SB 849
Modifies provisions relating to solid waste management
LR Number:
Last Action:
3/1/2012 - Second Read and Referred S Commerce, Consumer Protection, Energy and the Environment Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2012

Current Bill Summary

SB 849 - The act modifies provisions relating to solid waste management districts.

Current law allows counties to make a request to the department to be part of a different solid waste region during a certain period of time every three years. The act allows a county to make such a request during the last three months of every calendar year, starting in calendar year 2014.

The act removes the ability of a county to form a solid waste management district.

Current law allows a solid waste management district to enter into a contract with a city or county within the district to provide solid waste management services. The act prohibits administrative or other district operations services from being part of the contract.

Current law requires the governing bodies of counties and certain size cities in a solid waste management district to appoint representatives to the solid waste management council. The act makes this provision discretionary on the part of the counties and cities. The act reduces the requirement that the council must meet at least twice annually to once annually.

Current law prescribes a number of duties for the executive board of a solid waste management council. The act removes the duty to identify illegal dump sites and adds the duties to: review and report to the Department of Natural Resources on the performance of the solid waste management district; evaluate grant proposals to be submitted to the Department of Natural Resources; and meet at least quarterly. The executive board may enter into contracts for solid waste management services except district administrative services may not be part of the contract. The act prohibits any person from participating in the evaluating or ranking of grant proposals if the person is affiliated with the organization submitting the proposal.

The act removes the requirement that the executive board submit a solid waste management plan within 18 months of the formation of the solid waste management district and modifies a few of the requirements of a solid waste management plan. The act removes the requirements that a plan must establish timetables for the reduction of solid waste placed in landfills and for financing the solid waste management system.

Current law requires an annual adjustment for inflation to the $1.50 and $1 per ton fees charged by operators of solid waste sanitary landfills, demolition landfills, and transfer stations, except no adjustment is allowed during the years 2005 through 2014. This act removes the 2014 end date, effectively disallowing an inflation adjustment to these fees any time after October 1, 2005.

Current law requires up to $200,000 from the Solid Waste Management Fund to be annually distributed as grants to solid waste management districts for district operations. The act removes this provision. The act transfers the duty, from the Environmental Improvement and Energy Resources Authority to the Department of Natural Resources, to measure the effectiveness of the program to develop markets for recovered materials. Also through the Solid Waste Management Fund, current law directs that 61% of certain remaining revenues be used for grants to cities, counties, and solid waste management districts. The act lowers this percentage to 51%. The act also lowers, from 50% to 30%, the maximum amount of this funding that may be awarded to districts. The 10% difference (from 61% to 51%) is directed to fund the cleanup of closed abandoned disposal sites, illegal sites, or closed or abandoned recovery sites including composting sites. The act removes a provision that certain funding from the Solid Waste Management Fund may be used for the used motor oil program.

The act modifies provisions pertaining to the Solid Waste Advisory Board. The act requires the boardmembers to represent either the interest of the public or solid waste systems. Current law requires the director of the Department of Natural resources to appoint up to 5 members to the board. The act instead requires the director to appoint 6 members and specifies the representation of each member. The board must meet at least 4 times a year. In addition to its duties under current law, the board must advise the Department of Natural Resources regarding solid waste management problems experienced by the public or members of the solid waste industry, as well the effectiveness of the solid waste management districts in meeting solid waste needs.