Section 40059 - Determinations by local governmental agency(a) Notwithstanding any other provision of law, each county, city, district, or other local governmental agency may determine all of the following: (1) Aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.(2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance.(b) Nothing in this division modifies or abrogates in any manner either of the following: (1) Any franchise previously granted or extended by any county or other local governmental agency.(2) Any contract, license, or any permit to collect solid waste previously granted or extended by a city, county, or a city and county.Ca. Pub. Res. Code § 40059
Amended by Stats. 1990, Ch. 1355, Sec. 1. Effective September 27, 1990.