AG 1993 03 03 - Laserfiche WebLink

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SECTION D. PROPOSED LEGISLATION OF CONCERN (Cont.) 2. Environmental Protection Bills (Cont.) Support: S53/I-I82 "To clarify the authority that a count)' or city has to require participation in a recycling program." Sen. Fountain Odom (Mecklenburg) and Rep. Dan Devane (Hoke). These bills, referred to the Senate Committee on Local Government and Regional Affairs and the House Finance committee, would amend G.S. 153A-136 for counties and G.S. 160A-317 for municipalities to specify that they could require par- ticipation in recycling pro,ams by requiring that owners separate designated materials to be recycled and would spec/fy that if the materials are placed in receptacles or delivered to locations and facilities owned or operated by the unit of government, ownership of the materials would be transferred to the unit or its designee. The bill would not apply to any contracts or renewals or extensJons of conlzacts in existence at the time of ratification. S59/H68 "To prohibit the d~sposal of certain classes of recyclable solid waste in landfills or by incineration." Sen. Fountain Odom (Mecklenburg) and Rep. Pele Thompson (Chowan). These bills would amend G.S. 130A-309.10(f) to prohibit disposing of antifreeze or aluminum cans in landfills and add a subsection prohibiting incineration or disposal of white goods, steel cans (unless the steel were recoverable at the end of the process), antifreeze, or aluminum cans. The Senate bill was referred to the Senate Committee on Local Government and Regional Affairs and the House bill to the House Environment Committee. S60/'H67 S72/H86 "To impose an advance disposal tax on new white goods, {o requlre each county Io provlde a posal site for while goods, and to provide for the removal of chlorofluorocarbons from white goods that contain chlorotluorocarbons." Sen. Fountain Odom (Mecklenburg) and Rep. Pete Thompson (Chowan). These bills were referred to the Senate Committee on Local Government and Regional Affairs and the House Finance Committee. The bills would add unit air conditioners to the definition of white goods (large appliances) and would impose a $10 tax on new white goods containing chlorofluorocarbons, and a $5 tax on those without. The bill would impose liability for the tax on a manufaciurer and also on a wholesaler or retailer who fa-st acquires goods manufactured outside the state. Taxes would be due and reports would be flied monthly with the Secretary of Revenue. M'anufacturers, wholesalers and retailers would have to obtain a $25 continuing white goods license for each place of business. The Secretary of Revenue would return a collection cost of 0.7% of tax revenue and distribute quarterly 10% of the remainder to the Solid Waste Management Trust Fund and 90% to counties on a per capita basis. The bills would also provide instructions to counties on how to dispose of white goods properly and would for- bid disposal in landfills, incinerators or waste-to-energy facilities. The bills would require posting of notice of state law on disposal at the point of sale, with a $50 daily penalty for failure to do so. Improper disposal would be littering under G.S. 14-399. The bills would preempt local ordinances on disposal fees. "To establish regional response teams for hazardous materials emergencies in North Carolina". Sen. David Parnell (Robeson) and Rep. Foyle Hightower (Anson). These bills would direct the Secretary of Crime Control and Public Safety to establish at least six response teams throughout the state and estab- lish standards, guidelines and procedures the Secretary is to establish for the program, consulting with Regional Response Team Advisory Committee. The bills would allow the Secretary to contract with local government for teams. The contracts would specify that local employees would not become state employees when performing duties, and would protect team members from liability except for gross negligence, bad faith or willful misconduct. The bills would permit regional response learns to enter private property when a release of hazardous material has occurred or is imminent. They would require a person causing a release of material to pay the cost ora team. Funds collected would support the system through a Hazardous Malerials Emergency Response Fund. The Senate bill was referred to the Senate Committee on Manufactur!ng and Labor and the House bill to the House State Government Committee. 13-4