Bill Text: CA AB445 | 2011-2012 | Regular Session | Amended
Bill Title: Redevelopment.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB445 Detail]
Download: California-2011-AB445-Amended.html
BILL NUMBER: AB 445 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Carter
FEBRUARY 15, 2011
An act to amend Section 25101 of the Health and Safety
Code, relating to hazardous waste. An act to add
Section 33492.30 to the Health and Safety Code, relating to
redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 445, as amended, Carter. Hazardous waste.
Redevelopment.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities to address the effects of
blight, as defined. The law also authorizes an agency to adopt a
project area that includes federal military base properties that have
been closed by the federal government, for purposes of
redevelopment, as specified.
This bill would require, notwithstanding anticipated proposed
legislation, that an agency shall continue in full force and effect
with respect to a military base reuse project under the jurisdiction
of that agency, as specified.
Existing law provides for the regulation of hazardous waste by the
Department of Toxic Substances Control and makes a declaration of
legislative intent regarding that regulation.
This bill would delete obsolete provisions from, and make
nonsubstantive changes to, that declaration of legislative intent.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the 2011 Military Base Reuse Preservation Act.
SEC. 2. The Legislature finds and declares all of
the following:
(a) Since the Legislature first enacted legislation in 1989, known
as Assembly Bill 409, to address military base closures in San
Bernardino County, the Legislature has adopted similar military base
closure statutes to provide redevelopment assistance to base closure
reuse agencies for Fort Ord, March Air Force Base, Hamilton Field,
Mare Island, Tustin Marine Corp Air Station, Alameda Naval Air
Station, Castle Air Force Base, Mather Air Force Base, McClellan Air
Force Base, and Norton and George Air Force Bases.
(b) The state has implemented a policy of granting additional
redevelopment powers to communities affected by federal military base
closures in furtherance of their need to redevelop and improve
military facilities that were conveyed to local communities and other
governmental and nonprofit organizations. Only through these
redevelopment efforts have the base closure communities been able to
begin to address many of the environmental and physical deficiencies
and other problems that remain on the former military base properties
after their closure.
(c) In order to address the current budget crisis, the Governor
has proposed various budget alternatives relating to redevelopment
agencies, which will have a serious adverse financial impact on the
continued progress for communities addressing issues related to
military base closures in the communities that are identified in the
Community Redevelopment Law (Part 1 (commencing with Section 33000)
of Division 24 of the Health and Safety Code).
(d) This bill intends to preserve the statutory provisions in the
Community Development Law that relate to military base conversion
agencies by exempting these agencies from the effects of the Governor'
s proposed legislation relating to redevelopment agencies.
SEC. 3. Section 33492.30 is added to the
Health and Safety Code , to read:
33492.30. (a) (1) The Legislature finds and declares that
extraordinary measures must continue to be taken to mitigate the
effects of the federal government's efforts to reduce the number of
military bases throughout the country and, in particular, the adverse
economic impacts of military base closures within the state. The
Legislature further finds and declares that it is in the best
interests of the state to continue to support statutory provisions
contained in this chapter relating to mitigating the economic and
social degradation that is faced by communities in jurisdictions that
include military bases that have been ordered to be closed or to be
realigned by the Federal Base Closure Commission.
(2) The Legislature finds and declares that this section is
necessary to preserve certain contractual obligations, debt
instruments, and other programs and activities that are presently
being utilized or are proposed to be utilized in order to continue
efforts relating to economic development, infrastructure repair or
replacement, and military base reuse at military bases described in
this chapter. This section assists the communities in the state that
are most impacted by the severe economic conditions, statewide and
nationally, that are exacerbated by the additional adverse financial
impacts brought about through a military base closure or realignment
in local communities, by allowing agencies to continue to utilize the
redevelopment powers authorized by this part.
(b) Notwithstanding the provisions of Part 1.8 (commencing with
Section 34161) of and Part 1.85 (commencing with Section 34170), an
agency shall continue in full force and effect with respect to a
military base reuse project under the jurisdiction of that agency
pursuant to this chapter. Part 1 (commencing with Section 33000),
Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with
Section 34050), Part 1.7 (commencing with Section 34100), and all
other applicable laws pertaining to the agency for purposes of the
military base reuse project pursuant to this chapter shall continue
in full force and effect. Project completion and agency dissolution
dates set forth in joint powers agreements, redevelopment plans, or
other official documents approved by the applicable governing board
for each military base reuse agency, joint powers authority, or
redevelopment agency shall continue in full force and effect.
SECTION 1. Section 25101 of the Health and
Safety Code is amended to read:
25101. The Legislature therefore declares that:
(a) In order to protect the public health and the environment and
to conserve natural resources, it is in the public interest to
establish regulations and incentives to ensure that the generators of
hazardous waste employ technology and management practices for the
safe handling, treatment, recycling, and destruction of their
hazardous wastes prior to disposal.
(b) The Legislature further declares that to protect the public of
this state and particularly the communities where hazardous wastes
are treated and disposed of, it is essential to ensure full
compensation of all people injured or damaged by hazardous wastes.
(c) It is in the best interest of the health and safety of the
people of the State of California for the state to obtain and
maintain authorization to administer a state hazardous waste program
in lieu of the federal program pursuant to Section 3006 of Public Law
94-580, as amended, the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6926). Therefore, it is the intent of the Legislature
that the director shall have those powers necessary to secure and
maintain interim and final authorization for the state hazardous
waste program pursuant to the requirements of Section 3006 of Public
Law 94-580, the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6926), and to implement that program in lieu of the federal
program.
