California Assembly Bill AB1004 Amended / Bill

 BILL NUMBER: AB 1004AMENDED BILL TEXT AMENDED IN SENATE JANUARY 20, 2010 AMENDED IN ASSEMBLY MAY 4, 2009 AMENDED IN ASSEMBLY APRIL 23, 2009 AMENDED IN ASSEMBLY APRIL 16, 2009 INTRODUCED BY Assembly Member Portantino FEBRUARY 27, 2009 An act to  add Section 53154.5 to the Government   amend Sections 48000, 48010, 48012, and 48013 of the Public Resources  Code, relating to  local government.   solid waste.  LEGISLATIVE COUNSEL'S DIGEST AB 1004, as amended, Portantino.  Local government: emergency response.  Solid waste: State Solid Waste Postclosure and Corrective Action Trust Fund.   (1) The California Integrated Waste Management Act of 1989 requires a solid waste disposal fee, on and after January 1, 2012, to be increased by $0.12 per ton for each operator of a solid waste landfill that notifies the Department of Resources Recycling and Recovery that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund. However, the fee will not be operative on or after January 1, 2012, unless the department receives, on or before July 1, 2011, letters of participation in the fund from landfill operators representing at least 50% of the total volume of waste disposed of in 2010. The act requires the department to notify the State Board of Equalization on or before August 31, 2011, if the increased fee will become operative.   This bill would extend all of those dates by 6 months, except the total volume of waste would still be measured by 2010 standards.   (2) The act requires an operator of a landfill that meets specified requirements, including electing to participate in the fund, to submit written notice to the department on or before July 1, 2011. The act requires an operator that is operating a landfill on July 1, 2011, who submits that notice after the increased fee goes into effect to pay all trust fund fees applicable from January 1, 2012, and a 5% penalty before being allowed to participate. For a new landfill that receives a solid waste facility permit after July 1, 2011, the act requires the operator's election to participate in the fund to be submitted in writing to the department before the department concurs in the issuance of the permit. The act also requires an operator of multiple landfills who is required to maintain evidence of financial ability and whose landfills are operating on July 1, 2011, to include all other landfills in which that operator has in common ownership in the letter of participation.   This bill would extend all of those dates by 6 months.   (3) The act requires the department after January 1, 2015, to report annually on expenditures from the fund, the status of cost recovery actions, and any recommended statutory changes that are necessary to ensure adequate resources are available to carry out the purposes of the fund.   This bill would require the department to begin that annual reporting after January 1, 2016, rather than January 1, 2015.   Existing law specifically authorizes a public agency to charge any person who is under the influence of an alcoholic beverage or drug, whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft causes an incident that requires an emergency response, who makes a false police report, or who intentionally, knowingly, and willfully enters into an area that is closed to the public or drives a vehicle on a street or highway that is temporarily covered by a rise in water level, the reasonable expenses of an emergency response to the incident.   This bill would prohibit a public agency from making residency a determining factor in determining liability for purposes of seeking reimbursement for the expenses of any emergency response.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 48000 of the   Public Resources Code   is amended to read:  48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization  ,  which is based on the amount, by weight or volumetric equivalent, as determined by the  board   Department of Resources Recycling and Recovery  , of all solid waste disposed of at each disposal site. (b) (1) The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 1995-96 fiscal year, the amount of the fee shall be established by the  board   Department of Resources Recycling and Recovery  at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton. (2) On and after  January   July  1, 2012, the amount of the fee established by the  board   Department of Resources Recycling and Recovery  pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill that notifies the  board   department  that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to Article 2.1  (commencing with Section 48010)  . (c) The  board   Department of Resources Recycling and Recovery  shall notify the state board on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to paragraphs (1) and (2) of subdivision (b). (d) The  board   Department of Resources Recycling and Recovery  and the state board shall ensure that all of the fees for solid waste imposed pursuant to this section that are collected at a transfer station are paid to the state board in accordance with this article. (e) (1) The fee imposed by paragraph (2) of subdivision (b) shall not be operative on or after  January   July  1, 2012, unless the  board   Department of Resources Recycling and Recovery  receives, on or before  July 1, 2011   January 1, 2012  , letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill operators representing at least 50 percent of the total volume of waste disposed of in 2010. (2) The  board   Department of Resources Recycling and Recovery  shall notify the state board, on or before  August 31, 2011   February 29, 2012  , if the fee imposed by paragraph (2) of subdivision (b) shall become operative  ,  pursuant to paragraph (1).  SEC. 2.   Section 48010 of the   Public Resources Code   is amended to read:  48010. (a) (1) An operator of a landfill  maintain   that maintains  evidence of financial ability pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, that is operating the landfill on  July 1, 2011   January 1, 2012  , and that elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to this article, shall submit written notice to the  board   Department of Resources Recycling and Recovery  on or before  July 1, 2011   January 1, 2012  . (2) An operator of multiple landfills that elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund is required to submit written notice that includes all of the operator's operating landfills and all other landfills in which that operator has in common ownership. (3) The  board  Department of Resources Recycling and Recovery  shall provide to the state board the name and address, and any other information necessary to administer and collect the fee imposed pursuant to paragraph (2) of subdivision (b) of Section 48000, of every operator of a landfill electing to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund on or before  August 31, 2011   February 29, 2012  . (b) If an operator that is operating a landfill on  July 1, 2011   January 1, 2012  , submits a written notification to the  board   Department of Resources Recycling and Recovery  that it elects to participate after the trust fund fee goes into effect, the operator shall pay all trust fund fees applicable from  January   July  1, 2012, and a 5-percent penalty before being allowed to participate. (c) For new landfills that receive a solid waste facility permit after  July 1, 2011   January 1, 2012  , the operator's election to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund shall be submitted in writing to the  board   Department of Resources Recycling and Recovery  before the  board   department  concurs in the issuance of the permit pursuant to Section 44009. (d) All elections to participate made by landfill operators pursuant to this section are final, binding, and irrevocable for those operators and their successors and assignees.  SEC. 3.   Section 48012 of the   Public Resources Code   is amended to read:  48012. After January 1,  2015   2016  , as part of the annual report required pursuant to Section 40507, the  board  Department of Resources Recycling and Recovery  shall report on expenditures from the State Solid Waste Postclosure and Corrective Action Trust Fund, the status of cost recovery actions, and any recommended statutory changes that are necessary to ensure adequate resources are available to carry out the purposes of the State Solid Waste Postclosure and Corrective Action Trust Fund.  SEC. 4.   Section 48013 of the   Public Resources Code   is amended to read:  48013. An operator of multiple landfills who is required to maintain evidence of financial ability pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part 4 and whose landfills are operating on  July 1, 2011   January 1, 2012  , shall include all other landfills in which that operator has in common ownership in the letter of participation.  SECTION 1.   Section 53154.5 is added to the Government Code, to read: 53154.5. A public agency, in making a determination of liability for purposes of seeking reimbursement for the expenses of any emergency response, shall not make residency a determining factor.