SECTIONS 41900-41904 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41900-41904

41900. Each city and county shall demonstrate a funding source, or
sources, available to pay for preparing, adopting, and implementing
the element or plan, as required by this part.

41901. A city, county, or city and county may impose fees in
amounts sufficient to pay the costs of preparing, adopting, and
implementing a countywide integrated waste management plan prepared
pursuant to this division. The fees shall be based on the types or
amounts of the solid waste, and shall be used to pay the actual costs
incurred by the city or county in preparing, adopting, and
implementing the plan, as well as in setting and collecting the local
fees. In determining the amounts of the fees, a city or county shall
include only those costs directly related to the preparation,
adoption, and implementation of the plan and the setting and
collection of the local fees. A city, county, or city and county
shall impose the fees pursuant to Section 66016 of the Government
Code.

41902. A local agency may directly collect the fees authorized by
this chapter or may, by agreement, arrange for the fees to be
collected by a solid waste hauler providing solid waste collection
for the city or county.

41903. A city or county may assess special fees of a reasonable
amount on the importation of waste from outside of the county to
publicly owned or privately owned facilities. No city or county shall
export solid waste to any other jurisdiction unless the exporting
city or county has, within one year following the date specified in
Section 41791 or a later date established or permitted by the board,
an approved city or county household hazardous waste element and a
source reduction and recycling element which have both been
implemented, or have submitted a countywide integrated waste
management plan, and is in compliance with it, provided, however,
that, until one year following the date specified in Section 41791 or
a later date established by the board, nothing herein shall be
construed as prohibiting the export of solid waste. The board may
waive the requirements of this section if the board determines that
all additional reasonable source reduction and recycling programs are
being implemented in the city or county or if the board determines
that the system to export waste supports or enhances the city or
county source recovery and recycling element.

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.