UNC
SCHOOL OF GOVERNMENT
[The Daily Bulletin: 2016-05-09
PUBLIC/HOUSE BILLS
H 1051 (2015-2016) SOLID WASTE AMENDMENTS. Filed May 9 2016, AN ACT TO (I) 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.
Identical to S 777, filed
4/27/16.
Makes technical, clarifying and conforming changes to provisions in SL 2015-286, Section 4.9(a); SL 2015-286,
Section 4.9(b), (c) and (d); and SL 2015-241, Section 14.20(e) (as amended by SL 2015-286, Section 4.9(d)). Effective
retroactively to J uly 1,2015.
Amends SL 2015-241, Section 14.20(f), as amended by SL 2015-286, Section 4.9(d), and provides that GS 130A-
294(bl )(2), which requires a person to franchise the operation of the sanitary landfill from each local government that
has jurisdiction prior to applying for a pennit for a sanitary landfill, as amended, applies to franchise agreements that ( 1 )
are executed on or after October 1 , 20 1 5, and (2) are executed on or before October 1 , 20 1 5, 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. Amends GS 1 30A-294(b 1 )(2) to limit the franchise granted to a
sanitary landfill for the life-of-site of the landfill to a period of 60 years. Amends GS 160A-3 19 to clarify that no
franchise shall be granted for a period of more than 60 years, including a franchise granted to a sanitary landfill for the
life-of-site of the landfill under GS 130A-294(bl), provided that a franchise for solid waste collection or disposal
systems and facilities, other than sanitary landfills (was, a franchise for solid waste collection or disposal systems and
facilities) cannot be granted for a period of more than 30 years.
Amends GS 153 A- 136(a)(3) to provide that a county may regulate the storage, collection, use, disposal, and other
disposition of solid waste by an ordinance that grants a franchise the exclusive right to commercially collect or dispose
of solid waste within a defined portion or all of the county, and set tenns of any franchise, provided no franchise is
granted for a period of more than 30 years unless a franchise granted to a sanitary landfill for the life-of-site of the
landfill under GS 130A-294(bl) cannot exceed 60 years (was, may set the tenns of any franchise, except no franchise
may be granted for a period of 30 years).
Applies to franchise agreements that were ( 1 ) executed on or after October 1 , 20 1 5, and (2) executed on or before
October 1,2015, 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. Effective retroactively to
July 1,2015.
Intro, by Dixon, McGradv. GS 130A, GS 153A, GS 160A
Environment, Environment/Natural Resources,
View summary Government, Local Government, Health and Human
Services, Health, Public Health
