Bill Text: CA SB758 | 2011-2012 | Regular Session | Amended
Bill Title: Recycling: tires.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB758 Detail]
Download: California-2011-SB758-Amended.html
BILL NUMBER: SB 758 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Fuller
FEBRUARY 18, 2011
An act to amend Section 800 of the Public Resources Code,
relating to powerplants. An act to amend Section
42885 of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
SB 758, as amended, Fuller. Powerplants: siting.
Recycling : tires.
The California Tire Recycling Act requires a person who purchases
a new tire to pay a California tire fee in the amount of $1.75, of
which $0.75 of the fee is designated for programs and projects that
mitigate or remediate air pollution caused by waste tires and the
remainder is deposited in the California Tire Recycling Management
Fund, for expenditure by the Department of Resources Recycling and
Recovery, upon appropriation by the Legislature, for programs related
to the disposal of waste tires. After January 1, 2015, existing law
decreases the amount of the fee to $0.75 and provides for the deposit
of all of that amount in that fund.
This bill would decrease the amount of the California tire fee
that is imposed until January 1, 2015, to $1.15.
Existing law declares, among other things, that it is the policy
of the state to encourage the use of nuclear energy, geothermal
resources, and such other energy sources as are currently under
development, wherever feasible, recognizing that such use has the
potential of providing direct economic benefit to the public, while
helping to conserve limited fossil fuel resources and promoting air
cleanliness.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42885 of the
Public Resources Code , as amended by Section 55 of
Chapter 77 of the Statutes of 2006, 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 person who purchases a new tire, as defined in
subdivision (g), shall pay a California tire fee of one
dollar and seventy-five cents ($1.75) one dollar and
fifteen cents ($1.15) 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 11/2 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 department , 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 (b)
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) A person or business who knowingly, or with reckless
disregard, makes a false statement or representation in a 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 department
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 a person who intentionally or negligently
violates a permit, rule, regulation, standard, or requirement issued
or adopted pursuant to this chapter. The board
department 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 shall not be imposed on a tire sold
with, or sold separately for use on, any of the following:
(1) A self-propelled wheelchair.
(2) A motorized tricycle or motorized quadricycle, as defined in
Section 407 of the Vehicle Code.
(3) A 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.
(i) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SECTION 1. Section 800 of the Public Resources
Code is amended to read:
800. It is the policy of the State of California that the
location and operation of thermal electric powerplants shall enhance
public benefits and protect against or minimize adverse effects on
the public, the ecology of the land and its wildlife, and the ecology
of state waters and their aquatic life, and that the public's
opportunity to enjoy the material, physical, and aesthetic benefits
of its resources shall be preserved to the greatest extent feasible.
The Legislature declares that it is also the policy of the state
to encourage the use of nuclear energy, geothermal resources, and
those other energy sources as are currently under development,
wherever feasible, recognizing that their use has the potential of
providing direct economic benefit to the public, while helping to
conserve limited fossil fuel resources and promoting air cleanliness.
The Legislature further declares that it is the policy of the
state to encourage planning by the state's electric utilities toward
the above-stated objectives and to assist the utilities in their
evaluations of the effects on the environment of proposed thermal
powerplant sites and to that end the State Energy Resources
Conservation and Development Commission has been established to
effect such coordination with the utilities and to carry out specific
responsibilities as may be defined in the Public Utilities Code and
the Public Resources Code.
The Legislature finds that the state should conduct research
relating to the conservation, enhancement and prudent use of its
resources, including those associated with the siting of thermal
powerplants.
The Legislature finds that the state should also stimulate,
sponsor and conduct appropriate research and study on new methods of
powerplant siting which offer potential for enhanced public benefits
in location, operation, and protection of the environment with such
investigations including underground and underocean sites, manmade
islands, powerplant parks, the desirability of locations on or near
tidal lagoons, and other concepts which may appear attractive in
minimizing the impact on the environment of the large projected
increase in California electric generating capacity.
