BILL NUMBER: AB 1004 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2010
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 amend Sections 48000, 48010, 48012, and 48013 of the
Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1004, as amended, Portantino. 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
standard one year, and the fee would be operative only
if the department determines there is sufficient landfill owner
participation to warrant creation of the fund, rather than based on
total volume of waste disposed by participating landfill operators.
The bill also would impose the participation notification
requirements on the owner of a landfill rather than t he
operator .
(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
one year, and would apply those requirements to owners
rather than operators. Additionally, a landfill with multiple owners
would be authorized to participate only if all owners of that
landfill elect to participate, and participation of a landfill with
multiple owners would not obligate a partial owner of that landfill
to include any other landfills at which the owner has full
or partial ownership .
(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.
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
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
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 July 1, 2012 January 1,
2013 , the amount of the fee established by the 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 whose owner
has notified the 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 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 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 July 1, 2012 J
anuary 1, 2013 , unless the Department of Resources
Recycling and Recovery receives, on or before January
July 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. Fund from
landfill owners, and the department determines there is sufficient
landfill owner participation to warrant creation of the fund.
(2) The Department of Resources Recycling and Recovery shall
notify the state board, on or before February 29
August 31 , 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 that maintains
owner of a landfill for which evidence of
financial ability is maintained pursuant to Article 4
(commencing with Section 43600) of Chapter 2 of Part 4, that
is operating the landfill on January whose landfill
is operating on July 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
Department of Resources Recycling and Recovery on or before
January July 1, 2012.
(2) An operator Except as provided in
paragraph (3), an owner 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 owner's operating
landfills and all other landfills in which that operator
owner has in common ownership.
(3) A landfill with multiple owners may participate only if all
owners of that landfill elect to participate. Participation of a
landfill with multiple owners shall not obligate a partial owner of
that landfill to include any other landfill at which that owner has
full or partial ownership.
(3)
(4) The 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 owner of a landfill
electing to participate in the State Solid Waste Postclosure and
Corrective Action Trust Fund on or before February 29
August 31 , 2012.
(b) If an operator that is operating a landfill on
January July 1, 2012, submits a written
notification to the 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
July 1, 2012 January 1, 2013 , and a
5-percent penalty before being allowed to participate.
(c) For new landfills that receive a solid waste facility permit
after January July 1, 2012, the
operator's owner's election to
participate in the State Solid Waste Postclosure and Corrective
Action Trust Fund shall be submitted in writing to the Department of
Resources Recycling and Recovery before the department concurs in the
issuance of the permit pursuant to Section 44009.
(d) All elections to participate made by landfill
operators owners pursuant to this section are
final, binding, and irrevocable for those operators
owners and their successors and assignees.
SEC. 3. Section 48012 of the Public Resources Code is amended to
read:
48012. After January 1, 2016, as part of the annual report
required pursuant to Section 40507, the 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 Except as provided in
paragraph (3) of subdivision (a) of Section 48010, an
owner of multiple landfills who is required to
maintain for which evidence of financial ability
is maintained pursuant to Article 4 (commencing with
Section 43600) of Chapter 2 of Part 4 and whose landfills are
operating on January July 1, 2012,
shall include all other landfills in which that operator
owner has in common ownership in the letter of
participation.