(1) A list of Producers participating in the Tobacco Litter Control Program; (2) The amount, by weight, of Tobacco Waste collected in the [ City / County ] by the Tobacco Litter Control Program; (3) A description of the collection system, including the location of each collection site; (4) The name and location of disposal facilities at which Tobacco Waste was disposed of and the weight of Tobacco Waste collected from Disposers disposed of at each facility; (5) Whether policies and procedures for collecting, transporting, and disposing of Tobacco Waste, as established in the Program, were followed during the reporting period, and a description of any noncompliance; (6) A description of public education and outreach activities implemented during the reporting period, [ including the methodology used to evaluate the outreach and education activities ]; and (7) The degree to which Collection Rate goals established in the Tobacco Litter Control Program were achieved and, if the Program did not attain those Collection Rates, the proposed actions for future achievement of the Collection Rate goals. Sec. [ ____ (*5) ]. IN-LIEU FEES. comment: This section describes the in-lieu fee compliance option. Note that a mandatory litter mitigation fee imposed through an ordinance adopted by a city council or county board of supervisors would likely violate the California Constitution, as amended by Proposition 26. Proposition 26 prohibits local government from adopting some types of regulatory fees through local ordinance, and instead requires that those fees be approved by the electorate. This Model Ordinance, however, does not require a mandatory fee. Instead, the in-lieu fee is optional and voluntary for Producers. Because this is still a developing area of law, you should consult with your city attorney or county counsel on Proposition 26. (a) The Department shall establish in-lieu fees annually to cover the reasonable costs of Tobacco Waste mitigation incurred by the [ City / County ] as provided in this Section. (1) The in-lieu fee shall take the following into account: (i) The total budgeted costs to be incurred by [ City / County ] in that year to mitigate Tobacco Waste attributable to Producers choosing to pay the fee;
(1) A list of Producers participating in the Tobacco Litter Control Program; (2) The amount, by weight, of Tobacco Waste collected in the [ City / County ] by the Tobacco Litter Control Program; (3) A description of the collection system, including the location of each collection site; (4) The name and location of disposal facilities at which Tobacco Waste was disposed of and the weight of Tobacco Waste collected from Disposers disposed of at each facility; (5) Whether policies and procedures for collecting, transporting, and disposing of Tobacco Waste, as established in the Program, were followed during the reporting period, and a description of any noncompliance; (6) A description of public education and outreach activities implemented during the reporting period, [ including the methodology used to evaluate the outreach and education activities ]; and (7) The degree to which Collection Rate goals established in the Tobacco Litter Control Program were achieved and, if the Program did not attain those Collection Rates, the proposed actions for future achievement of the Collection Rate goals. Sec. [ ____ (*5) ]. IN-LIEU FEES. comment: This section describes the in-lieu fee compliance option. Note that a mandatory litter mitigation fee imposed through an ordinance adopted by a city council or county board of supervisors would likely violate the California Constitution, as amended by Proposition 26. Proposition 26 prohibits local government from adopting some types of regulatory fees through local ordinance, and instead requires that those fees be approved by the electorate. This Model Ordinance, however, does not require a mandatory fee. Instead, the in-lieu fee is optional and voluntary for Producers. Because this is still a developing area of law, you should consult with your city attorney or county counsel on Proposition 26. (a) The Department shall establish in-lieu fees annually to cover the reasonable costs of Tobacco Waste mitigation incurred by the [ City / County ] as provided in this Section. (1) The in-lieu fee shall take the following into account: (i) The total budgeted costs to be incurred by [ City / County ] in that year to mitigate Tobacco Waste attributable to Producers choosing to pay the fee;