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1 1115557-2 : n : 01/19/2010 : MCS / th LRS2009-5077R1

8 SYNOPSIS: This bill would propose a local

9 constitutional amendment for Baldwin County that

10 would provide solid waste may only be disposed of

11 in landfills owned by Baldwin County; would provide

12 an exemption for certain contracts; and would

13 provide that the county may not charge rates

14 exceeding rates for similar services charged by

15 public and private landfill operators in

16 surrounding counties.

17 The bill would require the county governing

18 body to create the Baldwin County Solid Waste

19 Management Authority to make recommendations to the

20 governing body relating to the operation of county

21 landfills.

22

23 A BILL

24 TO BE ENTITLED

25 AN ACT

26

27 To propose an amendment to the Constitution of

28 Alabama of 1901, relating to Baldwin County, to provide that

29 only county-owned solid waste landfills may be used for the

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1 disposal of solid waste, provide for certain exempted

2 contracts, and provide that the county may not charge rates

3 exceeding rates for similar services charged by public and

4 private landfill operators in surrounding counties, and to

5 require the county governing body to create the Baldwin County

6 Solid Waste Management Authority to make recommendations to

7 the governing body relating to the operation of county

8 landfills.

9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

10 Section 1. The following amendment to the

11 Constitution of Alabama of 1901, is proposed and shall become

12 valid as a part of the Constitution when all requirements of

13 this act are fulfilled:

14 PROPOSED AMENDMENT

15 (a) Except as provided in subsection (c), in Baldwin

16 County, only county-owned solid waste landfills may be used

17 for the disposal of solid waste. The rates for disposal at

18 county-owned or operated landfills shall not exceed the rates

19 for similar services charged by publicly or privately owned

20 landfills in the following counties: Mobile, Escambia,

21 Washington, Monroe, Clarke, Conecuh, and Escambia County,

22 Florida.

23 (b) The county governing body shall create the

24 Baldwin County Solid Waste Management Authority comprised of

25 five members at least three of whom shall be mayors of

26 municipalities in Baldwin County. The committee shall

27 recommend methods of operation, communications, rates,

28 municipal recycling programs, revenue sharing, and other

29 landfill functions as requested by the county governing body.

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1 (c) Contracts in effect on December 1, 2009, between

2 municipalities and other entities for solid waste collection

3 and disposal, including, but not limited to, dumpster contacts

4 and recycling programs, are exempt from this amendment.

5 Section 2. An election upon the proposed amendment

6 shall be held in accordance with Amendment 555 to the

7 Constitution of Alabama of 1901, now appearing as Section

8 284.01 of the Official Recompilation of the Constitution of

9 Alabama of 1901, as amended, and the election laws of this

10 state.

11 Section 3. The appropriate election official shall

12 assign a ballot number for the proposed constitutional

13 amendment on the election ballot and shall set forth the

14 following description of the substance or subject matter of

15 the proposed constitutional amendment:

16 "Relating to Baldwin County, proposing an amendment

17 to the Constitution of Alabama of 1901, to provide that only

18 county-owned solid waste landfills may be used for the

19 disposal of solid waste, with certain exemptions, and that the

20 county may not charge rates exceeding rates for similar

21 services charged by public and private landfill operators in

22 surrounding counties and providing that the Baldwin County

23 governing body shall create the Baldwin County Solid Waste

24 Management Authority to recommend methods of operation, rates,

25 and other functions requested by the Baldwin County governing

26 body.

27 "Proposed by Act _________."

28 This description shall be followed by the following

29 language:
30 "Yes ( ) No ( )."

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