Recycling: waste tires: fees.

(1) The California Tire Recycling Act requires a person who purchases a new tire to pay a California tire fee and the revenue generated from the fee is deposited in the California Tire Recycling Management Fund, for expenditure by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, for programs related to the disposal of waste tires, except that a specified amount of the fee is designated for programs and projects that mitigate or remediate air pollution caused by waste tires. The tire fee is imposed upon, among other things, a new tire sold with a new or used motor vehicle, including the spare tire. Existing law authorizes the department to enter into a contract with the State Board of Equalization to collect the fee pursuant to the Fee Collection Procedures Law, which provides for criminal penalties for certain violations of that law. This bill would exclude, from the tire fee, a tire on a vehicle that is sold or leased by a new motor vehicle dealer. The bill would instead require a person who purchases or leases those vehicles to pay a California vehicle tire fee and would require the retail vehicle seller, as defined, to collect the California vehicle tire fee. The retail vehicle seller would be required to remit the fee, except as specified, to the state for deposit in the California Tire Recycling Management Fund. The bill would also make conforming changes with regard to the vehicle tire fee, including conforming changes to the Automobile Sales Finance Act. The bill would impose a state-mandated local program by creating new crimes with regard to the collection of the California new vehicle tire fee. The bill would require the State Board of Equalization, in consultation with the State Air Resources Board and the Department of Resources Recycling and Recovery, to submit a report to the Legislature, by January 1, 2012, regarding the fiscal effect of the imposition of the California vehicle tire fee. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.