BILL NUMBER: AB 341	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 10, 2011

   An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800,
42926, 44004, and 50001 of, to add Sections 40004, 41734.5, and
41780.01 to, and to add Chapter 12.8 (commencing with Section 42649)
to Part 3 of Division 30 of, the Public Resources Code, relating to
solid waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 341, as amended, Chesbro. Solid waste: diversion.
   (1) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, requires each city, county, and regional agency, if any, to
develop a source reduction and recycling element of an integrated
waste management plan containing specified components, including a
source reduction component, a recycling component, and a composting
component. With certain exceptions, the source reduction and
recycling element of that plan is required to divert 50% of all solid
waste from landfill disposal or transformation by January 1, 2000,
through source reduction, recycling, and composting activities.
   This bill would require the department, on January 1, 2020, and
annually thereafter, to ensure that 75% of all solid waste generated
is source reduced, recycled, or composted.
   (2) Existing law requires a city, county, and city and county to
incorporate the nondisposal facility element and any amendment to the
element into the revised source reduction and recycling element at
the time of the 5-year revision of the source reduction and recycling
element. Existing law requires the department to review an amendment
to a nondisposal facility element and requires a local task force to
review and comment on amendments to a nondisposal facility element.
   This bill would repeal those requirements. The bill would instead
require a city, county, city and county, or regional agency to update
all information required to be included in the nondisposal facility
element. The bill would provide that the update is not subject to
approval by the department or comment and review by a local task
force.
   (3) Existing law requires a local agency to impose certain
requirements on an operator of a large venue or event to facilitate
solid waste reduction, reuse, and recycling.
   This bill would require the owner or operator of a business,
defined  as   to include  a commercial or
public entity, that contracts for solid waste services and generates
more than 4 cubic yards of total solid waste per week or is a
multifamily residential dwelling  or   of 
5 units or more to take specified action.
   The bill would require a jurisdiction to implement a commercial
solid waste recycling program meeting specified elements but would
not require the jurisdiction to revise its source reduction and
recycling element if the jurisdiction adds or expands a commercial
solid waste recycling program to meet this requirement. The bill
would authorize a local agency to charge and collect a fee from a
commercial waste generator to recover the local agency's estimated
costs incurred in complying with the commercial solid waste recycling
program requirements. By requiring a jurisdiction to implement a
commercial solid waste recycling program, this bill would impose a
state-mandated local program.
   The bill would require the department to review a jurisdiction's
compliance with the above requirement as a part of the department's
review of a jurisdiction's compliance with the 50% solid waste
diversion requirement.
   (4) Existing law requires each state agency to submit an annual
report to the department summarizing its progress in reducing solid
waste that is due on September 1 of each year starting in 2009.
   This bill would change the due date to May 1 of each year.
   (5) Existing law requires an operator of a solid waste facility
that wants to change the design or operation of the solid waste
facility in a manner not authorized by the current permit to apply
for a revised permit. Within 60 days of receipt of the application
for the revised permit, the enforcement agency is required to inform
the operator, and in some circumstances the department, of its
determination to allow the change without revision of the permit,
disallow the change, require a revision of the permit to allow the
change, or require review under the California Environmental Quality
Act before a decision is made.
   This bill would also require the enforcement agency to give notice
of its determination to allow certain changes without a revision to
the permit through a modification to the permit allowed by
regulations developed by the department.
   (6) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION  .  1.  (a) The Legislature finds and
declares both of the following:
   (1) Since the enactment of the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), local governments and private
industries have worked jointly to create an extensive material
collection and recycling infrastructure and have implemented
effective programs to achieve a statewide diversion rate above 50
percent.
   (2) Although the state now leads the nation in solid waste
reduction and recycling, the state continues to dispose of more than
40 million tons of solid waste each year, which is more than the
national average on a per capita basis. Additional efforts must be
undertaken to divert more solid waste from disposal in order to
conserve scarce natural resources.
   (b) The Legislature further finds and declares all of the
following:
   (1) Approximately 64 percent of the state's solid waste disposal
is from commercial sources, including commercial, industrial,
construction, and demolition activities. In addition, 8 percent of
the state's solid waste disposal is from multifamily residential
housing that is often collected along with the commercial waste
stream.
   (2) The state's local governments have made significant progress
in reducing the amount of solid waste disposal from single-family
residential sources that make up 28 percent of the state's disposal,
but have faced more challenges in reducing disposal from the
commercial and multifamily sources.
   (3) The disposal of recyclable materials in the commercial solid
waste stream prevents materials from circulating in the state economy
to produce jobs and new products. Reducing the disposal of these
materials will conserve landfill capacity and contribute to a
reduction in greenhouse gas emissions and climate change.
   (4) The state has long been a national and international leader in
environmental stewardship efforts and mandating the diversion of
solid waste away from disposal. Bold environmental leadership and a
new approach are needed to divert commercial solid waste away from
disposal.
   (5) By exercising a leadership role, the state will lead the
business community toward a future in which the environment and the
economy both grow stronger together by recycling materials, which
creates new jobs, instead of burying resources, which exit the
economy forever.
   (6) By requiring commercial recycling, the state will help
businesses reduce costly disposal fees and reclaim valuable
resources.
  SEC. 2.  Section 40004 is added to the Public Resources Code, to
read:
   40004.  (a) The Legislature finds and declares all of the
following:
   (1) Solid waste diversion and disposal reduction require the
availability of adequate solid waste processing and composting
capacity.
   (2) The existing network of public and private solid waste
processing and composting facilities provides a net environmental
benefit to the communities served, and represents a valuable asset
and resource of this state, one that must be sustained and expanded
to provide the additional solid waste processing capacity that will
be required to achieve the additional solid waste diversion targets
expressed in Section 41780.01 and the commercial solid waste
recycling requirement expressed in Section 42649.
   (3) The provisions in existing law that confer broad discretion on
local agencies to determine aspects of solid waste handling that are
of local concern have significantly contributed to the statewide
diversion rate exceeding 50 percent, and further progress toward
decreasing solid waste disposal requires that this essential element
of local control be preserved.
   (b) It is the intent of the Legislature to encourage the
development of the additional solid waste processing and composting
capacity that is needed to meet state objectives for decreasing solid
waste disposal by identifying incentives for local governments to
locate and approve new or expanded facilities that meet and exceed
their capacity needs, and to recognize local agencies that make
significant contributions to the state's overall solid waste
reduction and recycling objectives through the siting of facilities
for the processing and composting of materials diverted from the
solid waste stream.
   (c) By setting new commercial solid waste recycling requirements
in Section 42649, the Legislature does not intend to limit a right
afforded to local governments pursuant to Section 40059, or to modify
or abrogate in any manner the rights of a local government or solid
waste enterprise with regard to a solid waste handling franchise or
contract.
  SEC. 3.  Section 41730 of the Public Resources Code is amended to
read:
   41730.  Except as provided in Section 41750.1, each city shall
prepare, adopt, and, except for a city and county, transmit to the
county in which the city is located a nondisposal facility element
that includes all of the information required by this chapter and
that is consistent with the implementation of a city source reduction
and recycling element adopted pursuant to this part. The nondisposal
facility element and any updates to the element shall not be subject
to the approval of the county and the majority of cities with the
majority of the population in the incorporated area.
  SEC. 4.  Section 41731 of the Public Resources Code is amended to
read:
   41731.  Except as provided in Section 41750.1, each county shall
prepare, adopt, and, except for a city and county, transmit to the
cities located in the county a nondisposal facility element that
includes all of the information required by this chapter and that is
consistent with the implementation of a county source reduction and
recycling element adopted pursuant to this part. The nondisposal
facility element and any updates to the element shall not be subject
to the approval of the majority of cities with the majority of the
population in the incorporated area.
  SEC. 5.  Section 41734 of the Public Resources Code is amended to
read:
   41734.  (a) (1) Prior to adopting a nondisposal facility element,
the city, county, or regional agency shall submit the element to the
task force created pursuant to Section 40950 for review and comment.
   (2) Prior to adopting a regional agency nondisposal facility
element, if the jurisdiction of the regional agency extends beyond
the boundaries of a single county, the regional agency shall submit
the element for review and comment to each task force created
pursuant to Section 40950 of each county within the jurisdiction of
the regional agency.
   (b) Comments by the task force shall include an assessment of the
regional impacts of potential diversion facilities and shall be
submitted to the city, county, or regional agency and to the
department within 90 days of the date of receipt of the nondisposal
facility element for review and comment.
  SEC. 6.  Section 41734.5 is added to the Public Resources Code, to
read:
   41734.5.  (a) Once a nondisposal facility element has been
adopted, the city, county, or regional agency shall update all
information required to be included in the nondisposal facility
element, including, but not limited to, new information regarding
existing and new, or proposed, nondisposal facilities.
   (b) Updates shall be provided to the department within 30 days of
any change in information.
   (c) Copies of the updated information shall also be provided to
the local task force and shall be appended or otherwise added to the
nondisposal facility element.
   (d) The local task force shall not be required to review and
comment on the updates to the nondisposal facility elements.
   (e) Updates to the nondisposal facility elements are not subject
to approval by the department.
  SEC. 7.  Section 41735 of the Public Resources Code is amended to
read:
   41735.  (a) Notwithstanding Division 13 (commencing with Section
21000), the adoption or update of a nondisposal facility element
shall not be subject to environmental review.
   (b) Local agencies may impose a fee on project proponents to fund
their necessary and actual costs of preparing and approving updates
to nondisposal facility elements.
  SEC. 8.  Section 41736 of the Public Resources Code is amended to
read:
   41736.  It is not the intent of the Legislature to require cities
and counties to revise their source reduction and recycling elements
to comply with the requirements of this chapter.
  SEC. 9.  Section 41780.01 is added to the Public Resources Code, to
read:
   41780.01.  On or before January 1, 2020, and annually thereafter,
the department shall ensure that 75 percent of solid waste generated
is source reduced, recycled, or composted.
  SEC. 10.  Section 41800 of the Public Resources Code is amended to
read:
   41800.  (a) Except as provided in subdivision (b), within 120 days
from the date of receipt of a countywide or regional integrated
waste management plan that the department has determined to be
complete, or any element of the plan that the department has
determined to be complete, the department shall determine whether the
plan or element is in compliance with Article 2 (commencing with
Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencing with
Section 41000), and Chapter 5 (commencing with Section 41750), and,
based upon that determination, the department shall approve,
conditionally approve, or disapprove the plan or element.
   (b) (1) Within 120 days from the date of receipt of a city,
county, or regional agency nondisposal facility element that the
department has determined to be complete, the department shall
determine whether the element that the department has determined to
be complete is in compliance with Chapter 4.5 (commencing with
Section 41730) and Article 1 (commencing with Section 41780) of
Chapter 6, and, based upon that determination, the department shall
approve, conditionally approve, or disapprove the element within that
time period.
   (2) In reviewing the element, the department shall:
   (A) Not consider the estimated capacity of the facility or
facilities in the element unless the department determines that this
information is needed to determine whether the element meets the
requirements of Article 1 (commencing with Section 41780) of Chapter
6.
   (B) Recognize that individual facilities represent portions of
local plans or programs that are designed to achieve the diversion
requirements of Section 41780 and therefore may not arbitrarily
require new or expanded diversion at proposed facilities.
   (C) Not disapprove an element that includes a transfer station or
other facility solely because the facility does not contribute toward
the jurisdiction's efforts to comply with Section 41780.
   (c) If the department does not act to approve, conditionally
approve, or disapprove an element that the department has determined
to be complete within 120 days, the department shall be deemed to
have approved the element.
  SEC. 11.  Chapter 12.8 (commencing with Section 42649) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 12.8.  RECYCLING OF COMMERCIAL SOLID WASTE


   42649.  (a) It is the intent of the Legislature to require
businesses to recycle solid waste that they generate.
   (b) It is the intent of the Legislature to allow jurisdictions
flexibility in developing and maintaining commercial solid waste
recycling programs.
   42649.1.  For purposes of this chapter, the following terms mean
the following:
   (a) "Business" means a commercial or public entity, including, but
not limited to, a firm, partnership, proprietorship, joint stock
company, corporation, or association that is organized as a
for-profit or nonprofit entity, or a multifamily residential
dwelling.
   (b) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2.
   (c) "Self-hauler" means a business that hauls its own waste rather
than contracting for that service.
   42649.2.  (a) The owner or operator of a business that contracts
for solid waste services and generates more than four cubic yards of
total solid waste per week or is a multifamily residential dwelling
of five units or more shall arrange for recycling services,
consistent with state or local laws or requirements, including a
local ordinance or agreement, applicable to the collection, handling,
or recycling of solid waste, to the extent that these services are
offered and reasonably available from a local service provider.
   (b) A commercial waste generator shall take either of the
following actions:
   (1) Source separate specified recyclable materials from solid
waste and subscribe to a basic level of recycling service that
includes the collection of those recyclable materials or specific
provisions for authorized self-hauling.
   (2) Subscribe to an alternative type of recycling service that may
include mixed waste processing that yields diversion results
comparable to source separation.
   42649.3.  (a) Each jurisdiction shall implement a commercial solid
waste recycling program appropriate for that jurisdiction designed
to divert solid waste from businesses subject to Section 426492,
whether or not the jurisdiction has met the requirements of Section
41780.
   (b) If a jurisdiction already has a commercial solid waste
recycling program as one of its diversion elements that meets the
requirements of this section, it shall not be required to implement a
new or expanded commercial solid waste recycling program.
   (c) The commercial solid waste recycling program shall be directed
at a commercial waste generator, as defined in subdivision (b) of
Section 42649.1, and may include, but is not limited to, any of the
following:
   (1) Implementing a mandatory commercial solid waste recycling
policy or ordinance.
   (2) Requiring a mandatory commercial solid waste recycling program
through a franchise contract or agreement.
   (3) Requiring all commercial solid waste to go through a mixed
processing system that diverts material from disposal.
   (d) The commercial solid waste recycling program shall include
education and outreach to businesses.
   (e) The commercial solid waste recycling program may include
enforcement and monitoring provisions.
   (f) The commercial solid waste recycling program may include
certification requirements for self-haulers.
   (g) The department shall review a jurisdiction's compliance with
this section as part of the department's review required by Section
41825.
   42649.4.  (a) If a jurisdiction adds or expands a commercial solid
waste recycling program to meet the requirements of Section 42649.3,
the jurisdiction shall not be required to revise its source
reduction and recycling element, or obtain the department's approval
pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of
Part 1.
   (b) If an addition or expansion of a jurisdiction's commercial
solid waste recycling program is necessary, the jurisdiction shall
update in its annual report required pursuant to Section 41821.
   42649.5.  (a) This chapter does not limit the authority of a local
agency to adopt, implement, or enforce a local commercial solid
waste recycling requirement that is more stringent or comprehensive
than the requirements of this section or limit the authority of a
local agency in a county with a population of less than 200,000 to
require commercial solid waste recycling.
   (b) This chapter does not modify, limit, or abrogate in any manner
any of the following:
   (1) A franchise granted or extended by a city, county, or other
local government agency.
   (2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, or other local
government agency. 
   (3) The existing right of a business to sell, donate, or otherwise
transfer its recyclable materials to any person or entity for
recycling.  
   (3) The existing right of a business to sell or donate its
recyclable materials. 
   42649.6.  A local agency may charge and collect a fee from a
commercial waste generator in order to recover the local agency's
estimated costs incurred in complying with this chapter. 
   42649.7.  (a) This chapter does not require a commercial entity in
the business of buying or selling recyclable materials to disclose
data, information, or writings, as defined by Section 250 of the
Evidence Code, relating to recyclable materials, including, but not
limited to, the quantity, price, or types of recyclable materials.
   (b) Subdivision (a) does not limit the authority of the department
to collect data, information, or writings from a solid waste
facility. 
  SEC. 12.  Section 42926 of the Public Resources Code is amended to
read:
   42926.  (a) In addition to the information provided to the
department pursuant to Section 12167.1 of the Public Contract Code,
each state agency shall submit an annual report to the department
summarizing its progress in reducing solid waste as required by
Section 42921. The annual report shall be due on or before May 1,
2012, and on or before May 1 in each subsequent year. The information
in this report shall encompass the previous calendar year.
   (b) Each state agency's annual report to the department shall, at
a minimum, include all of the following:
   (1) Calculations of annual disposal reduction.
   (2) Information on the changes in waste generated or disposed of
due to increases or decreases in employees, economics, or other
factors.
   (3) A summary of progress made in implementing the integrated
waste management plan.
   (4) The extent to which the state agency intends to utilize
programs or facilities established by the local agency for the
handling, diversion, and disposal of solid waste. If the state agency
does not intend to utilize those established programs or facilities,
the state agency shall identify sufficient disposal capacity for
solid waste that is not source reduced, recycled, or composted.
   (5) Other information relevant to compliance with Section 42921.
   (c) The department shall use, but is not limited to the use of,
the annual report in the determination of whether the agency's
integrated waste management plan needs to be revised.
  SEC. 13.  Section 44004 of the Public Resources Code is amended to
read:
   44004.  (a) An operator of a solid waste facility shall not make a
significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit, unless the
change is approved by the enforcement agency, the change conforms
with this division and all regulations adopted pursuant to this
division, and the terms and conditions of the solid waste facilities
permit are revised to reflect the change.
   (b) If the operator wishes to change the design or operation of
the solid waste facility in a manner that is not authorized by the
existing permit, the operator shall file an application for revision
of the existing solid waste facilities permit with the enforcement
agency. The application shall be filed at least 180 days in advance
of the date when the proposed modification is to take place unless
the 180-day time period is waived by the enforcement agency.
   (c) The enforcement agency shall review the application to
determine all of the following:
   (1) Whether the change conforms with this division and all
regulations adopted pursuant to this division.
   (2) Whether the change requires review pursuant to Division 13
(commencing with Section 21000).
   (d) Within 60 days from the date of the receipt of the application
for a revised permit, the enforcement agency shall inform the
operator, and if the enforcement agency is a local enforcement
agency, also inform the department, of its determination to do any of
the following:
   (1) Allow the change without a revision to the permit.
   (2) Allow the following changes without a revision to the permit
through a modification to the permit allowed pursuant to regulations
developed by the department:
   (A) The proposed change is to allow a nondisposal facility to
increase the amount of solid waste that it may handle and that
increased amount is within the existing design capacity as described
in the facility's transfer processing report and review pursuant to
Division 13 (commencing with Section 21000).
   (B) The proposed change is to allow a disposal facility to add a
nondisposal activity to the facility that will increase the amount of
solid waste that may be handled as described in the facility's
report of facility information and review pursuant to Division 13
(commencing with Section 21000).
   (3) Disallow the change because it does not conform with the
requirements of this division or the regulations adopted pursuant to
this division.
   (4) Require a revision of the solid waste facilities permit to
allow the change.
   (5) Require review under Division 13 (commencing with Section
21000) before a decision is made.
   (e) The operator has 30 days within which to appeal the decision
of the enforcement agency to the hearing panel, as authorized
pursuant to Article 2 (commencing with Section 44305) of Chapter 4.
The enforcement agency shall provide notice of a hearing held
pursuant to this subdivision in the same manner as notice is provided
pursuant to subdivision (h).
   (f) Under circumstances that present an immediate danger to the
public health and safety or to the environment, as determined by the
enforcement agency, the 180-day filing period may be waived.
   (g) (1) A permit revision is not required for the temporary
suspension of activities at a solid waste facility if the suspension
meets either of the following criteria:
   (A) The suspension is for the maintenance or minor modifications
to a solid waste unit or to solid waste management equipment.
   (B) The suspension is for temporarily ceasing the receipt of solid
waste at a solid waste management facility and the owner or operator
is in compliance with all other applicable terms and conditions of
the solid waste facilities permit and minimum standards adopted by
the department.
   (2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and
postclosure maintenance requirements of this division and to all
other requirements imposed by federal law pertaining to the operation
of a solid waste facility.
   (3) The enforcement agency may impose any reasonable conditions
relating to the maintenance of the solid waste facility,
environmental monitoring, and periodic reporting during the period of
temporary suspension. The department may also impose any reasonable
conditions determined to be necessary to ensure compliance with
applicable state standards.
   (h) (1) (A) Before making its determination pursuant to
subdivision (d), the enforcement agency shall submit the proposed
determination to the department for comment and hold at least one
public hearing on the proposed determination. The enforcement agency
shall give notice of the hearing pursuant to Section 65091 of the
Government Code, except that the notice shall be provided to all
owners of real property within a distance other than 300 feet of the
real property that is the subject of the hearing, if specified in the
regulations adopted by the department pursuant to subdivision (i).
The enforcement agency shall also provide notice of the hearing to
the department when it submits the proposed determination to the
department.
   (B) The enforcement agency shall mail or deliver the notice
required pursuant to subparagraph (A) at least 10 days prior to the
date of the hearing to any person who has filed a written request for
the notice with a person designated by the enforcement agency to
receive these requests. The enforcement agency may charge a fee to
the requester in an amount that is reasonably related to the costs of
providing this service and the enforcement agency may require each
request to be annually renewed.
   (C) The enforcement agency shall consider environmental justice
issues when preparing and distributing the notice to ensure that the
notice is concise and understandable for limited-English-speaking
populations.
   (2) If the department comments pursuant to paragraph (1), the
department shall specify whether the proposed determination is
consistent with the regulation adopted pursuant to subdivision (i).
   (i) (1) The department shall, to the extent resources are
available, adopt regulations that implement subdivision (h) and
define the term "significant change in the design or operation of the
solid waste facility that is not authorized by the existing permit."

   (2) While formulating and adopting the regulations required
pursuant to paragraph (1), the department shall consider
recommendations of the Working Group on Environmental Justice and the
advisory group made pursuant to Sections 71113 and 71114 and the
report required pursuant to Section 71115.
  SEC. 14.  Section 50001 of the Public Resources Code is amended to
read:
   50001.  (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the Department of Resources Recycling and Recovery
pursuant to Division 30 (commencing with Section 40000), a person
shall not establish or expand a solid waste facility, as defined in
Section 40194, in the county unless the solid waste facility meets
one of the following criteria:
   (1) The solid waste facility is a disposal facility or a
transformation facility, the location of which is identified in the
countywide siting element or amendment to that element, which has
been approved pursuant to Section 41721.
   (2) The solid waste facility is a facility that is designed to
recover for reuse or recycling at least 5 percent of the total volume
of material received by the facility, and that is described in the
nondisposal facility element that has been approved pursuant to
Section 41800 or is included in an update to that element.
   (b) Solid waste facilities other than those specified in
paragraphs (1) and (2) of subdivision (a) shall not be required to
comply with the requirements of this section.
   (c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation
    schedule requirements of Section 41780 and the regional impact of
the facility. The task force shall transmit these comments to the
person or public agency proposing establishment of the solid waste
facility, to the county, and to all cities within the county. The
comments shall become part of the official record of the proposed
solid waste facility.
   (d) The review and comment by the local task force shall not be
required for an update to a nondisposal facility element.
  SEC. 15.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.