BILL NUMBER: AB 992 CHAPTERED 09/27/99 CHAPTER 496 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 1999 APPROVED BY GOVERNOR SEPTEMBER 27, 1999 PASSED THE ASSEMBLY SEPTEMBER 9, 1999 PASSED THE SENATE SEPTEMBER 7, 1999 AMENDED IN SENATE SEPTEMBER 2, 1999 AMENDED IN SENATE AUGUST 31, 1999 AMENDED IN SENATE AUGUST 18, 1999 AMENDED IN SENATE AUGUST 16, 1999 INTRODUCED BY Assembly Member Wayne FEBRUARY 25, 1999 An act to amend Sections 48020, 48021, and 48028 of the Public Resources Code, relating to solid waste, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 992, Wayne. Solid waste disposal sites: cleanup. (1) The existing California Integrated Waste Management Act of 1989 required the California Integrated Waste Management Board, on January 1, 1994, to initiate a program for the cleanup of solid waste disposal sites and for cleanup of solid waste at codisposal sites where no responsible party is available to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. Existing law provides that all expenses incurred by the board in carrying out the program shall be paid from the Solid Waste Cleanup Trust Fund. Existing law provides that the board may not expend more than $300,000 annually for administration of the program and may not expend more than $5,000,000 from the trust fund in any fiscal year. This bill would eliminate those monetary limitations, but would instead prohibit the board from expending more than 5% of the amount appropriated for the program to administer the program, unless a different amount is otherwise appropriated to administer the program in the annual Budget Act. (2) Existing law authorizes the board, in administering the program, to expend funds for specified purposes, including providing loans to responsible parties who make a specified demonstration regarding loan repayment, and providing matching grants to local governments. The board is also authorized to provide grants to certified local enforcement agencies to abate illegal disposal sites. This bill would instead authorize the board to expend funds to provide loans to private parties that make that demonstration and to provide matching grants to public entities. The bill would additionally authorize the board to provide grants to all public entities, rather than only certified local enforcement agencies, for the abatement of illegal disposal sites. The bill would make other nonsubstantive changes. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 48020 of the Public Resources Code is amended to read: 48020. (a) For purposes of this article, the following terms have the following meaning: (1) "Codisposal site" means a hazardous substance release site listed pursuant to Section 25356 of the Health and Safety Code, where the disposal of hazardous substances, hazardous waste, and solid waste has occurred. (2) "Trust fund" means the Solid Waste Cleanup Trust Fund created pursuant to Section 48027. (b) The board shall, on January 1, 1994, initiate a program for the cleanup of solid waste disposal sites and for the cleanup of solid waste at codisposal sites where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. (c) The board shall not expend more than 5 percent of the funds appropriated for the purpose of the program by a statute other than the Budget Act to administer that program, unless a different amount is otherwise appropriated to administer the program in the annual Budget Act. If a different amount is appropriated to administer the program in the annual Budget Act, it shall be set forth in a separate line item. All remaining funds appropriated for the purposes of the program shall be expended on direct cleanup or emergency actions at solid waste disposal sites and for solid waste at codisposal sites. SEC. 2. Section 48021 of the Public Resources Code is amended to read: 48021. (a) In prioritizing the sites for cleanup pursuant to Section 48020, the board shall consider the degree of risk to public health and safety and the environment posed by conditions at a site, the ability of the site owner to clean up the site without monetary assistance, the ability of the board to adequately clean up the site with available funds, maximizing the use of available funds, and other factors as determined by the board. (b) In administering the program authorized by Section 48020, the board may expend funds directly for cleanup, provide loans to parties who demonstrate the ability to repay state funds, and provide matching grants to public entities, to assist in site cleanup. (c) In addition to the expenditures specified in subdivision (b), the board may expend a portion of the funds appropriated for the program to abate illegal disposal sites. For the purposes of this subdivision, the board may provide grants to public entities. Where funds are provided by the board to address illegal disposal sites within a jurisdiction, the local enforcement agency shall provide ongoing enforcement to prevent recurring illegal disposal at the site. (d) In developing and implementing the program, the board shall consult with certified local enforcement agencies and the regional water boards. SEC. 3. Section 48028 of the Public Resources Code is amended to read: 48028. Any funds appropriated for the purpose of the program that are not expended shall remain in the trust fund for future expenditure by the board for the purposes of this article or until this article is repealed.