Bill Text: CA AB1634 | 2011-2012 | Regular Session | Amended

California Assembly Bill 1634 (Prior Session Legislation)

Bill Title: Solid waste: large-quantity commercial organics

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2012-08-27 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB1634 Detail]

Download: California-2011-AB1634-Amended.html

BILL NUMBER: AB 1634	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  JUNE 18, 2012
	AMENDED IN ASSEMBLY  MARCH 22, 2012
	AMENDED IN ASSEMBLY  MARCH 6, 2012

INTRODUCED BY   Assembly  Member   Bonnie
Lowenthal   Members   Chesbro,  
Bonnie Lowenthal,   and Williams 

                        FEBRUARY 9, 2012

    An act to amend Section 1582 of the Code of Civil
Procedure, relating to unclaimed property.   An act to
amend Sections 42649.1 and 42649.2 of the Public Resources Code,
relating to solid waste. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1634, as amended,  Bonnie Lowenthal  
Chesbro  .  Unclaimed property.  Solid
waste: large-quantity commercial organics generators.  
   The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,
establishes an integrated waste management program. Existing law also
requires local jurisdictions to implement a commercial solid waste
recycling program designed to divert commercial solid waste from
businesses that generate 4 cubic yards or more of commercial solid
waste per week or is a multifamily residential dwelling of 5 units or
more. Existing law requires a commercial waste generator to take one
of specified actions that include, among other things, subscribing
to a recycling service that may include mixed waste processing that
yields diversion results comparable to source separation.  
   This bill would require the department, on or before January 1,
2018, to adopt specified regulations to require a large-quantity
commercial organics generator to arrange for separate organics
collection and recycling services that may include, but are not
limited to, self-hauling, consistent with state or local laws or
requirements, as specified. The bill would authorize the department,
on a case-by-case basis, to delay the recycling of organics in rural
areas if it determines that the infrastructure to provide these
services does not exist and are not reasonably available from a local
service provider. The bill would redefine "commercial solid waste"
for these purposes and define "large-quantity commercial organics
generator."  
    The Unclaimed Property Law requires a person holding funds or
other property escheated to the state to file a report with the
Controller and to pay or deliver the escheated property to the
Controller, unless another person has established his or her right to
any of the property specified in the report. The Controller is
required to publish notice within one year after payment or delivery
of the escheated property, as specified. Under existing law, any
agreement to locate, deliver, recover, or assist in the recovery of
escheated property that is entered into between the date the report
is filed and the date of publication of notice is not valid. Such an
agreement made after publication of notice is valid if the fee or
compensation agreed upon is not in excess of 10% of the recoverable
property, and the agreement is in writing and signed by the owner
after disclosure in the agreement of the nature and value of the
property and the name and address of the person or entity in
possession of the property.  
   This bill would provide that, on and after January 1, 2013, any
solicitation made to locate, deliver, recover, or assist in the
recovery of escheated property shall be in writing, and shall
disclose the nature and value of the property and the name, current
mailing address, and telephone number or Internet Web site of the
person or entity in possession of the property on the front page of
the solicitation in at least a 12-point type. The bill would require
any agreement made after publication of notice to comply with these
requirements, in addition to those requirements described above, in
order to be valid. 
   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.    Section 42649.1 of the  
Public Resources Code   is amended to read: 
   42649.1.  For purposes of this chapter, the following 
terms mean the following   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"  has the same meaning as
defined in Section 17225.12 of Title 14 of the California Code of
Regulations   includes all types of solid waste
generated by a store, office, or other commercial or public entity
source, including a business or multifamily dwelling of five or more
units  .
   (c) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2. 
   (d) "Large-quantity commercial organics generator" means a
business that generates significant amounts of organic waste,
including, but not limited to, food waste and green materials, that
is traditionally disposed of in a solid waste landfill, as determined
by the department.  
   (d) 
    (e)  "Self-hauler" means a business that hauls its own
waste rather than contracting for that service.
   SEC. 2.    Section 42649.2 of the   Public
Resources Code   is amended to read: 
   42649.2.  (a) On and after July 1, 2012, a business that generates
four cubic yards or more of commercial solid waste per week or is a
multifamily residential dwelling of five units or more shall arrange
for recycling services, consistent with state or local laws or
requirements, including a local ordinance or agreement, applicable to
the collection, handling, or recycling of solid waste, to the extent
that these services are offered and reasonably available from a
local service provider.
   (b) A commercial waste generator shall take at least one of the
following actions:
   (1) Source separate recyclable materials from solid waste and
subscribe to a basic level of recycling service that includes
collection, self-hauling, or other arrangements for the pickup of the
recyclable materials.
   (2) Subscribe to a recycling service that may include mixed waste
processing that yields diversion results comparable to source
separation.
   (c) A property owner of a multifamily residential dwelling may
require tenants to source separate their recyclable materials to aid
in compliance with this section. 
   (d) (1) (A) On or before January 1, 2018, the department shall
adopt regulations to require a large-quantity commercial organics
generator to arrange for separate organics collection and recycling
services that may include, but are not limited to, self-hauling,
consistent with state or local laws or requirements, including a
local ordinance or agreement applicable to the collection, handling,
or recycling of solid waste.  
   (B) This paragraph does not apply to the curbside collection of
green material from single-family residences or multifamily dwellings
of fewer than five units.  
   (2) When adopting the regulations pursuant to paragraph (1), the
department may establish different timelines for different types of
organic materials, different types of large-quantity commercial
organics generators, and different regions of the state, but the
regulations shall require these requirements to be in effect no later
than January 1, 2018.  
   (e) The department may, on a case-by-case basis, delay the
recycling of organics in rural areas if it determines that the
infrastructure to provide these services does not exist and are not
reasonably available from a local service provider.  
  SECTION 1.    Section 1582 of the Code of Civil
Procedure is amended to read:
   1582.  (a) (1) Any agreement to locate, deliver, recover, or
assist in the recovery of property reported under Section 1530,
entered into between the date a report is filed under subdivision (d)
of Section 1530 and the date of publication of notice under Section
1531 is not valid. Such an agreement made after publication of notice
is valid if all of the following conditions are met:
   (A) The fee or compensation agreed upon is not in excess of 10
percent of the recoverable property.
   (B) The agreement is in writing and signed by the owner after
disclosure in the agreement of the nature and value of the property
and the name and address of the person or entity in possession of the
property.
   (C) Any solicitation made to the owner by the other party to the
agreement after the date of publication of notice under Section 1531
complies with the requirements of subdivision (b).
   (2) Nothing in this section shall be construed to prevent an owner
from asserting, at any time, that any agreement to locate property
is based upon an excessive or unjust consideration.
   (b) On or after January 1, 2013, any solicitation made to locate,
deliver, recover, or assist in the recovery of property reported
under Section 1530 shall be in writing, and shall disclose the nature
and value of the property and the name, current mailing address, and
telephone number or Internet Web site of the person or entity in
possession of the property on the front page of the solicitation in
at least a 12-point type.
   (c) Notwithstanding any other law, records of the Controller's
office pertaining to unclaimed property are not available for public
inspection or copying until after publication of notice of the
property or, if publication of notice of the property is not
required, until one year after delivery of the property to the
Controller.