Bill Text: CA AB818 | 2011-2012 | Regular Session | Chaptered
Bill Title: Solid waste: multifamily dwellings.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-09-07 - Chaptered by Secretary of State - Chapter 279, Statutes of 2011. [AB818 Detail]
Download: California-2011-AB818-Chaptered.html
BILL NUMBER: AB 818 CHAPTERED
BILL TEXT
CHAPTER 279
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2011
APPROVED BY GOVERNOR SEPTEMBER 7, 2011
PASSED THE SENATE JULY 14, 2011
PASSED THE ASSEMBLY AUGUST 22, 2011
AMENDED IN SENATE JULY 1, 2011
INTRODUCED BY Assembly Member Blumenfield
(Coauthor: Assembly Member Chesbro)
(Coauthor: Senator Pavley)
FEBRUARY 17, 2011
An act to add Section 42913 to the Public Resources Code, relating
to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 818, Blumenfield. Solid waste: multifamily dwellings.
The California Integrated Waste Management Act of 1989 establishes
an integrated waste management program administered by the
Department of Resources Recycling and Recovery. The act requires a
local jurisdiction to adopt an ordinance requiring the provision of
adequate areas for collecting and loading recyclable materials in
development projects, including residential buildings having 5 or
more living units. A local agency is prohibited from issuing a
building permit to a development project, unless the project provides
adequate areas for collecting and loading recyclable materials.
This bill would enact the Renters' Right to Recycle Act, to
require an owner of a multifamily dwelling, defined as a residential
facility that consists of 5 or more living units, to arrange for
recycling services that are appropriate and available for the
multifamily dwelling, consistent with state or local laws or
requirements applicable to the collection, handling, or recycling of
solid waste, except as provided.
This bill would provide that it would become operative only if AB
341 of the 2011-12 Regular Session is not enacted and does not become
effective on or before January 1, 2012.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The provision of recycling services at residential dwellings
is one of the most effective means of increasing the diversion and
recycling of solid waste.
(b) In California, 70 percent of Californians living in
single-family homes have access to residential recycling. In
contrast, fewer than 40 percent of persons living in multifamily
dwellings have access to residential recycling. Of the waste
generated at apartments, only 15 percent is diverted, compared to
rates above 50 percent for single-family homes statewide.
(c) Approximately 24 percent of all housing in California is in
structures with five or more units. More than 7.1 million
Californians live in approximately 2.4 million multifamily dwellings.
(d) The intent of this act, the Renters' Right to Recycle Act, is
to provide a convenient recycling opportunity for the nearly three
million Californians residing in multifamily dwelling units who
currently do not have access to recycling services at their place of
residence.
(e) This act would bolster California's leadership in recycling
and conservation and help the state achieve its greenhouse gas
reduction goals.
SEC. 2. Section 42913 is added to the Public Resources Code, to
read:
42913. (a) This section shall be known, and may be cited, as the
Renters' Right to Recycle Act.
(b) 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.
(c) For the purposes of this section, "multifamily dwelling" means
a residential facility that consists of five or more living units.
(d) 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 either of the
following dates, whichever is later:
(i) September 1, 1994.
(ii) The effective date of an ordinance required pursuant to
subdivision (a) of Section 42911 that was adopted prior to September
1, 1994, if the effective date of the ordinance is prior to September
1, 1996.
(2) A solid waste enterprise providing recycling services does not
serve 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, telephone 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.
(e) This section does not interfere with or prevent a local
jurisdiction from requiring recycling services for multifamily
dwellings.
SEC. 3. This act shall become operative only if Assembly Bill 341
is not enacted and does not become effective on or before January 1,
2012.
