Bill Text: IN HB1536 | 2013 | Regular Session | Engrossed
Bill Title: Solid waste management districts.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-05-13 - Public Law 116 [HB1536 Detail]
Download: Indiana-2013-HB1536-Engrossed.html
Citations Affected: IC 13-21.
Synopsis: Solid waste management districts. Provides that a solid
waste management district (district) may not register, issue a permit
for, or license a vehicle as a condition of allowing a solid waste hauler
to render services within the district. Provides that a district that issued
a permit for, licensed a vehicle, or levied a charge or fee as a condition
of allowing a solid waste hauler to render services within the district on
January 1, 2013 may continue to do so until January 1, 2015. Provides
that a district may not register, issue a permit, license or levy a charge
or fee after December 31, 2014.
Effective: July 1, 2013.
(SENATE SPONSORS _ CHARBONNEAU, RANDOLPH)
January 22, 2013, read first time and referred to Committee on Environmental Affairs.
February 14, 2013, reported _ Do Pass.
February 18, 2013, read second time, amended, ordered engrossed.
February 19, 2013, engrossed. Read third time, passed. Yeas 88, nays 2.
February 25, 2013, read first time and referred to Committee on Environmental Affairs.
March 4, 2013, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(b) Except as provided in subsection (d) and section 14.5 of this chapter, the powers of a district do not include the following:
(1) The power of eminent domain.
(2) Except as provided in subsection (c), the power to exclusively control the collection or disposal of any solid waste or recyclables within the district by means that include the following:
(A) Franchising.
(B) Establishing a territory or territories within the district in which a person may provide service.
(3) The power to establish the type of service that a person must provide for the collection or disposal of solid waste or recyclables within the district.
(4) The power to establish fees that a person must charge for the
collection or disposal of solid waste or recyclables within the
district.
(5) The power to issue permits for an activity that is already
permitted by a state agency, except as expressly granted by
statute.
(6) Except as provided in subsection (e), the power to:
(A) register;
(B) issue a permit for; or
(C) license;
a vehicle as a condition of allowing a solid waste hauler to
render services within the district.
(c) If one (1) or more of the governmental entities in a district, at the
time of the formation of the district, is a party to a contract providing
that the persons contracted with have the exclusive right to collect or
dispose of solid waste within the jurisdiction of the governmental
entity, the district may enter into an extension of that contract.
(d) Subsection (b) does not apply to activities conducted as part of
a household hazardous waste collection and disposal project.
(e) A district that was:
(1) registering, issuing a permit for, or licensing vehicles as a
condition of allowing a solid waste hauler to render services
within the district on January 1, 2013:
(A) may continue to register, issue a permit for, or license
the vehicles until January 1, 2015; and
(B) may not register, issue a permit for, or license the
vehicles after December 31, 2014; and
(2) levying a charge or fee on January 1, 2013, for registering,
issuing a permit for, or licensing vehicles as a condition of
allowing a solid waste hauler to render services within the
district:
(A) may continue to levy the charge or fee until January 1,
2015; and
(B) may not levy the charge or fee after December 31,
2014.
