BILL NUMBER: AB 1063	INTRODUCED
	BILL TEXT


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
 Department of Resources Recycling and Recovery 
 department  , of all solid waste disposed of at each
disposal site.
   (b) (1) The  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  amount of the fee shall be
established by the  Department of Resources Recycling and
Recovery   department for each fiscal year  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  one dollar and forty cents ($1.40)
  ____ ($____)  per ton.  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. 
   (2) On and after July 1, 2012, the amount of the fee established
by the  Department of Resources Recycling and Recovery
  department  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  Department of Resources Recycling and Recovery
  department  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  Department of Resources Recycling and Recovery
  department  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 
Department of Resources Recycling and Recovery  
department  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  Department of Resources Recycling and Recovery
  department  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).