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AB-1101 Household solid waste.(1989-1990)



Current Version: 09/21/89 - Chaptered

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AB1101:v94#DOCUMENT

Assembly Bill No. 1101
CHAPTER 541

An act to add Section 66759 to the Government Code, relating to solid waste.

[ Filed with Secretary of State  September 21, 1989. Approved by Governor  September 20, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1101, La Follette. Household solid waste.
(1)  Existing law requires local agencies, as specified, to determine the aspects of solid waste handling of local concern, as specified. Existing law also requires each county or specified region to prepare a county or regional solid waste management plan of specified contents.
This bill would require local agencies which do not directly charge a fee for solid waste collection, transportation, and disposal, or which charge a fee which equals less than 90% of the cost of providing these services, as specified, to arrange to inform all residential households, as defined, at least once every 3 months, concerning the monthly costs of solid waste handling, and the monthly volumes of solid waste produced, thereby imposing a state-mandated local program.
(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, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund.

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


SECTION 1.

 It is the intent of the Legislature, in enacting this act, to emphasize the importance of every person’s efforts to reduce the amount of waste generated, thus reducing the rising cost of waste management. Notification, as required by this act, will help ensure that residents become aware of their portion of the total cost for solid waste management in the area in which they live.

SEC. 2.

 Section 66759 is added to the Government Code, to read:

66759.
 (a)  Notwithstanding Section 66757, every local agency which does not directly charge residential households a fee for the collection, transportation, and disposal of solid waste and every local agency which directly charges residential customers a fee which represents less than 90 percent of the average cost of collecting, transporting, and disposing of residential solid waste shall, at least once every three months, arrange to inform all residential households of all of the following:
(1)  The average monthly volume of solid waste produced by each residential household.
(2)  The total estimated monthly cost to the local agency to collect, transport, and dispose of all solid waste produced by residential households.
(3)  The average monthly cost to the local agency to collect, transport, and dispose of solid waste produced by each residential household.
(b)  For purposes of this section, “residential household” means those single and multifamily residential units which are not charged a periodic fee for the collection, transportation, and disposal of solid waste or which are assessed a periodic fee which represents less than 90 percent of the local agency’s total cost of providing these services.
(b)  Where possible, the notification provided under subdivision (a) shall be distributed by each local agency to residential households in a manner that results in no distribution costs to the local agency in excess of distribution costs otherwise incurred for other purposes.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.