BILL NUMBER: SB 832 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Environmental Quality (Senators Simitian
(Chair), Ashburn, Corbett, Hancock, Lowenthal, Pavley, and Runner)
MARCH 25, 2009
An act to amend Sections 44510, 44525, and 44525.7 of, and to
repeal Section 44525.5 of, the Health and Safety Code, and to amend
Sections 6206.5 and 41780 of the Public Resources Code, relating to
resources, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 832, as introduced, Committee on Environmental Quality.
Resources: California Pollution Control Financing Authority: public
lands: solid waste diversion.
(1) The California Pollution Control Financing Authority Act
establishes the California Pollution Control Financing Authority,
with specified powers and duties, and authorizes the authority to
approve financing for projects or pollution control facilities to
prevent or reduce environmental pollution.
This bill would make various changes to the financial and
administrative provisions of the act.
(2) Under existing law, the State Lands Commission has the power
to apply to the United States Department of the Interior for patents
to the numbered school sections in place, which have not been
patented by the state.
This bill would delete the condition that the numbered school
sections to which this provision applies be those that have not been
patented by the state.
(3) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan containing specified components. Those entities are
required to divert, from disposal or transformation, 50% of the solid
waste through source reduction, recycling, and composting subject to
the element, except as specified.
This bill would delete the condition that the solid waste subject
to source reduction, recycling, and composting under these
provisions, be diverted from landfill disposal or transformation.
(4) The bill would make conforming changes.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44510 of the Health and Safety Code is amended
to read:
44510. "Revenues" means all rents, receipts, purchase payments
and all other income or receipts derived by the authority from the
sale, lease, or other disposition of pollution control facilities
, loan repayments under any loans made in connection with
financing pollution control facilities, and any income or
revenue derived from the investment of any money in any fund or
account of the authority.
SEC. 2. Section 44525 of the Health and Safety Code is amended to
read:
44525. (a) The authority
may charge reasonable application and project fees to reimburse the
authority for costs incurred in administering applications for
financing pursuant to this division and to support authority
programs, including, but not limited to, the Capital Access Loan
Program authorized by Article 8 (commencing with Section
44559 44559) , and loans,
grants and loans as authorized by subdivision
subdivisions (h) and (g) of Section
44526.
(b) This section shall become operative only if Assembly Bill 779
of the 1999-2000 Regular Session is enacted.
SEC. 3. Section 44525.5 of the Health and Safety Code, as added by
Chapter 914 of the Statutes of 2000, is repealed.
44525.5. (a) The authority may also charge reasonable application
and project fees to reimburse the authority for costs incurred in
administering applications for loans authorized by subdivision (g) of
Section 44526.
(b) This section shall become operative only if Senate Bill 1986
of the 1999-2000 Regular Session is enacted after Assembly Bill 779
of the 1999-2000 Regular Session and adds subdivision (g) to Section
44526.
SEC. 4. Section 44525.7 of the Health and Safety Code, as added by
Chapter 915 of the Statutes of 2000, is amended to read:
44525.7. (a) Commencing in
2002, and annually thereafter, the authority shall submit a report to
the Legislature regarding the loan program described in subdivision
(h) of Section 44526.
(b) This section shall become operative only if Assembly Bill 779
of the 1999-2000 Regular Session is enacted.
SEC. 5. Section 6206.5 of the Public Resources Code is amended to
read:
6206.5. The commission is hereby empowered to apply to the United
States Department of the Interior for patents to the numbered school
sections in place , which have not been patented by the
State, and to accept patents, in accordance with an act of
Congress approved June 21, 1934 (Public No. 440-73d Congress),
entitled "An Act Authorizing the Secretary of the Interior to issue
patents to the numbered school sections in place, granted to the
States by the act approved February 22, 1889, by the act approved
January 25, 1927 (44 Stat. 1026), and by any other act of Congress."
SEC. 6. Section 41780 of the Public Resources Code is amended to
read:
41780. (a) Each city or county
jurisdiction's source reduction and recycling element shall
include an implementation schedule that shows both of the following:
(1) For the initial element, the city or county
jurisdiction shall divert 25 percent of all solid waste
from landfill disposal or transformation by
January 1, 1995, through source reduction, recycling, and composting
activities.
(2) Except as provided in Sections 41783 , 41784, and
41785 and 41784 , for the first and each
subsequent revision of the element, the city or county
jurisdiction shall divert 50 percent of all
solid waste on and after January 1, 2000, through source reduction,
recycling, and composting activities.
(b) Nothing in this part prohibits a city or county
This section does not prohibit a jurisdiction
from implementing source reduction, recycling, and composting
activities designed to exceed these requirements of this
division .
SEC. 7. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the protection of the environment at the
earliest possible time, it is necessary that this act take effect
immediately.