BILL NUMBER: SB 167 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2009
INTRODUCED BY Senator Ducheny
FEBRUARY 14, 2009
An act to amend Sections 42885.5 and 42889 of the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 167, as amended, Ducheny. Solid waste: waste tires.
The California Tire Recycling Act imposes a California tire fee on
a new tire purchased in the state. The revenue generated from the
fee is used, upon appropriation by the Legislature, for the purposes
of programs related to waste tires. The act requires the
California Integrated Waste Management Board to adopt a 5-year
plan, which is to be updated biennially, to establish goals and
priorities for waste tire programs that include, among other things,
specified border region activities, conducted in coordination with
the California Environmental Protection Agency, related to waste
tires in the California-Mexico border region.
This bill would, additionally, require the 5-year plan to include,
as a border activity, the development of projects in Mexico in the
California-Mexico border region, including education, infrastructure,
mitigation, cleanup, prevention, reuse, and recycling projects, that
address the movement of used tires from California to Mexico that
are eventually disposed of in California.
The bill would authorize the board, upon appropriation by the
Legislature, to use the revenues generated from the California tire
fee to fund border activities.
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. The Legislature finds and declares all of the
following:
(a) According to the California Integrated Waste
Management Board's Five Year Plan for the Waste Tire Recycling
Management Program, Fourth Edition, issued on July 1, 2007, nearly
2.3 million reusable and waste tires were exported from California
with many of the tires exported to Mexico.
(b) Many of the tires exported to Mexico have a very short life
span and are illegally disposed of or are used inappropriately for
structural purposes in shanty towns and colonias in or near the City
of Tijuana, Mexico.
(c) Illegally disposed tires on the Mexico side of the border have
caused environmental issues in California such as,
, such as tires entering into the Tijuana Estuary and
smoke from tire fires in Mexicali dispersing into Calexico.
(d) During the wet weather months, stormwater carries thousands of
waste tires back across the border from Tijuana into California
through the Tijuana River channel and open culverts in the border
fence.
(e) Waste tires from Tijuana blanket the sensitive ecosystems of
the Tijuana River Valley, Estuary, and Border Field State Park.
Approximately 80,000 pounds of tires are removed by hand each year
from the river, sediment basins, and the sensitive habitats of the
Tijuana River Valley and the Tijuana River National
Estuaries Estuarine Research Reserve.
(f) Waste tires that cannot be removed serve as breeding grounds
for mosquitoes, viruses, and rodents threatening the public health.
(g) Federal, state, and local agencies spend between five dollars
($5) and thirteen dollars ($13) to excavate each tire that is
ultimately deposited in a California landfill.
(h) It is more efficient and cost effective to work directly with
agencies in Baja California to invest in, and develop cooperative
recycling and reuse projects, mirroring the effective waste tire
programs in California.
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) 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, 2010, 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.
(F) Development of projects in Mexico in the California-Mexico
border region, as defined by the La Paz Agreement, that include, but
are not limited to, education, infrastructure, mitigation, cleanup,
prevention, reuse, and recycling projects, that address the movement
of used tires from California to Mexico that are eventually disposed
of in California.
(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.
SEC. 3. Section 42889 of the Public Resources Code, as amended by
Section 26 of Chapter 696 of the Statutes of 2008, is amended to
read:
42889. (a) Commencing January 1, 2005, of the moneys collected
pursuant to Section 42885, an amount equal to seventy-five cents
($0.75) per tire on which the fee is imposed shall be transferred by
the State Board of Equalization to the Air Pollution Control Fund.
The state board shall expend those moneys, or allocate those moneys
to the districts for expenditure, to fund programs and projects that
mitigate or remediate air pollution caused by tires in the state, to
the extent that the state board or the applicable district determines
that the program or project remediates air pollution harms created
by tires upon which the fee described in Section 42885 is imposed.
(b) The remaining moneys collected pursuant to Section 42885 shall
be used to fund the waste tire program, and shall be appropriated to
the board in the annual Budget Act in a manner consistent with the
five-year plan adopted and updated by the board. These moneys shall
be expended for the payment of refunds under this chapter and for the
following purposes:
(1) To pay the administrative overhead cost of this chapter, not
to exceed 6 percent of the total revenue deposited in the fund
annually, or an amount otherwise specified in the annual Budget Act.
(2) To pay the costs of administration associated with collection,
making refunds, and auditing revenues in the fund, not to exceed 3
percent of the total revenue deposited in the fund, as provided in
subdivision (c) of Section 42885.
(3) To pay the costs associated with operating the tire recycling
program specified in Article 3 (commencing with Section 42870).
(4) To pay the costs associated with the development and
enforcement of regulations relating to the storage of waste tires and
used tires. The board shall consider designating a city, county, or
city and county as the enforcement authority of regulations relating
to the storage of waste tires and used tires, as provided in
subdivision (c) of Section 42850, and regulations relating to the
hauling of waste and used tires, as provided in subdivision (b) of
Section 42963. If the board designates a local entity for that
purpose, the board shall provide sufficient, stable, and
noncompetitive funding to that entity for that purpose, based on
available resources, as provided in the five-year plan adopted and
updated as provided in subdivision (a) of Section 42885.5. The board
may consider and create, as appropriate, financial incentives for
citizens who report the illegal hauling or disposal of waste tires as
a means of enhancing local and statewide waste tire and used tire
enforcement programs.
(5) To pay the costs of cleanup, abatement, removal, or other
remedial action related to waste tire stockpiles throughout the
state, including all approved costs incurred by other public agencies
involved in these activities by contract with the board. Not less
than six million five hundred thousand dollars ($6,500,000) shall be
expended by the board during each of the following fiscal years for
this purpose: 2001-02 to 2006-07, inclusive.
(6) To make studies and conduct research directed at promoting and
developing alternatives to the landfill disposal of waste tires.
(7) To assist in developing markets and new technologies for used
tires and waste tires. The board's expenditure of funds for purposes
of this subdivision shall reflect the priorities for waste management
practices specified in subdivision (a) of Section 40051.
(8) To pay the costs associated with implementing and operating a
waste tire and used tire hauler program and manifest system pursuant
to Chapter 19 (commencing with Section 42950).
(9) To pay the costs to create and maintain an emergency reserve,
which shall not exceed one million dollars ($1,000,000).
(10) To pay the costs of cleanup, abatement, or other remedial
action related to the disposal of waste tires in implementing and
operating the Farm and Ranch Solid Waste Cleanup and Abatement Grant
Program established pursuant to Chapter 2.5 (commencing with Section
48100) of Part 7.
(11) To fund border region activities specified in paragraph (8)
of subdivision (b) of Section 42885.5.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2015, deletes or extends that
date.
SEC. 4. Section 42889 of the Public Resources Code, as amended by
Section 27 of Chapter 696 of the Statutes of 2008, is amended to
read:
42889. Funding for the waste tire program shall be appropriated
to the board in the annual Budget Act. The moneys in the fund shall
be expended for the payment of refunds under this chapter and for the
following purposes:
(a) To pay the administrative overhead cost of this chapter, not
to exceed 5 percent of the total revenue deposited in the fund
annually, or an amount otherwise specified in the annual Budget Act.
(b) To pay the costs of administration associated with collection,
making refunds, and auditing revenues in the fund, not to exceed 3
percent of the total revenue deposited in the fund, as provided in
subdivision (b) of Section 42885.
(c) To pay the costs associated with operating the tire recycling
program specified in Article 3 (commencing with Section 42870).
(d) To pay the costs associated with the development and
enforcement of regulations relating to the storage of waste tires and
used tires. The board shall consider designating a city, county, or
city and county as the enforcement authority of regulations relating
to the storage of waste tires and used tires, as provided in
subdivision (c) of Section 42850, and regulations relating to the
hauling of waste and used tires, as provided in subdivision (b) of
Section 42963. If the board designates a local entity for that
purpose, the board shall provide sufficient, stable, and
noncompetitive funding to that entity for that purpose, based on
available resources, as provided in the five-year plan adopted and
updated as provided in subdivision (a) of Section 42855.5
42885.5 . The board may consider and create, as
appropriate, financial incentives for citizens who report the illegal
hauling or disposal of waste tires as a means of enhancing local and
statewide waste tire and used tire enforcement programs.
(e) To pay the costs of cleanup, abatement, removal, or other
remedial action related to waste tire stockpiles throughout the
state, including all approved costs incurred by other public agencies
involved in these activities by contract with the board. Not less
than six million five hundred thousand dollars ($6,500,000) shall be
expended by the board during each of the following fiscal years for
this purpose: 2001-02 to 2006-07, inclusive.
(f) To fund border region activities specified in paragraph (8) of
subdivision (b) of Section 42885.5.
(g) This section shall become operative on January 1, 2015.