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SB 1371

Solid waste handling services: labor dispute.

2025-2026 Regular Session Introduced by María Elena Durazo

The bill prohibits force majeure clauses from excusing solid waste services during labor disputes for contracts after 1/1/2027 and allows only narrowly defined, safety-based govern

Referred to Com. on JUD.
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Bill Summary · SB 1371

Overview

SB 1371, as amended, would restrict the use of force majeure provisions in solid waste handling franchise contracts, licenses, or permits and limit the use of orders or directives that compel work during a lawful labor dispute. The measure applies to local government solid waste handling arrangements and seeks to ensure uninterrupted service and protect against coercive or emergency actions during labor disputes.

Main purpose and intent

  • Prevents disruption of solid waste handling services during labor disputes.
  • Prohibits force majeure clauses that excuse performance during work stoppages related to labor disputes for contracts entered into or substantially amended on or after January 1, 2027.
  • Prohibits local agencies and employers from issuing directives intended to compel work during a lawful labor dispute, with specified conditions to allow limited exceptions.
  • Establishes statewide applicability (including charter cities) and treats the provisions as a state-mandated local program.

Key provisions and changes

  • Section 53064.3 (added to the Government Code):
    • (a) For solid waste handling franchise contracts entered into or substantially amended on/after 1/1/2027, a force majeure provision cannot excuse or suspend performance due to a labor dispute.
    • (b) Any force majeure provision that excuses performance during a labor dispute is void and unenforceable, regardless of the contract’s date.
    • (c) Local agencies and employers may not issue or rely on sanitation, health, or safety orders intended to compel work in a labor dispute, except as allowed under (d).
    • (d) Permissible circumstances to require services during a labor dispute: 1) Order is issued by the agency independently under its statutory authority (not at the employer’s request). 2) Order is in writing by the agency head or designated health/safety officer. 3) Written findings show an imminent and substantial threat to public health or safety that cannot be abated otherwise. 4) Scope and duration are strictly limited to addressing the threat. 5) Employer provides written notice to the exclusive bargaining representative when receiving the order.
    • (e) Definitions:
    • “Solid waste handling services” aligns with the Public Resources Code definition.
    • “Substantially amended” means a major change to most material terms of a franchise contract, license, or permit.
    • “Labor dispute” follows a specified definition tied to California Civil Procedure Code.
  • Section 2 (Severability): If any provision is held invalid, others remain in effect.
  • Section 3: Finds that uninterrupted solid waste services and preventing misuse of emergency authority are statewide concerns, applying to all cities, including charter cities.
  • Section 4: If the state mandates costs, reimbursement to local agencies will follow existing state-mandated costs procedures.

Who is affected

  • Local agencies that enter into or substantially amend franchise contracts, licenses, or permits for solid waste handling services on or after 1/1/2027.
  • Employers and solid waste service providers operating under those contracts.
  • Local government staff and health/safety officers who issue or enforce sanitation, health, or safety orders related to labor disputes (within the allowed conditions).
  • Bargaining representatives and workers involved in the labor disputes, who receive notice of any orders.

Procedural and timeline aspects

  • Effective date for new force majeure prohibitions: contracts entered into or substantially amended on/after January 1, 2027.
  • The bill is subject to standard California budget and mandates processes; if applicable, state-mandated cost reimbursements are addressed through the Commission on State Mandates.
  • The bill’s action history shows steps through committees in the 2025-2026 session, with adoption and amendments occurring in 2026, and current referral to the Judiciary Committee as of June 8, 2026.

Summary of potential impact

  • Reduces the use of force majeure as a tool to manage labor disputes in solid waste services, aiming to keep waste handling operational.
  • Creates a framework for limited, safety-based government orders during labor disputes, with clear safeguards to protect workers’ rights and public health.
  • Imposes additional duties on local governments to ensure transparency and adherence to the specified conditions when any compelled work might be required during disputes.
  • Represents a statewide policy preference on the uninterrupted provision of essential waste-handling services during labor disruptions.

Compiled from official sources — confirm details with the bill’s official record.

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