2007 California Public Resources Code Article 3. Tire Recycling

CA Codes (prc:42870-42875)

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) (1) In addition to the purposes listed in Section
42872, the tire recycling program may include the awarding of grants
to cities, counties, and other local government agencies for the
funding of public works projects that use rubberized asphalt
concrete. In addition to the factors listed in Sections 42874 and
42875, the board may award a grant for a public works project that
uses rubberized asphalt concrete if the project will use at least
1,250 tons of rubberized asphalt concrete during the life of the
project and will use 20 pounds or more of crumb rubber per ton of
rubberized asphalt concrete.
   (2) The board shall annually determine the amount of a grant to be
awarded pursuant to this section, based on the per ton amount of
rubberized asphalt concrete to be used in the project.
   (3) The board shall not award a grant pursuant to this section
that exceeds a maximum amount of two hundred fifty thousand dollars
(0,000).
   (b) The grants authorized 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 materials, any funds appropriated pursuant to this section
shall not be less than 16 percent of the funds appropriated 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 shall create, annually update, and post on its
Internet Web site a database of public works projects that include
rubberized asphalt concrete that were completed by local agencies
under the program established by this section.
   (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
the data and descriptions provided under paragraph (2).
   (4) The board shall provide technical support to local agencies on
the design and application for rubberized asphalt concrete.
  (d) This section shall become inoperative on June 30, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, 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) Rubberized asphalt, asphalt rubber, modified binders, and chip
seals.
   (B) Playground equipment.
   (C) Crash barriers.
   (D) Erosion control materials.
   (E) Nonslip floor and track surfacing.
   (F) Oilspill recovery equipment.
   (G) Roofing adhesives.
   (H) Tire-derived aggregate applications, including lightweight
fill and vibration mitigation.
   (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.