Bill Text: IN SB0208 | 2010 | Regular Session | Amended
Bill Title: Solid waste management district funding.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Environmental Affairs [SB0208 Detail]
Download: Indiana-2010-SB0208-Amended.html
Citations Affected: IC 13-21.
Effective: Upon passage; July 1, 2010.
January 11, 2010, read first time and referred to Committee on Tax and Fiscal Policy.
January 28, 2010, amended, reported favorably _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
Digest Continued
a new budget for the district. (4) If the district will impose property taxes in the following year, the county fiscal body must approve the use of property taxes. (5) The board of the district shall appoint and convene a new solid waste management advisory committee. Specifies that a district may impose a fee only if the district board holds a public hearing in the calendar year immediately preceding the first year in which the fee will be imposed and then approves the fees by a majority vote of all members of the board. Requires consolidation of public hearings if imposition of both property taxes and fees is proposed. Reinstates the exemption for Marion County from regulation or control under the solid waste management district statutes governing the management of solid waste activities and the collection of fees on the disposal of solid waste in a final disposal facility. (The exemption expired December 2, 2008, under current law.) Provides that the exemption does not apply to a statute concerning fees imposed on the disposal or incineration of solid waste in a final disposal facility and the deposit of those fees in the state solid waste management fund.
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A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) are in addition to the requirements set forth in IC 6-1.1-18.5-7(b); and
(2) do not apply to a district that:
(A) owns a landfill;
(B) will use property tax revenue to:
(i) construct a new landfill cell; or
(ii) close a landfill cell;
at the landfill; and
(C) has received approval from the county fiscal body of the county in which the landfill is located to construct or close the landfill cell.
following year tax revenue derived from the imposition of a property
tax, the first year that a property tax will be imposed and any
subsequent year in which the proposed tax levy will increase by five
percent (5%) or more, a board must present identical resolutions to
each of the county fiscal bodies within the district seeking approval for
the use of property tax revenue within the district. The resolution must
state the proposed property tax levy and the proposed use of the
revenue. The resolution must be stated so that
(1) a "yes" vote indicates approval of the levy and the proposed
use of property tax revenue within the district; and
(2) a "no" vote indicates disapproval of the levy and the proposed
use of property tax revenue within the district.
(c) For a resolution described in subsection (b) to be approved by
the county fiscal body:
(1) the county fiscal body must record the vote taken on the
resolution under subsection (b) before May 1 of the year in which
the vote was taken; and
(2) the recorded vote must indicate approval of the use of property
tax revenue within the district.
(b) For each year:
(1) a district's proposed property tax levy and proposed
budget must be approved by a majority vote of all members
of the board after the board complies with subsection (e); and
(2) the district's proposed property tax levy and proposed
budget are subject to review and approval under
IC 6-1.1-17-20 or IC 36-3-6-9, whichever applies.
(d) (c) If all of the county fiscal bodies within a district do not
record the approval described in subsection (c) before May 1 of the
year in which the vote under subsection (b) was taken, approve the
district's proposed property tax levy under IC 6-1.1-17-20 or
IC 36-3-6-9 (whichever applies) for a particular year, the board may
not:
(1) impose; or
(2) include within the budget of the board;
a property tax for the that year. following the year in which the vote
was taken.
(e) Notwithstanding subsection (d), after the first year a tax is
imposed under this section, the resolution required by subsection (b)
for a district that is located in more than two (2) counties need only be
approved by a majority of the county fiscal bodies for the counties in
which the district is located.
(f) (d) A district may not issue bonds to be repaid, directly or
indirectly, with money or property tax revenue of the district until a
majority of the members of each of the county fiscal bodies within a
district passes a resolution approving the bond issue.
(e) Subject to subsection (f), a board may approve the district's
proposed property tax levy and proposed budget under this section
only after public notice in accordance with IC 5-3-1 and a public
hearing before the board at which:
(1) all persons using facilities, owning property, or generating
solid waste within the district who are benefited by solid waste
management; and
(2) other interested persons;
have an opportunity to be heard concerning the proposed property
taxes.
(f) A board that proposes to impose:
(1) property taxes under this section; and
(2) solid waste management fees under IC 13-21-14-1;
for a calendar year shall consolidate the public hearing required by
subsection (e) with the public hearing required by IC 13-21-14-5.
(b) The exemption under subsection (a) does not apply to IC 13-20-22-1.
(1) approved by the department of local government finance; and
(2) sent to:
(A) the executive; and
(B) the fiscal body;
of each county and municipality located within the district as a matter of record.
(b) The district's annual budget must be approved by a majority vote of all members of the board.
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) If a county
withdraws from or the county executives of a joint district remove a
county from a joint district, the county must:
(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.
(b) If a county:
(1) designates itself as a new county district; or
(2) joins one (1) or more other counties to form a new joint
district;
the county district or new joint district shall, after a public hearing,
submit a district plan to the commissioner as provided under
IC 13-21-5. If the new county district or new joint district will
impose property taxes in the year after designating itself as a new
county district or forming the new joint district, each of the county
fiscal bodies within the new county district or new joint district
must approve the use of property taxes by the district under the
procedures specified in IC 13-21-3-16.
(c) If a county joins an existing joint district, the joint district shall,
after a public hearing, amend the joint district's district plan as
provided under IC 13-21-5. If the joint district will impose property
taxes in the year after a county joins the joint district, each of the
county fiscal bodies within the joint district must approve the use
of property taxes under the procedures specified in IC 13-21-3-16.
(d) If a county withdraws or is removed from a joint district that
consists of more than two (2) counties, the joint district shall, after a
public hearing, amend the joint district's district plan as provided
under IC 13-21-5. If the joint district will impose property taxes in
the year after a county withdraws or is removed from the joint
district, each of the county fiscal bodies within the joint district
must approve the use of property taxes under the procedures
specified in IC 13-21-3-16.
(e) The following apply if a joint district is dissolved or if all but
one (1) of the counties participating in a joint district have
withdrawn from the joint district or have been removed from the
joint district:
(1) The county executive of each county that was participating
in the joint district must:
(A) designate itself as a new county district;
(B) join one (1) or more other counties to form a new joint
district; or
(C) join an existing joint district;
as provided in this section.
(2) In the case where all but one (1) of the counties
participating in a joint district have withdrawn from the joint
district or have been removed from the joint district, the
county that did not withdraw or was not removed from the
joint district must still comply with the requirements of
subdivision (1).
(3) The following apply if the county that did not withdraw or
was not removed from the joint district does not join one (1)
or more other counties to form a new joint district or does not
join an existing joint district:
(A) The county must designate itself as a new county
district and is treated for purposes of this article as a new
county district.
(B) The district must, after a public hearing, adopt and
submit to the commissioner for approval a new district
solid waste management plan that meets the requirements
of IC 13-21-5 and the criteria and other elements set forth
in the state plan. The district must follow the procedures
of IC 13-21-5 in creating and submitting the district's new
solid waste management plan.
(C) The district must, after a public hearing, adopt a new
budget for the district.
(D) If the district will impose property taxes in the
following year, the county fiscal body must approve the use
of property taxes under the procedures specified in
IC 13-21-3-16.
(E) The board of the district shall appoint and convene a
new solid waste management advisory committee of
citizens under IC 13-21-3-11.
(1) may; and
(2) if necessary to pay principal or interest on any bonds issued under this article or IC 13-9.5-9 (repealed), shall;
establish solid waste management fees in addition to fees imposed under IC 13-21-13 or IC 13-9.5-7 (before its repeal) that apply to all persons owning real property or generating solid waste within the district who are benefited by solid waste management, solid waste collection, a facility for solid waste disposal, or a facility for solid
waste processing.
(b) The Subject to subsections (c) and (d), a board may change
and readjust that proposes to impose fees as necessary. in the district
under this section in a calendar year after 2010 must, in the
calendar year immediately preceding the first year in which the fee
will first be imposed, approve the imposition of the fees by
adoption of a resolution by a majority vote of all members of the
board.
(c) A board may not adopt a resolution under subsection (b)
before a public hearing is held under section 5 of this chapter.
(1) all persons using facilities, owning property, or generating solid waste within the district who are benefited by solid waste management; and
(2) other interested persons;
have an opportunity to be heard concerning the proposed fees.
(b) After introduction of a resolution fixing fees and before the resolution is adopted, public notice of the hearing, setting forth the schedule of fees, shall be given. The hearing may be adjourned as necessary.
(c) After the hearing the resolution establishing fees, either as originally introduced or as amended, shall be passed and put into effect.
(d) A copy of the schedule of fees established shall be kept:
(1) on file in the office of the board or the controller, secretary, or other record keeping officer of the district; and
(2) open to inspection by all interested persons.
(e) The fees established extend to cover any additional territory later served that falls within the same class without the necessity of a hearing or notice.
(f) During a calendar year, a board may change or
(g) A board that proposes to:
(1) establish fees under this section; and
(2) impose property taxes under IC 13-21-3-16;
for a calendar year shall consolidate the public hearing required by subsection (a) with the public hearing required by IC 13-21-3-16(e).
