Introduced Version






HOUSE BILL No. 1058

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-11-2-140.5 ; IC 13-21.

Synopsis: Newspaper recycling fees. Permits the board of directors of a solid waste management district that imposes mandatory recycling and in which at least 50% of recyclable materials collections by a private contractor consists of newspaper to impose fees on the publisher of a newspaper in the district that has a paid daily circulation. Establishes the maximum amount of the fees based on the difference between the monthly value of recyclable materials collections and the monthly amount paid by the district to the recycling contractor. Requires a district that imposes this fee to establish schedules and procedures for collection of the fee, and permits the district to impose a penalty for noncompliance.

Effective: January 1, 2002.





Mangus




    January 8, 2001, read first time and referred to Committee on Environmental Affairs.







Introduced

First Regular Session 112th General Assembly (2001)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1058



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-11-2-140.5; (01)IN1058.1.1. -->     SECTION 1. IC 13-11-2-140.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 140.5. "Newspaper", for purposes of IC 13-21-14.5 , means a newspaper that:
        (1) is published in a solid waste management district; and
        (2) has a paid daily circulation.

SOURCE: IC 13-21-3-12; (01)IN1058.1.2. -->     SECTION 2. IC 13-21-3-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 12. Except as provided in section 14.5 of this chapter, the powers of a district include the following:
        (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) 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.
        However, except as provided in section 15 of this chapter, a property tax rate imposed under this article may not exceed eight and thirty-three hundredths cents ($0.0833) on each one hundred dollars ($100) of assessed valuation of property in the district.
        (14) The power to borrow in anticipation of taxes.
        (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. However, except as provided in IC 13-21-14.5-3 (b), 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) In a joint district, the power to pay a fee from district money

to the counties in the 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, or both tipping fees and property tax revenues.
        (25) The power to conduct promotional or educational programs that include giving awards and incentives that further the district's solid waste management plan.

SOURCE: IC 13-21-14.5; (01)IN1058.1.3. -->     SECTION 3. IC 13-21-14.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2002]:
     Chapter 14.5. District Fees on Newspapers
     Sec. 1. This chapter applies to a district:
        (1) that imposes mandatory recycling;
        (2) that contracts with a private entity for collection of recyclable materials in the district; and
        (3) in which at least fifty percent (50%) by weight of the

average monthly collections of recyclable materials after June 30, 2001, consists of newspapers.
    Sec. 2. For purposes of this chapter, the "value of recyclable materials" means the sale price received in exchange for the recyclable materials collected in the district by the private entity with which the district contracts for the collection of recyclable materials.

    Sec. 3. (a) A board may, by adoption of a resolution, impose fees on the publisher of a newspaper (as defined in IC 13-11-2-140.5 ) for each month in which the aggregate value of all recyclable materials collected in the month by a private entity under a contract with the district exceeds the amount paid for the month by the district to the private entity for collection of the recyclable materials.
    (b) A resolution adopted by a board under subsection (a) is effective in a municipality located in the district irrespective of whether the municipality adopts the language of the resolution by ordinance or resolution.
    Sec. 4. (a) Except as provided in subsection (b), the maximum fee that a board may impose on the publisher of a newspaper for a month under this chapter equals the amount by which the aggregate value of all recyclable materials collected in the month by the private entity with which the district contracts for the collection of recyclable materials exceeds the amount paid for the month by the district to the private entity for collection of the recyclable materials.
    (b) If more than one (1) newspaper is located in the district, the maximum fee that a board may impose on the publisher of a newspaper equals the maximum fee determined under subsection (a) divided by the number of newspapers in the district.
    Sec. 5. A district that imposes fees under this chapter shall establish schedules and procedures for:
        (1) the reporting by the private entity referred to in section 4 of this chapter to the district of:
            (A) the monthly value of recyclable materials sold by the entity; and
            (B) the monthly percentage by weight of recyclable materials collected by the entity in the district that consists of newspapers; and
        (2) the payment by the publisher of the newspaper to the district of the fees imposed under this chapter.
    Sec. 6. A resolution adopted by a board that establishes fees

under this chapter may contain a provision that authorizes the board to impose a penalty of not more than one hundred dollars ($100) per day because of:
        (1) nonpayment of fees; or
        (2) noncompliance with a condition in the resolution.
    Sec. 7. All:
        (1) fees remitted
to the district under section 3 of this chapter; and
        (2) penalties remitted to the district under section 6 of this chapter;
shall be deposited in the district solid waste management fund established under IC 13-21-13-2.