Empire Waste Management v. Town of Windsor

A provision of the Integrated Waste Management Act (Pub. Resources Code, § 40000 et seq.) (the Act) gives “the governing body of the *717 local governmental agency” the authority to grant an exclusive franchise for “solid waste handling services.” The issue presented here is whether this provision abrogates local citizens’ right to vote on whether to repeal a long-term extension of the franchise granted by their municipal council. We hold the electors’ referendum powers are not curtailed by the statute.

Background

In 1993 the town council for the Town of Windsor granted Empire Waste Management a four-year exclusive franchise to collect garbage. In May of 1996 the parties amended their agreement to extend the term of the franchise for 10 years, through the year 2006. When the extension was submitted for the voters’ approval at a referendum held in November of that year, it was defeated.

Empire responded with a petition for declaratory relief and a writ of either mandate or prohibition. Empire’s position was that the Act vested sole authority concerning the franchise in the town council, which meant that the referendum was “null and void and of no force and effect.” The…