SB 283-1_ Filed 01/23/2002, 09:48

COMMITTEE REPORT




MR. PRESIDENT:

    The Senate Committee on Environmental Affairs, to which was referred Senate Bill No. 283, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 9; (02)AM028302.1. -->     Page 1, line 9, delete "The" and insert " Not later than one hundred twenty (120) days after the effective date of the withdrawal or removal, the".
    Page 4, line 6, strike "may" and insert " shall, not more than sixty (60) days after the date the state examiner issues a report under IC 5-11-1-9.7(b) with respect to the withdrawal or removal,".
    Page 4, line 23, after "held" insert ", not later than forty-five (45) days after the date the tentative agreement is reached,".
    Page 4, line 30, after "agreement." insert " Each of the county executives may hold a public meeting required under this section individually or jointly with one (1) or more other county executives, the board of the joint district, or both. The board of the joint district may hold a public meeting required under this section individually or jointly with one (1) or more county executives.".
    Page 7, after line 42, begin a new paragraph and insert:
    " (i) With respect to a joint district that consists of only two (2) counties, if the county other than the county that withdraws from the joint district designates itself as a county district, the board appointed for the new county district under IC 13-21-3-4 shall file a district plan with the commissioner not later than one (1) year after the date the resolution adopted under IC 13-21-4-2 for the

withdrawal from the joint district takes effect. The district plan of the joint district continues to serve as the plan for the new county district to the extent the terms of the plan apply to the new county district until the plan of the new county district is approved under this chapter. If the board fails to file the district plan with the commissioner not later than one (1) year after the effective date of the resolution, the commissioner may adopt a district plan for the new county district.".
    Page 8, between lines 2 and 3, begin a new paragraph and insert:

SOURCE: ; (02)AM028302.10. -->     "SECTION 10. [EFFECTIVE UPON PASSAGE] (a) Except as provided in this SECTION, IC 13-21-4 and IC 13-21-5 , both as in effect before the effective date of this act, apply to all solid waste management district withdrawal, withdrawal and dissolution, or removal proceedings of all counties that comprise a solid waste management district if:
        (1) a county has, by adoption of a resolution by the county executive before the effective date of this act, determined to:
            (A) withdraw from a joint solid waste management district consisting of more than two (2) counties under IC 13-21-4-2 (a); or
            (B) withdraw from and dissolve a joint solid waste management district consisting of only two (2) counties under IC 13-21-4-2 (b); or
        (2) two (2) or more counties that are part of a joint solid waste management district have, by adoption of a resolution by the executives of each county before the effective date of this act, determined to remove a county from the joint district under IC 13-21-4-2 (c).
    (b) A county referred to in subsection (a)(1) may, by adoption of a resolution by the county executive before May 1, 2002, make an election to proceed with the withdrawal or the withdrawal and dissolution under IC 13-21-4 and IC 13-21-5 , both as amended by this act. After a county makes an election under this subsection to proceed under IC 13-21-4 and IC 13-21-5 , both as amended by this act, all counties that comprise the solid waste management district shall proceed with the withdrawal or the withdrawal and dissolution under IC 13-21-4 and IC 13-21-5 , both as amended by this act.
    (c) Two (2) or more counties referred to in subsection (a)(2) may, by adoption of a resolution by the executives of each county before May 1, 2002, make an election to proceed with the removal under IC 13-21-4 and IC 13-21-5 , both as amended by this act. After a county makes an election under this subsection to proceed

under IC 13-21-4 and IC 13-21-5 , both as amended by this act, all counties that comprise the solid waste management district shall proceed with the removal under IC 13-21-4 and IC 13-21-5 , both as amended by this act.
    (d) This SECTION expires January 1, 2004.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 283 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 8, Nays 1.

____________________________________

Senator Gard, Chairperson


AM 028302/DI 52    2002