Bill Text: CA SB751 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Franchise agreements: solid waste handling services: labor dispute.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB751 Detail]
Download: California-2023-SB751-Amended.html
no a franchise contract, license, or permit for solid waste handling services entered into or substantially amended by a local agency on or after January 1, 2024, shall excuse not contain a force majeure provision that excuses the service provider
from performance complying with the franchise contract, license, or permit for solid waste handling services in the event of a work stoppage associated with a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure. dispute.
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.
Bill Title: Franchise agreements: solid waste handling services: labor dispute.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB751 Detail]
Download: California-2023-SB751-Amended.html
Amended
IN
Assembly
September 01, 2023 |
Amended
IN
Senate
May 04, 2023 |
Amended
IN
Senate
April 27, 2023 |
Amended
IN
Senate
April 26, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 751
Introduced by Senator Padilla |
February 17, 2023 |
An act to add Section 53064.3 to the Government Code, relating to franchise agreements.
LEGISLATIVE COUNSEL'S DIGEST
SB 751, as amended, Padilla.
Franchise agreements: solid waste handling services: labor dispute.
Existing law contains various provisions relating to franchise agreements between a local jurisdiction and a service provider for the provision of services such as utilities, waste hauling, and cable television.
This bill would prohibit any franchise contracts, licenses, or permits for solid waste handling services, as defined, entered into or amended substantially amended, as defined, by a local agency on or after January 1, 2024, from excusing containing a force majeure provision that
excuses the service provider from performance
complying with the franchise contracts, licenses, or permits in the event of a work stoppage associated with a labor dispute, as defined. The bill would require specified provisions to be included in any exclusive franchise contract, license, or permit for solid waste handling services entered into or substantially amended by a local agency after January 1, 2024, and would require these provisions to apply in the event of service being disrupted by a work stoppage associated with a labor dispute, as defined. dispute.
By imposing
new duties on local governments with respect to the franchise contracts, licenses, or permits for solid waste handling services, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for
those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 53064.3 is added to the Government Code, to read:53064.3.
(a) To promote the public health, safety, and well-being,(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste
handling services entered into or substantially amended by a local agency on or after January 1, 2024, and shall apply in the event of service being disrupted by a work stoppage associated with a labor dispute, as defined by clause (iii) of paragraph (4)
of subdivision (b) of Section 527.3 of the Code of Civil Procedure: dispute:
(1) A timeframe within process by which the franchisee shall provide advance or concurrent notice of service being disrupted.
(2) A process that allows a customer to file a service complaint with the franchisee and a timeframe within which the franchisee shall respond to complaints.
(3) A process for customers to request and receive refunds or credits for services not received.
(4) A remedy that allows the local agency to take administrative action to enforce the franchisee’s failure to perform.
comply with the franchise contract, license, or permit for solid waste handling services.
(c) For purposes of this section, “solid waste handling services” shall be defined by Section 40195 of the Public Resources
Code. the following terms have the following meanings:
(1) “Solid waste handling services” has the same meaning as “solid waste handling” as defined in Section 40195 of the Public Resources Code.
(2) “Substantially amended” means a mutually agreed upon change to a majority of the material terms of a franchise agreement, license, or permit for solid waste handling services.
(3) “Labor dispute” has the same meaning as defined in clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil
Procedure.