BILL NUMBER: SB 898	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 23, 2007

   An act to amend Section 48021 of the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 898, as introduced, Simitian. Solid waste: cleanup.
   Under the California Integrated Waste Management Act of 1989, the
California Integrated Waste Management Board is required to initiate
a program for the cleanup of solid waste disposal sites and the
cleanup of solid waste at codisposal sites, as defined, 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. The act
authorizes the board to expend a portion of the funds appropriated
for the program for grants to public entities to abate illegal
disposal sites, and specifies that for purposes of that
authorization, 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.
   This bill would specify that the authorization to use a grant for
any other activity that mitigates the impact of solid waste, concerns
solid waste that would otherwise be disposed into the municipal
storm sewer. The bill would also specify that the ongoing program
established to prevent recurring solid waste disposal into the
municipal storm sewer is required to be established by the public
entity.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  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  that otherwise would be  
disposed into the municipal storm sewer  , and an ongoing
program is established  by the public entity  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.