BILL NUMBER: AB 2108 CHAPTERED
BILL TEXT
CHAPTER 304
FILED WITH SECRETARY OF STATE JULY 29, 1996
APPROVED BY GOVERNOR JULY 26, 1996
PASSED THE SENATE JULY 11, 1996
PASSED THE ASSEMBLY MAY 20, 1996
AMENDED IN ASSEMBLY APRIL 29, 1996
AMENDED IN ASSEMBLY MARCH 12, 1996
AMENDED IN ASSEMBLY FEBRUARY 29, 1996
INTRODUCED BY Assembly Member Mazzoni
JANUARY 29, 1996
An act to amend Sections 42885, 42956, and 42961.5 of, and to add
Section 42962.5 to, the Public Resources Code, and to add Article 8
(commencing with Section 31560) to Chapter 5 of Division 13 of the
Vehicle Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2108, Mazzoni. Solid waste: new tires: disposal fee: waste
tire haulers.
(1) Existing law, the California Integrated Waste Management Act
of 1989, regulates the handling and management of solid waste and is
administered by the California Integrated Waste Management Board.
Existing law, the California Tire Recycling Act, a part of the
waste management act, requires every person who leaves tires for
disposal with a seller of new or used tires to pay a disposal fee of
$.25 per tire to the seller. The tire recycling act authorizes the
seller to retain 10% of that fee as reimbursement for any costs
associated with the collection of the fee and requires the remainder
to be remitted to the state on a quarterly basis for deposit in the
California Tire Recycling Management Fund, which the act creates in
the State Treasury.
This bill would instead require a fee to be paid by every person
who purchases a new tire, as defined, from a retail seller of new
tires, permit the seller to retain 10% of the fee as reimbursement
for costs, and require the remainder to be remitted to the state on a
quarterly basis.
(2) The waste management act requires every person who engages in
the transportation of waste tires to hold a valid waste tire hauler
registration, except as specified, and requires any person engaged in
the transportation of waste tires to follow specified requirements.
This bill would authorize any traffic officer, as defined, and any
peace officer, as specified, to enforce those provisions as
authorized representatives of the board.
The bill would require the waste tire hauler registration and a
copy of the manifest for the waste tires to be presented upon demand
of an authorized representative of the board.
(3) The bill would require any person operating a vehicle, or
combination of vehicles, in the transportation of waste tires, to be
registered with the board, unless specifically exempted, as
specified. The bill would make violation of this requirement an
infraction, thereby imposing a state-mandated local program by
creating a new crime.
(4) 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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42885 of the Public Resources Code is amended
to read:
42885. (a) On and after January 1, 1997, every person who
purchases a new tire, as defined in subdivision (c), from a retail
seller of new tires shall pay a fee of twenty-five cents ($0.25) per
tire to the seller. The retail seller shall collect the fee at the
time of sale, may retain 10 percent of the fee as reimbursement for
any costs associated with the collection of the fee, and 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.
(b) The board, or its agent authorized pursuant to Section 42882,
shall be reimbursed for its costs of collection, auditing, and
refunds associated with the California Tire Recycling Management
Fund, but not to exceed 3 percent of the total annual revenue
deposited in the fund.
(c) For purposes of this section, "new tire" means a pneumatic or
solid tire intended for use with on-road or off-road motor vehicles,
motorized equipment, construction equipment, or farm equipment that
is sold separately from the motor vehicle, motorized equipment,
construction equipment, or farm equipment. "New tire" does not
include retreaded or recycled tires or tires that are mounted on
wheels and sold as part of a vehicle or equipment.
(d) This section shall become inoperative on June 30, 1999, and,
as of January 1, 2000, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2000, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 42956 of the Public Resources Code is amended to
read:
42956. (a) Upon approval of an application submitted pursuant to
Section 42955, the board shall issue a waste tire hauler registration
to be carried in the vehicle and a waste tire hauler decal to be
permanently affixed on the driver's door of the vehicle.
(b) The waste tire hauler registration shall be presented upon
demand of an authorized representative of the board.
SEC. 3. Section 42961.5 of the Public Resources Code is amended to
read:
42961.5. The board shall develop a waste tire manifest system for
registered waste tire haulers that complies with all of the
following conditions:
(a) The board shall develop a waste tire manifest form that shall
be completed and shall accompany each shipment of waste tires from
the point of origin to the processing, collection, storage, or
disposal facility.
(b) The manifest form shall be signed by the generator, the waste
tire hauler, and the processing, collection, storage, or disposal
facility. Each party shall retain one copy of the manifest form.
(c) If waste tires are transported from a collection center, a new
manifest shall be used until the waste tires reach a final
processing, collection, storage, or disposal facility.
(d) No transporter shall receive waste tires and no person or
facility shall accept waste tires for processing, collection,
storage, or disposal without a properly completed manifest form, with
the exception that the processor may accept waste tires that are
delivered by a waste tire hauler without a manifest, if the processor
reports the name of the waste tire hauler and the vehicle license
number to the board.
(e) A waste tire hauler shall not transport any waste tires
without having at all times, in the vehicle transporting the waste
tires, a copy of the manifest for the waste tires, which shall be
presented upon demand of an authorized representative of the board.
(f) Each party required to sign a manifest shall maintain it for
three years and shall make it available for review during regular
business hours.
SEC. 4. Section 42962.5 is added to the Public Resources Code, to
read:
42962.5. Any traffic officer, as defined in Section 625 of the
Vehicle Code, and any peace officer, as specified in Section 830.1 of
the Penal Code, may enforce this chapter as authorized
representatives of the board.
SEC. 5. Article 8 (commencing with Section 31560) is added to
Chapter 5 of Division 13 of the Vehicle Code, to read:
Article 8. Waste Tires
31560. (a) Any person operating a vehicle, or combination of
vehicles, in the transportation of waste tires, shall be registered
with the California Integrated Waste Management Board, unless
specifically exempted, as provided in Chapter 19 (commencing with
Section 42950) of Part 3 of Division 30 of the Public Resources Code
and in regulations adopted by the board to implement that chapter.
(b) It is unlawful and constitutes an infraction for any person
engaged in the transportation of waste tires to violate any provision
of this article.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.