CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1288Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member McCarty)February 17, 2017 An act to amend Sections 48000, 48001, and 48004 of the Public Resources Code, relating to solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 1288, as introduced, Eggman. Solid waste: charges.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act 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 to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department 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 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department 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 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 department 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 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).SEC. 2. Section 48001 of the Public Resources Code is amended to read:48001. (a) The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.(b) The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.SEC. 3. Section 48004 of the Public Resources Code is amended to read:48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.(2) The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1288Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member McCarty)February 17, 2017 An act to amend Sections 48000, 48001, and 48004 of the Public Resources Code, relating to solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 1288, as introduced, Eggman. Solid waste: charges.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act 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 to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1288
Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member McCarty)February 17, 2017
Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member McCarty)
February 17, 2017
An act to amend Sections 48000, 48001, and 48004 of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1288, as introduced, Eggman. Solid waste: charges.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act 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 to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste. The act 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 to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. Existing law requires the moneys collected from the fee to be deposited in the Integrated Waste Management Account and requires the moneys in the account to be used by the department, upon appropriation, for specified purposes, including, among others, the administration and implementation of the act.
This bill would require the department to use the moneys in the account also to maintain a prudent reserve for the administration and implementation of the act. The bill would require the department and the state board to ensure that fees for solid waste disposal, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with the financial provisions of the act. The bill would also make nonsubstantive changes.
## Digest Key
## Bill Text
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 state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department 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 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department 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 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 department 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 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).SEC. 2. Section 48001 of the Public Resources Code is amended to read:48001. (a) The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.(b) The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.SEC. 3. Section 48004 of the Public Resources Code is amended to read:48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.(2) The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.
The people of the State of California do enact as follows:
## 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 state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department 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 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department 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 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 department 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 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).
SECTION 1. Section 48000 of the Public Resources Code is amended to read:
### SECTION 1.
48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department 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 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department 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 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 department 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 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).
48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department 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 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department 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 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 department 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 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).
48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department 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 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department 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 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 department 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 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).
48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which state board that is based on the amount, by weight or volumetric equivalent, as determined by the Department 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 199596 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery department 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 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 department 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 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).
SEC. 2. Section 48001 of the Public Resources Code is amended to read:48001. (a) The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.(b) The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.
SEC. 2. Section 48001 of the Public Resources Code is amended to read:
### SEC. 2.
48001. (a) The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.(b) The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.
48001. (a) The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.(b) The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.
48001. (a) The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.(b) The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.
48001. (a) The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.
(b) The department and the state board shall ensure that all of the fees for solid waste disposal imposed pursuant to this chapter, including, but not limited to, fees on solid waste that is exported for disposal, are remitted to the state board in accordance with this article.
SEC. 3. Section 48004 of the Public Resources Code is amended to read:48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.(2) The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.
SEC. 3. Section 48004 of the Public Resources Code is amended to read:
### SEC. 3.
48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.(2) The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.
48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.(2) The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.
48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.(2) The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.
48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, department, upon appropriation by the Legislature, for the following purposes:
(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. department, including a prudent reserve.
(2) The state water boards and regional water boards administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.
(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.
(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, section or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. department.