BILL NUMBER: AB 2558 CHAPTERED
BILL TEXT
CHAPTER 732
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 1996
APPROVED BY GOVERNOR SEPTEMBER 21, 1996
PASSED THE ASSEMBLY AUGUST 30, 1996
PASSED THE SENATE AUGUST 27, 1996
AMENDED IN SENATE AUGUST 22, 1996
AMENDED IN SENATE JUNE 13, 1996
AMENDED IN ASSEMBLY APRIL 18, 1996
AMENDED IN ASSEMBLY MARCH 28, 1996
INTRODUCED BY Assembly Member Alby
FEBRUARY 21, 1996
An act to amend Sections 41950, 41951, 41953, and 41955 of, and to
add Sections 41956 and 43300.5 to, the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2558, Alby. Solid waste: unlawful acts.
(1) Existing law, the California Integrated Waste Management Act
of 1989, establishes an integrated waste management program
administered by the California Integrated Waste Management Board.
The act authorizes the imposition of specified damages or civil
penalties for the unauthorized removal of specified recyclable
materials. A violation of those provisions is also a misdemeanor,
punishable as prescribed.
This bill would also authorize the imposition of those damages or
civil penalties for the removal of specified segregated waste
materials.
The bill would specify, that, unless otherwise provided by
contract, from the time that recyclable materials are placed at the
designated recycling location by any commercial or industrial entity,
the recyclable materials are the property of the authorized
recycling agent.
The bill would authorize a court, in any civil action by a
recycling agent against a person alleged to have violated these
provisions for a second, or subsequent time, in any 12-month period,
to either allow treble damages, as measured by the market value of
the recycled material removed, or award a civil penalty of not more
than $5,000, whichever is greater, for each unauthorized removal
against the unauthorized person removing the recyclable material.
The bill would permit a violation where the value of the stolen
material is more than $50, but less than $400, to be charged as
either a misdemeanor or an infraction, thereby imposing a
state-mandated local program by redefining a crime.
The bill would authorize the board to award special enforcement
grants to cities or counties to support pilot programs designed to
develop and evaluate enforcement techniques to reduce the theft of
recyclable materials from commercial, industrial, or other
nonresidential establishments.
The bill would declare that the enforcement policies of the act
shall be applied equally and without distinction to publicly owned or
operated, and to privately owned or operated, solid waste
facilities.
(2) 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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41950 of the Public Resources Code is amended
to read:
41950. (a) No person, other than the authorized recycling agent
of the city or county, shall remove paper, glass, cardboard, plastic,
used motor oil, ferrous metal, aluminum, or other recyclable
materials which have been segregated from solid waste materials and
placed at a designated recycling collection location for residential
curbside collection programs authorized by a city, county, or local
agency for the purposes of collection and recycling.
(b) No person shall be subject to an action for a violation of
this section, unless the person knows, or reasonably should know,
that the materials would otherwise be collected by the authorized
recycling agent for residential curbside collection programs
authorized by a city, county, or local agency for the purpose of
recycling the materials.
(c) From the time that the recyclable materials specified in
subdivision (a) are placed for collection at curbside, for a
residential curbside collection program authorized by a city, county,
or local agency, the recyclable materials are the property of the
authorized recycling agent.
SEC. 2. Section 41951 of the Public Resources Code is amended to
read:
41951. (a) For the purposes of this section, "commercial entity"
includes a multifamily residential complex.
(b) Unless otherwise provided by contract, paper, glass,
cardboard, plastics, used motor oil, ferrous metal, aluminum, and
other recyclable materials, which have been segregated from other
waste materials, and placed at the designated recycling collection
location by any commercial or industrial entity, shall not be removed
by anyone other than the authorized recycling agent.
(c) Unless otherwise provided by contract, from the time that the
recyclable materials specified in subdivision (b) are placed at the
designated recycling location, the recyclable materials are the
property of the authorized recycling agent.
SEC. 3. Section 41953 of the Public Resources Code is amended to
read:
41953. (a) In any civil action by a recycling agent against a
person alleged to have violated Section 41950 or 41951, the court may
either allow treble damages, as measured by the market value of the
recyclable material removed, or award a civil penalty of not more
than two thousand dollars ($2,000), whichever is greater, for each
unauthorized removal, against the unauthorized person removing the
recyclable material.
(b) In any civil action by a recycling agent against a person
alleged to have violated Section 41950 or 41951 for a second, or
subsequent time, in any 12-month period, the court may either allow
treble damages, as measured by the market value of the recyclable
material removed, or award a civil penalty of not more than five
thousand dollars ($5,000), whichever is greater, for each
unauthorized removal against the unauthorized person removing the
recyclable material.
SEC. 4. Section 41955 of the Public Resources Code is amended to
read:
41955. If the value of the stolen material is more than fifty
dollars ($50), but less than four hundred dollars ($400), a violation
of this part may be charged as either a misdemeanor or an
infraction. A violation after a second conviction within a 12-month
period shall be charged as a misdemeanor punishable pursuant to
Section 19 of the Penal Code.
SEC. 5. Section 41956 is added to the Public Resources Code, to
read:
41956. The board may award special enforcement grants to cities
or counties to support pilot programs designed to develop and
evaluate enforcement techniques to reduce the theft of recyclable
materials from commercial, industrial, or other nonresidential
establishments.
SEC. 6. Section 43300.5 is added to the Public Resources Code, to
read:
43300.5. The enforcement policies of this division shall be
applied equally and without distinction to publicly owned or
operated, and to privately owned or operated, solid waste facilities.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.