Bill Text: CA AB2658 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Recycling: waste tires: public works projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-26 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB2658 Detail]

Download: California-2013-AB2658-Introduced.html

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BILL NUMBER: AB 2658	INTRODUCED
	BILL TEXT


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)  The   (1)   
 In accordance with the conditions specified in paragraph (2),
the  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. 
   (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. 
   (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. 
   (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.
 
   (d) For purposes of this section, the following terms have the
following meanings:  
   (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.  
   (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. 
  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)  Until June 30, 2015, the   The 
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.