Today's Law As Amended


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AB-939 Solid waste management, source reduction, recycling, composting, and market development.(1989-1990)



As Amends the Law Today


SECTION 1.

 Section 11553 of the Government Code is amended to read:

11553.
 (a)  Effective January July  1, 1988, 1984,  an annual salary of eighty-one thousand six hundred thirty-five dollars ($81,635) shall sixty-five thousand dollars ($65,000) will  be paid to each of the following:
(1) (a)   Chairperson of the Unemployment Insurance Appeals Board.  
(2) (b)   Chairperson of the Agricultural Labor Relations Board.  
(c)  President of the Public Utilities Commission.
(3) (d)   Chairperson of the Fair Political Practices Commission.  
(4) (e)   Chairperson of the Energy Resources Conservation and Development Commission.  
(5) (f)   Chairperson of the Public Employment Relations Board.  
(6) (g)   Chairperson of the Workers’ Compensation Appeals Board.  
(7) (h)   Administrative Director of the Division of Industrial Accidents.  
(8) (i)   Chairperson of the State Water Resources Control Board.  
(9) (j)   Chairperson of the Cannabis Control Appeals Panel.  Member of the California Integrated Waste Management and Recycling Board.  
(b) On  The   July 1, the  annual compensation provided by this section shall be increased in any fiscal year in which a general salary  cost-of-living  increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the  determined by multiplying the then current compensation by the  percentage of the general cost-of-living  salary increases provided for state employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is subject to Section 11565.5.
(d) This section shall be operative on July 1, 2019.

SEC. 3.

 Chapter 1 (commencing with Section 66700) of Title 7.3 of the Government Code is repealed.

SEC. 4.

 Chapter 2 (commencing with Section 66770) of Title 7.3 of the Government Code is repealed.

SEC. 5.

 Article 1 (commencing with Section 66795) of Chapter 3 of Title 7.3 of the Government Code is repealed.

SEC. 6.

 Article 2 (commencing with Section 66796.30) of Chapter 3 of Title 7.3 of the Government Code is repealed.

SEC. 7.

  Article 3 (commencing with Section 66796.45) of Chapter 3 of Title 7.3 of the Government Code is repealed.

SEC. 8.

 Article 4 (commencing with Section 66796.50) of Chapter 3 of Title 7.3 of the Government Code is repealed.

SEC. 9.

 Article 5 (commencing with Section 66796.55) of Chapter 3 of Title 7.3 of the Government Code is repealed.

SEC. 10.

 Article 6 (commencing with Section 66796.64) of Chapter 3 of Title 7. 3 of the Government Code is repealed.

SEC. 11.

 Article 7 (commencing with Section 66796.70) of Chapter 3 of Title 7. 3 of the Government Code is repealed.

SEC. 12.

 Article 8 (commencing with Section 66796.80) of Chapter 3 of Title 7. 3 of the Government Code is repealed.

SEC. 13.

 Article 9 (commencing with Section 66798) of Chapter 3 of Title 7.3 of the Government Code is repealed.

SEC. 14.

 Chapter 4 (commencing with Section 66799) of Title 7.3 of the Government Code is repealed.

SEC. 15.

 Chapter 1 (commencing with Section 4100) of Part 2 of Division 5 of the Health and Safety Code is repealed.

SEC. 16.

 Chapter 1.5 (commencing with Section 4170) of Part 2 of Division 5 of the Health and Safety Code is repealed.

SEC. 17.

 Chapter 2 (commencing with Section 4200) of Part 2 of Division 5 of the Health and Safety Code is repealed.

SEC. 18.

 Chapter 2.5 (commencing with Section 4250) of Part 2 of Division 5 of the Health and Safety Code is repealed.

SEC. 19.

 Chapter 2.6 (commencing with Section 4260) of Part 2 of Division 5 of the Health and Safety Code is repealed.

SEC. 20.

 Chapter 2.7 (commencing with Section 4270) of Part 2 of Division 5 of the Health and Safety Code is repealed.

SEC. 21.

 Chapter 3 (commencing with Section 4300) of Part 2 of Division 5 of the Health and Safety Code is repealed.

SEC. 23.

 Section 45002 of the Revenue and Taxation Code is amended to read:

45002.
 The collection and administration of the fee imposed pursuant  referred  to Section 48000 of the Public Resources Code  in Section 45051  shall be governed by the definitions contained in Chapter 2 Part 6  (commencing with Section 40100) of Part 1 of  46000) of  Division 30 of the Public Resources Code, unless expressly superseded by the definitions contained in this part.

SEC. 24.

 Section 45009 of the Revenue and Taxation Code is amended to read:

45009.
 “Fee payer” means any person who is  liable for the  payment of the a  fee imposed pursuant to  by  Section 48000 46801  of the Public Resources Code.

SEC. 25.

 Section 45051 of the Revenue and Taxation Code is amended to read:

45051.
 The fee imposed pursuant to Section 48000 46801  of the Public Resources Code shall be administered and collected by the board in accordance with this part.  

SEC. 26.

 Section 45101 of the Revenue and Taxation Code is amended to read:

45101.
 Every person who operates a solid waste landfill required to have a solid waste facilities permit pursuant to Chapter 3 (commencing with Section 44001) of Part 4 of  Section 46801 of  the Public Resources Code shall register with the board.

SEC. 27.

 Section 45151 of the Revenue and Taxation Code is amended to read:

45151.
 (a)  The fee imposed pursuant to Section 48000 of the Public Resources Code  collected and administered under Section 45051  is due and payable to the board quarterly annually  on or before the 25th day of the calendar month following the quarterly period for which the fee is due. Each feepayer  July 1 of each year. Each fee payer, on or before March 1 of each year,  shall prepare a return  report for the preceding calendar year,  in the form as  prescribed by the board, which may include, but not be limited to, electronic media, showing the total amount of solid waste subject to the fee, the amount of fee for the period covered by the return,  showing the information required to be reported by Section 46801 of the Public Resources Code  and any other information that the board determines to be necessary. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. deems necessary to carry out this part. 
(b)  The feepayer  fee payer  shall deliver the return, together with a remittance of the amount of fee due,  report  to the office of the board on or before the 25th day of the calendar month following the quarterly period for which the fee is due. March 1 of each year. The fee payer shall deliver a remittance of the amount of tax assessed pursuant to Section 46801 of the Public Resources Code to the office of the board on or before the following July 1. 

SEC. 28.

 Section 45855 of the Revenue and Taxation Code is amended to read:

45855.
 Any information regarding solid wastes which is available to the board shall be made available to the Department of Resources Recycling and Recovery. California Integrated Waste Management Board. 

SEC. 29.

 Section 45901 of the Revenue and Taxation Code is amended to read:

45901.
 All fees, interest, and penalties imposed and all amounts of fee required to be paid to the state pursuant to Section 45051 shall be paid to the board in the form of remittances payable to the State Board of Equalization of the State of California. The board shall transmit the payments in the following manner: to the Treasurer to be deposited in the Solid Waste Disposal Site Cleanup and Maintenance Account in the Solid Waste Management Fund. 
(a) The payments from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 of the Public Resources Code and related interest and penalties shall be transmitted to the Treasurer for deposit in the Integrated Waste Management Account in the Integrated Waste Management Fund.
(b) The payments from the fees paid pursuant to paragraph (2) of subdivision (b) of Section 48000 of the Public Resources Code and related interest and penalties shall be transmitted to the State Solid Waste Postclosure and Corrective Action Trust Fund.

SEC. 30.

 Section 45981 of the Revenue and Taxation Code is amended to read:

45981.
 (a)   The board shall provide any information obtained under this part to the Department of Resources Recycling and Recovery. California Integrated Waste Management Board.  
(b)   The Department of Resources Recycling and Recovery and  California Integrated Waste Management Board and  the board may utilize any information obtained pursuant to this part to develop data on the generation or disposal of solid waste within the state. Notwithstanding any other provision of this chapter, the Department of Resources Recycling and Recovery  California Integrated Waste Management Board  may make waste generation and disposal data available to the public.  

SEC. 31.

 Section 45982 of the Revenue and Taxation Code is amended to read:

45982.
 Neither the Department of Resources Recycling and Recovery,  California Integrated Waste Management Board,  nor any person having an administrative duty under Part 9 (commencing with Section 15600) of Division 3 of Title 2 of the Government Code shall disclose the business affairs, operations, or any other proprietary  information pertaining to a fee payer, except a fee payer which is a public agency, which  payer which  was submitted to the board in a report or return required by this part, or permit any report or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person not expressly authorized by Section 45981 or this section. However, the Governor may, by general or special order, authorize examination of the records maintained by the board under this part by other state officers, by officers of another state, by the federal government if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the Governor shall not be made public except to the extent and in the manner that the order may authorize that it be made public.  
SEC. 32.
 (a)  The Legislature finds and declares by this act that it has expressly repealed and not recodified Articles 1 (commencing with Section 66700), 3 (commencing with Section 66730), 4 (commencing with Section 66740), and 5 (commencing with Section 66750) of Chapter 1, Articles 2 (commencing with Section 66780), 3 (commencing with Section 66785), and 3.5 (commencing with Section 66788) of Chapter 2, and Article 3 (commencing with Section 66796.45) of Chapter 3 of Title 7.3 of the Government Code.
(b)  Except as expressly provided in subdivision (a), the Legislature declares that the recodification of the balance of Title 7.3 (commencing with Section 66700) of the Government Code by this act is a continuation of, and not a change to, existing law.
(c)  The Legislature declares that by this act it has recodified all of Chapters 1 (commencing with Section 4100) to 3 (commencing with Section 4300), inclusive, of Part 2 (commencing with Section 4100) of Division 5 of the Health and Safety Code and that all provisions are a continuation of, and not a change to, existing law. In the event of any conflict or inconsistency between the provisions of Parts 1 (commencing with Section 40000) to Part 7 (commencing with Section 47000), inclusive, and Part 8 (commencing with Section 48000) of Division 30, as enacted by this act, the provisions of Parts 1 to 7, inclusive, shall prevail.
(d)  On the effective date of this section, the California Integrated Waste Management Board shall strictly implement and enforce the provisions of this act. All articles expressly repealed by this act shall, on the effective date of this section, have no force or effect.

SEC. 33.

 Any section of any act enacted by the Legislature during the 1989 calendar year which takes effect on or before January 1, 1990, and which amends, amends and renumbers, adds, or repeals and adds a section which is repealed by Sections 3 to 21, inclusive, of this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, this act.

SEC. 34.
 (a)  Notwithstanding any other provision of this act, until a sufficient number of members are appointed to the California Integrated Waste Management Board pursuant to Chapter 3, (commencing with Section 40400) of Part 1, of Division 30 of the Public Resources Code and take office to transact the business of the board, as described in Section 40410 of the Public Resources Code, the former California Waste Management Board shall perform the duties of the California Integrated Waste Management Board, as prescribed in this act.
(b)  Except as provided in Section 40434 of the Public Resources Code, the California Integrated Waste Management Board succeeds to and is vested with all of the powers, duties, funds, officers, and employees of the California Waste Management Board.
SEC. 35.
 It is the intent of the Legislature that, if this bill and SB 1260 are both enacted and become effective January 1, 1990, and this bill is enacted after SB 1260, that the provisions of Division 30 (commencing with Section 40000), as added to the Public Resources Code by this bill, and Division 30 (commencing with Section 40100), as added to the Public Resources Code by SB 1260, form a single, unified California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40400) of the Public Resources Code).
Therefore, if both this bill and SB 1260 are enacted and this bill is enacted last, this bill does not prevail over SB 1260 and the provisions of both bills shall become operative in a single, unified Division 30 (commencing with Section 40000) of the Public Resources Code.
SEC. 36.
 The California Integrated Waste Management Recycling Board may use not more than six hundred thousand dollars ($600,000) in the 1989–90 fiscal year and not more than one million two hundred thousand dollars ($1,200,000) in the 1990–91 fiscal year from the Solid Waste Disposal Site Cleanup and Maintenance Account in the General Fund, if those respective amounts are appropriated in the Budget Act for those fiscal years from the Solid Waste Disposal Site Cleanup and Maintenance Account in the General Fund, for initial startup costs incurred pursuant to Chapter 3 (commencing with Section 40400) and Chapter 4 (commencing with Section 40500) of Part 1 of Division 30 of the Public Resources Code. Any funds made available from the Solid Waste Disposal Site Cleanup and Maintenance Account for the purposes specified in this section shall be a loan, which shall be repaid to the account, with interest calculated at the rate the funds would have earned in the Pooled Money Investment Account as fee revenue becomes available.
SEC. 37.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.