California 2021 2021-2022 Regular Session

California Senate Bill SB1181 Amended / Bill

Filed 03/15/2022

                    Amended IN  Senate  March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1181Introduced by Senator HuesoFebruary 17, 2022 An act to amend Section 42820 of add Section 42885.7 to the Public Resources Code, and to add Section 27466 to the Vehicle Code, relating to solid waste. tires.LEGISLATIVE COUNSEL'S DIGESTSB 1181, as amended, Hueso. Solid waste: waste tires. Used tires: sale and export.(1) The California Tire Recycling Act requires the Department of Resources Recycling and Recovery to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for the waste tire program. The act requires the biennial update to describe the effectiveness of each element of the waste tire program, including specified border region activities that include, among others, tracking both the legal and illegal waste and used tire flow across the border and recommending revisions to the waste tire policies of California and Mexico.This bill would require the department to strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora. The bill would require the department to work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California.(2) Existing law prohibits an automotive repair dealer from installing an unsafe used tire, as defined, on a motor vehicle for use on a highway. Existing law prohibits a dealer or a person holding a retail sellers permit from selling, offering for sale, exposing for sale, or installing on a vehicle axle, a pneumatic tire for use on a highway when the tire has a tread depth of less than a specified amount, except as specified. A violation of these provisions is a crime.This bill would prohibit a person from selling an unsafe used tire, as defined, for use by a motor vehicle on a highway. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Office of Environmental Health Hazard Assessment, to adopt regulations set forth the procedures and requirements necessary to obtain a major waste fire facility permit. Existing law requires the State Fire Marshal, in consultation with the department, to adopt fire prevention regulations for a major waste tire facility.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42885.7 is added to the Public Resources Code, to read:42885.7. (a) The department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.(b) The department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, including, but not limited to, exports of wrecked vehicles for auto dismantlers.SEC. 2. Section 27466 is added to the Vehicle Code, to read:27466. (a) A person shall not sell an unsafe used tire for use by a motor vehicle on a highway.(b) For purposes of this section, unsafe used tire has the same meaning as defined in Section 9889.30 of the Business and Professions Code.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 42820 of the Public Resources Code is amended to read:42820.(a)The department, in consultation with the Office of Environmental Health Hazard Assessment, shall adopt regulations setting forth the procedures and requirements necessary to obtain a major waste tire facility permit. The regulations adopted pursuant to this subdivision shall not be limited to, but shall include by reference, the regulations adopted by the State Fire Marshal pursuant to subdivision (b).(b)The State Fire Marshal, in consultation with the department, shall adopt fire prevention regulations for a major waste tire facility.(c)Regulations adopted pursuant to subdivision (a) shall not require the issuance of a separate permit to a solid waste disposal facility that is permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4.

 Amended IN  Senate  March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1181Introduced by Senator HuesoFebruary 17, 2022 An act to amend Section 42820 of add Section 42885.7 to the Public Resources Code, and to add Section 27466 to the Vehicle Code, relating to solid waste. tires.LEGISLATIVE COUNSEL'S DIGESTSB 1181, as amended, Hueso. Solid waste: waste tires. Used tires: sale and export.(1) The California Tire Recycling Act requires the Department of Resources Recycling and Recovery to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for the waste tire program. The act requires the biennial update to describe the effectiveness of each element of the waste tire program, including specified border region activities that include, among others, tracking both the legal and illegal waste and used tire flow across the border and recommending revisions to the waste tire policies of California and Mexico.This bill would require the department to strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora. The bill would require the department to work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California.(2) Existing law prohibits an automotive repair dealer from installing an unsafe used tire, as defined, on a motor vehicle for use on a highway. Existing law prohibits a dealer or a person holding a retail sellers permit from selling, offering for sale, exposing for sale, or installing on a vehicle axle, a pneumatic tire for use on a highway when the tire has a tread depth of less than a specified amount, except as specified. A violation of these provisions is a crime.This bill would prohibit a person from selling an unsafe used tire, as defined, for use by a motor vehicle on a highway. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Office of Environmental Health Hazard Assessment, to adopt regulations set forth the procedures and requirements necessary to obtain a major waste fire facility permit. Existing law requires the State Fire Marshal, in consultation with the department, to adopt fire prevention regulations for a major waste tire facility.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES 

 Amended IN  Senate  March 15, 2022

Amended IN  Senate  March 15, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1181

Introduced by Senator HuesoFebruary 17, 2022

Introduced by Senator Hueso
February 17, 2022

 An act to amend Section 42820 of add Section 42885.7 to the Public Resources Code, and to add Section 27466 to the Vehicle Code, relating to solid waste. tires.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1181, as amended, Hueso. Solid waste: waste tires. Used tires: sale and export.

(1) The California Tire Recycling Act requires the Department of Resources Recycling and Recovery to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for the waste tire program. The act requires the biennial update to describe the effectiveness of each element of the waste tire program, including specified border region activities that include, among others, tracking both the legal and illegal waste and used tire flow across the border and recommending revisions to the waste tire policies of California and Mexico.This bill would require the department to strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora. The bill would require the department to work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California.(2) Existing law prohibits an automotive repair dealer from installing an unsafe used tire, as defined, on a motor vehicle for use on a highway. Existing law prohibits a dealer or a person holding a retail sellers permit from selling, offering for sale, exposing for sale, or installing on a vehicle axle, a pneumatic tire for use on a highway when the tire has a tread depth of less than a specified amount, except as specified. A violation of these provisions is a crime.This bill would prohibit a person from selling an unsafe used tire, as defined, for use by a motor vehicle on a highway. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Office of Environmental Health Hazard Assessment, to adopt regulations set forth the procedures and requirements necessary to obtain a major waste fire facility permit. Existing law requires the State Fire Marshal, in consultation with the department, to adopt fire prevention regulations for a major waste tire facility.This bill would make nonsubstantive changes to those provisions.

(1) The California Tire Recycling Act requires the Department of Resources Recycling and Recovery to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for the waste tire program. The act requires the biennial update to describe the effectiveness of each element of the waste tire program, including specified border region activities that include, among others, tracking both the legal and illegal waste and used tire flow across the border and recommending revisions to the waste tire policies of California and Mexico.

This bill would require the department to strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora. The bill would require the department to work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California.

(2) Existing law prohibits an automotive repair dealer from installing an unsafe used tire, as defined, on a motor vehicle for use on a highway. Existing law prohibits a dealer or a person holding a retail sellers permit from selling, offering for sale, exposing for sale, or installing on a vehicle axle, a pneumatic tire for use on a highway when the tire has a tread depth of less than a specified amount, except as specified. A violation of these provisions is a crime.

This bill would prohibit a person from selling an unsafe used tire, as defined, for use by a motor vehicle on a highway. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Office of Environmental Health Hazard Assessment, to adopt regulations set forth the procedures and requirements necessary to obtain a major waste fire facility permit. Existing law requires the State Fire Marshal, in consultation with the department, to adopt fire prevention regulations for a major waste tire facility.



This bill would make nonsubstantive changes to those provisions.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 42885.7 is added to the Public Resources Code, to read:42885.7. (a) The department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.(b) The department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, including, but not limited to, exports of wrecked vehicles for auto dismantlers.SEC. 2. Section 27466 is added to the Vehicle Code, to read:27466. (a) A person shall not sell an unsafe used tire for use by a motor vehicle on a highway.(b) For purposes of this section, unsafe used tire has the same meaning as defined in Section 9889.30 of the Business and Professions Code.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 42820 of the Public Resources Code is amended to read:42820.(a)The department, in consultation with the Office of Environmental Health Hazard Assessment, shall adopt regulations setting forth the procedures and requirements necessary to obtain a major waste tire facility permit. The regulations adopted pursuant to this subdivision shall not be limited to, but shall include by reference, the regulations adopted by the State Fire Marshal pursuant to subdivision (b).(b)The State Fire Marshal, in consultation with the department, shall adopt fire prevention regulations for a major waste tire facility.(c)Regulations adopted pursuant to subdivision (a) shall not require the issuance of a separate permit to a solid waste disposal facility that is permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4.

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 42885.7 is added to the Public Resources Code, to read:42885.7. (a) The department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.(b) The department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, including, but not limited to, exports of wrecked vehicles for auto dismantlers.

SECTION 1. Section 42885.7 is added to the Public Resources Code, to read:

### SECTION 1.

42885.7. (a) The department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.(b) The department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, including, but not limited to, exports of wrecked vehicles for auto dismantlers.

42885.7. (a) The department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.(b) The department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, including, but not limited to, exports of wrecked vehicles for auto dismantlers.

42885.7. (a) The department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.(b) The department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, including, but not limited to, exports of wrecked vehicles for auto dismantlers.



42885.7. (a) The department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.

(b) The department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, including, but not limited to, exports of wrecked vehicles for auto dismantlers.

SEC. 2. Section 27466 is added to the Vehicle Code, to read:27466. (a) A person shall not sell an unsafe used tire for use by a motor vehicle on a highway.(b) For purposes of this section, unsafe used tire has the same meaning as defined in Section 9889.30 of the Business and Professions Code.

SEC. 2. Section 27466 is added to the Vehicle Code, to read:

### SEC. 2.

27466. (a) A person shall not sell an unsafe used tire for use by a motor vehicle on a highway.(b) For purposes of this section, unsafe used tire has the same meaning as defined in Section 9889.30 of the Business and Professions Code.

27466. (a) A person shall not sell an unsafe used tire for use by a motor vehicle on a highway.(b) For purposes of this section, unsafe used tire has the same meaning as defined in Section 9889.30 of the Business and Professions Code.

27466. (a) A person shall not sell an unsafe used tire for use by a motor vehicle on a highway.(b) For purposes of this section, unsafe used tire has the same meaning as defined in Section 9889.30 of the Business and Professions Code.



27466. (a) A person shall not sell an unsafe used tire for use by a motor vehicle on a highway.

(b) For purposes of this section, unsafe used tire has the same meaning as defined in Section 9889.30 of the Business and Professions Code.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

### SEC. 3.





(a)The department, in consultation with the Office of Environmental Health Hazard Assessment, shall adopt regulations setting forth the procedures and requirements necessary to obtain a major waste tire facility permit. The regulations adopted pursuant to this subdivision shall not be limited to, but shall include by reference, the regulations adopted by the State Fire Marshal pursuant to subdivision (b).



(b)The State Fire Marshal, in consultation with the department, shall adopt fire prevention regulations for a major waste tire facility.



(c)Regulations adopted pursuant to subdivision (a) shall not require the issuance of a separate permit to a solid waste disposal facility that is permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4.