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Public Workshop: Assembly Bill 274State Solid Waste Postclosure and Corrective Action Trust Fund
April 12, 2010
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INTRODUCTIONS AND PURPOSE Purpose: Solicit feedback on CalRecycle plan
of action to implement and administer AB 274
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AGENDA 1:00 - 1:10 Introductions and Purpose 1:10 - 1:20 Update on Phase II Rulemaking 1:20 - 1:30 Brief Overview of AB 274 1:30 - 1:45 Fundamental Issues 1:45 - 2:55 Proposed Action Plan 2:55 - 3:00 Wrap Up
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PHASE II RULEMAKING UPDATE Office of Administrative Law approval = Effective Date = Implementation
Guidance Documents Under Development Non-water, Site-specific Corrective Acton Proactive Monitoring
Planned Training May 10th – “Overview” (2hr. Webinar)
May – LEA Roundtables Jun – “Cost Estimating” and “Proactive Monitoring” (2 hr. Webinar)
Spring/Summer – Permit Training Dec/Jan – “Non-water, Site-specific Corrective Action” (2 hr.
Webinar)
Feb – LEA Conference
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OVERVIEW OF AB 274 Became law 1/1/10 (Portantino, Chapter 318, Statutes of 2010) Establishes the State Solid Waste Postclosure and
Corrective Action Trust Fund (Trust Fund) Authorizes landfill operators to elect to participate by
paying a quarterly fee of $0.12 per ton of waste disposed Funds to be used for postclosure activities and corrective
actions where owners or operators fail to perform necessary actions and are unable or unwilling to pay for the required activities, and all financial assurances exhausted
Fee does not become operative unless CalRecycle receives (by 7/1/11*) letters of participation from operators representing at least 50% of the total waste disposal tonnage in 2010
If minimum participation is met fee becomes operative 1/1/12*
* AB 1004 (Portantino), in its current form, would extend by six months
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FUNDAMENTAL ISSUES Minimum Participation
Operator commitment to participate vs. CalRecycle commitment of resources to rulemaking
Financial Risk Analysis Trust Fund balance needs to cover additional
exposure Residual exposure (after Phase 2 regulations):
$370 M Fair Share
Value of Trust Fund contribution vs. Value gained from incentives
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PROPOSED ACTION PLAN
TASK PROPOSED SCHEDULE
Administrative Issues March 2010 White Paper (pg. 2,
Section B) Financial Risk Analysis Letters of Interest to Participate After Minimum Participation
Reached Financially Viable Incentive
Regulations Any Needed Administrative
Regulations
4/10 – 12/10
4/10 – 12/10
1/11 – 7/11
7/11 – 6/12
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FINANCIAL RISK ANALYSIS Revenue Projection
Assumptions/Uncertainties Participation rate Closure of participating landfills Disposal rate Demand
Incentives Incentives Suggested by the Industry
Amount of required coverage: “Draw-down” to 5X annual postclosure cost (rather than “step-down” to 15X)
Transfer of ownership: Consider modifying buyer operational experience requirement
Custodial care: Re-examine concept that could define end of postclosure care
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WRAP UP
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