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Senate Bill 951 - Second Edition <br />Page 6 of 6 <br />of this section is given. Displacement does not include any of the following actions: <br />a. Failure to renew a franchise agreement or contract with a private <br />comnanv. <br />b. Taking action against a private company because the private company's <br />and safety or are causing a substantial public nuisance. <br />C. Taking action against a private company because the private company <br />has materially breached its franchise agreement or the terms of a <br />contract with the local government. <br />d. Terminating an existing contract or franchise in accordance with the <br />provisions of the contract or franchise agreement. <br />e. Providing temporary collection services under a declared state of <br />emergency. <br />Displacement does not include circumstances when the local government <br />contracts with the private solid waste collection company to continue service <br />for a period of two years following the action that would otherwise displace the <br />company in accordance with G. S. 160A-49.3(a)(1), <br />Unit of local government. — A county, municipality, authority, or political <br />subdivision that is authorized by law to provide for collection of solid waste or <br />recovered materials, or both. <br />(g) Notice of the provision of solid waste collection service shall be filed with the unit of <br />local government clerk of all cities located in the private company's collection area or within <br />five miles thereof. <br />(h ) This section shall not apply when a private company is s displaced as the result of an <br />annexation under Article 4A of Chapter 160A of the General Statutes or an annexation by <br />of the General Assembly. The provisions of G.S. 160A -49.3 shall apply.. <br />(;i� If a unit of local government intends to provide compensation under subsection (C) of <br />this section to a private company that has given notice under subsection (b) of this section the <br />private company shall make available to the unit of local government not later than 30 business <br />days following a written request of the unit of local govermnent, sent by certified mail, return <br />receipt requested, all information in its possession or control, including operational financial, <br />and budgetary information necessary for the unit of local government to determine if the private <br />company qualifies for the benefits of this section and to determine any potential compensation. <br />The private company forfeits its rights under this section if it fails to make a good faith response <br />within 30 business day following receipt of the written request for information from the unit of <br />local government provided that the unit of local government's written request so states by <br />specific reference to this section." <br />SECTION 4. This act becomes effective July 1, 2006, and applies to annexations <br />initiated and all actions taken on or after that date. <br />http://www.ncga.state.nc.us/Sessions/2005/Bills/Senate/HTML/S95 l v2.html 6/23/2005 <br />