California Legislature—2013–14 Regular Session

Assembly Bill No. 2658

Introduced by Assembly Member Bocanegra

February 21, 2014

An act to amend Sections 42872.5 and 42885.5 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

AB 2658, as introduced, Bocanegra. Recycling: waste tires: public works projects.

The California Tire Recycling Act imposes a California tire fee on a new tire purchased in the state. The revenue generated from the fee is deposited in the California Tire Recycling Management Fund for expenditure, upon appropriation by the Legislature, for the purposes of programs related to waste tires, including grants to local government agencies for public works projects that use waste tires. Existing law makes the grant program inoperative on June 30, 2015, and repeals the grant program on January 1, 2016. The act requires the Department of Resources Recycling and Recovery to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for waste tire programs.

This bill would delete the repeal of the grant program and would make conforming changes with regard to the department’s 5-year plan.

The bill would also require the department, when awarding grants under the grant program, to give priority to public works projects that use waste tires to create parklets in disadvantaged communities, as defined.

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 42872.5 of the Public Resources Code
is amended to read:

42872.5.  

(a)  begin delete The end delete begin insert (1) end insert begin insert   end insert begin insert In accordance with the conditions
specified in paragraph (2), the end insert grants awarded pursuant to Section
42872 may be made to cities, counties, and other local government
agencies for the funding of public works projects that use waste
tires, including, but not limited to, the use of rubberized asphalt
concrete and tire-derived aggregate.

begin insert

(2) The department shall give priority, when awarding grants
pursuant to this section, to public works projects that use waste
tires to create parklets in disadvantaged communities.

end insert

(b) The grants described in subdivision (a) shall be funded by
an appropriation in the annual Budget Act from the California Tire
Recycling Management Fund established pursuant to Section
42885.

(c) In order to provide outreach to local agencies regarding the
use of rubberized asphalt concrete in public works projects, both
of the following shall occur:

(1) The department shall create, annually update, and post on
its Internet Web site a database of public works projects that use
waste tires that were completed by local agencies receiving grants
for purposes of this section.

(2) The department shall provide technical support to local
agencies on the design and application for using waste tires in
public works projects.

begin delete

(d) This section shall become inoperative on June 30, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end delete begin insert

(d) For purposes of this section, the following terms have the
following meanings:

end insert begin insert

(1) “Disadvantaged community” means a community, as
determined by the department, with an annual median household
income that is less than 80 percent of the statewide median
household income.

end insert begin insert

(2) “Parklet” means a small urban park intended for people
and that provides amenities, including, but not limited to, seating,
tables, bike racks, and landscaping.

end insert

SEC. 2.  

Section 42885.5 of the Public Resources Code is
amended to read:

42885.5.  

(a) The department shall adopt a five-year plan, which
shall be updated every two years, to establish goals and priorities
for the waste tire program and each program element.

(b) On or before July 1, 2001, and every two years thereafter,
the department shall submit the adopted five-year plan to the
appropriate policy and fiscal committees of the Legislature. The
department shall include in the plan, programmatic and fiscal issues
including, but not limited to, the hierarchy used by the department
to maximize productive uses of waste and used tires, and the
performance objectives and measurement criteria used by the
department to evaluate the success of its waste and used tire
recycling program. Additionally, the plan shall describe each
program element’s effectiveness, based upon performance measures
developed by the department, including, but not limited to, the
following:

(1) Enforcement and regulations relating to the storage of waste
and used tires.

(2) Cleanup, abatement, or other remedial action related to waste
tire stockpiles throughout the state.

(3) Research directed at promoting and developing alternatives
to the landfill disposal of waste tires.

(4) Market development and new technology activities for used
tires and waste tires.

(5) The waste and used tire hauler program, the registration of,
and reporting by, tire brokers, and the manifest system.

(6) A description of the grants, loans, contracts, and other
expenditures proposed to be made by the department under the
tire recycling program.

(7)  begin delete Until June 30, 2015, the end delete begin insert The end insert grant program authorized under
Section 42872.5 to encourage the use of waste tires, including, but
not limited to, rubberized asphalt concrete technology, in public
works projects.

(8) Border region activities, conducted in coordination with the
California Environmental Protection Agency, including, but not
limited to, all of the following:

(A) Training programs to assist Mexican waste and used tire
haulers to meet the requirements for hauling those tires in
California.

(B) Environmental education training.

(C) Development of a waste tire abatement plan, with the
appropriate government entities of California and Mexico.

(D) Tracking both the legal and illegal waste and used tire flow
across the border and recommended revisions to the waste tire
policies of California and Mexico.

(E) Coordination with businesses operating in the border region
and with Mexico, with regard to applying the same environmental
and control requirements throughout the border region.

(F) Development of projects in Mexico in the California-Mexico
border region, as defined by the La Paz Agreement, that include,
but are not limited to, education, infrastructure, mitigation, cleanup,
prevention, reuse, and recycling projects, that address the
movement of used tires from California to Mexico that are
eventually disposed of in California.

(c) The department shall base the budget for the California Tire
Recycling Act and program funding on the plan.

(d) The plan may not propose financial or other support that
promotes, or provides for research for the incineration of tires.