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CA SB71

CA SB71
Solid waste: disposal.


summary

Introduced
01/09/2017
In Committee
08/07/2018
Crossed Over
05/31/2017
Passed
Dead
09/30/2018

Introduced Session

2017-2018 Regular Session

Bill Summary

An act to amend Sections 41953 and 41956 of, to amend and renumber Sections 40059.2 and 40059.3 of, and to amend, renumber, add, and repeal Section 40059.1 of, the Public Resources Code, relating to solid waste.

AI Summary

This bill would require a court to award reasonable attorney's fees, expert witness fees, and other costs to the prevailing party in a civil action to enforce a franchise, contract, license, permit, or other authorization for solid waste handling services. However, the court would not be able to award these fees and costs in certain circumstances, such as if the value of the stolen recyclable materials is $50 or less or no vehicle was used. The bill would also expand civil enforcement to apply to knowing and willful participation in the unauthorized removal of segregated recyclable material, and would explicitly authorize a local governmental agency to bring an enforcement action. Additionally, the bill would require a plaintiff to notify and obtain approval from the relevant local agency before seeking these fees and costs, and would require the local agency to post all such notices and requests on its website. The bill would also provide that if the Commission on State Mandates determines the bill contains costs mandated by the state, local agencies and school districts would be reimbursed for those costs.

Committee Categories

Agriculture and Natural Resources, Budget and Finance, Transportation and Infrastructure

Sponsors (1)

Last Action

August 16 hearing: Held in committee and under submission. (on 08/16/2018)

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