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HB30 INTRODUCED
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HB30
84ZIJ2H-1
By Representative Ross
RFD: County and Municipal Government
First Read: 13-Jan-26
PFD: 11-Aug-25
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84ZIJ2H-1 08/05/2025 ZAK (L)ZAK 2025-2379
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PFD: 11-Aug-25
SYNOPSIS:
Under existing law, households whose sole source
of income is Social Security benefits are exempt from
paying solid waste collection fees.
This bill would exempt households whose sole
source of income is veterans' benefits from paying
these fees.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to solid waste collection fees; to amend
Section 22-27-3, Code of Alabama 1975, to exempt households
whose sole source of income is veterans' benefits from paying
solid waste collection fees; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 22-27-3, Code of Alabama 1975, is
amended to read as follows:
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amended to read as follows:
(a) Generally. (1) The county commission or municipal
governing body may , and is hereby authorized to, make
available to the general public collection and disposal
facilities for solid wastes in a manner acceptable to the
department. The county commission or municipal governing body
may provide such the collection or disposal services by
contract with private or other controlling agencies and may
include house-to-house service or the placement of regularly
serviced and controlled bulk refuse receptacles within
reasonable (generally less than eight miles) distance from the
farthest affected household and the wastes managed in a manner
acceptable to the department. For purposes of this
subdivision, "reasonable distance" means generally less than
eight miles.
(2) Any county commission or municipal governing body
providing services to the public under this article shall have
the power and authority may by resolution or ordinance to
adopt rules and regulations providing for mandatory public
participation in and subscription to such system of services.
Such The governing body may , in its discretion, submit the
question of requiring such mandatory public participation to a
vote of the qualified electors of the county or municipality
as the case may be . If such the governing body submits the
question to the voters, then the governing body shall also
provide for holding and canvassing the returns of the election
and for the giving notice thereof for two consecutive weeks in
a paper of general circulation in the county or municipality .
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a paper of general circulation in the county or municipality .
Every person, household, business, industry, or property
generating solid wastes, garbage, or ash as defined in this
section shall participate in and subscribe to such the system
of service unless granted a certificate of exception as
provided in subsection (g). Provided , however, any individual
person , household, business, industry, or property generating
solid wastes that were which was sharing service for a period
of at least 6 six months may continue to share service without
filing for a certificate of exception. In the event such a
person, household, business, industry, or property owner who
has not been granted a certificate of exception refuses to
participate in and subscribe to such the system of service,
the county commission or municipal governing body may, in
addition to any other remedy provided in this article , may
bring an appropriate civil action in circuit court to compel
such participation and subscription. Except as provided in
subsection (g), any person , firm, or corporation violating
such rules and regulations adopted pursuant to this section
shall be in violation of this article and shall be punished as
provided in Section 22-27-7.
(3)a. Any household whose sole source of income is
Social Security benefits or veterans' benefits shall be
granted an exemption from the payment of any fees required
under this article, provided the household seeking to claim
the exemption shall present proof of the household's source of
income to the county health officer no later than the first
billing date of any year in which the exemption is desired.
The county health officer or his or her designee shall forward
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The county health officer or his or her designee shall forward
the exemption request and proof of income to the solid waste
officer or municipal governing body upon receipt. The
exemption shall apply only so long as the household's sole
source of income is Social Security benefits or veterans'
benefits and shall be requested each year in which the
exemption is desired. Additionally, the Legislature may, by
local law, may authorize the county commission to grant
additional exemptions to households whose total income does
not exceed 75 percent of the federal poverty level. Any person
who knowingly provides false or misleading information in
order to obtain an exemption shall be subject to the
provisions of Section 22-27-7.
b. For purposes of this section, the term "veterans'
benefits" means any benefit, program, service, commodity,
function, status, or entitlement that pertains to veterans,
their dependents, their survivors, or any other individual
eligible for such benefits under the laws, regulations, and
rules administered by the United Sates Department of Veterans
Affairs and the Alabama Department of Veterans Affairs.
(4) No county commission shall provide solid waste
collection and disposal services within the corporate limits
of a municipality without the express consent of the municipal
governing body of such the municipality nor shall any
municipality provide solid waste collection and disposal
services outside its corporate limits without the express
consent of the county commission of the county in which it is
situated.
(5) Any county providing door-to-door solid waste
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(5) Any county providing door-to-door solid waste
collection shall not reduce such the service unless and until
a letter has been sent to each resident or property or ,
business owner , or property owner receiving door to door
door-to-door service stating that such the service will be
reduced or changed and allowing at least 60 days for any
resident, business owner, or property owner to call for a
public hearing and for the county or municipality to hold such
a public hearing upon request.
(6) Any provision of this article to the contrary
notwithstanding, no person, household, business, industry, or
property owner shall be required to pay any solid waste
collection exemption or disposal fee chargeable under this
article unless solid waste collection and disposal services
for which such the charge was made were actually made
available to such the person, household, business, industry,
or property owner.
(b) Solid waste officer. As used in this article, the
term "solid waste officer " shall mean means any county
official or county employee or any official or employee of a
solid waste disposal authority authorized under Section
11-89A-1 et seq. Chapter 89A of Title 11 designated by the
county commission to exercise the authority and perform the
duties delegated by this article to such official and such the
officer. The officer shall have the same powers of enforcement
against persons violating this article as do license
inspectors with regard to persons violating revenue laws as
provided under Section 40-12-10 (i), (j), (k), and (n) .
(c) As used in this article, the terms "solid wastes",
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(c) As used in this article, the terms "solid wastes",
"garbage", "solid wastes," "garbage," and "ash" do not include
any drilling discharges from oil or natural gas operations.
(d) Garbage disposal. Garbage and rubbish containing
garbage shall be disposed of by sanitary landfill, approved
incineration, composting, or by other means as now available
or which as may later become available as approved by the
department. The method chosen and used shall also meet the
requirements of the health department for sanitation and the
protection of public health.
(e) Burning. No garbage or rubbish containing garbage
or other putrescible materials or hazardous wastes shall be
burned except in approved incinerators meeting the necessary
temperature requirements and air pollution controls as now
established or as may later be established. The open burning
of rubbish shall be permitted only under sharply controlled
circumstances where sanitary landfill or landfill is not
feasible and not in proximity to sanitary landfill or landfill
operations where the spread of fire to these operations may be
a hazard in the opinion of the department.
(f) Haulage. Trucks or other vehicles engaged in the
business of hauling garbage and rubbish shall be so covered,
secured, or sealed that there will be no loss during haulage
to cause littering of streets and highways, or cause a
nuisance or hazard to the public health.
(g) Exception. (1) a. A person, household, business,
industry, or any property owner may store, haul, and dispose
of his or her own solid wastes on his or her land or
otherwise, provided such the storage, haulage, or disposal is
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otherwise, provided such the storage, haulage, or disposal is
accomplished pursuant to a certificate of exception as
provided in this subsection. In order to obtain a certificate
of exception, an application, an application fee, and a plan
must be filed with the county health officer or his or her
designee in the case of household solid waste or with the
department in the case of solid waste from a business or
industry, setting out the proposed method of storing, hauling,
and disposing of solid waste so as to comply with rules and
regulations adopted by the state or county boards of health or
the department as appropriate and not create a public nuisance
or hazard to the public health.
b. The certification of exception application fee shall
be established by the State Board Committee of Public Health
or the department, as the case may be, except that with regard
to an individual household such, the fee shall be ten dollars
($10). The proceeds from such application the fees are hereby
shall be appropriated to the State Board Committee of Public
Health or the department, as the case may be, to be used for
the administration of this article.
c. The county health officer , or his or her designee ,
or the department , as appropriate , shall investigate such the
application and plan and issue a certificate of exception
within the time set by the State Board Committee of Public
Health or the department, as the case may be (, not to exceed
sixty 60 days in the case of an individual household ), if such
the proposal will, in such the officer's or, designee's , or
the department's judgment, comply with such the rules and
regulations and adequately prevent a public nuisance or hazard
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regulations and adequately prevent a public nuisance or hazard
to public health. A certificate of exception granted under
authority of this section subsection shall be valid for the
period established by the department, except that in the case
of an individual household such, the period shall not exceed
one year. The county health officer , or his or her designee ,
or the department shall notify the county commission or
municipal governing body in writing of the intention to grant
a certificate of exception and no such . No certificate of
exception shall be granted for an individual household without
prior written approval of the county commission or municipal
governing body , as the case may be.
(2) Notwithstanding any other provision of this chapter
to the contrary, no exception, exception fee, or any other
review, approval, or payment shall be required of any
generator for the collection, handling, or disposal of its own
solid waste using facilities or equipment owned by the
generator, its corporate parent, affiliate, or subsidiary and
duly permitted for such use by the Alabama Department of
Environmental Management department or its successor in
function.
(h) Coal combustion by-products. Upon the adoption and
implementation of a federal regulatory program to govern the
disposal of coal combustion by-products pursuant in whole or
in part to Subtitle D of the Solid Waste Disposal Act, 42
U.S.C. § 6941 et seq., the department is authorized to develop
and may adopt rules as necessary to implement a state
regulatory program consistent with the federal requirements.
Until such the federal program requirements take effect, the
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Until such the federal program requirements take effect, the
disposal of coal combustion by-products shall be subject to
the applicable requirements of this article; provided ,
however, that a facility permitted by the department pursuant
to Chapter 22 of this title as of May 25, 2011, and thereafter
may continue to operate without additional authorization by
the department until federal requirements under the Solid
Waste Disposal Act take effect. To the extent permissible
under the federal program, the department shall allow
beneficial uses of coal combustion by-products as an
alternative to disposal as part of any adopted state program."
Section 2. This act shall become effective on October
1, 2026.
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