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(Amended by Ord. No. 184,665, Eff. 1/25/17.)
Under the City’s RENEW LA Plan, the City committed to reaching Zero Waste by diverting 70 percent of the solid waste generated in the City by 2013, diverting 90 percent by 2025, and becoming a Zero Waste city by 2030. State law currently requires at least 50 percent solid waste diversion and establishes a state-wide goal of 75 percent diversion by 2020. Moreover, state law requires mandatory commercial recycling in all businesses and multi- family complexes and imposes additional reporting requirements on local agencies, including the City. In order to meet these requirements and goals, increasing recycling and diversion in the commercial and multi-family waste sectors is imperative. The commercial and multi-family sectors produce most of the City’s solid waste. Currently, a significant amount of commercial and multi-family solid waste generated in the City, including recyclables and organics, is going to landfills, resulting in unnecessary greenhouse gas emissions. The City has a responsibility under state law to ensure effective and efficient waste and recycling service for its businesses and residents. The City will fulfill that responsibility most successfully, and also meet its own Zero Waste policy goals, by ensuring that its solid waste, including recyclables and organics, are collected, transported and processed in a manner that reduces environmental and social impacts on the City and the region.
An exclusive, competitive franchise system for the collection, transportation and processing of commercial and multi-family solid waste will aid the City in meeting its diversion goals by, among other things: (i) requiring franchisees to meet diversion targets; (ii) increasing the capacity for partnership between the City and solid waste haulers; (iii) allowing the City to establish consistent methods for diversion of recyclables and organics; (iv) increasing the City’s ability to track diversion, which will enable required reporting and monitoring of state mandated commercial and multi-family recycling; (v) increasing the City’s ability to ensure diversion quality in the processing facilities handling its waste and recyclables; and (vi) increasing the City’s capacity to enforce compliance with federal, state, county and local standards.
An exclusive, competitive franchise system will also have other beneficial effects, including a reduction in adverse environmental impacts – unnecessary solid waste truck traffic as well as emissions and street degradation – and also protection of ratepayers, ensuring high customer service standards, and increase in solid waste hauler accountability.
As the City moves towards its Zero Waste goals through an exclusive franchise system, technology also should improve over the course of time to increase source reduction, recycling and composting, and diversion opportunities and capabilities. Relatedly, so too should the opportunities increase in number and diversity of qualified subcontractors to perform work industry-wide, including opportunities for development and mentoring of franchisees and subcontractors. The City has an interest in increasing the number and diversity of qualified personnel in the solid waste and recycling industry, especially as to those individuals available to service the City.
While the move to an exclusive franchise system will generate many benefits for the City and its residents, the change also will increase the risk that a labor dispute will interfere with collection services. To protect the City’s interest in efficient and uninterrupted collection services, the City will require franchisees to produce evidence that they are parties to written, enforceable agreements that prohibit labor organizations and their members from engaging in picketing, work stoppages, boycotts or other economic interference with collection services.
(Added by Ord. No. 182,986, Eff. 5/28/14.)
1. Clean Fuel Vehicles shall mean those vehicles that meet or exceed the requirements of Southern California Air Quality Management District Rule 1193, as now existing and as may be amended.
2. Customer shall mean any individual, firm, partnership, joint venture, association, fraternal organization, corporation, estate trust, business trust, receiver, trustee, executor, administrator, syndicate, the United States, any state, any county, city and county, municipality, district or other political subdivision of any state or of the United States, or any other group or combination acting as a unit.
3. Franchise Agreement shall mean a written contract between the Bureau and a franchisee setting forth the terms and conditions under which the franchisee shall perform collection services in the City.
4. Franchisee shall mean a solid waste hauler granted an exclusive franchise to provide collection services in a franchise zone.
5. Franchise Zone shall mean a geographic area of the City within which a franchisee shall provide collection services pursuant to the terms of a franchise agreement.
6. Labor Peace Agreement shall mean an enforceable agreement between a franchisee, or a franchisee’s subcontractor, and a labor organization (as defined by 29 U.S.C. § 152(5)) that represents or seeks to represent the franchisee’s or subcontractor’s employees providing collection services and that contains provisions under which the labor organization for itself and its members agrees to refrain from engaging in any picketing, work stoppages, or any other economic interference with the franchisee’s performance of collection services.
7. On-location Filming Waste shall mean solid waste generated and collected at a commercial film production permitted pursuant to Section 12.22 A.13. of this Code or Section 22.350 of the Los Angeles Administrative Code.
8. Studio shall mean one or more adjacent parcels of real property occupied by a motion picture or television production and distribution enterprise and containing sound stages totaling no less than 50,000 square feet in area and 18 feet in height designed for motion picture or television production and utilized by that enterprise specifically for such purpose.
(Added by Ord. No. 182,986, Eff. 5/28/14.)
(a) The City may award contracts for collection services for commercial establishments and multi-family dwellings through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone.
(b) A franchisee’s exclusive right to provide collection services shall not include the right to collect the following materials, the collection of which is not prohibited by this Article:
(1) Solid waste removed from a commercial establishment or multi-family dwelling by a self hauler;
(2) Construction and demolition waste;
(3) Solid waste collected by the City;
(4) On-location filming waste.
(c) Any franchisee may contract with a studio for collection services regardless of the franchise zone where the studio is located.
(Added by Ord. No. 182,986, Eff. 5/28/14.)
(a) Provision of Collection Services. Except as provided in Sections 66.33.2(b) through (c) and Section 66.33.3(b), it is unlawful for any person to provide collection services to a commercial establishment or multi- family dwelling within a franchise zone unless a written franchise agreement therefor has been executed between such person and the City, and such agreement is in full force and effect.
(b) Transition Period. The City, in its sole discretion and consistent with state law, may authorize a solid waste hauler possessing a valid permit issued pursuant to Section 66.32, et seq., to continue providing collection services in a franchise zone to the extent necessary to meet the needs of any customer in that zone until the franchisee is able to perform the collection services.
(Added by Ord. No. 182,986, Eff. 5/28/14.)
The Bureau shall divide the territory within the City into eleven (11) franchise zones, the designation of which shall be subject to the approval of the Board and City Council. Three (3) of the franchise zones shall be designed as “single” zones, which shall not be granted in combination with any other franchise zone.
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