HB24 By Representative Clouse RFD County and Municipal Government Rd 1 02-FEB-16

SYNOPSIS: Under existing law, county and municipal governing bodies have authority to operate solid waste programs and may establish and collect fees, charges, and rates for the service. Existing law provides that all funds collected from the solid waste program are required to be used for the administration of the solid waste program.

This bill would authorize enactment of local laws providing for the use of the funds by the local governing body for administrative service related to the program, for buildings and roads or bridges used for solid waste services, and for certain other services provided through the solid waste program.

Existing law also provides for the collection of delinquent fees for solid waste services by the suspension of service and by civil action.

This bill would further authorize local governing bodies to use provisions for collection through income tax refund set-offs.

A BILL TO BE ENTITLED AN ACT

To amend Section 22-27-5, Code of Alabama 1975, relating to local solid waste programs; to further provide for the use of fees, charges, and rates collected in the operation and administration of the programs pursuant to local laws; and to further provide for the collection of delinquent fees and charges for services.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 22-27-5, Code of Alabama 1975, is amended to read as follows:

§22-27-5.

"(a) Fees, etc.; mutual agreements or contracts. The county commission or municipality The local governing body undertaking the responsibility for providing services to the public under this article, including operation of a landfill as defined in Section 22-27-2, may establish fees, charges, and rates and may collect and disburse funds within cooperating areas or districts, inside or outside the corporate limits of municipalities or inside or outside of county boundaries, for the specific purpose of administering this article and providing and operating a solid waste program. Also, said county commission or public authority If authorized by local law, the fees, charges, and rates collected pursuant to this article may also be appropriated for one or more of the following purposes:

"(1) The administrative and operational services for any solid waste program, including, but not limited to, overhead and general administrative services provided by the administrative office or offices of the local governing body.

"(2) The maintenance, repair, and upkeep of buildings and roads or bridges used for solid waste collection or disposal services authorized under this chapter.

"(3) Any other program of the local governing body which utilizes the services provided through its solid waste program.

"Appropriations for the purposes set out in subdivision (1) or (2) may be made only if the local governing body is in receipt of notice from the Department of Environmental Management that it is in compliance with the financial assurance requirements in Section 22-27-8, if the requirements are applicable.

"(b) The local governing body may enter into mutual agreements or contracts with the government bodies of other counties, municipalities, corporations or individuals, where deemed to be mutually economical and feasible, to jointly or individually collect, haul and/or dispose of solid wastes generated within the cooperating area. All contracts or mutual agreements under this article shall be subject to review by the health officer, and all such contracts and agreements shall be subject to cancellation upon 30 days' notice from said the health officer with the concurrence of the department, any time said the contracts or agreements fail to be in the best interest of the health, safety, and welfare of the citizens residing in the affected area.

"(b) Private or corporate agencies. (c)(1) Individuals, corporations, partnerships or other agencies engaging in the collection and disposal of solid wastes are subject to this article. Governing bodies may assign territories, approve or disapprove disposal sites, with the concurrence of the health department, and shall establish and collect annual license fees from such the firms and set rate schedules if a service fee is charged. In addition to any other approvals which are necessary for any contract between private or corporate agencies and governmental entities for the disposal of solid wastes, approval of the department shall be obtained.

"(c) Permits and bonds. Under subsection (b) of this section, no (2) No license shall be granted or fee collected under this subsection without a permit issued by the state or county health department, renewable annually at the time licenses are due. Such The permit shall be based upon performance and may be revoked for cause, including failure to perform under the provisions of this article and regulations adopted under authority of this article. No license shall be granted without the posting of a performance bond satisfactory to the governing body. All solid waste disposal sites except those which have certificates of exception shall have a permit from the department.

"(d) Financial assurance. No permit for transportation of garbage by out-of-state transporters, for disposal of such garbage in a sanitary landfill in this state, shall be issued unless financial assurance is posted by such transporter with the health department.

"The financial assurance shall be in an amount not less than $250,000 two hundred fifty thousand dollars ($250,000) and must guarantee that such the garbage does not contain any regulated hazardous waste, infectious waste, or explosive materials or debris. The financial assurance shall be provided in accordance with acceptable financial assurance instruments which include, but are not limited to, an escrow account, performance bond, or letter of credit. The health department shall promulgate regulations specifying the terms and conditions of financial assurance instruments, as appropriate.

"(e) Nonpayment of fees, etc. Any county commission or municipality local governing body establishing fees, charges and rates pursuant to subsection (a) of this section shall have the power and authority to adopt resolutions or ordinances providing that if the fees, charges, or rates for the services furnished by the county commission or municipality, or licensee of either, local governing body or its licensee under the provisions of said this chapter, shall not be paid within 30 days after the same shall become due and payable, such county commission or municipality the local governing body may, at the expiration of such the 30-day period, suspend such take any actions available under the law for collection of a debt, including, but not limited to, any of the following: Suspending the services; collecting the debt pursuant to Article 3, Title 40, Chapter 18; or bringing a civil action or may proceed to recover the amount of any such the delinquency with interest in a civil action, or both."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Counties

Municipalities

Solid Waste

Garbage

Code Amended