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Supervisor Briggs recommending Board authorize Chair to sign letter of opposition to SB 841 (Wolk), a proposal pertaining to solid waste enterprises and contracts, as amended May 12, 2011, and to provide copies of the letter to State Senator Ted Gaines, Assemblywoman Beth Gaines, Assemblywoman Alyson Huber, the California State Association of Counties and the Regional Council of Rural Counties.
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SB 841 (Wolk) as amended May 12, 2011, proposes to amend state law to clarify certain indemnity obligations between local governments and solid waste enterprises. Existing law allows local governments to match the liability of meeting certain solid waste diversion requirements, as required under AB 939, with the party responsible for collecting the waste; the solid waste enterprises. The passage of Proposition 26 limits the authority of local government to levy new fees. SB 841 would restrict a local government's ability to enforce an indemnity obligation that requires a solid waste enterprise to defend and hold harmless the local government in connection with the local government's imposition of fees in violation of Proposition 26.