Amended in Senate June 24, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 23, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 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 addbegin insert and repealend insert Section 42872.1begin delete toend deletebegin insert ofend insert the Public Resources Code, relating to tire recycling, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

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

The California Tire Recycling Act 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 Department of Resources Recycling and Recovery, 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.begin insert Existing law requires the moneys in the fund, except as specified, to be appropriated to the department in the annual Budget Act in a manner consistent with the department’s 5-year plan.end insert

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.begin delete The bill, on January 1, 2014, and January 1 of each year thereafter, would require the Controller to transfer $10,000,000 from the moneys authorized to be expended for the tire recycling program to the department to award these grants, thereby making an appropriation. 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. 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 moneys appropriated.end delete

begin insert

The bill would require the department to award these grants in the amount of $2 for every 12 pounds of crumb rubber used in a public works or disability access project.

end insert
begin insert

The bill would, in addition to the expenditures authorized by existing law, annually appropriate $10,000,000, commencing with the 2014 calendar year, to the department from the fees deposited in the fund, to award those grants. The bill would repeal the act on January 1, 2020.

end insert

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 42872.1 is added to the Public Resources
2Code
, to read:

3

42872.1.  

(a) This section shall be known, and may be cited,
4as the Rubberized Asphalt Concrete Market Development Act.

5(b) In accordance with the tire recycling program authorized by
6Section 42872, the department shall award grants in the following
7manner:

8(1) To cities, counties, and other local governmental agencies
9for the funding of public works projects that utilize rubberized
10asphalt concrete.

11(2) To state and local governmental agencies, including regional
12park districts, for the funding of disability access projects at parks
P3    1and Class I bikeways as defined in subdivision (a) of Section 890.4,
2relative to projects that utilize rubberized asphalt concrete.

begin delete

3(c) On January 1, 2014, and January 1 of each year thereafter,
4the Controller shall transfer ten million dollars ($10,000,000) from
5the moneys authorized to be expended for the tire recycling
6program, as specified in Section 42889, to the department to award
7grants pursuant to subdivision (b), except as provided in
8subdivision (f).

9(d) A grant offered pursuant to subdivision (b) shall pay two
10dollars ($2) for every 12 pounds of crumb rubber used in a paving
11project by a state or local governmental agency or a regional park
12district.

13(e) If the requests for grants under the program established
14pursuant to subdivision (b) exceed the moneys appropriated
15pursuant to subdivision (c), the department shall select randomly
16from all eligible applicants.

17(f) (1) Notwithstanding subdivision (c), the Controller shall
18transfer only five million dollars ($5,000,000) from the moneys
19authorized to be expended for the tire recycling program, as
20specified in Section 42889, to the department to award grants
21pursuant to subdivision (b) for any year that the Department of
22Finance determines that the balance of the fund as of January 1
23equals ten million dollars ($10,000,000) or less.

24(2) Of the moneys transferred pursuant to paragraph (1), the
25 department shall disapprove applications for grants submitted
26pursuant to subdivision (b) if there are insufficient moneys in the
27fund.

end delete
begin insert

28(c) The department shall award the grants pursuant to
29subdivision (b) in the amount of two dollars ($2) for every 12
30pounds of crumb rubber used in a public works or disability access
31project by a state or local governmental agency, including a
32regional park district.

end insert
begin insert

33(d) In addition to the expenditures authorized pursuant to
34Section 42885.5, the sum of ten million dollars ($10,000,000) is
35hereby appropriated annually, commencing with the 2014 calendar
36year, to the department from the fees deposited in the California
37Tire Recycling Management Fund pursuant to Section 42885, to
38award rubberized asphalt concrete grants pursuant to this section.

end insert
begin insert

P4    1(e) This section shall remain in effect only until January 1, 2020,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2020, deletes or extends that date.

end insert


O

    96