BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 167|
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THIRD READING
Bill No: SB 167
Author: Ducheny (D)
Amended: 4/22/09
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-1, 4/20/09
AYES: Simitian, Ashburn, Corbett, Hancock, Lowenthal,
Pavley
NOES: Runner
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Solid waste: waste tires
SOURCE : WILDCOAST
Breaking the Tire cycle Coalition
DIGEST : This bill makes changes to existing law that
requires the California Integrated Waste Management Board
to adopt a five-year plan establishing goals and priorities
for the waste tire program as it relates to waste tires in
the California-Mexico border region.
ANALYSIS :
Existing Law
1.Creates, under the "Environmental and Public Health
Protection at the California-Mexico Border Law"
(commencing with Public Resources Code Section 71100 et
CONTINUED
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seq.), a California Border Environmental and Public
Health Protection Fund to assist responsible agencies in
California and Baja California in implementing projects
to identify and resolve environmental and public health
problems, including projects related to domestic and
industrial wastewater, vehicle and industrial air
emissions, hazardous waste transport and disposal, human
and ecological risk, and disposal of municipal solid
waste. Money in the fund cannot be made available for
the purpose of bringing a person or facility into
compliance with environmental laws or to provide funds to
remediate environmental damage.
2.Establishes, under the California Integrated Waste
Management Act of 1989 (commencing with Public Resources
Code Section 4000 et seq.), various waste-related
programs, including the waste tires program, California
Tire Recycling Act, and the tire hauler registration
program, and a fee on new tires to fund tire program
activities.
3.Requires, under the California Tire Recycling Act
(commencing with Public Resources Code Section 42860 et
seq.), the California Integrated Waste Management Board
(CIWMB) to adopt a five-year plan that must be updated
every two years, regarding the waste tire program goals
and objectives. Specifically related to border issues
the five-year plan must address:
A. Training programs to assist Mexican waste and used
tire haulers to meet the requirements for hauling
those tires in California.
B. Environmental education training.
C. Development of a waste tire abatement plan, with
the appropriate government entities of California and
Mexico.
D. Tracking both the legal and illegal waste and used
tire flow across the border and recommended revisions
to the waste tire policies of California and Mexico.
E. Coordination with businesses operating in the
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border region and with Mexico, with regard to
applying the same environmental and control
requirements throughout the border region.
This bill:
1.Requires the CIWMB to include in the five-year plan, as a
border activity, the development of projects in Mexico in
the California-Mexico border region, including education,
infrastructure, mitigation, cleanup, prevention, reuse,
and recycling projects, that address the movement of used
tires from California to Mexico that are eventually
disposed in California.
2.Authorizes the CIWMB, upon appropriation by the
Legislature, to use the revenues generated from the
California tire fee to fund border activities.
3.Makes extensive findings and declarations as to the
threat posed by California tires in Mexico.
Comments
According to the author's office, every winter, sewage and
trash-laden storm water dislodges and carries thousands of
waste tires from Tijuana to California through the Tijuana
River channel and open culverts in the border fence. This
flow of waste tires represents economic, environmental and
public health challenges to California's border
communities.
NOTE: Please refer to the Senate Environmental Quality
Committee
analysis for background information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/5/09)
WILDCOAST (co-source)
Breaking the Tire cycle Coalition (co-source)
American Federation of State, County and Municipal
Employees, AFL-CIO
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City of Imperial Beach
Eighth District of San Diego (Benjamin Hueso, Council
President)
Heal the Bay
Mayda Winter (former Councilmember of the City of Imperial
Beach, 1996-2008)
Natural Resources Defense Council
Planning and Conservation League
Rubber Manufacturer Association
San Diego Coastkeepeer
Southwest Wetlands Interpretive Association
Surfrider San Diego
Tijuana River Valley Equestrian Association
Tijuana River Citizens' Council
TSM:cm 5/5/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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