Bill Text: CA AB473 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Solid waste: recycling: multifamily dwellings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB473 Detail]

Download: California-2009-AB473-Enrolled.html

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BILL NUMBER: AB 473	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  SEPTEMBER 1, 2009

INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 24, 2009

   An act to add Section 42913 to the Public Resources Code, relating
to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 473, Blumenfield. Solid waste: recycling: multifamily
dwellings.
   The California Integrated Waste Management Act of 1989 establishes
an integrated waste management program administered by the
California Integrated Waste Management Board. The act requires a
local jurisdiction to develop a source reduction and recycling
element of an integrated waste management plan containing specified
components.
   This bill would require an owner of a multifamily dwelling,
defined as a residential facility that consists of 5 or more living
units, on and after July 1, 2010, to arrange for recycling services
that are appropriate and available for the multifamily dwelling,
consistent with state or local laws or requirements, including a
local ordinance or agreement, applicable to the collection, handling,
or recycling of solid waste, except as provided.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42913 is added to the Public Resources Code, to
read:
   42913.  (a) On and after July 1, 2010, an owner of a multifamily
dwelling shall arrange for recycling services that are appropriate
and available for the multifamily dwelling, consistent with state or
local law or requirements, including a local ordinance or agreement,
applicable to the collection, handling, or recycling of solid waste.
   (b) For the purposes of this section, "multifamily dwelling" means
a residential facility that consists of five or more living units.
   (c) An owner of a multifamily dwelling is not required to arrange
for recycling services pursuant to this section if any of the
following apply:
   (1) (A) There is inadequate space for recycling containers, as
certified by a solid waste enterprise that would otherwise serve the
multifamily dwelling.
   (B) The certification required pursuant to subparagraph (A) shall
be valid for no more than five years after the date of certification
and shall include all of the following:
   (i) Address of the multifamily dwelling.
   (ii) Name, address, telephone number, and e-mail address of the
multifamily dwelling owner.
   (iii) Name, address, telephone number, business license number,
and e-mail address of the solid waste enterprise making the required
certification.
   (iv) Date of certification.
   (v) Name and title of the person making the certification.
   (C) This paragraph shall not apply to a multifamily dwelling for
which a building permit is required on or after September 1, 1994.
   (2) No solid waste enterprise providing recycling services serves
the property.
   (3) The cost of recycling services creates a financial hardship
for the multifamily dwelling owner. For purposes of this paragraph, a
multifamily dwelling owner can claim a financial hardship only if
the recycling services result in a cost increase of 30 percent or
more over the cost of providing solid waste services alone. A claim
of financial hardship shall be valid for no more than five years
after the date of the claim and shall include all of the following:
   (A) Address of the multifamily dwelling.
   (B) Name, address, telephone number, and e-mail address of the
multifamily dwelling owner.
   (C) Name, address, phone number, business license number, and
e-mail address of the solid waste enterprise that provided the
information on which the claim is made.
   (D) Date of claim.
   (E) Name and title of the person making the claim.
   (d) Nothing in this section is intended to interfere with or
prevent the authority of a local jurisdiction from requiring
recycling services for multifamily dwellings.