SB462 By Senator Singleton RFD Local Legislation Rd 1 07-MAY-15

A BILL TO BE ENTITLED AN ACT

Relating to Sumter County; to amend Act 83-480, (Acts 1983, p. 672), as amended, which levies fees on the disposal of certain wastes and distributes the proceeds of the fees; to amend Sections 2 and 4 of the act; to provide further for the fees and the distributions of the proceeds of the fees; and to repeal conflicting local laws, including specifically Act 90-612, (Acts 1990, p. 1124), as amended by Act 94-700, (Acts 1994, p. 1350).

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 2 and 4 of Act 83-480, (Acts 1983, p. 672), as amended, are hereby further amended to read as follows:

"Section 2. There is hereby levied a fee to be paid by each operator of a commercial site for the disposal of hazardous waste in the amount of three dollars and fifty cents ($3.50) per ton. It is the intent of this law to cover only material that is land filled at the site. It shall exclude any material which is stored, transshipped, recycled, or processed for other use.

"Section 4. (a) The proceeds of the fees generated by this act and Section 22-30B-2, Code of Alabama 1975, shall first be distributed in monthly installments, as follows:

"(1) Four thousand six hundred seventy five dollars ($4,675) to the Hill Hospital (Bond Obligation).

"(2) Four thousand dollars ($4,000) to the Sumter Industrial Board.

"(3) Four thousand dollars ($4,000) to the Solid Waste Fund.

"(4) Four thousand dollars ($4,000) to the City of Livingston to be used by the Fire and Rescue Department for training and equipment for response to hazardous material cleanup, containment, or disposal throughout the county. If other certified public hazardous material responders are established after the effective date of this act, the City of Livingston Fire and Rescue Department shall share the proceeds proportionately with other certified units based on the area or areas served.

"(b) After the distributions are made pursuant to subsection (a), the Sumter County Commission shall distribute the remaining funds as follows:

"(1) Sumter County Commission - Unearmarked 30% "(2) Sumter County Commission General Fund, to be earmarked for the county legislative delegation office, administrative costs, and accounting services for the county 5% "(3) Sumter County Board of Education 15% "(4) Sumter County Trust Fund (Stipulations) 5% "(5) University of West Alabama 5% "(6) City of Livingston 5% "(7) City of York 5% "(8) Town of Epes 3% "(9) Town of Gainesville 3% "(10) Town of Geiger 3% "(11) Town of Emelle 3% "(12) Town of Cuba 2% "(13) Sumter County Rescue Squad 1% "(14) Sumter County Fire Fighters Association 1% "(15) Sumter County Sewer Authority (with stipulation) 3%

but not exceeding $100,000 per fiscal year. Any percentage amounts that would exceed this $100,000 cap shall be distributed as provided in subsection (c) by the county commission. "(16) Sumter County Water Authority 3% "(17) Sumter County Library Systems 3%

of the 3%, 1% shall be distributed to the York Library and 1% shall be distributed to the Ruby Pickens Tartt Library "(18) Coleman Culture Center .50% "(19) Sumter Historical Society .50% "(20) Federation of Southern Cooperatives .50% "(21) Sumter County Chamber of Commerce .50% "(22) Hill Hospital 1% "(23) Sumter Industrial Board 1% "(24) Sumter County Department of Human Resources 1%

"(c)(1) All recipients of funds pursuant to this section must be a nonprofit or governmental entity and must provide an annual financial report to the Chair of the Sumter County Commission and the Sumter County legislative delegation. The delegation may also adopt rules for and require the application of additional financial assurances of an entity, including the requirement of periodic audits of the entities.

"(2) If any nonprofit receiving payment pursuant to this section is dissolved or loses its nonprofit status, its distributive share shall be held in trust by the Sumter County Commission for up to one fiscal quarter and shall be redistributed by resolution to one or more nonprofit or governmental entities named in subsection (a) or (b)."

Section 2. All laws or parts of law in conflict with this act are repealed and replaced by this act and Act 90-612, (Acts 1990, p. 1124), 1990 Regular Session, as amended by Act 94-700, (Acts 1994, p. 1354), 1994 Regular Session, is hereby specifically repealed.

Section 3. This act shall become effective on the first day of the first month following its passage and approval by the Governor, or its otherwise becoming law.

Sumter County

Hazardous Waste

Solid Waste

Acts Amended

Acts Repealed