BILL NUMBER: SB 230	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Cogdill

                        FEBRUARY 23, 2009

   An act to amend Section 42954 of the Public Resources Code,
relating to waste tire haulers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 230, as amended, Cogdill. Waste tire haulers: registration.
   Existing law requires every person who engages in the
transportation of waste or used tires to hold a valid waste and used
tire hauler registration issued by the California Integrated Waste
Management Board, and requires a registered waste and used tire
hauler to only transport waste or used tires to a facility that meets
the conditions for being permitted, excluded, exempted, or
authorized to accept waste and used tires, or to a facility that
lawfully accepts waste or used tires for reuse or disposal. Existing
law exempts certain persons from registration if the person meets at
least one of 8 specified standards, including  transporting
fewer than 10 waste or used tires at any one time   a
person, who is not a waste tire generating business who is
transporting waste or used tires to an amnesty day   event
or to an authorized location, and has written authorization from the
local enforcement agency  .
   This bill would  additionally exempt from the waste and
used tire hauler registration requirements a person who is an owner
or employee of an agriculture business concern, as defined, that is
not a waste tire generating business, if the person is hauling used
or waste tires that were used on a vehicle owned or operated by that
agriculture business concern.   additionally exempt from
the waste and used tire hauler registration requirements, a person
transporting illegally dumped waste or used tires to an amnesty day
event or to an authorized location who has received written
authorization, which includes specific conditions and dates and
documentation that a police report has been   filed for the
illegally dumped tires, from the local enforcement agency.  The
bill would also make technical and clarifying changes.
   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 42954 of the Public Resources Code is amended
to read:
   42954.  (a) A person who hauls waste or used tires is exempt from
registration under this chapter if at least one of the following
conditions is met:
   (1) The person transports fewer than 10 waste or used tires at any
one time.
   (2) The person is, or hauls used and waste tires in a vehicle
owned and operated by, the United States, the State of California, or
any county, city, town, or municipality in the state, except when
the vehicle the public agency owns or operates is used as a waste and
used tire carrier for hire.
   (3) The waste or used tires were inadvertently mixed or commingled
with solid waste, and it is not economical or safe to remove or
recover them.
   (4) The  vehicle   load containing the used
or waste tires  originated outside the boundaries of the state
and is destined for a point outside the boundaries of the state, if
no waste or used tires are loaded or unloaded within the boundaries
of the state.
   (5) The person is hauling waste or used tires for agricultural
purposes. However, notwithstanding Section 42961.5, a person hauling
waste or used tires for agricultural purposes shall carry a manifest
from the generator in the vehicle during transportation, which may be
destroyed after delivery.
   (6) The waste or used tires were hauled by a common carrier who
transported something other than waste or used tires to an original
destination point and then transported waste or used tires on the
return part of the trip, and the revenue derived from the waste or
used tires is incidental when compared to the revenue earned by the
carrier.
   (7) The person, who is not a waste tire generating business, is
transporting waste or used tires to an amnesty day event or to a
location that meets the conditions specified in subdivision (b) of
Section 42951, and has received written authorization, which includes
specific conditions and dates, from the local enforcement agency.
The local enforcement agency shall provide copies of any written
authorizations to the board within 30 days of their issuance.

   (8) (A) The person is an owner or employee of an agriculture
business concern that is not a waste tire generating business and the
person is hauling used or waste tires that were used on vehicles
owned or operated by that agriculture business concern. 

   (B) For purposes of this paragraph, "agriculture business concern"
means a sole proprietorship, corporation, association, firm,
partnership, trust, or other form of commercial organization that
primarily conducts operations relating to agriculture.  

   (8) The person is transporting illegally dumped waste or used
tires to an amnesty day event or to a location that meets the
conditions specified in subdivision (b) of Section 42951, and has
received written authorization, which includes specific conditions
and dates and documentation that a police report has been filed for
the illegally dumped tires, from the local enforcement agency. The
local enforcement agency shall provide copies of any written
authorizations to the board within 30 days of their issuance. 
   (9) The person complies with any additional conditions for
exemption, as approved by the board.
   (b) A person who transports tires to a location that does not meet
the conditions specified in subdivision (b) of Section 42951 shall
not be exempt pursuant to subdivision (a), except as specified in
paragraph (7) of subdivision (a).