BILL ANALYSIS Ó
AB 1817
Page 1
ASSEMBLY THIRD READING
AB
1817 (Mark Stone)
As Amended April 11, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |7-1 |Eggman, Waldron, |Beth Gaines |
|Government | |Mullin, Bonilla, | |
| | |Chiu, Cooley, Gordon | |
| | | | |
| | | | |
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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, authorizes the
board, by ordinance or resolution, to provide compensation
that does not exceed $100 per meeting, as specified.
AB 1817
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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. Authorizes a board member to receive
compensation for a day of service rendered as director by
request of the board.
3)Provides that reimbursement and compensation for meetings are
subject to existing law, which requires a governing board to
adopt a written policy to determine acceptable compensable
activities, and adopt written policies for reimbursing
expenses.
4)Makes other technical changes.
EXISTING LAW:
1)Authorizes the board of directors for a garbage and refuse
disposal district to receive a maximum of $50 per diem for
each day of attendance at board meetings, and prohibits board
members from receiving more than $100 per diem in any calendar
month.
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.
FISCAL EFFECT: None
COMMENTS:
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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, and sanitary
districts. Additionally, existing law outlines a principal
act for garbage and refuse disposal districts, which requires
the board to consist of at least three directors and provides
an appointment process. The Assembly Revenue and Taxation
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. MRWMD is governed by a nine-member board appointed
to four-year terms and consists of seven members appointed by
each of the cities within the district's boundaries, one
member for the unincorporated area, and one member-at-large.
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 authorizing the board to
provide, by ordinance or resolution, board members with
compensation in an amount not to exceed $100 per day of
attendance at a meeting of the board for each day of service
AB 1817
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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 for up to six days in a
calendar month. This bill also specifies that compensation
and reimbursement expenses are subject to existing law put in
place by AB 1234 (Salinas), Chapter 700, Statutes of 2005,
which requires a governing board to adopt a written policy to
determine acceptable compensable activities, and adopt written
policies for reimbursing expenses. 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. Currently, MRWMD has
an increased number of responsibilities and obligations due to
an expanding residential and commercial population and new
statutorily-required duties. This change required an increase
in the 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 waste disposal districts in the
state."
5)Arguments in Support. MRWMD argues board members should be
afforded the same compensation as members of virtually all
other public waste disposal districts and that this bill
brings their board members to a fair degree of equity with
their counterparts.
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6)Arguments in Opposition. None on file.
Analysis Prepared by:
Misa Lennox / L. GOV. / (916) 319-3958 FN:
0002728