BILL NUMBER: SB 730	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2009

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 27, 2009

   An act to  add Section 48009 to   amend
Section 48000 of  the Public Resources Code, relating to solid
waste.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 730, as amended, Wiggins. Solid waste:  grants and
loans: eligibility.   fees.  
   Existing law requires an operator of a disposal facility to pay
quarterly to the State Board of Equalization a fee, as determined by
the California Integrated Waste Management Board (board), based on
the amount of solid waste disposed of at each disposal site.

   This bill would require an operator of a transfer or processing
station that transfers solid waste for disposal outside of the state
to pay the above fee on that solid waste.  
   Existing law authorizes the Integrated Waste Management Board to
issue grants and loans to local governments for various purposes
including, among other things, expansion of recycling efforts,
household hazardous waste, and local enforcement of solid waste
regulations.  
   This bill would provide that a public entity of the state is
ineligible for any grants, loans, or loan guarantees from, or any
other financial incentive administered by, the board, if the entity
disposes or causes the disposal of solid waste at a facility within
the state that does not meet standards that are as stringent as the
state standards or at a facility located outside the state. 

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 48000 of the   Public
Resources Code   is amended to read: 
   48000.  (a) Each operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization  which 
 that  is based on the amount, by weight or volumetric
equivalent, as determined by the board, of all solid waste disposed
of at each disposal site.
   (b) The fee for solid waste disposed of shall be one dollar and
thirty-four cents ($1.34) per ton. Commencing with the 1995-96 fiscal
year, the amount of the fee shall be established by the board at an
amount that is sufficient to generate revenues equivalent to the
approved budget for that fiscal year, including a prudent reserve,
but shall not exceed one dollar and forty cents ($1.40) per ton. 

   (c) An operator of a transfer or processing station that transfers
waste to a destination outside of the state for disposal shall pay a
fee quarterly to the State Board of Equalization, as determined by
the board pursuant to subdivision (b), on all solid waste that the
operator transfers out of the state for disposal.  
   (c) 
    (d)  The board shall notify the State Board of
Equalization on the first day of the period in which the rate shall
take effect of any rate change adopted pursuant to this section.

   (d) 
    (e)  The board and the State Board of Equalization shall
ensure that all the fees for solid waste imposed pursuant to this
section that are collected at a transfer station are paid to the
State Board of Equalization in accordance with this article. 

  SECTION 1.    Section 48009 is added to the Public
Resources Code, to read:
   48009.  (a) A public entity of the state is ineligible for any
grants, loans, or loan guarantees from, or any other financial
incentives administered by, the board if the entity disposes or
causes the disposal of solid waste at a facility that does not meet
standards that are as stringent as the standards set forth in this
division or regulations issued pursuant to this division or at a
facility located outside of the state.
   (b) This section does not apply to a public entity that entered
into a solid waste disposal contract before January 1, 2010, for the
duration of the contract.
   (c) Subdivision (b) does not apply to the renewal of a solid waste
disposal contract occurring on or after January 1, 2010.