Bill Text: CA SB751 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Franchise agreements: solid waste handling services: labor dispute.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB751 Detail]

Download: California-2023-SB751-Amended.html

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Amended  IN  Senate  April 26, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 751

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Introduced by Senator Padilla

February 17, 2023

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An act to add Section 53064.3 to the Government Code, relating to franchise agreements.

LEGISLATIVE COUNSEL'S DIGEST

SB 751, as amended, Padilla. Franchise agreements: labor impasse. 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 a city, county, or city and county from entering an exclusive franchise agreement for services on or after January 1, 2024, or an agreement amended on or after that date, that contains a force majeure provision that can be triggered by a labor impasse.

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.

Digest Key

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

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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 city, county, or city and county shall not enter an exclusive franchise agreement for services on or after January 1, 2024, or an agreement amended on or after that date, that contains a force majeure provision that can be triggered by a labor impasse.

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 franchisee’s 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.