Amended in Assembly May 24, 2013

Amended in Assembly April 23, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 513

Introduced by Assembly Member Frazier

(Principal coauthors: Assembly Members Chesbro and Gordon)

(Coauthors: Assembly Members Ammiano, Garcia, Skinner, and Stone)

February 20, 2013

An act to add Section 42872.1 to the Public Resources Code, relating to tire recycling begin insert , and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 513, as amended, Frazier. Tire recycling program: rubberized asphalt.

The California Tire Recycling Act begin delete (act) end delete requires a person who purchases a new tire to pay a California tire fee, for deposit in the California Tire Recycling Management Fund, for expenditure by the begin delete department end delete begin insert Department of Resources Recycling and Recovery end insert , upon appropriation by the Legislature, to pay the costs of operating the tire recycling program. The act provides that the tire recycling program may include the awarding of grants, loans, subsidies, and rebates and the payment of incentives for various purposes related to reducing landfill disposal of used whole tires and tire recycling.

This bill would establish the Rubberized Asphalt Concrete Market Development Act and would require the department, in accordance with the tire recycling program, to award grants for certain public agency projects that utilize rubberized asphalt concrete. The bill begin insert , on January 1, 2014, and January 1 of each year thereafter, end insert would begin delete require the department to annually expend end delete begin insert require the Controller to transfer end insert $10,000,000 from the moneys authorized to be expended for the tire recycling begin delete program, upon appropriation by the Legislature, end delete begin insert program to the department end insert to award these grants begin insert , end insert begin insert thereby making an appropriation end insert . begin insert The bill, however, would require the Controller to transfer only $5,000,000 from the moneys authorized to be expended for the tire recycling program to the department to award these grants for any year that the Department of Finance determines that the balance of the fund equals $10,000,000 or less. end insert The bill would require the grants to pay $2 for every 12 pounds of crumb rubber used in a paving project by a public agency. The bill would specify selection procedures if the grant requests exceed the begin delete money allocated end delete begin insert moneys appropriated end insert .

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 42872.1 is added to the Public Resources
Code, to read:

42872.1.  

(a) This section shall be known, and may be cited,
as the Rubberized Asphalt Concrete Market Development Act.

(b) In accordance with the tire recycling program authorized by
Section 42872, the department shall award grants in the following
manner:

(1) To cities, counties, and other local governmental agencies
for the funding of public works projects that utilize rubberized
asphalt concrete.

(2) To state and local governmental agencies, including regional
park districts, for the funding of disability access projects at begin delete parks, end delete
begin insert parks end insert and Class I bikeways as defined in subdivision (a) of Section
890.4, relative to projects that utilize rubberized asphalt concrete.

(c)  begin delete The department shall annually expend end delete begin insert On January 1, 2014,
and January 1 of each year thereafter, the Controller shall transfer end insert
ten million dollars ($10,000,000) from the moneys authorized to
be expended for the tire recycling program, as specified in Section
42889, begin delete upon appropriation by the Legislature, end delete begin insert to the department end insert
to award grants pursuant to subdivision (b) begin insert , except as provided in
subdivision (f) end insert .

(d) A grant offered pursuant to subdivision (b) shall pay two
dollars ($2) for every 12 pounds of crumb rubber used in a paving
project by a state or local governmental begin delete agency, end delete begin insert agency end insert or a
regional park district.

(e) If the requests for grants under the program established
pursuant to subdivision (b) exceed the begin delete money allocated end delete begin insert moneys
appropriated end insert pursuant to subdivision (c), the department shall
select randomly from all eligible applicants.

begin insert

(f) (1) Notwithstanding subdivision (c), the Controller shall
transfer only five million dollars ($5,000,000) from the moneys
authorized to be expended for the tire recycling program, as
specified in Section 42889, to the department to award grants
pursuant to subdivision (b) for any year that the Department of
Finance determines that the balance of the fund as of January 1
equals ten million dollars ($10,000,000) or less.

end insert begin insert

(2) Of the moneys transferred pursuant to paragraph (1), the
department shall disapprove applications for grants submitted
pursuant to subdivision (b) if there are insufficient moneys in the
fund.

end insert