Bill Text: CA SB1181 | 2021-2022 | Regular Session | Chaptered
Bill Title: Waste and used tires.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-25 - Chaptered by Secretary of State. Chapter 542, Statutes of 2022. [SB1181 Detail]
Download: California-2021-SB1181-Chaptered.html
Senate Bill
No. 1181
CHAPTER 542
An act to amend Sections 42951, 42953, 42954, 42955, 42956, 42961.5, 42962, 42962.5, 42963, 42964, 42966, and 42967 of, and to add Section 42885.7 to, the Public Resources Code, relating to tires.
[
Approved by
Governor
September 25, 2022.
Filed with
Secretary of State
September 25, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 1181, Hueso.
Waste and used tires.
(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 the extent feasible, 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,
Mexico, and the nearby State of Sonora, Mexico. The bill would require the department, to the extent feasible, to work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, Mexico.
(2) Existing law requires a person generating waste or used tires that are transported or submitted for transportation to submit a California Uniform Waste and Used Tire Manifest, as defined, to the waste and used tire hauler and to submit copies of the manifest to the Department of Resources Recycling and Recovery. A waste and used tire hauler is required to possess that manifest while transporting waste or used tires, and the operator of a waste or used tire facility is required to
submit a copy of the manifest to the department and the generator. Existing law authorizes submitting an electronic report in lieu of submitting a manifest copy under these provisions, if approved by the department. Existing law authorizes the department to adopt regulations necessary or useful to carry out those and related provisions, and imposes a civil penalty on a person who violates any of those provisions or regulations.
This bill would revise and recast the waste and used tire manifest provisions, including revising the definition of “California Uniform Waste and Used Tire Manifest” and requiring a hauler to have the manifest readily accessible in the transporting vehicle during transportation by paper copy or electronic means. The bill would require a waste or used tire facility to check that the information on a manifest is correct at the time of transfer in a manner required by the department. The bill would authorize the department to require the use of
an electronic format in lieu of a paper manifest copy under these provisions. The bill would also make related and nonsubstantive changes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill 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) To the extent feasible, 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, Mexico, and the nearby State of Sonora, Mexico.(b) To the extent feasible, 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, Mexico, including,
but not limited to, exports of wrecked vehicles for auto dismantlers.
SEC. 2.
Section 42951 of the Public Resources Code is amended to read:42951.
(a) Every person who engages in the transportation of waste or used tires shall hold a valid waste and used tire hauler registration, unless exempt as specified in Section 42954.(b) A registered waste and used tire hauler shall only transport waste or used tires to a facility that is permitted, excluded, exempted, or otherwise authorized by the department, by statute, or by regulation, to accept waste and used tires, or to a facility that lawfully accepts waste or used tires for reuse or disposal.
SEC. 3.
Section 42953 of the Public Resources Code is amended to read:42953.
Any person who gives, contracts, or arranges with another person to transport waste or used tires shall utilize only a person holding a valid waste and used tire hauler registration from the department, unless the hauler is exempt as specified in Section 42954.SEC. 4.
Section 42954 of the Public Resources Code is amended to read:42954.
(a) A person who hauls waste or used tires is exempt from registration under this chapter if at least one of the following conditions is met:(1) The person transports fewer than 10 waste or used tires at any one time.
(2) The person is, or hauls used and waste tires in a vehicle owned and operated by, the United States, the State of California, or any county, city, town, or municipality in the state, except when the vehicle the public agency owns or operates is used as a waste and used tire carrier for hire.
(3) The waste or used tires were inadvertently mixed
or commingled with solid waste, and it is not economical or safe to remove or recover them.
(4) The load containing the used or waste tires originated outside the boundaries of the state and is destined for a point outside the boundaries of the state, if no waste or used tires are loaded or unloaded within the boundaries of the state.
(5) The person is hauling waste or used tires for agricultural purposes. However, notwithstanding Section 42961.5, a person hauling waste or used tires for agricultural purposes shall carry the manifest or manifest information required by paragraph (1) of subdivision (a) of Section 42961.5 in a format approved or required by the department in the vehicle during transportation, which may be destroyed after delivery.
(6) The waste or used tires were hauled by a common carrier who transported something other than waste or used tires to an original destination point and then transported waste or used tires on the return part of the trip, and the revenue derived from the waste or used tires is incidental when compared to the revenue earned by the carrier.
(7) The person, who is not a waste tire generating business, is transporting waste or used tires to an amnesty day event or to a location that meets the conditions specified in subdivision (b) of Section 42951, and has received written authorization, which includes specific conditions and dates, from the local enforcement agency. The local enforcement agency shall provide copies of any written authorizations to the department within 30 days of
their issuance.
(8) The person is transporting illegally dumped waste or used tires to an amnesty day event or to a location that meets the conditions specified in subdivision (b) of Section 42951, and has received written authorization, which includes specific conditions and dates and documentation that a police report has been filed for the illegally dumped tires, from the local enforcement agency. The local enforcement agency shall provide copies of any written authorizations to the department within 30 days of their issuance.
(9) The person complies with any additional conditions for exemption, as approved by the department.
(b) A person who transports tires to a location that does not meet the conditions
specified in subdivision (b) of Section 42951 shall not be exempt pursuant to subdivision (a), except as specified in paragraph (7) of subdivision (a).
SEC. 5.
Section 42955 of the Public Resources Code is amended to read:42955.
An application for a new or renewed waste and used tire hauler registration shall be made on a form approved by the department. The application shall include, but not be limited to, all of the following:(a) A vehicle description, vehicle identification number, vehicle license number, and the name of the registered vehicle owner for each vehicle used for transporting waste or used tires.
(b) The business name under which the hauler operates, and the business owners’ name, address, and telephone number.
(c) Other business names under which the hauler
operates.
(d) A bond in favor of the State of California in the amount of ten thousand dollars ($10,000). Proof of bond renewal shall be submitted with the application for annual renewal of a waste and used tire hauler registration.
(e) Any additional information required by the department.
SEC. 6.
Section 42956 of the Public Resources Code is amended to read:42956.
(a) Upon approval of an application submitted pursuant to Section 42955, the department shall issue a waste and used tire hauler registration to be carried in the vehicle and a waste and used tire hauler decal to be permanently affixed to the lower right hand corner of the windshield.(b) Any person who operates a vehicle or who authorizes the operation of a vehicle that transports 10 or more tires without a valid and current waste and used tire hauler registration, as issued by the department pursuant to Section 42955, shall be subject to the enforcement actions specified in Article 4 (commencing with Section 42962).
(c) The waste and used tire hauler registration shall be presented upon demand of an authorized representative of the department.
SEC. 7.
Section 42961.5 of the Public Resources Code is amended to read:42961.5.
(a) For purposes of this chapter, the following definitions shall apply:(1) “California Uniform Waste and Used Tire Manifest” or “manifest” means a shipping record that contains all of the information required by the department, including, but not limited to, an accurate measurement of the number of tires being shipped, the type or types of the tires, the date the shipment originated or reached its destination, and the origin and intended final destination of the shipment, in a format approved or required by the department.
(2) “Waste and used tire hauler” means any person required to be
registered with the department pursuant to subdivision (a) of Section 42951.
(b) Any waste and used tire hauler transporting waste or used tires for offsite handling, altering, storage, or disposal, or for any combination thereof, shall complete a California Uniform Waste and Used Tire Manifest, in a manner approved or required by the department.
(c) (1) Any waste and used tire hauler shall have the California Uniform Waste and Used Tire Manifest readily accessible in the transporting vehicle during transportation by paper copy or electronic means. The manifest shall be shown upon demand to any representative of the department, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any
local public officer designated by the department.
(2) For each load of waste and used tires transferred, a waste and used tire hauler shall provide the completed manifest or the completed manifest information in a format approved by the department to the operator of the waste or used tire facility from which the waste and used tire hauler is receiving or transferring waste or used tires, or to which the waste and used tire hauler is transferring waste or used tires, at the time of transfer.
(3) Each waste and used tire hauler shall maintain a copy of each completed manifest or the completed manifest information in a manner approved or required by the department for a period of time required by the department, and shall submit to the department a legible copy of each
manifest or the manifest information, in a format required by the department, including, but not limited to, an electronic format, within a set time period required by the department. The manifest or manifest information submitted to the department shall contain the signed acknowledgment of the waste tire facility from or to which waste or used tires were transferred.
(d) (1) Each waste or used tire facility that transfers waste or used tires to a waste and used tire hauler or that receives waste or used tires from a waste or used tire hauler that was transported with a manifest pursuant to this section shall maintain copies of the manifest or manifest information in a format authorized or required by the department, and any other information the department deems necessary to track the flow of waste and used tires
through the state, for each load of waste or used tires transferred or received, and make the manifest copies or manifest information available for review at the department’s request. The copy submitted to the department shall contain the approval of each transporter and the facility operator.
(2) Each waste or used tire facility that transfers waste or used tires to a waste and used tire hauler or that receives waste or used tires from a waste or used tire hauler that was transported with a manifest pursuant to this section shall check that the information on the manifest or in the manifest information recorded by the waste and used tire hauler is correct at the time of transfer in a manner required by the department.
(e) The department shall develop and implement a system for auditing
manifests submitted to the department pursuant to this section, for the purpose of enforcing this section. The department or its agent shall continuously conduct random sampling and matching of manifests submitted by any person generating waste or used tires, hauling waste or used tires, or operating waste or used tire facilities, to assure compliance with this section.
(f) (1) The department may require any waste and used tire generator, waste and used tire hauler, or operator of a waste tire facility that is subject to the manifest requirements of this section to record, maintain, and submit the required manifest information in an electronic format, in lieu of maintaining and submitting a paper copy of the manifest. The electronic record shall include all information
required to be on the California Uniform Waste and Used Tire Manifest, and any other information required by the department.
(2) A waste and used tire generator, waste and used tire hauler, or operator of a waste tire facility that is subject to paragraph (1) may submit the electronic reports to the board on a schedule determined by the department.
SEC. 8.
Section 42962 of the Public Resources Code is amended to read:42962.
(a) Any person who does any of the following shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation of a separate provision or for continuing violations for each day that violation continues:(1) Intentionally or negligently violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.
(2) Knowingly, or with reckless disregard, makes any false statement or representation in any application, manifest, record, report, permit, or other document filed, maintained, or used for purposes of
compliance with this chapter.
(b) Liability under subdivision (a) may be imposed in a civil action.
(c) In addition to the civil penalty that may be imposed pursuant to subdivision (a), the department may impose civil penalties administratively 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 violation continues, on any person who intentionally or negligently violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter. The department shall adopt regulations that specify the procedures and amounts for the imposition of administrative civil penalties pursuant to this subdivision.
SEC. 9.
Section 42962.5 of the Public Resources Code is amended to read:42962.5.
Any traffic officer, as defined in Section 625 of the Vehicle Code, and any peace officer, as specified in Section 830.1 of the Penal Code, may enforce this chapter as authorized representatives of the department.SEC. 10.
Section 42963 of the Public Resources Code is amended to read:42963.
(a) This chapter, or any regulations adopted pursuant to Section 42966, is not a limitation on the power of a city, county, or district to impose and enforce reasonable land use conditions or restrictions on facilities that handle waste or used tires in order to protect the public health and safety or the environment, including preventing or mitigating potential nuisances, if the conditions or restrictions do not conflict with, or impose less stringent requirements than, this chapter or those regulations. However, this chapter, including any regulations that are adopted pursuant to Section 42966, is intended to establish a uniform statewide program for the regulation of waste and used tire haulers that will prevent the illegal disposal of tires, but that will not subject waste and used tire haulers to multiple registration or manifest requirements. Therefore, any local laws regulating the transportation of waste or used tires are preempted by this chapter.(b) Upon request of a city, county, or city and county, the department may designate, in writing, that city, county, or city and county to exercise the enforcement authority granted to the department under this chapter. A city, county, or city and county designated by the department pursuant to this subdivision shall follow the same procedures set forth for the department under this article. This designation shall not limit the authority of the department to take action it deems necessary or proper to ensure the enforcement of this chapter.
SEC. 11.
Section 42964 of the Public Resources Code is amended to read:42964.
The department may expend funds from the California Tire Recycling Management Fund, upon appropriation by the Legislature, for purposes of implementation of this chapter.SEC. 12.
Section 42966 of the Public Resources Code is amended to read:42966.
The department shall administer this chapter. The department may adopt any regulations necessary or useful to carry out this chapter or any of the department’s duties or responsibilities imposed pursuant to this chapter. The department shall initially, as soon as possible, adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for safety, and general welfare. Emergency regulations adopted pursuant to this section shall remain in effect for a period not to exceed 120 days.SEC. 13.
Section 42967 of the Public Resources Code is amended to read:42967.
(a) The costs of administering this chapter shall be paid from fees deposited in the California Tire Recycling Management Fund pursuant to Section 42889.(b) The department may develop a legislative proposal for an alternative fee system for the payment of the costs of administering this chapter and submit that proposal to the Legislature for its consideration as part of the 1994–95 fiscal year budget review process.
