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CC RESOLUTION 4547RESOLUTION NO. 4547 A RESOLUTION OF THE CITY OF EL SEGUNDO SUPPORTING CONTINUED AB 939 DIVERSION CREDIT FOR USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER (ADC) AT LANDFILLS AND OPPOSING AB 2640 (HUFFMAN) AS AN UNNECESSARY RESTRICTION UPON THE USE OF ADC BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. The Integrated Waste Management Act of 1989 (Assembly Bill 939 or "AB 939 ") 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 best to comply with the law; B. The City of El Segundo has since the inception of AB 939 met the statutory diversion requirements contained in the law and has the distinction of having the highest diversion rate of any municipal jurisdiction in the state; C. The California Integrated Waste Management Board has approved Alternative Daily Cover (ADC) green waste material use in landfills and does not record ADC as disposal but considers it as diversion through recycling; D. The use of green waste as ADC at landfills, and more specifically those operated by the Los Angeles County Sanitation Districts, conserves natural resources, energy, and landfill capacity, and contributes to the production of green power from landfill gas thereby reducing reliance on fossil fuels; E. Assemblymember Huffman has introduced AB 2640 which proposes to eliminate waste diversion credits for green waste ADC programs and would thereby severely limit the discretion local government jurisdictions are now afforded by AB 939; thereby requiring them to invest substantial additional resources in developing new programs to replace those green waste ADC programs. SECTION 2: The City of El Segundo strongly supports the continuation of waste diversion through recycling for green waste Alternative Daily Cover programs under AB 939, and opposes AB 2640 as an unwarranted imposition on the discretion of local government agencies ability to utilize ADC as a recycle program. SECTION 3: The City Manager is directed and authorized to communicate the City Council's policy position on this matter to members of the Legislature, the Governor and administrative agencies as necessary. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 1 s- ATTEST: Citidy Mo , ity ClerK APPROVED AS T R Mark D. Hensley, Cit orn i i By: { Karl/H. terger Assistant City Attorr�y