BILL ANALYSIS
SB 230
Page 1
Date of Hearing: June 22, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
SB 230 (Cogdill) - As Amended: April 13, 2009
SENATE VOTE : 36-0
SUBJECT : Waste tire haulers: registration
SUMMARY : Adds a provision to the list of exemptions from the
tire hauler registration requirements that allows a local
enforcement agency to grant an exemption to a person who is
transporting tires that were illegally dumped if a police report
has been filed and the tires are being taken to an approved
location.
EXISTING LAW:
1)Requires every person who transports waste or used tires to be
registered with the California Integrated Waste Management
Board (CIWMB) and requires a registered waste and used tire
hauler to only transport waste or used tires to a facility
that is authorized to accept waste and used tires.
2)Provides for eight specified exemptions from the tire hauler
registration requirements, including those who transport fewer
than ten tires at a time and those who are transporting to an
amnesty event with the permission of the local enforcement
agency.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill has
negligible state costs.
COMMENTS :
1)Purpose of the Bill . According to the author, 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 generally haul less than 10 tires in a day and
less than 20 tires on an amnesty day. The agriculture
community is often victim to illegally dumped tires on their
property, which they cannot dispose of properly because they
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are not legally permitted to haul them to a waste facility.
This measure provides an opportunity for the agriculture
community to manage illegally dumped tires while still
maintaining tracking and documentation to prevent further
illegal dumping.
2)Hauler and Manifest Program Background . The original waste
tire manifest system was created in 1993 to deal with the
growing number of illegal tire piles in the Central Valley.
These were typically numerous small piles, mainly in
agricultural and other rural areas. The law required
documentation of waste tire transactions between the tire
generator, tire hauler, and the end-use facility. 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 CIWMB staff or authorized representatives, if requested.
Unfortunately, since the information was not provided directly
to CIWMB, there was no simple 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. 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 CIWMB.
The law also requires that a person who received tires from an
unregistered hauler must report that hauler to CIWMB by
providing the name, address, phone number, and license plate
number of the unlicensed hauler, and the number of tires.
3)Illegal Dumping . In 2006, CIWMB created the State/Local
Illegal Dumping Enforcement Task Force. It is lead by 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. The twenty-four
members of the task force circulated a survey to determine the
cost and impact of illegal dumping. Thirty-three out of 58
counties who responded revealed an annual cost of over $34
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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 CIWMB, individual consumers who
have no incentive for returning waste tires to dealers are
responsible for the majority of illegal dumping.
REGISTERED SUPPORT / OPPOSITION :
Support
San Joaquin County Board of Supervisors (sponsor)
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092