BILL ANALYSIS Ó AB 525 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 525 (Gordon) As Amended September 2, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 31, 2011) |SENATE: |22-12|(September 8, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: NAT. RES. SUMMARY : Allows the Department of Resources Recycling and Recovery (DRRR) to award grants from the California Tire Recycling Management Fund to cities, counties, and other local government agencies for the funding of public works projects that use waste tires. The Senate amendments : 1)Remove language that required, subject to the number of applicants and available funds, that not less than 16% of the amount appropriated be used for market development and new technology activities. 2)Establish the Architectural Paint Stewardship Account and the Architectural Paint Stewardship Penalty Subaccount in the Integrated Waste Management Fund. EXISTING LAW : 1)Requires, pursuant to the California Tire Recycling Act (Act), DRRR to administer a tire recycling program that promotes and develops alternatives to the landfill disposal of used whole tires. The tire recycling program may include, among other things, the awarding of grants, subsidies, and loans to businesses or other enterprises, and public entities, involved in activities that result in reduced landfill disposal or stockpiling of used whole tires. Activities eligible for funding may include the manufacturing of products made from used tires, such as rubberized asphalt and crash barriers. 2)Requires DRRR to adopt a five-year plan, which must be updated every two years, to establish goals and priorities for the tire recycling program. AB 525 Page 2 3)Establishes the California Tire Recycling Management Fund (Fund), which funds the tire recycling program. The Fund is supported by the California tire fee, which is a $1.75 per tire charge imposed on a person who purchases a new tire. AS PASSED BY THE ASSEMBLY , this bill: 1)Allowed DRRR, as part of the tire recycling program, to award grants to cities, counties, and other local government agencies for the funding of public works projects that use waste tires. The provisions in the Act regarding local government public works projects will sunset on June 30, 2015. 2)Required DRRR, as part of the five year plan and until June 30, 2015, to describe the grant program's effectiveness to encourage the use of waste tires, including, but not limited to, rubberized asphalt concrete technology, in public works projects. FISCAL EFFECT : According to the Senate Appropriations Committee, based on projected program expenditures, this bill will require at least $2.1 million per year to be provided through grants for the purposes of the bill. Any administrative costs to implement the bill should be absorbable within existing resources. By setting a minimum amount of funding for certain types of grants, this bill will potentially reduce available funds for other uses. COMMENTS : According to DRRR, since passage of the Act in 1989, California has dramatically increased the number of waste tires diverted from landfill disposal and sent to beneficial end uses. DRRR estimates that in 2009, Californians generated 41.3 million waste tires. The beneficial use of 30 million of these tires represents a recycling rate of 72.7% in 2009. Extending June 30, 2010, sunset date : The bill revives a similar statute that was added by SB 1346 (Kuehl) in 2002, extended by SB 369 (Simitian) in 2006, and sunset on June 30, 2010. Reviving this statute is important because recycled tires have a myriad of uses for public works projects. For example, tires can be used for road paving, street resurfacing, sidewalks, weed abatement, vibration-damping material in light-rail systems, overpass fill, levee slurry walls, retaining wall fill, roadway base fill, and bridge abutment fill. Use of AB 525 Page 3 recycled tires for public works projects can also lead to significant cost savings and added benefits. In particular for road paving, use of recycled tires can provide improvements of increased skid resistance, reduced road noise, and improved riding qualities. Under existing law, DRRR can award grants to public entities involved in activities and applications that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires. Without the bill, DRRR can use this authority to award grants to local government agencies for the funding of public works projects. The purpose of the bill is to specifically authorize the funding of public works projects and to ensure that there is at least a minimum level of funding. Architectural Paint : The provision establishing the Architectural Paint Account and Penalty Subaccount was included at the request of DRRR as a cleanup to AB 1343 (Huffman), Chapter 420, Statutes of 2010, Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0002686