BILL ANALYSIS Ó
AB 1817
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
AB 1817
(Mark Stone) - As Introduced February 8, 2016
SUBJECT: Solid waste: garbage and refuse disposal districts:
board of directors.
SUMMARY: Increases the cap on compensation for the board of
directors of a garbage and refuse disposal district.
Specifically, this bill:
1)Deletes existing law that provides board members of garbage
and refuse disposal districts (board members) with a maximum
of $50 per diem per meeting, and instead, requires board
members to receive compensation that does not exceed $100 per
meeting, as specified.
2)Deletes the existing monthly limit for each board member of
$100 in a calendar month, and instead, authorizes a board
member to receive compensation for up to six days in a
calendar month.
3)Authorizes a board member to receive compensation for a day of
service rendered as director by request of the board.
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4)Removes the process by which the board establishes the amount
of compensation and includes the amount in its minutes.
5)Makes other technical changes.
EXISTING LAW:
1)Requires the board of directors for a garbage and refuse
disposal district to consist of no less than three members and
establishes an appointment process for the board.
2)Authorizes board members to be reimbursed for their actual and
necessary expenses incurred in the performance of official
business of the district, as approved by the board.
3)Authorizes board members to receive a maximum of $50 per diem
for each day of attendance at board meetings, with the per
diem to be established by the board and entered upon its
minutes.
4)Prohibits board members from receiving more than $100 per diem
in any calendar month.
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5)Requires, in addition to compensation in 3), and 4), above,
the chairperson and secretary of the district board to receive
monthly compensation established by the board.
FISCAL EFFECT: None
COMMENTS:
1)Garbage and Refuse Disposal Districts. Several types of
independent special districts are authorized to address
garbage and waste collection needs, including community
services districts, county water districts, municipal utility
districts, municipal water districts, public utility
districts, and sanitary districts. Additionally, existing law
outlines a principal act for garbage and refuse disposal
districts to maintain and provide a site for the disposal of
garbage and refuse. The district board is authorized to make
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and enforce all rules and regulations necessary for the
administration and government of the district and of the
operation and maintenance of the garbage and refuse disposal
site acquired by the district.
Current law requires the board to consist of at least three
directors and provides an appointment process for a district
depending on how many cities are included in the boundaries.
The Committee has only identified one district formed pursuant
to this principal act, the Monterey Regional Waste Management
District. The principal act prohibits any district from being
formed after October 1, 1961.
2)Monterey Regional Waste Management District. In 1951, the
Monterey Peninsula Garbage and Refuse Disposal District was
formed to find a solution to the dumping and burning of waste
on coastal sand dunes in Pacific Grove, Monterey, and Carmel.
In 1987, the Monterey Peninsula Garbage and Refuse Disposal
District changed its name to the Monterey Regional Waste
Management District (MRWMD). MRWMD provides solid waste
management and resource recovery, operates the 315 acre
Monterey Peninsula Landfill, and develops and operates a
number of other waste diversion and recycling facilities and
programs. For example, MRWMD provides a safe collection
program for household hazardous waste and operates landfill
gas-to-electric energy plants. MRWMD is governed by a
nine-member board appointed to four-year terms. The board is
composed of seven members appointed by each of the seven
cities within the district's boundaries, one member for the
unincorporated area, and one director-at-large.
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3)Bill Summary. Existing law authorizes board members to
receive a maximum of $50 per diem for each day of attendance
at board meetings, with the per diem to be established by
order of the board and entered upon its minutes, and a maximum
of $100 per diem in any calendar month. This bill establishes
new thresholds for compensation by requiring that a board
member receive compensation in an amount not to exceed $100
per day of attendance at a meeting of the board for each day
of service rendered as a director by request of the board.
Additionally, this bill increases the monthly limit of
compensation to allow a board member to receive compensation
up to six days in a calendar month. This bill is sponsored by
MRWMD.
4)Author's Statement. According to the author, "MRWMD Board of
Directors receives no more than fifty dollars per diem not to
exceed one hundred dollars per calendar month. This code
section was enacted over 26 years ago. This bill updates
obsolete compensation to more closely reflect workload and
that of other special districts. Currently, MRWMD has an
increased number of responsibilities and obligations due to an
expanding residential and commercial population and new
statutorily-required duties. After a code change in 1990, the
focus of the MRWMD moved towards recycling and waste
diversion. This change required an increase in number of
employees as well as an increase in the amount of
participation by the Board.
"The Board now oversees a $24 million budget, the recovery of
recyclable materials in the waste stream, composting of green
waste and food waste, receipt of non-hazardous liquid waste,
disposal of municipal solid waste, and the operation of a
landfill gas-to-electric energy system. With the Board
attending many more than two meetings per month and often
attending other trainings and workshops, this bill merely
proposes to update the Board of Directors compensation to
align more closely with the current level of responsibility as
well as to mirror the compensation rates of nearly all other
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waste disposal districts in the state."
5)Suggested Amendments. The Committee may wish to consider the
following amendments:
a) Comparable Compensation and Comparable Requirements.
Proponents argue that this bill provides garbage and refuse
disposal districts with compensation comparable to other
types of special districts. The Committee may wish to
consider if the requirements for compensation contained in
principal acts for other types of districts like sanitary
districts should also be comparable. AB 1234 (Salinas),
Chapter 700, Statutes of 2005, requires a governing board
to adopt a written policy to determine acceptable
compensable activities, and adopt written policies for
reimbursing expenses. The Committee may wish to specify
that the requirements to establish written policies put in
place by AB 1234 are contained in the principal act for
garbage and refuse disposal districts, as follows:
(c) For purposes of this section, the determination of
whether a district board member's activities on any
specific day are compensable shall be made pursuant to
Article 2.3 (commencing with Section 53232) of Chapter 2 of
Part 1 of Division 2 of Title 5 of the Government Code.
(e) Reimbursement for these expenses is subject to Sections
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53232.2 and 53232.3 of the Government Code.
b) Determination of Compensation. This bill removes the
requirement that per diem be established by order of the
board. The Committee may wish to require the board to
provide by ordinance or resolution that each board member
receives compensation in an amount not to exceed $100.
6)Arguments in Support. MRWMD argues that board members have
taken on considerable responsibilities, including attendance
at multiple meetings often exceeding two in a calendar month.
Additionally, MRWMD argues board members should be afforded
the same compensation as members of virtually all other public
waste disposal districts in California and that this bill
brings their board members to a fair degree of equity with
their counterparts within the state.
7)Arguments in Opposition. None on file.
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REGISTERED SUPPORT / OPPOSITION:
Support
Monterey Regional Waste Management District [SPONSOR]
California Special Districts Association
Monterey County Business Council
Monterey Peninsula Chamber of Commerce
Save Our Shores
The Offset Project
Opposition
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None on file
Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958