Bill Text: IN SB0565 | 2011 | Regular Session | Introduced
Bill Title: Solid waste management districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Energy and Environmental Affairs [SB0565 Detail]
Download: Indiana-2011-SB0565-Introduced.html
Citations Affected: IC 6-1.1; IC 13-11-2; IC 13-20; IC 13-21;
IC 13-22-3-8.
Synopsis: Solid waste management districts. Eliminates the authority
of a solid waste management district (SWMD) to impose property
taxes, except to repay currently outstanding bonds, and otherwise limits
the authority of an SWMD. Provides for funding of a SWMD from the
state solid waste management fund (SSWMF). Prohibits the use of the
SSWMF for construction or operation of a final waste disposal facility
owned or operated by an SWMD. Requires the department of state
revenue to deposit certain solid waste disposal fees into the SSWMF.
Requires the department of environmental management (DEM) to
make distributions from the SSWMF based on district population and
population density and on a prioritized listing of programs offered by
the SWMD. Establishes qualifications for and duties of an SWMD
district director. Allows an SWMD board to request and collect
information from postconsumer sources on the amount and type of
recycling and waste diversion occurring at the source. Gives discretion
to DEM in making grants from the hazardous substances response trust
fund to units of local government and to SWMDs.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and place at which a public hearing will be held on these items. The notice shall be published twice in accordance with IC 5-3-1 with the first publication at least ten (10) days before the date fixed for the public hearing. Beginning in 2009, the duties required by this subsection must
be completed before September 10 of the calendar year.
(b) The board of directors of a solid waste management district
established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
conduct the public hearing required under subsection (a)
(1) in any county of the solid waste management district. and
(2) in accordance with the annual notice of meetings published
under IC 13-21-5-2.
(c) The trustee of each township in the county shall estimate the
amount necessary to meet the cost of township assistance in the
township for the ensuing calendar year. The township board shall adopt
with the township budget a tax rate sufficient to meet the estimated cost
of township assistance. The taxes collected as a result of the tax rate
adopted under this subsection are credited to the township assistance
fund.
(d) This subsection expires January 1, 2009. A county shall adopt
with the county budget and the department of local government finance
shall certify under section 16 of this chapter a tax rate sufficient to raise
the levy necessary to pay the following:
(1) The cost of child services (as defined in IC 12-19-7-1
(repealed)) of the county payable from the family and children's
fund.
(2) The cost of children's psychiatric residential treatment
services (as defined in IC 12-19-7.5-1 (repealed)) of the county
payable from the children's psychiatric residential treatment
services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or
approved or modified by a county board of tax adjustment that is less
than the levy necessary to pay the costs described in subdivision (1) or
(2) shall not be treated as a final budget, tax rate, or tax levy under
section 11 of this chapter.
(1) property tax rate or rates; or
(2) special benefits tax rate or rates;
referred to in the statutes listed in subsection (d).
(b) The maximum rate for taxes first due and payable after 2003 is the maximum rate that would have been determined under subsection (e) for taxes first due and payable in 2003 if subsection (e) had applied for taxes first due and payable in 2003.
(c) The maximum rate must be adjusted each year to account for the
change in assessed value of real property that results from:
(1) an annual adjustment of the assessed value of real property
under IC 6-1.1-4-4.5; or
(2) a general reassessment of real property under IC 6-1.1-4-4.
(d) The statutes to which subsection (a) refers are:
(1) IC 8-10-5-17;
(2) IC 8-22-3-11;
(3) IC 8-22-3-25;
(4) IC 12-29-1-1;
(5) IC 12-29-1-2;
(6) IC 12-29-1-3;
(7) IC 12-29-3-6;
(8) IC 13-21-3-12;
(9) IC 13-21-3-15;
(10) (9) IC 14-27-6-30;
(11) (10) IC 14-33-7-3;
(12) (11) IC 14-33-21-5;
(13) (12) IC 15-14-7-4;
(14) (13) IC 15-14-9-1;
(15) (14) IC 15-14-9-2;
(16) (15) IC 16-20-2-18;
(17) (16) IC 16-20-4-27;
(18) (17) IC 16-20-7-2;
(19) (18) IC 16-22-14;
(20) (19) IC 16-23-1-29;
(21) (20) IC 16-23-3-6;
(22) (21) IC 16-23-4-2;
(23) (22) IC 16-23-5-6;
(24) (23) IC 16-23-7-2;
(25) (24) IC 16-23-8-2;
(26) (25) IC 16-23-9-2;
(27) (26) IC 16-41-15-5;
(28) (27) IC 16-41-33-4;
(29) (28) IC 20-46-2-3 (before its repeal on January 1, 2009);
(30) (29) IC 20-46-6-5;
(31) (30) IC 20-49-2-10;
(32) (31) IC 36-1-19-1;
(33) (32) IC 23-14-66-2;
(34) (33) IC 23-14-67-3;
(35) (34) IC 36-7-13-4;
(36) (35) IC 36-7-14-28;
(37) (36) IC 36-7-15.1-16;
(A) establishes a maximum rate for any part of the:
(i) property taxes; or
(ii) special benefits taxes;
imposed by a political subdivision; and
(B) does not exempt the maximum rate from the adjustment under this section.
(e) The new maximum rate under a statute listed in subsection (d) is the tax rate determined under STEP SEVEN of the following STEPS:
STEP ONE: Determine the maximum rate for the political subdivision levying a property tax or special benefits tax under the statute for the year preceding the year in which the annual adjustment or general reassessment takes effect.
STEP TWO: Determine the actual percentage increase (rounded to the nearest one-hundredth percent (0.01%)) in the assessed value (before the adjustment, if any, under IC 6-1.1-4-4.5) of the taxable property from the year preceding the year the annual adjustment or general reassessment takes effect to the year that the annual adjustment or general reassessment takes effect.
STEP THREE: Determine the three (3) calendar years that immediately precede the ensuing calendar year and in which a statewide general reassessment of real property does not first take effect.
STEP FOUR: Compute separately, for each of the calendar years determined in STEP THREE, the actual percentage increase (rounded to the nearest one-hundredth percent (0.01%)) in the
assessed value (before the adjustment, if any, under
IC 6-1.1-4-4.5) of the taxable property from the preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE percentage.
STEP SEVEN: Determine the quotient of the STEP ONE tax rate
divided by the sum of one (1) plus the STEP SIX percentage
increase.
(f) The department of local government finance shall compute the
maximum rate allowed under subsection (e) and provide the rate to
each political subdivision with authority to levy a tax under a statute
listed in subsection (d).
(b) "Fund", for purposes of IC 13-15-10, refers to the waste facility operator trust fund.
(c) "Fund", for purposes of IC 13-15-11, refers to the environmental management permit operation fund.
(d) "Fund", for purposes of IC 13-17-6, refers to the asbestos trust fund.
(e) "Fund", for purposes of IC 13-17-8, refers to the Title V operating permit program trust fund.
(f) "Fund", for purposes of IC 13-18-8-5, refers to a sanitary fund.
(g) "Fund", for purposes of IC 13-18-13, refers to the wastewater revolving loan fund established by IC 13-18-13-2.
(h) "Fund", for purposes of IC 13-18-21, refers to the drinking water revolving loan fund established by IC 13-18-21-2. The term does not include the supplemental fund established by IC 13-18-21-22.
(i) "Fund", for purposes of IC 13-19-5, refers to the environmental remediation revolving loan fund established by IC 13-19-5-2.
(j) "Fund", for purposes of IC 13-20-4, refers to the municipal waste transportation fund.
(k) "Fund", for purposes of IC 13-20-13, refers to the waste tire management fund.
(l) "Fund", for purposes of IC 13-20-22, refers to the state solid waste management fund.
management district bond fund.
(n) "Fund", for purposes of IC 13-21-13-2, refers to a district solid
waste management fund.
(o) (m) "Fund", for purposes of IC 13-23-6, refers to the
underground petroleum storage tank trust fund.
(p) (n) "Fund", for purposes of IC 13-23-7, refers to the
underground petroleum storage tank excess liability trust fund.
(q) (o) "Fund", for purposes of IC 13-25-4, refers to the hazardous
substances response trust fund.
(r) (p) "Fund", for purposes of IC 13-25-5, refers to the voluntary
remediation fund.
(s) (q) "Fund", for purposes of IC 13-28-2, refers to the voluntary
compliance fund.
(1) rules adopted under subsection (d); and
(2) section 10 of this chapter;
a whole waste tire may not be disposed of at a solid waste landfill.
(b) The department may approve shredded or ground up tires for use as daily cover for a solid waste landfill.
(c) Material approved under subsection (b) is exempt from IC 13-20-22.
(d) The solid waste management board shall adopt rules that allow for the incidental disposal of small amounts of whole waste tires at solid waste landfills.
(e) The rules adopted under subsection (d) may allow a landfill operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (d) in lieu of a numeric standard.
conditionally exempt small quantity generator waste.
(b) Grants awarded under this chapter shall be funded
(1) from the hazardous substances response trust fund established
by IC 13-25-4-1 if money is available under IC 13-25-4-4. and
(2) from the solid waste management fund established by
IC 13-20-22-2.
(c) Units and districts may join in any combination for the purposes
of the following:
(1) Implementing a project.
(2) Applying for a grant under this chapter.
(1) Programs that
(B) Proper disposal of used tires.
(C) Proper disposal of electronic waste.
(E) Recycling and the use of recycled materials.
(2) Providing
(1) All fees deposited into the fund under section 12(2) of this chapter.
(2) Accrued interest and other investment earnings of the fund.
(3) Appropriations made by the general assembly.
(4) Gifts and donations from any person to the fund.
(5) Civil penalties imposed under IC 13-30-4 for violations of IC 13-20-17.7 and proceeds received following a criminal conviction in connection with a violation of IC 13-20-17.7.
(6) Subject to subsection
(7) Transfers from the Indiana recycling promotion and assistance fund under IC 4-23-5.5-14(i).
(8) Money credited to the fund from the environmental management special fund under IC 13-14-12-1(c).
(e) The fund may not be used to pay the cost of construction or operation of a final waste disposal facility owned or operated by a district.
(b) The policy must include the following considerations:
(1) The population and population density of the district.
(2) The extent to which the district provides the programs identified in section 2(a)(1) of this chapter.
(b) The governor and the budget agency must approve expenditures from the fund under section 2(a) of this chapter.
recycling promotion and assistance fund established in
IC 4-23-5.5-14.
(2) Not more than fifty percent (50%) of the revenue from the fee
imposed under section 1(b)(1) of this chapter into the fund.
(1) The revenue from the fee imposed under section 1(b)(1) of
this chapter into the fund.
(3) (2) The revenue from the fee imposed under section 1(b)(2) of
this chapter into the hazardous substance response trust fund
established by IC 13-25-4-1.
(1) revenues (as defined in IC 36-9-31-2) of a facility (as defined in IC 36-9-31-2); or
(2) revenues under:
(A) IC 8-1.5;
(B) IC 13-21-3-13;
(C) IC 13-21-11; or
(1) a joint district; or
(2) a single district having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000);
the board appointed under section 5 of this chapter may elect from the board's membership an executive committee having an odd number of members.
(b) An executive committee elected under subsection (a) for a joint district has only the powers invested in the committee by resolution of the board. An executive committee may exercise any powers of the board under this article that are delegated to the executive committee by resolution of the board.
(c) The board of the joint district may appoint one (1) or more alternates from among the membership of the board to:
(1) participate; and
(2) exercise the power to vote;
with the executive committee if a member of the executive committee is absent.
scheduled monthly meeting of a board as required under IC 13-21-5-2.
(b) The board shall select the following:
(1) A chairperson and vice chairperson from the board's membership.
(2) A controller who is not a member of the board.
(3) A district director who meets the requirements of section 9.1 of this chapter.
(c) If a controller selected by a board under this section is the fiscal officer of a county or municipality, the duties of the controller under a statute or an ordinance are in addition to the duties the controller has while serving as the fiscal officer of the county or municipality.
(b) The district director selected by the board under section 9 of this chapter:
(1) must, subject to subsection (c), possess a minimum of three (3) years of solid waste management experience;
(2) must possess a certification from the Solid Waste Association of North America; and
(3) must not have been convicted of a crime involving:
(A) misrepresentation; or
(B) the violation of a state or federal environmental protection law.
(c) The board may consider work toward a postgraduate degree to be solid waste management experience for purposes of subsection (b)(1).
(1) is responsible to the board for the management of the district; and
(2) shall perform other duties prescribed by the board that are consistent with this chapter.
each district shall appoint and convene a solid waste management
advisory committee of citizens not later than thirty (30) days after the
board has been established. The committee must include the following:
(1) Representatives of the solid waste management industry
operating in the district.
(2) Representatives of the environmental community and other
citizens who are:
(A) knowledgeable about and interested in environmental
issues; and
(B) not employed directly or indirectly by the solid waste
management industry.
(b) At least fifty percent (50%) of the members of an advisory
committee must be made up of the representatives of the environmental
community and other citizens. All members of the committee must be
residents of the district.
(c) In the resolution establishing an advisory committee, the board
shall specify the terms of the members and the purposes of the
committee. Each advisory committee shall do the following:
(1) Study the subjects and problems specified by the board and
recommend to the board additional problems in need of study and
discussion.
(2) If invited by the board to do so, participate, without the right
to vote, in the deliberations of the board.
(d) An advisory committee shall report only to the board. Reports of
the committee must
(1) accompany a final district plan when the plan is submitted to
the commissioner under IC 13-21-5; and
(2) be made available to members of the public.
(e) An advisory committee may choose to study and report on
matters that are not specified by the board if the committee determines
a study is warranted.
(f) An advisory committee and board shall conduct at least two (2)
joint meetings each year to discuss current and future issues. The
advisory committee shall submit into the record at the next meeting of
the board advice on the topics discussed at the joint meeting.
(g) An advisory committee shall do the following:
(1) Meet after the first publication of the district's proposed
annual budget.
(2) Submit written comments concerning the proposed budget at
a public hearing that is held to review the proposed budget.
JULY 1, 2011]: Sec. 12. (a) Except as provided in section 14.5 of this
chapter, the powers of a district include the following:
(1) The power to develop and implement a district solid waste
management plan under IC 13-21-5.
(2) (1) The power to impose district fees on the final disposal of
solid waste within at a final disposal facility owned or operated
by the district. under IC 13-21-13.
(3) (2) The power to receive and disburse money, if the primary
purpose of activities undertaken under this subdivision is to carry
out the provisions of this article.
(4) (3) The power to sue and be sued.
(5) (4) The power to plan, design, construct, finance, manage,
own, lease, operate, and maintain facilities for solid waste
management.
(6) (5) The power to enter with any person into a contract or an
agreement that is necessary or incidental to the management of
solid waste. Contracts or agreements that may be entered into
under this subdivision include those for the following:
(A) The design, construction, operation, financing, ownership,
or maintenance of facilities by the district or any other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products
generated by a facility.
Notwithstanding any other statute, the maximum term of a
contract or an agreement described in this subdivision may not
exceed forty (40) years.
(7) (6) The power to enter into agreements for the leasing of
facilities in accordance with IC 36-1-10 or IC 36-9-30.
(8) (7) The power to purchase, lease, or otherwise acquire real or
personal property for the management or disposal of solid waste.
(9) (8) The power to sell or lease any facility or part of a facility
to any person.
(10) (9) The power to make and contract for plans, surveys,
studies, and investigations necessary for the management or
disposal of solid waste.
(11) (10) The power to enter upon property to make surveys,
soundings, borings, and examinations.
(12) (11) The power to:
(A) accept gifts, grants, loans of money, other property, or
services from any source, public or private; and
(B) comply with the terms of the gift, grant, or loan.
(13) (12) For property taxes first due and payable before
2012, the power to levy a tax within the district to pay costs of
operation in connection with solid waste management, subject to
the following:
(A) Regular budget and tax levy procedures.
(B) Section 16 of this chapter.
However, except as provided in sections 15 and 15.5 of this
chapter, a property tax rate imposed under this article may not
exceed eight and thirty-three hundredths cents ($0.0833) on each
one hundred dollars ($100) of assessed valuation of property in
the district.
(14) (13) The power to borrow in anticipation of taxes. revenue.
(14) The power to request and collect information from
postconsumer sources on the amount and type of recycling
and waste diversion occurring at the source.
(15) The power to hire the personnel necessary for the
management or disposal of solid waste in accordance with an
approved budget and to contract for professional services.
(16) The power to otherwise do all things necessary for the:
(A) reduction, management, and disposal of solid waste; and
(B) recovery of waste products from the solid waste stream;
if the primary purpose of activities undertaken under this
subdivision is to carry out the provisions of this article.
(17) The power to adopt resolutions that have the force of law.
However, a resolution is not effective in a municipality unless the
municipality adopts the language of the resolution by ordinance
or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and conditionally
exempt small quantity generator (as described in 40 CFR
261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and
disposal project grant under IC 13-20-20 and carry out all
commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for a
household hazardous waste and conditionally exempt small
quantity generator (as described in 40 CFR 261.5(a))
collection and disposal project, so that at the end of the
district's fiscal year the unused and unencumbered balance of
appropriated money reverts to the district's general fund only
if the district's board specifically provides by resolution to
discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as
described in IC 13-20-22-2 and carry out all commitments
contained in a grant application.
(19) The power to enter into an interlocal cooperation agreement
under IC 36-1-7 to obtain:
(A) fiscal;
(B) administrative;
(C) managerial; or
(D) operational;
services from a county or municipality.
(20) The power to compensate advisory committee members for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a final
disposal facility is located; or
(B) a county that:
(i) was part of a joint district;
(ii) has withdrawn from the joint district as of January 1,
2008; and
(iii) has established its own district in which a final disposal
facility is located.
(23) The power to make grants or loans of:
(A) money;
(B) property; or
(C) services;
to public or private recycling programs, composting programs, or
any other programs that reuse any component of the waste stream
as a material component of another product, if the primary
purpose of activities undertaken under this subdivision is to carry
out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital
fund. A district's board may appropriate money in the fund for:
(A) equipping;
(B) expanding;
(C) modifying; or
(D) remodeling;
an existing facility. Expenditures from a capital fund established
under this subdivision must further the goals and objectives
contained in a district's solid waste management plan. Not more
than five percent (5%) of the district's total annual budget for the
year may be transferred to the capital fund that year. The balance
in the capital fund may not exceed twenty-five percent (25%) of
the district's total annual budget. If a district's board determines
by resolution that a part of a capital fund will not be needed to
further the goals and objectives contained in the district's solid
waste management plan, that part of the capital fund may be
transferred to the district's general fund, to be used to offset
tipping fees, property tax revenues, or both tipping fees and
property tax revenues.
(25) The power to conduct promotional or educational programs
that include giving awards and incentives that further the district's
solid waste management plan. goals.
(26) The power to conduct educational programs under
IC 13-20-17.5 to provide information to the public concerning:
(A) the reuse and recycling of mercury in:
(i) mercury commodities; and
(ii) mercury-added products; and
(B) collection programs available to the public for:
(i) mercury commodities; and
(ii) mercury-added products.
(27) The power to implement mercury collection programs under
IC 13-20-17.5 for the public and small businesses.
(b) Except as provided in IC 13-21-7.1-2, a district may not levy
a tax within the district to pay costs of the operation of the district.
(1) Enter into agreements concerning and acquire by any lawful means real property or interests in real and personal property needed for the purposes of this section.
(2) Enter into financing agreements to purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve facilities.
(3) Lease facilities to users or developers with or without an option to purchase.
(4) Sell facilities to users or developers for consideration, which may be paid in installments or otherwise.
(5) Make direct loans to users or developers for the cost of acquisition, construction, or installation of facilities, including real property, machinery, or equipment. If loans are made, the development bonds must be secured by the pledge of one (1) or more bonds or other secured or unsecured debt obligations of the
users or developers.
(6) Enter into agreements with users or developers to allow the
users or developers to wholly or partially acquire, construct, or
modify facilities to be acquired by the district.
(7) Issue waste management development bonds under IC 13-21-9
to do the following:
(A) Accomplish the purposes of this section and IC 13-21-9.
(B) Secure payment of the development bonds as provided in
IC 13-21-9.
(b) This section or IC 13-21-9 does not authorize the district's
financing of facilities for a developer unless any agreement that exists
between a developer and a user is fully disclosed to and approved by
the board.
(1) A nonreverting capital fund established under section 12(24) of this chapter.
(2) A fund established under IC 13-21-7-8 (before its repeal).
(3) The waste management district bond fund established under IC 13-21-7-10 (before its repeal).
(4) A fund established to secure the payment of principal and interest under IC 13-21-12-1(12) (before its repeal).
(b) At the end of each year the district shall prepare a report that provides the following information:
(1) For each fund that contains district money:
(A) the cash balance at the end of the year;
(B) a list of all encumbrances on the fund that the district is legally obligated to pay;
(C) a copy of documentation that supports each encumbrance listed in clause (B);
(D) the fund balance obtained by subtracting the amount under clause (B) from the amount under clause (A); and
(E) the total expenditures from the fund for the year.
(2) The total of all fund balances calculated under subdivision (1)(D).
(3) The total of all fund expenditures reported under subdivision (1)(E).
(c) The district shall provide the report developed under subsection (b) to the department, the department of local government finance, and the environmental quality service council by February 1 of the year following the year for which the report is made.
(1) The continuation of waste management services that a solid waste district provides with its facilities or work force before March 15, 1996.
(2) Waste management services provided to the district under an agreement entered into by the district before March 15, 1996, with another person until the agreement terminates by its terms or is terminated for cause.
(3) The development, operation, and contracting for the development or operation of a publicly owned solid waste landfill in a county having a population of more than one hundred ten thousand (110,000) but less than one hundred fifteen thousand (115,000). The operation of the landfill must have begun before July 1, 2001.
(4) A contract entered into between the board and a third party before May 1, 1997, for the development or operation of a solid waste landfill in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). The third party is limited to those parties that submitted proposals to the board under a formal request for proposals that were selected by the board, before December 1, 1995, as finalists in the contract negotiations.
(5) A contract between a board and a third party to operate a facility that is owned by the district and for which construction was substantially complete before March 1, 1996.
(6) Activities conducted as part of household hazardous waste (as defined in IC 13-11-2-104) collection and disposal projects.
(b) Except as provided in subsection (c), a district may not:
(1) undertake to provide waste management services by means of its own work force; or
(2) contract with any person to provide waste management services.
(c) A district may perform the activities described in subsection (b):
(1) if:
(A) the board is able to adopt a resolution under subsection (d); and
(B) a private sector entity is not willing or able to provide waste management services at a reasonable cost to the district; or
(2) if the district is requested to do so by a unit of government that
performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district
must either provide waste management services by means of its own
work force or contract with a person to provide waste management
services, only if the board finds that:
(1) the waste management service is not currently available in the
district at a reasonable cost; and
(2) providing the waste management service by means of its own
work force or by contract will benefit the public health, welfare,
and safety of residents of the district.
The board's determination must be supported with findings of fact.
(e) A district shall provide notice by publication under IC 5-3-1 and
at the time of publication serve by first class mail to any person that
delivers to the district an annual written request for notices before
January 1 of any meeting to consider adoption of a resolution making
a preliminary determination that it is necessary for the district to
undertake to provide waste management services by means of its own
work force or contract with any person to provide waste management
services.
(f) Whenever a district evaluates the reasonableness of cost under
this section, it shall:
(1) compare the cost of the same level of service provided in the
district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services
with its own facilities or work force, the district must disclose the
entire cost of providing the service by the district, including the
following:
(A) subsidies arising from taxes, fees, grants, or
intergovernmental transfers;
(B) in-kind contributions of real estate, interests in real estate,
equipment, personnel, or other assets;
(C) discounts; and
(D) tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a
district to perform more than one (1) solid waste recycling, collection,
or disposal event in the manner described in subsection (b) if:
(1) the duration of each event authorized by the resolution is not
more than one (1) day; and
(2) all events authorized by the resolution will take place in one
(1) calendar year.
district may delegate any of the board's authority to any board or
legislative body of a municipality by resolution. However:
(1) an exercise by a municipality of the taxing power of the
district must be ratified by the board of the district; and
(2) if the board of a municipality has been delegated authority
under this subsection, the legislative body of the municipality
must approve an action of the board of the municipality that
involves:
(A) an exercise of the taxing power of the district;
(B) (A) the issuance of bonds under this article or IC 13-9.5
(before its repeal); or
(C) (B) the setting of fees, rates, and charges under this article
or IC 13-9.5 (before its repeal).
(b) The board may delegate authority to the board's officers to carry
out the directions of the board.
(c) A resolution delegating powers of the board under this section
must contain reasonable standards and parameters within which the
delegated powers may be exercised.
(b) A contract under this section must do all of the following:
(1) Describe the fees and revenue that will be collected.
(2) Describe the responsibilities of the district and the county.
(3) Describe any collection charges that a county will impose to reimburse the county for the administrative expenses of collecting fees and revenue.
(4) Establish the date or conditions under which the agreement expires.
(5) Be in writing.
A contract may include other necessary or appropriate terms.
(c) Before a contract under this section becomes effective:
(1) the county auditor and the county treasurer must consent to the terms of the contract; and
(2) the board of the district and the executive body for the county must approve the contract by resolution in a public meeting.
The written consent of the county auditor and county treasurer must be incorporated by reference into the resolution adopted by the county executive body.
(d) To carry out a contract under this section, a county executive
body may establish a collection charge. The charge may not exceed the
direct costs of collecting fees and revenue, including an allowance for
computer reprogramming and other costs incurred to establish and
maintain the collection program. Collection charges received by a
county shall be deposited in the county general fund.
(e) Revenue and fees collected by a county shall be deposited in a
separate fund and distributed to the district, without an appropriation
or a claim, under the terms of the contract.
(f) A county may include a notice of the amount of fees, charges, or
other revenue subject to this section in a property tax notice sent to a
taxpayer.
(g) A county or the district may collect a delinquent payment subject
to this section in the same manner as any general debt may be
collected.
(1) designate itself as a new county district;
(2) join one (1) or more other counties to form a new joint district; or
(3) join an existing joint district;
under the procedures set forth in IC 13-21-3.
Chapter 7.1. Financing: Funding of Solid Waste Management Districts
Sec. 1. The funding of districts shall be:
(1) provided through the state solid waste management fund established by IC 13-20-22-2; and
(2) distributed by the department among the districts based on:
(A) the population and population density of each district; and
(B) the extent to which each district provides the programs identified in IC 13-20-22-2(a)(1).
Sec. 2. (a) This section applies only to district bonds in existence on July 1, 2011.
(b) The district bonds:
(1) are special obligations of the district; and
(2) are not, in any respect, a corporate obligation or indebtedness of the units that comprise the district.
(c) The district bonds and the interest on the bonds are payable out of a special tax levied upon all of the property of the district and any other revenues made available for that purpose under this article. The district bonds must recite these terms on the face of the bonds together with the purpose for which the bonds are issued.
(d) A district may refinance a bond only if the refinancing:
(1) will not add to the principle; and
(2) will result in a lower interest rate on the bond.
SECTION 25. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 13-11-2-59; IC 13-11-2-243; IC 13-21-3-12.2; IC 13-21-3-15; IC 13-21-3-15.5; IC 13-21-3-16; IC 13-21-3-20; IC 13-21-4-7; IC 13-21-5; IC 13-21-7; IC 13-21-8; IC 13-21-9; IC 13-21-10; IC 13-21-12; IC 13-21-13; IC 13-21-14; IC 13-22-3-8.
