AG 1993 03 15 - Laserfiche WebLink

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SECTION D. PROPOSED LEGISLATION OF CONCERN (Cont.) Environmental Protection Bills Manager Recommendations: Support: S51 SS3/H82 S59/H68 S60/H67 S76/H86 Solid Waste Fees Authority Recycling Authority Prohibit Antifreeze, Aluminum Cans Disposal Tax on White Goods Regional Response Teams Oppose for Additional Study: S52/H90 Prohibit PVC Containers S54 Hazardous Waste Tax S55/H89 Incinerator Operator Training S57/H83 Change Scrap Tire Tax SUPPORT: S51 "To authorize counties ~/nd cities to expand the fee on owners of improved property for solid waste management, to authorize counties to impose a franchise fee, and to establish the basis for setting the amount of certain local fees for commercial solid waste collection and disposal activities." Sen. Fountain Odom (Mecklenburg). This bill, referred to the Senate Committee on Local Government and Regional Affairs, would rewrite provisions in city and county public enterprise statutes (Article 15 of C,,hapter 153A and Article 16 of Chapter 160A) dealing with fees for collection and disposal of solid ~ aste. It would authorize counties and cities to charge fees for availability and for use of so]id waste management services and solid wasle management facilities at levels described below and would make numerous conforming changes to adopt uniform language. County provisions of thebill would adopt definitions of "solid waste management" and "solid waste management facility" set out in G.S. 130A-290. An availability fee could be imposed on all improved property in the city or county that benefits from the availability of the service or facility. Both county and city fees for use of solid waste management ser- vices or facililJes could only be imposed on those who use the service or facility; the amount ora city use fee could include, but not exceed, the costs &providing and operating the service or facility. Various other use and availability fee limitation provisions in county and city statutes would be deleted. Fees for use of a service or facility could not be imposed on owners of improved property who have been charged a fee for the availability of the service or facility except Io recover any costs of providing and operating the service or facility not covered by the availability fees. The bHI would allow availability or use fees to -be based on the combined costs'of the different services or facilities provided by the county or city; the fee could not exceed the combined costs of providing and operating all services and facilities provided by the county or city (current provisi6ns only mention consideration of combined costs of different disposal facilities). The bill would specify that the prohibition on property liens for county enterprise fees, etc., would not apply to solid waste management sen, ices and facilities. The authority to impose such liens is in G.S. 153A-293. The bill would also amend G.S. 153A-136(a) and G.S. 160A-319 to allow county license or franchise fees and city franchise fees for commercial collection or disposal of solid waste to be based on the weight, volume, or composition of solid waste collected or disposed of, on the gross revenues received by the license or franchise holder for the collection or disposal activities, or on other factors. A person could not hold both a county license and a county franchise for commercial solid waste collection or disposal. ·