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AB-827 Solid waste: commercial and organic waste: recycling bins.(2019-2020)



Current Version: 06/06/19 - Amended Senate         Compare Versions information image


AB827:v96#DOCUMENT

Amended  IN  Senate  June 06, 2019
Amended  IN  Senate  May 23, 2019
Amended  IN  Assembly  April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 827


Introduced by Assembly Member McCarty

February 20, 2019


An act to amend Sections 42649.1 and 42649.8 of, and to add Sections 42649.2.5 and 42649.88 to, the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 827, as amended, McCarty. Solid waste: commercial and organic waste: recycling bins.
Existing law requires a business that generates 4 cubic yards or more of commercial solid waste or 8 cubic yards or more of organic waste per week to arrange for recycling services, as specified.
This bill would require a business subject to either of those requirements that provides customers access to the business to provide customers with a recycling bin for that waste stream that is visible, easily accessible, and clearly marked with educational signage, as specified. The bill would exempt full-service restaurants, as defined, from its requirements. The bill would also require the Department of Resources Recycling and Recovery to, on or before January 1, 2021, develop model signage that commercial and organic waste generators, as defined, may utilize to mark the recycling bins provided to customers.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 42649.1 of the Public Resources Code is amended to read:

42649.1.
 For purposes of this chapter, the following terms shall apply:
(a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.
(b) “Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.
(c) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2.
(d) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee of the establishment:
(1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.
(2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.
(3) The food and beverage orders are delivered directly to the consumer.
(4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer.
(5) The check is delivered directly to the consumer at the assigned eating area.
(e) “Self-hauler” means a business that hauls its own waste rather than contracting for that service.

SEC. 2.

 Section 42649.2.5 is added to the Public Resources Code, to read:

42649.2.5.
 (a) A commercial waste generator that provides customers access to the business shall provide customers with a recycling bin to collect material purchased on the premises that is visible, easily accessible, and clearly marked with educational signage indicating what is appropriate to place in the bin in accordance with the local jurisdiction’s solid waste ordinances and practices.
(b) Full-service restaurants are exempt from the requirements of this section.
(c) The department, on or before January 1, 2021, shall develop model signage that a commercial waste generator may utilize in implementing this section.

SEC. 3.

 Section 42649.8 of the Public Resources Code is amended to read:

42649.8.
 For purposes of this chapter, the following terms shall apply:
(a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.
(b) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2.
(c) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee of the establishment:
(1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.
(2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.
(3) The food and beverage orders are delivered directly to the consumer.
(4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer.
(5) The check is delivered directly to the consumer at the assigned eating area.
(d) “Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
(e) “Organic waste generator” means a business subject to subdivision (a) of Section 42649.81.
(f) “Rural jurisdiction” means a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions that are located within one or more rural counties.
(g) “Rural county” means a county that has a total population of less than 70,000 persons.
(h) “Self-hauler” means a business that hauls its own waste rather than contracting for that service and “self-haul” means to act as a self-hauler.

SEC. 4.

 Section 42649.88 is added to the Public Resources Code, to read:

42649.88.
 (a) An organic waste generator that provides customers access to the business shall provide customers with an organic waste recycling bin to collect material purchased on the premises for immediate consumption that is visible, easily accessible, and clearly marked with educational signage indicating what is appropriate to place in the bin in accordance with the local jurisdiction’s solid waste ordinances and practices.
(b) Full-service restaurants are exempt from the requirements of this section.
(c) The department, on or before January 1, 2021, shall develop model signage that an organic waste generator may utilize in implementing this section.