2005 California Public Resources Code Sections 42870-42875 Article 3. Tire Recycling

42870.  It is the intent of the Legislature:
   (a) To reduce the landfill disposal and stockpiling of used whole
tires by 25 percent within four years of full implementation of a
statewide tire recycling  program and to recycle and reclaim used
tires and used tire components to the greatest extent possible in
order to recover valuable natural resources.
   (b) To eliminate illegal dumping and unnecessary stockpiling of
used tires.
42871.  The board shall administer a tire recycling program that
promotes and develops alternatives to the landfill disposal of used
whole tires.
42872.  The tire recycling program may include, but is not limited
to, the following:
   (a) The awarding of grants, subsidies, and loans to businesses or
other enterprises, and public entities, involved in activities and
applications that result in reduced landfill disposal of used whole
tires and reduced illegal disposal or stockpiling of used whole
tires.
   (b) The awarding of grants for research aimed at developing
technologies or improving current activities and applications that
result in reduced landfill disposal of used whole tires.
   (c) The awarding of grants or loans for the evaluation, planning,
design, improvement, and implementation of alternative used tire
recycling programs in this  state.
   (d) The awarding of grants or loans to businesses which shred used
tires for purposes of recycling.
   (e) Development and implementation of an information and education
program, including seminars and conferences, aimed at promoting
alternatives to the landfill disposal of used whole tires.
   (f) The awarding of grants or loans to tire shredding programs at
authorized landfills, solid waste transfer stations, or dedicated
tire shredding facilities, including the direct purchase of shredders
or financing of shredder contracts.
42872.5.  (a) In addition to the purposes listed in Section 42872,
the tire recycling program may include the awarding of grants to
cities, counties, districts, and other local governmental agencies
for the funding of public works projects that use rubberized asphalt
concrete.  In addition to the factors listed in Sections 42874 and
42875, a grant for a public works project that uses rubberized
asphalt concrete shall be awarded subject to all of the following:
   (1) A grant shall be limited to a project that is both projected
to generate between 2,500 and 20,000 tons of rubberized asphalt
concrete during the life of the project and that uses 20 pounds or
more of crumb rubber per ton of rubberized asphalt concrete.
   (2) The amount of a grant that qualifies under paragraph (1) shall
be equal to two dollars and fifty cents ($2.50) for each ton of
rubberized asphalt concrete projected to be generated by the project.
   (3) The total amount of a grant that qualifies under paragraph (1)
shall be six thousand two hundred fifty dollars ($6,250) or more,
but not more than fifty thousand dollars ($50,000), as determined
pursuant to paragraph (2).
   (b) Grants made under this section shall be funded by an
appropriation in the annual Budget Act from the California Tire
Recycling Management Fund established pursuant to Section 42885.  To
the extent possible, depending on the number of qualified
applications and whether there is a sufficient supply of crumb
rubber, funds allocated pursuant to this section shall be equal to 16
percent of the funds budgeted pursuant to this chapter for market
development and new technology activities for used tires and waste
tires.
   (c) In order to provide outreach to local agencies regarding the
use of rubberized asphalt concrete in public works projects, all of
the following shall occur:
   (1) The board, in cooperation with its Rubberized Asphalt Concrete
Technology Centers, shall create, annually update, and post on each
center's Internet Web site a data base of public works projects that
include rubberized asphalt concrete that were completed by local
agencies.
   (2) The Department of Transportation shall post on its public
Internet Web site data and descriptions regarding state public works
projects using rubberized asphalt concrete.
   (3) The board shall post on its public Internet Web site a link to
connect to the data base created under paragraph (1) and the data
and descriptions provided under paragraph (2).
   (d) This section shall become inoperative on June 30, 2006, and,
as of January 1, 2007, is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends the dates
on which it becomes inoperative and is repealed.
42873.  (a) Activities eligible for funding under this article, that
reduce, or that are designed to reduce or promote the reduction of,
landfill disposal of used whole tires, may include the following:
   (1) Polymer treatment.
   (2) Rubber reclaiming and crumb rubber production.
   (3) Retreading.
   (4) Shredding.
   (5) The manufacture of products made from used tires, including,
but not limited to, all of the following:
   (A) Artificial reefs.
   (B) Rubber asphalt.
   (C) Playground equipment.
   (D) Crash barriers.
   (E) Erosion control materials.
   (F) Nonslip floor and track surfacing.
   (G) Oilspill recovery equipment.
   (H) Roofing adhesives.
   (6) Other environmentally safe applications or treatments
determined to be appropriate by the board.
   (b) (1) The board may not expend funds for an activity that
provides support or research for the incineration of tires.  For the
purposes of this article, incineration of tires, includes, but is not
limited to, fuel feed system development, fuel sizing analysis, and
capacity and production optimization.
   (2) Paragraph (1) does not affect the permitting or regulation of
facilities that engage in the incineration of tires.
42874.  The board shall evaluate applications for loans or grants
under this article based upon, but not limited to, the following
factors in the proposal:
   (a) The quantity of used tires that will be diverted from
landfills.
   (b) The estimated cost per tire in the recycling, processing, or
conversion process.
   (c) The availability of markets for the recycled tire product.
   (d) The degree to which the processing program mitigates or avoids
adverse environmental effects.
42875.  The board may also consider the following factors in
awarding grant or loan applications:
   (a) The ability of the proposed processing program to integrate
with existing or proposed solid waste management activities.
   (b) Financial support for implementation and operation of the
proposed processing program from sources other than loans and grants
from the board.
   (c) The degree to which the technical approach of the proposal
makes the loan and grant program financially self-sufficient.
   (d) The degree to which the program can be measured or evaluated
for success.
   (e) The probability that the processing program can be implemented
and operated with the funds applied for and the amount of funds
sought.
   (f) The time that the land or property on which the proposed
processing facility is available to the applicant.  No proposal shall
be considered for a loan or grant unless the property or facility is
available for at least five years.
   (g) The business plan for operation of the facility.