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17 <br />EXHIBIT C <br />BILL DRAFT 2013- <br />1 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE COUNTIES TO OPERATE <br />2 RESIDENTIAL RECYCLABLE MATERIALS COLLECTION PROGRAMS. <br />3 <br />4 The General Assembly of North Carolina enacts: <br />5 SECTION 1. G.S. 153A -292 is amended to read: <br />6 County collection and disposal facilities and collection programs. <br />7 (a) The board of county commissioners of any county may establish and operate solid <br />8 waste collection and disposal facilities in areas outside the corporate limits of a city. The board <br />9 may by ordinance regulate the use of a disposal facility provided by the county, the nature of <br />10 the solid wastes disposed of in a facility, and the method of disposal. The board may contract <br />11 with any city, individual, or privately owned corporation to collect and dispose of solid waste <br />12 in the area. Counties and cities may establish and operate joint collection and disposal facilities. <br />13 A joint agreement shall be in writing and executed by the governing bodies of the participating <br />14 units of local government. The board may by ordinance establish a program for the collection <br />15 of residential recyclable materials. <br />16 (b) The board of county commissioners may impose a fee for the collection of solid <br />17 waste. The fee may not exceed the costs of collection. <br />18 The board of county commissioners may impose a fee for the use of a disposal facility <br />19 provided by the county. The fee for use may not exceed the cost of operating the facility and <br />20 may be imposed only on those who use the facility. The fee for use may vary based on the <br />21 amount, characteristics, and form of recyclable materials present in solid waste brought to the <br />22 facility for disposal. A county may not impose a fee for the use of a disposal facility on a city <br />23 located in the county or a contractor or resident of the city unless the fee is based on a schedule <br />24 that applies uniformly throughout the county. <br />25 The board of county commissioners may impose a fee for the availability of a disposal <br />26 facility provided by the county. A fee for availability may not exceed the cost of providing the <br />27 facility and may be imposed on all improved property in the county that benefits from the <br />28 availability of the facility. A county may not impose an availability fee on property whose solid <br />29 waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a <br />30 county, a city, or a private contractor for the collection of solid waste includes a charge for the <br />31 availability and use of a disposal facility provided by the county. Property served by a private <br />32 contractor who disposes of solid waste collected from the property in a disposal facility <br />33 provided by a private contractor that provides the same services as those provided by the <br />34 county disposal facility is not considered to benefit from a disposal facility provided by the <br />35 county and is not subject to a fee imposed by the county for the availability of a disposal <br />*2009 -LBx- 326 -v -3* <br />