BILL NUMBER: AB 3022	CHAPTERED
	BILL TEXT

	CHAPTER   519
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1996
	APPROVED BY GOVERNOR   SEPTEMBER 14, 1996
	PASSED THE SENATE   AUGUST 23, 1996
	PASSED THE ASSEMBLY   JULY 11, 1996
	AMENDED IN ASSEMBLY   JULY 9, 1996
	AMENDED IN ASSEMBLY   MAY 22, 1996

INTRODUCED BY  Assembly Members Sher and Cunneen

                        FEBRUARY 23, 1996

   An act to add Section 41904 to the Public Resources Code, relating
to solid waste, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3022, Sher.  Solid waste:  local fee authority:  nonprofit
charitable reusers.
   Existing law, the California Integrated Waste Management Act of
1989, regulates the management and handling of solid waste.
   The act permits a city , county, district, or regional agency to
impose fees in amounts sufficient to pay for costs pertaining to the
management of solid waste, including authorizing the charging of fees
to pay the costs of solid waste management planning under the act.
   This bill would authorize a city, county, district, or regional
agency to structure those solid waste management fees in a manner
that limits, as prescribed, the fees charged nonprofit charitable
reusers, as defined, including exempting nonprofit charitable reusers
from fees imposed on the handling and disposal of their residue, as
defined.  The bill would make legislative findings and declarations
in that regard.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 41904 is added to the Public Resources Code, to
read:
   41904.  (a) For the purposes of this section, the following terms
have the following meaning:
   (1) "Nonprofit charitable reuser" means a charitable organization,
as defined in Section 501(c)(3) of the federal Internal Revenue
Code, or a distinct operating unit or division of the charitable
organization, that reuses and recycles donated goods or materials and
receives more than 50 percent of its revenues from the handling and
sale of those donated goods or materials.
   (2) "Residue" means the solid waste resulting from the receipt,
collection, transportation, sorting, processing, or sale of goods or
materials donated to the nonprofit charitable reuser for reuse or
recycling, including solid wastes left at collection, processing, or
sale sites, but does not include solid wastes resulting from other
activities of the nonprofit charitable reuser, such as, but not
limited to, the assembly or manufacture of products from new
materials, the provision of charitable services such as classroom
education, meal preparation, and shelter, or the provision of
services for a fee, including solid waste handling services.
   (b) The Legislature hereby finds and declares both of the
following:
   (1) In addition to their service to the poor, disabled, and
disadvantaged, charitable organizations provide a valuable service by
providing for the reuse or recycling of many articles that otherwise
would be disposed of at disposal sites.  That reuse or recycling is
a leading form of source reduction, which has the highest priority
among solid waste management practices identified for California.
   (2) The purpose of this section is to authorize local agencies to
limit the amount of solid waste handling and disposal fees, as well
as any fees authorized by this chapter, for nonprofit charitable
reusers to help those nonprofit  organizations meet the costs of
reusing or recycling donated goods or materials.
   (3) The activities of nonprofit charitable reusers that reuse and
recycle waste that would otherwise be disposed of assist local
agencies in meeting the diversion requirements of Section 41780.
   (c) (1) A city, county, district, or regional agency may structure
its fees for the solid waste handling services or disposal services
that it directly provides in a manner that requires nonprofit
charitable reusers to pay only the direct costs of handling and
disposing of their residue, and exempts them from paying any fee
amounts associated with administrative costs to the city, county,
district, or regional agency or associated with any other costs that
are incurred by the city, county, district, or regional agency
pursuant to this division.
   (2) A city, county, district, or regional agency may exempt
nonprofit charitable reusers from all or part of any fees imposed on
the handling or disposal of their residue pursuant to this chapter.
   (d) To implement this section, a city, county, district, or
regional agency may, by ordinance, resolution, or otherwise, restrict
any fee reduction or exemption to specified classes of nonprofit
charitable reusers, such as by their size or location, or by the
amount, origin, or types of solid waste handled or disposed of, and
may require that nonprofit charitable reusers enter into contractual
agreements to report the amounts of solid waste disposed of and
materials diverted, to maintain specified levels of service and
performance, or to perform any activity that the city, county,
district, or regional agency may require to achieve the diversion
requirements of Section 41780.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Nonprofit charitable reusers are struggling to remain solvent in
difficult economic times.  In order to ensure that the costs to those
reusers of disposing of solid waste are kept at a minimum, it is
necessary that this act take effect immediately.