California 2021 2021-2022 Regular Session

California Senate Bill SB1111 Introduced / Bill

Filed 02/16/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1111Introduced by Senator ArchuletaFebruary 16, 2022 An act to add Chapter 22 (commencing with Section 26275) to Division 20 of the Health and Safety Code, relating to public safety. LEGISLATIVE COUNSEL'S DIGESTSB 1111, as introduced, Archuleta. Trash receptacles and storage containers: reflective markings. Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law vests the board of supervisors of a county with general supervision, management, and control of county highways. Existing law grants the legislative body of a city certain powers with respect to city streets and roads.This bill would require, commencing January 1, 2025, a manufacturer who sells or provides for compensation a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side, as specified. The bill would require a provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to clearly label the trash receptacle or storage container with the owners name and current telephone number. The bill would authorize a civil penalty against a person who violates this prohibition pursuant to an action brought by the Attorney General, a district attorney, or a city attorney. The bill would specify how these civil penalty moneys would be deposited depending on which entity brings the civil penalty action, including requiring the deposit of the moneys collected by the Attorney General into the General Fund for the purpose of offsetting the Attorney Generals cost of enforcement of this prohibition.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Rick Best Safety Act.SEC. 2. Chapter 22 (commencing with Section 26275) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 22. Trash Receptacles and Storage Containers26275. (a) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.(b) A trash receptacle or storage container subject to subdivision (a) shall have a strip of reflective tape that is at a minimum six inches wide and four feet long placed vertically on each corner of the container. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type IX. (c) A provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owners name and current telephone number.(d) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.(e) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.(f) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that citys or countys general fund to offset the cost of enforcement of this section.(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.(g) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.(h) This section shall become operative on January 1, 2025.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1111Introduced by Senator ArchuletaFebruary 16, 2022 An act to add Chapter 22 (commencing with Section 26275) to Division 20 of the Health and Safety Code, relating to public safety. LEGISLATIVE COUNSEL'S DIGESTSB 1111, as introduced, Archuleta. Trash receptacles and storage containers: reflective markings. Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law vests the board of supervisors of a county with general supervision, management, and control of county highways. Existing law grants the legislative body of a city certain powers with respect to city streets and roads.This bill would require, commencing January 1, 2025, a manufacturer who sells or provides for compensation a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side, as specified. The bill would require a provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to clearly label the trash receptacle or storage container with the owners name and current telephone number. The bill would authorize a civil penalty against a person who violates this prohibition pursuant to an action brought by the Attorney General, a district attorney, or a city attorney. The bill would specify how these civil penalty moneys would be deposited depending on which entity brings the civil penalty action, including requiring the deposit of the moneys collected by the Attorney General into the General Fund for the purpose of offsetting the Attorney Generals cost of enforcement of this prohibition.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1111

Introduced by Senator ArchuletaFebruary 16, 2022

Introduced by Senator Archuleta
February 16, 2022

 An act to add Chapter 22 (commencing with Section 26275) to Division 20 of the Health and Safety Code, relating to public safety. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1111, as introduced, Archuleta. Trash receptacles and storage containers: reflective markings.

 Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law vests the board of supervisors of a county with general supervision, management, and control of county highways. Existing law grants the legislative body of a city certain powers with respect to city streets and roads.This bill would require, commencing January 1, 2025, a manufacturer who sells or provides for compensation a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side, as specified. The bill would require a provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to clearly label the trash receptacle or storage container with the owners name and current telephone number. The bill would authorize a civil penalty against a person who violates this prohibition pursuant to an action brought by the Attorney General, a district attorney, or a city attorney. The bill would specify how these civil penalty moneys would be deposited depending on which entity brings the civil penalty action, including requiring the deposit of the moneys collected by the Attorney General into the General Fund for the purpose of offsetting the Attorney Generals cost of enforcement of this prohibition.

 Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law vests the board of supervisors of a county with general supervision, management, and control of county highways. Existing law grants the legislative body of a city certain powers with respect to city streets and roads.

This bill would require, commencing January 1, 2025, a manufacturer who sells or provides for compensation a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side, as specified. The bill would require a provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to clearly label the trash receptacle or storage container with the owners name and current telephone number. The bill would authorize a civil penalty against a person who violates this prohibition pursuant to an action brought by the Attorney General, a district attorney, or a city attorney. The bill would specify how these civil penalty moneys would be deposited depending on which entity brings the civil penalty action, including requiring the deposit of the moneys collected by the Attorney General into the General Fund for the purpose of offsetting the Attorney Generals cost of enforcement of this prohibition.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Rick Best Safety Act.SEC. 2. Chapter 22 (commencing with Section 26275) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 22. Trash Receptacles and Storage Containers26275. (a) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.(b) A trash receptacle or storage container subject to subdivision (a) shall have a strip of reflective tape that is at a minimum six inches wide and four feet long placed vertically on each corner of the container. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type IX. (c) A provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owners name and current telephone number.(d) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.(e) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.(f) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that citys or countys general fund to offset the cost of enforcement of this section.(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.(g) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.(h) This section shall become operative on January 1, 2025.

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

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

SECTION 1. This act shall be known, and may be cited, as the Rick Best Safety Act.

SECTION 1. This act shall be known, and may be cited, as the Rick Best Safety Act.

SECTION 1. This act shall be known, and may be cited, as the Rick Best Safety Act.

### SECTION 1.

SEC. 2. Chapter 22 (commencing with Section 26275) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 22. Trash Receptacles and Storage Containers26275. (a) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.(b) A trash receptacle or storage container subject to subdivision (a) shall have a strip of reflective tape that is at a minimum six inches wide and four feet long placed vertically on each corner of the container. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type IX. (c) A provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owners name and current telephone number.(d) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.(e) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.(f) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that citys or countys general fund to offset the cost of enforcement of this section.(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.(g) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.(h) This section shall become operative on January 1, 2025.

SEC. 2. Chapter 22 (commencing with Section 26275) is added to Division 20 of the Health and Safety Code, to read:

### SEC. 2.

 CHAPTER 22. Trash Receptacles and Storage Containers26275. (a) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.(b) A trash receptacle or storage container subject to subdivision (a) shall have a strip of reflective tape that is at a minimum six inches wide and four feet long placed vertically on each corner of the container. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type IX. (c) A provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owners name and current telephone number.(d) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.(e) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.(f) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that citys or countys general fund to offset the cost of enforcement of this section.(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.(g) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.(h) This section shall become operative on January 1, 2025.

 CHAPTER 22. Trash Receptacles and Storage Containers26275. (a) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.(b) A trash receptacle or storage container subject to subdivision (a) shall have a strip of reflective tape that is at a minimum six inches wide and four feet long placed vertically on each corner of the container. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type IX. (c) A provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owners name and current telephone number.(d) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.(e) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.(f) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that citys or countys general fund to offset the cost of enforcement of this section.(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.(g) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.(h) This section shall become operative on January 1, 2025.

 CHAPTER 22. Trash Receptacles and Storage Containers

 CHAPTER 22. Trash Receptacles and Storage Containers

26275. (a) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.(b) A trash receptacle or storage container subject to subdivision (a) shall have a strip of reflective tape that is at a minimum six inches wide and four feet long placed vertically on each corner of the container. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type IX. (c) A provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owners name and current telephone number.(d) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.(e) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.(f) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that citys or countys general fund to offset the cost of enforcement of this section.(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.(g) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.(h) This section shall become operative on January 1, 2025.



26275. (a) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side.

(b) A trash receptacle or storage container subject to subdivision (a) shall have a strip of reflective tape that is at a minimum six inches wide and four feet long placed vertically on each corner of the container. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials (ASTM) D4956-13 Type IX. 

(c) A provider who sells or provides for compensation a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owners name and current telephone number.

(d) A person who violates this section shall be liable for a civil penalty of one hundred dollars ($100) for the first violation of this section, five hundred dollars ($500) for the second violation of this section, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section.

(e) An action against a person who violates this section may be brought by the Attorney General, district attorney, or city attorney.

(f) (1) Moneys collected by a district attorney or city attorney pursuant to this section shall be deposited in that citys or countys general fund to offset the cost of enforcement of this section.

(2) Moneys collected by the Attorney General pursuant to this section shall be deposited in the General Fund to offset the cost of enforcement of this section.

(g) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height.

(h) This section shall become operative on January 1, 2025.