California Legislature—2015–16 Regular Session

Assembly Bill No. 1063

Introduced by Assembly Member Williams

February 26, 2015

An act to amend Section 48000 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1063, as introduced, Williams. Solid waste: disposal facility: fees.

Existing law requires the operator of a disposal facility to pay to the State Board of Equalization a fee based on the amount of all solid waste disposed of at each disposal site. The act requires the Department of Resources Recycling and Recovery to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton.

This bill would change the fee maximum to an unspecified amount per ton and would require that any amount over $1.40 per ton be used to cover the reasonable regulatory costs incurred by the department incident to the performance of various regulatory actions. The bill would also make various nonsubstantive changes.

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 48000 of the Public Resources Code is
amended to read:

48000.  

(a) Each operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization, which is based on the
amount, by weight or volumetric equivalent, as determined by the
begin delete Department of Resources Recycling and Recovery end delete begin insert department end insert , of
all solid waste disposed of at each disposal site.

(b) (1) The begin delete fee for solid waste disposed of shall be one dollar
and thirty-four cents ($1.34) per ton. Commencing with the
1995-96 fiscal year, the end delete amount of the fee shall be established by
the begin delete Department of Resources Recycling and Recovery end delete begin insert department
for each fiscal year end insert at an amount that is sufficient to generate
revenues equivalent to the approved budget for that fiscal year,
including a prudent reserve, but shall not exceed begin delete one dollar and
forty cents ($1.40) end delete begin insert ____ ($____) end insert per ton. begin insert Any amount over one
dollar and forty cents ($1.40) per ton shall be used to cover the
reasonable regulatory costs incurred by the department incident
to the performance of audits, inspections, or administrative
enforcement and adjudication related to the regulation of solid
waste handling and disposal. end insert

(2) On and after July 1, 2012, the amount of the fee established
by the begin delete Department of Resources Recycling and Recovery end delete
begin insert department end insert pursuant to paragraph (1) shall be increased by twelve
cents ($0.12) per ton for each operator of a solid waste landfill
whose owner has notified the department that it elects to participate
in the State Solid Waste Postclosure and Corrective Action Trust
Fund pursuant to Article 2.1 (commencing with Section 48010).

(c) The begin delete Department of Resources Recycling and Recovery end delete
begin insert department end insert shall notify the state board on the first day of the period
in which the rate shall take effect of any rate change adopted
pursuant to paragraphs (1) and (2) of subdivision (b).

(d) The begin delete Department of Resources Recycling and Recovery end delete
begin insert department end insert and the state board shall ensure that all of the fees for
solid waste imposed pursuant to this section that are collected at
a transfer station are paid to the state board in accordance with this
article.

(e) (1) The fee imposed by paragraph (2) of subdivision (b)
shall not be operative on or after July 1, 2012, unless the
begin delete Department of Resources Recycling and Recovery end delete begin insert department end insert
receives, on or before January 1, 2012, letters of participation in
the State Solid Waste Postclosure and Corrective Action Trust
Fund from landfill owners representing at least 50 percent of the
total volume of waste disposed of in 2010.

(2) The begin delete Department of Resources Recycling and Recovery end delete
begin insert department end insert shall notify the state board, on or before February 29,
2012, if the fee imposed by paragraph (2) of subdivision (b) shall
become operative pursuant to paragraph (1).