Bill Text: CA AB818 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 818	INTRODUCED
	BILL TEXT


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, as introduced, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 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, 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) Nothing in this section is intended to interfere with or
prevent the authority of a local jurisdiction from requiring
recycling services for multifamily dwellings.