Yvette Agredano said that she was updating the SWANA directory to a listing by member name, for the
website only. She asked that those present review it and contact her with corrections. There was also a
discussion on whether or not the website should be split into two sections—one for members only, which
would be password protected and one that would be allowed for viewing by all. The members’ only
section would be a benefit to SWANA membership. It was ultimately determined that it is more
beneficial to get the information in the proposed members only pages (legislative & regulatory position
letters, legislative tracking, membership directory information) out to more people and not to hinder the
broad dispersal of that information.

II.         LEGISLATION REVIEW

The Power Point presentation prepared by Yvette Agredano was passed out (Attachment D) and the
presentation was projected to guide the discussions on the legislation review. Following is a thumbnail
list of key discussion, points and positions. These may be in addition to the contents that should be
referred to in the Power Point Presentation, Attachment D.

                     AB 2826 – This is the SWANA sponsored bill that would require that agencies cannot
            prohibit a substance from disposal without a sound disposal plan (scientific need for the ban and
            need to show that infrastructure is in-place for sound, economic disposal). Paul Yoder (via
            speakerphone) discussed that the bill was derailed in the Assembly Natural Resources
            Committee. He said even though the goal of getting legislation enacted was not achieved,
            SWANA has raised the issue with stakeholders and with Legislators. He explained that this was
            a very difficult bill because it walks a fine line between the opposing sides of environmentalists
            and manufacturers. Paul Yoder said that he would draft a letter to the consultant for the ANR
            Committee requesting that hearings be held on this issue during the time between legislative
            sessions. He recommended that those present approach their elected officials about sending such
            a letter to the ANR committee consultant. Paul Yoder also noted that it is vital that the issue of
            landfill bans and manufacturer responsibility, specifically, the LTF ―Don’t Ban Without a Plan‖
            policy issue needs to be adopted into the policy platforms of counties around the state.
                     AB 1699 – Oppose position is in part based on support if amended position on SB 1180,
            which contains manufacturer responsibility provisions.
                     AB 1802 – Support.
                     AB 2159 – It was discussed that the private haulers do not like this bill; however their
            position is Support-if-Amended. The League of Cities is neutral on the bill. The LTF had taken
            a position to oppose unless amended, in the past, because it requires immediate compliance even
            if there is an appeal by owner/operators. The LTF feels that the specific fire that spurred the bill
            was more a result of lack of enforcement for specific cases. It was discussed that some
            municipalities’ support for the bill and the League of Cities’ neutrality on it created a problem
            for the LTF position. Therefore, Paul Yoder will contact the author soon to explain the SWANA
            LTF concerns. There was a MOTION by Will Dickinson to change the LTF position and to write
            a letter with the details of LTF position regarding ―support if amended‖. The motion was
            seconded by John Gulledge. All were in favor.
                      AB 2166 – This bill was negotiated by the LTF to include all households statewide,
            however, the bill failed in the Arts and Entertainment Committee. This could become a bill next
            year with language to keep it out of this committee.
                     AB 2176 – The LTF decided to retain the ―oppose unless amended‖ position.


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                     AB 2290 – The LTF discussed that this bill does not provided a level playing field
            between public and private service providers. This is a BAD bill which is stemming from a local
            issue in the Bay Area. The League of Cities is opposing this bill. There was a MOTION by Will
            Dickinson to oppose the bill. The motion was seconded by Marion Miller. All were in favor.
                     AB 2311 – Support.
                     AB 2701 – The LTF had previously taken a support position, however upon further
            review by Mike Mohajer, his new recommendation was to just ―Watch‖ the bill. He suggested
            that the LTF review the bill as it is over 60 pages and covers many topics and is broader than the
            main intent. There was a MOTION by John Gulledge to just watch the bill with no position. The
            motion was seconded by Will Dickinson. All were in favor.
                     AB 2943 – Support
                     AB 3004 – Support
                     AB 1180 – LTF will recommend to use AB 2943 to address this issue
                     SB 50 – This bill was held in the assembly. The LTF wants to see payment recovery
            language similar to SB 20 included in this bill. Support if amended.
                     AB 983 – This bill, regarding Environmental Justice and Urban Landfills, has not moved
            from committee. Oppose.
                     SB 1252 – Watch
                     SB 1362 – The LTF supports this bill which would allow for the safe disposal of sharps
            through HHW facilities.
                     SB 1387 – The first hearing on this bill was cancelled by the author. The LTF opposes
            this bill.


III         REGULATORY ISSUES

Conversion Technologies:
It was noted that Kay Martin’s comments to the CIWMB on the draft Lifecycle and Market Analysis
studies regulation were attached to the agenda packet.

Motion:
Will Dickinson made a motion to approve that the LTF endorse comments by KM to the CIWMB. Scott
Johnston seconded the motion. All were in favor.

Federal Subtitle “D” RD&D Permit Regulations
It was discussed that review by the CIWMB had started on Title 27 regulations to included Federal
RD&D provisions. Mark Urquhart, John Gulledge and Scott Johnston agreed to work on a subcommittee
to look at these regulations.

C&D Regulation, Phase II
Mike Mohajer noted that these regulations would have a major impact on diversion in the state. He
suggested that a letter be is drafted to the CIWMB regarding the issue and that the LTF work with the
LEA’s on the issue.

C&D Model Ordinance, EJ & SB 1066 Extension.
It was noted that adoption of the CIWMB’s C&D model ordinance by local jurisdictions is not
mandatory. However, CIWMB staff has indicated that any approval of a jurisdiction’s SB 1066 time



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extension request will require mandatory adoption of both a C&D Ordinance as well as an Environmental
Justice policy.

Applications for Solid Waste Facility Permits and Reports of Waste Discharge
It was noted that there would be a hearing on this issue on May 11, 2004.

Training Certification for Landfill Managers and Inspectors
It was discussed that the CIWMB will meet with a subcommittee composed of members from each
chapter regarding this issue. The LTF has not heard back from the Executive Officer on this and it was
suggested that a meeting with Linda Moulton-Patterson continue to be pursued.

IV.         ADJOURNMENT
The meeting was adjourned around 6:15 PM.

 Next LTF Meeting Date
 It was discussed that the next SWANA conference call would be the week of June 7, 2004. Yvette
 Agredano said she would send out an email regarding possible dates and times.




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                                                                ATTACHMENT A
                                         ATTENDANCE LIST
                      SWANA LEGISLATIVE TASK FORCE CONFERENCE CALL-MEETING
                                            May 8, 2004
  Voting            NAME     ORGANIZATION      PHONE              EMAIL
 Member
 Chapter
VM/Northern     David Myers               Monterey RWMD                      831-384-5313       dmyers@mrwmd.org
VM/Northern Will Dickinson                Placer County                      530-889-7483       Wdickins@placer.ca.gov
            (VC)
VM/Northern Mark Urquhart                 EMCON/OWT                          530-626-4771       murquhart@theitgroup.com
            (S)
VM/Southern Constance                     Law Offices                        323-934-4601       Hornig@MSWesq.com
            Hornig
VM/Southern Mike Mohajer                  LA County IWM                      909-592-1147       MikeMohajer@yahoo.com
            (C)                           Task Force
VM/Southern John Gulledge                 LA County                          562-699-7411 ext   jgulledge@lacsd.org
                                          Sanitation Districts               2401
                Chuck Boehmke             LA County                          562-699-7411       cboehmke@lacsd.org
                                          Sanitation Districts
VM/Central      R. Scott Johnston         Merced County                      209-385-7388       rjohnston@co.merced.ca.us
                (T)
VM/Central      Marion Miller             Fresno County                      559-262-4259       Mmiller2@fresno.ca.gov
Exec.Officer    John Skinner              SWANA -                            800-467-9262       jskinner@swana.org
SWANA                                     International
International
Central         Stan Murdock              City of Merced                     209-385-4772       Murdock@ci.merced.ca.us
Central         Doug Landon               Kern County                        (661) 862-8936     dougl@co.kern.ca.us
Northern        Steve Johnson             Salinas Valley Solid               831-755-1300       stephenj@ci.salinas.ca.us
                                          Waste Authority
Northern        Russ Reiserer             City of Palo Alto                  650-496-6951       Russell_reiserer@city.palo-
                                                                                                alto.ca.us
Northern        William Merry             Monterey RWMD                      831-384-5313       wmerry@mrwmd.org
(via            Paul Yoder                Shaw/Yoder Inc.                    916-446-4656       Paul@shawyoder.org
conference
call)
SWANA
Lobbyist
SWANA CA        Yvette Agredano           Shaw/Yoder Inc.                    916-446-4656       Yvette@shawyoder.org
Chp.
Lobbyist
                     VM= Voting Member
                     Ch = Chair
                     VC = Vice Chair
                     T = Treasurer
                     S = Secretary

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                                                                                               ATTACHMENT B
SWANA LTF AGENDA
TUESDAY, MAY 4, 2004, 4:30pm – 6pm
EMBASSY SUITES HOTEL
SAN LUIS OBISPO, CA 93405

1.          Business Items
                    A.     Introductions
                    B.     Approval of Minutes
                           i.       March 26, 2004—Attachment
                           ii.      April 8, 2004 — Attachment
                    C.     Approval of Treasurer’s Report
                           i.       April 27, 2004—Attachments (2)
                    D.     Next Meeting Date
                    E.     CIWMB Appointments—Update
                    F.     LTF Website—Update
                    G.     Other

2.          Legislation Review – See Legislative Matrix and PowerPoint presentation (Attachments)
                     A.      Sponsored Legislation
                     i.      AB 2826 (Canciamilla) Solid waste: landfills.
                     B.      Legislation Update
                              i.      AB 1699 (Laird) Mercury: Fluorescent Lamps. LTF Position: Oppose
                              ii.     AB 1802 (Bogh) Illegal Dumping: Penalties. LTF Position: Support
                              iii.    AB 2159 (Reyes) Solid waste facilities: orders. LTF Position: Oppose
                              iv.     AB 2166 (Hancock) Recycling: compact discs and digital versatile discs. LTF
                              Position: Support as Proposed to be Amended
                              v.      AB 2176 (Montanez) Large venue and event recycling programs. LTF Position:
                              Oppose Unless Amended
                              vi.     AB 2290 (Chavez) Local agency fees: state agencies: solid waste collection
                              services.
                              vii.    AB 2311 (Jackson) Energy efficiency: sustainable building. LTF Position:
                              Support
                              viii.   AB 2701 (Runner) Environmental protection: reports. LTF Position: Support
                              (with further review)
                              ix.     AB 2901 (Pavley) Hazardous waste: cellular telephones: recycling. LTF Position:
                              Support in Concept
                              x.      AB 2943 (Pavley) Mercury pollution prevention. LTF Position: Support
                              xi.     AB 3004 (Pavley) Road safety flares. LTF Position: Support
                              xii.    SB 50 (Sher) Solid waste: hazardous electronic waste. LTF Position: Support If
                              Amended
                              xiii.   SB 983 (Alarcon)
                              xiv.    SB 1078( Committee on Business & Professions) LTF Position: Oppose
                              xv.     SB 1180 (Figueroa) Mercury Lamp Recycling. LTF Position: Support & Seek
                              Amendments
                              xvi.    SB 1252 (Alarcon) Solid waste: gasification. LTF Position: Watch
                              xvii. SB 1362 (Figueroa) Solid waste: household hypodermic needles, syringes, and
                              lancets: disposal. LTF Position: Support
                              xviii. SB 1387 (Romero) Sanitation and Sewers: recycling facility Solid Waste
                              Hazardous Electronic Waste. LTF Position: Oppose
            C.       LTF Biomonitoring Platform

3.          Regulatory Issues
                    A.       Conversion Technologies
                                    i.          Lifecycle Analysis Methodologies
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                                    ii.         Market Impact Assessment
                                   iii.      Summary of Received Comments
                                   iv.       Kay Martin, County of Ventura, comments—Attachment
                         B.         Long Term Landfill Gas Violations: At its April 14, 2004 meeting, the Board directed
                         staff to initiate a 45-day public comment period. Staff is preparing the file for notice.
                                   i.        Proposed Text, April 2004 (Word, 39 KB)
                         C.         Federal Subtitle "D" RD&D Permit
                         D.         C&D Regulations - Phase II
                                   i.        Final Text, December 2003 (Word, 89 KB): Final text approved by OAL.
                                   ii.       Final Statement of Reasons, November 2003 (Word, 90 KB): Updated Statement
                                   of Reasons explaining the purpose and intent of the regulations.
                         E.         C&D Model Ordinance, Environmental Justice & SB 1066 Extension
                         F.         SB 20 Emergency Regulations: The CIWMB adopted new emergency regulations at its
                         April 13, 2004 Board meeting to implement sections of the Electronic Waste Recycling Act of
                         2003. The emergency regulations implement, interpret and make specific the provisions of Chapter
                         562, Statutes of 2003 (SB 20, Sher).
                         i.        SWANA LTF Payment Recovery Systems Letter to the CIWMB
                         G.         Application for Solid Waste Facility Permit/Waste Discharge Requirements: A 45-day
                         public comment period runs from February 27 through April 12, 2004.
                                     i.       Proposed Form (February 2004); Proposed Instructions (February 2004);
                                     Proposed Text (February 2004).
                                     ii.      LTF Letter to the CIWMB
                         H.         Training Certification for Landfill Managers and Inspectors: Board staff will conduct
                         informal workshops on March 30 and April 1 to solicit comments on informal draft regulation text.
                                    i.       1st Draft Informal Text, March 5, 2004 (Adobe PDF, 91 KB | MS Word, 84 KB)
                                    Draft regulatory text.
                                    ii.         LTF Letter to the CIWMB
                         I.          Other

4.          Other Business

Adjourn




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                                                                                            ATTACHMENT C
                        SWANA LEGISLATIVE TASK FORCE
                                  FY 2004 TREASURERS REPORT
                             JANUARY 1, 2004 THROUGH APRIL 27, 2004




BEGINNING BALANCE 1/1/2004                                                              $ 26,252.27



     RECEIPTS
             1/2/2004                       DUES REIMBURSEMENT                          $     840.00
            1/22/2004                       DUES REIMBURSEMENT                          $   1,980.00
            1/30/2004                       INTEREST PAYMENT                            $       2.31
            2/24/2004                       DUES REIMBURSEMENT                          $   2,055.00
            2/27/2004                       INTEREST PAYMENT                            $       2.22
            3/24/2004                       DUES REIMBURSEMENT                          $   1,500.00
            3/31/2004                       INTEREST PAYMENT                            $       2.47
            4/13/2004                       L.A.CO.SAN.DIST. CONTRIBUTION               $   2,500.00
            4/13/2004                       MERCED CO. CONTRIBUTION                     $   1,000.00
            4/22/2004                       SACRAMENTO CO. CONTRIBUTION                 $   2,500.00
            4/22/2004                       NORTHERN MOLO                               $   4,070.54
            4/22/2004                       DUES REIMBURSEMENT                          $   3,365.00

                                                                  TOTAL RECEIPTS        $ 19,817.54


     DISBURSEMENTS
            2/19/2004                       SHAW / YODER, INC.                          $   3,211.12
            3/18/2004                       SHAW / YODER, INC.                          $   2,821.01
            4/13/2004                       SHAW / YODER, INC.                          $   3,907.85

                                                                  TOTAL DISBURSEMENTS   $   9,939.98


ACCOUNT BALANCE 4/27/2004                                                               $ 36,129.83




REPORT PREPARED BY:

Scott Johnston
Treasurer - LTF




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                                                                  ATTACHMENT D




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V



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