BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1004|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1004
Author: Portantino (D)
Amended: 7/15/10 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 6/28/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 57-6, 1/19/10 - See last page for vote
SUBJECT : State solid waste: Postclosure and Corrective
Action Trust
Fund
SOURCE : Waste Management Inc.
DIGEST : This bill makes various changes in the law
relating to the State Solid Waste Postclosure and
Corrective Action Trust.
ANALYSIS : The California Integrated Waste Management Act
(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 (DRRR) that
it elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund. However, the
CONTINUED
AB 1004
Page
2
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 percent of the total
volume of waste disposed of in 2010. The Act requires the
DRRR to notify the State Board of Equalization on or before
August 31, 2011, if the increased fee will become
operative.
This bill extends all of those dates by one year, and the
fee is 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 six months,
except the total volume of waste is 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 imposes the participation notification
requirements on the owner of a landfill rather than the
operator.
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
five percent 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 extends all of those dates by one year six
months, and applies to those requirements to owners rather
than operators. Additionally, a landfill with multiple
CONTINUED
AB 1004
Page
3
owners will 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.
The act requires the DRRR 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 requires the DRRR to begin that annual reporting
after January 1, 2016, rather than January 1, 2015.
According to the author's office, this bill is necessary to
address the transition of the Integrated Waste Management
Board to the DRRR and anticipates the transition of a new
Administration. More time is required.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/2/10)
Waste Management, Inc. (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Beall, Bill Berryhill,
Blakeslee, Block, Blumenfield, Bradford, Buchanan,
Caballero, Conway, Cook, Coto, De La Torre, De Leon,
DeVore, Emmerson, Evans, Feuer, Fletcher, Fong, Fuller,
Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Knight, Logue, Ma, Mendoza, Miller, Niello, Nielsen, John
A. Perez, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
Torlakson, Torrico, Tran, Villines
NOES: Chesbro, Lieu, Skinner, Swanson, Torres, Yamada
NO VOTE RECORDED: Arambula, Tom Berryhill, Brownley,
Charles Calderon, Carter, Davis, Eng, Fuentes, Hall,
Jeffries, Bonnie Lowenthal, Monning, Nava, Nestande, Bass
CONTINUED
AB 1004
Page
4
TSM:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED