Laws, Regulations & Annotations
Business Taxes Law Guide – Revision 2016
California Tire Fee
Chapter 17. California Tire Recycling Act
Article 5. Financial Provisions
42885.5. Goals and priorities. (a) The department 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 department shall submit the adopted five-year plan to the appropriate policy and fiscal committees of the Legislature. The department shall include in the plan elements addressing programmatic and fiscal issues, including, but not limited to, the hierarchy used by the department to maximize productive uses of waste and used tires, and the performance objectives and measurement criteria used by the department to evaluate the success of its waste and used tire recycling program. Additionally, based upon performance measures developed by the department, , the plan shall describe the effectiveness of each element of the program, 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, the registration of, and reporting by, tire brokers, and the manifest system.
(6) A description of the grants, loans, contracts, and other expenditures proposed to be made by the department under the tire recycling program.
(7) Until June 30, 2015, 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) In coordination with the California-Mexico Border Relations Council, development of a waste tire abatement , which may also provide for the abatement of solid waste, 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 recommending 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, and support the cleanup of illegally disposed waste tires and solid waste along the border that could negatively impact California’s environment.
(9) Grants to certified community conservation corps and community conservation corps, pursuant to paragraph (3) of subdivision (a) of, and paragraph (3) of subdivision (b) of, Section 17001, for purposes of the programs specified in paragraphs (2) and (6) and for related education and outreach.
(c) The department 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). Stats. 2012, Ch. 534 (AB 1647), in effect January 1, 2013, added "the registration of, and reporting by, tire brokers," and "the" before "manifest" to paragraph (5) of subdivision (b). Stats. 2014, Ch. 35 (SB 861), in effect June 20, 2014, added paragraph (9) to subdivision (b). Stats. 2015, Ch. 24 (SB 83), in effect June 24, 2015, substituted "plan elements addressing" for "plan," after "The department shall include in the", added a comma after "programmatic and fiscal", deleted "the plan shall describe each program element’s effectiveness," after "Additionally," and added "the plan shall describe the effectiveness of each element of the program," after "developed by the department," in subdivision (b); deleted "to" after "used tire haulers" in subparagraph (A) of paragraph (8) of subdivision (b); replaced "Development" with "In coordination with the California-Mexico Border Relations Council, development" and replaced "plan" with "plan, which may also provide for the abatement of solid waste," in subparagraph (C) of paragraph (8) of subdivision (b); substituted "recommending" for "recommended" after "across the border and" in subparagraph (D) of paragraph (8) of subdivision (b); substituted "Mexico, and support the cleanup of illegally disposed waste tires and solid waste along the border that could negatively impact California’s environment." for "Mexico that are eventually disposed of in California." after "movement of used tires from California" in subparagraph (F) of paragraph (8) 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.