California 2009-2010 Regular Session Status: Enacted

AB 274 — Solid waste: landfills: closure plans.

Last action — Chaptered by Secretary of State - Chapter 318, Statutes of 2009.

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

This bill has been enacted into law. Introduced February 12, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires an operator of a solid waste disposal facility to pay a quarterly fee to the State Board of Equalization (state board) based on the amount of solid waste disposed of at each disposal site. Commencing with the 1995–96 fiscal year, the act requires the California Integrated Waste Management Board (board) to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. The fees are required to be deposited in the Integrated Waste Management Account in the Integrated Waste Management Fund, and the board is authorized to expend the money in the account, upon appropriation by the Legislature, to administer and implement the act. This bill, on and after January 1, 2012, would authorize an operator of a solid waste disposal facility that is required to meet financial assurance requirements and is in operation on July 1, 2011, to elect to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund created by this bill. The bill would require that a participating operator pay a fee of $0.12 per ton per disposal site. The bill would require the fee to be collected in the same manner as the solid waste disposal fee described above, and require the board to fulfill certain administrative reporting requirements to the state board. The bill would also require that the fee be deposited in the fund and made available to the board for expenditure, upon appropriation by the Legislature, for postclosure activities and corrective actions not performed by any owner or operator of a solid waste landfill when the owner or operator fails to comply with the board's final order, the financial assurance mechanisms are inadequate to fund necessary compliance activities, the solid waste landfill was operating pursuant to a valid solid waste facilities permit on or after January 1, 1988, and the board has first used and exhausted all immediately available financial assurance mechanisms provided by the operator. The bill would require that the fee not be operative on and after January 1, 2012, unless the board received, on or before July 1, 2011, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill operators representing at least 50% of the total annual waste disposal tonnage in 2010, as determined by the board. The bill would make conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 318, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 55. Noes 23. Page 3288.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 26. Noes 12. Page 2338.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 8. Noes 5.) (August 27).

  11. In committee: Placed on Appropriations suspense file.

  12. Read second time, amended, and re-referred to Com. on APPR.

  13. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 6).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  15. Referred to Com. on EQ.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1835.)

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

  21. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (April 13).

  22. Referred to Com. on NAT. RES.

  23. From printer. May be heard in committee March 15.

  24. Read first time. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Portantino

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

AB 274 Portantino Concurrence in Senate Amendments

Passed 67 Yea · 23 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 632201
Democratic 3000
Republican 1101
Total 672302
% of votes cast 73%25%0%2%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Beall — Yea
Block — Yea
Evans — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Chesbro — Yea
Conway — Nay
Coto — Yea
Fuller — Nay
Furutani — Yea
Garrick — Nay
Fletcher — Nay
Gilmore — Nay
Duvall — Not Voting
Anderson — Nay
Bass — Yea
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Blakeslee — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Miller — Nay
Nestande — Yea
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
Cook — Yea
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB274 Portantino By Simitian

Passed 27 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241202
Democratic 2000
Republican 1000
Total 271202
% of votes cast 66%29%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Nay
Florez — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
Alquist — Yea
Ashburn — Nay
Ducheny — Yea
McLeod — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Huff — Nay
Dutton — Nay
Walters — Nay
Wright — Not Voting
Aanestad — Nay
Benoit — Nay
Hollingsworth — Nay
Kehoe — Yea
Leno — Yea
Maldonado — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Wyland — Not Voting
Cogdill — Nay
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8500
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Corbett — Yea
Runner — Nay
Cox — Nay
Denham — Nay
Hancock — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Nay
Wolk — Yea
Kehoe — Yea
Wyland — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Runner — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Oropeza — Yea
Wyland — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 274 PORTANTINO Assembly Third Reading

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 85001
Democratic 3000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huffman — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Logue — Yea
Bass — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Davis — Yea
Charles — Yea
Hall — Yea
De — Yea
Leon — Yea
Harkey — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Krekorian — Yea
Price — Yea
Skinner — Yea
Ammiano — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 274 do?
Existing law requires an operator of a solid waste disposal facility to pay a quarterly fee to the State Board of Equalization (state board) based on the amount of solid waste disposed of at each disposal site. Commencing with the 1995–96 fiscal year, the act requires the California Integrated Waste Management Board (board) to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. The fees are required to be deposited in the Integrated Waste Management Account in the Integrated Waste Management Fund, and the board is authorized to expend the money in the account, upon appropriation by the Legislature, to administer and implement the act. This bill, on and after January 1, 2012, would authorize an operator of a solid waste disposal facility that is required to meet financial assurance requirements and is in operation on July 1, 2011, to elect to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund created by this bill. The bill would require that a participating operator pay a fee of $0.12 per ton per disposal site. The bill would require the fee to be collected in the same manner as the solid waste disposal fee described above, and require the board to fulfill certain administrative reporting requirements to the state board. The bill would also require that the fee be deposited in the fund and made available to the board for expenditure, upon appropriation by the Legislature, for postclosure activities and corrective actions not performed by any owner or operator of a solid waste landfill when the owner or operator fails to comply with the board's final order, the financial assurance mechanisms are inadequate to fund necessary compliance activities, the solid waste landfill was operating pursuant to a valid solid waste facilities permit on or after January 1, 1988, and the board has first used and exhausted all immediately available financial assurance mechanisms provided by the operator. The bill would require that the fee not be operative on and after January 1, 2012, unless the board received, on or before July 1, 2011, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill operators representing at least 50% of the total annual waste disposal tonnage in 2010, as determined by the board. The bill would make conforming changes.
Who sponsors AB 274?
AB 274 is sponsored by Portantino.
What is the current status of AB 274?
This bill has been enacted into law. Introduced February 12, 2009. Enacted.
Where can I track AB 274?
Track AB 274 free on One Click Politics — get push/email alerts when it moves.

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