AB 1239 — Tire recycling: California tire regulatory fee and waste tire program.

Summary

(1) The California Tire Recycling Act requires, until January 1, 2024, a person who purchases a new tire to pay a California tire fee of $1.75 per tire, for deposit in the California Tire Recycling Management Fund, for expenditure by the Department of Resources Recycling and Recovery upon appropriation by the Legislature, to fund the waste tire program and for other purposes, including to pay for the costs associated with a waste tire and used tire hauler program and manifest system, as provided. After January 1, 2024, existing law reduces the tire fee to $0.75 per tire. Existing law requires any person generating waste tires or used tires that are transported or submitted for transportation, for offsite handling, altering, storage, disposal, or for any combination thereof, to complete a California Uniform Waste and Used Tire Manifest, as required by the department. Existing law requires a generator to provide the manifest to the waste and used tire hauler at the time of transfer of the tires, and to submit to the department, on a quarterly schedule, a legible copy of each manifest. This bill would require, until January 1, 2024, upon a specified finding by the department, a waste tire generator that is a retail seller of new tires to end user purchasers to pay a California tire regulatory fee and to remit that fee to the state on a quarterly schedule for deposit in the California Tire Recycling Management Fund. The bill would require the department to track revenue from the California tire regulatory fee separately and would prohibit those funds from being used for activities other than those specified. The bill would require the department to identify the specific programs that the California tire regulatory fee would fund. The bill would require the department to establish the California tire regulatory fee in an amount that does not exceed $1 per new tire sold, and would require the department to base the amount of the fee on specified criteria, as provided. The bill would authorize the department to differentiate in setting the fees between the waste tire generators who are retail sellers depending upon the nature of the activity generating waste tires, the number of waste tires generated, and other appropriate bases. The bill would require the department, prior to establishing the California tire regulatory fee or making any adjustment to the fee, to hold a public hearing, as specified. The bill would provide that an adjustment to the fee becomes effective on January 1 of the year following its adoption. The bill would require the department to adopt regulations to implement the initial California tire regulatory fee, and would authorize the department to adopt regulations to adjust the California tire regulatory fee, as specified. (2) Existing law prohibits the California tire fee from being imposed on a tire sold with, or sold separately for use on, a self-propelled wheelchair, a motorized tricycle or motorized quadricycle, or a vehicle that is similar to a motorized tricycle or motorized quadricycle, as specified. This bill would prohibit the California tire regulatory fee from being imposed on those same vehicles. (3) Existing law establishes, as a part of the waste tire program, the tire recycling program, which promotes and develops alternatives to the landfill disposal of used whole tires. The program provides for grants to certain entities involved in activities that result in reduced landfill disposal of whole used tires, and development and implementation of a waste tire incentive payment program to promote increased demand for waste tires recycled in this state. Under the act, until June 30, 2019, the Rubberized Pavement Market Development Act provides for the award of grants to certain public agency projects that use rubberized asphalt concrete. This bill would repeal the Rubberized Pavement Market Development Act and instead enact the Tire Recycling Incentive Program Act. The bill would require the department, in accordance with specified law, to establish this incentive program to make payments to entities that purchase waste tire material for incorporation in a product for sale to end users, as specified. The bill would require the department, on or before July 1, 2018, to hold a public workshop to develop a plan for the tire recycling incentive payment program, as specified, and would require the department to evaluate the program in a public forum and propose changes accordingly. The bill would make an entity eligible to receive an incentive payment upon demonstrating to the department that the entity purchased California-generated waste tire material processed in California and sold an incentive-eligible tire product incorporating that material to an end user. (4) Existing law declares the intent of the Legislature to reduce the landfill disposal and stockpiling of used whole tires by 25% within four years of full implementation of a statewide tire recycling program and to recycle and reclaim used tires and used tire components to the greatest extent possible in order to recover valuable natural resources. This bill would declare that it is the policy goal of the state that not less than 75% of solid waste tires generated be source reduced or recycled in the state by the year 2020. The bill would require the department, if that policy goal is met for 3 consecutive years, to review existing tire recycling programs and make recommendations, as specified. (5) Existing law requires a person generating waste or used tires that are transported or submitted for transportation to submit a California Uniform Waste and Used Tire Manifest, as defined, to the waste and used tire hauler and to submit copies of the manifest to the department. A waste and used tire hauler is required to possess that manifest while transporting waste or used tires, and the operator of a waste or used tire facility is required to submit a copy of the manifest to the department and the generator. Existing law requires the department to develop and implement a system for auditing manifests, including continuously conducting random sampling and matching of manifests. This bill would revise those provisions to, among other things, require a waste and used tire hauler, on and after January 1, 2018, to submit an electronic manifest, instead of a paper manifest, to the department within 7 days of the date of the pickup or delivery for each load of waste or used tires transported.

Bill Text

• Amended 08/16/16 - Amended Senate Current pdf August 16, 2016
• Amended 08/01/16 - Amended Senate pdf August 01, 2016
• Amended 06/23/16 - Amended Senate pdf June 23, 2016
• Amended 06/15/16 - Amended Senate pdf June 15, 2016
• Amended 06/02/16 - Amended Senate pdf June 02, 2016
• Amended 05/05/15 - Amended Assembly pdf May 05, 2015
• Amended 04/21/15 - Amended Assembly pdf April 21, 2015
• Introduced 02/27/15 - Introduced pdf February 27, 2015
• AB1239 View text html

Action History

1. August 31, 2016

   Assembly refused to concur in Senate amendments. (Ayes 34. Noes 34. Page 6599.)

2. August 31, 2016

   Assembly Rule 63 suspended. (Page 6544.)

3. August 31, 2016

   From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 2.) (August 30).

4. August 29, 2016

   Joint Rule 62(a), file notice suspended. (Page 6401.)

5. August 24, 2016

   Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

6. August 23, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

7. August 22, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 5247.).

8. August 16, 2016

   Read second time and amended. Ordered to third reading.

9. August 15, 2016

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

10. August 08, 2016

    Referred to APPR. suspense file.

11. August 01, 2016

    Read second time and amended. Re-referred to Com. on APPR.

12. June 30, 2016

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 29).

13. June 23, 2016

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

14. June 15, 2016

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

15. June 06, 2016

    In committee: Hearing postponed by committee.

16. June 02, 2016

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

17. June 11, 2015

    Referred to Com. on E.Q.

18. June 02, 2015

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

19. June 02, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 29. Page 1787.)

20. June 01, 2015

    Read second time. Ordered to third reading.

21. May 28, 2015

    From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

22. May 28, 2015

    Joint Rule 62(a), file notice suspended. (Page 1613.)

23. May 27, 2015

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

24. May 06, 2015

    Re-referred to Com. on APPR.

25. May 05, 2015

    Read second time and amended.

26. May 04, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 27).

27. April 22, 2015

    Re-referred to Com. on NAT. RES.

28. April 21, 2015

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

29. March 23, 2015

    Referred to Com. on NAT. RES.

30. March 02, 2015

    Read first time.

31. March 01, 2015

    From printer. May be heard in committee March 31.

32. February 27, 2015

    Introduced. To print.

Sponsors

• Atkins · Cosponsor
• Gordon · Primary

Votes

Subjects