RES-2014-021 Resolution Regarding Legislative Matters for Statewide Issues with Exhibits

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