BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 45


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          Date of Hearing:  April 22, 2015


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 45  
          (Mullin) - As Amended April 13, 2015


          SUBJECT:  Household hazardous waste.


          SUMMARY:  Requires jurisdictions that provide for the  
          residential collection and disposal of solid waste to increase  
          the collection and diversion of household hazardous waste.   
          Specifically, this bill:  


          1)Requires, on or before an unspecified date, each jurisdiction  
            to increase its collection and diversion of household  
            hazardous waste (HHW) in its service area by an unspecified  
            percent over its baseline amount, as established in 3), below.


          2)Allows a jurisdiction that has in place or adopts an ordinance  
            implementing a comprehensive program for the collection of HHW  
            to have an additional unspecified number of years to meet the  
            collection and diversion objective specified in 1), above.


          3)Requires, no later than an unspecified date, that each  
            jurisdiction shall inform the Department of Resources  
            Recycling and Recovery (CalRecycle) of its baseline amount of  
            collection and diversion of hazardous waste in accordance with  
            regulations adopted by CalRecycle.  The baseline amount may be  








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            expressed in tonnage or by the number of households  
            participating, and may focus on particular types of HHW.   
            CalRecycle shall approve or disapprove of a jurisdiction's  
            baseline amount no later than an unspecified date.


          4)Requires CalRecycle to adopt regulations to implement the  
            bill's provisions.


          5)Allows CalRecycle to adopt a model ordinance for a  
            comprehensive program for the collection of HHW to facilitate  
            compliance with the bill's provisions.


          6)Requires, starting at an unspecified date, and annually  
            thereafter, each jurisdiction to report to CalRecycle on  
            progress achieved in complying with the bill's provisions.  


          7)Requires a jurisdiction to make a good faith effort to comply  
            with the bill's provisions, and allows CalRecycle to determine  
            whether a jurisdiction has made a good faith effort for the  
            purposes of this program.  


          8)Provides, to the maximum extent practicable, that it is the  
            intent of the Legislature that reporting requirements under  
            the bill's provisions be satisfied by submission of similar  
            reports currently required by law.


          9)Prohibits the bill's provisions from applying to a  
            jurisdiction that does not provide for the residential  
            collection and disposal of solid waste.


          10)Defines the following terms:









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             a)   "Comprehensive program for the collection of HHW" to  
               mean a local program that includes the following  
               components:


               i)     Utilization of locally sponsored collection sites;


               ii)    Scheduled and publicly advertised drop off days;


               iii)   Door-to-door collection programs;


               iv)    Mobile collection programs;


               v)     Dissemination of information about how consumers  
                 should dispose of the various types of HHW; and,


               vi)    Education programs to promote consumer understanding  
                 and sue of the local components of a comprehensive  
                 program.


             b)   "HHW" includes, but is not limited to, the following:


               i)     Automotive products, including, but not limited to,  
                 antifreeze, batteries, brake fluid, motor oil, oil  
                 filters, fuels, was, and polish;


               ii)    Garden chemicals, including, but not limited to,  
                 fertilizers, herbicides, insect spray, pesticides, and  
                 weed killers;









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               iii)   Household chemicals, including, but not limited to,  
                 ammonia, cleaners, strippers, and rust removers;


               iv)    Paint products, including, but not limited to,  
                 paint, caulk, glue, stripper, thinner, and wood  
                 preservatives and stain;


               v)     Consumer electronics, including, but not limited to,  
                 televisions, computers, laptops, monitors, keyboards, DVD  
                 and CD players, VCRs, MP3 players, cell phones, desktop  
                 printers, scanners, fax machines, mouses, microwaves, and  
                 related cords;


               vi)    Swimming pool chemicals, including, but not limited  
                 to, chlorine tablets and liquids, pool acids, and  
                 stabilizers;


               vii)   Household batteries.  For purposes of this section,  
                 "household batteries" means batteries that individually  
                 weigh two kilograms or less of mercury, alkaline,  
                 carbon-zinc, or nickel-cadmium, and any other batteries  
                 typically generated as household waste, including, but  
                 not limited to, batteries used to provide power for  
                 consumer electronic and personal goods often found in a  
                 household;


               viii)  Fluorescent tubes and compact florescent lamps;


               ix)    Mercury-containing items, including, but not limited  
                 to, thermometers, thermostats, and switches;










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               x)     Home-generated sharps waste, as defined in existing  
                 law; and,


               xi)    Home-generated pharmaceutical waste.  For purposes  
                 of this section, "home-generated pharmaceutical waste"  
                 means a prescription or nonprescription drug, as  
                 specified, that is a waste generated by a household or  
                 households.  "Home-generated pharmaceutical waste" shall  
                 not include drugs for which producers provide a take-back  
                 program as a part of a United States Food and Drug  
                 Administration managed risk evaluation and mitigation  
                 strategy pursuant to Section 355-1 of Title 21 of the  
                 United States Code, or waste generated by a business,  
                 corporation, limited partnership, or an entity involved  
                 in a wholesale transaction between a distributer and a  
                 retailer.


          11)States that the Legislature finds and declares all of the  
            following:


             a)   HHW is creating environmental, health, and workplace  
               safety issues.  Whether due to unused pharmaceuticals,  
               batteries, medical devices, or other disposable consumer  
               items, effective and efficient disposal remains an  
               extraordinary challenge.


             b)   State and local efforts to address disposal of these  
               items have been well intended and, in some cases,  
               effective.  However, even the most effective programs have  
               very low consumer participation.  Other approaches being  
               promoted throughout the state would fragment the collection  
               of HHW and move collection away from consumer convenience.


             c)   In addition to other programs for the collection of HHW,  








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               a number of cities in California are already using curbside  
               HHW collection program, door-to-door HHW collection  
               programs, and HHW residential pickup services as mechanisms  
               for collecting and disposing of many commonly used  
               household items for which disposal has been the subject of  
               state legislation or local ordinances.  The waste disposal  
               companies and local governments that have implemented these  
               programs have found them to be valuable components of a  
               comprehensive approach to the management of HHW.


             d)   There is also an appropriate role for manufacturers and  
               distributors of these products in comprehensive efforts to  
               more effectively manage HHW.  That role should be based on  
               the ability of manufacturers and distributors to  
               communicate with consumers.


             e)   It is the intent of the Legislature to enact legislation  
               that would establish curbside HHW collection programs,  
               door-to-door HHW collection programs, and HHW residential  
               pickup services as the principal means of collecting HHW  
               and diverting it from California's landfills and waterways.


          12)States that no reimbursement is required because a local  
            agency or school district has the authority to levy service  
            charges, fees, or assessments sufficient to pay for the  
            program or level of services mandated by this act. 


          EXISTING LAW:  


          1)Requires, under the California Integrated Waste Management Act  
            of 1989, each city or county to divert 50 percent of solid  
            waste from landfill disposal or transformation on and after  
            January 1, 2000.  Establishes a statewide policy goal that not  
            less than 75 percent of solid waste be source reduced,  








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            recycled, or composted on and after January 1, 2020.  

          2)Requires cities and counties to prepare, adopt, and submit to  
            CalRecycle an HHW Element plan which identifies a program for  
            the safe collection, recycling, treatment, and disposal of  
            hazardous wastes that are generated by households within the  
            jurisdiction and provides a specific time frame for achieving  
            these objectives.
          3)Requires CalRecycle and the Department of Toxic Substance  
            Control (DTSC) to jointly maintain a database of all household  
            hazardous waste collection events, facilities, and programs  
            within the state and make that information available to the  
            public upon request.

          4)Establishes the California Oil Recycling Enhancement Act,  
            which requires manufacturers of used oil to pay a fee of 4  
            cents per quart (16 cents per gallon) to the Department of  
            Resources Recycling and Recovery (CalRecycle), which then pays  
            a recycling incentive of 4 cents per quart to industrial  
            generators, curbside collection program operators, and  
            certified used oil collection centers for used oil collected  
            from the public and transported for recycling.  

          5)Establishes the Electronic Waste Recycling Act of 2003, which  
            requires a retailer selling a covered electronic device (CED)  
            in California to collect a recycling fee (between $3 and $5)  
            from the consumer.  Fees are deposited into the Electronic  
            Waste Recovery and Recycling Account, which is continuously  
            appropriated to CalRecycle and the DTSC to make electronic  
            waste recovery payments to cover the net cost of an authorized  
            collector in operating a "free and convenient" system for  
            collecting, consolidating, and transporting CEDs, and to make  
            electronic waste recycling payments to cover an electronic  
            waste recycler's average net cost of receiving, processing,  
            and recycling CEDs.  Defines CED as a product that contains a  
            video display device 4 inches and larger. 

          6)Establishes the Cell Phone Recycling Act, which requires every  
            retailer of cell phones to have in place a system for the  








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            acceptance and collection of used cell phones for reuse,  
            recycling, or proper disposal.  

          7)Establishes the Rechargeable Battery Recycling Act, which  
            requires every retailer of rechargeable batteries to have in  
            place a system for the acceptance and collection of used  
            rechargeable batteries for reuse, recycling, or proper  
            disposal.  

          8)Establishes the Dry Cell Battery Management Act, which  
            establishes requirements for the production and labeling of  
            consumer products with dry cell batteries and sets limits on  
            the amount of mercury in those batteries.  

          9)Establishes the Mercury Thermostat Collection Act, which  
            requires manufacturers to establish and maintain a program for  
            mercury-added thermostats.  Requires the program to include  
            collection, handling, and arranging for appropriate management  
            of mercury-added thermostats.   

          10)Requires pharmaceutical manufacturers that sell or distribute  
            a medication in California that is usually self-injected at  
            home with a hypodermic needle to submit to CalRecycle a plan  
            that describes any actions taken by the manufacturer for the  
            safe collection and proper disposal 
          of the waste devices.  

          11)Establishes the Architectural Paint Recovery Program, which  
            requires architectural paint manufacturers to develop and  
            implement a program to manage waste latex paint.  

          12)Prohibits the disposal of home-generated sharps waste in  
            solid waste or recycling streams and requires pharmaceutical  
            manufacturers that sell or distribute a medication in  
            California that is self-injected at home through the use of a  
            hypodermic needle, pen needle, intravenous needle, or any  
            other similar device to annually submit a plan to CalRecycle  
            that describes what actions, if any, the manufacturer supports  
            for the safe management of sharps waste.








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          FISCAL EFFECT:  This bill is keyed fiscal and contains a  
          state-mandated local program.


          COMMENTS:  


          1)Bill Summary.  This bill requires jurisdictions that provide  
            for the residential collection and disposal of solid waste to  
            increase the collection and diversion of household hazardous  
            waste  by an unspecified percentage over a baseline amount.   
            The bill requires each jurisdiction to inform CalRecycle of  
            its baseline amount of collection and diversion of hazardous  
            waste in accordance with regulations adopted by CalRecycle, by  
            an unspecified date, and requires CalRecycle to approve or  
            disapprove of a jurisdiction's baseline amount by an  
            unspecified date.  A jurisdiction that has in place or adopts  
            an ordinance implementing a comprehensive program for the  
            collection of HHW will have an unspecified number of  
            additional years to meet the collection and diversion  
            objectives specified in the bill.  The bill also allows  
            CalRecycle to adopt a model ordinance for a comprehensive  
            program for the collection of HHW to facilitate compliance  
            with the bill's provisions.  


            This bill is an author-sponsored measure.


          2)Background on HHW.  HHW is hazardous waste commonly generated  
            by households and includes such ubiquitous items as batteries,  
            pesticides, electronics, fluorescent lamps, used oil,  
            solvents, and cleaners.  If these products are handled or  
            disposed of incorrectly, they can pose a threat to health and  
            safety and the environment. When these products are discarded,  
            they become "household hazardous waste."  In California, it is  
            illegal to dispose of HHW in the trash, down the drain, or by  








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            abandonment.  HHW needs to be disposed of through a HHW  
            program.  While there are many different approaches to the  
            collection and management of HHW, all are permitted by DTSC  
            and most are operated by local jurisdictions.  Some private  
            operators operate programs under contract with local  
            jurisdictions, including curbside and door-to-door collection.
            


            Many common products that are used in daily lives contain  
            potentially hazardous ingredients and require special care  
            when disposed of.  It is illegal to dispose of hazardous waste  
            in the garbage, down storm drains, or onto the ground.  HHW  
            are a wide range of products, including lights bulbs,  
            batteries, electronics, fluorescent lamps tubes,  
            mercury-containing items, electronic devices, acids,  
            oxidizers, pesticides, paints, solvents and other products  
            that pose an environmental threat.





          3)Types of HHW Programs:
             


             a)   Permanent Household Hazardous Waste Collection  
               Facilities (PHHWCFs).   PHHWCFs are HHW collection  
               facilities operated by a public agency on a continuous,  
               regular schedule and housed in a permanent or  
               semi-permanent structure at a fixed location.  The HHW  
               collected at the PHHWCF can only be stored at the facility  
               for one year.  Wastes are routinely taken for recycling or  
               disposal, and no wastes are allowed to remain at the  
               facility for more than one year after the date of  
               collection.  These facilities are authorized under Permit  
               by Rule (PBR) by the local jurisdiction, according to  
               regulatory standards adopted by DTSC.








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             b)   Curbside Collection.  Curbside HHW collection programs  
               may be operated by public agencies to collect one or more  
               of the following types of HHW:  used oil and filters, latex  
               paint, batteries, electronic wastes, and cell phones.   
               Curbside collection programs require authorization and are  
               operated according to the requirements established in the  
               HHW law. 





             c)   Door-to-Door/Residential Collections.  Residential  
               (door-to-door) HHW collection programs are a subset of the  
               HHW program and are operated by public agencies to collect  
               household hazardous wastes directly from individual  
               residences.  Business waste generated by a home-based  
               business may not be collected by a door-to-door program.   
               The collected wastes are then transported to an authorized  
               HHW collection facility.  Wastes to be collected by a  
               door-to-door program must be kept in a secure environment  
               by the resident and may not be left where they may be  
               accessed by the public, such as the sidewalk or curbside.
          4)Product Stewardship and Extended Producer Responsibility  
            (EPR).  Product stewardship refers to a policy model that  
            includes manufacturers in the end-of-life management for  
            products that they produce.  The California Product  
            Stewardship Council states that EPR is a strategy to place a  
            shared responsibility for end-of-life product management on  
            all entities involved in the product chain, instead of the  
            local governments and taxpayers, while encouraging product  
            design changes that minimize a negative impact on human health  
            and the environment at every stage of a product's lifecycle.   
            Ideally, EPR allows the costs of management and disposal to be  
            incorporated into the total cost of a product.  Good EPR  
            programs result in products that are better designed for reuse  
            and recycling, make recycling more convenient for consumers,  
            reduce illegal disposal of hazardous materials, and encourage  
            the use of recycled materials in new products.  








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          In 2007, CalRecycle adopted strategic directives to guide solid  
            waste management in California.  Strategic Directive 5:   
            Producer Responsibility states that "it is a core value of  
            [CalRecycle] that producers assume the responsibility for the  
            safe stewardship of their materials in order to promote  
            environmental sustainability."  
          5)Author's Statement.  According to the author, "Many common  
            household products such as antifreeze, drain cleaners,  
            household batteries, electronics, glue and adhesives,  
            household cleaners, paints, pesticides, pool cleaners,  
            solvents, sharps and products containing mercury  
            (thermometers, fluorescent lights, etc.) are hazardous. If  
            these products are handled or disposed of incorrectly, they  
            can pose a threat to human health, animals and the  
            environment. When these products are discarded, they become  
            "household hazardous waste" (HHW).


            "CalRecycle's 2008 Waste Characterization Study (2014 data  
            will be available in May of 2015) estimates that California  
            residents throw away approximately 120,379 tons of household  
            hazardous waste (HHW and E-Waste) annually.  In California, it  
            is illegal to dispose of HHW in the trash, down the drain, or  
            by abandonment.


            "Ultimately the goal of the bill is to increase the  
            diversion/reduction of HHW from the regular waste stream. Two  
            important factors have been identified in the scientific  
            literature looking at HHW disposal behavior - convenience and  
            knowledge of appropriate disposal. 


            "In 1989, landmark legislation (AB 939 by Assemblymember Sher)  
            was enacted that, among other things, required local  
            jurisdictions to "divert" 50% of all solid waste from landfill  








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            disposal through source reduction, recycling, and related  
            activity by January 1, 2000.  The "AB 939 Diversion" program  
            is heralded as an environmental and economic success.  The law  
            has conserved landfill capacity, created green jobs and  
            businesses, reduced greenhouse gases, conserved natural  
            resources, and contributed to the fight against climate  
            change.  As much as any law enacted in California, AB 939 has  
            contributed to the modern environmental ethic of stewardship. 


            "AB 45 borrows from the demonstrably successful "diversion"  
            laws and programs described above and requires local  
            jurisdictions to "divert" a yet to be determined percentage of  
            HHW from landfills by 2020.  Local jurisdictions that deploy  
            convenient comprehensive residential collection programs will  
            be given more time to achieve the diversion objective."


          6)Previous Legislation.  AB 2371 (Mullin) of 2014, as heard by  
            this Committee, would have required each jurisdiction, no  
            later than January 1, 2016, to review its HHW Element to  
            determine its effectiveness in the collection, recycling,  
            treatment, and disposal of household hazardous waste.  The  
            bill additionally would have required CalRecycle, on or before  
            January 1, 2017, to submit a report to the Legislature that  
            analyzes the effectiveness of the state's household hazardous  
              waste management system, and identify certain factors for  
            CalRecycle to consider in that report.  The bill was later  
            amended to deal with a different subject matter.


          7)Related Legislation.  AB 1159 (Gordon), pending in the  
            Environmental Safety and Toxic Materials Committee, would  
            establish a pilot product stewardship program for the  
            management of medical sharps and household primary batteries.


          8)Policy Considerations.  The Committee may wish to consider the  
            following:








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             a)   Blanks.  The Committee may wish to ask the author what  
               he intends to specify in the following blanks in the bill:


               i)     47121 (a)(1). On or before _____, each jurisdiction  
                 shall increase its collection and diversion of HHW in its  
                 service area by _____ percent over its baseline amount,  
                 as established in subdivision (b).


               ii)    47121 (a)(2).  Notwithstanding paragraph (1), a  
                 jurisdiction that has in place or adopts an ordinance  
                 implementing a comprehensive program for the collection  
                 of household hazardous waste shall have an additional  
                 _____years to meet the collection and diversion objective  
                 in paragraph (1).


               iii)   47121 (b).  No later than ____, each jurisdiction  
                 shall inform the department of its baseline amount of  
                 collection and diversion of hazardous waste in accordance  
                 with regulations adopted by the department.  The baseline  
                 amount may be expressed in tonnage or by the number of  
                 households participating, and may focus on particular  
                 types of household hazardous waste.  The department shall  
                 approve or disapprove 


               of a jurisdiction's baseline amount no later than _____.
               iv)    47123.  Commencing _____, and annually thereafter,  
                 each jurisdiction shall report to the department on  
                 progress achieved in complying with this section.


             b)   Local Control.  According to the Solid Waste Association  
               of Northern California, in opposition, "Jurisdictions  
               across the state have invested in infrastructure and  








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               collection programs to provide different forms of  
               convenience to residents.  Some cities and counties have  
               permanent facilities, some have mobile roundup events, and  
               some have a combination of both types of collection  
               opportunities.  Several jurisdictions have residential  
               curbside or door-to-door collection, particularly for the  
               elderly and disabled population.  Certain jurisdictions  
               have also implemented a variety of approaches that include  
               the collection of sharps at convalescent homes, batteries  
               at public libraries, pharmaceuticals at law enforcement  
               offices, and used marine oil at ports.  This local  
               flexibility is a fundamental tenet of the Integrated Waste  
               Management Act, including for HHW programs.  These existing  
               HHW collection programs are robust, comprehensive, cost  
               effective, and tailored for the communities served by the  
               jurisdictions."


             c)   Right Approach?  The California State Association of  
               Counties (CSAC), in opposition, writes that CSAC "strongly  
               supports the concept of EPR.  While this model may not be  
               appropriate for all products, EPR is an excellent tool to  
               employ for the producers of toxic and expensive-to-manage  
               products, requiring the industries that profit from the  
               products to have a stake in their proper management and  
               disposal.  Furthermore, this model incentivizes producers  
               to incorporate environmental considerations in their design  
               process, creating healthier products that are less toxic to  
               our environment.  


               "We believe that AB 45 would have the opposite effect on  
               California's HHW management system.  Requiring local  
               jurisdictions to create a HHW baseline amount, which would  
               be used to calculate an unspecified diversion mandate,  
               removes all incentive for the creation of additional EPR  
               programs in California.  HHW management is a very expensive  
               process as these toxic products require very specific  
               handling and local governments and taxpayers should not  








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               have to bear the entire burden of managing these products.   
               Furthermore, HHW is much different than municipal solid  
               waste and creating targets for division is more complicated  
               than household garbage.  HHW includes a number of different  
               products, including fluorescent lamps and tubes, various  
               chemicals, sharps, pharmaceuticals and more.  Households  
               consume varying amounts of these types of products and hold  
               onto them for varying amounts of time, thus making the  
               development of a baseline difficult."


               Additionally, the California Product Stewardship Council  
               (CPSC), in opposition, writes that "CPSC is concerned that  
               a mandate on local governments, who are already technically  
               required to divert 100 percent of HHW from landfills, will  
               create resource pressures on local governments in order to  
               divert a relatively minor, but very concerning, portion of  
               the waste stream which likely will dramatically increase  
               garbage rates and/or taxes.


               "While we support a policy known as 'Extended Producer  
               Responsibility'?.we have always been open to discussing  
               alternative solutions that provide for a sharing of the  
               responsibility between local governments, manufacturers,  
               and others.  Our opposition to AB 45 is based on the fact  
               that the bill currently places all of the responsibility on  
               local governments without any sharing of responsibilities."


          9)Arguments in Support.  Eli Lilly and Company supports the bill  
            if it is amended "to expressly pre-empt local ordinances that  
            mandate the collection of household waste including the  
            collection of home generated sharps or prescription or  
            non-prescription medicines."


          10)Arguments in Opposition.  Opponents argue that this bill will  
            not substantially increase participation in HHW collection,  








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            but will significantly increase costs to local government, and  
            erode the path to EPR that is now supported by many cities and  
            counties within California.  


          11)Double-Referral.  This bill is double-referred to the  
            Environmental Safety and Toxic Materials Committee.


          REGISTERED SUPPORT / OPPOSITION:




          Support




          Eli Lilly and Company (If Amended)




          Opposition


          Alameda County Board of Supervisors (In Concept)


          California Product Stewardship Council


          California State Association of Counties


          Cities of Burbank, Diamond Bar, Lawndale, Paramount, Roseville,  
          Santa Monica, and Torrance









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          Counties of San Bernardino and Tulare


          Marin County Board of Supervisors


          Lincoln Police Department


          Los Angeles County (Concerns)


          Los Angeles County Integrated Waste Management Task Force


          Rocklin Police Department


          Roseville Police Chief


          Rural County Representatives of California


          Placer County Board of Supervisors


          Sacramento County Board of Supervisors


          Santa Clara County Board of Supervisors


          Solid Waste Association of North America, California Chapters


          Stanislaus County Board of Supervisors









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          Urban Counties Caucus


          Western Pacer Waste Management Authority




          Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958