Bill Text: CA AB1506 | 2019-2020 | Regular Session | Amended

California Assembly Bill 1506 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Police use of force.

Spectrum: Partisan Bill (Democrat 46-0)

Status: (Passed) 2020-09-30 - Chaptered by Secretary of State - Chapter 326, Statutes of 2020. [AB1506 Detail]

Download: California-2019-AB1506-Amended.html

Amended IN Assembly January 06, 2020

Amended IN Assembly May 17, 2019

Amended IN Assembly April 11, 2019

Amended IN Assembly April 01, 2019

Amended IN Assembly March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1506

Introduced by Assembly ~~Members~~ Member McCarty ~~and O’Donnell~~

February 22, 2019

An act to amend ~~Section 47602 of the Education Code, relating to charter schools.~~ Sections 42649.1, 42649.2, 42649.8, 42649.81, and 42649.82 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 1506, as amended, McCarty. ~~Charter schools: statewide total: authorization restrictions.~~ Solid waste: commercial and organic waste: recycling bins.

Existing law requires a business that generates 4 cubic yards or more of commercial solid waste or organic waste per week to arrange for recycling services, as specified. Existing law requires a business subject to either of those requirements to provide, on or before July 1, 2020, customers with a recycling bin or container for that waste stream that complies with prescribed requirements. Existing law exempts full-service restaurants, as defined, from the requirement to provide customers with a recycling bin or container if the full-service restaurant, on or before July 1, 2020, provides its employees a recycling bin or container for that waste stream to collect material purchased on the premises and implements a program to collect that waste stream.
This bill would specify that, with respect to a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility that is subject to either of those requirements, the requirement to provide customers with a recycling bin or container only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants. The bill would authorize a business subject to the organic waste recycling services requirement to alternatively implement a process for recycling organic waste from customers that yields results comparable to or greater in volume and quality to results attained by providing an organic waste recycling bin or container. The bill would also make other revisions to these provisions, including revising the definition of “full-service restaurant,” as specified, deleting obsolete provisions, and making conforming changes.
The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. The act provides that the maximum total number of charter schools authorized to operate in this state in the 1998–99 school year is 250, and authorizes an additional 100 charter schools to operate in this state in each successive school year.
This bill instead would prohibit a school district, a county office of education, or the State Board of Education from approving a charter petition if approval would increase the number of operating charter schools authorized by the respective entity above the number of operating charter schools authorized by that entity as of January 1, 2020, or if approval would increase the total charter school enrollment authorized by the respective entity above the total charter school enrollment authorized by that entity as of January 1, 2020. The bill would authorize a school district, a county office of education, or the state board to only approve a charter petition for one charter school after one charter school closes in its respective jurisdiction. The bill, notwithstanding those provisions, would authorize a school district, a county office of education, or the state board to approve a petition for the establishment of a new charter school within the boundaries of a school district or county office of education only if both (1) as of January 1, 2020, less than 10% of the average daily attendance of pupils attending school within the boundaries of the school district or county office of education in which the charter school would be located are enrolled in charter schools, and (2) approval of the charter petition would not result in more than 10% of the average daily attendance of pupils attending school within the boundaries of the school district or county office of education in which the charter school would be located being enrolled in charter schools.
The bill would prohibit a school district, a county office of education, or the state board from approving a charter petition for a classroom-based charter school that will be operated by a nonprofit public benefit corporation unless, within 180 days from the submission of the charter petition, the school district, county office of education, or state board has not received a charter petition for a charter school that will be operated in any manner other than by a nonprofit public benefit corporation. The bill, commencing January 1, 2020, would prohibit the authorization of a new nonclassroom-based charter school. The bill would prohibit the state board from waiving any of the limits or restrictions contained in these provisions. The bill would make nonsubstantive changes to those provisions, including deleting an obsolete provision relating to a Legislative Analyst’s Office report.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 42649.1 of the Public Resources Code, as amended by Section 1 of Chapter 441 of the Statutes of 2019, is amended to read:

42649.1.

For purposes of this chapter, the following definitions apply:

(a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.

(b) “Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.

(d) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions:

(1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.

(2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.

(3) The food and beverage orders are delivered directly to the ~~consumer.~~ consumer, unless the establishment is buffet style or self-service.

(4) Any requested items associated with the consumer’s food or beverage order are brought to the ~~consumer.~~ consumer, unless the establishment is buffet style or self-service.

(5) The check is delivered directly to the consumer at the assigned eating area.

(e) “Self-hauler” means a business that hauls its own waste rather than contracting for that service.

SEC. 2.

Section 42649.2 of the Public Resources Code, as amended by Section 2 of Chapter 441 of the Statutes of 2019, is amended to read:

42649.2.

(a) ~~On and after July 1, 2012, a~~ A business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider.

(b) A commercial waste generator shall take at least one of the following actions:

(1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials.

(2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.

(c) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide, on or before July 1, 2020, customers with a commercial solid waste recycling bin or container to collect material purchased on the premises and that fulfills all of the following requirements:

(A) Is ~~adjacent to each~~ in the line of sight of a bin or container for trash other than recyclable commercial solid waste, except in restrooms.

(B) Is visible and easily accessible.

(C) Is clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices.

(2) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant, on or before July 1, 2020, provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.

(3) With respect to a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility that is subject to subdivision (a), this subdivision only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants.
~~(3)~~

(4) The department, on or before July 1, 2020, shall develop model signage that businesses may utilize in implementing paragraph (1).

(d) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.

SEC. 3.

Section 42649.8 of the Public Resources Code, as amended by Section 3 of Chapter 441 of the Statutes of 2019, is amended to read:

42649.8.

For purposes of this chapter, the following definitions apply:

(b) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2.

(c) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions:

(2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.

(3) The food and beverage orders are delivered directly to the ~~consumer.~~ consumer, unless the establishment is buffet style or self-service.

(4) Any requested items associated with the consumer’s food or beverage order are brought to the ~~consumer.~~ consumer, unless the establishment is buffet style or self-service.

(5) The check is delivered directly to the consumer at the assigned eating area.

(d) “Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

(e) “Organic waste generator” means a business subject to subdivision (a) of Section 42649.81.

(f) “Rural jurisdiction” means a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions that are located within one or more rural counties.

(g) “Rural county” means a county that has a total population of less than 70,000 persons.

(h) “Self-hauler” means a business that hauls its own waste rather than contracting for that service. “Self-haul” means to act as a self-hauler.

SEC. 4.

Section 42649.81 of the Public Resources Code, as amended by Section 4 of Chapter 441 of the Statutes of 2019, is amended to read:

42649.81.
(a)(1)On and after April 1, 2016, a business that generates eight cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b).
~~(2)On and after January 1, 2017, a~~

42649.81.

(a) (1) A business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b).

~~(3)On and after January 1, 2019, a~~

(2) A business that generates four cubic yards or more of commercial solid waste, as defined in Section 42649.1, per week, shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b).

~~(4)~~

(3) On or after January 1, 2020, if the department determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for the organic waste recycling services specified in paragraph ~~(3),~~ (2), unless the department determines that this requirement will not result in significant additional reductions of organics disposal.

~~(5)~~

(4) A business located in a rural jurisdiction that is exempted pursuant to paragraph (2) of subdivision (a) of Section 42649.82 is not subject to this chapter.

(b) A business subject to subdivision (a) shall take at least one of the following actions:

(1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste.

(2) Recycle its organic waste onsite or self-haul its own organic waste for recycling.

(3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.

(4) Make other arrangements consistent with paragraph (3) of subdivision (b) of Section 42649.84.

(c) A business that is a property owner may require a lessee or tenant of that property to source separate their organic waste to aid in compliance with this section.

(d) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide, on or before July 1, 2020, customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements:

(A) Is ~~adjacent to each~~ in the line of sight of a bin or container for trash other than recyclable organic waste, except in restrooms.

(B) Is visible and easily accessible.

(C) Is clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices.

(2) In lieu of providing an organic waste recycling bin or container as required by paragraph (1), a business subject to subdivision (a) may implement a process for recycling organic waste from customers that yields results comparable to or greater in volume and quality to results attained by providing an organic waste recycling bin or container.
~~(2)~~

(3) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant, on or before July 1, 2020, provides its employees an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and implements a program to collect recyclable organic waste.

(4) With respect to a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility that is subject to subdivision (a), this subdivision only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants.
~~(3)~~

(5) The department, on or before July 1, 2020, shall develop model signage that businesses may utilize in implementing paragraph (1).

(e) A business generating organic waste shall arrange for the recycling services required by this section in a manner that is consistent with state and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of solid and organic waste.

(f) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this chapter.

(g) (1) A multifamily residential dwelling that consists of fewer than five units is not a business for purposes of this chapter.

(2) A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subdivision (b) for food waste that is generated by the business.

(h) If separate organic waste collection and recycling services are not offered through a local ordinance or local jurisdiction’s franchise agreement, a business generating organic waste may arrange for separate organic waste collection and recycling services, until the local ordinance or local jurisdiction’s franchise agreement includes organic waste recycling services.

SEC. 5.

Section 42649.82 of the Public Resources Code is amended to read:

42649.82.

(a) (1) In addition to the requirements of Section 42649.3, ~~on and after January 1, 2016,~~ each jurisdiction shall implement an organic waste recycling program that is appropriate for that jurisdiction and designed specifically to divert organic waste generated by businesses subject to Section 42649.81, whether or not the jurisdiction has met the requirements of Section 41780.

(2) (A) A county board of supervisors of a rural county may adopt a resolution, as prescribed in this paragraph, to make the rural county exempt from the requirements of this section. If a rural jurisdiction is a city, the city council may adopt a resolution, as prescribed in this paragraph, to make the rural jurisdiction exempt from this section. If a rural jurisdiction is a regional agency comprised of jurisdictions that are located entirely within one or more rural counties, the board of the regional agency may adopt a resolution, as prescribed in this paragraph, to make the rural jurisdiction exempt from the requirements of this section.

(B) A resolution adopted pursuant to subparagraph (A) shall include findings as to the purpose of and need for the exemption.

(C) A resolution to exempt a rural jurisdiction pursuant to subparagraph (A) shall be submitted to the department at least six months before the operative date of the exemption.

(D) On or after January 1, 2020, if the department determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during the 2014 calendar year, all exemptions authorized by this paragraph shall terminate unless the department determines that applying this chapter to rural jurisdictions will not result in significant additional reductions of disposal of organic waste.

(b) If a jurisdiction, as of January 1, 2016, has in place an organic waste recycling program that meets the requirements of this section, it is not required to implement a new or expanded organic waste recycling program.

(c) The organic waste recycling program required by this section shall be directed at organic waste generators and may include, but is not limited to, one or more of the following:

(1) Implementing a mandatory commercial organic waste recycling policy or ordinance that addresses organic waste recycling.

(2) Requiring a mandatory commercial organic waste recycling program through a franchise contract or agreement.

(3) Requiring organic waste to go through a source separated or mixed processing system that diverts material from disposal.

(d) (1) The organic waste recycling program shall do all of the following:

(A) Identify all of the following:

(i) Existing organic waste recycling facilities within a reasonable vicinity and the capacities available for materials to be accepted at each facility.

(ii) Existing solid waste and organic waste recycling facilities within the jurisdiction that may be suitable for potential expansion or colocation of organic waste processing or recycling facilities.

(iii) Efforts of which the jurisdiction is aware that are underway to develop new private or public regional organic waste recycling facilities that may serve some or all of the organic waste recycling needs of the commercial waste generators within the jurisdiction subject to this chapter, and the anticipated timeframe for completion of those facilities.

(iv) Closed or abandoned sites that might be available for new organic waste recycling facilities.

(v) Other nondisposal opportunities and markets.

(vi) Appropriate zoning and permit requirements for the location of new organic waste recycling facilities.

(vii) Incentives available, if any, for developing new organic waste recycling facilities within the jurisdiction.

(B) Identify barriers to siting new or expanded compostable materials handling operations, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, and specify a plan to remedy those barriers that are within the control of the local jurisdiction.

(C) Provide for the education of, outreach to, and monitoring of, businesses. The program shall require the jurisdiction to notify a business if the business is not in compliance with Section 42649.81.

(2) For purposes of subparagraph (A) of paragraph (1), an “organic waste recycling facility” shall include compostable materials handling operations, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, and may include other facilities that recycle organic waste.

(e) The organic waste recycling program may include any one or more of the following:

(1) Enforcement provisions that are consistent with the jurisdiction’s authority, including a structure for fines and penalties.

(2) Certification requirements for self-haulers.

(3) Exemptions, on a case-by-case basis, from the requirements of Section 42649.81 that are deemed appropriate by the jurisdiction for any of the following reasons:

(A) Lack of sufficient space in multifamily complexes or businesses to provide additional organic material recycling bins.

(B) The current implementation by a business of actions that result in the recycling of a significant portion of its organic waste.

(D) Limited-term exemptions for extraordinary and unforeseen events.

(E) (i) The business or group of businesses does not generate at least one cubic yard of organic waste per week, if the local jurisdiction provides the department with information that explains the need for this higher exemption than that authorized by subparagraph (C).

(ii) The information described in clause (i) shall be provided to the department with the information provided pursuant to subdivision (f).

(iii) This subparagraph shall not be operative on or after January 1, 2020, if the department, pursuant to paragraph ~~(4)~~ (3) of subdivision (a) of Section 42649.81, determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during the 2014 calendar year.

(f) (1) Each jurisdiction shall provide the department with information on the number of regulated businesses that generate organic waste and, if available, the number that are recycling organic waste. The jurisdiction shall include this information as part of the annual report required pursuant to Section 41821.

(2) ~~On and after August 1, 2017, in~~ In addition to the information required by paragraph (1), each jurisdiction shall report to the department on the progress achieved in implementing its organic waste recycling program, including education, outreach, identification, and monitoring, on its rationale for allowing exemptions, and, if applicable, on enforcement efforts. The jurisdiction shall include this information as part of the annual report required pursuant to Section 41821.

(g) (1) The department shall review a jurisdiction’s compliance with this section as part of the department’s review required by Section 41825.

(2) The department also may review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not making a good faith effort to implement, an organic waste recycling program.

(h) During a review pursuant to subdivision (g), the department shall determine whether the jurisdiction has made a good faith effort to implement its selected organic waste recycling program. For purposes of this section, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement its organic waste recycling program. During its review, the department may include, but is not limited to, consideration of the following factors in its evaluation of a jurisdiction’s good faith effort:

(1) The extent to which businesses have complied with Section 42649.81, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are complying with Section 42649.81.

(2) The recovery rate of the organic waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations.

(3) The extent to which the jurisdiction is conducting education and outreach to businesses.

(4) The extent to which the jurisdiction is monitoring businesses and notifying those businesses that are not in compliance.

(5) The appropriateness of exemptions allowed by the jurisdiction.

(6) The availability of markets for collected organic waste recyclables.

(7) Budgetary constraints.

(8) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets.

(9) The availability, or lack thereof, of sufficient organic waste processing infrastructure, organic waste recycling facilities, and other nondisposal opportunities and markets.

(10) The extent to which the jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities.

SECTION 1.Section 47602 of the Education Code is amended to read:
47602.
(a)(1)For purposes of implementing this section, the state board shall assign a number to each charter petition that it grants pursuant to subdivision (j) of Section 47605 or Section 47605.8 and to each charter notice it receives pursuant to this part, based on the chronological order in which the notice is received. The number assigned by the state board shall correspond to a single petition that identifies a charter school that will operate within the geographic and site limitations of this part. The state board shall develop a numbering system for charter schools that identifies each school associated with a charter and that operates within the limitations of this section. For purposes of this section, sites that share educational programs and serve similar pupil populations shall not be counted as separate schools. Sites that do not share a common educational program shall be considered separate schools for purposes of this section.
(2)(A)Except as provided in subparagraph (B), a school district, a county office of education, or the state board shall not approve a charter petition if approval would increase the number of operating charter schools authorized by the respective entity above the number of operating charter schools authorized by that entity as of January 1, 2020, or if approval would increase the total charter school enrollment authorized by the respective entity above the total charter school enrollment authorized by that entity as of January 1, 2020. A school district, a county office of education, or the state board may only approve a charter petition for one charter school after one charter school closes in its respective jurisdiction.
(B)Notwithstanding subparagraph (A), a school district, a county office of education, or the state board may approve a petition for the establishment of a new charter school within the boundaries of a school district or county office of education only if both of the following are satisfied:
(i)As of January 1, 2020, less than 10 percent of the average daily attendance of pupils attending school within the boundaries of the school district or county office of education in which the charter school would be located are enrolled in charter schools.
(ii)Approval of the petition would not result in more than 10 percent of the average daily attendance of pupils attending school within the boundaries of the school district or county office of education in which the charter school would be located being enrolled in charter schools.
(C)Subject to the limitations of this subdivision, and notwithstanding any other law, a school district, a county office of education, or the state board shall not approve a charter petition submitted under this part to establish a classroom-based charter school that will be operated by an entity managing a charter school unless, within 180 days from the submission of the charter petition, the school district, county office of education, or state board has not received a charter petition for a charter school that will be operated in any manner other than by an entity managing a charter school.
~~(b)The limits and restrictions contained in this section shall not be waived by the state board pursuant to Section 33050 or any other law.~~
(c)A charter petition shall not be granted under this part that authorizes the conversion of a private school to a charter school. A charter school shall not receive any public funds for a pupil if the pupil also attends a private school that charges the pupil’s family for tuition. The state board shall adopt regulations to implement this section.
~~(d)Notwithstanding any other law, commencing January 1, 2020, a school district, a county office of education, or the state board shall not authorize a new nonclassroom-based charter school.~~
~~(e)For purposes of this section, “entity managing a charter school” means a nonprofit public benefit corporation that operates a charter school consistent with Section 47604.~~