Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1063

Introduced by Assembly Member Williams

February 26, 2015

An act to begin delete amend Section 48000 of end delete begin insert add Section 48000.1 to end insert the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1063, as amended, 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.

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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.

end delete begin insert

This bill would require, on or before July 1, 2016, the Department of Resources Recycling and Recovery, to hold a public hearing and workshop to develop a proposal for the Legislature regarding a new solid waste management fee which would provide the department with the revenue necessary to carry out certain actions. The bill would require the department, within 6 months of the public hearing and workshop, to propose a new solid waste management fee to the Legislature.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 48000.1 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 48000.1. end insert   

(a) On or before July 1, 2016, the department shall
hold a public hearing and workshop to develop a proposal for the
Legislature regarding a new solid waste management fee which
would provide the department with the revenue necessary to carry
out all of the following:

(1) Develop financial incentives to promote the recycling of
organic material through activities, including, but not limited to,
composting and anaerobic digestion.

(2) Provide resources to develop infrastructure and incentives
necessary to achieve the statewide policy goal pursuant to Section
41780.01.

(3) Provide a sustainable funding structure that ensures the
department’s ability to carry out its responsibilities under this
division.

(b) For the public hearing and workshop, the department shall
seek public input from interested groups, including, but not limited
to, representatives of the solid waste industry, local government,
disadvantaged communities, and environmental groups.

(c) Within six months of the public hearing and workshop held
pursuant to subdivision (a), the department shall propose a new
solid waste management fee to the Legislature pursuant to Section
9795 of the Government Code.

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begin delete

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 all solid waste disposed of at each disposal site.

(b) (1) The amount of the fee shall be established by the
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 ____ ($____)
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 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 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 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 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 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).

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