BILL NUMBER: AB 2211 CHAPTERED 09/29/06 CHAPTER 762 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 29, 2006 PASSED THE SENATE AUGUST 24, 2006 AMENDED IN SENATE AUGUST 9, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN ASSEMBLY MARCH 29, 2006 INTRODUCED BY Assembly Member Karnette FEBRUARY 22, 2006 An act to amend Sections 48020, 48021, and 48023 of the Public Resources Code, relating to solid waste, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 2211, Karnette Solid waste disposal site cleanup. The existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, establishes an integrated waste management program. The act requires the board to initiate a program for the cleanup of solid waste disposal sites and for cleanup of solid waste at codisposal sites where no responsible party is available to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. Existing law provides that all expenses incurred by the board in carrying out the program are to be paid from the Solid Waste Disposal Site Cleanup Trust Fund, which is continuously appropriated to the board for the direct cleanup of solid waste disposal sites and the cleanup of solid waste at codisposal sites and for emergency actions at solid waste disposal sites and solid waste at codisposal sites. Existing law authorizes the board, in administering the program, to expend funds for specified purposes, including loans to private parties and providing matching grants to public entities. The board is also authorized to provide grants to public entities for the abatement of illegal disposal sites. The board is required, to the extent possible, to seek reimbursement from responsible parties or the amounts expended under the cleanup program. This bill would additionally include, as eligible for emergency action funding, solid waste facilities and sites involving solid waste handling. The bill would authorize the board to expend funds directly for the cleanup of a publicly owned site only if the board determines that the public entity lacks resources or expertise to timely manage the cleanup itself. The bill would require the board to consider additional specified factors in considering partial grants that provide greater than 50% of the funds directly for the cleanup. The bill would delete the requirement that the grants provided be matching grants and would instead authorize the board to provide partial grants to public entities, to assist in site cleanup. The bill would specify, for purposes of expending funds to abate illegal disposal sites, that activities to remove or abate solid waste disposed into a municipal storm sewer system are eligible to receive partial grants, if the grant is used for solid waste cleanup, abatement, or any other activity that mitigates the impact of solid waste and an ongoing program is established to prevent recurring solid waste disposal into the municipal storm sewer. The bill would instead require the board to seek reimbursement to the extent feasible. The bill would make an appropriation by changing the terms and conditions under which the funds in a continuously appropriated account may be expended. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 48020 of the Public Resources Code is amended to read: 48020. (a) For purposes of this article, the following terms have the following meaning: (1) "Codisposal site" means a hazardous substance release site listed pursuant to Section 25356 of the Health and Safety Code, where the disposal of hazardous substances, hazardous waste, and solid waste has occurred. (2) "Trust fund" means the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Section 48027. (b) The board shall, on January 1, 1994, initiate a program for the cleanup of solid waste disposal sites and for the cleanup of solid waste at codisposal sites where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. (c) The board shall not expend more than 5 percent of the funds appropriated for the purpose of the program by a statute other than the Budget Act to administer that program, unless a different amount is otherwise appropriated to administer the program in the annual Budget Act. If a different amount is appropriated to administer the program in the annual Budget Act, it shall be set forth in a separate line item. All remaining funds appropriated for the purposes of the program shall be expended on direct cleanup pursuant to subdivision (b) or emergency actions at solid waste facilities, disposal sites, sites involving solid waste handling, and for solid waste at codisposal sites. SEC. 2. Section 48021 of the Public Resources Code is amended to read: 48021. (a) In prioritizing the sites for cleanup pursuant to Section 48020, the board shall consider the degree of risk to public health and safety and the environment posed by conditions at a site, the ability of the site owner to clean up the site without monetary assistance, the ability of the board to clean up the site adequately with available funds, maximizing the use of available funds, and other factors as determined by the board. (b) (1) In administering the program authorized by Section 48020, the board may expend funds directly for cleanup, provide loans to parties who demonstrate the ability to repay state funds, and provide partial grants to public entities, to assist in site cleanup. (2) The board may expend funds directly for the cleanup of a publicly owned site only if the board determines that the public entity lacks resources or expertise to timely manage the cleanup itself. (3) In addition to the criteria specified in subdivision (a), in considering partial grants that provide greater than 50 percent of the funds directly for cleanup, the board shall consider the amount of contributions of moneys or in-kind services from the applicant; the availability of other appropriate funding sources to remediate the site; the degree of public benefit; the presence of innovative and cost-effective programs to abate or prevent solid waste problems to be addressed by the grants; and other factors as determined by the board. (c) (1) In addition to the expenditures specified in subdivision (b), the board may expend a portion of the funds appropriated for the program to abate illegal disposal sites. (2) For the purposes of this subdivision, the board may provide grants to public entities. (3) Where funds are provided by the board to address illegal disposal sites within a jurisdiction, the local enforcement agency shall provide ongoing enforcement to prevent recurring illegal disposal at the site. (4) For the purposes of this subdivision, an activity to remove or abate solid waste disposed into a municipal storm sewer is eligible to receive a partial grant, if the grant is used for solid waste cleanup, solid waste abatement, or any other activity that mitigates the impact of solid waste, and an ongoing program is established to prevent recurring solid waste disposal into the municipal storm sewer. (d) In developing and implementing the program, the board shall consult with certified local enforcement agencies and the regional water boards. SEC. 3. Section 48023 of the Public Resources Code is amended to read: 48023. If the board expends any funds pursuant to this article, the board shall, to the extent feasible, seek repayment from responsible parties in an amount equal to the amount expended, a reasonable amount for the board's cost of contract administration, and an amount equal to the interest that would have been earned on the expended funds. (b) In implementing this article, the board is vested, in addition to its other powers, with all the powers of an enforcement agency under this division. (c) The amount of any cost incurred by the board pursuant to this article shall be recoverable from responsible parties in a civil action brought by the board or, upon the request of the board, by the Attorney General pursuant to Section 40432.