Amended in Senate August 17, 2015

Amended in Senate July 15, 2015

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 amend Sections 48001 and 48004 of, to amend, repeal, and add Section 48000 of, and to add begin delete and repeal end delete Section 48000.1 begin delete of, end delete begin insert to, end insert the Public Resources Code, relating to solid waste, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1063, as amended, Williams. Solid waste: charges.

(1) 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. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and to be used by the department, upon appropriation, for specified purposes.

This bill would raise the fee imposed on an operator of a disposal facility begin delete from a maximum of $1.40 per ton end delete to begin delete $5 end delete begin insert $4 end insert per ton begin delete between end delete begin insert commencing end insert January 1, begin delete 2017, and January 1, 2022, inclusive, and to $3.50 per ton on and after January 1, 2022. end delete begin insert 2017. end insert The bill would require a minimum of begin delete $1 end delete begin insert $1.50 end insert per ton of the fee collected from each begin delete operator between January 1, 2017, and end delete begin insert operator, until end insert January 1, 2022, and would authorize some or all of the fee collected thereafter, to be allocated to activities that promote recycling and the highest and best use of materials, as specified.

begin delete

The

end delete

begin insert This end insert bill additionally would require the department, commencing January 1, 2019, to establish, as provided, and impose a charge on all solid waste generators to be collected by a city, county, or city and county and remitted to the state board, as specified. The bill begin delete would require that the moneys collected from each solid waste generator between January 1, 2019, and end delete begin insert would, until end insert January 1, 2022, begin delete be allocated by end delete begin insert authorize end insert the department to begin insert allocate a portion of the moneys collected to fund end insert activities that promote recycling and the highest and best use of materials, as specified. By adding to the duties of local governments, this bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(3) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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, 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 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 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.

(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).

(f) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 2.  

Section 48000 is added to the Public Resources Code,
to read:

48000.  

(a) (1) Each operator of a disposal facility shall
quarterly pay a fee that is based on the amount, by weight or
volumetric equivalent as determined by the department, of all solid
waste disposed at each disposal site. The fee shall be begin delete five dollars
($5.00) end delete begin insert four dollars ($4.00) end insert per ton.

(2) The fee imposed by this subdivision shall be remitted to the
state board.

(b) (1) Notwithstanding Section 48004, begin insert until January 1, 2022, end insert
no less than one dollar begin delete ($1.00) end delete begin insert and fifty cents ($1.50) end insert per ton
collected pursuant to subdivision (a) shall be allocated by the
department, upon appropriation by the Legislature, to fund
activities that promote recycling and the highest and best use of
materials through any of the following:

(A) Market incentive payments for recycling infrastructure and
activities.

(B) Grants to local governments to implement programs that
increase recycling and reduce disposal.

(C) Grants and loans to develop recycling infrastructure.

(2) When implementing paragraph (1), if the department
determines there are sufficient moneys collected pursuant to this
section, it shall prioritize the funding of market incentive payments.

begin delete

(c) This section shall become operative on January 1, 2017.

(d) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

end delete begin insert

(c) Notwithstanding Section 48004, on and after January 1,
2022, moneys collected pursuant to subdivision (a) may be
allocated by the department, upon appropriation by the Legislature,
to fund activities identified in subdivision (b).

end insert begin insert

(d) This section shall become operative on January 1, 2017.

end insert

begin delete

SEC. 3.  

Section 48000 is added to the Public Resources Code,
to read:

48000.  

(a) (1) Each operator of a disposal facility shall
quarterly pay a fee that is based on the amount, by weight or
volumetric equivalent as determined by the department, of all solid
waste disposed at each disposal site. The fee shall be three dollars
and fifty cents ($3.50) per ton.

(2) The fee imposed by this subdivision shall be remitted to the
state board.

(b) Notwithstanding Section 48004, moneys collected pursuant
to subdivision (a) may be allocated by the department, upon
appropriation by the Legislature, to fund activities that promote
recycling and the highest and best use of materials through any of
the following:

(1) Market incentive payments for recycling infrastructure and
activities.

(2) Grants to local governments to implement programs that
increase recycling and reduce disposal.

(3) Grants and loans to develop recycling infrastructure.

(c) This section shall become operative on January 1, 2022.

SEC. 4.  

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

48000.1.  

(a) (1) The department shall establish and impose a
quarterly charge on solid waste generators in an amount sufficient
to ensure fifteen million dollars ($15,000,000) per calendar year
is available to be used pursuant to subdivision (c).

(2) To the extent possible, the charge shall apply to all solid
waste generators, including residential entities, commercial entities,
public entities, and self-haulers.

(b) (1) The charge shall be collected by a city, county, or a city
and county or up to two designees per city or county or city and
county.

(2) The charge imposed by this section shall be remitted to the
state board.

(c) (1) Notwithstanding Section 48004, the moneys collected
pursuant to this section shall be allocated by the department, upon
appropriation by the Legislature, to fund activities that promote
recycling and the highest and best use of materials through any of
the following:

(A) Market incentive payments for recycling infrastructure and
activities.

(B) Grants to local governments to implement programs that
increase recycling and reduce disposal.

(C) Grants and loans to develop recycling infrastructure.

(2) When implementing paragraph (1), if the department
determines there are sufficient moneys collected pursuant to this
section, it shall prioritize the funding of market incentive payments.

(d) This section shall become operative on January 1, 2019.

(e) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

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

48000.1.  

(a) (1) The department shall establish and impose a
quarterly charge on solid waste generators as follows:

(A) Commencing January 1, begin delete 2022, end delete begin insert 2019, end insert and every three years
thereafter, the charge on solid waste generators shall be calculated
to collect moneys sufficient to recover the department’s costs begin delete to
implement this division end delete begin insert described in Section 48004 end insert that are not
covered by the moneys annually collected pursuant to Section
48000 during the prior three fiscal years.

(B) In determining the amount of moneys required to begin delete implement
this division, end delete begin insert recover the costs described in Section 48004, end insert the
department shall set the charge based on the moneys deposited in
the account for the begin delete 2018-19 end delete begin insert 2017- end insert begin insert 18 end insert fiscal year begin delete less the amount
set to fund activities pursuant to subdivision (b) of Section 48000 end delete
plus any additional or reduced collected moneys necessary to
implement any additional or reduced allocations and transfers
approved by the Legislature.

begin insert

(C) Until January 1, 2022, in addition to the amount determined
pursuant to subparagraph (A), the charge shall include an amount,
determined by the department, sufficient to ensure that not less
than fifteen million dollars ($15,000,000) for each calendar year
is collected for the purposes of subdivision (c).

end insert

(2) To the extent possible, the charge shall apply to all solid
waste generators, including residential entities, commercial entities,
public entities, and self-haulers.

(b) (1) The charge shall be collected by a city, county, or a city
and county or up to two designees per city or county or city and
county.

(2) The charge imposed by this section shall be remitted to the
state board.

begin delete

(c) This section shall become operative on January 1, 2022.

end delete begin insert

(c) (1)   Notwithstanding Section 48004, moneys collected
pursuant to subparagraph (C) of paragraph (1) of subdivision (a)
may be allocated by the department, upon appropriation by the
Legislature, to fund activities that promote recycling and the
highest and best use of materials through any of the following:

end insert begin insert

(A) Market incentive payments for recycling infrastructure and
activities.

end insert begin insert

(B) Grants to local governments to implement programs that
increase recycling and reduce disposal.

end insert begin insert

(C) Grants and loans to develop recycling infrastructure.

end insert begin insert

(2) When implementing paragraph (1), if the department
determines there are sufficient moneys collected pursuant to this
chapter, it shall prioritize the funding of market incentive payments.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

Section 48001 of the Public Resources Code is
amended to read:

48001.  

(a) The revenue from the fees paid pursuant to this
chapter shall be deposited, after payment of refunds and
administrative costs of collection, in the Integrated Waste
Management Account, which is hereby created in the fund.

(b) The department and the state board shall ensure all of the
fees for solid waste imposed pursuant to this chapter, including,
but not limited to, fees on solid waste that is exported for disposal,
are remitted to the state board in accordance with this article.

begin delete SEC. 7. end delete
begin insert SEC. 5. end insert   

Section 48004 of the Public Resources Code is
amended to read:

48004.  

(a) The money in the account shall be used by the
department, upon appropriation by the Legislature, for the
following purposes:

(1) The administration and implementation of this division by
the department, including a prudent reserve.

(2) The state water board’s and regional water boards’
administration and implementation of Division 7 (commencing
with Section 13000) of the Water Code at solid waste disposal
sites.

(b) It is the intent of the Legislature that an amount that is
sufficient to fund state water board and regional water board
regulatory activities for solid waste landfills be appropriated from
the account by the Legislature in the annual Budget Act. Those
persons who are required to pay the fee imposed pursuant to
Section 48000 shall not be required to pay the annual fee imposed
pursuant to subdivision (d) of Section 13260 of the Water Code
with regard to the same discharge if the requirements for the waiver
of that fee set forth in paragraph (3) of subdivision (d) of Section
13260 of the Water Code are met.

(c) Notwithstanding subdivisions (a) and (b), if the fee
established pursuant to Section 48000 does not generate revenues
sufficient to fund the programs specified in this section or if the
amount appropriated by the Legislature for these purposes is
reduced, those reductions shall be equally and proportionally
distributed between funding for the solid waste programs of the
state water board and the regional water boards and the department.

begin delete SEC. 8. end delete
begin insert SEC. 6. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

begin delete SEC. 9. end delete
begin insert SEC. 7. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

To ensure the Department of Resources Recycling and Recovery
has sufficient resources to efficiently and effectively regulate the
generation and disposal of solid waste for the protection of public
health and safety, it is necessary for this measure to take effect
immediately.