BILL NUMBER: AB 525	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 15, 2011

   An act to amend Section 42885.5 of, and to add and repeal Section
42872.5 of, the Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 525, as introduced, Gordon. Solid waste: tire recycling.
   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 deposited in the California Tire Recycling Management Fund for
expenditure, upon appropriation by the Legislature, for the purposes
of programs related to waste tires, including grants to local
entities involved in activities that result in reduced landfill
disposal of used whole tires. The act requires the Department of
Resources Recycling and Recovery to adopt a 5-year plan, which is to
be updated biennially, to establish goals and priorities for waste
tire programs.
   This bill would require the department to provide outreach to
local agencies regarding a program it may establish under existing
law to award grants to cities, counties, and other local government
agencies for the funding of public works projects that use waste
tires in public works projects. The bill would prohibit the amount
appropriated for this purpose from the fund to not be less than an
unspecified percent of the amount of the funds appropriated for
market development and new technology activities for used tires and
waste tires.
   The bill would make the public works waste tire grant program
inoperative on June 30, 2015, and would repeal the provision
authorizing this program on January 1, 2016. The bill would also make
conforming changes with regard to the department's 5-year plan.
   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 42872.5 is added to the Public Resources Code,
to read:
   42872.5.  (a) The grants awarded pursuant to Section 42872 may be
made to cities, counties, and other local government agencies for the
funding of public works projects that use waste tires, including,
but not limited to, the use of rubberized asphalt concrete and
tire-derived aggregate.
   (b) The grants described in subdivision (a) shall be funded by an
appropriation in the annual Budget Act from the California Tire
Recycling Management Fund established pursuant to Section 42885. To
the extent possible, depending on the number of qualified
applications, the amount of the funds appropriated in the annual
Budget Act for purposes of this section shall not be less than ___
percent of the amount of the funds appropriated pursuant to this
chapter, in accordance with paragraph (4) of subdivision (b) of
Section 42885.5, for market development and new technology activities
for used tires and waste tires.
   (c) In order to provide outreach to local agencies regarding the
use of rubberized asphalt concrete in public works projects, all of
the following shall occur:
   (1) The department shall create, annually update, and post on its
Internet Web site a database of public works projects that use waste
tires that were completed by local agencies receiving grants for
purposes of this section.
   (2) The Department of Transportation shall post on its public
Internet Web site data and descriptions regarding state public works
projects using waste tires.
   (3) The department shall post on its public Internet Web site a
link to the data and descriptions provided under paragraph (2).
   (4) The department shall provide technical support to local
agencies on the design and application for using waste tires in
public works projects.
   (d) This section shall become inoperative on June 30, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 42885.5 of the Public Resources Code is amended to
read:
   42885.5.  (a) The  board   department 
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   department  shall submit the
adopted five-year plan to the appropriate policy and fiscal
committees of the Legislature. The  board  
department  shall include in the plan, programmatic and fiscal
issues including, but not limited to, the hierarchy used by the
 board   department  to maximize productive
uses of waste and used tires, and the performance objectives and
measurement criteria used by the  board  
department  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   department  , 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  
department  under the tire recycling program.
   (7) Until June 30,  2010,   2015,  the
grant program authorized under Section 42872.5 to encourage the use
of  waste tires, including, but not limited to,  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   department  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.