Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2012

California Tire Fee

Chapter 17. California Tire Recycling Act

Article 5. Financial Provisions

Section 42885.5

42885.5. Goals and priorities. (a) The deletiondepartment shall adopt a five-year plan, which shall be updated every two years, to establish goals and priorities for the waste tire program and each program element.

(b) On or before July 1, 2001, and every two years thereafter, the deletiondepartment shall submit the adopted five-year plan to the appropriate policy and fiscal committees of the Legislature. The deletiondepartment shall include in the plan, programmatic and fiscal issues including, but not limited to, the hierarchy used by the deletiondepartment to maximize productive uses of waste and used tires, and the performance objectives and measurement criteria used by the deletiondepartment to evaluate the success of its waste and used tire recycling program. Additionally, the plan shall describe each program element's effectiveness, based upon performance measures developed by the deletiondepartment, including, but not limited to, the following:

(1) Enforcement and regulations relating to the storage of waste and used tires.

(2) Cleanup, abatement, or other remedial action related to waste tire stockpiles throughout the state.

(3) Research directed at promoting and developing alternatives to the landfill disposal of waste tires.

(4) Market development and new technology activities for used tires and waste tires.

(5) The waste and used tire hauler program and manifest system.

(6) A description of the grants, loans, contracts, and other expenditures proposed to be made by the deletiondepartment under the tire recycling program.

(7) Until June 30, deletion2015, the grant program authorized under Section 42872.5 to encourage the use of waste tires, including, but not limited to, rubberized asphalt concrete technology in public works projects.

(8) Border region activities, conducted in coordination with the California Environmental Protection Agency, including, but not limited to, all of the following:

(A) Training programs to assist Mexican waste and used tire haulers to meet the requirements for hauling those tires in California.

(B) Environmental education training.

(C) Development of a waste tire abatement plan, with the appropriate government entities of California and Mexico.

(D) Tracking both the legal and illegal waste and used tire flow across the border and recommended revisions to the waste tire policies of California and Mexico.

(E) Coordination with businesses operating in the border region and with Mexico, with regard to applying the same environmental and control requirements throughout the border region.

(F) Development of projects in Mexico in the California-Mexico border region, as defined by the La Paz Agreement, that include, but are not limited to, education, infrastructure, mitigation, cleanup, prevention, reuse, and recycling projects, that address the movement of used tires from California to Mexico that are eventually disposed of in California.

(c) The deletiondepartment shall base the budget for the California Tire Recycling Act and program funding on the plan.

(d) The plan may not propose financial or other support that promotes, or provides for research for the incineration of tires.

History.—Stats. 2006, Ch. 300 (SB 369), in effect January 1, 2007, deleted the comma after "board shall include" and added comma after "waste and used tires" in second sentence of subdivision (b); substituted "2010" for "2006" after "Until June 30," in paragraph 7 of subdivision (b); and added paragraph (8) and subparagraphs (A), (B), (C), (D), and (E) of new paragraph (8) of subdivision (b). Stats. 2009, Ch. 333 (SB 167), in effect January 1, 2010, added subparagraph (F) in paragraph (8) of subdivision (b). Stats. 2011, Ch. 573 (AB 525), in effect January 1, 2012, substituted "department" for "board" throughout the section; substituted "2015" for "2010" after "Until June 30,", added "waste tires, including, but not limited to," after "encourage the use of", and added a comma after "concrete technology" in paragraph (7) of subdivision (b).

Note.—Stats. 2009, Ch. 333 (SB 167), Section 1, provides the Legislature finds and declares all of the following:

(a) According to the California Integrated Waste Management Board's Five Year Plan for the Waste Tire Recycling Management Program, Fourth Edition, issued on July 1, 2007, nearly 2.3 million reusable and waste tires were exported from California with many of the tires exported to Mexico.

(b) Many of the tires exported to Mexico have a very short life span and are illegally disposed of or are used inappropriately for structural purposes in shanty towns and colonias in or near the City of Tijuana, Mexico.

(c) Illegally disposed tires on the Mexico side of the border have caused environmental issues in California, such as tires entering into the Tijuana Estuary and smoke from tire fires in Mexicali dispersing into Calexico.

(d) During the wet weather months, stormwater carries thousands of waste tires back across the border from Tijuana into California through the Tijuana River channel and open culverts in the border fence.

(e) Waste tires from Tijuana blanket the sensitive ecosystems of the Tijuana River Valley, Estuary, and Border Field State Park. Approximately 80,000 pounds of tires are removed by hand each year from the river, sediment basins, and the sensitive habitats of the Tijuana River Valley and the Tijuana River National Estuarine Research Reserve.

(f) Waste tires that cannot be removed serve as breeding grounds for mosquitoes, viruses, and rodents threatening the public health.

(g) Federal, state, and local agencies spend between five dollars ($5) and thirteen dollars ($13) to excavate each tire that is ultimately deposited in a California landfill.

(h) It is more efficient and cost effective to work directly with agencies in Baja California to invest in, and develop cooperative recycling and reuse projects, mirroring the effective waste tire programs in California.