Every franchise or permit for the collection, disposal, or destruction, or any combination thereof, of garbage, waste, offal, and debris, shall be granted by the board of supervisors only under the terms and conditions of this chapter.
Garbage and Refuse DisposalFranchise by Counties
Section § 49200
This law states that any franchise or permit related to the handling of garbage, waste, or debris must be authorized by the board of supervisors and must follow the specific rules outlined in this chapter.
franchise permit garbage collection
Section § 49201
This law allows counties in California to create rules for giving out contracts, called franchises or permits, to handle trash and waste collection, disposal, or destruction. The contracts can last up to 25 years and are granted through a bidding process.
The county must first announce the opportunity through a public notice and share the specifics of the terms and conditions. This notice must be published weekly for two weeks, with bids not opened until at least four weeks after the first notice.
After reviewing bids, the county can award the contract to the lowest qualified bidder but can take time to thoroughly evaluate all options before making a decision.
(a)CA Public Resources Code § 49201(a) Any county may, by resolution adopted by the board of supervisors, call for bids for the granting of a franchise or permit, exclusive or otherwise, for the collection, disposal, or destruction, or any combination thereof, of garbage, waste, offal, and debris, according to the terms and conditions set forth in the resolution, for a period of time not to exceed 25 years.
(b)CA Public Resources Code § 49201(b) After adoption of the resolution pursuant to subdivision (a), the board of supervisors shall cause to be published once a week for two successive weeks a notice which shall set forth all of the terms and conditions in the resolution and the time, date, and place for the receiving and opening of sealed bids, which shall not be sooner than four full weeks from date of the first publication of the notice.
(c)CA Public Resources Code § 49201(c) Upon examination by the board of supervisors of the bids, the franchise or permit may be awarded to the lowest qualified bidder. The board of supervisors may postpone the granting of the franchise or permit from time to time until it has had a full and complete opportunity to examine the merits of each bid.
county waste management garbage disposal franchise waste collection permit
Section § 49202
If you win a bid for a franchise or permit, you must submit a bond to the county's board of supervisors. This bond needs to be for a specific amount and follow the rules set by the board.
The successful bidder shall file with the board of supervisors, upon grant of the franchise or permit, a bond in favor of the county in an amount and under the terms and conditions prescribed by the board of supervisors.
successful bidder file bond board of supervisors
Section § 49203
The county has the flexibility to add additional rules and conditions when issuing a resolution or notice, as long as these extra terms don't contradict the existing rules in this chapter.
The county may, in the resolution and advertised notice, impose terms and conditions other than those specified in this chapter if they are not in conflict with this chapter.
county resolution advertised notice additional terms
Section § 49204
When someone bids for a franchise or permit, they can include additional terms or conditions in their bid that are different from those in the official bid notice. However, these extra conditions must not conflict with the established rules of this chapter.
A bidder may in his or her franchise or permit bid set forth any propositions, terms, and conditions that the bidder may desire to offer, or receive the benefit from, which may be in addition to, or in conflict with, those specified in the resolution or advertised notice calling for bids, if they are not in conflict with this chapter.
bidder propositions franchise bid terms permit bid conditions
Section § 49205
Counties in California that enacted laws before July 1, 1980, for managing waste collection can extend existing waste service permits or franchises by up to 25 years without requesting new bids, but only if certain conditions are met. The county ordinance must include health protections and allow the board of supervisors to set customer rates, though any rate increases require a public hearing with advance notice. The original franchise or permit must have been awarded following a competitive and fair bid process, and be nonexclusive, meaning new permits can still be granted if needed. Additionally, the ordinance must allow financial audits of the franchise or permit holders.
The board of supervisors which, prior to July 1, 1980, adopted an ordinance governing the granting of franchises or permits for the collection, disposal, or destruction, or any combination thereof, of garbage, waste, offal, and debris, and which granted franchises or permits pursuant to that ordinance covering defined zones or areas of the county, may extend the term of any of those franchises or permits for only one additional period not exceeding 25 years without advertising or calling for bids as required by Section 49201, if all of the following conditions exist:
(a)Copy CA Public Resources Code § 49205(a)
(1)Copy CA Public Resources Code § 49205(a)(1) The county franchise or permit ordinance contains rules and regulations for the protection of the public health and welfare and provides that the board of supervisors may control the rates to be charged customers by the franchise or permitholders.
(2)CA Public Resources Code § 49205(a)(2) Notwithstanding any provision in a county ordinance, the board of supervisors shall not increase the rates to be charged to customers by franchise or permitholders without first calling and holding a public hearing on the proposed increase in rates. Publication of notice of the hearing required by this paragraph shall be made by the board of supervisors pursuant to Section 6066 of the Government Code.
(b)CA Public Resources Code § 49205(b) The franchise or permit proposed to be extended was granted in strict compliance with the requirements for calling and advertising for bids and award to the lowest qualified bidder pursuant to Section 49201, and was otherwise granted in strict compliance with this chapter.
(c)CA Public Resources Code § 49205(c) The franchise or permit proposed to be extended was granted on a nonexclusive basis so that the board of supervisors is not precluded from granting additional franchises or permits to cover the same areas if, in the judgment and discretion of the board of supervisors, the public interest will be served thereby.
(d)CA Public Resources Code § 49205(d) The county franchise or permit ordinance authorizes the county auditor or any other qualified public accountant to audit periodically the books and records of the franchise or permitholders.
waste collection permits franchise extension public health rules
