BILL NUMBER: AB 2181	CHAPTERED
	BILL TEXT

	CHAPTER   299
	FILED WITH SECRETARY OF STATE   AUGUST 17, 1998
	APPROVED BY GOVERNOR   AUGUST 17, 1998
	PASSED THE ASSEMBLY   AUGUST 3, 1998
	PASSED THE SENATE   JULY 30, 1998
	AMENDED IN SENATE   JULY 15, 1998
	AMENDED IN SENATE   JUNE 23, 1998
	AMENDED IN ASSEMBLY   MAY 22, 1998
	AMENDED IN ASSEMBLY   MAY 14, 1998
	AMENDED IN ASSEMBLY   APRIL 23, 1998
	AMENDED IN ASSEMBLY   APRIL 2, 1998

INTRODUCED BY   Assembly Members Firestone and Woods

                        FEBRUARY 19, 1998

   An act to amend Sections 42825, 42835, and 42850 of, and to add
Section 42850.1 to, the Public Resources Code, relating to waste
tires.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2181, Firestone.  Solid waste:  tires.
   (1) The existing California Integrated Waste Management Act of
1989, which is administered by the California Integrated Waste
Management Board, establishes an integrated waste management program.
  Existing law imposes civil and criminal penalties for violation of
specified provisions pertaining to waste tires.
   This bill would impose additional criminal penalties for
violations of those provisions, thereby imposing a state-mandated
local program by creating new crimes.  The bill would also modify the
amount of the civil penalties that may be imposed for certain
violations and would allow a city, county, or city and county, to
request the board to be designated to exercise the board's
enforcement authority under those provisions.
   (2) This bill would incorporate additional changes in Sections
42825, 42835, and 42850 of the Public Resources Code, proposed by AB
228, to be operative only if AB 228 and this bill are both chaptered
and become effective January 1, 1999, and this bill is chaptered
last.
  (3)  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 42825 of the Public Resources Code is amended
to read:
   42825.  (a) Any person who accepts waste tires at a major waste
tire facility that has not been issued a permit or who knowingly
directs or transports waste tires to a major waste tire facility that
has not been issued a permit shall, upon conviction, be punished by
a fine of not less than one thousand dollars ($1,000) or more than
ten thousand dollars ($10,000) for each day of violation, by
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
   (b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues.  In any case where a person
has accepted waste tires at a major waste tire facility, or
knowingly directed or transported waste tires to a major waste tire
facility, that has not been issued a permit, in violation of
subdivision (a), each day that the waste tires remain at the facility
and the person has knowledge thereof is a separate additional
violation, unless the person has filed a report with the board
disclosing the violation and is in compliance with any order
regarding the waste tires issued by the board, a hearing officer, or
a court of competent jurisdiction.
  SEC. 1.5.  Section 42825 of the Public Resources Code is amended to
read:
   42825.  (a) Any person who accepts waste tires at a major waste
tire facility that has not been issued a permit or an authorization
to operate from the board, or who knowingly directs, transports, or
abandons waste tires to or at a major waste tire facility that has
not been issued a permit or an authorization to operate from the
board shall, upon conviction, be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
   (b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues.  In any case where a person
has accepted waste tires at a major waste tire facility, or
knowingly directed or transported waste tires to a major waste tire
facility, that has not been issued a permit, in violation of
subdivision (a), each day that the waste tires remain at the facility
and the person has knowledge thereof is a separate additional
violation, unless the person has filed a report with the board
disclosing the violation and is in compliance with any order
regarding the waste tires issued by the board, a hearing officer, or
a court of competent jurisdiction.
  SEC. 2.  Section 42835 of the Public Resources Code is amended to
read:
   42835.  (a) Any person who accepts waste tires at a minor waste
tire facility that has not been issued a permit or who knowingly
directs or transports waste tires to a minor waste tire facility that
has not been issued a permit shall, upon conviction, be punished by
a fine of not less than five hundred dollars ($500) nor more than
five thousand dollars ($5,000) for each day of violation, by
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
   (b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues.  In any case where a person
has accepted waste tires at a minor waste tire facility, or
knowingly directed or transported waste tires to a minor waste tire
facility, that has not been issued a permit, in violation of
subdivision (a), each day that the waste tires remain at the facility
and the person has knowledge thereof is a separate additional
violation, unless the person has filed a report with the board
disclosing the violation and is in compliance with any order
regarding the waste tires issued by the board, a hearing officer, or
a court of competent jurisdiction.
  SEC. 2.5.  Section 42835 of the Public Resources Code is amended to
read:
   42835.  (a) Any person who accepts waste tires at a minor waste
tire facility that has not been issued a permit or an authorization
to operate from the board, or who knowingly directs, transports, or
abandons waste tires to or at a minor waste tire facility that has
not been issued a permit or an authorization to operate from the
board shall, upon conviction, be punished by a fine of not less than
five hundred dollars ($500) or more than five thousand dollars
($5,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
   (b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues.  In any case where a person
has accepted waste tires at a major waste tire facility, or
knowingly directed or transported waste tires to a major waste tire
facility, that has not been issued a permit, in violation of
subdivision (a), each day that the waste tires remain at the facility
and the person has knowledge thereof is a separate additional
violation, unless the person has filed a report with the board
disclosing the violation and is in compliance with any order
regarding the waste tires issued by the board, a hearing officer, or
a court of competent jurisdiction.
  SEC. 3.  Section 42850 of the Public Resources Code is amended to
read:
   42850.  (a) Any person who negligently violates any provision of
this chapter, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter, is liable for
a civil penalty of not less than five hundred dollars ($500) or more
than five thousand dollars ($5,000), for each violation of a
separate provision or, for continuing violations, for each day that
the violation continues.
   (b) Liability under this section may be imposed in a civil action
or liability may be imposed administratively pursuant to this
article.
   (c) Upon request of a city, county, or city and county, that city,
county, or city and county may be designated, in writing, by the
board, to exercise the enforcement authority granted to the board
under this chapter.  Any city, county, or city and county so
designated shall follow the same procedures set forth for the board
under this article.  This designation shall not limit the authority
of the board to take action it deems necessary or proper to ensure
the enforcement of this chapter.
  SEC. 3.5.  Section 42850 of the Public Resources Code is amended to
read:
   42850.  (a) Any person who negligently violates any provision of
this chapter, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter, is liable for
a civil penalty of not less than five hundred dollars ($500) or more
than five thousand dollars ($5,000), for each violation of a
separate provision or, for continuing violations, for each day that
the violation continues.
   (b) Liability under this section may be imposed in a civil action
or liability may be imposed administratively pursuant to this
article.
   (c) Upon request of a city, county, or city and county, that city,
county, or city and county may be designated, in writing, by the
board, to exercise the enforcement authority granted to the board
under this chapter.  Any city, county, or city and county so
designated shall follow the same procedures set forth for the board
under this article.  This designation shall not limit the authority
of the board to take action it deems necessary or proper to ensure to
enforcement of this chapter.
  SEC. 4.  Section 42850.1 is added to the Public Resources Code, to
read:
   42850.1.  (a) Any person who intentionally violates any provision
of this chapter, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter, shall, upon
conviction, be punished by a fine not to exceed ten thousand dollars
($10,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
   (b) (1) Any person who intentionally violates any provision of
this chapter, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter, is liable for
a civil penalty not to exceed ten thousand dollars ($10,000), for
each violation of a separate provision or, for continuing violations,
for each day that the violation continues.
   (2) Liability under this subdivision may be imposed in a civil
action or may be imposed administratively pursuant to this article.
  SEC. 5.  Section 1.5 of this bill incorporates amendments to
Section 42825 of the Public Resources Code proposed by both this bill
and AB 228.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, (2) each
bill amends Section 42825 of the Public Resources Code, and (3) this
bill is enacted after AB 228, in which case Section 1 of this bill
shall not become operative.
  SEC. 6.  Section 2.5 of this bill incorporates amendments to
Section 42835 of the Public Resources Code proposed by both this bill
and AB 228.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, (2) each
bill amends Section 42835 of the Public Resources Code, and (3) this
bill is enacted after AB 228, in which case Section 2 of this bill
shall not become operative.
  SEC. 7.  Section 3.5 of this bill incorporates amendments to
Section 42850 of the Public Resources Code proposed by both this bill
and AB 228.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, (2) each
bill amends Section 42850 of the Public Resources Code, and (3) this
bill is enacted after AB 228, in which case Section 3 of this bill
shall not become operative.
  SEC. 8.  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.