Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1061

Introduced by Assembly Member Fox

February 22, 2013

An act to begin delete amend Section 9656 of the Business and Professions Code, relating to cemeteries end delete begin insert add Section 40059.4 to the Public Resources Code, relating to solid waste end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1061, as amended, Fox. begin delete Cemeteries. end delete begin insert Sold waste: disposal: residents. end insert

begin insert

Existing law, the California Integrated Waste Management Act of 1989 allows each county, city, or district to determine aspects of solid waste handling that are of local concern and the means by which the services are to be provided. The act prohibits an ordinance enacted by a city or county from otherwise restricting or limiting the importation of solid waste into a privately owned solid waste facility in that city or county based on place of origin and specifies that this prohibition does not require a privately owned or operated solid waste facility to accept certain solid waste from outside the city or county where the facility is located.

end insert begin insert

This bill would prohibit a solid waste facility from refusing to accept solid waste, which the facility is otherwise authorized to accept, from a person who is a resident of the city or county in which the solid waste facility is located. The bill would specify that a resident of a city or county would include a person who rents or leases residential property in that city or county.

end insert begin delete

Existing law, the Cemetery Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties, including, but not limited to, licensing and regulating cemetery managers, salespersons, and brokers. Existing law requires the bureau to examine the endowment care funds of cemetery authorities, as specified.

end delete begin delete

This bill would make technical, nonsubstantive changes to a provision of the Cemetery Act related to endowment care funds.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 40059.4 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 40059.4. end insert   

(a) A solid waste facility shall not refuse to accept
solid waste, which the facility is otherwise authorized to accept,
from a person who is a resident of the city or county in which the
solid waste facility is located.

(b) For purposes of this section, a resident of a city or county
includes, but is not limited to, a person who rents or leases
residential property in that city or county.

(c) This section shall apply to a solid waste facility regardless
of whether it is owned or operated by a public agency or by a
private entity.

end insert

begin delete

SECTION 1.  

Section 9656 of the Business and Professions
Code is amended to read:

9656.  

If the bureau finds, after notice and hearing, that any
endowment care funds have been invested in violation of the Health
and Safety Code, the bureau shall by written order mailed to the
person or body in charge of the fund require the reinvestment of
the funds in conformity to that code within a period that shall be
not less than two years if the investment was made prior to October
1, 1949, not less than six months if the investment was made on
or after October 1, 1949, and before the effective date of the
amendment of this section by the 1969 Regular Session of the
Legislature, and not less than 30 days if the investment is made
on or after the effective date of the amendment. The period may
be extended by the bureau in its discretion.

end delete