BILL NUMBER: AB 1004 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2010
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 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 6 months, except the
total volume of waste would still be measured by the 2010
standard, with the exception that letters of participation would be
based on submission of those letters by landfill owners rather than
landfill operators . The bill also would impose the
participation notification requirements on the owner of a landfill
rather than the 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 and 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 one year
6 months , 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 January 1, 2013 July 1,
2012 , 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 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 January 1, 2013
July 1, 2012 , unless the Department of Resources Recycling and
Recovery receives, on or before July January
1, 2012, letters of participation in the State Solid Waste
Postclosure and Corrective Action Trust Fund from landfill
owners, and the department determines there is sufficient landfill
owner participation to warrant creation of the fund.
owners representing at least 50 percent of the total volume of waste
disposed of in 2010.
(2) The Department of Resources Recycling and Recovery shall
notify the state board, on or before August 31
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 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, whose landfill is
operating on July 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 Department of Resources Recycling and Recovery
on or before July January 1, 2012.
(2) 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 owner's operating landfills
and all other landfills in which that 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.
(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 owner of a landfill electing to participate in the State Solid
Waste Postclosure and Corrective Action Trust Fund on or before
August 31 February 29 , 2012.
(b) If an operator that is operating a landfill on July
January 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
January 1, 2013 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 January 1, 2012, the 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 owners pursuant
to this section are final, binding, and irrevocable for those 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. Except as provided in paragraph (3) of subdivision (a) of
Section 48010, an owner of multiple landfills 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 July January 1, 2012,
shall include all other landfills in which that owner has in common
ownership in the letter of participation.