"California Governor signs Firestone bill. A tire-fee
extension bill and two others await signature."
On August 17, California Governor Pete Wilson signed AB
2181 which was introduced by state Assemblyman Brooks Firestone
(R-Los Olivos) earlier this year.
The final version of AB 2181 enacted into law established
fines ranging from $500 per day of violation to $5,000 per
day per violation for neglient violators of the state's waste
tire storage requirements.
Intentional violaters may be charge up to $10,000 per violation
plus up to one-year in a county jail, or both. Previous regulations
required only a fine, no jail time and specified that an illegal
tire dumper needed to be caught in the act of dumping scrap
tires before he could be prosecuted.
Meanwhile, legislation which would extend 25-cent per tire
fee for an addtional eighteen months still awaits the Governor's
signature. AB 117 legislation extending the fee (Escutia,
D-Bell) was hammered out in the final days of California's
two-year legistive session witht he State Senate passing the
measure 27 to3 before returning it to the Assembly for concurrence
in amendments.
According to the California Tire Report, the lower house
passed the bill 58 to 17.
In addition to extending the tire fee - now scheduled to
expire on June 30, 1999- to January 1, 2001, the final bill
continues to exempt tires on new and used vehicles from the
fee. It allows tire retailers to retain 10 percent of the
fee for administrative costs and requires the California Integrated
Waste Management Board (CIWMB) to establish a task force to
prepare a report on tire recycling with legislative recommendations
for submittal to the legislature May 1, 1999. The bill also
calls for CIWMB to emphasize "permitting, enforcement,
anc clean up" activities in allocating FY1999-00 Tire
Fund Grants.
No decision on permits, budget initiatives Two other bills
dealing with waste tires are on Governor Wilson's desk. AB
228 (Migden, D-San Francisco) would impose fines of not less
than $1,000 and not more than $10,000 for each day of violation
for accepting or abandoning tires at unpermitted major waste
tire facilities and fines of $500 to $5,000 for minor waste
tire facilities. It also allows imprisonment of up to one
year in county jail for violations. Under the measure, local
governments which take over enforcement and prosecuation duties
fro the CIWMB would be allowed to keep any fines collected.
AB 964 (Bowen, D-Marina del Ray) requires the CIWMB to submit
its Tire Program budget recommendations to the Legislatiure
during their budget deliberations. The measure which was passed
by the legislature and sent tot eh Governor August 27 also
contained an amendment added by Assembly Member Bowenn in
the wake of the Tracy, CA tire fire (see Stn Vol 12, No 9
p 4), The new provision would allow CIWMB to enter into private
proeprty for the purpose of remediating illegal tire piles
after obtaining a court order establishing liability and determining
that there is a significant threat to the public health or
environment.
