BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1817|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1817
Author: Mark Stone (D)
Amended: 4/11/16 in Assembly
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 5/11/16
AYES: Hertzberg, Beall, Hernandez, Lara, Moorlach, Pavley
NO VOTE RECORDED: Nguyen
ASSEMBLY FLOOR: 53-16, 4/14/16 - See last page for vote
SUBJECT: Solid waste: garbage and refuse disposal districts:
board of directors
SOURCE: Monterey Regional Waste Management District
DIGEST: This bill increases the maximum amounts of compensation
that can be provided to a garbage and refuse disposal district's
board of directors.
ANALYSIS:
Existing law:
1)Allows a county board of supervisors to form a garbage and
refuse disposal district after determining, by resolution,
that a portion of the county is in need of a site for the
disposal of garbage and refuse and should be formed into a
district (AB 1054, Silhman, Chapter 964, Statutes of 1951).
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Page 2
2)Allows a garbage and refuse disposal district's board of
director to receive a maximum of $50 per diem for each day of
attendance at board meetings and a maximum of $100 per diem in
any calendar month (SB 675, Grunsky, Chapter 232, Statutes of
1975).
3)Allows board members of some other types of special districts
that provide waste disposal services, like community services
district and sanitary district board members, to be
compensated up $100 per meeting for up to six meetings per
month and allows those districts' boards to adopt ordinances
that increase board members' compensation.
This bill increases the current statutory cap on compensation
for a garbage and refuse disposal district's board of directors.
Specifically, this bill:
1)Deletes the $50 per meeting limit on the amount of per diem
that a director can receive and, instead, authorizes the
board, by ordinance or resolution, to provide compensation
that does not exceed $100 per meeting or for each day of
service rendered as director by request of the board.
2)Deletes the $100 monthly limit on the amount of per diem
received by each director and, instead, authorizes a board
member to receive compensation for up to six days in a
calendar month.
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.
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Background
State law allows a county board of supervisors to form a garbage
and refuse disposal district after determining, by resolution,
that a portion of the county is in need of a site for the
disposal of garbage and refuse and should be formed into a
district. State law prohibits any garbage and refuse disposal
district from being formed after October 1, 1961.
A garbage and refuse disposal district's board of director may
receive a maximum of $50 per diem for each day of attendance at
board meetings and a maximum of $100 per diem in any calendar
month. Board members may be reimbursed for their actual and
necessary expenses incurred in the performance of official
business of the district, as approved by the board. These
limits on board members' compensation are lower than the limits
for board members of some other types of special districts that
provide waste disposal services. For example, state law allows
community services district and sanitary district board members
to be compensated up $100 per meeting for up to six meetings per
month and allows those districts' boards to adopt ordinances
that increase board members' compensation.
According to data collected by the State Controller's Office,
the Monterey Regional Waste Management District (MRWMD) is the
only special district still in existence that operates pursuant
to the statutes that govern garbage and refuse disposal
districts. MRWMD was created in 1951 as the Monterey Peninsula
Garbage & Refuse Disposal District in response to the dumping
and burning of waste on coastal sand dunes in Pacific Grove,
Monterey, and Carmel. In 1987, the 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 board of
directors comprised of nine members who are appointed to
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four-year terms.
MRWMD officials note that as its board of director's
responsibilities has increased, the principal act that limits
directors' compensation remains unchanged. They want the
Legislature to amend the statute that limits directors'
compensation to more closely align with statutes that govern
other waste disposal districts' boards.
Comment
Purpose of the bill. The $50 per meeting and $100 per month
limits on compensation received by MRWMD's Board of Directors
were enacted in 1975. During the past four decades, MRWMD has
increased its responsibilities and obligations due to an
expanding residential and commercial population and new
statutorily-required duties. MRWMD directors now oversee 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. Board members attend many more than two meetings per
month and often attend other trainings and workshops. AB 1817
proposes to update the statute governing MRWMD directors'
compensation to align more closely with directors' expanded
responsibilities as well as to mirror the compensation rates of
other waste disposal districts in the state.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/11/16)
Monterey Regional Waste Management District (source)
California Special Districts Association
Monterey County Business Council
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Monterey Peninsula Chamber of Commerce
Save Our Shores
The Offset Project
OPPOSITION: (Verified5/11/16)
None received
ASSEMBLY FLOOR: 53-16, 4/14/16
AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta,
Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley,
Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Roger Hernández, Holden, Jones-Sawyer, Lackey, Lopez,
Low, Maienschein, Medina, Mullin, Obernolte, O'Donnell, Olsen,
Quirk, Ridley-Thomas, Rodriguez, Santiago, Mark Stone,
Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Rendon
NOES: Travis Allen, Brough, Chang, Chávez, Beth Gaines,
Gallagher, Gray, Hadley, Harper, Jones, Kim, Mathis,
Patterson, Salas, Steinorth, Wagner
NO VOTE RECORDED: Achadjian, Bigelow, Dahle, Grove, Irwin,
Levine, Linder, Mayes, McCarty, Melendez, Nazarian
Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
5/13/16 11:54:22
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