sb154_SB_154_HCSFA

sb154_SB_154_HCSFA_11.html

08 SB 154/HCSFA

HOUSE SUBSTITUTE TO SENATE BILL 154:

A BILL TO BE ENTITLED
AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for nonexclusive franchise agreements with respect to certain open top rolloff dumpsters; to provide that certain exclusive franchise agreements are against public policy; to provide definitions; to require that certain contracts shall be honored by municipalities or other government entities; to provide for definitions; to provide for certain restrictions on certain actions taken by local governments; to place certain requirements on solid waste collection firms; to provide for additional requirements regarding certain excess funds of special districts divided into noncontiguous areas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding new Code sections to read as follows:
"36-60-26.

The governing authority of any county or municipality in this state is authorized to enter into nonexclusive franchise agreements with private persons, firms, associations, or corporations with respect to open top rolloff dumpsters which are 22 feet or less in length placed at construction sites for the collection and disposal of construction debris or inert debris. Such governing authority shall not impose any fee for such nonexclusive franchise agreements. It shall be against the public policy of this state for the governing authority of any county or municipality to enter into an exclusive franchise agreement with private persons, firms, associations, or corporations with respect to such dumpsters to be placed at such sites."

"36-80-22.

(a) As used in this Code section, the term:

(1) 'Agreement' means any written private contract for solid waste collection services between a firm and any commercial client.

(2) 'Commercial client' means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services.

(3) 'Displacement' means the displacing of any firm´s agreement by annexation, deannexation, or incorporation of a municipality.

(4) 'Firm' means a private solid waste collection firm.

(5) 'Governmental action' means the invalidation of any firm´s existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government.

(6) 'Local government' means a county, municipal corporation, or any county-municipal consolidated government.

(b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement.

(c) A firm´s agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm.

(d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client."

SECTION 2.

Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows:

"(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area.

(2) If, on the effective date of this paragraph:

(A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and

(B) All of the area within the special district shall have become incorporated within one or more municipalities,

then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality.

(3) If, on the effective date of this paragraph:

(A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and

(B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities,

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.