BILL NUMBER: SB 230	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cogdill

                        FEBRUARY 23, 2009

   An act to amend Section 42954 of the Public Resources Code,
relating to waste tire haulers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 230, as introduced, Cogdill. Waste tire haulers: registration.
   Existing law requires every person who engages in the
transportation of waste or used tires to hold a valid waste and used
tire hauler registration issued by the California Integrated Waste
Management Board, and requires a registered waste and used tire
hauler to only transport waste or used tires to a facility that meets
the conditions for being permitted, excluded, exempted, or
authorized to accept waste and used tires, or to a facility that
lawfully accepts waste or used tires for reuse or disposal. Existing
law exempts certain persons from registration if the person meets at
least one of 8 specified standards, including transporting fewer than
10 waste or used tires at any one time.
   This bill would additionally exempt from the waste and used tire
hauler registration requirements a person who is an owner or employee
of an agriculture business concern, as defined, that is not a waste
tire generating business, if the person is hauling used or waste
tires that were used on a vehicle owned or operated by that
agriculture business concern. The bill would also make technical and
clarifying changes.
   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 42954 of the Public Resources Code is amended
to read:
   42954.  (a) A person who hauls waste or used tires is exempt from
registration under this chapter if at least one of the following
conditions is met:
   (1) The person transports fewer than 10 waste or used tires at any
one time.
   (2) The person is, or hauls used and waste tires in a vehicle
owned and operated by, the United States, the State of California, or
any county, city, town, or municipality in the state, except when
 vehicles   the vehicle  the public agency
owns or operates  are   is  used as a waste
and used tire carrier for hire.
   (3) The waste or used tires were inadvertently mixed or commingled
with solid waste, and it is not economical or safe to remove or
recover them.
   (4) The vehicle originated outside the boundaries of the state and
is destined for a point outside the boundaries of the state, if no
waste or used tires are loaded or unloaded within the boundaries of
the state.
   (5) The person is hauling waste or used tires for agricultural
purposes. However, notwithstanding Section 42961.5, a person hauling
waste or used tires for agricultural purposes shall carry a manifest
from the generator in the vehicle during transportation, which may be
destroyed after delivery.
   (6) The waste or used tires were hauled by a common carrier who
transported something other than waste or used tires to an original
destination point and then transported waste or used tires on the
return part of the trip, and the revenue derived from the waste or
used tires is incidental when compared to the revenue earned by the
carrier.
   (7) The person, who is not a waste tire generating business, is
transporting waste or used tires to an amnesty day event or to a
location  as defined   that meets the conditions
specified  in subdivision (b) of Section 42951, and has
received written authorization, which includes specific conditions
and dates, from the local enforcement agency. The local enforcement
agency shall provide copies of any written authorizations to the
board within 30 days of their issuance. 
   (8) (A) The person is an owner or employee of an agriculture
business concern that is not a waste tire generating business and the
person is hauling used or waste tires that were used on vehicles
owned or operated by that agriculture business concern.  
   (B) For purposes of this paragraph, "agriculture business concern"
means a sole proprietorship, corporation, association, firm,
partnership, trust, or other form of commercial organization that
primarily conducts operations relating to agriculture.  

   (8) 
    (9)  The person complies with any additional conditions
for exemption, as approved by the board.
   (b)  Any   A  person who transports
tires  to a location that does not meet the conditions specified
 in  violation of  subdivision (b) of Section
42951 shall not be exempt pursuant to subdivision (a)  , except
as specified in   paragraph (7) of subdivision (a)  .