BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 225|
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THIRD READING
Bill No: SB 225
Author: Wieckowski (D)
Introduced:2/13/15
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/15/15
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Recycling: used tires
SOURCE: Author
DIGEST: This bill requires the Department of Resources
Recycling and Recovery (CalReycle), 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.
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.
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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 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.
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
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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
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
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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) would have 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
located in disadvantaged communities. AB 2658 also would have
extended a sunset date relating to the use of rubberized asphalt
concrete by the Department of Transportation. AB 2658 failed
(4-3) in the Senate Transportation and 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 works
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) would have 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
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program inoperative on June 30, 2015; repealed the provision
authorizing 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 the local government RAC 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
conditions.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/27/15)
None received
OPPOSITION: (Verified4/27/15)
None received
Prepared by:Joanne Roy / E.Q. / (916) 651-4108
5/1/15 14:40:12
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