BILL ANALYSIS
AB 399
Page 1
ASSEMBLY THIRD READING
AB 399 (Monta?ez)
As Amended May 11, 2005
Majority vote
NATURAL RESOURCES 7-3 APPROPRIATIONS 13-5
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|Ayes:|Hancock, Pavley, Koretz, |Ayes:|Chu, Bass, Berg, |
| |Laird, Nava, Salda?a, | |Calderon, Mullin, |
| |Wolk | |Karnette, Klehs, Leno, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Salda?a, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Malfa, Harman, Keene |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
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SUMMARY : Requires the California Integrated Waste Management
Board (CIWMB), local governments and owners and managers of
multifamily dwellings to provide information and assistance to
achieve higher levels of recycling in multifamily dwellings.
Specifically, this bill :
1)Requires CIWMB, on or before March 1, 2007, to take the
following actions:
a) Provide model ordinances on multifamily dwelling
recycling for local agencies;
b) Post information on CIWMB's Internet Web site on the
solid waste reduction, reuse, and recycling programs that
can be implemented by the owner or manager of a multifamily
dwelling;
c) Post information on the CIWMB's Internet Web site on the
methods residents of multifamily dwellings can utilize to
reduce, reuse, and recycle solid waste materials generated
AB 399
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in the dwellings; and,
d) Post information on CIWMB's Internet Web site for local
agencies, with examples of solid waste reduction, reuse,
and recycling programs.
2)Requires local agencies, in their annual report to CIWMB, to
provide a summary of progress made in the diversion and
recycling of waste material at multifamily dwellings,
including information on programs and ordinances implemented
by the local government and quantitative data, where
available.
3)Requires local agencies, on and after May 1, 2007, when
issuing a building permit to an owner of a multifamily
dwelling, to provide information on programs that can be
implemented to reduce, reuse, and recycle solid waste
materials generated at the dwelling and provide information on
where the waste materials may be donated, recycled, or
composed.
4)Provides that CIWMB may look at whether a local jurisdiction
has made efforts towards implementing multifamily dwelling
recycling programs into consideration when determining whether
a local jurisdiction qualifies for "good faith effort" when
the jurisdiction has not met their 50% diversion mandate.
5)On and after May 1, 2007, requires the owner of a multifamily
dwelling to notify, in writing, the tenants of the dwelling
about methods they may utilize to reduce, reuse and recycle
solid waste materials.
6)On and after May 1, 2007, requires the owner of a multifamily
dwelling to notify new tenants, within five days of the date
of occupation, on solid waste reduction, reuse and recycling.
7)Requires multifamily dwellings, constructed after May 1, 2007
AB 399
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to arrange for onsite recycling services for residents, unless
the local jurisdiction already requires onsite recycling.
8)On and after July 1, 2006, provides that solid waste handling
services to multifamily dwellings shall provide recycling
services that are appropriate for the multifamily dwelling in
accordance with the local agency's recycling plan, if
requested by the owner of the multifamily dwelling.
9)Provides that the local jurisdiction may charge and collect a
reasonable fee from the owner of a multifamily dwelling to
recover the local agency's costs for compliance.
FISCAL EFFECT : According to the Assembly Appropriations
Committee this bill has minor costs to CIWMB and to local
agencies.
COMMENTS : In California, about 8% of the disposed waste stream
(3.3 million tons) comes from multifamily dwellings.
Additionally, multifamily dwellings account for nearly 45% of
housing units in San Francisco, 34% in Los Angeles and 29% in
San Diego-significantly higher than the national average of 16%.
However, for a variety of reasons, including tenant turn-over,
cost for services and space, recycling at multifamily dwellings
is generally difficult to increase. By requiring noticing of
programs, model ordinance and significant outreach to owners and
managers of multifamily dwellings, this bill attempts to
increase recycling at such dwellings.
Analysis Prepared by : Kyra Emanuels Ross / NAT. RES. / (916)
319-2092
FN: 0010446