California Assembly Bill AB1063 Introduced / Bill

 BILL NUMBER: AB 1063INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Williams FEBRUARY 26, 2015 An act to amend Section 48000 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 1063, as introduced, Williams. Solid waste: disposal facility: fees. Existing law requires the operator of a disposal facility to pay to the State Board of Equalization a fee based on the amount of all solid waste disposed of at each disposal site. The act requires the Department of Resources Recycling and Recovery to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. This bill would change the fee maximum to an unspecified amount per ton and would require that any amount over $1.40 per ton be used to cover the reasonable regulatory costs incurred by the department incident to the performance of various regulatory actions. The bill would also make various nonsubstantive changes. 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  Department of Resources Recycling and Recovery   department  , 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  Department of Resources Recycling and Recovery   department for each fiscal year  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.  Any amount over one dollar and forty cents ($1.40) per ton shall be used to cover the reasonable regulatory costs incurred by the department incident to the performance of audits, inspections, or administrative enforcement and adjudication   related to the regulation of solid waste handling and disposal.  (2) On and after July 1, 2012, the amount of the fee established by the  Department of Resources Recycling and Recovery   department  pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill whose owner has notified the 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  Department of Resources Recycling and Recovery   department  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  Department of Resources Recycling and Recovery   department  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 July 1, 2012, unless the  Department of Resources Recycling and Recovery   department  receives, on or before January 1, 2012, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill owners representing at least 50 percent of the total volume of waste disposed of in 2010. (2) The  Department of Resources Recycling and Recovery   department  shall notify the state board, on or before February 29, 2012, if the fee imposed by paragraph (2) of subdivision (b) shall become operative pursuant to paragraph (1).