Solid Waste Managment AB 3358 (Ackerman)

SUMMARY

AB 3358 will make a number of changes needed to "clean-up" code sections which are currently unclear or difficult to implement. In addition, the bill would make technical, "housekeeping" changes, making effective implementation of the law more easily attainable.

BACKGROUND:

AB 3358 affects several subject areas. Among the issues addressed in this legislation are commercial lender licensing requirements, confidentiality of trade secrets, clean-up of AB 1220 (Ch. 656, Stats. 1993) and AB 1071 (Ch. 191, Stats. 1995) and out-of-state oil recycling facility compliance determination.

Commercial Lender Licensing: The IWMB lends money to businesses within Recycling Market Development Zones to encourage recycling business development in California. The Financial Code sets out lender licensing requirements from which the IWMB was previously exempted.

Trade Secrets: The IWMB is charged with implementing a number of programs designed to stimulate the use of postconsumer and secondary waste materials generated in California as raw materials for other products. In the course of implementing these market development programs, the IWMB needs certain information which may be described as proprietary, trade secret, or confidential, either financial or personal.

Chapter 656 Clean-Up: Chapter 656 (Statutes of 1993) eliminated most of the duplication and overlap between the IWMB and the State Water Resources Control Board (SWRCB).

PROBLEM:

Separate sections describing needed changes to each of the larger issues addressed in this legislation appear below.

Commercial Lender Licensing: In the area of commercial lender licensing, statutory changes effective July 1, 1995 inadvertently omitted the IWMB's exemption. Without the exemption, the IWMB must apply for and pay a fee for a license and must comply with an annual reporting requirement.

Trade Secrets: Current law does not allow the IWMB to conduct closed sessions related to the consideration of confidential or proprietary information.

Chapter 656 Clean-up: Due to the addition and repeal of various sections of law, some cross reference changes were not made in Chapter 656, and not all sections of law were amended to be consistent with the intent of the bill.

ANALYSIS:

AB 3358 would:

1. Exempt the IWMB from commercial lender licensing requirements;
2. Allow trade secrets divulged to the IWMB in the course of business to remain confidential;
3. Provide clarifying language to encourage state agencies to purchase recycled products that have comparable quality to non-recycled products;
4. Eliminate cross references and duplication resulting from enactment of Chapter 656 of 1993;
5. Change to a more reasonable timeframe the IWMB application review period for cement kiln operators as set by Chapter 191/1995; and
6. Relax the requirement that the IWMB determine compliance for out-of-state oil recycling facilities that receive incentive payments.

CONTACT:

Patty Zwarts, Legislative Director, Integrated Waste Management Board, (916) 255-2206