BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 230|
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THIRD READING
Bill No: SB 230
Author: Cogdill (R)
Amended: 4/13/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 4/20/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Waste tire haulers: registration
SOURCE : San Joaquin County
DIGEST : This bill exempts from the waste and used tire
hauler registration requirements, a person transporting
illegally dumped waste or used tires to an amnesty day
event or to an authorized location who has received written
authorization, which includes specific conditions and dates
and documentation that a police report has been filed for
the illegally dumped tires, from the local enforcement
agency.
ANALYSIS :
Existing Law
1.Requires every person who transports waste or used tires
to hold a waste and used tire hauler registration, and
CONTINUED
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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.
2.Provides, in Public Resources Code Section 42954, for
eight specified exemptions from the tire hauler
registration requirements, including those who transport
fewer than 10 tires at a time and those who are
transporting to an amnesty event with the permission of
the local agency.
This bill adds a provision to the list of eight exemptions
that allows a local enforcement agent to grant an exemption
to a person who is transporting tires that were illegally
dumped if a police report has been filed to report the
dumping and the tires are going to an approved location.
Comments
According to the author's office, the agriculture community
has the need to haul more than the allotted number of tires
from one property to another, or to a waste facility.
Under current law, farmers/ranchers, once registered, are
only allowed to haul less than 10 tires on any given day,
less than 20 tires on an amnesty day. The agriculture
community often has many tires that are illegally dumped on
their property that they cannot dispose of properly because
they can't haul them to a waste facility. This bill
provides an opportunity for the agriculture community to
manage illegally dumped tires while still provided for
tracking and documentation to prevent further illegal
dumping.
Hauler and Manifest Program Background . The original waste
tire manifest system was created by SB 744 (McCorquodale),
Chapter 511, Statutes of 1993, to deal with the growing
number of illegal tire piles in the Central Valley. These
typically were not large piles, but many small piles,
mainly in agricultural and other rural areas. SB 744
required documentation of waste tire transactions between
the tire generator, tire hauler, and the end-use facility.
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A copy of the manifest form was left with each of the
respective parties as proof of the tire transaction. The
form was retained at the place of business for three years
so it could be reviewed by the California Integrated Waste
Management Board (CIWMB) staff or authorized representative
if requested. Unfortunately, since the information was not
provided directly to CIWMB, there was no single way to
track tire movement.
To close that loophole and to further increase the
oversight of tires in California, the Legislature passed SB
876 (Escutia), Chapter 838, Statutes of 2000, requiring
CIWMB to develop and implement a uniform statewide waste
and used tire manifest program. SB 876 requires every
person who transports ten or more waste or used tires to
hold a valid tire hauler registration (renewed annually)
and use State-issued decals and manifests. Prior to
obtaining registration, prospective haulers are required to
post a $10,000 bond (a cost of approximately $150-$300
annually). Registered haulers must possess manifests
during the transport of waste or used tires, transport only
to legally authorized end-use facilities, and submit the
completed manifest form to the CIWMB. The law also
requires that a person who received tires from an
unregistered hauler had to report that hauler to CIWMB by
providing the name, address, phone number, and license
plate number of the unlicensed hauler, and the amount of
tires.
Illegal Dumping of Tires . In 2006, the CIWMB created the
State/Local Illegal Dumping Enforcement Task Force,
consisting of members representing the California
Association of Counties and the League of California
Cities, as well as participants from the Regional Council
of Rural Counties and non-governmental stakeholders
concerned about illegal dumping such as the California Farm
Bureau Federation, nonprofit environmental groups and
private waste haulers. The 24 members of the task force
circulated a survey they created to determine the cost and
impact of illegal dumping. Thirty-three out of 58 counties
who responded revealed an annual cost of over $34 million
to local government for abatement. Waste tires are at the
top of the list of items illegally dumped, especially in
rural counties. According to the CIWMB, individual
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consumers who have no incentive for returning waste tires
to dealers are responsible for the majority of illegal
dumping taking place.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/4/09)
San Joaquin County (source)
TSM:cm 5/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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