Bill Text: CA AB525 | 2011-2012 | Regular Session | Chaptered
Bill Title: Solid waste: tire recycling: architectural paint
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 573, Statutes of 2011. [AB525 Detail]
Download: California-2011-AB525-Chaptered.html
BILL NUMBER: AB 525 CHAPTERED
BILL TEXT
CHAPTER 573
FILED WITH SECRETARY OF STATE OCTOBER 8, 2011
APPROVED BY GOVERNOR OCTOBER 8, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE SEPTEMBER 1, 2011
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Gordon
FEBRUARY 15, 2011
An act to amend Section 42885.5 of, to add Section 48704.1 to, and
to add and repeal Section 42872.5 of, the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 525, Gordon. Solid waste: tire recycling: architectural paint
recovery program.
(1) 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 entities involved in activities that result in reduced landfill
disposal of used whole tires. 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 require the department to provide outreach to
local agencies regarding a program it may establish under existing
law to award grants to cities, counties, and other local government
agencies for the funding of public works projects that use waste
tires. The bill would make the public works waste tire grant program
inoperative on June 30, 2015, and would repeal the provision
authorizing this program on January 1, 2016. The bill would also make
conforming changes with regard to the department's 5-year plan.
(2) Existing law creates an architectural paint recovery program
that is enforced by the Department of Resources Recycling and
Recovery. On or before April 1, 2012, a manufacturer or designated
stewardship organization is required to submit to the department an
architectural paint stewardship plan to develop and implement a
recovery program to reduce the generation of postconsumer paint,
promote the reuse of postconsumer architectural paint, and manage the
end-of-life of postconsumer architectural paint, in an
environmentally sound fashion, including collection, transportation,
processing, and disposal. The plan is required to contain specified
elements of an architectural paint stewardship program, including,
but not limited to, an architectural paint stewardship assessment,
approved by the department, on each container of architectural paint
sold in this state.
Existing law prohibits a manufacturer or retailer from selling or
offering for sale architectural paint to any person in this state,
unless the manufacturer is listed on the department's Internet Web
site as being in compliance with the program. Existing law authorizes
the department to administratively impose civil penalties for
violations of the act. Existing law requires a stewardship
organization to pay the department annual administrative fees in the
amount that is sufficient to cover the department's full costs of
administering and enforcing the program.
This bill would establish the Architectural Paint Stewardship
Account in the Integrated Waste Management Fund, would require the
fees to be deposited in this account, and would require the
department to expend those fees, upon appropriation by the
Legislature, to cover the department's costs to implement the
program. The bill would also establish the Architectural Paint
Stewardship Penalty Subaccount in the Integrated Waste Management
Fund, would require the penalties collected to be deposited in that
subaccount, and would authorize the department to expend those funds,
upon appropriation by the Legislature, to cover the department's
costs to implement the program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42872.5 is added to the Public Resources Code,
to read:
42872.5. (a) 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.
(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.
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 and 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 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.
SEC. 3. Section 48704.1 is added to the Public Resources Code, to
read:
48704.1. (a) The Architectural Paint Stewardship Account and the
Architectural Paint Stewardship Penalty Subaccount are hereby
established in the Integrated Waste Management Fund created pursuant
to Section 40135.
(b) All fees collected by the department pursuant to this chapter
shall be deposited in the Architectural Paint Stewardship Account and
may be expended by the department, upon appropriation by the
Legislature, to cover the department's costs to implement this
chapter.
(c) All civil penalties collected pursuant to this chapter shall
be deposited in the Architectural Paint Stewardship Penalty
Subaccount and may be expended by the department, upon appropriation
by the Legislature, to cover the department's costs to implement this
chapter.
