California 2019 2019-2020 Regular Session

California Assembly Bill AB2959 Amended / Bill

Filed 05/05/2020

                    Amended IN  Assembly  May 05, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2959Introduced by Assembly Member CalderonFebruary 21, 2020 An act to amend Section 40059.4 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 2959, as amended, Calderon. Solid waste: byproducts from the processing of food or beverages.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act authorizes each county, city, district, or other local governmental agency to determine, among other things, whether solid waste handling services are provided for by means of a nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. Existing law prohibits a county, city, district, or local governmental agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit if the byproducts meet certain conditions, including that the byproducts originate from agricultural or industrial sources. Existing law defines industrial source for these purposes to include, The act prohibits those local governmental entities from exercising that authority with regard to the hauling of byproducts from the processing of food or beverages if certain conditions are met, including the condition that the byproducts originate from, among others, entities required to be registered for the manufacture, packing, or holding of any processed food in this state and certain entities exempt from that registration.This bill would provide that these provisions do not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions for byproducts. The bill would reauthorize a county, city, district, or local government to subject the hauling of byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit, reauthorize those local governmental entities to exercise that authority if those byproducts originate from a supermarket, grocer, restaurant, or other retail food establishment.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 40059.4 of the Public Resources Code is amended to read:40059.4. (a) For purposes of this section, industrial source means any of the following:(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:(1) The byproducts originate from agricultural or industrial sources.(2) The byproducts do not include animal, including fish, processing byproducts.(3) The byproducts are source separated by the generator of the byproducts.(4) The byproducts are not discarded.(5) The byproducts are used as animal feed.(c)This section does not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions set forth in subdivision (b).

 Amended IN  Assembly  May 05, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2959Introduced by Assembly Member CalderonFebruary 21, 2020 An act to amend Section 40059.4 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 2959, as amended, Calderon. Solid waste: byproducts from the processing of food or beverages.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act authorizes each county, city, district, or other local governmental agency to determine, among other things, whether solid waste handling services are provided for by means of a nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. Existing law prohibits a county, city, district, or local governmental agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit if the byproducts meet certain conditions, including that the byproducts originate from agricultural or industrial sources. Existing law defines industrial source for these purposes to include, The act prohibits those local governmental entities from exercising that authority with regard to the hauling of byproducts from the processing of food or beverages if certain conditions are met, including the condition that the byproducts originate from, among others, entities required to be registered for the manufacture, packing, or holding of any processed food in this state and certain entities exempt from that registration.This bill would provide that these provisions do not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions for byproducts. The bill would reauthorize a county, city, district, or local government to subject the hauling of byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit, reauthorize those local governmental entities to exercise that authority if those byproducts originate from a supermarket, grocer, restaurant, or other retail food establishment.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  May 05, 2020

Amended IN  Assembly  May 05, 2020

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 2959

Introduced by Assembly Member CalderonFebruary 21, 2020

Introduced by Assembly Member Calderon
February 21, 2020

 An act to amend Section 40059.4 of the Public Resources Code, relating to solid waste. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2959, as amended, Calderon. Solid waste: byproducts from the processing of food or beverages.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act authorizes each county, city, district, or other local governmental agency to determine, among other things, whether solid waste handling services are provided for by means of a nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. Existing law prohibits a county, city, district, or local governmental agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit if the byproducts meet certain conditions, including that the byproducts originate from agricultural or industrial sources. Existing law defines industrial source for these purposes to include, The act prohibits those local governmental entities from exercising that authority with regard to the hauling of byproducts from the processing of food or beverages if certain conditions are met, including the condition that the byproducts originate from, among others, entities required to be registered for the manufacture, packing, or holding of any processed food in this state and certain entities exempt from that registration.This bill would provide that these provisions do not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions for byproducts. The bill would reauthorize a county, city, district, or local government to subject the hauling of byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit, reauthorize those local governmental entities to exercise that authority if those byproducts originate from a supermarket, grocer, restaurant, or other retail food establishment.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act authorizes each county, city, district, or other local governmental agency to determine, among other things, whether solid waste handling services are provided for by means of a nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. Existing law prohibits a county, city, district, or local governmental agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit if the byproducts meet certain conditions, including that the byproducts originate from agricultural or industrial sources. Existing law defines industrial source for these purposes to include, The act prohibits those local governmental entities from exercising that authority with regard to the hauling of byproducts from the processing of food or beverages if certain conditions are met, including the condition that the byproducts originate from, among others, entities required to be registered for the manufacture, packing, or holding of any processed food in this state and certain entities exempt from that registration.

This bill would provide that these provisions do not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions for byproducts. The bill would reauthorize a county, city, district, or local government to subject the hauling of byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit, reauthorize those local governmental entities to exercise that authority if those byproducts originate from a supermarket, grocer, restaurant, or other retail food establishment.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 40059.4 of the Public Resources Code is amended to read:40059.4. (a) For purposes of this section, industrial source means any of the following:(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:(1) The byproducts originate from agricultural or industrial sources.(2) The byproducts do not include animal, including fish, processing byproducts.(3) The byproducts are source separated by the generator of the byproducts.(4) The byproducts are not discarded.(5) The byproducts are used as animal feed.(c)This section does not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions set forth in subdivision (b).

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 40059.4 of the Public Resources Code is amended to read:40059.4. (a) For purposes of this section, industrial source means any of the following:(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:(1) The byproducts originate from agricultural or industrial sources.(2) The byproducts do not include animal, including fish, processing byproducts.(3) The byproducts are source separated by the generator of the byproducts.(4) The byproducts are not discarded.(5) The byproducts are used as animal feed.(c)This section does not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions set forth in subdivision (b).

SECTION 1. Section 40059.4 of the Public Resources Code is amended to read:

### SECTION 1.

40059.4. (a) For purposes of this section, industrial source means any of the following:(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:(1) The byproducts originate from agricultural or industrial sources.(2) The byproducts do not include animal, including fish, processing byproducts.(3) The byproducts are source separated by the generator of the byproducts.(4) The byproducts are not discarded.(5) The byproducts are used as animal feed.(c)This section does not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions set forth in subdivision (b).

40059.4. (a) For purposes of this section, industrial source means any of the following:(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:(1) The byproducts originate from agricultural or industrial sources.(2) The byproducts do not include animal, including fish, processing byproducts.(3) The byproducts are source separated by the generator of the byproducts.(4) The byproducts are not discarded.(5) The byproducts are used as animal feed.(c)This section does not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions set forth in subdivision (b).

40059.4. (a) For purposes of this section, industrial source means any of the following:(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:(1) The byproducts originate from agricultural or industrial sources.(2) The byproducts do not include animal, including fish, processing byproducts.(3) The byproducts are source separated by the generator of the byproducts.(4) The byproducts are not discarded.(5) The byproducts are used as animal feed.(c)This section does not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions set forth in subdivision (b).



40059.4. (a) For purposes of this section, industrial source means any of the following:

(1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.

(2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code, except for supermarkets, grocers, restaurants, and other retail food establishments.

(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.

(4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.

(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste franchise, contract, license, or permit, if those byproducts meet all of the following conditions:

(1) The byproducts originate from agricultural or industrial sources.

(2) The byproducts do not include animal, including fish, processing byproducts.

(3) The byproducts are source separated by the generator of the byproducts.

(4) The byproducts are not discarded.

(5) The byproducts are used as animal feed.

(c)This section does not limit the authority of a county, city, district, or local government agency to establish reasonable requirements for the purpose of verifying compliance with the conditions set forth in subdivision (b).