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HOUSE BILL No. 1536

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.

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Wolkins, Moed , Bauer
(SENATE SPONSORS _ CHARBONNEAU, RANDOLPH)

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    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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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

SOURCE: IC 13-21-3-14; (13)EH1536.1.1. -->     SECTION 1. IC 13-21-3-14, AS AMENDED BY P.L.220-2011, SECTION 284, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) This section does not apply to a contract executed before April 1, 1998.
    (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.