California Senate Bill SB758 Latest Draft

 BILL NUMBER: SB 758AMENDED 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.