Municipal solid waste facilities.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0066

ENROLLED ACT NO. 114, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to public health and safety; creating the municipal solid waste facility cease and
transfer
program; creating criteria for the program; creating municipal solid waste facility cease and
transfer
account
s
; providing qualifications for

applicants to receive funds under the program
; providing authority for the state loa
n a
nd investment board to award
funds
under the program; providing for the department of environmental qua
lity to administer the program;
providing
that the department shall develop a general permit
as specified;
providing
assistance
for closure of small landfills
;
requiring financial responsibility of municipal solid waste facility operators
as specified
; requiring financial reporting to the department of environmental quality; providing ineligibility for state funding for failure to
perform
financial responsibility actions
as specified
;
providing
rulemaking authority;

providing for reports;
providing
appropriation
s
;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
. W.S. 35
‑
11
‑
528 through 35
‑
11
‑
53
2
are created to read:

35
‑
11
‑
528.

Municipal solid waste
facilities cease and
transfer
program created
; criteria for grants
and loans
;
loan terms;
availability of other state funding sources
.

(a
)

There
is created the municipal solid waste
facilities cease and transfer
program.
Grants and loans under the program shall
be
awarded by the state loan and investment board.
The program shall be administered by the solid and hazard
ous
waste division of the department of environmental quality with the input of the waste and water advisory board as provided in W.S. 35
‑
11
‑
528 through 35
‑
11
‑
53
1
.

(
b
)

Grants and loans shall be made from the municipal solid waste facilities cease and
transfer
account
s
for all cease and
transfer
activities as provided in this section
and by rule and regulation of the
board
. Grants and loans shall be made for:

(i
)

Capping of a closed landfill;

(ii
)

Other closure related expenses
including engineering, geological and other professional services
;

(ii
i
)

Construction or
acquisition
of appropriate solid waste transfer fac
ilities and equipment, including
a
cq
uisition
of real property
.

(c
)

Total costs of cease and
transfer
activities for a municipal solid waste facility
shall be determined by the department in consultation with
the
local municipal solid waste facility operator.
Grants shall be awarded
in an amount determined
by the state loan and investment board
after
consultation with the department
and
pursuant to
the criteria contained in
subsection (d) of this section.
A municipal solid waste facility
which is
ceasing
operations shall be eligible to receive loans for the costs of cease and
transfer
activities not funded
by
a grant pursuant to subsection (e) of this section.

(d
)

Grants
and loans
for cease and transfer activities shall be awarded
in an amount determined by the state loan and investment board
not
to
exceed seventy-five percent (75%) of the total cost of all cease and transfer activities of the municipal solid waste facility
. The state loan and investment board shall base its determination of the percentage of grant
s
and loan
s awarded
for cease and transfer projects under the program
on an equitable dist
ribution of a
vailable
funds
among eligible municipal solid waste landfills
and
rules and regulations adopted
pursuant to W.S. 35
‑
11
‑
5
30
. To be eligible for funding under the program
the following criteria
shall be met
:

(i
)

T
he local operator e
nter
s
into a written agreement with the department to meet all regulatory obligations under the program;

(
ii
)

The local operator i
mplement
s
and revise
s
the community's solid waste management plan as necessary to comply with all regulatory obligations;

(
iii
)

The local operator c
ease
s
disposal of all
municipal solid
waste streams at
the closed municipal solid waste facility;

(
iv
)

The local operator

conform
s
to the requirement
s
of W.S. 35
‑
11
‑
532
;

(v)

The local operator ceases disposal into units and facilities regulated under this article which do not have engineered containment systems or do not conform to performance based design standards.

(e
)

Loans may be made
under the program
at zero interest rate, up to an annual interest rate equal to the average prime interest rate as determined in accordance with this subsection. Loans provided under the program shall be adequately collateralized as determined by the
state loan and investment board
.
Principal and interest payments shall be deposited in the budget reserve account.

The state loan and investment board shall establish interest rates to be charged for loans under the program, but the interest rate shall not exceed an annual interest rate equal to the average prime interest rate as determined by the state treasurer. To determine the average prime interest rate, the state treasurer shall average the prime interest rate for at least seventy-five percent (75%) of the thirty (30) largest banks in the United States. The interest rate shall be adjusted on January 1 of each year. Interest rates shall be established in recognition of the repayment abilities and needs of the local municipal solid waste facility operator eligible for loans under the program. The state loan and investment board shall establish loan
amortization schedules, terms and co
nditions for each loan approved based on an applicant's need, financial condition of the landfill operator
or

the
entity respo
nsible for solid waste funding
,
the projected life of the transfer facility and the
ability
of that entity

to repay the loan
in a timely manner
.

(f
)

Participation in t
he program shall not restrict funding for a municipal solid waste facility from any other program created or supported by the state.

(g
)

Funds under the program shall not be expended on
:

(i)

Salaries
or benefits for employees of the
municipal solid waste facility;

(ii
)

Long-term monitoring at a closed municipal solid waste facility or a closed cell of a still operating municipal solid waste
facility
;

(iii)

Operational costs of municipal solid waste facilities.

35
‑
11
‑
5
29
.

Municipal solid waste
facilities cease and
transfer

account
s created
; authorized expenditures from the account
s
.

(a
)

There is created the municipal solid waste
cease and
transfer

grant
account
.
Monies from the account shall
be awarded
for
grants
to fund
approved
activities
pursuant to W.S. 35
‑
11
‑
528.
Interest earned by this account shall be deposited in the
budget reserve account
.
Notwithstanding

W.S.
9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), f
unds deposited in this account shall not revert without further action of the legislature.

(b
)

There is created the municipal solid wast
e
cease and transfer loan account. Monies from the account shall be awarded for loans to fund approved activities pursuant to W.S. 35
‑
11
‑
528. Interest earned by this account shall be deposited in the
budget reserve account
.
Notwithstanding
W.S.
9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), f
unds deposited in this account shall not revert without further action of the legislature.

35
‑
11
‑
53
0
.

Rules and regulations.

(a
)

The
state loan and investment board in consultation with the department

of environmental quality
shall promulgate rules and regulations necessary to administer
the municipal solid waste facil
ity cease and transfer program. Those rules shall include:

(i
)

Criteria for eligibility under the program based on W.S. 35
‑
11
‑
528(d);

(ii
)

Specific cease and transfer activities which are eligible for funding under the program;

(iii
)

Application form and procedure under the program;

(i
v
)

Criteria for grant and loan prioritization based on:

(A
)

Funding availability;

(B
)

Cost efficiencies achieved by allocation of resources;

(C
)

Opportunities for increased cost sharing between cease and transfer actions at multiple leaking municipal solid waste
facilitie
s;

(D
)

Timeliness of cease and transfer actions in reducing risk to public health, safety and welfare or the environment;

(E
)

Remaining life of the existing
municipal solid waste facility
;

(F
)

Whether the proposed actions are a cost-effective alternative in accordance with the integrated solid waste management plan approved for the
municipal solid waste
facility;

(G
)

Whether the proposed action is reasonable and appropriate for the current and projected volumes
of
all solid waste for the area served by the facility;

(H
)

Whether the proposal contains recycling and other forms of waste diversion as a component of the proposed facilities and management practices; and

(
J
)

The likelihood that the cease and transfer actions will reduce or eliminate the threat posed to public health, safety and welfare or the environment by continuing releases.

35
‑
11
‑
53
1
.

General permit
for cease and closure
for small landfills
; rulemaking authority.

(a)

T
he department shall develop a general permit in accordance with W.S. 35
‑
11
‑
801(d) for closing municipal solid waste landfills with a total surface area of less than thirty (30) acres, and shall provide assistance to municipalities in the general permitting process. The general permit shall comply with federal requirements for municipal solid waste landfill closure and post-closure.

(b)

The department shall provide assistance for permitting municipal solid waste transfer facility activities at closing municipal solid waste landfills with a total surface area of less than thirty (30) acres.

(c)

The department shall promulgate rules and regulations necessary to achieve the purposes of this section.

(d)

The department shall report to
the
joint minerals, business and economic development interim committee
on or before July 1,
2014 on the assistance provided under subsections (a) and (b)
of this section
.

35
‑
11
‑
532.

Municipal solid waste facility operator financial responsibility; penalties.

(a)

Municipal solid waste facility operators shall ensure continued revenue or funding streams sufficient to provide for all foreseeable costs of the facility, including but not limited to the full costs of:

(i)

Operations;

(ii)

Monitoring
;

(iii)

Recycling, composting and other diversion activities;

(iv
)

Closure; and

(v
)

Post-closure activities.

(b
)

On or before January 1, 2014 and at least once every four
(4)
years thereafter, municipal solid waste facility operators shall submit to the department written documentation demonstrating compliance with
subsection
(a) of this section.

(c
)

Municipal solid waste facility operators shall employ generally accepted accounting principles, including the recognition of liabilities associated with:

(i)

Closure and post-closure costs; and

(ii
)

The long-term cost of waste disposal compared to recycling, composting or other diversion activities.

(d
)

Compliance with this section shall be a prerequisite for eligibility for any state grant and loan program available to a municipal solid waste facility
and state funding for solid waste landfill monitoring and remediation
.

Section
2
.

(a)

Notwithstanding any other provision of law, there is appropriated
four
million dollars ($
4
,000,000.00) from the
general
fund

to the municipal solid waste facilities cease and transfer grant account for the purposes of this act.

No funds shall be expended from this account until the legislature has approved a prioritized list of projects that qualify for these grants.

(b)

Notwithstanding
any other provision of law, there is appropriated
one million
five hundred thousand dollars ($
1,
5
00
,000.00) from the
general
fund
to the municipal solid waste facilities cease and transfer
loan
account for the purposes of this act.

No funds shall be expended from this account until the legislature has approved a prioritized list of projects that qualify for these loans.

(
c
)

There is appropriated
fifty
thousand dollars ($
50
,000.00) from the general fund to the office of state lands and investments for the administration of th
e municipal solid waste landfill cease and
transfer
program.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2014
.

(
d
)

There is appropriated
one
hundred
fifty

thousand dollars ($
1
50
,000.00) from the general fund to the
departm
ent of environmental quality
to ful
fill the purposes of this act.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2014.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1