SENATE RULES COMMITTEE
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SB 225
THIRD READING
Bill No:
Author:
Introduced:
Vote:
SB 225
Wieckowski (D)
2/13/15
21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/15/15
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Recycling: used tires
SOURCE: Author
DIGEST: This bill requires the Department of Resources Recycling and
Recovery (CalReycle), when updating the five-year plan and expending funds
pursuant to the California Tire Recycling Act, to ensure that the plan and
expenditure of those funds reflect the California Integrated Waste Management
Act’s priorities for waste reduction and recycling.
ANALYSIS:
Existing law:
1) Under the California Integrated Waste Management Act of 1989 (Public
Resources Code (PRC) §40000 et seq.):
a) Specifies a state policy goal of 75% of recycling, composting or source
reduction of solid waste by 2020.
b) Requires each local jurisdiction to divert 50% of solid waste from landfill
disposal.
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2) Under the California Tire Recycling Act (PRC §42860 et seq.):
a) Requires CalRecycle to administer a tire recycling program that promotes
and develops alternatives to the landfill disposal of waste tires. The tire
recycling program may include, among other things, grants, subsidies, and
loans to businesses or other enterprises and public entities involved in
activities that result in reduced landfill disposal or stockpiling of waste
tires. Activities eligible for funding may include the manufacturing of
products made from used tires such as rubberized asphalt and crash
barriers.
b) Requires a person who purchases a new tire to pay a California tire fee of
$1.75 for each new tire purchased in the state. One dollar of which is
deposited into the Tire Recycling Fund for oversight, enforcement, and
market development grants relating to waste tire management and
recycling. The remaining $0.75 is deposited into the Air Pollution Control
Fund for programs and projects that mitigate or remediate air pollution
caused by tires.
c) Requires CalRecycle to adopt a five-year plan, which must be updated
every two years, that establishes goals and priorities for the waste tire
program, including grant programs.
d) Authorizes CalRecycle to award grants, subsidies, rebates, and loans to
businesses and public entities that result in reduced landfill disposal of
used tires.
This bill requires CalRecycle, when updating the five-year plan and expending
funds pursuant to the California Tire Recycling Act, to ensure that the plan and
expenditure of those funds reflect the California Integrated Waste Management
Act’s priorities for waste reduction and recycling.
Background
According to CalRecycle, approximately 40 million waste tires are generated in
California every year. The California Tire Recycling Act requires CalRecycle to
administer a tire recycling program that promotes and develops alternatives to the
landfill disposal of waste tires. The tire recycling program may include, among
other things, grants, subsidies, and loans to businesses or other enterprises and
public entities involved in activities that result in reduced landfill disposal or
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stockpiling of waste tires. Activities for funding may include the manufacturing of
products made from used tires, such as rubberized asphalt and crash barriers.
The California Tire Recycling Act requires CalRecycle to adopt a five-year plan,
which must be updated every two years. The five-year plan establishes goals and
priorities for the waste tire recycling program and identifies programmatic and
fiscal issues, performance objectives, and measurement criteria.
Comments
1) Purpose of bill. According to the author, “The California Integrated Waste
Management Act specifies the statewide goal of diverting from landfills not
less than 75% of solid waste by source-reducing, recycling or composting by
2020. However, the statutory goal does not address how various waste streams
will be reduced to meet the goal. This bill is intended to address a particular
source of waste in meeting the 75% goal by ensuring that the state’s five-year
plan for recycling waste tires and that funds appropriated for this purpose
reflect the state’s overall priorities for solid waste reduction and recycling.”
2) Waste tire diversion rates. According to CalRecycle, the department has a
diversion goal of 90% for waste tires, with the overall diversion rate increased
from 81% in 2010 to 88% in 2011. However, CalRecycle notes that this
increase was largely due to the continued, unprecedented rapid growth in the
export of waste tires to Pacific Rim nations, largely for use as tire-derived fuel
(TDF), which is now the largest single end-use destination for California waste
tires. If waste tire exports, TDF, and use as alternative daily cover for landfills
are not included, then the diversion rate is only 44%. In addition, CalRecycle
states that five million tires were landfilled in 2011. This bill is meant to
ensure that the waste tire diversion rate is consistent with the state’s 75% goal
of reducing solid waste by recycling, composting, or source reduction by 2020.
Related/Prior Legislation
AB 2658 (Bocanegra, 2014) would have clarified that “parklets” and “greenways”
are eligible for grants for public works that use tire-derived products and requires
CalRecycle, when awarding grants for parklets and greenways, to give priority to
projects located in disadvantaged communities. AB 2658 also would have
extended a sunset date relating to the use of rubberized asphalt concrete by the
Department of Transportation. AB 2658 failed (4-3) in the Senate Transportation
and Housing Committee.
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AB 513 (Frazier, Chapter 499, Statutes of 2013) established the Rubberized
Asphalt Concrete (RAC) Market Development Act, which codified CalRecycle’s
RAC grant program for local public works projects.
AB 8 (Perea and Skinner, Chapter 401, Statutes of 2013) extended until January 1,
2024, various vehicle-related state and local fees and surcharges, including the
California tire fee of $1.75 per tire, to fund vehicle-related air quality, greenhouse
gas and related programs.
AB 1647 (Gordon, Chapter 534, Statutes of 2012) revised the hearing and
enforcement process for waste tire facility and waste tire hauling violations.
SB 758 (Fuller, 2011) would have reduced the per tire fee required under the
California Tire Recycling Act from $1.75 to $1.15. SB 758 died in the Senate
Environmental Quality Committee.
AB 525 (Gordon, Chapter 573, Statutes of 2011) required CalRecycle to award
grants to cities, counties, and other local government agencies for the funding of
public works projects that use waste tires; made the public works waste tire grant
program inoperative on June 30, 2015; repealed the provision authorizing this
program on January 1, 2016; and established the Architectural Paint Stewardship
Account in the Integrated Waste Management Fund and the Architectural Paint
Stewardship Penalty Subaccount in the Integrated Waste Management Fund, for
purposes of program implementation.
SB 369 (Simitian, Chapter 300, Statutes of 2006) extended the sunset date on the
local government RAC grant program from 2007 to 2011, revised eligibility
requirements for the program, and made related amendments.
AB 338 (Levine, Chapter 709, Statutes of 2005) required the Department of
Transportation to use certain percentages of “asphalt containing crumb rubber” for
state highway or repair projects using asphalt as a construction material under
certain conditions.
FISCAL EFFECT: Appropriation: No
SUPPORT: (Verified 4/27/15)
None received
Fiscal Com.:
Yes
Local: No
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OPPOSITION: (Verified 4/27/15)
None received
Prepared by: Joanne Roy / E.Q. / (916) 651-4108
5/1/15 14:40:12
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