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SB-71 Solid waste: disposal.(2017-2018)

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Date Published: 02/26/2018 09:00 PM
SB71:v93#DOCUMENT

Amended  IN  Assembly  February 26, 2018
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  May 16, 2017
Amended  IN  Senate  May 02, 2017
Amended  IN  Senate  April 18, 2017
Amended  IN  Senate  March 01, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 71


Introduced by Senator Wiener
(Coauthor: Senator Allen)

January 09, 2017


An act to add the heading of Article 1 (commencing with Section 25406) to, and to add Article 2 (commencing with Section 25408) to, Chapter 5.1 of Division 15 of the Public Resources Code, relating to energy. An act to amend Sections 41953, 41955, and 41956 of, and to amend, renumber, and add Section 41952 of, the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 71, as amended, Wiener. Electricity: solar energy systems. Solid waste: disposal.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act prohibits a person, other than an authorized recycling agent, from removing specified materials that have been segregated from solid waste materials and placed at a designated recycling collection location for residential curbside collection programs authorized by a city, county, or local agency for the purposes of collection and recycling or at a designated recycling collection location by any commercial or industrial entity. Existing law authorizes a court, in a civil action by a recycling agent against a person alleged to have violated these laws, to either allow treble damages or award a civil penalty, as specified, against the unauthorized person removing the recyclable material, and to allow treble damages or award a higher civil penalty, as specified, against a person for a second violation and subsequent violations.
This bill, where a city, county, or other local government agency has authorized a solid waste enterprise to handle solid waste, would subject an unauthorized person to these same damages for collecting, removing, or transporting solid waste generated by another person on residential, commercial, or industrial premises, except in compliance with applicable law. The bill would expand civil enforcement to knowing participation in violations of these laws, and would require a court, if a plaintiff prevails in a civil action brought pursuant to these and related provisions, to award to the plaintiff reasonable attorney’s fees, expert witness fees, and costs incurred in the course of the litigation, except as specified.

Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to develop design guidelines for new construction that include energy conserving options, including, among other things, building envelope solar heat gain control mechanisms and alternative energy systems such as solar energy for space heating and water heating and load management strategies.

Regulations on building standards adopted by the Energy Commission require certain residential and nonresidential buildings to have a solar zone, as defined, on the roof of the building that is designated and reserved for solar electric or solar thermal systems and that meets certain specifications relating to minimum area, orientation, and shading, among other things. Existing law requires a seller of production homes, as defined, to offer the option of a solar energy system, as defined, to all customers negotiating to purchase a new production home constructed on land meeting certain criteria and to disclose certain information. Existing law requires the Energy Commission, not later than July 1, 2007, to initiate a public proceeding to study and make findings whether, and under what conditions, solar energy systems should be required on new residential and nonresidential buildings and to periodically update the study thereafter.

This bill would require the Energy Commission to consider requiring, and would authorize the Energy Commission to update the building efficiency standards to require, a rooftop solar energy generation system, appropriately sized to be cost effective, to be installed in the solar zone of those buildings, during the construction of those buildings, by January 1, 2020, for residential buildings and by January 1, 2023, for nonresidential buildings. The bill would require the Commission, prior to adopting rooftop solar energy generation system requirements, to issue findings by climate zone jointly with the Department of Housing and Community Development as to whether adoption of the requirements will or will not unreasonably or unnecessarily impact the affordability of housing for Californians.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 41952 of the Public Resources Code is amended and renumbered to read:

41952. 41957.
 Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials.

SEC. 2.

 Section 41952 is added to the Public Resources Code, to read:

41952.
  Where a city, county, or other local government agency has authorized a solid waste enterprise to handle solid waste, no person shall collect, remove, or transport solid waste generated by another person from residential, commercial, or industrial premises in violation of the rights authorized by the city, county, or other local government agency, except in compliance with applicable law.

SEC. 3.

 Section 41953 of the Public Resources Code is amended to read:

41953.
 (a) In any civil action by a recycling agent or a local governmental agency against a person alleged to have violated violated, or to have knowingly participated in the violation of, Section 41950 or 41951, or by a local governmental agency or a solid waste enterprise against a person alleged to have violated, or to have knowingly participated in the violation of, Section 41952, the court may either allow treble damages, as measured by the market value of the recyclable material removed, or award a civil penalty of not more than two thousand dollars ($2,000), whichever is greater, for each unauthorized removal, against the unauthorized person removing the recyclable material. material or solid waste.
(b) In any civil action by a recycling agent agent, solid waste enterprise, or local governmental agency against a person alleged to have violated violated, or to have knowingly participated in the violation of, Section 41950 41950, 41951, or 41951 41952 for a second, or subsequent time, subsequent, time in any 12-month period, the court may either allow treble damages, as measured by the market value of the recyclable material removed, or award a civil penalty of not more than five thousand dollars ($5,000), whichever is greater, for each unauthorized removal against the unauthorized person removing the recyclable material. material or solid waste.
(c) (1) If a plaintiff prevails in a civil action brought pursuant to this chapter, the court shall award to the plaintiff reasonable attorney’s fees, expert witness fees, and costs incurred in the course of the litigation in an amount the court, in its discretion, deems appropriate.
(2) This subdivision shall not apply to a violation of Section 41952 unless the plaintiff, before bringing a civil action, provided written notice to the defendant demanding that the illegal action cease.
(3) This subdivision shall not apply to a civil action for a violation or knowing participation in a violation of Section 41950, 41951, or 41952 in which the value of the stolen recyclable materials is fifty dollars ($50) or less and no vehicle, as defined in Section 670 of the Vehicle Code, was used in connection with the removal of the materials.

SEC. 4.

 Section 41955 of the Public Resources Code is amended to read:

41955.
 If the value of the stolen material is more than fifty dollars ($50), but less than nine hundred fifty dollars ($950), a violation of this part may be charged as either a misdemeanor or an infraction. A violation after a second conviction within a 12-month period shall be charged as a misdemeanor punishable pursuant to Section 19 of the Penal Code. This section shall not apply to a violation of Section 41952.

SEC. 5.

 Section 41956 of the Public Resources Code is amended to read:

41956.
 The board department may award special enforcement grants to cities or counties to support pilot programs designed to develop and evaluate enforcement techniques to reduce the theft of recyclable materials from commercial, industrial, or other nonresidential establishments.

SECTION 1.

The Legislature finds and declares all of the following:

(a)Requiring building owners to take steps to produce renewable, low-carbon electricity and to capture solar heat has the potential to reduce pollution and the global warming effects of energy consumption.

(b)Installing solar electric or solar thermal systems can benefit the health, welfare, and resiliency of the state and its residents.

(c)Requiring solar electric or solar thermal systems to be installed on a building during its construction is more cost effective than installing the equipment after construction because workers are already onsite, permitting and administrative costs are lower, and financing the systems is more efficient at that time.

SEC. 2.The heading of Article 1 (commencing with Section 25406) is added to Chapter 5.1 of Division 15 of the Public Resources Code, to read:
1.The Sunny Homes Seal
SEC. 3.Article 2 (commencing with Section 25408) is added to Chapter 5.1 of Division 15 of the Public Resources Code, to read:
2.Solar Ready Buildings
25408.

For purposes of this article, the following definitions apply:

(a)“Solar ready building” means a building required to have a solar zone as determined by the commission pursuant to Section 25402.

(b)“Solar zone” means a section of the roof of a building designated and reserved for the future installation of a solar electric or solar thermal system, as determined by the commission pursuant to Section 25402.

25408.2.

By January 1, 2020, the commission shall consider requiring, and may update the building efficiency standards developed and adopted pursuant to Section 25402 to require, a rooftop solar energy generation system, appropriately sized to be cost effective, to be installed in the solar zone of a residential solar ready building, including a high-rise or low-rise multifamily building, during the construction of that building.

25408.4.

By January 1, 2023, the commission shall consider requiring, and may update the building efficiency standards developed and adopted pursuant to Section 25402 to require, a rooftop solar energy generation system, appropriately sized to be cost effective, to be installed in the solar zone of a nonresidential solar ready building, during the construction of that building.

25408.6.

Prior to adopting rooftop solar energy generation system requirements pursuant to Section 25408.2 or 25408.4, the commission and the Department of Housing and Community Development shall jointly issue findings, by climate zone, as to whether adoption of the requirements will or will not unreasonably or unnecessarily impact the affordability of housing for Californians, taking into account the purchase price and any benefits and costs derived from the rooftop solar energy generation system requirements.