BILL NUMBER: AB 1004 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 20, 2010
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 16, 2009
INTRODUCED BY Assembly Member Portantino
FEBRUARY 27, 2009
An act to add Section 53154.5 to the Government
amend Sections 48000, 48010, 48012, and 48013 of the Public
Resources Code, relating to local government.
solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1004, as amended, Portantino. Local government:
emergency response. Solid waste: State Solid Waste
Postclosure and Corrective Action Trust Fund.
(1) The California Integrated Waste Management Act of 1989
requires a solid waste disposal fee, on and after January 1, 2012, to
be increased by $0.12 per ton for each operator of a solid waste
landfill that notifies the Department of Resources Recycling and
Recovery that it elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund. However, the fee will
not be operative on or after January 1, 2012, unless the department
receives, on or before July 1, 2011, letters of participation in the
fund from landfill operators representing at least 50% of the total
volume of waste disposed of in 2010. The act requires the department
to notify the State Board of Equalization on or before August 31,
2011, if the increased fee will become operative.
This bill would extend all of those dates by 6 months, except the
total volume of waste would still be measured by 2010 standards.
(2) The act requires an operator of a landfill that meets
specified requirements, including electing to participate in the
fund, to submit written notice to the department on or before July 1,
2011. The act requires an operator that is operating a landfill on
July 1, 2011, who submits that notice after the increased fee goes
into effect to pay all trust fund fees applicable from January 1,
2012, and a 5% penalty before being allowed to participate. For a new
landfill that receives a solid waste facility permit after July 1,
2011, the act requires the operator's election to participate in the
fund to be submitted in writing to the department before the
department concurs in the issuance of the permit. The act also
requires an operator of multiple landfills who is required to
maintain evidence of financial ability and whose landfills are
operating on July 1, 2011, to include all other landfills in which
that operator has in common ownership in the letter of participation.
This bill would extend all of those dates by 6 months.
(3) The act requires the department after January 1, 2015, to
report annually on expenditures from the fund, the status of cost
recovery actions, and any recommended statutory changes that are
necessary to ensure adequate resources are available to carry out the
purposes of the fund.
This bill would require the department to begin that annual
reporting after January 1, 2016, rather than January 1, 2015.
Existing law specifically authorizes a public agency to charge any
person who is under the influence of an alcoholic beverage or drug,
whose negligent operation of a motor vehicle, boat or vessel, or
civil aircraft causes an incident that requires an emergency
response, who makes a false police report, or who intentionally,
knowingly, and willfully enters into an area that is closed to the
public or drives a vehicle on a street or highway that is temporarily
covered by a rise in water level, the reasonable expenses of an
emergency response to the incident.
This bill would prohibit a public agency from making residency a
determining factor in determining liability for purposes of seeking
reimbursement for the expenses of any emergency response.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48000 of the Public
Resources Code is amended to read:
48000. (a) Each operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization , which is
based on the amount, by weight or volumetric equivalent, as
determined by the board Department of
Resources Recycling and Recovery , of all solid waste disposed
of at each disposal site.
(b) (1) The fee for solid waste disposed of shall be one dollar
and thirty-four cents ($1.34) per ton. Commencing with the 1995-96
fiscal year, the amount of the fee shall be established by the
board Department of Resources Recycling and
Recovery at an amount that is sufficient to generate revenues
equivalent to the approved budget for that fiscal year, including a
prudent reserve, but shall not exceed one dollar and forty cents
($1.40) per ton.
(2) On and after January July 1,
2012, the amount of the fee established by the board
Department of Resources Recycling and Recovery
pursuant to paragraph (1) shall be increased by twelve cents ($0.12)
per ton for each operator of a solid waste landfill that notifies the
board department that it elects to
participate in the State Solid Waste Postclosure and Corrective
Action Trust Fund pursuant to Article 2.1 (commencing with
Section 48010) .
(c) The board Department of Resources
Recycling and Recovery shall notify the state board on the
first day of the period in which the rate shall take effect of any
rate change adopted pursuant to paragraphs (1) and (2) of subdivision
(b).
(d) The board Department of Resources
Recycling and Recovery and the state board shall ensure that
all of the fees for solid waste imposed pursuant to this section that
are collected at a transfer station are paid to the state board in
accordance with this article.
(e) (1) The fee imposed by paragraph (2) of subdivision (b) shall
not be operative on or after January July
1, 2012, unless the board Department of
Resources Recycling and Recovery receives, on or before
July 1, 2011 January 1, 2012 , letters
of participation in the State Solid Waste Postclosure and Corrective
Action Trust Fund from landfill operators representing at least 50
percent of the total volume of waste disposed of in 2010.
(2) The board Department of Resources
Recycling and Recovery shall notify the state board, on or
before August 31, 2011 February 29, 2012
, if the fee imposed by paragraph (2) of subdivision (b) shall
become operative , pursuant to paragraph (1).
SEC. 2. Section 48010 of the Public
Resources Code is amended to read:
48010. (a) (1) An operator of a landfill maintain
that maintains evidence of financial ability
pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of
Part 4, that is operating the landfill on July 1, 2011
January 1, 2012 , and that elects to participate
in the State Solid Waste Postclosure and Corrective Action Trust
Fund pursuant to this article, shall submit written notice to the
board Department of Resources Recycling and
Recovery on or before July 1, 2011
January 1, 2012 .
(2) An operator of multiple landfills that elects to participate
in the State Solid Waste Postclosure and Corrective Action Trust Fund
is required to submit written notice that includes all of the
operator's operating landfills and all other landfills in which that
operator has in common ownership.
(3) The board Department of Resources
Recycling and Recovery shall provide to the state board the
name and address, and any other information necessary to administer
and collect the fee imposed pursuant to paragraph (2) of subdivision
(b) of Section 48000, of every operator of a landfill electing to
participate in the State Solid Waste Postclosure and Corrective
Action Trust Fund on or before August 31, 2011
February 29, 2012 .
(b) If an operator that is operating a landfill on July
1, 2011 January 1, 2012 , submits a written
notification to the board Department of
Resources Recycling and Recovery that it elects to participate
after the trust fund fee goes into effect, the operator shall pay all
trust fund fees applicable from January July
1, 2012, and a 5-percent penalty before being allowed to
participate.
(c) For new landfills that receive a solid waste facility permit
after July 1, 2011 January 1, 2012 ,
the operator's election to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund shall be submitted in
writing to the board Department of Resources
Recycling and Recovery before the board
department concurs in the issuance of the permit pursuant to
Section 44009.
(d) All elections to participate made by landfill operators
pursuant to this section are final, binding, and irrevocable for
those operators and their successors and assignees.
SEC. 3. Section 48012 of the Public
Resources Code is amended to read:
48012. After January 1, 2015 2016 ,
as part of the annual report required pursuant to Section 40507, the
board Department of Resources Recycling and
Recovery shall report on expenditures from the State Solid
Waste Postclosure and Corrective Action Trust Fund, the status of
cost recovery actions, and any recommended statutory changes that are
necessary to ensure adequate resources are available to carry out
the purposes of the State Solid Waste Postclosure and Corrective
Action Trust Fund.
SEC. 4. Section 48013 of the Public
Resources Code is amended to read:
48013. An operator of multiple landfills who is required to
maintain evidence of financial ability pursuant to Article 4
(commencing with Section 43600) of Chapter 2 of Part 4 and whose
landfills are operating on July 1, 2011
January 1, 2012 , shall include all other landfills in which
that operator has in common ownership in the letter of participation.
SECTION 1. Section 53154.5 is added to the
Government Code, to read:
53154.5. A public agency, in making a determination of liability
for purposes of seeking reimbursement for the expenses of any
emergency response, shall not make residency a determining factor.