BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 225
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|Author: |Wieckowski |
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|Version: |2/13/2015 |Hearing |4/15/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Joanne Roy |
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Subject: Recycling: used tires
ANALYSIS:
Existing law:
1. Under the California Integrated Waste Management Act of 1989
(Public Resources Code (PRC) §40000 et seq.):
A. Specifies a state policy goal of 75% of recycling,
composting or source reduction of solid waste by 2020.
B. Requires each local jurisdiction to divert 50% of
solid waste from landfill disposal.
2. Under the California Tire Recycling Act (PRC §42860 et seq.):
A. Requires the Department of Resources, Recycling and
Recovery (CalRecycle) to administer a tire recycling
program that promotes and develops alternatives to the
landfill disposal of waste tires. The tire recycling
program may include, among other things, grants,
subsidies, and loans to businesses or other enterprises
and public entities involved in activities that result in
reduced landfill disposal or stockpiling of waste tires.
Activities eligible for funding may include the
manufacturing of products made from used tires such as
rubberized asphalt and crash barriers.
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B. Requires a person who purchases a new tire to pay a
California tire fee of $1.75 for each new tire purchased
in the state. One dollar of which is deposited into the
Tire Recycling Fund for oversight, enforcement, and
market development grants relating to waste tire
management and recycling. The remaining $0.75 is
deposited into the Air Pollution Control Fund for
programs and projects that mitigate or remediate air
pollution caused by tires.
C. Requires CalRecycle to adopt a Five-Year Plan, which
must be updated every two years, that establishes goals
and priorities for the waste tire program, including
grant programs.
D. Authorizes CalRecycle to award grants, subsidies,
rebates, and loans to businesses and public entities that
result in reduced landfill disposal of used tires.
This bill: Requires CalRecycle, when updating the five-year
plan and expending funds pursuant to the California Tire
Recycling Act, to ensure that the plan and expenditure of those
funds reflect the California Integrated Waste Management Act's
priorities for waste reduction and recycling.
Background
According to CalRecycle, approximately 40 million waste tires
are generated in California every year. The California Tire
Recycling Act requires CalRecycle to administer a tire recycling
program that promotes and develops alternatives to the landfill
disposal of waste tires. The tire recycling program may
include, among other things, grants, subsidies, and loans to
businesses or other enterprises and public entities involved in
activities that result in reduced landfill disposal or
stockpiling of waste tires. Activities for funding may include
the manufacturing of products made from used tires, such as
rubberized asphalt and crash barriers.
The California Tire Recycling Act requires CalRecycle to adopt a
five-year plan, which must be updated every two years. The
five-year plan establishes goals and priorities for the waste
SB 225 (Wieckowski) Page 3
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tire recycling program and identifies programmatic and fiscal
issues, performance objectives, and measurement criteria.
Comments
1. Purpose of Bill.
According to the author, "The California Integrated Waste
Management Act specifies the statewide goal of diverting from
landfills not less than 75% of solid waste by
source-reducing, recycling or composting by 2020. However,
the statutory goal does not address how various waste streams
will be reduced to meet the goal. This bill is intended to
address a particular source of waste in meeting the 75% goal
by ensuring that the state's five-year plan for recycling
waste tires and that funds appropriated for this purpose
reflect the state's overall priorities for solid waste
reduction and recycling."
2. Waste Tire Diversion Rates.
According to CalRecycle, the department has a diversion goal
of 90% for waste tires, with the overall diversion rate
increased from 81% in 2010 to 88% in 2011. However,
CalRecycle notes that this increase was largely due to the
continued, unprecedented rapid growth in the export of waste
tires to Pacific Rim nations, largely for use as tire-derived
fuel (TDF), which is now the largest single end-use
destination for California waste tires. If waste tire
exports, TDF, and use as alternative daily cover for
landfills are not included, then the diversion rate is only
44%. In addition, CalRecycle states that five million tires
were landfilled in 2011. This bill is meant to ensure that
the waste tire diversion rate is consistent with the state's
75% goal of reducing solid waste by recycling, composting, or
source reduction by 2020.
Related/Prior Legislation
AB 2658 (Bocanegra) (2014), which clarified that "parklets" and
"greenways" are eligible for grants for public works that use
tire-derived products and requires CalRecycle, when awarding
grants for parklets and greenways, to give priority to projects
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located in disadvantaged communities. AB 2658 also extended a
sunset date relating to the use of rubberized asphalt concrete
by the Department of Transportation. AB 2658 failed (4-3) in
Senate Transportation & Housing Committee.
AB 513 (Frazier), Chapter 499, Statutes of 2013, established the
Rubberized Asphalt Concrete (RAC) Market Development Act, which
codified CalRecycle's RAC grant program for local public work
projects.
AB 8 (Perea and Skinner), Chapter 401, Statutes of 2013,
extended until January 1, 2024, various vehicle-related, state
and local fees and surcharges, including the California tire fee
of $1.75 per tire, to fund vehicle-related air quality,
greenhouse gas and related programs.
AB 1647 (Gordon), Chapter 534, Statutes of 2012, revised the
hearing and enforcement process for waste tire facility and
waste tire hauling violations.
SB 758 (Fuller) (2011) reduced the per tire fee required under
the California Tire Recycling Act from $1.75 to $1.15. SB 758
died in the Senate Environmental Quality Committee.
AB 525 (Gordon), Chapter 573, Statutes of 2011, required
CalRecycle to award grants to cities, counties, and other local
government agencies for the funding of public works projects
that use waste tires; made the public works waste tire grant
program inoperative on June 30, 2015; and repealed the provision
authoring this program on January 1, 2016; and established the
Architectural Paint Stewardship Account in the Integrated Waste
Management Fund and the Architectural Paint Stewardship Penalty
Subaccount in the Integrated Waste Management Fund, for purposes
of program implementation.
SB 369 (Simitian), Chapter 300, Statutes of 2006, extended the
sunset date on local government rubberized asphalt concrete
grant program from 2007 to 2011, revised eligibility
requirements for the program, and made related amendments.
AB 338 (Levine), Chapter 709, Statutes of 2005, required the
Department of Transportation to use certain percentages of
"asphalt containing crumb rubber" for state highway or repair
projects using asphalt as a construction material under certain
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conditions.
SOURCE: Author
SUPPORT:
None on file
OPPOSITION:
None on file
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