Amended IN Senate May 04, 2023 Amended IN Senate April 27, 2023 Amended IN Senate April 26, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 751Introduced by Senator PadillaFebruary 17, 2023An act to add Section 53064.3 to the Government Code, relating to franchise agreements. LEGISLATIVE COUNSEL'S DIGESTSB 751, as amended, Padilla. Franchise agreements: 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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of 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 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.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 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.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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of a labor dispute, as defined.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe 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, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste handling services entered into or 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:(1) A timeframe within which the franchisee shall provide advance 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 franchisees failure to perform.(c) For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.SEC. 2. 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.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, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure. (b)For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.
Amended IN Senate May 04, 2023 Amended IN Senate April 27, 2023 Amended IN Senate April 26, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 751Introduced by Senator PadillaFebruary 17, 2023An act to add Section 53064.3 to the Government Code, relating to franchise agreements. LEGISLATIVE COUNSEL'S DIGESTSB 751, as amended, Padilla. Franchise agreements: 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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of 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 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.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 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.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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of a labor dispute, as defined.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate May 04, 2023 Amended IN Senate April 27, 2023 Amended IN Senate April 26, 2023
Amended IN Senate May 04, 2023
Amended IN Senate April 27, 2023
Amended IN Senate April 26, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 751
Introduced by Senator PadillaFebruary 17, 2023
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
## LEGISLATIVE COUNSEL'S DIGEST
SB 751, as amended, Padilla. Franchise agreements: 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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of 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 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.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 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.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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of a labor dispute, as defined.
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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of 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 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.
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 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.
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 by a local agency on or after January 1, 2024, from excusing the service provider from performance in the event of a labor dispute, as defined.
## Digest Key
## Bill 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, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste handling services entered into or 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:(1) A timeframe within which the franchisee shall provide advance 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 franchisees failure to perform.(c) For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.SEC. 2. 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.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, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure. (b)For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.
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 53064.3 is added to the Government Code, to read:53064.3. (a) To promote the public health, safety, and well-being, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste handling services entered into or 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:(1) A timeframe within which the franchisee shall provide advance 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 franchisees failure to perform.(c) For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.
SECTION 1. Section 53064.3 is added to the Government Code, to read:
### SECTION 1.
53064.3. (a) To promote the public health, safety, and well-being, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste handling services entered into or 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:(1) A timeframe within which the franchisee shall provide advance 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 franchisees failure to perform.(c) For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.
53064.3. (a) To promote the public health, safety, and well-being, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste handling services entered into or 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:(1) A timeframe within which the franchisee shall provide advance 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 franchisees failure to perform.(c) For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.
53064.3. (a) To promote the public health, safety, and well-being, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste handling services entered into or 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:(1) A timeframe within which the franchisee shall provide advance 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 franchisees failure to perform.(c) For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.
53064.3. (a) To promote the public health, safety, and well-being, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.
(b) The following provisions shall be included in any franchise contract, license, or permit for solid waste handling services entered into or 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:
(1) A timeframe within which the franchisee shall provide advance 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 franchisees failure to perform.
(c) For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.
SEC. 2. 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.
SEC. 2. 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.
SEC. 2. 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.
### SEC. 2.
(a)To promote the public health, safety, and well-being, no franchise contract, license, or permit for solid waste handling services entered into or amended by a local agency on or after January 1, 2024, shall excuse the service provider from performance in the event of a labor dispute, as defined by clause (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.
(b)For purposes of this section, solid waste handling services shall be defined by Section 40195 of the Public Resources Code.