Bill Text: IN SB0210 | 2012 | Regular Session | Amended
Bill Title: Solid waste management district matters.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-01 - Senator Tallian added as coauthor [SB0210 Detail]
Download: Indiana-2012-SB0210-Amended.html
Citations Affected: IC 6-1.1; IC 13-20; IC 13-20.5; IC 13-21.
Effective: Upon passage; July 1, 2012; January 1, 2013.
January 4, 2012, read first time and referred to Committee on Appropriations.
January 26, 2012, amended, reported favorably _ Do Pass.
January 31, 2012, read second time, amended, ordered engrossed.
Digest Continued
property owners. Permits a county to impose solid waste management fees after 2012 that are a flat charge or that are otherwise imposed on a uniform basis. Provides that after June 30, 2012: (1) the authority of a district board to finance the cost of facilities by borrowing money and issuing revenue bonds is transferred to each county that is a member of the district; and (2) the authority of a district board to issue waste management development bonds is transferred to each county that is a member of the district. Requires the department of environmental management (IDEM), with assistance from the department of education, to provide solid waste management districts (districts) with a curriculum model that includes educational core principles. Provides that districts shall implement educational programs that meet the minimum standards established by IDEM in a curriculum model. Provides that in 2013 and every fifth year thereafter, the legislative council shall assign to an interim study committee or a statutory study committee the topics of: (1) assessing the continued need for districts; and (2) determining whether any changes should be made to the statutes governing districts. The committee to which the study topics are assigned shall issue a final report to the legislative council containing the committee's findings and recommendations (including any recommended legislation concerning the topics). Specifies additional information that a district must include in the annual report prepared by the district and provided to IDEM, the DLGF, and the legislative council. Requires a district to publish the report on an Internet web site maintained by the district or on the Internet web sites maintained by the counties that are members of the district. Provides that, except as expressly granted by statute, a district does not have the power to do the following: (1) Issue permits for a solid waste management activity that is already permitted by a state or federal agency or is not regulated by any state or federal agency. (2) Require the payment of a fee for a solid waste management activity that is already permitted by a state or federal agency or that is not regulated by a state or federal agency. Specifies that this provision does not prohibit a district from imposing a user fee or charge to reimburse the district for the cost of service provided by the district to the payer of the user fee or charge. Requires IDEM to adopt rules to establish a minimum service level for: (1) recycling; and (2) the collection of household hazardous waste, electronic waste, tires, and white goods; that must be provided in each district. Provides that the minimum service levels may be met by a district and a county through any combination of public or private recycling programs. Specifies that the rules must include a process through which a district may apply to IDEM for a waiver of the minimum service levels. Provides that each county is responsible for providing the level of funding sufficient for the county and the district to achieve the minimum service levels.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and place at which a public hearing will be held on these items. The notice shall be published twice in accordance with IC 5-3-1 with the first publication at least ten (10) days before the date fixed for the public hearing. Beginning in 2009, the duties required by this subsection must
be completed before September 10 of the calendar year.
(b) The board of directors of a solid waste management district
established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
conduct the public hearing required under subsection (a):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published
under IC 13-21-5-2.
In formulating the budget of a solid waste management district
under this section for 2013 and thereafter, the board of directors
of the solid waste management district shall consider that the
district may not levy a property tax, except as provided in
IC 13-21-7-1(d).
(c) The trustee of each township in the county shall estimate the
amount necessary to meet the cost of township assistance in the
township for the ensuing calendar year. The township board shall adopt
with the township budget a tax rate sufficient to meet the estimated cost
of township assistance. The taxes collected as a result of the tax rate
adopted under this subsection are credited to the township assistance
fund.
(d) This subsection expires January 1, 2009. A county shall adopt
with the county budget and the department of local government finance
shall certify under section 16 of this chapter a tax rate sufficient to raise
the levy necessary to pay the following:
(1) The cost of child services (as defined in IC 12-19-7-1 of the
county payable from the family and children's fund.
(2) The cost of children's psychiatric residential treatment
services (as defined in IC 12-19-7.5-1 of the county payable from
the children's psychiatric residential treatment services fund.
A budget, tax rate, or tax levy adopted by a county fiscal body or
approved or modified by a county board of tax adjustment that is less
than the levy necessary to pay the costs described in subdivision (1) or
(2) shall not be treated as a final budget, tax rate, or tax levy under
section 11 of this chapter.
(1) is not comprised of a majority of officials who are elected to serve on the governing body; and
(2) either:
(A) is:
(i) a conservancy district subject to IC 14-33-9;
(ii) a solid waste management district subject to IC 13-21; or
(iii) a fire protection district subject to IC 36-8-11-18; or
(B) has a percentage increase in the proposed budget for the taxing unit for the ensuing calendar year that is more than the result of:
(i) the assessed value growth quotient determined under IC 6-1.1-18.5-2 for the ensuing calendar year; minus
(ii) one (1).
For purposes of this section, an individual who qualifies to be appointed to a governing body or serves on a governing body because of the individual's status as an elected official of another taxing unit shall be treated as an official who was not elected to serve on the governing body.
(b) As used in this section, "taxing unit" has the meaning set forth in IC 6-1.1-1-21, except that the term does not include:
(1) a school corporation; or
(2) an entity whose tax levies are subject to review and modification by a city-county legislative body under IC 36-3-6-9.
(c) If:
(1) the assessed valuation of a taxing unit is entirely contained within a city or town; or
(2) the assessed valuation of a taxing unit is not entirely contained within a city or town but the taxing unit was originally established by the city or town;
the governing body shall submit its proposed budget and property tax levy to the city or town fiscal body. The proposed budget and levy shall be submitted at least thirty (30) days before the city or town fiscal body is required to hold budget approval hearings under this chapter. However, in the case of a public library that is subject to this section and is described in subdivision (2), the public library shall submit its proposed budget and property tax levy to the county fiscal body in the manner provided in subsection (d), rather than to the city or town fiscal body, if more than fifty percent (50%) of the parcels of real property within the jurisdiction of the public library are located outside the city or town.
(d) If subsection (c) does not apply, the governing body of the taxing unit shall submit its proposed budget and property tax levy to the county fiscal body in the county where the taxing unit has the most assessed valuation. The proposed budget and levy shall be submitted at least thirty (30) days before the county fiscal body is required to hold budget approval hearings under this chapter.
(e) The fiscal body of the city, town, or county (whichever applies) shall review each budget and proposed tax levy and adopt a final budget and tax levy for the taxing unit. The fiscal body may reduce or modify but not increase the proposed budget or tax levy.
(f) If a taxing unit fails to file the information required in subsection (c) or (d), whichever applies, with the appropriate fiscal body by the time prescribed by this section, the most recent annual appropriations and annual tax levy of that taxing unit are continued for the ensuing budget year.
(g) If the appropriate fiscal body fails to complete the requirements of subsection (e) before the adoption deadline in section 5 of this chapter for any taxing unit subject to this section, the most recent annual appropriations and annual tax levy of the city, town, or county, whichever applies, are continued for the ensuing budget year.
(h) In the case of a solid waste management district subject to IC 13-21:
(1) the district shall submit the district's proposed budget for the 2013 budget year and thereafter to:
(A) the executive; and
(B) the fiscal body;
of each county and municipality located within the district;
(2) each county that is a member of the district shall for the 2013 budget year and thereafter determine the amount of funding from all sources that the county will provide to the district for that budget year;
(3) except as provided in IC 13-21-7-1(d), a district may not levy a property tax that is first due and payable after 2012; and
(4) after 2012, a district may not impose a fee or charge:
(A) that is a flat charge for each residence or building in use in the county; or
(B) that is otherwise imposed on a uniform basis on all residents or property owners.
(1) property tax rate or rates; or
(2) special benefits tax rate or rates;
referred to in the statutes listed in subsection (d).
(b) The maximum rate for taxes first due and payable after 2003 is the maximum rate that would have been determined under subsection
(e) for taxes first due and payable in 2003 if subsection (e) had applied
for taxes first due and payable in 2003.
(c) The maximum rate must be adjusted each year to account for the
change in assessed value of real property that results from:
(1) an annual adjustment of the assessed value of real property
under IC 6-1.1-4-4.5; or
(2) a general reassessment of real property under IC 6-1.1-4-4.
(d) The statutes to which subsection (a) refers are:
(1) IC 8-10-5-17;
(2) IC 8-22-3-11;
(3) IC 8-22-3-25;
(4) IC 12-29-1-1;
(5) IC 12-29-1-2;
(6) IC 12-29-1-3;
(7) IC 12-29-3-6;
(8) IC 13-21-3-12;
(9) IC 13-21-3-15;
(10) (8) IC 14-27-6-30;
(11) (9) IC 14-33-7-3;
(12) (10) IC 14-33-21-5;
(13) (11) IC 15-14-7-4;
(14) (12) IC 15-14-9-1;
(15) (13) IC 15-14-9-2;
(16) (14) IC 16-20-2-18;
(17) (15) IC 16-20-4-27;
(18) (16) IC 16-20-7-2;
(19) (17) IC 16-22-14;
(20) (18) IC 16-23-1-29;
(21) (19) IC 16-23-3-6;
(22) (20) IC 16-23-4-2;
(23) (21) IC 16-23-5-6;
(24) (22) IC 16-23-7-2;
(25) (23) IC 16-23-8-2;
(26) (24) IC 16-23-9-2;
(27) (25) IC 16-41-15-5;
(28) (26) IC 16-41-33-4;
(29) IC 20-46-2-3 (before its repeal on January 1, 2009);
(30) (27) IC 20-46-6-5;
(31) (28) IC 20-49-2-10;
(32) (29) IC 36-1-19-1;
(33) (30) IC 23-14-66-2;
(34) (31) IC 23-14-67-3;
(A) establishes a maximum rate for any part of the:
(i) property taxes; or
(ii) special benefits taxes;
imposed by a political subdivision; and
(B) does not exempt the maximum rate from the adjustment under this section.
(e) The new maximum rate under a statute listed in subsection (d) is the tax rate determined under STEP SEVEN of the following STEPS:
STEP ONE: Determine the maximum rate for the political subdivision levying a property tax or special benefits tax under the statute for the year preceding the year in which the annual adjustment or general reassessment takes effect.
STEP TWO: Except as provided in subsection (g), determine the actual percentage change (rounded to the nearest one-hundredth percent (0.01%)) in the assessed value (before the adjustment, if any, under IC 6-1.1-4-4.5) of the taxable property from the year preceding the year the annual adjustment or general reassessment takes effect to the year that the annual adjustment or general reassessment takes effect.
STEP THREE: Determine the three (3) calendar years that immediately precede the ensuing calendar year and in which a statewide general reassessment of real property does not first take
effect.
STEP FOUR: Except as provided in subsection (g), compute
separately, for each of the calendar years determined in STEP
THREE, the actual percentage change (rounded to the nearest
one-hundredth percent (0.01%)) in the assessed value (before the
adjustment, if any, under IC 6-1.1-4-4.5) of the taxable property
from the preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE percentage.
STEP SEVEN: Determine the quotient of the STEP ONE tax rate
divided by the sum of one (1) plus the STEP SIX percentage
increase.
(f) The department of local government finance shall compute the
maximum rate allowed under subsection (e) and provide the rate to
each political subdivision with authority to levy a tax under a statute
listed in subsection (d).
(g) This subsection applies to STEP TWO and STEP FOUR of
subsection (e) for taxes first due and payable after 2011. If the assessed
value change used in the STEPS was not an increase, the STEPS are
applied using instead:
(1) the actual percentage decrease (rounded to the nearest
one-hundredth percent (0.01%)) in the assessed value (before the
adjustment, if any, under IC 6-1.1-4-4.5) of the taxable property;
or
(2) zero (0) if the assessed value did not increase or decrease.
(1) the part of the district's maximum permissible ad valorem property tax levy for 2012 that was imposed in the county; multiplied by
(2) the assessed value growth quotient under IC 6-1.1-18.5-2 for 2013.
(b) Each maximum permissible ad valorem property tax levy,
after the adjustments made under subsection (a), becomes the
maximum permissible ad valorem property tax levy for the county
for purposes of determining the county's maximum permissible ad
valorem property tax levy after 2013. Property tax revenue raised
by the county as a result of the increase in its maximum levy under
this section must be transferred to the solid waste management
district for that county for the district's use.
(1) the reuse and recycling of mercury in:
(A) mercury commodities; and
(B) mercury-added products; and
(2) collection programs available to the public for:
(A) mercury commodities; and
(B) mercury-added products.
(b) The department of environmental management, with assistance from the department of education, shall develop and provide districts with a curriculum model that includes educational core principles. Districts shall implement educational programs that meet the minimum standards established by the department of environmental management in the curriculum model.
(1) the reuse and recycling of mercury in:
(A) mercury commodities; and
(B) mercury-added products; and
(2) collection programs available to the public for:
(A) mercury commodities; and
(B) mercury-added products.
(1) reuse and recycling of electronic waste;
(2) collection programs available to the public for the disposal of electronic waste; and
(3) proper disposal of electronic waste.
(b) The department of environmental management, with assistance from the department of education, shall provide solid waste management districts with a curriculum model that includes educational core principles. Solid waste management districts shall implement educational programs that meet the minimum standards established by the department of environmental management in a curriculum model.
(1) assessing the continued need for solid waste management districts; and
(2) determining whether any changes should be made to the statutes governing solid waste management districts.
(b) The interim study committee or statutory study committee to which the study topics described in subsection (a) are assigned shall issue a final report, in an electronic format under IC 5-14-6, to the legislative council containing the committee's findings and recommendations, including any recommended legislation concerning the topics, not later than November 1 of the year in which the topics are assigned.
(1) Be the official custodian of all district money and, subject to the terms of any resolution or trust indenture under which bonds are issued under this article, deposit and invest all district money in the same manner as other county money is deposited and invested under IC 5-13.
(2) Be responsible to the board for the fiscal management of the district.
(3) Be responsible for the proper safeguarding and accounting of the district's money.
(4) Subject to subsection (c), issue warrants approved by the board after a properly itemized and verified claim has been presented to the board on a claim docket.
(5) Make financial reports of district money and present the reports to the board for the board's approval.
(6) Prepare the district's proposed annual budget that will be
submitted to each county that is a member of the district.
(7) Perform any other duties:
(A) prescribed by the board; and
(B) consistent with this chapter.
(b) A controller selected under section 9 of this chapter:
(1) does not exercise any sovereign authority of the state; and
(2) does not hold a lucrative office for purposes of Article 2,
Section 9 of the Constitution of the State of Indiana.
(c) The board may, by resolution, authorize the controller to make
claim payments for:
(1) payroll;
(2) the state solid waste management fee imposed by
IC 13-20-22-1; and
(3) certain specific vendors identified in the resolution;
without the claims being first approved by the board if before payment
the claims are approved in writing by the chairperson of the board or
in the absence of the chairperson another member of the board
designated by the chairperson. The claims shall be reviewed and
allowed by the board at the board's next regular or special meeting.
(1) Representatives of the solid waste management industry operating in the district.
(2) Representatives of the environmental community and other citizens who are:
(A) knowledgeable about and interested in environmental issues; and
(B) not employed directly or indirectly by the solid waste management industry.
(b) At least fifty percent (50%) of the members of an advisory committee must be made up of the representatives of the environmental community and other citizens. All members of the committee must be residents of the district.
(c) In the resolution establishing an advisory committee, the board shall specify the terms of the members and the purposes of the committee. Each advisory committee shall do the following:
(1) Study the subjects and problems specified by the board and recommend to the board additional problems in need of study and discussion.
(2) If invited by the board to do so, participate, without the right to vote, in the deliberations of the board.
(d) An advisory committee shall report only to the board. Reports of the committee must:
(1) accompany a final district plan when the plan is submitted to the commissioner under IC 13-21-5; and
(2) be made available to members of the public.
(e) An advisory committee may choose to study and report on matters that are not specified by the board if the committee determines a study is warranted.
(f) An advisory committee and board shall conduct at least two (2) joint meetings each year to discuss current and future issues. The advisory committee shall submit into the record at the next meeting of the board advice on the topics discussed at the joint meeting.
(g) An advisory committee shall do the following:
(1) Meet after the first publication of the district's proposed annual budget that will be submitted to each county that is a member of the district.
(2) Submit written comments concerning the proposed budget at a public hearing that is held to review the proposed budget.
(1) The power to develop and implement a district solid waste management plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal of solid waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(4) The power to sue and be sued.
(5) The power to plan, design, construct, finance, manage, own, lease, operate, and maintain facilities for solid waste management.
(6) The power to enter with any person into a contract or an agreement that is necessary or incidental to the management of solid waste. Contracts or agreements that may be entered into under this subdivision include those for the following:
(A) The design, construction, operation, financing, ownership, or maintenance of facilities by the district or any other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products generated by a facility.
Notwithstanding any other statute, the maximum term of a contract or an agreement described in this subdivision may not exceed forty (40) years.
(7) The power to enter into agreements for the leasing of facilities in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real or personal property for the management or disposal of solid waste.
(9) The power to sell or lease any facility or part of a facility to any person.
(10) The power to make and contract for plans, surveys, studies, and investigations necessary for the management or disposal of solid waste.
(11) The power to enter upon property to make surveys, soundings, borings, and examinations.
(12) The power to:
(A) accept gifts, grants, loans of money, other property, or services from any source, public or private; and
(B) comply with the terms of the gift, grant, or loan.
(13) For property taxes first due and payable before 2013, the power to levy a tax within the district to pay costs of operation in connection with solid waste management, subject to the following:
(A) Regular budget and tax levy procedures.
(B) Section 16 of this chapter (before its repeal).
However,
(14) The power to borrow in anticipation of
(15) The power to hire the personnel necessary for the management or disposal of solid waste in accordance with an approved budget and to contract for professional services.
(16) The power to otherwise do all things necessary for the:
(A) reduction, management, and disposal of solid waste; and
(B) recovery of waste products from the solid waste stream;
if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(17) The power to adopt resolutions that have the force of law. The power to adopt a resolution under this subdivision does
not authorize a district to require a permit prohibited by
section 14(b)(5) of this chapter or to impose a fee prohibited
by section 14(b)(5) of this chapter. However, a resolution is not
effective in a municipality unless the municipality adopts the
language of the resolution by ordinance or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and conditionally
exempt small quantity generator (as described in 40 CFR
261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and
disposal project grant under IC 13-20-20 and carry out all
commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for a
household hazardous waste and conditionally exempt small
quantity generator (as described in 40 CFR 261.5(a))
collection and disposal project, so that at the end of the
district's fiscal year the unused and unencumbered balance of
appropriated money reverts to the district's general fund only
if the district's board specifically provides by resolution to
discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as
described in IC 13-20-22-2 and carry out all commitments
contained in a grant application.
(19) The power to enter into an interlocal cooperation agreement
under IC 36-1-7 to obtain:
(A) fiscal;
(B) administrative;
(C) managerial; or
(D) operational;
services from a county or municipality.
(20) The power to compensate advisory committee members for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a final
disposal facility is located; or
(B) a county that:
(i) was part of a joint district;
(ii) has withdrawn from the joint district as of January 1,
2008; and
(iii) has established its own district in which a final disposal facility is located.
(23) The power to make grants or loans of:
(A) money;
(B) property; or
(C) services;
to public or private recycling programs, composting programs, or any other programs that reuse any component of the waste stream as a material component of another product, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital fund. A district's board may appropriate money in the fund for:
(A) equipping;
(B) expanding;
(C) modifying; or
(D) remodeling;
an existing facility. Expenditures from a capital fund established under this subdivision must further the goals and objectives contained in a district's solid waste management plan. Not more than five percent (5%) of the district's total annual budget for the year may be transferred to the capital fund that year. The balance in the capital fund may not exceed twenty-five percent (25%) of the district's total annual budget. If a district's board determines by resolution that a part of a capital fund will not be needed to further the goals and objectives contained in the district's solid waste management plan, that part of the capital fund may be transferred to the district's general fund, to be used to offset tipping fees, property tax revenues that are imposed to pay bonds described in IC 13-21-7-9(b), or both tipping fees and property tax revenues that are imposed to pay bonds described in IC 13-21-7-9(b).
(25) The power to conduct promotional or educational programs that include giving awards and incentives that further:
(A) the district's solid waste management plan; and
(B) the objectives of minimum educational standards established by the department of environmental management.
(26) The power to conduct educational programs under IC 13-20-17.5 to provide information to the public concerning:
(A) the reuse and recycling of mercury in:
(i) mercury commodities; and
(ii) mercury-added products; and
(B) collection programs available to the public for:
(i) mercury commodities; and
(ii) mercury-added products.
(27) The power to implement mercury collection programs under IC 13-20-17.5 for the public and small businesses.
(28) The power to conduct educational programs under IC 13-20.5 to provide information to the public concerning:
(A) reuse and recycling of electronic waste;
(B) collection programs available to the public for the disposal of electronic waste; and
(C) proper disposal of electronic waste.
(b) Except as provided in IC 13-21-7-1(d), a district may not levy a property tax that is first due and payable after 2012 or impose a fee or charge that is first due and payable after 2012 and that:
(1) is a flat charge for each residence or building in use in the county; or
(2) is otherwise imposed on a uniform basis on all residents or property owners.
(1) Enter into agreements concerning and acquire by any lawful means real property or interests in real and personal property needed for the purposes of this section or IC 13-21-9.
(2) Enter into financing agreements to purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve facilities.
(3) Lease facilities to users or developers with or without an option to purchase.
(4) Sell facilities to users or developers for consideration, which may be paid in installments or otherwise.
(5) Make direct loans to users or developers for the cost of acquisition, construction, or installation of facilities, including real property, machinery, or equipment. If loans are made, the development bonds must be secured by the pledge of one (1) or more bonds or other secured or unsecured debt obligations of the users or developers.
(6) Enter into agreements with users or developers to allow the users or developers to wholly or partially acquire, construct, or modify facilities to be acquired by the district.
(7) Before July 1, 2012, issue waste management development bonds under IC 13-21-9 to do the following:
(A) Accomplish the purposes of this section and IC 13-21-9.
(B) Secure payment of the development bonds as provided in IC 13-21-9 .
(b) This section or IC 13-21-9 does not authorize the district's financing of facilities for a developer unless any agreement that exists between a developer and a user is fully disclosed to and approved by the board.
(1) For each fund that contains district money:
(A) the cash balance at the end of the year;
(B) a list of all encumbrances on the fund that the district is legally obligated to pay;
(C) a copy of documentation that supports each encumbrance listed in clause (B);
(D) the fund balance obtained by subtracting the amount under clause (B) from the amount under clause (A);
(E) the total expenditures from the fund for the year; and
(F) any other financial information required by the department.
(2) The total of all fund balances calculated under subdivision (1)(D).
(3) The total of all fund expenditures reported under subdivision (1)(E).
(4) Any programmatic information required by the department.
(5) The total amount of expenditures by the district for the year.
(6) The per capita expenditures by the district for the year.
(7) The amount of expenditures by the district for the year for
personnel costs.
(8) The amount of expenditures by the district for the year for
program costs (excluding personnel costs).
(9) The total amount of solid waste (in tons) disposed of in the
district for the year.
(10) The total amount of expenditures by the district for the
year, divided by the total amount of solid waste (in tons)
disposed of in the district for the year.
(11) The total amount of recycling (in tons) carried out in the
district in the year.
(12) The total amount of expenditures by the district for the
year, divided by the total amount of recycling (in tons) carried
out in the district in the year.
(c) (b) The district shall provide the report developed prepared
under subsection (b) (a):
(1) to the department and to the department of local government
finance in a format prescribed by the department; and the
environmental quality service
(2) to the legislative council in an electronic format under
IC 5-14-6;
by February 1 of the year following the year for which the report is
made.
(c) The district shall publish the report prepared under
subsection (a) on an Internet web site maintained by the district or
on the Internet web sites maintained by the counties that are
members of the district.
(b) Except as provided in subsection (d) and section 14.5 of this chapter, the powers of a district do not include the following:
(1) The power of eminent domain.
(2) Except as provided in subsection (c), the power to exclusively control the collection or disposal of any solid waste or recyclables within the district by means that include the following:
(A) Franchising.
(B) Establishing a territory or territories within the district in which a person may provide service.
(3) The power to establish the type of service that a person must provide for the collection or disposal of solid waste or recyclables within the district.
(4) The power to establish fees that a person must charge for the collection or disposal of solid waste or recyclables within the district.
(5) Except as expressly granted by statute, the power to:
(A) issue permits for
(i) is already permitted by a state or federal agency;
(ii) is not regulated by any state or federal agency; or
(B) require the payment of a fee for a solid waste management activity that:
(i) is already permitted by a state or federal agency; or
(ii) is not regulated by a state or federal agency.
This subdivision does not prohibit a district from imposing a user fee or charge to reimburse the district for the cost of service provided by the district to the payer of the user fee or charge.
(6) The power to impose a fee or charge that is first due and payable after 2012 and that:
(A) is a flat charge for each residence or building in use in the county; or
(B) is otherwise imposed on a uniform basis on all residents or property owners.
(c) If one (1) or more of the governmental entities in a district, at the time of the formation of the district, is a party to a contract providing that the persons contracted with have the exclusive right to collect or dispose of solid waste within the jurisdiction of the governmental entity, the district may enter into an extension of that contract.
(d) Subsection
(1) The continuation of waste management services that a solid waste district provides with its facilities or work force before March 15, 1996.
(2) Waste management services provided to the district under an agreement entered into by the district before March 15, 1996, with another person until the agreement terminates by its terms or is terminated for cause.
(3) The development, operation, and contracting for the development or operation of a publicly owned solid waste landfill in a county having a population of more than one hundred
(4) A contract entered into between the board and a third party before May 1, 1997, for the development or operation of a solid waste landfill in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). The third party is limited to those parties that submitted proposals to the board under a formal request for proposals that were selected by the board, before December 1, 1995, as finalists in the contract negotiations.
(5) A contract between a board and a third party to operate a facility that is owned by the district and for which construction was substantially complete before March 1, 1996.
(6) Activities conducted as part of household hazardous waste (as defined in IC 13-11-2-104) collection and disposal projects.
(7) A contract executed before April 1, 1998.
(b) Except as provided in subsection (c), a district may not:
(1) undertake to provide waste management services by means of its own work force; or
(2) contract with any person to provide waste management services.
(c) A district may perform the activities described in subsection (b):
(1) if:
(A) the board is able to adopt a resolution under subsection (d); and
(B) a private sector entity is not willing or able to provide waste management services at a reasonable cost to the district; or
(2) if the district is requested to do so by a unit of government that performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district must either provide waste management services by means of its own work force or contract with a person to provide waste management services, only if the board finds that:
(1) the waste management service is not currently available in the district at a reasonable cost; and
(2) providing the waste management service by means of its own work force or by contract will benefit the public health, welfare,
and safety of residents of the district.
The board's determination must be supported with findings of fact.
(e) A district shall provide notice by publication under IC 5-3-1 and
at the time of publication serve by first class mail to any person that
delivers to the district an annual written request for notices before
January 1 of any meeting to consider adoption of a resolution making
a preliminary determination that it is necessary for the district to
undertake to provide waste management services by means of its own
work force or contract with any person to provide waste management
services.
(f) Whenever a district evaluates the reasonableness of cost under
this section, it shall:
(1) compare the cost of the same level of service provided in the
district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services
with its own facilities or work force, the district must disclose the
entire cost of providing the service by the district, including the
following:
(A) Subsidies arising from taxes, fees, grants, or
intergovernmental transfers.
(B) In-kind contributions of real estate, interests in real estate,
equipment, personnel, or other assets.
(C) Discounts.
(D) Tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a
district to perform more than one (1) solid waste recycling, collection,
or disposal event in the manner described in subsection (b) if:
(1) the duration of each event authorized by the resolution is not
more than one (1) day; and
(2) all events authorized by the resolution will take place in one
(1) calendar year.
landfill being established by the district.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5 applies to an appeal under this section. Any additional
levy granted under this section may not exceed seven and thirty-three
hundredths cents ($0.0733) on each one hundred dollars ($100) of
assessed valuation of property in the district.
(c) The department of local government finance shall establish the
tax rate if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires not later
than December 31, 1997.
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.
(d) 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, the board may not:
(1) impose; or
(2) include within the budget of the board;
a property tax for the 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) 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.
(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.
The district's budget is subject to the amount of funding provided by the counties that are located within the district.
(b) Each county that is located within the district shall, for the 2013 budget year and thereafter, determine the amount of funding from all sources that the county will provide to the district for that budget year.
(1) recycling; and
(2) the collection of household hazardous waste, electronic waste, tires, and white goods;
that must be provided in each district. In setting the minimum service levels, the department shall consider the population of a district, the population density of a district, the availability of public and private programs to achieve the minimum service levels, and other factors considered appropriate by the district. The minimum service levels may be met by a district through any combination of public or private programs.
(b) The rules adopted by the department must include a process through which:
(1) a district may apply to the department for a waiver of the minimum service levels; and
(2) the department may grant such a waiver.
(c) A district is responsible for ensuring that the minimum service levels under this section are satisfied through any combination of public or private programs. Each county is responsible for providing the county's proportionate share of the level of funding sufficient for the district to achieve the minimum service levels.
(b) The special taxing district is coterminous with the territory of the district.
(c) Except as provided in subsection (d), a solid waste
management district may not levy a property tax that is first due
and payable after 2012.
(d) A solid waste district may levy a property tax that is first
due and payable after 2012 for the purpose of paying bonds
described in IC 13-21-7-9(b).
(1) accept public bids for the facility; or
(2) adopt a resolution approving a request for proposals under IC 13-21-6.
(b) Except as provided in subsection (c), a board may not issue bonds under this chapter after June 30, 2012.
(c) Bonds issued under this chapter may be refunded as provided in IC 13-21-10-1 if the maturity date of the refunding bonds is not later than the maturity of the bonds issued under this chapter.
district and any other revenues made available for that purpose under
this article. The waste management district bonds must recite these
terms on the face of the bonds together with the purpose for which the
bonds are issued.
(1) The principal of the waste management district bonds as the bonds severally mature.
(2) All accruing interest on the bonds.
(b) A tax may be levied under this section only to pay:
(1) waste management district bonds issued before February 1, 2012, under this chapter or IC 13-9.5-9-3 (before its repeal); or
(2) subject to section 2(c) of this chapter, bonds issued as provided in IC 13-21-10-1 to refund bonds described in subdivision (1).
(1) The controller of the district.
(2) The county auditor of each county within the district.
(b) The:
(1) county auditor shall estimate and enter the tax levied and certified upon the tax duplicate; and
(2) county treasurer shall collect and enforce the tax;
in the same manner as county taxes are estimated, entered, collected, and enforced.
(c) As the county treasurer collects the tax, the tax shall be:
(1) transferred to the controller of the district;
(2) kept in a separate fund to be known as the waste management district bond fund; and
(3) applied to the payment of the principal of and interest on the waste management district bonds as the bonds become due and to no other purpose, except as provided in IC 5-1-13 and IC 5-1-14.
(1) the amount of net revenues, if any, to be derived from the collection of fees under this article; or
(2) any other net revenues collected under the following:
(A) IC 13-21-3-13.
(B) This chapter.
(C) IC 13-21-8 through IC 13-21-12.
(D) IC 13-21-14.
(b) Instead of making the levy or to reduce the amount of the levy, the board shall annually set aside by resolution the amount of the net revenues to be collected before maturity of the principal and interest of the waste management district bonds payable in the following year.
(c) If the board adopts this resolution under subsection (b), the board may not use any part of the amount set aside out of the net revenues for any purpose other than the payment of waste management district bonds and the interest on the bonds. A proportionate payment of this amount shall be made monthly to the fund.
(b) After June 30, 2012, the authority of a board to finance the cost of facilities by borrowing money and issuing revenue bonds under this chapter is transferred to each county that is a member of the district.
(1) revenues and receipts derived from a financing agreement; or
(2) payments made under a guaranty agreement by a developer, user, or any other person.
(b) The waste management development bonds are not in any respect a general obligation of the district.
(c) After June 30, 2012, the authority of a board to issue waste management development bonds under this chapter is transferred to each county that is a member of the district.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 0.5. A district may not impose a
fee under this chapter that is first due and payable after 2012 and
that:
(1) is a flat charge for each residence or building in use in the
county; or
(2) is otherwise imposed on a uniform basis on all residents or
property owners.
Chapter 16. County Solid Waste Management Fees
Sec. 1. (a) A county fiscal body may establish solid waste management fees that apply to all persons owning real property or generating solid waste within the county 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 county fiscal body may change and readjust fees as necessary.
Sec. 2. A fee imposed by a county fiscal body under this chapter may be imposed only as:
(1) a flat charge for each residence or building in use in the county; or
(2) otherwise imposed on a uniform basis on all residents or property owners.
Sec. 3. The collection of the fees authorized by this chapter may be effectuated through a periodic billing system.
Sec. 4. (a) Fees shall be established only by the adoption of an ordinance by the county fiscal body after public notice and a public
hearing before the county fiscal body 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 fees.
(b) After the introduction of an ordinance fixing fees and before
the ordinance 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 ordinance 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 county executive; 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) A change or readjustment of fees may be made in the same
manner as the fees were originally established.
Sec. 5. An action to contest:
(1) the validity of the fees adopted; or
(2) the procedure by which the fees were adopted;
must be brought within thirty (30) days following the adoption of
the fees under section 4 of this chapter.
Sec. 6. Fees imposed under this chapter may be used only,
together with any other revenues, to pay any of the following:
(1) The cost of facilities for solid waste management.
(2) The operation and maintenance of facilities, including
making grants to a solid waste management district serving
the county.
(3) The charges that may be pledged to the payment of
principal of and interest on waste management facility or
revenue bonds.
Sec. 7. (a) If a fee established is not paid within the time fixed by
the county, the amount, together with:
(1) a penalty of twenty-five dollars ($25); and
(2) reasonable attorney's fees;
may be recovered in a civil action in the name of the county.
(b) If a fee that is imposed on a lot, parcel of land, or building is
not paid within the time fixed by the county, the amount of the fee,
together with a penalty of twenty-five dollars ($25) and reasonable
attorney's fees, is a lien on the lot, parcel of land, or building. The
liens:
(1) attach;
(2) are recorded; and
(3) shall be collected and enforced;
in substantially the same manner as provided in IC 36-9-23-31
through IC 36-9-23-32.
Sec. 8. A county may not exercise its authority under this
chapter to impose a fee on the:
(1) owner of real or personal property that is used solely as a
transfer station; or
(2) operation of a transfer station.
Sec. 9. The county shall transfer all revenue received from fees
or otherwise relating to solid waste management and recycling to
the solid waste management district for that county for the
district's use.
