BILL NUMBER: SB 772	CHAPTERED  09/06/05

	CHAPTER  214
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2005
	PASSED THE ASSEMBLY  AUGUST 18, 2005
	PASSED THE SENATE  MAY 26, 2005
	AMENDED IN SENATE  APRIL 27, 2005

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 22, 2005

   An act to amend Section 42885.5 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 772, Ducheny  Environment: border region: waste and used tires.

   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 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 additionally require the plan to include specified
border region activities, conducted in coordination with the
California Environmental Protection Agency, including training
programs, environmental education, waste tire abatement, tracking
tire flow across the border, and coordination with regard to
environmental and control requirements.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  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) A description of the grants, loans, contracts, and other
expenditures proposed to be made by the board under the tire
recycling program.
   (7) 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.
   (8) Border region activities, conducted in coordination with the
California Environmental Protection Agency, including, but not
limited to, all of the following:
   (A) Training programs to assist Mexican waste and used tire
haulers to meet the requirements for hauling those tires in
California.
   (B) Environmental education training.
   (C) Development of a waste tire abatement plan, with the
appropriate government entities of California and Mexico.
   (D) Tracking both the legal and illegal waste and used tire flow
across the border and recommended revisions to the waste tire
policies of California and Mexico.
   (E) Coordination with businesses operating in the border region
and with Mexico, with regard to applying the same environmental and
control requirements throughout the border region.
   (c) The board shall base the budget for the California Tire
Recycling Act and program funding on the plan.
   (d) The plan may not propose financial or other support that
promotes, or provides for research for the incineration of tires.