Resolution No. 89521
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RESOLUTION NO. 8952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON IN OPPOSITION TO SENATE BILL 411 (ALARCON)
AS AMENDED JANUARY 4, 2006
WHEREAS, the Integrated Waste Management Act of 1989
("Assembly Bill 939 or `AB 9391") placed aggressive waste diversion
mandates on local governments to achieve 50 percent waste diversion by
the year 2000 and delegated discretion to local government in choosing
how best to comply with the law; and
WHEREAS, state law clearly establishes that the use of a
waste product, such as shredded green waste, for construction of a
landfill, including the use as alternative daily cover, is waste
diversion; and
WHEREAS, jurisdictions in Los Angeles County have invested
millions of dollars in implementing new waste diversion programs;
WHEREAS, Senate Bill 411 by Senator Richard Alarcon ("SB
411") would result in the elimination of waste diversion credit for
long established green waste alternative daily cover (ADC) programs;
and
WHEREAS, SB 411 would severely impact local jurisdictions,
flexibility and discretion in meeting state mandated division goals and
undermine the substantial resources invested by the City of Vernon to
implement separate green waste collection and to participate in ADC
programs for diversion credit; and
WHEREAS, SB 411 would arbitrarily remove green waste ADC
programs as acceptable diversion program causing Vernon to invest even
further resources to implement new diversion programs assuming adequate
facilities and markets are developed.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
declares its opposition to Senate Bill 411 and urges all of the
members of the Senate and all members of the Assembly to vote "no" on
SB 411.
SECTION 3: The Acting City Clerk is hereby directed to mail
an opposition letter to the members of the Senate Committee on
Appropriations in the form attached hereto and incorporated by
reference as Exhibit A.
SECTION 4: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 18th day of January, 2006.
M
lk----
BRUCE V. MALKENHORST, JR.
Acting City Clerk
EONIS C. MALtIJRG, M yor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, Jr., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8952, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, January 18, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon. 11-17
( SEAL)
BRUC&-3.: MALKENHORST, JR.
Acting City Clerk
- 3 -
EXHIBIT
VA&
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
January 19, 2006
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
The Honorable Senator Kevin Murray, Chair
Senate Committee on Appropriations
Sacramento, CA 95814
Dear Chairman Murray:
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Senate Bill 411 (Alarcon) (As Amended January 4, 2006) --
OPPOSE POSITIOU
On behalf of the City of Vernon, I am writing in opposition to SB 411
by Senator Richard Alarcon, which may be heard by the Senate Committee
on Appropriations in the near future. SB 411 would eliminate waste
diversion credit currently earned by the use of green waste as
alternative daily cover (ADC) at landfills. This bill would severely
impact local jurisdictions' flexibility and discretion in meeting
state mandated diversion goals and undermine the substantial resources
invested by our city to implement separate green waste collection and
to participate in ADC programs for diversion credit.
State Law establishes the use of green waste as ADC as a valid
recycling program in which a waste material is used instead of soil
for daily cover at municipal solid waste landfills. Green waste ADC
not only reduces the dependence upon native soils that would otherwise
have to be excavated, but also conserves valuable landfill capacity
and provides a reliable, cost effective market for green waste.
SB 411 would arbitrarily remove green waste ADC programs as acceptable
diversion programs which is particularly grievous given the
significant resources expended in implementing this long established
program. Our City would have to invest in further resources to
implement new diversion programs assuming adequate facilities and
markets are developed.
1EMagiv6ro xnbugwid
Senate Bill 411 (Alarcon) - OPPOSE POSITION
City of Vernon
Page 2
The City of Vernon respectfully urges you to vote "no" when SB 411 is
heard by the Senate Committee on Appropriations.
Sincerely,
CITY OF VERNON
Leonis C. Malburg, Mayor
:ng
cc: Committee Members, Senate Committee on Appropriations
Senator Richard Alarcon
Resolution No. 8952
Members of the Senate Appropriations Committee:
Senator Kevin Murray (Chair)
Senator Samuel Aanestad (Vice -Chair)
Senator Richard Alarcon
Senator Elaine Alquist
Senator Roy Ashburn
Senator Jim Baffin
Senator Robert Dutton
Senator Martha Escutia
Senator Dean Florez
Senator Carole Migden
Senator Deborah Ortiz
Senator Charles Poochigian
Senator Gloria Romero
SUPPORTING
DOCUMENTS
t
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro--Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
January 19, 2006
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
The Honorable Senator Kevin Murray, Chair
Senate Committee on Appropriations
Sacramento, CA 95814
Dear Chairman Murray:
Senate
OPPOSE
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
4. 2006) --
On behalf of the City of Vernon, I am writing in opposition to SB 411
by Senator Richard Alarcon, which may be heard by the Senate Committee
on Appropriations in the near future. SB 411 would, eliminate waste
diversion credit currently earned by the use of green waste as
alternative daily cover (ADC) at landfills. This bill would severely
impact local jurisdictions' flexibility and discretion in meeting
state mandated diversion goals and undermine the substantial resources
invested by our city to implement separate green waste collection and
to participate in ADC programs for diversion credit.
State Law establishes the use of green waste as ADC as a valid
recycling program in which a waste material is used instead of soil
for daily cover at municipal solid waste landfills. Green waste ADC
not only reduces the dependence upon native soils that would otherwise
have to be excavated, but also conserves valuable landfill capacity
and provides a reliable, cost effective market for green waste.
SB 411 would arbitrarily remove green waste ADC programs as acceptable
diversion programs which is particularly grievous given the
significant resources expended in implementing this long established
program. Our City would have to invest in further resources to
implement new diversion programs assuming adequate facilities and
markets are developed.
ilOvets NOW"
.
Senate Bill 411 (Alarcon) - OPPOSE POSITION
City of Vernon
Page 2
The City of Vernon respectfully urges you to vote "no" when SB 411 is
heard by the Senate Committee on Appropriations.
Sincerely,
CITY OF VERNON
Leonis C. Malburg, Mayor
:ng
cc: Committee Members, Senate Committee on Appropriations
Senator Richard Alarcon
Resolution No. 8952
C s WATER
RECLAMATION
SOLID WASTE MANAGEMENT
COUNTY SANITATION
1955 Workman Mill Road, Whittier, CA 90601-1400
Mailing Address: P.O. Box 4998, Whittier, CA 906074998
Telephone: (562) 699-741 1, FAX: (562) 699-5422
www.locsd.org
Boards of Directors
County Sanitation Districts of
Los Angeles County
Dear Directors:
DISTRICTS
OF LOS ANGELES OUNTY
Ao�
JAMES F. STAHL
Chief Engineer and neral Manager
January 11, 2006
Senate Bill 411 (Alarcon) (As Amended January 4, 2006) — Oppose Position
The purpose of this letter is to inform you about an issue I will be discussing with all of the
Boards regarding pendingg le islation that would eliminate waste diversion credit for green waste used as
alternative daily cover (ADC at landfills in California. The bill would impact every jurisdiction in Los
Angeles County as all are currently receiving AB 939 recycling credit from the ADC program toward
compliance with the state AB 939 waste diversion mandates. Many of these jurisdictions would need to
invest in new diversion programs, such as composting, which are more costly and more distant from the
metropolitan area.
The Sanitation Districts developed the green waste ADC program about the time of AB 939
passage to give cities a dependable, cost-effective way to recycle green waste that would otherwise be
disposed. The program was initiated to be, and has continued to be, complementary to other green waste
programs such as composting and local mulch programs.
The Sanitation Districts have been opposing the bill as part of a coalition of public agencies and
solid waste management companies that includes the League of California Cities, the California State
Association of Counties, the Solid Waste Association of North America California Chapters, Allied
Waste Services, Inland Empire Disposal Association, Norcal Waste Systems, Inc, Republic Services,
Solid Waste Association of Orange County, and Waste Management.
AB 939 pointedly gave full discretion to local governments in choosing how best to comply with
the ambitious diversion mandates. As you are well aware, local jurisdictions have invested enormous
resources and extensive good faith efforts toward compliance with AB 939 and many are near or above
the required 50 percent waste diversion. This diversion has been accomplished in part from all 89 Los
Angeles County Jurisdictions' participation in ADC programs as an important component of their overall
waste diversion program.
SB 411 would remove the discretion of local jurisdictions to receive diversion credit from green
waste ADC and force the implementation of new, more costly diversion programs to make up the
difference. According to AB 939 reports, about half of all green waste in Los Angeles County is diverted
from disposal through ADC programs. Accordingly, elimination of green waste ADC diversion credit
would impact jurisdictions' diversion percentages and, in most cases, threaten cities' abilities to comply
with AB 939. As you are aware, AB 939 provides for penalties of up to $10,000 per day for non-
compliance with the law.
The bill is tentatively scheduled for hearing in the Senate Committee on Appropriations on
Tuesday, January 17, 2006, with potentially more hearings to follow. The Districts' Boards of Directors
will be requested to adopt the attached Resolution at upcoming Board meetings. I strongly encourage
each city to write to the Committee and urge the members to vote "no" on SB 411. Attached for your
reference are a copy of the bill, a sample opposition letter to SB 411 and a roster of the members on the
Senate Committee on Appropriations. If you have any questions, please call Steve Maguin or me at (562)
699-7411.
JFS:GC:ms
Enclosures:
Very truly yours,
James iFStahl
cc: City Managers/City Administrators
GRecycled Paper
SAMPLE LETTER OF OPPOSITION TO
SENATE BILL 411(ALARCON) (AS AMENDED JANUARY 4, 2006)
Date
The Honorable Kevin Murray, Chair
Senate Committee on Appropriations
Sacaramento, CA 95814
Dear Chairman Murray:
Senate Bill 411 (Alarcon) (As Amended January 4, 2006) — OPPOSE POSITION
On behalf of the City of (fill in), I am writing in opposition to SB 411 by Senator
Richard Alarcon, which may be heard by the Senate Committee on Appropriations in the
near future. SB 411 would eliminate waste diversion credit currently earned by the use of
green waste as alternative daily cover (ADC) at landfills. This bill would severely impact
local jurisdictions' flexibility and discretion in meeting state mandated diversion goals
and undermine the substantial resources invested by our city to implement separate green
waste collection and to participate in ADC programs for diversion credit.
State law establishes the use of green waste as ADC as a valid recycling program in
which a waste material is used instead of soil for daily cover at municipal solid waste
landfills. Green waste ADC not only reduces the dependence upon native soils that
would otherwise have to be excavated, but also conserves valuable landfill capacity and
provides a reliable, cost effective market for green waste.
SB 411 would arbitrarily remove green waste ADC programs as acceptable diversion
programs which is particularly grievous given the significant resources expended in
implementing this long established program. Our city would have to invest even further
resources to implement new diversion programs assuming adequate facilities and markets
are developed.
The City of (fill in) respectfully urges you to vote "no" when SB 411 is heard by the
Senate Committee on Appropriations.
Sincerely,
(fill in)
cc: Committee Members, Senate Committee on Appropriations
Senator Richard Alarcon
RESOLUTION IN OPPOSITION TO
SEDATE BILL 411(ALARCON)
AS AMBNDBD JANUARY 49 2006
WHEREAS, the County Sanitation Districts of Los Angeles County (Sanitation
Districts) were created under the County Sanitation District Act in 1923; and
WHEREAS, the Sanitation Districts jointly provide for the regional management
and substantial recycling of approximately one-half of the solid waste disposal needs of
Los Angeles County and serve kite wastewater management needs of approximately five
million people; and the Sanitation Districtsservice area encompasses 78 cities and
unincorporated areas; and
WHEREAS, in their exercise of authority to provide the essential public service
of solid waste management, the; Sanitation Districts have developed an integrated system
of solid waste facilities including three active landfills, three closed landfills, two refuse -
to -energy facilities, three transfer/utaterials recovery facilities, two buy-back recycling
facilities and four energy recovery facilities; and
WHEREAS, the Integrated Waste Management Act of 1999 (Assembly Bill 939
or "AB 939'1 placed aggressive waste diversion mandates on local governments to
achieve 50 percent waste diversion by the year 2000 and delegated discretion to local
government as to how beast comply with the law; and
WHEREAS, state law clearly establishes that the use of a waste product, such as
shredded green waste, for construction of a landfill, including the use as alternative daily
cover, is waste diversion; and
WHEREAS, jurisdictions in Los Angeles County have invested millions of
dollars in implementing new waste diversion programs; and over the past fifteen (15)
years, seventy-seven (77) jurisdictions in Los Angeles County have taken the initiative to
implement separate green waste collection and rely upon the recycling of green waste for
alternative daily cover for a signi$eant�portion of their waste diversion compliance; and
WHEREAS, SB 411 would result in the elimination of waste diversion credit for
long established green waste alternative daily cover programs, and
WHEREAS, SB 411 would severely limit the discretion local jurisdictions are
afforded by AB 939 and would require them to invest substantial additional resources in
developing new programs to replace those green waste alternative daily cover programs.
NOW THEREFORE, BE IT RESOLVED, that the Boards of Directors of the
County Sanitation Districts of Los Angeles County strongly oppose SB 411 and urge all
of the members of the Senate and all members of the Assembly to vote "no" on SB 411.
Members of the Senate Appropriations Committee:
Senator Kevin Murray (Chair)
Senator Samuel Aanesfad (Vice -Chair)
Senator Richard Alarcon
Senator Elaine Alquist
Senator Roy Ashburn
Senator Jim Baffin
Senator Robert Dutton
Senator Martha Escutia
Senator Dean Florez
Senator Carole Migden
Senator Deborah Ortiz
Senator Charles Poochigian
Senator Gloria Romero