Statute · California Public Resources Code

Cal. Pub. Res. Code § 40059.3 — General Provisions

Cal. Pub. Res. Code § 40059.3

Type
Statute
Source
California Public Resources Code
Jurisdiction
California
Date
2013-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) An ordinance adopted by a city or county or an ordinance enacted by initiative by the voters of a city or county shall not restrict or limit the importation of solid waste into a privately owned facility in that city or county based on the place of origin.

Citator

Cal. Pub. Res. Code § 40059.3 — General Provisions is in force in the current edition of the Code, and nothing recorded condemns it.

(a) An ordinance adopted by a city or county or an ordinance enacted by initiative by the voters of a city or county shall not restrict or limit the importation of solid waste into a privately owned facility in that city or county based on the place of origin.

(b) This section does not do any of the following:

(1) Require a privately owned solid waste facility or privately operated solid waste facility to accept solid waste from outside the city or county where the facility is located.

(2) Allow a privately owned solid waste facility to abrogate a written agreement guaranteeing permitted capacity to a host jurisdiction, including a regional agency.

(3) Prohibit a city, county, or regional agency from requiring a privately owned solid waste facility to guarantee permitted capacity to a host jurisdiction, including a regional agency.

(4) Supersede or otherwise affect the land use authority of a city or county, including, but not limited to, planning, zoning, and permitting, or an ordinance lawfully adopted pursuant to that land use authority.