BILL NUMBER: AB 1004	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 12, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 2, 2010
	AMENDED IN SENATE  JANUARY 20, 2010
	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 27, 2009

   An act to amend Sections 48000, 48010, 48012, and 48013 of the
Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1004, Portantino. Solid waste: State Solid Waste Postclosure
and Corrective Action Trust Fund.
   (1) The California Integrated Waste Management Act of 1989
requires a solid waste disposal fee, on and after January 1, 2012, to
be increased by $0.12 per ton for each operator of a solid waste
landfill that notifies the Department of Resources Recycling and
Recovery that it elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund, which is available for
expenditure, upon appropriation by the Legislature, for corrective
action and postclosure activities. However, the fee will not be
operative on or after January 1, 2012, unless the department
receives, on or before July 1, 2011, letters of participation in the
fund from landfill operators representing at least 50% of the total
volume of waste disposed of in 2010. The act requires the department
to notify the State Board of Equalization on or before August 31,
2011, if the increased fee will become operative.
   This bill would extend all of those dates by 6 months, except the
total volume of waste would still be measured by the 2010 standard,
with the exception that letters of participation would be based on
submission of those letters by landfill owners rather than landfill
operators. The bill also would impose the participation notification
requirements on the owner of a landfill rather than the operator.
   (2) The act requires an operator of a landfill that meets
specified requirements, including electing to participate in the
fund, to submit written notice to the department on or before July 1,
2011. The act requires an operator that is operating a landfill on
July 1, 2011, and submits that notice after the increased fee goes
into effect to pay all trust fund fees applicable from January 1,
2012, and a 5% penalty before being allowed to participate. For a new
landfill that receives a solid waste facility permit after July 1,
2011, the act requires the operator's election to participate in the
fund to be submitted in writing to the department before the
department concurs in the issuance of the permit. The act also
requires an operator of multiple landfills who is required to
maintain evidence of financial ability and whose landfills are
operating on July 1, 2011, to include all other landfills in which
that operator has in common ownership in the letter of participation.

   This bill would extend all of those dates by 6 months, and would
apply those requirements to owners rather than operators.
Additionally, a landfill with multiple owners would be authorized to
participate only if all owners of that landfill elect to participate,
and participation of a landfill with multiple owners would not
obligate a partial owner of that landfill to include any other
landfills at which the owner has full or partial ownership.
   (3) The act requires the department after January 1, 2015, to
report annually on expenditures from the fund, the status of cost
recovery actions, and any recommended statutory changes that are
necessary to ensure adequate resources are available to carry out the
purposes of the fund.
   This bill would require the department to begin that annual
reporting after January 1, 2016, rather than January 1, 2015.


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

  SECTION 1.  Section 48000 of the Public Resources Code is amended
to read:
   48000.  (a) Each operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization, which is based on the
amount, by weight or volumetric equivalent, as determined by the
Department of Resources Recycling and Recovery, of all solid waste
disposed of at each disposal site.
   (b) (1) The fee for solid waste disposed of shall be one dollar
and thirty-four cents ($1.34) per ton. Commencing with the 1995-96
fiscal year, the amount of the fee shall be established by the
Department of Resources Recycling and Recovery at an amount that is
sufficient to generate revenues equivalent to the approved budget for
that fiscal year, including a prudent reserve, but shall not exceed
one dollar and forty cents ($1.40) per ton.
   (2) On and after July 1, 2012, the amount of the fee established
by the Department of Resources Recycling and Recovery pursuant to
paragraph (1) shall be increased by twelve cents ($0.12) per ton for
each operator of a solid waste landfill whose owner has notified the
department that it elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund pursuant to Article 2.1
(commencing with Section 48010).
   (c) The Department of Resources Recycling and Recovery shall
notify the state board on the first day of the period in which the
rate shall take effect of any rate change adopted pursuant to
paragraphs (1) and (2) of subdivision (b).
   (d) The Department of Resources Recycling and Recovery and the
state board shall ensure that all of the fees for solid waste imposed
pursuant to this section that are collected at a transfer station
are paid to the state board in accordance with this article.
   (e) (1) The fee imposed by paragraph (2) of subdivision (b) shall
not be operative on or after July 1, 2012, unless the Department of
Resources Recycling and Recovery receives, on or before January 1,
2012, letters of participation in the State Solid Waste Postclosure
and Corrective Action Trust Fund from landfill owners representing at
least 50 percent of the total volume of waste disposed of in 2010.
   (2) The Department of Resources Recycling and Recovery shall
notify the state board, on or before February 29, 2012, if the fee
imposed by paragraph (2) of subdivision (b) shall become operative
pursuant to paragraph (1).
  SEC. 2.  Section 48010 of the Public Resources Code is amended to
read:
   48010.  (a) (1) An owner of a landfill for which evidence of
financial ability is maintained pursuant to Article 4 (commencing
with Section 43600) of Chapter 2 of Part 4, whose landfill is
operating on January 1, 2012, and that elects to participate in the
State Solid Waste Postclosure and Corrective Action Trust Fund
pursuant to this article, shall submit written notice to the
Department of Resources Recycling and Recovery on or before January
1, 2012.
   (2) Except as provided in paragraph (3), an owner of multiple
landfills that elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund is required to submit
written notice that includes all of the owner's operating landfills
and all other landfills in which that owner has in common ownership.
   (3) A landfill with multiple owners may participate only if all
owners of that landfill elect to participate. Participation of a
landfill with multiple owners shall not obligate a partial owner of
that landfill to include any other landfill at which that owner has
full or partial ownership.
   (4) The Department of Resources Recycling and Recovery shall
provide to the state board the name and address, and any other
information necessary to administer and collect the fee imposed
pursuant to paragraph (2) of subdivision (b) of Section 48000, of
every owner of a landfill electing to participate in the State Solid
Waste Postclosure and Corrective Action Trust Fund on or before
February 29, 2012.
   (b) If an operator that is operating a landfill on January 1,
2012, submits a written notification to the Department of Resources
Recycling and Recovery that it elects to participate after the trust
fund fee goes into effect, the operator shall pay all trust fund fees
applicable from July 1, 2012, and a 5-percent penalty before being
allowed to participate.
   (c) For new landfills that receive a solid waste facility permit
after January 1, 2012, the owner's election to participate in the
State Solid Waste Postclosure and Corrective Action Trust Fund shall
be submitted in writing to the Department of Resources Recycling and
Recovery before the department concurs in the issuance of the permit
pursuant to Section 44009.
   (d) All elections to participate made by landfill owners pursuant
to this section are final, binding, and irrevocable for those owners
and their successors and assignees.
  SEC. 3.  Section 48012 of the Public Resources Code is amended to
read:
   48012.  After January 1, 2016, as part of the annual report
required pursuant to Section 40507, the Department of Resources
Recycling and Recovery shall report on expenditures from the State
Solid Waste Postclosure and Corrective Action Trust Fund, the status
of cost recovery actions, and any recommended statutory changes that
are necessary to ensure adequate resources are available to carry out
the purposes of the State Solid Waste Postclosure and Corrective
Action Trust Fund.
  SEC. 4.  Section 48013 of the Public Resources Code is amended to
read:
   48013.  Except as provided in paragraph (3) of subdivision (a) of
Section 48010, an owner of multiple landfills for which evidence of
financial ability is maintained pursuant to Article 4 (commencing
with Section 43600) of Chapter 2 of Part 4 and whose landfills are
operating on January 1, 2012, shall include all other landfills in
which that owner has in common ownership in the letter of
participation.