BILL NUMBER: AB 1239 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2016
AMENDED IN SENATE JUNE 15, 2016
AMENDED IN SENATE JUNE 2, 2016
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Assembly Members Gordon and Atkins
FEBRUARY 27, 2015
An act to amend Sections 42885, 42889, and 42961.5 of, to add
Section 42872.2 to, and to repeal and add Section 42872.1 of, the
Public Resources Code, relating to tire recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 1239, as amended, Gordon. Tire recycling: California tire
regulatory fee and waste tire program.
(1) The California Tire Recycling Act requires, until January 1,
2024, a person who purchases a new tire to pay a California tire fee
of $1.75 per tire, 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 fund
the waste tire program and for other purposes, including to pay for
the costs associated with a waste tire and used tire hauler program
and manifest system, as provided. After January 1, 2024, existing law
reduces the tire fee to $0.75 per tire.
Existing law requires any person generating waste tires or used
tires that are transported or submitted for transportation, for
offsite handling, altering, storage, disposal, or for any combination
thereof, to complete a California Uniform Waste and Used Tire
Manifest, as required by the department. Existing law requires a
generator to provide the manifest to the waste and used tire hauler
at the time of transfer of the tires, and to submit to the
department, on a quarterly schedule, a legible copy of each manifest.
This bill would require require, until
January 1, 2024, a waste tire generator that is a retail seller
of new tires to end user purchasers to pay a California tire
regulatory fee and to remit that fee to the state on a quarterly
schedule for deposit in the California Tire Recycling Management
Fund. The bill would authorize a retail seller to retain
1 1/2 % of the California tire regulatory
fee as reimbursement for any costs associated with the administration
and remittance of the fee. The bill would require the
department to track revenue from the California tire regulatory fee
separately and would prohibit those funds from being used for
activities other than those specified. The bill would require
the department to identify the specific programs that the California
tire regulatory fee would fund. The bill would authorize the
department to establish the California tire regulatory fee in an
amount that is sufficient to generate revenues equivalent to the
reasonable regulatory costs incurred by the department incident to
audits, inspections, administrative activities, adjudications,
manifesting, registration, and other regulatory activities regarding
waste tires, but that does not exceed $1 per new tire sold, as
provided. The bill would authorize the department to differentiate in
setting the fees between the waste tire generators who are retail
sellers depending upon the nature of the activity generating waste
tires, the number of waste tires generated, and other appropriate
bases.
The bill would require the department, prior to establishing the
California tire regulatory fee or making any adjustment to the fee,
to review at a public hearing the California tire regulatory fee and
adjust the fee to an amount that does not exceed $1 per new tire
sold, based on certain factors, as specified. The bill would provide
that these adjustments become effective on January 1 of the following
year. The bill would require the department to adopt regulations to
implement the initial California tire regulatory fee, and would
authorize the department to adopt regulations to adjust the
California tire regulatory fee, as specified.
(2) Existing law prohibits the California tire fee from being
imposed on a tire sold with, or sold separately for use on, a
self-propelled wheelchair, a motorized tricycle or motorized
quadricycle, or a vehicle that is similar to a motorized tricycle or
motorized quadricycle, as specified.
This bill would prohibit the California tire regulatory fee from
being imposed on those same vehicles.
(3) Existing law establishes, as a part of the waste tire program,
the tire recycling program, which promotes and develops alternatives
to the landfill disposal of used whole tires. The program provides
for grants to certain entities involved in activities that result in
reduced landfill disposal of whole used tires, and development and
implementation of a waste tire incentive payment program to promote
increased demand for waste tires recycled in this state. Under the
act, until June 30, 2019, the Rubberized Pavement Market Development
Act provides for the award of grants to certain public agency
projects that use rubberized asphalt concrete.
This bill would repeal the Rubberized Pavement Market Development
Act and instead enact the Tire Recycling Incentive Program Act. The
bill would require the department, in accordance with specified law,
to establish this incentive program to make payments to entities that
purchase waste tires tire material for
incorporation in a product for sale to end users, as specified. The
bill would require the department, on or before July 1, 2018, to hold
a public workshop to develop a plan for the tire recycling incentive
payment program, as specified, and would require the department to
evaluate the program in a public forum and propose changes
accordingly. The bill would make an entity eligible to receive an
incentive payment upon demonstrating to the department that the
entity purchased California generated
California-generated waste tires tire
material processed in California and sold a waste
an incentive-eligible tire product incorporating
those waste tires that material to an
end user. The bill, commencing July 1, 2018, and until January 1,
2024, would require the department to annually allocate, of the
amount appropriated to the department from California tire fee
revenues for purposes of the waste tire program, no less than
$20,000,000 for the tire recycling incentive program and, commencing
January 1, 2024, would authorize the department to continue to
allocate funding for the tire recycling incentive program based on
available funding.
(4) Existing law declares the intent of the Legislature to reduce
the landfill disposal and stockpiling of used whole tires by
25 percent 25% within four years of full
implementation of a statewide tire recycling program and to recycle
and reclaim used tires and used tire components to the greatest
extent possible in order to recover valuable natural resources.
This bill would declare that it is the policy goal of the state
that not less than 75 percent 75% of
solid waste tires generated be source reduced or recycled in the
state by the year 2020. The bill would require the department,
if that policy goal is met for 3 consecutive years, to review
existing tire recycling programs and make recommendations, as
specified.
(5) Existing law requires a person generating waste or used tires
that are transported or submitted for transportation to submit a
California Uniform Waste and Used Tire Manifest, as defined, to the
waste and used tire hauler and to submit copies of the manifest to
the department. A waste and used tire hauler is required to possess
that manifest while transporting waste or used tires, and the
operator of a waste or used tire facility is required to submit a
copy of the manifest to the department and the generator. Existing
law requires the department to develop and implement a system for
auditing manifests, including continuously conducting random sampling
and matching of manifests.
This bill would revise those provisions to, among other things,
require a waste and used tire hauler, on and after January 1, 2018,
to submit an electronic manifest, instead of a paper manifest, to the
department within 7 days of the date of the pickup or delivery for
each load of waste or used tires transported.
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 42872.1 of the Public Resources Code is
repealed.
SEC. 2. Section 42872.1 is added to the Public Resources Code, to
read:
42872.1. (a) This section shall be known, and may be cited, as
the Tire Recycling Incentive Program Act.
(b) In accordance with Section 42872, the department shall
establish a tire recycling incentive program that makes payments to
eligible entities.
(c) Incentive payments shall be made to eligible entities for
waste incentive-eligible tire products
manufactured from California generated
California-generated waste tires tire
material that promote promotes the
recycling of, the reduction of the disposal of, the
recycling of, or the prevention of illegal dumping of,
California generated California-generated
waste tires. tire material.
(d) An eligible entity is eligible to receive an incentive payment
only upon demonstrating to the department that the entity purchased
California generated California-generated
waste tires tire material that was
processed in California and sold a waste
an incentive-eligible tire product incorporating
those waste tires that material to an end user.
(e) For purposes of this section, "eligible entity" includes, but
is not limited to, a manufacturer that produces a product
using California generated incorporating
California-generated waste tires tire
material for purchase by an end user.
(f) For purposes of this section, "end user" includes, but is not
limited to, the following:
(1) Cities, counties, and other local governmental agencies,
including school districts.
(2) State and local governmental agencies, including regional park
districts.
(3) Private companies and persons.
(g) (1) For purposes of this section, "waste
"incentive-eligible tire product" may include, but is not
limited to, the following:
(A) Pavement-related products, such as rubberized asphalt, asphalt
rubber, modified binders, and chip seals.
(B) Rubberized asphalt base stock to be used in applications other
than pavement.
(C) Products used in disability access projects at parks and Class
I bikeways, as defined in subdivision (a) of Section 890.4 of the
Streets and Highways Code, relative to projects that use recycled
tires.
(D) Poured in place and tile playground mats.
(E) Landscape nuggets and mulch.
(F) Walkways and pathways.
(G) Running tracks.
(H) Tire-derived aggregate applications, including lightweight
fill and vibration mitigation.
(I) Molded, extruded, injected, and calendered products.
(J) Products that use recycled rubber or
as a substitute for other materials, such as plastic.
(K) Paint and coatings.
(L) Other products, environmentally safe applications, or
treatments determined to be appropriate by the department.
(2) "Waste "Incentive-eligible
tire product" does not include any of the following:
(A) Tire-derived fuel.
(B) Alternative daily cover, intermediate cover, erosion, or other
landfill uses, except tire-derived aggregates used in landfill
engineered projects for landfill gas and leachate control systems and
other engineering project designated by the department.
(C) Exports.
(D) Synthetic turf infill.
(E) Loose rubber nugget or mulch playgrounds.
(F) Purchases made to meet procurement requirements established
pursuant to Section 42703.
(h) (1) On or before July 1, 2018, the department shall hold a
public workshop to develop a plan for the tire recycling incentive
payment program established pursuant to subdivision (b). The plan
shall be included in the next revision of the five-year plan required
pursuant to Section 42885.5.
(2) (A) In the public workshop required pursuant to paragraph (1),
the department shall develop a tiered incentive payment structure.
The tiers shall be designed to ensure the maximum amount of
California generated California-generated waste
tires is recycled.
(B) The department shall include no more than three tiers in the
incentive payment structure.
(C) In developing the tiers, the department shall consider
factors, including, but not limited to, the following:
(i) The quantity of waste tires that will be diverted from
landfills.
(ii) The incentive amount necessary for waste
incentive-eligible tire products of recipients
to effectively compete with nonrecycled alternatives.
(iii) The existing and potential markets for the applicable
waste incentive-eligible tire product.
(iv) The policy goal established pursuant to Section 42872.2.
(v) The market segments for waste tires.
(vi) The pricing structures necessary to increase the use of
incentive-eligible tire products by market segment, including pricing
structures necessary to achieve the goal established pursuant to
42872.2.
(D) The department shall conduct a waste tire market evaluation to
inform the development of the tiers and shall discuss the findings
at the public workshop required pursuant to paragraph (1).
(3) The department shall reduce current waste tire market
development grants, in light of expenditures of funds appropriated in
paragraph (1) of subdivision (k), in the next revision of the
five-year plan. plan following the operative
date of this paragraph. Existing nongrant market development
activities shall continue for activities described in the five-year
plan.
(i) The As part of the biennial update of
the five-year plan required pursuant to Section 42885.5, the
department shall evaluate the tire recycling incentive program
established pursuant to subdivision (b) in a public forum and propose
changes accordingly. The evaluation shall include, but is not
limited to, the following elements:
(1) The recycling rate of California-generated waste tire
material, including waste tire material recycled through funding
pursuant to the Tire Recycling Incentive Program, and, to the extent
the information is available, an estimate of the recycling rate of
waste tire material recycled by other state and local agencies and
the private sector.
(2) The amount of California-generated waste tire material
entering each market segment.
(3) The amount of waste tire material recycled through
expenditures authorized by this chapter.
(j) For purposes of this section, recipients of incentive payments
shall meet specified criteria, as established by the department,
that are consistent with the provisions of this article.
(k) (1) Commencing July 1, 2018, and until January 1, 2024, of the
amount appropriated to the department in the annual Budget Act
pursuant to subdivision (b) of Section 42889, the department shall
annually allocate no less than twenty million dollars ($20,000,000)
for the tire recycling incentive program established pursuant to
subdivision (b).
(2) Commencing January 1, 2024, the department may continue to
allocate funding for the tire recycling incentive program established
pursuant to subdivision (b) based on available funding.
(l) Nothing in this section is intended to limit the use of waste
tire products that are not incentive-eligible tire products.
SEC. 3. Section 42872.2 is added to the Public Resources Code, to
read:
42872.2. (a) The Legislature hereby
declares that it is the policy goal of the state that not less than
75 percent of solid waste tires generated be source reduced, or
recycled in the state, by the year 2020.
(b) If the state meets the policy goal in subdivision (a) for
three consecutive years, the department shall, as part of the
five-year plan required pursuant to Section 42885.5, review existing
tire recycling programs and make recommendations as to which policies
are necessary to maintain and increase the level of waste tire
recycling.
SEC. 4. Section 42885 of the Public Resources Code, as amended by
Section 31 of Chapter 401 of the Statutes of 2013, is amended to
read:
42885. (a) (1) For purposes of this section, "California tire fee"
means the fee imposed pursuant to subdivision (b) of this section.
(2) For purposes of this section, a "California tire regulatory
fee" means a fee imposed pursuant to subdivision (c) of this section.
(b) (1) A person who purchases a new tire, as defined in
subdivision (h), shall pay a California tire fee of one dollar and
seventy-five cents ($1.75) per tire.
(2) The retail seller shall charge the retail purchaser the amount
of the California tire fee as a charge that is separate from, and
not included in, any other fee, charge, or other amount paid by the
retail purchaser.
(3) The retail seller shall collect the California tire fee from
the retail purchaser at the time of sale and may retain 11/2 percent
of the fee as reimbursement for any costs associated with the
collection of the fee. The retail seller shall remit the remainder to
the state on a quarterly schedule for deposit in the California Tire
Recycling Management Fund, which is hereby created in the State
Treasury.
(c) (1) A waste tire generator that is a retail seller of new
tires to end user purchasers shall pay a California tire regulatory
fee. The amount of the California tire regulatory fee shall be
established by the department in an amount that is sufficient to
generate revenues equivalent to the reasonable regulatory costs
incurred by the department incident to audits, inspections,
administrative activities, adjudications, manifesting, registration,
and other regulatory activities regarding waste tires, but that
amount shall not exceed one dollar ($1) per new tire sold. The
department may differentiate in setting fees between waste tire
generators who are retail sellers of new tires depending upon the
nature of the retail seller's activity generating waste tires, the
number of waste tires generated, and other appropriate bases.
(2) A waste tire generator that is a retail seller of new tires
shall remit the fee assessed pursuant to this subdivision to the
state on a quarterly schedule for deposit in the California Tire
Recycling Management Fund. The revenue from the California tire
regulatory fee shall be tracked separately by the department and
shall not be used for activities other than those described in
paragraph (1).
(3) Prior to establishing the California tire regulatory fee or
making any adjustment to the fee, the department shall review at a
public hearing the California tire regulatory fee and shall make any
adjustments to the fee to ensure that there are sufficient revenues
in the California Tire Recycling Management Fund to fund the
reasonable regulatory costs incurred by the department incident to
audits, inspections, administrative activities, adjudications,
manifesting, registration, and other regulatory activities associated
with waste tires pursuant to this chapter, Chapter 16 (commencing
with Section 42800), and Chapter 19 (commencing with Section 42950),
provided that the fee shall not exceed one dollar ($1) per new tire
sold. These adjustments shall become effective on January 1 of the
following year. The department shall base an adjustment of the
California tire regulatory fee on the following factors:
(A) The sufficiency of revenues in the account
California Tire Recycling Management Fund for the
department to administer, enforce, and promote the regulatory aspects
of the program established pursuant to these chapters, plus a
prudent reserve.
(B) Whether additional revenue is necessary to preserve the
department's ability to conduct regulatory activities in the
following fiscal year.
(B)
(C) If, at the end of a fiscal year, after making
payments pursuant to Sections 42872.1 and 42889, sufficient surplus
remains in the California Tire Recycling Management Fund, the
department shall use these surplus funds to reduce the California
tire regulatory fee.
(4) (A) The department shall adopt regulations to establish the
California tire regulatory fee.
(B) The department may adopt regulations to adjust the California
tire regulatory fee. These regulations shall be deemed to meet the
description in subdivision (g) of Section 11340.9 of the Government
Code and may be filed by the department pursuant to Section 11343.8
of the Government Code.
(C) The retail seller may retain 11/2 percent of the California
tire regulatory fee as reimbursement for any costs associated with
the administration and remittance of the fee.
(5) The department shall identify the specific programs to be
funded by the California tire regulatory fee.
(d) The department, or its agent authorized pursuant to Section
42882, shall be reimbursed for its costs of collection, auditing, and
making refunds associated with the California Tire Recycling
Management Fund, but not to the amount of
that reimbursement shall not exceed 3 percent of the total
annual revenue deposited in the fund.
(e) The California tire fee imposed pursuant to subdivision (b)
shall be separately stated by the retail seller on the invoice given
to the customer at the time of sale. Any other disposal or
transaction fee charged by the retail seller related to the tire
purchase shall be identified separately from the California tire fee.
(f) A person or business who knowingly, or with reckless
disregard, makes a false statement or representation in a document
used to comply with this section is liable for a civil penalty for
each violation or, for continuing violations, for each day that the
violation continues. Liability under this section may be imposed in a
civil action and shall not exceed twenty-five thousand dollars
($25,000) for each violation.
(g) In addition to the civil penalty that may be imposed pursuant
to subdivision (f), the department may impose an administrative
penalty in an amount not to exceed five thousand dollars ($5,000) for
each violation of a separate provision or, for continuing
violations, for each day that the violation continues, on a person
who intentionally or negligently violates a permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this chapter.
The department shall adopt regulations that specify the amount of
the administrative penalty and the procedure for imposing an
administrative penalty pursuant to this subdivision.
(h) For purposes of this section, "new tire" means a pneumatic or
solid tire intended for use with onroad or off-road motor vehicles,
motorized equipment, construction equipment, or farm equipment that
is sold separately from the motorized equipment, or a new tire sold
with a new or used motor vehicle, as defined in Section 42803.5,
including the spare tire, construction equipment, or farm equipment.
"New tire" does not include retreaded, reused, or recycled tires.
(i) The California tire fee and the California tire regulatory fee
shall not be imposed on a tire sold with, or sold separately for use
on, any of the following:
(1) A self-propelled wheelchair.
(2) A motorized tricycle or motorized quadricycle, as defined in
Section 407 of the Vehicle Code.
(3) A vehicle that is similar to a motorized tricycle or motorized
quadricycle and is designed to be operated by a person who, by
reason of the person's physical disability, is otherwise unable to
move about as a pedestrian.
(j) This section shall remain in effect only until January 1,
2024, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2024, deletes or extends
that date.
SEC. 5. Section 42885 of the Public Resources
Code, as amended by Section 32 of Chapter 401 of the Statutes of
2013, is amended to read:
42885. (a) (1) For purposes of this section, "California tire fee"
means the fee imposed pursuant to subdivision (b) of this section.
(2) For purposes of this section, a "California tire regulatory
fee" means a fee imposed pursuant to subdivision (c) of this section.
(b) (1) A person who purchases a new tire, as defined in
subdivision (h), shall pay a California tire fee of seventy-five
cents ($0.75) per tire.
(2) The retail seller shall charge the retail purchaser the amount
of the California tire fee as a charge that is separate from, and
not included in, any other fee, charge, or other amount paid by the
retail purchaser.
(3) The retail seller shall collect the California tire fee from
the retail purchaser at the time of sale and may retain 3 percent of
the fee as reimbursement for any costs associated with the collection
of the fee. The retail seller shall remit the remainder to the state
on a quarterly schedule for deposit in the California Tire Recycling
Management Fund, which is hereby created in the State Treasury.
(c) (1) A waste tire generator, as defined by Section 18450 of
Title 14 of the California Code of Regulations, that is a retail
seller of new tires to end user purchasers shall pay a California
tire regulatory fee. The amount of the California tire regulatory fee
shall be established by the department in an amount that is
sufficient to generate revenues equivalent to the reasonable
regulatory costs incurred by the department incident to audits,
inspections, administrative activities, adjudications, manifesting,
registration, and other regulatory activities regarding waste tires,
but that amount shall not exceed one dollar ($1) per new tire sold.
The department may differentiate in setting fees between waste tire
generators who are retail sellers of new tires depending upon the
nature of the retail seller's activity generating waste tires, the
number of waste tires generated, and other appropriate bases.
(2) A waste tire generator that is a retail seller of new tires
shall remit the fee assessed pursuant to this subdivision to the
state on a quarterly schedule for deposit in the California Tire
Recycling Management Fund. The revenue from the California tire
regulatory fee shall be tracked separately by the department and
shall not be used for activities other than those described in
paragraph (1).
(3) Prior to establishing the California tire regulatory fee or
making any adjustment to the fee, the department shall review at a
public hearing the California tire regulatory fee and shall make any
adjustments to the fee to ensure that there are sufficient revenues
in the California Tire Recycling Management Fund to fund the
reasonable regulatory costs incurred by the department incident to
audits, inspections, administrative activities, adjudications,
manifesting, registration, and other regulatory activities associated
with waste tires pursuant to this chapter, Chapter 16 (commencing
with Section 42800), and Chapter 19 (commencing with Section 42950),
provided that the fee shall not exceed one dollar ($1) per new tire
sold. These adjustments shall become effective on January 1 of the
following year. The department shall base an adjustment of the
California tire regulatory fee on the following factors:
(A) The sufficiency of revenues in the account for the department
to administer, enforce, and promote the regulatory aspects of the
program established pursuant to these chapters, plus a prudent
reserve.
(B) If, at the end of a fiscal year, after making payments
pursuant to Sections 42872.1 and 42889, sufficient surplus remains in
the California Tire Recycling Management Fund, the department shall
use these surplus funds to reduce the California tire regulatory fee.
(4) (A) The department shall adopt regulations to establish the
California tire regulatory fee.
(B) The department may adopt regulations to adjust the California
tire regulatory fee. These regulations shall be deemed to meet the
description in subdivision (g) of Section 11340.9 of the Government
Code and may be filed by the department pursuant to Section 11343.8
of the Government Code.
(d)
The department, or its agent authorized pursuant to Section
42882, shall be reimbursed for its costs of collection, auditing, and
making refunds associated with the California Tire Recycling
Management Fund, but not to exceed 3 percent of the total annual
revenue deposited in the fund.
(e)
The California tire fee imposed pursuant to subdivision (b) shall
be separately stated by the retail seller on the invoice given to
the customer at the time of sale. Any other disposal or transaction
fee charged by the retail seller related to the tire purchase shall
be identified separately from the California tire fee.
(f)
A person or business who knowingly, or with reckless disregard,
makes a false statement or representation in a document used to
comply with this section is liable for a civil penalty for each
violation or, for continuing violations, for each day that the
violation continues. Liability under this section may be imposed in a
civil action and shall not exceed twenty-five thousand dollars
($25,000) for each violation.
(g)
In addition to the civil penalty that may be imposed pursuant to
subdivision (f), the department may impose an administrative penalty
in an amount not to exceed five thousand dollars ($5,000) for each
violation of a separate provision or, for continuing violations, for
each day that the violation continues, on a person who intentionally
or negligently violates a permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter. The
department shall adopt regulations that specify the amount of the
administrative penalty and the procedure for imposing an
administrative penalty pursuant to this subdivision.
(h)
For purposes of this section, "new tire" means a pneumatic or
solid tire intended for use with onroad or off-road motor vehicles,
motorized equipment, construction equipment, or farm equipment that
is sold separately from the motorized equipment, or a new tire sold
with a new or used motor vehicle, as defined in Section 42803.5,
including the spare tire, construction equipment, or farm equipment.
"New tire" does not include retreaded, reused, or recycled tires.
(i)
The California tire fee and the California tire regulatory fee
shall not be imposed on a tire sold with, or sold separately for use
on, any of the following:
(1) A self-propelled wheelchair.
(2) A motorized tricycle or motorized quadricycle, as defined in
Section 407 of the Vehicle Code.
(3) A vehicle that is similar to a motorized tricycle or motorized
quadricycle and is designed to be operated by a person who, by
reason of the person's physical disability, is otherwise unable to
move about as a pedestrian.
(j)
This section shall become operative on January 1, 2024.
SEC. 6. SEC. 5. Section 42889 of the
Public Resources Code, as amended by Section 152 of Chapter 35 of
the Statutes of 2014, is amended to read:
42889. (a) Of the moneys collected pursuant to subdivision (b) of
Section 42885, an amount equal to seventy-five cents ($0.75) per
tire on which the fee is imposed shall be transferred by the State
Board of Equalization to the Air Pollution Control Fund. The state
board shall expend those moneys, or allocate those moneys to the
districts for expenditure, to fund programs and projects that
mitigate or remediate air pollution caused by tires in the state, to
the extent that the state board or the applicable district determines
that the program or project remediates air pollution harms created
by tires upon which the fee described in subdivision (b) of Section
42885 is imposed.
(b) The remaining moneys collected pursuant to subdivision (b) of
Section 42885 shall be used to fund the waste tire program and the
Tire Recycling Incentive Program, pursuant to Section 42872.1, and
shall be appropriated to the department in the annual Budget Act in a
manner consistent with the five-year plan adopted and updated by the
department. These moneys shall be expended for the payment of
refunds under this chapter and for the following purposes, to the
extent they are not lawfully payable from funds allocated pursuant to
subdivision (c) of Section 42885:
(1) To pay the administrative overhead cost of this chapter, not
to exceed 6 percent of the total revenue deposited in the fund
annually, or an amount otherwise specified in the annual Budget Act.
(2) To pay the costs of administration associated with collection,
making refunds, and auditing revenues in the fund, not to exceed 3
percent of the total revenue deposited in the fund, as provided in
subdivision (c) (d) of Section 42885.
(3) To pay the costs associated with operating the tire recycling
program specified in Article 3 (commencing with Section 42870).
(4) To pay the costs associated with the development and
enforcement of regulations relating to the storage of waste tires and
used tires. The department shall consider designating a city,
county, or city and county as the enforcement authority of
regulations relating to the storage of waste tires and used tires, as
provided in subdivision (c) of Section 42850, and regulations
relating to the hauling of waste and used tires, as provided in
subdivision (b) of Section 42963. If the department designates a
local entity for that purpose, the department shall provide
sufficient, stable, and noncompetitive funding to that entity for
that purpose, based on available resources, as provided in the
five-year plan adopted and updated
as provided in subdivision (a) of Section 42885.5. The
department may consider and create, as appropriate, financial
incentives for citizens who report the illegal hauling or disposal of
waste tires as a means of enhancing local and statewide waste tire
and used tire enforcement programs.
(5) To pay the costs of cleanup, abatement, removal, or other
remedial action related to waste tire stockpiles throughout the
state, including all approved costs incurred by other public agencies
involved in these activities by contract with the department. Not
less than six million five hundred thousand dollars ($6,500,000)
shall be expended by the department during each of the following
fiscal years for this purpose: 2001-02 to 2006-07, inclusive.
(6) To make studies and conduct research directed at promoting and
developing alternatives to the landfill disposal of waste tires.
(7) To assist in developing markets and new technologies for used
tires and waste tires. The department's expenditure of funds for
purposes of this subdivision shall reflect the priorities for waste
management practices specified in subdivision (a) of Section 40051.
(8) To pay the costs associated with implementing and operating a
waste tire and used tire hauler program and manifest system pursuant
to Chapter 19 (commencing with Section 42950).
(9) To pay the costs to create and maintain an emergency reserve,
which shall not exceed one million dollars ($1,000,000).
(10) To pay the costs of cleanup, abatement, or other remedial
action related to the disposal of waste tires in implementing and
operating the Farm and Ranch Solid Waste Cleanup and Abatement Grant
Program established pursuant to Chapter 2.5 (commencing with Section
48100) of Part 7.
(11) To fund border region activities specified in paragraph (8)
of subdivision (b) of Section 42885.5.
(12) For expenditure pursuant to paragraph (3) of subdivision (a)
of, and paragraph (3) of subdivision (b) of, Section 17001.
(c) This section shall remain in effect only until January 1,
2024, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2024, deletes or extends that
date.
SEC. 7. Section 42889 of the Public Resources
Code, as amended by Section 153 of Chapter 35 of the Statutes of
2014, is amended to read:
42889. Funding for the waste tire program shall be appropriated
to the department in the annual Budget Act. The moneys in the fund
shall be expended for the payment of refunds under this chapter and
for the following purposes, but only those funds deposited pursuant
to paragraph (2) of subdivision (c) of Section 42885 shall be
expended for purposes for which those funds may be lawfully expended
until those funds are exhausted:
(a) To pay the administrative overhead cost of this chapter, not
to exceed 5 percent of the total revenue deposited in the fund
annually, or an amount otherwise specified in the annual Budget Act.
(b) To pay the costs of administration associated with collection,
making refunds, and auditing revenues in the fund, not to exceed 3
percent of the total revenue deposited in the fund, as provided in
subdivision (b) of Section 42885.
(c) To pay the costs associated with operating the tire recycling
program specified in Article 3 (commencing with Section 42870).
(d) To pay the costs associated with the development and
enforcement of regulations relating to the storage of waste tires and
used tires. The department shall consider designating a city,
county, or city and county as the enforcement authority of
regulations relating to the storage of waste tires and used tires, as
provided in subdivision (c) of Section 42850, and regulations
relating to the hauling of waste and used tires, as provided in
subdivision (b) of Section 42963. If the department designates a
local entity for that purpose, the department shall provide
sufficient, stable, and noncompetitive funding to that entity for
that purpose, based on available resources, as provided in the
five-year plan adopted and updated as provided in subdivision (a) of
Section 42885.5. The department may consider and create, as
appropriate, financial incentives for citizens who report the illegal
hauling or disposal of waste tires as a means of enhancing local and
statewide waste tire and used tire enforcement programs.
(e) To pay the costs of cleanup, abatement, removal, or other
remedial action related to waste tire stockpiles throughout the
state, including all approved costs incurred by other public agencies
involved in these activities by contract with the department. Not
less than six million five hundred thousand dollars ($6,500,000)
shall be expended by the department during each of the following
fiscal years for this purpose: 2001-02 to 2006-07, inclusive.
(f) To fund border region activities specified in paragraph (8) of
subdivision (b) of Section 42885.5.
(g) For expenditure pursuant to paragraph (3) of subdivision (a)
of, and paragraph (3) of subdivision (b) of, Section 17001.
(h) This section shall become operative on January 1, 2024.
SEC. 8. SEC. 6. Section 42961.5 of
the Public Resources Code is amended to read:
42961.5. (a) For purposes of this chapter, the following
definitions shall apply:
(1) "California Uniform Waste and Used Tire Manifest" or "manifest"
means a shipping document signed by a waste or used tire hauler and
a generator of waste or used tires, or the operator of a waste or
used tire facility or other destination that contains all of the
information required by the department, including, but not limited
to, an accurate measurement of the number of tires being shipped, the
date the shipment originated or terminated, and the origin and final
destination of the shipment.
(2) "Electronic Manifest" means a manifest that is submitted to
the department electronically in a manner specified by the
department.
(3) "Waste and used tire hauler" or "hauler" means any person
required to be registered with the department pursuant to subdivision
(a) of Section 42951.
(b) For purposes of this section, "Passenger Tire Equivalent" or
"PTE" means either of the following:
(1) A unit of measurement, such that one PTE equals 20 pounds of
waste or used tires, and one PTE equals one waste or used tire.
(2) A unit of measurement, such that 10 PTEs equals one cubic yard
of waste or used tires, and one PTE equals one waste or used tire.
(c) (1) A hauler transporting waste or used tires for offsite
handling, altering, storage, or disposal, or for any combination
thereof, shall complete a manifest.
(2) A hauler shall have the manifest in his or her possession
while transporting waste or used tires. The manifest shall be shown
upon demand to any representative of the department, any officer of
the Department of the California Highway Patrol, or any peace
officer, as defined in Section 830.1 or 830.2 of the Penal Code.
(3) A hauler shall provide the manifest, or otherwise provide all
required manifest information, to the generator of waste or used
tires or to the operator of a waste or used tire facility or other
destination at the time of transfer of the tires.
(4) Notwithstanding the Uniform Electronic Transactions Act (Title
2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the
Civil Code), the hauler shall submit a manifest to the department for
each load of waste or used tires transported within seven days of
the date of the pickup or delivery. The department may grant an
extension before the seventh day upon a showing of good cause by the
hauler.
(5) On and after January 1, 2018, the hauler shall submit only an
electronic manifest, and not a paper manifest, to the department
within seven days of the date of the pickup or delivery for each load
of waste or used tires transported.
(6) If approved by the department, a hauler may submit an
electronic manifest prior to January 1, 2018. The electronic manifest
shall include all information required to be on the manifest and any
other information required by the department.
(d) The authorized representative for the person generating or
accepting waste or used tires shall verify that the information on
the manifest is correct, including the number of tires and other
information specified by the department, and shall sign the manifest.
The person generating or accepting waste or used tires shall
maintain a copy of the manifest and any other information required
that the department deems necessary to track the flow of waste and
used tires through the state.
(e) The department may require an electronic manifest submitted by
a hauler to the department to include verification from a hauler,
and a generator of waste or used tires, or the operator of a waste or
used tire facility or other destination, that the information on the
manifest is correct, including the number of tires and other
information specified by the department.
(f) The department shall develop and implement a system for
auditing manifests submitted to the department pursuant to this
section, for the purpose of enforcing this section.
(g) If the amount of waste or used tires recorded on a manifest is
by weight or volume, the department shall determine the number of
waste or used tires being transported by converting the weight or
volume into PTEs.
(h) The department may require a hauler to attend trainings and
demonstrate understanding and proficiency with the provisions of this
chapter, Chapter 16 (commencing with Section 42800), Chapter 17
(commencing with Section 42860), and any rules, regulations, or
requirements issued or adopted pursuant to this chapter, Chapter 16,
or Chapter 17 prior to receiving a waste and used tire hauler
registration or a waste and used tire hauler registration renewal.