GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 1051*
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Short Title: Solid Waste Amendments. |
(Public) |
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Sponsors: |
Representatives Dixon and McGrady (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Environment |
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May 10, 2016
A BILL TO BE ENTITLED
AN ACT to (1) make technical, clarifying, and conforming changes to provisions enacted in 2015 to establish life‑of‑site permits for sanitary landfills and transfer stations and (2) provide that franchise agreements previously executed by local governments for sanitary landfills may be modified by agreement of all parties to last for a landfill's life‑of‑site, except that no franchise agreement, modified or newly executed, shall exceed a duration of sixty years, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 4.9(a) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(a) Section 14.20(a) of S.L. 2015‑241
reads as rewritten:is rewritten to read:
...."
SECTION 1.(b) Section 4.9(b) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(b) Section 14.20(a)14.20(c)
of S.L. 2015‑241 reads as rewritten:is rewritten to read:
...."
SECTION 1.(c) Section 4.9(c) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(c) Section 14.20(d) of S.L. 2015‑241
reads as rewritten:is rewritten to read:
...."
SECTION 1.(d) Section 4.9(d) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(d) Section 14.20(f) of S.L. 2015‑241
reads as rewritten:is rewritten to read:
…."
SECTION 1.(f) Section 14.20(e) of S.L. 2015‑241 reads as rewritten:
"SECTION 14.20.(e) After July 1, 2016, the
annual fee due pursuant to G.S. 130A‑295.8A(d1),G.S. 130A‑295.8(d1),
as enacted by Section 14.20(c) of this act, for existing sanitary landfills and
transfer stations with a valid permit issued before the date this act becomes
effective is equal to the applicable annual fee for the facility as set forth
in G.S. 130A‑295.8A(d1), as enacted by Section 14.20(c) of this act,
less a permittee fee credit. A permittee fee credit exists when the life‑of‑site
permit fee amount is greater than the time‑limited permit fee amount. The
amount of the permittee fee credit shall be calculated by (i) subtracting the
time‑limited permit fee amount from the life‑of‑site permit
fee amount due for the same period of time and (ii) multiplying the difference
by a fraction, the numerator of which is the number of years remaining in the
facility's time‑limited permit and the denominator of which is the total
number of years covered by the facility's time‑limited permit. The amount
of the permittee fee credit shall be allocated in equal annual installments
over the number of years that constitute the facility's remaining life‑of‑site,
as determined by the Department, unless the Department accelerates, in its sole
discretion, the use of the credit over a shorter period of time. For purposes
of this subsection, the following definitions apply:
(1) Life‑of‑site permit fee amount. – The amount equal to the sum of all annual fees that would be due under the fee structure set forth in G.S. 130A‑295.8A(d1), as enacted by Section 14.20(c) of this act, during the cycle of the facility's permit in effect on July 1, 2016.
(2) Time‑limited permit fee amount. – The amount equal to the sum of the application fee or renewal fee, whichever is applicable, and all annual fees paid or to be paid pursuant to subsections (c) and (d) of G.S. 130A‑295.8A, as repealed by Section 14.20(c) of this act, during the cycle of the facility's permit in effect on July 1, 2016.
The Department shall adopt rules to implement this subsection."
SECTION 2.(a) Section 14.20(f) of S.L. 2015‑241, as amended by Section 4.9(d) of S.L. 2015‑286, reads as rewritten:
"SECTION 14.20.(f) This section becomes
effective October 1, 2015. G.S. 130A‑294(b1)(2), as amended by
subsection (a) of this section, applies to franchise agreements agreements
(i) executed on or after October 1, 2015. October 1, 2015, and (ii)
executed on or before October 1, 2015, only if all parties to the agreement
consent to modify the agreement for the purpose of extending the agreement's
duration to the life‑of‑site of the landfill for which the
agreement was executed. The remainder of G.S. 130A‑294, as
amended by subsection (a) of this section, and G.S. 130A‑295.8, as
amended by subsection (c) of this section, apply to (i) existing sanitary
landfills and transfer stations, with a valid permit issued before the date
this act becomes effective, on July 1, 2016, at which point a permittee may
choose to apply for a life‑of‑site permit pursuant to
G.S. 130A‑294(a2), as amended by Section 14.20(b) of this act, or
may choose to apply for a life‑of‑site permit for the facility when
the facility's permit is next subject to renewal after July 1, 2016, (ii) new
sanitary landfills and transfer stations, for applications submitted on or
after July 1, 2016, and (iii) applications for sanitary landfills or transfer
stations submitted before July 1, 2015, and pending on the date this act
becomes law shall be evaluated by the Department based on the applicable laws
that were in effect on July 1, 2015, and the Department shall not delay in
processing such permit applications in consideration of changes made by this
act, but such landfills and transfer stations shall be eligible for issuance of
life‑of‑site permits pursuant to G.S. 130A‑294(a2), as
amended by Section 14.20(b) of this act, on July 1, 2016, at which point a
permittee may choose to apply for a life‑of‑site permit pursuant to
G.S. 130A‑294(a2), as amended by Section 14.20(b) of this act, or
may choose to apply for a life‑of‑site permit for the facility when
the facility's permit is next subject to renewal after July 1, 2016."
SECTION 2.(b) G.S. 130A‑294(b1)(2) reads as rewritten:
"(2) A person who intends to apply for a new permit
for a sanitary landfill shall obtain, prior to applying for a permit, a
franchise for the operation of the sanitary landfill from each local government
having jurisdiction over any part of the land on which the sanitary landfill
and its appurtenances are located or to be located. A local government may
adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319.
A franchise granted for a sanitary landfill shall shall (i) be
granted for the life‑of‑site of the landfill and shall landfill,
but for a period not to exceed 60 years and (ii) include all of the
following:
a. A statement of the population to be served, including a description of the geographic area.
b. A description of the volume and characteristics of the waste stream.
c. A projection of the useful life of the sanitary landfill.
d. Repealed by Session Laws 2013‑409, s. 8, effective August 23, 2013.
e. The procedures to be followed for governmental oversight and regulation of the fees and rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction of the franchising entity.
f. A facility plan for the sanitary landfill that shall include the boundaries of the proposed facility, proposed development of the facility site, the boundaries of all waste disposal units, final elevations and capacity of all waste disposal units, the amount of waste to be received per day in tons, the total waste disposal capacity of the sanitary landfill in tons, a description of environmental controls, and a description of any other waste management activities to be conducted at the facility. In addition, the facility plan shall show the proposed location of soil borrow areas, leachate facilities, and all other facilities and infrastructure, including ingress and egress to the facility."
SECTION 2.(c) G.S. 160A‑319(a) reads as rewritten:
"§ 160A‑319. Utility franchises.
(a) A city shall have
authority to grant upon reasonable terms franchises for a telephone system and
any of the enterprises listed in G.S. 160A‑311, except a cable
television system. A franchise granted by a city authorizes the operation of
the franchised activity within the city. No franchise shall be granted for a
period of more than 60 years, except including a franchise granted to
a sanitary landfill for the life‑of‑site of the landfill pursuant
to G.S. 130A‑294(b1); provided, however, that a franchise for
solid waste collection or disposal systems and facilities facilities,
other than sanitary landfills, shall not be granted for a period of more than
30 years. Except as otherwise provided by law, when a city operates an
enterprise, or upon granting a franchise, a city may by ordinance make it
unlawful to operate an enterprise without a franchise."
SECTION 2.(d) G.S. 153A‑136 reads as rewritten:
"§ 153A‑136. Regulation of solid wastes.
(a) A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may:
...
(3) Grant a franchise to one
or more persons for the exclusive right to commercially collect or dispose of
solid wastes within all or a defined portion of the county and prohibit any
other person from commercially collecting or disposing of solid wastes in that
area. The board of commissioners may set the terms of any franchise, except
that no franchise may be granted for a period exceeding 30 years, nor may any franchise;
provided, however, no franchise shall be granted for a period of more than 30
years, except for a franchise granted to a sanitary landfill for the life‑of‑site
of the landfill pursuant to G.S. 130A‑294(b1), which may not exceed
60 years. No franchise by its terms may impair the authority of the
board of commissioners to regulate fees as authorized by this section.
...."
SECTION 2.(e) This section applies to franchise agreements (i) executed on or after October 1, 2015, and (ii) executed on or before October 1, 2015, only if all parties to the agreement consent to modify the agreement for the purpose of extending the agreement's duration of the life‑of‑site of the landfill for which the agreement was executed.
SECTION 3. Except as otherwise provided, this act is effective retroactively to July 1, 2015.