BILL NUMBER: SB 1330 CHAPTERED
BILL TEXT
CHAPTER 875
FILED WITH SECRETARY OF STATE OCTOBER 12, 1997
APPROVED BY GOVERNOR OCTOBER 11, 1997
PASSED THE SENATE SEPTEMBER 10, 1997
PASSED THE ASSEMBLY SEPTEMBER 5, 1997
AMENDED IN ASSEMBLY SEPTEMBER 2, 1997
AMENDED IN ASSEMBLY JULY 22, 1997
AMENDED IN ASSEMBLY JULY 7, 1997
AMENDED IN SENATE JUNE 3, 1997
AMENDED IN SENATE MAY 5, 1997
AMENDED IN SENATE APRIL 7, 1997
INTRODUCED BY Senator Lockyer
(Principal coauthor: Senator Leslie)
(Coauthors: Senators O'Connell and Rainey)
FEBRUARY 28, 1997
An act to amend Sections 42847, 42889, and 48653 of, and to add
Chapter 2.5 (commencing with Section 48100) to Part 7 of Division 30
of, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1330, Lockyer. Solid waste: farm and ranch cleanup and
abatement: grant program.
Existing law, the California Integrated Waste Management Act of
1989, administered by the California Integrated Waste Management
Board, establishes an integrated waste management program.
This bill would require the board to establish, on or before
January 1, 1999, a grant program for cities and counties for purposes
of cleaning up and abating the effects of solid waste that is
illegally disposed of on farm or ranch property. The bill would
create the Farm and Ranch Solid Waste Cleanup and Abatement Account
in the General Fund. The money in the account would include money
appropriated from specified revenue sources, including specified tire
recycling and used oil recycling fees. The use of those fees for
purposes of the grant program would convert the fees to taxes,
thereby imposing a state tax for purposes of Article XIIIA of the
California Constitution. The board would be authorized to expend the
money in the account for the grant program upon appropriation by the
Legislature in the annual Budget Act.
The bill would specify related matters.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42847 of the Public Resources Code is amended
to read:
42847. If waste tires are cleaned up, the effects of the tires
are abated, or, in the case of threatened pollution or nuisance,
other necessary remedial action is taken by any governmental agency,
the person or persons who unlawfully stored, stockpiled, or
accumulated the waste tires or who unlawfully permitted the storage,
stockpile, or accumulation of waste tires or who threatened to cause
or permit the unlawful storage, stockpile, or accumulation of waste
tires shall be liable to that governmental agency to the extent of
the reasonable costs actually incurred in cleaning up the waste,
abating the effects thereof, or taking other remedial actions. The
amount of those costs shall be recoverable in a civil action by, and
paid to, the governmental agency and the board to the extent of the
latter's contribution to the cleanup costs from available funds. The
board shall seek recovery of its costs if that recovery is feasible.
SEC. 2. Section 42889 of the Public Resources Code is amended to
read:
42889. The money in the fund shall, upon order of the Controller,
be drawn therefrom for the payment of refunds under this chapter.
The balance of the money in the fund shall be appropriated in the
annual Budget Act to the board for expenditure for the following
purposes:
(a) To pay the costs of administration of this chapter, not to
exceed 5 percent of the total revenue deposited in the fund annually.
(b) In addition to payments authorized by subdivision (a), to pay
the costs of administration associated with collection, making
refunds, and auditing revenues in the fund, not to exceed 3 percent
of the total revenue deposited in the fund, as provided in
subdivision (b) of Section 42885.
(c) To pay the costs associated with operating the tire recycling
program specified in Article 3 (commencing with Section 42870).
(d) To pay the costs associated with the development and
enforcement of regulations relating to the storage of waste tires.
(e) To pay the costs of cleanup, abatement, or other remedial
action related to the disposal of used whole tires.
(f) To make studies and conduct research directed at promoting and
developing alternatives to the landfill disposal of used whole
tires.
(g) To pay the costs associated with a statewide shredding program
at authorized landfills and solid waste transfer stations.
(h) To pay the offsetting costs associated with a purchase
preference granted by the state for materials manufactured from
recycled tires, not to exceed one hundred thousand dollars ($100,000)
annually.
(i) To pay the cost associated with implementing and operating a
waste tire hauler program pursuant to Chapter 19 (commencing with
Section 42950).
(j) To pay the costs associated with implementing and operating
the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program
established pursuant to Chapter 2.5 (commencing with Section 48100)
of Part 7.
SEC. 3. Chapter 2.5 (commencing with Section 48100) is added to
Part 7 of Division 30 of the Public Resources Code, to read:
CHAPTER 2.5. FARM AND RANCH SOLID WASTE CLEANUP AND ABATEMENT
GRANT PROGRAM
48100. (a) The legislature hereby finds and declares that illegal
disposal of solid waste on property owned by innocent parties is a
longstanding problem needing attention and that grants provided under
this chapter will support the cleanup of farm and ranch property.
(b) On or before January 1, 1999, the board shall establish a farm
and ranch solid waste cleanup and abatement grant program under
which cities and counties may seek financial assistance for the
purposes of cleaning up and abating the effects of illegally disposed
solid waste pursuant to this chapter.
(c) (1) The Farm and Ranch Solid Waste Cleanup and Abatement
Account is hereby created in the General Fund and may be expended by
the board, upon appropriation by the Legislature in the annual Budget
Act, for the purposes of this chapter.
(2) The following funds shall be deposited into the account:
(A) Money appropriated by the Legislature from the Integrated
Waste Management Fund, the California Tire Recycling Management Fund,
or the California Used Oil Recycling Fund to the board for the grant
program.
(B) Notwithstanding Section 16475 of the Government Code, any
interest earned on the money in the account.
(3) The board may expend the money in the account for both of the
following purposes:
(A) To pay the costs of implementing this chapter, which costs
shall not exceed 7 percent of the funds available for the grant
program.
(B) To make payments to cities and counties for grants authorized
by this chapter.
(4) Upon authorization by the Legislature in the annual Budget
Act, the sum of all funds transferred into the account from other
funds or accounts shall not exceed one million dollars ($1,000,000)
annually.
(5) Notwithstanding any other provision of law, the grant program
shall be funded from the following funds:
(A) The Integrated Waste Management Fund.
(B) The California Tire Recycling Management Fund.
(C) The California Used Oil Recycling Fund.
48101. (a) The grant program shall be established to make grants
available to cities and counties for the purposes described in
subdivision (b) of Section 48100 in an amount not to exceed the sum
of fifty thousand dollars ($50,000) per year for any single city or
county, and not to exceed ten thousand dollars ($10,000) for any
single cleanup or abatement project. Administrative costs of the
city or county shall not exceed 3 percent of the grant.
(b) The board shall give priority to the provision of grants to
cities and counties that have established innovative and
cost-effective programs designed to discourage the illegal disposal
of solid waste and to encourage the proper disposal of solid waste in
permitted solid waste disposal facilities.
(c) A grant agreement between the board and a city or county may
provide for, but is not limited to, all of the following provisions:
(1) Site-specific cleanup and removal of solid waste that is
illegally disposed on farm or ranch property.
(2) Comprehensive, ongoing enforcement programs for the cleanup
and removal of solid waste that is illegally disposed of on farm or
ranch property.
(3) Waiver of tipping fees or other solid waste fees at permitted
solid waste facilities for solid waste that was illegally disposed of
on farm or ranch property.
(d) (1) Until such time that the board adopts regulations for the
grant program pursuant to Section 48103, any fine levied on, or
abatement order issued against, a farm or ranch property owner by a
local enforcement agency or other local agency prior to January 1,
1998, if the fine has not been paid or the abatement order fulfilled
as of January 1, 1998, or levied or issued, as the case may be, on
and after January 1, 1998, but prior to adoption of the regulations,
as a result of solid waste disposed of on the owner's ranch or farm
property shall be stayed if (1) the local agency makes a decision
that the property owner was not responsible for the dumping or (2)
the property owner has filed a written appeal of the local agency's
decision to the board and the board's decision on the matter is
pending.
(2) On and after the adoption of grant program regulations by the
board, any fines levied on, or abatement orders issued against, a
farm or ranch owner by the local enforcement agency or other local
agency as the result of solid waste disposed of on the owner's farm
or ranch property, regarding which the owner has made application to
a city or county for a grant under this chapter, shall, upon the
owner's written request to the local enforcement agency or other
local agency, be stayed if (1) the local agency makes a decision that
the property owner was not responsible for the dumping or (2) the
property owner has filed a written appeal of the local agency's
decision to the board and the board's decision on the matter is
pending.
48102. No farm or ranch property owner shall be eligible for a
grant pursuant to this chapter if it is determined by the city or
county that the owner was responsible for the illegal disposal of the
solid waste.
48103. (a) The board shall adopt regulations to implement this
chapter.
(b) The regulations adopted pursuant to this section shall include
criteria for grant eligibility and shall establish a process that is
open and accessible to the public under which grant applications may
be reviewed, ranked, and awarded. The regulations shall also
develop a process for a farm or ranch property owner to appeal a city'
s or county's determination of responsibility pursuant to Section
48102.
(c) If a local agency denies a grant application, it shall notify
the farm or ranch property owner in writing as to why the application
was denied.
(d) Nothing in this section is intended to prevent a farm or ranch
property owner from receiving reimbursement for solid waste cleanup
or abatement costs under the grant program or pursuant to any other
law.
48104. (a) Each year, as part of the annual report required to be
submitted pursuant to Section 40507, the board shall report to the
Governor and the Legislature on the actions it has taken under the
grant program and the number of illegal disposal sites that have been
cleaned up and abated pursuant to the grant program.
(b) On or before January 1, 2001, the board shall review the grant
program and report to the Governor and the Legislature on its costs
and effectiveness in cleaning up and abating solid waste illegally
disposed of on farm or ranch property. The report shall include all
of the following information:
(1) The number of sites that have been cleaned up in each county.
(2) The types of solid waste cleaned up.
(3) The number of sites not approved for the grant program, and
the reasons for that disapproval.
(4) The number of participant cities and counties.
(5) The types of property on which solid waste has been cleaned up
or abated.
48105. All solid waste collected by a city or county as a result
of cleanup or abatement under the grant program shall be recycled or
reused to the maximum extent feasible and cleanup or abatement
activities shall be conducted in compliance with existing laws
governing the handling of solid wastes, hazardous wastes, liquid
wastes, or medical wastes, as appropriate.
48106. Nothing in this chapter is intended to relieve any party
who is responsible for the generation or illegal deposition of the
solid waste from liability for removal costs if the party can be
identified. Farm or ranch property owners whose property is the
subject of solid waste cleanup or abatement under this chapter and
who are not responsible for the generation or deposition of the solid
waste shall not be subject to any cost recovery action for cleanup
or abatement costs borne by cities or counties or the board under
this chapter.
SEC. 4. Section 48653 of the Public Resources Code is amended to
read:
48653. The board shall deposit all amounts paid pursuant to
Section 48650 by manufacturers, civil penalties, or fines paid
pursuant to this chapter, and all other revenues received pursuant to
this chapter into the California Used Oil Recycling Fund, which is
hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, the money in the fund is to be appropriated
solely as follows:
(a) Continuously appropriated to the board for expenditure for the
following purposes:
(1) To pay recycling incentives pursuant to Section 48651.
(2) To provide a reserve for contingencies, as may be available
after making other payments required by this section, in an amount
not to exceed one million dollars ($1,000,000).
(3) To make block grants for the implementation of local used oil
collection programs adopted pursuant to Article 10 (commencing with
Section 48690) to cities, based on the city's population, and
counties, based on the population of the unincorporated area of the
county, in a total annual amount equal to ten million dollars
($10,000,000) or half of the amount which remains in the fund after
the expenditures are made pursuant to paragraphs (1) to (3),
inclusive, and subdivision (b), whichever amount is greater,
multiplied by the fraction equal to the population of cities and
counties which are eligible for block grants pursuant to Section
48690, divided by the population of the state. The board shall use
the latest population estimates of the state generated by the
Population Research Unit of the Department of Finance in making the
calculations required by this paragraph.
(4) For expenditures pursuant to Section 48656.
(b) The money in the fund may be expended by the board for the
administration of this chapter and by the department for inspections
and reports pursuant to Section 48661, only upon appropriation by the
Legislature in the annual Budget Act.
(c) The money in the fund may be transferred to the Farm and Ranch
Solid Waste Cleanup and Abatement Account in the General Fund, upon
appropriation by the Legislature in the annual Budget Act, to pay the
costs associated with implementing and operating the Farm and Ranch
Solid Waste Cleanup and Abatement Grant Program established pursuant
to Chapter 2.5 (commencing with Section 48100).
(d) Appropriations to the board to pay the costs necessary to
administer this chapter, including implementation of the reporting,
monitoring, and enforcement program pursuant to subdivision (d) of
Section 48631, shall not exceed three million dollars ($3,000,000)
annually.
(e) The Legislature hereby finds and declares its intent that the
sum of two hundred fifty thousand dollars ($250,000) should be
annually appropriated from the California Used Oil Recycling Fund in
the annual Budget Act to the board, commencing with fiscal year
1996-97, for the purposes of Section 48655.