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SB-649 Environmental quality: solid waste management: mercury added novelties: used and waste tires.(2001-2002)

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Senate Bill No. 649
CHAPTER 625

An act to amend Section 71.4 of the Harbors and Navigation Code, to amend Sections 15025, 21090, 21158.6, 41780, 41821.2, 42175.1, 42806.5, 42808, 42835, 42885, 42885.5, 42889, 42889.3, 42950, 42951, and 42954 of, to add Sections 42847.5 and 48023.5 to, to amend, renumber, and add Section 41820.5 of, and to repeal Section 42814 of, the Public Resources Code, and to amend Section 31560 of the Vehicle Code, relating to environmental quality, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 17, 2002. Approved by Governor  September 17, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 649, Committee on Environmental Quality. Environmental quality: solid waste management: mercury added novelties: used and waste tires.
(1) Existing law authorizes the Department of Boating and Waterways to make loans to cities, counties, and districts for the planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection with those harbors, and connecting waterways. Existing law requires the department to establish, by rules and regulations, policies and standards to be followed in making these loans, and authorizes these rules and regulations to include policies and standards for restrooms, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials.
This bill would, instead, require the rules and regulations established by the department under this provision to include policies and standards for restrooms, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials.
(2) Existing law defines a “mercury-added novelty” as a mercury-added product intended mainly for personal or household enjoyment or adornment.
This bill would exclude from that definition a product that contains no mercury other than in a mercury-added button cell battery.
(3) The existing California Environmental Quality Act requires that all public and private activities or undertakings pursuant to, or in furtherance of, a redevelopment plan be deemed to be a single project.
This bill would specify that an environmental impact report for a redevelopment plan may be a master environmental impact report, a program environmental impact report, or a project environmental impact report. The bill would require the environmental impact report for a redevelopment plan to specify the type of environmental impact report to be prepared for that plan.
(4)  The existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, establishes an integrated waste management program. Under existing law, the act requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. The first and each subsequent revision of the element is required to divert 50% of the solid waste subject to the element, on and after January 1, 2000, except as specified.
This bill would revise the requirements for the granting of a time extension from these diversion requirements applicable to cities incorporated after January 1, 1990, and before January 1, 2001, and applicable to cities incorporated on or after January 1, 2001. The bill would make related and conforming changes.
(5)  Existing law requires a community service district or sanitary district that provides solid waste handling services or implements source reduction and recycling programs to comply with the source reduction and recycling element and household hazardous waste element of the jurisdiction in which the district is located, and to provide the city, county, or regional agency in which it is located information on the programs implemented by the district and the amount of waste disposed and diverted within the district. A district is authorized to impose a fee, in a specified manner, for the costs of complying with these requirements.
This bill would additionally include a public utility district that provides these services or implements these programs within those requirements. The bill would impose a state-mandated local program by imposing new duties upon local agencies.
(6)  Existing laws relating to the storage and disposal of used and waste tires and the transportation of waste tires define “used tire” to mean a tire meeting specified requirements, including a requirement of being stored by size in a rack or a stack, but not in a pile.
This bill would amend this requirement to specify that, for purposes of the storage and disposal of used tires, the used tire is ready for resale, stored by size in a rack or a stack not more than 2 rows wide, and stored in accordance with local fire and vector control requirements and with state minimum standards, but for purposes of the transportation of used tires, the bill would delete the storage requirement.
(7)  Existing law relating to the storage and disposal of used and waste tires exempts from the definition of “minor waste tire facility” a tire dealer or an automobile dismantler, as defined, who stores used or waste tires on the dealer’s or dismantler’s premises for less than 90 days under prescribed conditions.
This bill would delete a tire dealer or automobile dismantler who stores used tires from this exemption from the definition of “minor waste tire facility.”
(8) Existing law authorizes the California Integrated Waste Management Board to refuse to issue or renew or to suspend or revoke a waste tire facility permit under certain conditions. Any person who stores, stockpiles, or accumulates waste tires at a location for which a waste tire facility permit is required, or in violation of the terms and conditions of the permit, existing law, or the regulations adopted under existing law, is required, upon order of the board, to clean up those waste tires or abate the effects thereof, or, in the case of threatened pollution or nuisance, take other necessary remedial action. The board is authorized, individually or in cooperation with any other governmental agency, to expend available moneys to perform any cleanup, abatement, or remedial work required under these circumstances if that action is required by the magnitude of endeavor or the need for prompt action to prevent substantial pollution, nuisance, or injury to the public health or safety. A governmental agency that cooperates with the board in the cleanup, abatement, or remedial work is authorized to recover its costs in a civil action.
This bill would provide that any costs or damages incurred under these provisions by the board constitute a lien upon the real property owned by any responsible party that is subject to the remedial action. The bill would prohibit the board from being considered a responsible party for a remediated site merely because a lien is imposed under this provision. The bill would require all funds recovered under this provision on behalf of the board’s waste tire stabilization and abatement program to be deposited in the California Tire Recycling Management Fund, which contains money that is available, upon appropriation, for expenditure for specified purposes.
(9) Existing law requires the board to initiate a program for the cleanup of solid waste disposal sites and for the cleanup of solid waste at codisposal sites, as defined, where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. The board is required, to the extent possible, to seek repayment from responsible parties for its expenses incurred under the cleanup program, in an amount equal to the amount expended, a reasonable amount for the board’s cost of contract administration, and an amount equal to the interest that would have been earned on the expended funds. The amount of any cost incurred by the board under these provisions are recoverable from responsible parties in a civil action brought by the board or, upon the request of the board, by the Attorney General.
This bill would provide that, in addition to the remedies in existing law described above, any costs or damages incurred under these provisions by the board constitute a lien upon the real property owned by any responsible party that is subject to the remedial action. The bill would prohibit the board from being considered a responsible party for a remediated site merely because a lien is imposed under this provision. The bill would require all funds recovered under this provision on behalf of the solid waste disposal and codisposal site cleanup program to be deposited in the Solid Waste Disposal Site Cleanup Trust Fund, which is a continuously appropriated fund in the State Treasury. The bill thereby would make an appropriation by increasing the amount of funds available for appropriation in a continuously appropriated fund.
(10) Existing law imposes a California tire fee in a specified amount on every person who purchases a new tire.
This bill would exempt from the California tire fee any tire sold with, or sold separately for use on, any self-propelled wheelchair, any motorized tricycle or motorized quadricycle, as defined, and any vehicle that is similar to a motorized tricycle or motorized quadricycle and is designed to be operated by a person who, by reason of the person’s physical disability, is otherwise unable to move about as a pedestrian.
(11) Existing law requires the board to adopt a 5-year plan, to be updated every 2 years, to establish goals and priorities for the waste tire program and each program element. Existing law requires the 5-year plan to describe the effectiveness of each program element, including, among other things, a description of the effectiveness of cleanup, abatement, or other remedial action related to tire stockpiles throughout the state, and a description of the research directed at promoting and developing alternatives to the landfill disposal of tires.
This bill would specify that these descriptions relate to waste tires.
(12) Under existing law, the money in the California Tire Recycling Management Fund is authorized to be expended by the board, upon appropriation in the annual Budget Act, for specified purposes concerning tire recycling, the disposal of used tires, and for a program of grants to local government entities.
This bill would make technical revisions to the authorized purposes for expenditure of the money in the fund.
(13) Existing law requires the Department of Transportation to annually report to the Legislature and the board on the use of waste tires in transportation and civil engineering projects during the previous 5 years, including, but not limited to, the approximate number of tires used every year.
This bill would specify that this report is to include the approximate number of waste tires used every year.
(14) Existing law defines, among other things, “tire derived product” and “used tire” for the purposes of the provisions regulating the transportation of used and waste tires.
This bill would make technical changes in these definitions, and would add definitions of the terms “waste tire generator” and “waste tire generating business” to those provisions.
(15) Existing law requires a registered waste and used tire hauler to only transport waste or used tires to a facility that is permitted by the board, or exempted to accept waste and used tires, or to a facility that lawfully accepts waste or used tires for reuse or disposal.
This bill would, instead, require a registered waste and used tire hauler to only transport waste or used tires to a facility that is permitted, excluded, exempted, or otherwise authorized by the board, by statute, or by regulation, to accept waste and used tires, or to a facility that lawfully accepts waste or used tires for reuse or disposal.
(16) Existing law provides that a person who hauls waste or used tires is exempt from registration if the person meets at least one of 9 specified standards, including status as a solid waste collector operating under a license or franchise from any local government who transports fewer than 10 waste or used tires at any one time.
This bill would delete that standard.
(17) The bill would also make various technical changes in existing law relating to solid waste and hazardous waste. (18)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(19)  The bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 71.4 of the Harbors and Navigation Code is amended to read:

71.4.
 (a) The department, subject to the approval of the Legislature in accordance with Section 85.2, may make loans to cities, counties, or districts having power to acquire, construct, and operate small craft harbors, for the planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection therewith, and connecting waterways, if the department finds that the project is feasible.
(b) The department shall establish, by rules and regulations, policies and standards to be followed in making loans pursuant to this section so as to further the proper development and maintenance of a statewide system of small craft harbors and connecting waterways. To the greatest extent possible, the department shall adhere to customary commercial practices to ensure that loans made pursuant to this section are adequately secured and that the loans are repaid consistent with the terms of the loan agreement. Any rules and regulations shall include policies and standards for restrooms, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials.
(c) The department shall develop weighing and ranking criteria to qualify and prioritize the public loans.
(d) Any loan under this section shall be repaid as provided in Section 70.
(e) Rates to be charged for the use of the boating facilities shall be established by the city, county, or district, subject to the approval of the department, in every loan contract. The department shall concern itself with the rates charged only as prescribed in Section 71.8. The rates set shall be based on a monthly berthing charge, and the department shall monitor these rates to ensure that the berthing charges are reasonable and not exorbitant.
(f) The department shall submit any project for which it recommends any loan be made to the Governor for inclusion in the Budget Bill.
(g) No loans shall be made to cities, counties, or districts pursuant to this article from funds appropriated in the Budget Act of 1999 for the purposes of this section until the practices and criteria described in subdivisions (b) and (c) have been reviewed and approved by the Department of Finance. Any subsequent changes to those practices and criteria shall also be approved by the Department of Finance.

SEC. 2.

 Section 15025 of the Public Resources Code is amended to read:

15025.
 For purposes of this article, the following terms have the following meanings:
(a) “Mercury-added novelty” means a mercury-added product intended mainly for personal or household enjoyment or adornment. A “mercury-added novelty” includes, but is not limited to, any item intended for use as a practical joke, figurine, adornment, toy, game, card, ornament, yard statue or figure, candle, jewelry, holiday decoration, and item of apparel, including footwear. “Mercury-added novelty” does not include a product that contains no mercury other than in a mercury-added button cell battery.
(b) “Mercury fever thermometer” means a mercury-added product that is used for measuring body temperature. Mercury fever thermometer does not include a digital thermometer that uses mercury-added button cell batteries.
(c) “School” means any school used for the purpose of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive.

SEC. 3.

 Section 21090 of the Public Resources Code is amended to read:

21090.
 (a) An environmental impact report for a redevelopment plan may be a master environmental impact report, program environmental impact report, or a project environmental impact report. Any environmental impact report for a redevelopment plan shall specify the type of environmental impact report that is prepared for the redevelopment plan.
(b) If the environmental impact report for a redevelopment plan is a project environmental impact report, all public and private activities or undertakings pursuant to, or in furtherance of, a redevelopment plan shall be deemed to be a single project. However, further environmental review of any public or private activity or undertaking pursuant to, or in furtherance of, a redevelopment plan for which a project environmental impact report has been certified shall be conducted if any of the events specified in Section 21166 have occurred.

SEC. 4.

 Section 21158.6 of the Public Resources Code is amended to read:

21158.6.
 (a) For a project in the City of Oakland that consists of multiple-family residential development, or a residential and commercial or retail mixed-use development with not more than 25 percent of the total floor area of the project utilized as retail space, a focused environmental impact report may be prepared, notwithstanding that the project was not identified in a master environmental impact report, if all of the following conditions are met:
(1) The Oakland City Council does both of the following:
(A) Authorizes the implementation of this section. The city council may authorize the implementation of this section only by voting to approve the practice of preparing focused environmental impact reports for projects in the central business district housing target areas specified in paragraph (11).
(B) Determines that the general plan, zoning ordinance, and related policies and programs are consistent with principles that encourage compact development in a manner that does both of the following:
(i) Promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing.
(ii) Protects the environment, open space, and agricultural areas.
(2) The city submits a draft determination to the Office of Planning and Research that the applicable general plan, zoning ordinance, and any related policies and programs are consistent with the principles described in subparagraph (B) of paragraph (1) prior to the city council making its determination regarding that consistency. The office may submit comments on the draft findings to the city council within 30 days from the date that the city submits the draft determination to the office.
(3) The city has an average population density of at least 5,000 persons per square mile.
(4) The project is consistent with the general plan, any applicable specific plan and community plan, and zoning ordinance, including any variance that is properly granted pursuant to that zoning ordinance, an environmental impact report was prepared for the general plan, and the application for the project is deemed complete pursuant to Section 65943 of the Government Code within 3 years of the date this section is effective.
(5) The lead agency cannot make the finding described in subdivision (c) of Section 21157.1, a negative declaration or mitigated negative declaration cannot be prepared pursuant to Section 21080, 21157.5, or 21158, and Section 21166 does not apply.
(6) The project meets one or both of the following conditions:
(A) The parcel on which the project is to be developed is surrounded by immediately contiguous urban development.
(B) The parcel on which the project is to be developed is, or has been previously, developed with urban uses.
(7) The density of the project is at least 40 units per net acre.
(8) The parcel on which the project is to be developed is within one-half mile of an existing rail transit station.
(9) The project can be adequately served by existing utilities and municipal services, and there will be adequate capacity for infrastructure, utilities, and services to serve other projects approved and proposed in the service area.
(10) The project does not include a single level building that exceeds the square footage limitation specified in subdivision (a) of Section 21158.5.
(11) The project is located in one of the following central business district housing target areas:
(A) The Valdez cluster, which is bounded on the west by Telegraph Avenue, on the south by 23rd Street, on the east by Harrison Street, and on the north by 27th Street. A project located in this cluster that meets the condition described in paragraph (8) may include a portion up to one acre that does not meet that condition.
(B) The Uptown cluster, which is bounded on the west by Castro Street, on the south by 14th Street from Castro Street to Jefferson Street and 16th Street from Jefferson Street to Broadway, on the east by Jefferson Street from 14th Street to 16th Street and Broadway from 16th Street to 22nd Street, and on the north by 22nd Street.
(C) The 11th Street cluster, which is bounded by Franklin Street from 12th Street to 15th Street, by Webster from 11th Street to 12th Street, by Alice Street from 11th Street to 13th Street, by 12th Street from Franklin Street to Webster Street, by 11th Street from Webster Street to Alice Street and 13th Street from Alice Street to Madison Street, and on the east by Madison Street from 13th Street to 15th Street, and on the north by 15th Street from Franklin Street to Madison Street.
(D) The Old Oakland cluster, which is bounded on the west by Castro Street, on the south by 7th Street, on the east by Broadway, and on the north by 11th Street.
(b) A focused environmental impact report prepared pursuant to this section shall be limited to a discussion of potentially significant effects on the environment specific to the project. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth inducing impacts of the project.
(c) (1) On or before July 1, 2004, the city shall submit a report to the Office of Planning and Research that includes, but that is not necessarily limited to, all of the following information:
(A) The number of focused environmental impact reports prepared pursuant to this section.
(B) The types of projects for which focused environmental impact reports were prepared pursuant to this section.
(C) The time periods for preparing each of the focused environmental impact reports prepared pursuant to this section, and for acting on each project from the date that the application was deemed complete.
(D) A description of any alternatives to a project, cumulative impacts of a project, growth inducing impacts of a project, or other issues that may have been identified and analyzed if an environmental document, other than a focused environmental impact report, had been prepared for the project.
(2) Prior to submitting the report to the office pursuant to paragraph (1), the city shall hold at least one public hearing and shall respond to oral and written comments regarding the draft report. The city shall include the comments and responses in the final report.
(d) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.

SEC. 5.

 Section 41780 of the Public Resources Code is amended to read:

41780.
 (a) Each city or county source reduction and recycling element shall include an implementation schedule that shows both of the following:
(1) For the initial element, the city or county shall divert 25 percent of all solid waste from landfill disposal or transformation by January 1, 1995, through source reduction, recycling, and composting activities.
(2) Except as provided in Sections 41783, 41784, and 41785, for the first and each subsequent revision of the element, the city or county shall divert 50 percent of all solid waste on and after January 1, 2000, through source reduction, recycling, and composting activities.
(b) Nothing in this part prohibits a city or county from implementing source reduction, recycling, and composting activities designed to exceed these requirements.

SEC. 6.

 Section 41820.5 of the Public Resources Code is amended and renumbered to read:

41820.6.
 (a) In addition to its authority under Section 41820, the board may, after a public hearing, grant a time extension from the diversion requirements of Section 41780 to a city if both of the following conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing with Section 56000) of Title 5 of the Government Code on or after January 1, 2001.
(2) The county within which the city is located did not include provisions in its franchises that ensured that the now incorporated area would comply with the diversion requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of subdivision (a) to submit a source reduction and recycling element that includes an implementation schedule that shows that the city shall divert 50 percent of its estimated generation amount of solid waste from landfill or transformation facilities, within three years from the date on which the source reduction and recycling element is due pursuant to subdivision (b) of Section 41791.5, through source reduction, recycling, and composting activities.

SEC. 7.

 Section 41820.5 is added to the Public Resources Code, to read:

41820.5.
 (a) In addition to its authority under Section 41820, the board may, after a public hearing, grant a time extension from the diversion requirements of Section 41780 to a city if both of the following conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing with Section 56000) of Title 5 of the Government Code after January 1, 1990, and before January 1, 2001.
(2) The county within which the city is located did not include provisions in its franchises that ensured that the now incorporated area would comply with the diversion requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of subdivision (a) to submit a source reduction and recycling element that includes an implementation schedule that shows both of the following:
(1) The city shall divert 25 percent of its estimated generation amount of solid waste from landfill or transformation facilities within three years from the date on which the source reduction and recycling element is due pursuant to subdivision (b) of Section 41791.5, through source reduction, recycling, and composting activities.
(2) The city shall divert 50 percent of its estimated generation amount of solid waste from landfill or transformation facilities within eight years from the date on which the source reduction and recycling element is due pursuant to subdivision (b) of Section 41791.5, through source reduction, recycling, and composting activities.

SEC. 8.

 Section 41821.2 of the Public Resources Code is amended to read:

41821.2.
 (a) For the purposes of this section, “district” means a community services district, public utility district, or sanitary district that provides solid waste handling services or implements source reduction and recycling programs.
(b) Notwithstanding any other law, each district shall do all of the following:
(1) Comply with the source reduction and recycling element and the household hazardous waste element of the city, county, or regional agency in which the district is located, as required by the city, county, or regional agency. The city, county, or regional agency shall notify a district of any program that it is implementing or modifying when it annually submits a report to the board pursuant to Section 41821.
(2) Provide each city, county, or regional agency in which it is located, information on the programs implemented by the district, the amount of waste disposed and reported to the disposal tracking system pursuant to Section 41821.5 for each city, county, or regional agency, and the amount of waste diverted by the district for each city, county, or regional agency.
(c) The board may adopt regulations pertaining to the format of the information to be provided pursuant to paragraph (2) of subdivision (b) and deadlines for supplying this information to the city, county, or regional agency, so that it may be incorporated into the annual report submitted to the board pursuant to Section 41821.
(d) A district is subject to the portion of a penalty imposed, pursuant to Section 41850, upon a city, county, or regional agency in which the district is located, that is in proportion to the district’s responsibility for failure to implement that jurisdiction’s source reduction and recycling element and household hazardous waste element, as determined by that city, county, or regional agency. The board shall not determine the proportion of a district’s responsibility as part of its determination to impose penalties. The city, county, or regional agency shall provide the district with a written notice regarding the district’s responsibility, including the basis for determining the district’s proportional responsibility, and an opportunity for hearing before the city, county, or regional agency’s governing body, before assessing the district a proportion of the penalty imposed by the board.
(e) A district may impose a fee in an amount sufficient to pay for the costs of complying with this section. The fees shall be assessed and collected in the same manner as the fees imposed pursuant to Sections 41901 and 41902.

SEC. 9.

 Section 42175.1 of the Public Resources Code is amended to read:

42175.1.
 (a) Any hazardous material that becomes a hazardous waste when released or removed from any major appliance shall be managed pursuant to Article 10.1 (commencing with Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety Code.
(b) Any mercury-containing motor vehicle light switch removed from the hood or trunk of any vehicle prior to crushing or shredding shall be managed pursuant to Article 10.2 (commencing with Section 25214.5) of Chapter 6.5 of Division 20 of the Health and Safety Code.
(c) Failure to comply with the requirements of Section 42175 is a violation of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

SEC. 10.

 Section 42806.5 of the Public Resources Code is amended to read:

42806.5.
 “Used tire” means a tire that meets all of the following requirements:
(a) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire.
(b) The tire meets the applicable requirements of the Vehicle Code and Title 13 of the California Code of Regulations.
(c) (1) The used tire is ready for resale, is stored by size in a rack or a stack not more than two rows wide, but not in a pile, and is stored in accordance with local fire and vector control requirements and with state minimum standards.
(2) A used tire stored pursuant to this section shall be stored in a manner to allow the inspection of each individual tire.

SEC. 11.

 Section 42808 of the Public Resources Code is amended to read:

42808.
 “Waste tire facility” means a location, other than a solid waste facility permitted pursuant to this division that receives for transfer or disposal less than 150 tires per day averaged on an annual basis, where, at any time, waste tires are stored, stockpiled, accumulated, or discarded. “Waste tire facility” includes all of the following:
(a) “Existing waste tire facility” means a waste tire facility which is receiving, storing, or accumulating waste tires, or upon which waste tires are discarded, on January 1, 1990.
(b) “Major waste tire facility” means a waste tire facility where, at any time, 5,000 or more waste tires are or will be stored, stockpiled, accumulated, or discarded.
(c) “Minor waste tire facility” means a waste tire facility where, at any time, 500 or more, but less than 5,000, waste tires are or will be stored, stockpiled, accumulated, or discarded. However, a “minor waste tire facility” does not include a tire dealer or an automobile dismantler, as defined in Sections 220 and 221 of the Vehicle Code, who stores waste tires on the dealer’s or dismantler’s premises for less than 90 days if not more than 1,500 total used or waste tires are ever accumulated on the dealer’s or dismantler’s premises.

SEC. 12.

 Section 42814 of the Public Resources Code is repealed.

SEC. 13.

 Section 42835 of the Public Resources Code is amended to read:

42835.
 (a) Any person who accepts waste tires at a minor waste tire facility that has not been issued a permit or an authorization to operate from the board, or who knowingly directs, transports, or abandons waste tires to or at a minor waste tire facility that has not been issued a permit or an authorization to operate from the board shall, upon conviction, be punished by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each day of violation, by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(b) For purposes of subdivision (a), “each day of violation” means each day on which a violation continues. In any case where a person has accepted waste tires at a minor waste tire facility, or knowingly directed or transported waste tires to a minor waste tire facility, that has not been issued a permit, in violation of subdivision (a), each day that the waste tires remain at the facility and the person has knowledge thereof is a separate additional violation, unless the person has filed a report with the board disclosing the violation and is in compliance with any order regarding the waste tires issued by the board, a hearing officer, or a court of competent jurisdiction.

SEC. 14.

 Section 42847.5 is added to the Public Resources Code, to read:

42847.5.
 (a) Any costs or damages incurred by the board under this article constitute a lien upon the real property owned by any responsible party that is subject to the remedial action. The lien shall attach regardless of whether the responsible party is insolvent. A lien imposed under this section shall arise at the time costs are first incurred by the board with respect to a remedial action at the site.
(b) A lien established under this section shall be subject to the notice and hearing procedures required by due process of the law. Prior to imposing the lien, the board shall send the property owner via certified mail a “Notice of Intent to Place A Lien” letter. This letter shall provide that the owner, within 14 calendar days from the date of receipt of the letter, may object to the imposition of the lien either in writing or through an informal proceeding before a neutral official. This neutral official shall be the board’s executive director or his or her designee, who may not have had any prior involvement with the site. The issue before the neutral official shall be whether the board has a reasonable basis for its determination that the statutory elements for lien placement under this section are satisfied. During this proceeding the property owner may present information or submit documents, or both, to establish that the board should not place a lien as proposed. The neutral official shall assure that a record of the proceeding is made, and shall issue a written decision. The decision shall state whether the property owner has established any issue of fact or law to alter the board’s intention to file a lien, and the basis for the decision.
(c) The board may not be considered a responsible party for a remediated site merely because a lien is imposed under this section.
(d) A lien imposed under this section shall continue until the liability for the costs or damages incurred under this article, or a judgment against the responsible party, is satisfied. However, if it is determined by a court that the judgment against the responsible party will not be satisfied, the board may exercise its rights under the lien.
(e) A lien imposed under this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located. The lien shall contain a legal description of the real property that is subject to, or affected by, the remedial action, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll.
(f) All funds recovered under this section on behalf of the board’s waste tire stabilization and abatement program shall be deposited in the California Tire Recycling Management Fund established under Section 42885.

SEC. 15.

 Section 42885 of the Public Resources Code is amended to read:

42885.
 (a) For purposes of this section, “California tire fee” means the fee imposed pursuant to this section.
(b) (1) (A) On and before December 31, 2006, every person who purchases a new tire, as defined in subdivision (g), shall pay a California tire fee of one dollar ($1.00) per tire.
(B) On and after January 1, 2007, every person who purchases a new tire, as defined in subdivision (g), shall pay a California tire fee of seventy-five cents ($0.75) per tire.
(2) The retail seller shall charge the retail purchaser the amount of the California tire fee as a charge that is separate from, and not included in, any other fee, charge, or other amount paid by the retail purchaser.
(3) The retail seller shall collect the California tire fee from the retail purchaser at the time of sale and may retain 3 percent of the fee as reimbursement for any costs associated with the collection of the fee. The retail seller shall remit the remainder to the state on a quarterly schedule for deposit in the California Tire Recycling Management Fund, which is hereby created in the State Treasury.
(c) The board, or its agent authorized pursuant to Section 42882, shall be reimbursed for its costs of collection, auditing, and making refunds associated with the California Tire Recycling Management Fund, but not to exceed 3 percent of the total annual revenue deposited in the fund.
(d) The California tire fee imposed pursuant to subdivision (a) shall be separately stated by the retail seller on the invoice given to the customer at the time of sale. Any other disposal or transaction fee charged by the retail seller related to the tire purchase shall be identified separately from the California tire fee.
(e) Any person or business who knowingly, or with reckless disregard, makes any false statement or representation in any document used to comply with this section is liable for a civil penalty for each violation or, for continuing violations, for each day that the violation continues. Liability under this section may be imposed in a civil action and shall not exceed twenty-five thousand dollars ($25,000) for each violation.
(f) In addition to the civil penalty that may be imposed pursuant to subdivision (e), the board may impose an administrative penalty in an amount not to exceed five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues, on any person who intentionally or negligently violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter. The board shall adopt regulations that specify the amount of the administrative penalty and the procedure for imposing an administrative penalty pursuant to this subdivision.
(g) For purposes of this section, “new tire” means a pneumatic or solid tire intended for use with on-road or off-road motor vehicles, motorized equipment, construction equipment, or farm equipment that is sold separately from the motorized equipment, or a new tire sold with a new or used motor vehicle, as defined in Section 42803.5, including the spare tire, construction equipment, or farm equipment. “New tire” does not include retreaded, reused, or recycled tires.
(h) The California tire fee may not be imposed on any tire sold with, or sold separately for use on, any of the following:
(1) Any self-propelled wheelchair.
(2) Any motorized tricycle or motorized quadricycle, as defined in Section 407 of the Vehicle Code.
(3) Any vehicle that is similar to a motorized tricycle or motorized quadricycle and is designed to be operated by a person who, by reason of the person’s physical disability, is otherwise unable to move about as a pedestrian.

SEC. 16.

 Section 48023.5 is added to the Public Resources Code, to read:

48023.5.
 (a) In addition to the remedies authorized under Section 48023, any costs or damages incurred under this article by the board constitute a lien upon the real property owned by any responsible party that is subject to the remedial action. The lien shall attach regardless of whether the responsible party is insolvent. A lien imposed under this section shall arise at the time costs are first incurred by the board with respect to a remedial action at the site.
(b) A lien established under this section shall be subject to the notice and hearing procedures required by due process of the law. Prior to imposing the lien, the board shall send the property owner via certified mail a “Notice of Intent to Place A Lien” letter. This letter shall provide that the owner, within 14 calendar days from the date of receipt of the letter, may object to the imposition of the lien either in writing or through an informal proceeding before a neutral official. This neutral official shall be the board’s executive director or his or her designee, who may not have had any prior involvement with the site. The issue before the neutral official shall be whether the board has a reasonable basis for its determination that the statutory elements for lien placement under this section are satisfied. During this proceeding the property owner may present information or submit documents, or both, to establish that the board should not place a lien as proposed. The neutral official shall assure that a record of the proceeding is made, and shall issue a written decision. The decision shall state whether the property owner has established any issue of fact or law to alter the board’s intention to file a lien, and the basis for the decision.
(c) The board may not be considered a responsible party for a remediated site merely because a lien is imposed under this section.
(d) A lien imposed under this section shall continue until the liability for the costs or damages incurred under this article, or a judgment against the responsible party, is satisfied. However, if it is determined by a court that the judgment against the responsible party will not be satisfied, the board may exercise its rights under the lien.
(e) A lien imposed under this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located. The lien shall contain a legal description of the real property that is subject to, or affected by, the remedial action, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll.
(f) All funds recovered under this section on behalf of the board’s solid waste disposal and codisposal site cleanup program shall be deposited in the Solid Waste Disposal Site Cleanup Trust Fund established under Section 48027.

SEC. 17.

 Section 42885.5 of the Public Resources Code is amended to read:

42885.5.
 (a) The board 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 board shall submit the adopted five-year plan to the appropriate policy and fiscal committees of the Legislature. The board shall include, in the plan, programmatic and fiscal issues including, but not limited to, the hierarchy used by the board to maximize productive uses of waste and used tires and the performance objectives and measurement criteria used by the board 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 board, 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.
(c) The board shall base the budget for the California Tire Recycling Act and program funding on the plan.

SEC. 18.

 Section 42889 of the Public Resources Code is amended to read:

42889.
 Funding for the waste tire program shall be appropriated to the board in the annual Budget Act in a manner consistent with the five-year plan adopted and updated by the board. The moneys in the fund shall be expended for the payment of refunds under this chapter and for the following purposes:
(a) To pay the administrative overhead cost of this chapter, not to exceed 5 percent of the total revenue deposited in the fund annually, or an amount otherwise specified in the annual Budget Act.
(b) To pay the costs of administration associated with collection, making refunds, and auditing revenues in the fund, not to exceed 3 percent of the total revenue deposited in the fund, as provided in subdivision (b) of Section 42885.
(c) To pay the costs associated with operating the tire recycling program specified in Article 3 (commencing with Section 42870).
(d) To pay the costs associated with the development and enforcement of regulations relating to the storage of waste tires and used tires. The board shall consider designating a city, county, or city and county as the enforcement authority of regulations relating to the storage of waste tires and used tires, as provided in subdivision (c) of Section 42850. If the board designates a local entity for that purpose, the board shall provide sufficient, stable, and noncompetitive funding to that entity for that purpose, based on available resources, as provided in the five-year plan adopted and updated as provided in subdivision (a) of Section 42855.5. The board may consider and create, as appropriate, financial incentives for citizens who report the illegal hauling or disposal of waste tires as a means of enhancing local and statewide waste tire and used tire enforcement programs.
(e) To pay the costs of cleanup, abatement, removal, or other remedial action related to waste tire stockpiles throughout the state, including all approved costs incurred by other public agencies involved in these activities by contract with the board. Not less than six million five hundred thousand dollars ($6,500,000) shall be expended by the board during each of the following fiscal years for this purpose: 2001–02 to 2006–07, inclusive.
(f) To make studies and conduct research directed at promoting and developing alternatives to the landfill disposal of waste tires.
(g) To assist in developing markets and new technologies for used tires and waste tires. The board’s expenditure of funds for purposes of this subdivision shall reflect the priorities for waste management practices specified in subdivision (a) of Section 40051.
(h) To pay the costs associated with implementing and operating a waste tire and used tire hauler program and manifest system pursuant to Chapter 19 (commencing with Section 42950).
(i) To pay the costs to create and maintain an emergency reserve, which shall not exceed one million dollars ($1,000,000).
(j) To pay the costs of cleanup, abatement, or other remedial action related to the disposal of waste tires in implementing and operating the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program established pursuant to Chapter 2.5 (commencing with Section 48100) of Part 7.
(k) To pay the costs associated with the preparation of a report by the Office of Environmental Health Hazard Assessment, in consultation with the State Air Resources Board, the Integrated Waste Management Board, and the State Department of Health Services, that includes, at a minimum, the major chemical constituents of smoke from burning tires, the toxicity of those chemicals, and the potential effects on human health from exposure to smoke from the tire fires. The report shall be submitted to the Governor, the Legislature, and the board by December 21, 2001. The cost of preparing this report shall not exceed one hundred fifty thousand dollars ($150,000).

SEC. 19.

 Section 42889.3 of the Public Resources Code is amended to read:

42889.3.
 On or before January 1 of each year, the Department of Transportation shall report to the Legislature and the board on the use of waste tires in transportation and civil engineering projects during the previous five years, including, but not limited to, the approximate number of waste tires used every year, and the types and location of these projects.

SEC. 20.

 Section 42950 of the Public Resources Code is amended to read:

42950.
 For purposes of this chapter, the following definitions apply:
(a) “Agricultural purposes” means the use of waste tires as bumpers on agricultural equipment or as a ballast to maintain covers or structures at an agricultural site.
(b) (1) “Altered waste tire” means a waste tire that has been baled, shredded, chopped, or split apart. “Altered waste tire” does not mean crumb rubber.
(2) “Alteration” or “altering,” with reference to a waste tire, means an action that produces an altered waste tire.
(c) “Applicant” means any person seeking to register as a waste tire hauler.
(d) “Baled tire” means either a whole or an altered tire that has been compressed and then secured with a binding material for the purpose of reducing its volume.
(e) “Common carrier” means a “common carrier,” as defined in Section 211 of the Public Utilities Code.
(f) “Crumb rubber” means rubber granules derived from a waste tire that are less than or one-quarter inch or six millimeters in size.
(g) “Repairable tire” means a worn, damaged, or defective tire that is retreadable, recappable, or regrooveable, or that can be otherwise repaired to return the tire to use as a vehicle tire, and that meets the applicable requirements of the Vehicle Code and Title 13 of the California Code of Regulations.
(h) “Scrap tire” means a worn, damaged, or defective tire that is not a repairable tire.
(i) “Tire derived product” means material that meets both of the following requirements:
(1) Is derived from a process using waste tires or waste tire equivalents as a feedstock. A process using waste tires or waste tire equivalents includes, but is not limited to, shredding, crumbing, or chipping.
(2) Has been sold and removed from the processing facility.
(j) “Used tire” means a tire that meets both of the following requirements:
(1) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire.
(2) The tire meets the applicable requirements of the Vehicle Code and of Title 13 of the California Code of Regulations.
(k) “Waste tire” means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer’s original specifications. A waste tire includes a repairable tire, scrap tire, and altered waste tire, but does not include a tire derived product, crumb rubber, or a used tire.
(l) “Waste tire generator” or “waste tire generating business” means any person as defined by Section 40170 whose act or process produces waste tires as defined in Section 42807, causes a waste tire hauler to transport those waste tires, or otherwise causes waste tires to become subject to regulation. “Waste tire generator” or “waste tire generating business” does not include a person who transports 10 or fewer waste tires at any one time.

SEC. 21.

 Section 42951 of the Public Resources Code is amended to read:

42951.
 (a) Every person who engages in the transportation of waste or used tires shall hold a valid waste and used tire hauler registration, unless exempt as specified in Section 42954.
(b) A registered waste and used tire hauler shall only transport waste or used tires to a facility that is permitted, excluded, exempted, or otherwise authorized by the board, by statute, or by regulation, to accept waste and used tires, or to a facility that lawfully accepts waste or used tires for reuse or disposal.

SEC. 22.

 Section 42954 of the Public Resources Code is amended to read:

42954.
 (a) A person who hauls waste or used tires is exempt from registration under this chapter if at least one of the following conditions is met:
(1) The person transports fewer than 10 waste or used tires at any one time.
(2) The person is, or hauls used and waste tires in a vehicle owned and operated by, the United States, the State of California, or any county, city, town, or municipality in the state, except when vehicles the public agency owns or operates are used as a waste and used tire carrier for hire.
(3) The waste or used tires were inadvertently mixed or commingled with solid waste, and it is not economical or safe to remove or recover them.
(4) The vehicle originated outside the boundaries of the state and is destined for a point outside the boundaries of the state, if no waste or used tires are loaded or unloaded within the boundaries of the state.
(5) The person is hauling waste or used tires for agricultural purposes. However, notwithstanding Section 42961.5, a person hauling waste or used tires for agricultural purposes shall carry a manifest from the generator in the vehicle during transportation, which may be destroyed after delivery.
(6) The waste or used tires were hauled by a common carrier who transported something other than waste or used tires to an original destination point and then transported waste or used tires on the return part of the trip, and the revenue derived from the waste or used tires is incidental when compared to the revenue earned by the carrier.
(7) The person, who is not a waste tire generating business, is transporting waste or used tires to an amnesty day event or to a location as defined in subdivision (b) of Section 42951, and has received written authorization, which includes specific conditions and dates, from the local enforcement agency. The local enforcement agency shall provide copies of any written authorizations to the board within 30 days of their issuance.
(8) The person complies with any additional conditions for exemption, as approved by the board.
(b) Any person who transports tires in violation of subdivision (b) of Section 42951 shall not be exempt pursuant to subdivision (a).

SEC. 23.

 Section 31560 of the Vehicle Code is amended to read:

31560.
 (a) Any person operating a vehicle, or combination of vehicles, in the transportation of waste tires, as defined in Section 42950 of the Public Resources Code, shall be registered with the California Integrated Waste Management Board, unless specifically exempted, as provided in Chapter 19 (commencing with Section 42950) of Part 3 of Division 30 of the Public Resources Code and in regulations adopted by the board to implement that chapter.
(b) It is unlawful and constitutes an infraction for any person engaged in the transportation of waste tires to violate any provision of this article or Section 42951 of the Public Resources Code.

SEC. 24.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 25.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to assist local agencies in achieving the 50 percent solid waste diversion goals as required by Section 41780 of the Public Resources Code, at the earliest possible time, it is necessary for this act to take effect immediately.