California 2009-2010 Regular Session Status: Passed Senate

SB 231 — Hazardous waste: generator fees.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires a generator of hazardous waste to pay the State Board of Equalization a generator fee for each generator site for each calendar year, unless the generator has paid a facility fee or received a specified credit for each specific site for that calendar year. The generator fee is determined pursuant to a base fee rate multiplied in a specified manner determined by the amount of waste generated during the prior calendar year. Existing law sets the base fee rate at $2,748 for the 1997 calendar year and requires the board to adjust the base fee rate annually to reflect changes in the cost of living. The generator fee is required to be deposited in the Hazardous Waste Control Account. A violation of hazardous waste control laws is a crime. This bill instead would specify that the base fee rate is $3,949 for the 2010 calendar year. The bill would authorize the Department of Toxic Substances Control to adjust the base fee rate annually to reflect increases or decreases in the cost of implementing programs supported by the account, rather than require the board to adjust the base fee rate to reflect changes in the cost of living. The bill would prohibit an increase from exceeding more than 5% from one calendar year to another and would prohibit an increase in any calendar year in which there is an account reserve balance greater than 13 of the annual revenue generated by the generator fee or in which there is an outstanding loan from the account to the General Fund.

Bill Text

Action History

  1. From Assembly without further action.

  2. Placed on inactive file on request of Assembly Member Charles Calderon.

  3. Read second time. To third reading.

  4. (Heard in committee on August 12.)

  5. From committee: Do pass. (Ayes 12. Noes 5.)

  6. Set, first hearing. Referred to APPR. suspense file.

  7. (Heard in committee on June 29.)

  8. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 3.) Re-referred to Com. on APPR.

  9. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E.S. & T.M.

  10. Hearing postponed by committee.

  11. Set, first hearing. Hearing canceled at the request of author.

  12. To Com. on E.S. & T.M.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 22. Noes 17. Page 1005.) To Assembly.

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 7. Noes 3. Page 848.)

  17. Set for hearing May 11.

  18. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 5. Noes 2. Page 678.) Re-referred to Com. on APPR.

  19. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on EQ.

  20. Set for hearing April 27.

  21. To Com. on EQ.

  22. From print. May be acted upon on or after March 26.

  23. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
Conway — Nay
Fuentes — Yea
Gatto — Yea
De — Yea
Leon — Yea
Huffman — Yea
Bradford — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Harkey — Nay
Norby — Nay
Coto — Yea
Davis — Yea

Official roll call →

Senate 3rd Reading SB231 Lowenthal

Passed 22 Yea · 18 Nay
Party YeaNayPresentNot Voting
Unaffiliated 191700
Democratic 3000
Republican 0100
Total 221800
% of votes cast 55%45%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Leno — Yea
Liu — Yea
Ducheny — Yea
Negrete — Nay
Runner — Nay
Harman — Nay
Huff — Nay
Cogdill — Nay
Maldonado — Nay
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Ashburn — Nay
Benoit — Nay
Correa — Nay
Dutton — Nay
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Kehoe — Yea
McLeod — Nay
Oropeza — Yea
Pavley — Yea
Wiggins — Yea
Wyland — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7303
Total 7303
% of votes cast 54%23%0%23%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Runner — Not Voting
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Wolk — Yea
Walters — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay

Official roll call →

Subjects

taxation environment
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Frequently asked questions

What does SB 231 do?
Existing law requires a generator of hazardous waste to pay the State Board of Equalization a generator fee for each generator site for each calendar year, unless the generator has paid a facility fee or received a specified credit for each specific site for that calendar year. The generator fee is determined pursuant to a base fee rate multiplied in a specified manner determined by the amount of waste generated during the prior calendar year. Existing law sets the base fee rate at $2,748 for the 1997 calendar year and requires the board to adjust the base fee rate annually to reflect changes in the cost of living. The generator fee is required to be deposited in the Hazardous Waste Control Account. A violation of hazardous waste control laws is a crime. This bill instead would specify that the base fee rate is $3,949 for the 2010 calendar year. The bill would authorize the Department of Toxic Substances Control to adjust the base fee rate annually to reflect increases or decreases in the cost of implementing programs supported by the account, rather than require the board to adjust the base fee rate to reflect changes in the cost of living. The bill would prohibit an increase from exceeding more than 5% from one calendar year to another and would prohibit an increase in any calendar year in which there is an account reserve balance greater than 13 of the annual revenue generated by the generator fee or in which there is an outstanding loan from the account to the General Fund.
Who sponsors SB 231?
SB 231 is sponsored by Bonnie Lowenthal.
What is the current status of SB 231?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 231?
Track SB 231 free on One Click Politics — get push/email alerts when it moves.

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