BILL NUMBER: AB 117 CHAPTERED
BILL TEXT
CHAPTER 1020
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 30, 1998
PASSED THE ASSEMBLY AUGUST 28, 1998
PASSED THE SENATE AUGUST 27, 1998
AMENDED IN SENATE AUGUST 26, 1998
AMENDED IN SENATE AUGUST 18, 1998
AMENDED IN SENATE AUGUST 11, 1998
AMENDED IN SENATE AUGUST 5, 1998
AMENDED IN SENATE JULY 3, 1997
AMENDED IN ASSEMBLY MAY 22, 1997
AMENDED IN ASSEMBLY MAY 15, 1997
AMENDED IN ASSEMBLY APRIL 8, 1997
AMENDED IN ASSEMBLY MARCH 10, 1997
INTRODUCED BY Assembly Member Escutia
JANUARY 13, 1997
An act to amend Sections 42871 and 42885 of the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 117, Escutia. Solid waste: tire fees.
Existing law, the California Integrated Waste Management Act of
1989, administered by the California Integrated Waste Management
Board, establishes an integrated waste management program.
The existing California Tire Recycling Act, which is a part of the
integrated waste management act, requires every person until June
30, 1999, who purchases a new tire from a retail seller of new tires
to pay a fee of $0.25 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.
This bill would extend the operation of these fee provisions to
January 1, 2001.
The bill would also require the board to submit a preliminary
waste tire report, on specified matters relating to tire recycling,
together with recommendations for legislation, to the Legislature and
the Governor not later than May 1, 1999, with the assistance of a
working group of affected parties convened by the board. The bill
would require a final report on these matters to be submitted to the
Legislature and the Governor not later than June 30, 1999.
Existing law requires the money in the fund, except for specified
refunds, to be appropriated in the annual Budget Act to the board,
for specified purposes with regard to tire recycling, enforcement,
remedial action, studies, a shredding program, purchase preferences,
waste hauler program, and the Farm and Ranch Solid Waste Cleanup and
Abatement Grant Program.
This bill would declare the intent of the Legislature that the
board, in expending money from the fund in the 1999-2000 fiscal year,
emphasize the purposes of permitting, enforcement, and cleanup.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42871 of the Public Resources Code is amended
to read:
42871. (a) The board shall administer a tire recycling program
that promotes and develops alternatives to the landfill disposal of
used whole tires.
(b) Notwithstanding Section 7550.5 of the Government Code, the
board shall submit a preliminary waste tire report, together with
recommendations for legislation, to the Legislature and the Governor
not later than May 1, 1999, and a final report on these matters to
the Legislature and the Governor not later than June 30, 1999. The
board shall convene a working group of affected parties to assist the
board in the development of this report and any proposed
recommendations for legislation. The report shall include a status
report with respect to waste tires in California, as well as an
examination of programs needed to provide sustainable end uses for
the waste tires generated in California and the reduction of existing
waste tire stockpiles. The report shall include, but need not be
limited to, the following elements:
(1) An evaluation of the performance and cost-effectiveness of
existing state and local agency programs related to waste tires and,
as appropriate, a review of other successful out-of-state tire
programs. At a minimum, the report shall include an analysis of all
of the following:
(A) The use of retreaded tires on state-owned vehicles pursuant to
the Retreaded Tire Program (Chapter 7 (commencing with Section
42400)), which shall be reported to the board by the Department of
General Services.
(B) The use of tires as paving materials in state projects
pursuant to Chapter 14 (commencing with Section 42700), which shall
be reported to the board by the Department of Transportation.
(C) Waste tire facilities conducting business pursuant to Chapter
16 (commencing with Section 42800).
(D) Storage of tires at landfills, tire recycling, the tire
recycling fee, and the use of recycled tire products by state
agencies pursuant to Chapter 17 (commencing with Section 42860).
(E) The tire hauler registration program conducted pursuant to
Chapter 19 (commencing with Section 42950).
(F) The board's progress in meeting the intent of subdivision (a)
of Section 42870 to reduce the landfill disposal and stockpiling of
used whole tires by 25 percent within four years beginning in 1991.
(2) A critical analysis of proposed strategies and resources
necessary to eliminate stockpiles of waste tires, protect public
health and the environment, and increase sustainable economic markets
for waste tires in California. The report shall also include an
estimate of waste tires imported from other states for use or
disposal in this state, including options and recommendations, as
appropriate, to remedy the adverse impacts, if any, of imported waste
tires on the achievement of the waste tire management goals of the
state.
(3) The board, in consultation with the tire manufacturing
industry, shall include a component in the report on the activities
of tire manufacturers in addressing the recycling and disposal of
waste tires.
SEC. 2. Section 42885 of the Public Resources Code is amended to
read:
42885. (a) 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 remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2001, deletes or extends
that date.
SEC. 3. It is the intent of the Legislature that in expending
funds from the California Tire Recycling Management Fund during the
1999-2000 fiscal year pursuant to Section 42889 of the Public
Resources Code, the California Integrated Waste Management Board
emphasize the purposes of permitting, enforcement, and cleanup.