BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 525
                                                                  Page 1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 525 (Gordon)
          As Amended  September 2, 2011
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 31, 2011)  |SENATE: |22-12|(September 8,  |
          |           |     |                |        |     |2011)          |
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           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.  








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          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 








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          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 


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