BILL NUMBER: SB 1346 CHAPTERED 09/18/02 CHAPTER 671 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002 APPROVED BY GOVERNOR SEPTEMBER 17, 2002 PASSED THE SENATE AUGUST 29, 2002 PASSED THE ASSEMBLY AUGUST 25, 2002 AMENDED IN ASSEMBLY AUGUST 23, 2002 AMENDED IN SENATE MAY 23, 2002 AMENDED IN SENATE MAY 8, 2002 AMENDED IN SENATE APRIL 9, 2002 INTRODUCED BY Senator Kuehl (Coauthors: Senators McPherson, Romero, and Torlakson) (Coauthors: Assembly Members Aroner, Koretz, Lowenthal, Pavley, Simitian, and Washington) FEBRUARY 4, 2002 An act to amend Section 42885.5 of, and to add and repeal Section 42872.5 of, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST SB 1346, Kuehl. Solid waste: tire recycling program: rubberized asphalt concrete: public works projects. The existing California Tire Recycling Act requires the California Integrated Waste Management Board to administer a tire recycling program that promotes and develops alternatives to the landfill disposal of used whole tires. The board is authorized to implement various grant, subsidy, and loan programs to encourage the recycling of waste tires. The board is required to adopt and biennially update a 5-year plan to establish goals and priorities for the waste tire program, including specified program elements. The budget for implementation of the act and the funding of the tire recycling program are based upon the 5-year plan. This bill would authorize the board to implement a program, until June 30, 2006, to award grants to cities, counties, districts, and other local governmental agencies for the funding of public works projects that use rubberized asphalt concrete. The grants would be funded by an appropriation in the annual Budget Act from the California Tire Recycling Management Fund. The bill would require the board, in cooperation with its Rubberized Asphalt Concrete Technology Centers, to create, annually update, and post on each center's Internet Web site a data base of public works projects that include rubberized asphalt concrete that were completed by local agencies. The bill would require the Department of Transportation to post on its public Internet Web site data and descriptions regarding state public works projects using rubberized asphalt concrete. The board would be required to post on its public Internet Web site links to connect to all of this information. The bill would require the board to include the rubberized asphalt concrete technology grant program as a program element in the 5-year plan. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 42872.5 is added to the Public Resources Code, to read: 42872.5. (a) In addition to the purposes listed in Section 42872, the tire recycling program may include the awarding of grants to cities, counties, districts, and other local governmental agencies for the funding of public works projects that use rubberized asphalt concrete. In addition to the factors listed in Sections 42874 and 42875, a grant for a public works project that uses rubberized asphalt concrete shall be awarded subject to all of the following: (1) A grant shall be limited to a project that is both projected to generate between 2,500 and 20,000 tons of rubberized asphalt concrete during the life of the project and that uses 20 pounds or more of crumb rubber per ton of rubberized asphalt concrete. (2) The amount of a grant that qualifies under paragraph (1) shall be equal to two dollars and fifty cents ($2.50) for each ton of rubberized asphalt concrete projected to be generated by the project. (3) The total amount of a grant that qualifies under paragraph (1) shall be six thousand two hundred fifty dollars ($6,250) or more, but not more than fifty thousand dollars ($50,000), as determined pursuant to paragraph (2). (b) Grants made under this section shall be funded by an appropriation in the annual Budget Act from the California Tire Recycling Management Fund established pursuant to Section 42885. To the extent possible, depending on the number of qualified applications and whether there is a sufficient supply of crumb rubber, funds allocated pursuant to this section shall be equal to 16 percent of the funds budgeted pursuant to this chapter for market development and new technology activities for used tires and waste tires. (c) In order to provide outreach to local agencies regarding the use of rubberized asphalt concrete in public works projects, all of the following shall occur: (1) The board, in cooperation with its Rubberized Asphalt Concrete Technology Centers, shall create, annually update, and post on each center's Internet Web site a data base of public works projects that include rubberized asphalt concrete that were completed by local agencies. (2) The Department of Transportation shall post on its public Internet Web site data and descriptions regarding state public works projects using rubberized asphalt concrete. (3) The board shall post on its public Internet Web site a link to connect to the data base created under paragraph (1) and the data and descriptions provided under paragraph (2). (d) This section shall become inoperative on June 30, 2006, and, as of January 1, 2007, is repealed, unless a later enacted statute that is enacted before January 1, 2007, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 42885.5 of the Public Resources Code is amended to read: 42885.5. (a) The board shall adopt a five-year plan, which shall be updated every two years, to establish goals and priorities for the waste tire program and each program element. (b) On or before July 1, 2001, and every two years thereafter, the board shall submit the adopted five-year plan to the appropriate policy and fiscal committees of the Legislature. The board shall include, in the plan, programmatic and fiscal issues including, but not limited to, the hierarchy used by the board to maximize productive uses of waste and used tires and the performance objectives and measurement criteria used by the board to evaluate the success of its waste and used tire recycling program. Additionally, the plan shall describe each program element's effectiveness, based upon performance measures developed by the board, including, but not limited to, the following: (1) Enforcement and regulations relating to the storage of waste and used tires. (2) Cleanup, abatement, or other remedial action related to waste tire stockpiles throughout the state. (3) Research directed at promoting and developing alternatives to the landfill disposal of waste tires. (4) Market development and new technology activities for used tires and waste tires. (5) The waste and used tire hauler program and manifest system. (6) Until June 30, 2006, the grant program authorized under Section 42872.5 to encourage the use of rubberized asphalt concrete technology in public works projects. (c) The board shall base the budget for the California Tire Recycling Act and program funding on the plan.