07 LC 38
0277ER
Senate
Bill 154
By:
Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of
the 21st, Shafer of the 48th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions applicable only to municipal corporations, so as to
provide that municipal corporations and newly incorporated municipalities enter
into certain agreements with solid waste collection firms providing services for
the territory annexed or incorporated; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
30 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable only to municipal corporations, is amended by adding a new
Code Section to read as follows:
"36-30-14.
(a)
For the purposes of this Code section:
(1)
'Displacement' or 'displace' shall mean any action by a municipality which
prohibits or has the effect of prohibiting a firm from providing all or a
portion of the collections services for solid waste or recovered materials or
both which the firm is providing at the time of final approval of the action
which would result in the displacement of the firm.
(2)
'Economic loss' shall mean a sum equal to 36 times the average gross monthly
revenue for the three months prior to the passage of the resolution or any other
act communicating a governing entity´s intent to displace the firm,
collected or due the firm for residential, commercial, and industrial collection
service in the territory where the displacement is to occur.
(3)
'Firm' shall mean a private solid waste collection firm.
(4)
'Franchise agreement' shall mean the right and privilege to provide solid waste
collection services granted to a firm by a governing entity responsible for
providing solid waste collection in the territory to be annexed or incorporated
or where a displacement is to occur.
(5)
'Local Act' shall mean a local Act passed by the General Assembly granting an
original charter creating a municipal corporation pursuant to Chapter 31 of this
title.
(6)
'Municipal corporation' or 'municipality' shall mean:
(A)
A municipal corporation pursuant to Article 4 of Chapter 36 of this title;
or
(B)
A municipal corporation newly incorporated pursuant to Chapter 31 of this
title.
(7)
'Resolution' shall mean a resolution required pursuant to Article 4 of Chapter
36 of this title as a condition to a municipal corporation annexing any
territory.
(8)
'Referendum' shall mean a referendum required ratifying a resolution pursuant to
Article 4 of Chapter 36 of this title.
(b)
Prior to a firm receiving any benefit pursuant to subsection (d) of this Code
section, the firm must first establish that:
(1)
At least 30 days prior to the date of adoption of a resolution by a municipal
corporation or other act by a governing entity communicating the municipal
corporation´s or governing entity´s intent to displace the firm, it is
providing solid waste collection services pursuant to a franchise agreement or
contract with the entity responsible for providing solid waste collection
services in the displacement area;
(2)
On the date of a referendum, the effective date of the local Act, or effective
date of any other displacement action, the firm is providing solid waste
collection services in the territory where the displacement is to occur;
and
(3)
As a result of annexation, incorporation, or some other displacement action the
firm´s franchise or contract with a county for solid waste collection will
terminate services in the territory where displacement is to occur.
(c)
A municipal corporation or any other government entity displacing a firm shall
provide public notice of its intent to take an action which will displace a firm
by publishing notice of such intent in at least one newspaper of general
circulation in the displacement territory 120 days prior to the first vote on
the resolution by the municipal corporation or the first vote on an action by
another governing entity that would result in the displacement of the firm. Any
notice pursuant to this subsection shall specify the territory or territories in
which the firm is to be displaced.
(d)
Within six months of any notice given pursuant to subsection (c) of this Code
Section, the municipal corporation or other government entity displacing the
firm may proceed with other measures to provide collection services for solid
waste collection or recovered materials, or both, provided, however, that the
municipal corporation either:
(1)
Provides four years´ notice which shall run from the date of final approval
of the resolution or other displacing action; or
(2)
Pays the firm´s economic loss, with one-third to be paid within 30 days of
the termination and the balance to be paid in 12 equal monthly installments
during the succeeding 12 months. Any remaining economic loss payment is
forfeited if the firm terminates service to customers in the annexed territory
or the area where the displacement occurred.
Nothing
in this subsection shall impede the municipal corporation or other government
entity displacing the firm and the firm from negotiating a settlement
satisfactory to both parties."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.