Bill Text: NC S163 | 2017-2018 | Regular Session | Amended
Bill Title: Solid Waste Amendments
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-03-02 - Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate [S163 Detail]
Download: North_Carolina-2017-S163-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 163
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Short Title: Solid Waste Amendments. |
(Public) |
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Sponsors: |
Senators Wade, Brock, and Brown (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 2, 2017
A BILL TO BE ENTITLED
AN ACT to make various clarifying and amendatory changes to the solid waste statutes.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 4.9(a) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(a) Section 14.20(a) of S.L. 2015‑241 reads as
rewritten:is rewritten to read:
...."
SECTION 1.(b) Section 4.9(b) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(b)
Section 14.20(a)14.20(c) of S.L. 2015‑241 reads as
rewritten:is rewritten to read:
...."
SECTION 1.(c) Section 4.9(c) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(c)
Section 14.20(d) of S.L. 2015‑241 reads as rewritten:is
rewritten to read:
...."
SECTION 1.(d) Section 14.20(e) of S.L. 2015‑241 reads as rewritten:
"SECTION 14.20.(e)
After July 1, 2016, the annual fee due pursuant to G.S. 130A‑295.8A(d1),G.S. 130A‑295.8(d1),
as enacted by Section 14.20(c) of this act, for existing sanitary landfills and
transfer stations with a valid permit issued before the date this act becomes
effective is equal to the applicable annual fee for the facility as set forth
in G.S. 130A‑295.8A(d1),G.S. 130A‑295.8(d1),
as enacted by Section 14.20(c) of this act, less a permittee fee credit. A
permittee fee credit exists when the life‑of‑site permit fee amount
is greater than the time‑limited permit fee amount. The amount of the
permittee fee credit shall be calculated by (i) subtracting the time‑limited
permit fee amount from the life‑of‑site permit fee amount due for
the same period of time and (ii) multiplying the difference by a fraction, the
numerator of which is the number of years remaining in the facility's time‑limited
permit and the denominator of which is the total number of years covered by the
facility's time‑limited permit. The amount of the permittee fee credit
shall be allocated in equal annual installments over the number of years that
constitute the facility's remaining life‑of‑site, as determined by
the Department, unless the Department accelerates, in its sole discretion, the
use of the credit over a shorter period of time. For purposes of this
subsection, the following definitions apply:
(1) Life‑of‑site
permit fee amount. – The amount equal to the sum of all annual fees that would
be due under the fee structure set forth in G.S. 130A‑295.8A(d1),G.S. 130A‑295.8(d1),
as enacted by Section 14.20(c) of this act, during the cycle of the facility's
permit in effect on July 1, 2016.
(2) Time‑limited permit
fee amount. – The amount equal to the sum of the application fee or renewal
fee, whichever is applicable, and all annual fees paid or to be paid pursuant
to subsections (c) and (d) of G.S. 130A‑295.8A,G.S. 130A‑295.8,
as repealed by Section 14.20(c) of this act, during the cycle of the facility's
permit in effect on July 1, 2016.
The Department shall adopt rules to implement this subsection."
SECTION 2.(a) Section 14.20(f) of S.L. 2015‑241, as amended by Section 4.9(d) of S.L. 2015‑286, reads as rewritten:
"SECTION 14.20.(f)
This section becomes effective October 1, 2015. G.S. 130A‑294(b1)(2),
as amended by subsection (a) of this section, applies to franchise agreements
agreements (i) executed on or after October 1, 2015. October
1, 2015, and (ii) executed on or before October 1, 2015, only if all parties to
a valid and operative franchise agreement consent to modify the agreement for
the purpose of extending the agreement's duration to the life‑of‑site
of the landfill for which the agreement was executed. The remainder of
G.S. 130A‑294, as amended by subsection (a) of this section, and
G.S. 130A‑295.8, as amended by subsection (c) of this section, apply
to (i) existing sanitary landfills and transfer stations, with a valid permit
issued before the date this act becomes effective, on July 1, 2016, at which
point a permittee may choose to apply for a life‑of‑site permit
pursuant to G.S. 130A‑294(a2), as amended by Section 14.20(b) of
this act, or may choose to apply for a life‑of‑site permit for the
facility when the facility's permit is next subject to renewal after July 1,
2016, (ii) new sanitary landfills and transfer stations, for applications
submitted on or after July 1, 2016, and (iii) applications for sanitary
landfills or transfer stations submitted before July 1, 2015, and pending on
the date this act becomes law shall be evaluated by the Department based on the
applicable laws that were in effect on July 1, 2015, and the Department shall
not delay in processing such permit applications in consideration of changes
made by this act, but such landfills and transfer stations shall be eligible
for issuance of life‑of‑site permits pursuant to G.S. 130A‑294(a2),
as amended by Section 14.20(b) of this act, on July 1, 2016, at which point a
permittee may choose to apply for a life‑of‑site permit pursuant to
G.S. 130A‑294(a2), as amended by Section 14.20(b) of this act, or
may choose to apply for a life‑of‑site permit for the facility when
the facility's permit is next subject to renewal after July 1, 2016."
SECTION 2.(b) G.S. 130A‑294(b1) reads as rewritten:
"(b1) (1) For purposes of this subsection and subdivision (4) of subsection (a) of this section, a "substantial amendment" means either:
...
(2) A person who intends to
apply for a new permit for a sanitary landfill shall obtain, prior to applying
for a permit, a franchise for the operation of the sanitary landfill from each
local government having jurisdiction over any part of the land on which the
sanitary landfill and its appurtenances are located or to be located. A local
government may adopt a franchise ordinance under G.S. 153A‑136 or
G.S. 160A‑319. A franchise granted for a sanitary landfill shall shall
(i) be granted for the life‑of‑site of the landfill and
shall landfill, but for a period not to exceed 60 years, and (ii) include
all of the following:
a. A statement of the population to be served, including a description of the geographic area.
b. A description of the volume and characteristics of the waste stream.
c. A projection of the useful life of the sanitary landfill.
d. Repealed by Session Laws 2013‑409, s. 8, effective August 23, 2013.
e. The procedures to be followed for governmental oversight and regulation of the fees and rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction of the franchising entity.
f. A facility plan for the sanitary landfill that shall include the boundaries of the proposed facility, proposed development of the facility site, the boundaries of all waste disposal units, final elevations and capacity of all waste disposal units, the amount of waste to be received per day in tons, the total waste disposal capacity of the sanitary landfill in tons, a description of environmental controls, and a description of any other waste management activities to be conducted at the facility. In addition, the facility plan shall show the proposed location of soil borrow areas, leachate facilities, and all other facilities and infrastructure, including ingress and egress to the facility.
(3) Prior to the award of a franchise for the construction or operation of a sanitary landfill, the board of commissioners of the county or counties in which the sanitary landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be located or is located in a city, the governing board of the city shall conduct a public hearing. The board of commissioners of the county or counties in which the sanitary landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be located or is located in a city, the governing board of the city shall provide at least 30 days' notice to the public of the public hearing. The notice shall include a summary of all the information required to be included in the franchise, and shall specify the procedure to be followed at the public hearing. The applicant for the franchise shall provide a copy of the application for the franchise that includes all of the information required to be included in the franchise, to the public library closest to the proposed sanitary landfill site to be made available for inspection and copying by the public. The requirements of this subdivision shall not apply to franchises amended by agreement of the parties to extend the duration of the franchise to the life‑of‑site of the landfill, but for a period not to exceed 60 years.
...."
SECTION 2.(c) G.S. 160A‑319(a) reads as rewritten:
"§ 160A‑319. Utility franchises.
(a) A city shall have
authority to grant upon reasonable terms franchises for a telephone system and
any of the enterprises listed in G.S. 160A‑311, except a cable
television system. A franchise granted by a city authorizes the operation of
the franchised activity within the city. No franchise shall be granted for a
period of more than 60 years, except including a franchise granted to
a sanitary landfill for the life‑of‑site of the landfill pursuant
to G.S. 130A‑294(b1); provided, however, that a franchise for
solid waste collection or disposal systems and facilities facilities,
other than sanitary landfills, shall not be granted for a period of more
than 30 years. Except as otherwise provided by law, when a city operates an
enterprise, or upon granting a franchise, a city may by ordinance make it
unlawful to operate an enterprise without a franchise."
SECTION 2.(d) G.S. 153A‑136 reads as rewritten:
"§ 153A‑136. Regulation of solid wastes.
(a) A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may:
...
(3) Grant a franchise to one
or more persons for the exclusive right to commercially collect or dispose of
solid wastes within all or a defined portion of the county and prohibit any
other person from commercially collecting or disposing of solid wastes in that
area. The board of commissioners may set the terms of any franchise, except
that no franchise may be granted for a period exceeding 30 years, nor may any franchise;
provided, however, no franchise shall be granted for a period of more than 30
years, except for a franchise granted to a sanitary landfill for the life‑of‑site
of the landfill pursuant to G.S. 130A‑294(b1), which may not exceed
60 years. No franchise by its terms may impair the authority of the
board of commissioners to regulate fees as authorized by this section.
...."
SECTION 2.(e) Subsection (a) of this section applies to franchise agreements (i) executed on or after October 1, 2015, and (ii) executed on or before October 1, 2015, only if all parties to a valid and operative agreement consent to modify the agreement for the purpose of extending the agreement's duration of the life‑of‑site of the landfill for which the agreement was executed.
SECTION 3. The Division of Waste Management of the Department of Environmental Quality shall examine whether solid waste management activities in the State are being conducted in a manner most beneficial to the citizens of the State in terms of efficiency and cost‑effectiveness, with a focus on solid waste disposal capacity across the State, particularly areas of the State that have insufficient disposal capacity, as well as areas of the State with disposal capacity that is underutilized, resulting in transport of waste to other jurisdictions. The Department shall develop economic estimates of the short‑ and long‑term costs of waste transport in these situations versus full utilization of capacity, or expansion of capacity, in the originating jurisdiction. The Department shall also provide information on landfill capacity that is permitted but not yet constructed and expansion opportunities for future landfill capacity. The Department shall submit a report, including any legislative recommendations, to the Environmental Review Commission no later than March 1, 2018.
SECTION 4. Except as otherwise provided, Sections 1 and 2 of this act are effective retroactively to July 1, 2015. The remainder of this act is effective when it becomes law.
