HB 30

HB30 INTRODUCED
1 HB30
2 84ZIJ2H-1
3 By Representative Ross
4 RFD: County and Municipal Government
5 First Read: 13-Jan-26
6 PFD: 11-Aug-25
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84ZIJ2H-1 08/05/2025 ZAK (L)ZAK 2025-2379
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4 SYNOPSIS:
5Under existing law, households whose sole source
6of income is Social Security benefits are exempt from
7paying solid waste collection fees.
8This bill would exempt households whose sole
9source of income is veterans' benefits from paying
10these fees.
11This bill would also make nonsubstantive,
12technical revisions to update the existing code
13language to current style.
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15
16A BILL
17TO BE ENTITLED
18AN ACT
19
20Relating to solid waste collection fees; to amend
21 Section 22-27-3, Code of Alabama 1975, to exempt households
22 whose sole source of income is veterans' benefits from paying
23 solid waste collection fees; and to make nonsubstantive,
24 technical revisions to update the existing code language to
25 current style.
26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27Section 1. Section 22-27-3, Code of Alabama 1975, is
28 amended to read as follows:
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29
30(a) Generally. (1) The county commission or municipal
31 governing body may, and is hereby authorized to, make
32 available to the general public collection and disposal
33 facilities for solid wastes in a manner acceptable to the
34 department. The county commission or municipal governing body
35 may provide such the collection or disposal services by
36 contract with private or other controlling agencies and may
37 include house-to-house service or the placement of regularly
38 serviced and controlled bulk refuse receptacles within
39 reasonable (generally less than eight miles) distance from the
40 farthest affected household and the wastes managed in a manner
41 acceptable to the department. For purposes of this
42 subdivision, "reasonable distance" means generally less than
43 eight miles.
44(2) Any county commission or municipal governing body
45 providing services to the public under this article shall have
46 the power and authority may by resolution or ordinance to
47 adopt rules and regulations providing for mandatory public
48 participation in and subscription to such system of services.
49 Such The governing body may, in its discretion, submit the
50 question of requiring such mandatory public participation to a
51 vote of the qualified electors of the county or municipality
52 as the case may be. If such the governing body submits the
53 question to the voters, then the governing body shall also
54 provide for holding and canvassing the returns of the election
55 and for the giving notice thereof for two consecutive weeks in
56 a paper of general circulation in the county or municipality.
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57 Every person, household, business, industry, or property
58 generating solid wastes, garbage, or ash as defined in this
59 section shall participate in and subscribe to such the system
60 of service unless granted a certificate of exception as
61 provided in subsection (g). Provided, however, any individual
62 person, household, business, industry, or property generating
63 solid wastes that were which was sharing service for a period
64 of at least 6 six months may continue to share service without
65 filing for a certificate of exception. In the event such a
66 person, household, business, industry, or property owner who
67 has not been granted a certificate of exception refuses to
68 participate in and subscribe to such the system of service,
69 the county commission or municipal governing body may, in
70 addition to any other remedy provided in this article, may
71 bring an appropriate civil action in circuit court to compel
72 such participation and subscription. Except as provided in
73 subsection (g), any person, firm, or corporation violating
74 such rules and regulations adopted pursuant to this section
75 shall be in violation of this article and shall be punished as
76 provided in Section 22-27-7.
77(3)a. Any household whose sole source of income is
78 Social Security benefits or veterans' benefits shall be
79 granted an exemption from the payment of any fees required
80 under this article, provided the household seeking to claim
81 the exemption shall present proof of the household's source of
82 income to the county health officer no later than the first
83 billing date of any year in which the exemption is desired.
84 The county health officer or his or her designee shall forward
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85 the exemption request and proof of income to the solid waste
86 officer or municipal governing body upon receipt. The
87 exemption shall apply only so long as the household's sole
88 source of income is Social Security benefits or veterans'
89 benefits and shall be requested each year in which the
90 exemption is desired. Additionally, the Legislature may, by
91 local law, may authorize the county commission to grant
92 additional exemptions to households whose total income does
93 not exceed 75 percent of the federal poverty level. Any person
94 who knowingly provides false or misleading information in
95 order to obtain an exemption shall be subject to the
96 provisions of Section 22-27-7.
97b. For purposes of this section, the term "veterans'
98 benefits" means any benefit, program, service, commodity,
99 function, status, or entitlement that pertains to veterans,
100 their dependents, their survivors, or any other individual
101 eligible for such benefits under the laws, regulations, and
102 rules administered by the United Sates Department of Veterans
103 Affairs and the Alabama Department of Veterans Affairs.
104(4) No county commission shall provide solid waste
105 collection and disposal services within the corporate limits
106 of a municipality without the express consent of the municipal
107 governing body of such the municipality nor shall any
108 municipality provide solid waste collection and disposal
109 services outside its corporate limits without the express
110 consent of the county commission of the county in which it is
111 situated.
112(5) Any county providing door-to-door solid waste
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113 collection shall not reduce such the service unless and until
114 a letter has been sent to each resident or property or,
115 business owner, or property owner receiving door to door
116 door-to-door service stating that such the service will be
117 reduced or changed and allowing at least 60 days for any
118 resident, business owner, or property owner to call for a
119 public hearing and for the county or municipality to hold such
120 a public hearing upon request.
121(6) Any provision of this article to the contrary
122 notwithstanding, no person, household, business, industry, or
123 property owner shall be required to pay any solid waste
124 collection exemption or disposal fee chargeable under this
125 article unless solid waste collection and disposal services
126 for which such the charge was made were actually made
127 available to such the person, household, business, industry,
128 or property owner.
129(b) Solid waste officer. As used in this article, the
130 term "solid waste officer" shall mean means any county
131 official or county employee or any official or employee of a
132 solid waste disposal authority authorized under Section
133 11-89A-1 et seq. Chapter 89A of Title 11 designated by the
134 county commission to exercise the authority and perform the
135 duties delegated by this article to such official and such the
136 officer. The officer shall have the same powers of enforcement
137 against persons violating this article as do license
138 inspectors with regard to persons violating revenue laws as
139 provided under Section 40-12-10 (i), (j), (k), and (n).
140(c) As used in this article, the terms "solid wastes",
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141 "garbage", "solid wastes," "garbage," and "ash" do not include
142 any drilling discharges from oil or natural gas operations.
143(d) Garbage disposal. Garbage and rubbish containing
144 garbage shall be disposed of by sanitary landfill, approved
145 incineration, composting, or by other means as now available
146 or which as may later become available as approved by the
147 department. The method chosen and used shall also meet the
148 requirements of the health department for sanitation and the
149 protection of public health.
150(e) Burning. No garbage or rubbish containing garbage
151 or other putrescible materials or hazardous wastes shall be
152 burned except in approved incinerators meeting the necessary
153 temperature requirements and air pollution controls as now
154 established or as may later be established. The open burning
155 of rubbish shall be permitted only under sharply controlled
156 circumstances where sanitary landfill or landfill is not
157 feasible and not in proximity to sanitary landfill or landfill
158 operations where the spread of fire to these operations may be
159 a hazard in the opinion of the department.
160(f) Haulage. Trucks or other vehicles engaged in the
161 business of hauling garbage and rubbish shall be so covered,
162 secured, or sealed that there will be no loss during haulage
163 to cause littering of streets and highways, or cause a
164 nuisance or hazard to the public health.
165(g) Exception. (1)a. A person, household, business,
166 industry, or any property owner may store, haul, and dispose
167 of his or her own solid wastes on his or her land or
168 otherwise, provided such the storage, haulage, or disposal is
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169 accomplished pursuant to a certificate of exception as
170 provided in this subsection. In order to obtain a certificate
171 of exception, an application, an application fee, and a plan
172 must be filed with the county health officer or his or her
173 designee in the case of household solid waste or with the
174 department in the case of solid waste from a business or
175 industry, setting out the proposed method of storing, hauling,
176 and disposing of solid waste so as to comply with rules and
177 regulations adopted by the state or county boards of health or
178 the department as appropriate and not create a public nuisance
179 or hazard to the public health.
180b. The certification of exception application fee shall
181 be established by the State Board Committee of Public Health
182 or the department, as the case may be, except that with regard
183 to an individual household such, the fee shall be ten dollars
184 ($10). The proceeds from such application the fees are hereby
185 shall be appropriated to the State Board Committee of Public
186 Health or the department, as the case may be, to be used for
187 the administration of this article.
188c. The county health officer, or his or her designee,
189 or the department, as appropriate, shall investigate such the
190 application and plan and issue a certificate of exception
191 within the time set by the State Board Committee of Public
192 Health or the department, as the case may be (, not to exceed
193 sixty 60 days in the case of an individual household), if such
194 the proposal will, in such the officer's or, designee's, or
195 the department's judgment, comply with such the rules and
196 regulations and adequately prevent a public nuisance or hazard
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197 to public health. A certificate of exception granted under
198 authority of this section subsection shall be valid for the
199 period established by the department, except that in the case
200 of an individual household such, the period shall not exceed
201 one year. The county health officer, or his or her designee,
202 or the department shall notify the county commission or
203 municipal governing body in writing of the intention to grant
204 a certificate of exception and no such. No certificate of
205 exception shall be granted for an individual household without
206 prior written approval of the county commission or municipal
207 governing body, as the case may be.
208(2) Notwithstanding any other provision of this chapter
209 to the contrary, no exception, exception fee, or any other
210 review, approval, or payment shall be required of any
211 generator for the collection, handling, or disposal of its own
212 solid waste using facilities or equipment owned by the
213 generator, its corporate parent, affiliate, or subsidiary and
214 duly permitted for such use by the Alabama Department of
215 Environmental Management department or its successor in
216 function.
217(h) Coal combustion by-products. Upon the adoption and
218 implementation of a federal regulatory program to govern the
219 disposal of coal combustion by-products pursuant in whole or
220 in part to Subtitle D of the Solid Waste Disposal Act, 42
221 U.S.C. § 6941 et seq., the department is authorized to develop
222 and may adopt rules as necessary to implement a state
223 regulatory program consistent with the federal requirements.
224 Until such the federal program requirements take effect, the
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225 disposal of coal combustion by-products shall be subject to
226 the applicable requirements of this article; provided,
227 however, that a facility permitted by the department pursuant
228 to Chapter 22 of this title as of May 25, 2011, and thereafter
229 may continue to operate without additional authorization by
230 the department until federal requirements under the Solid
231 Waste Disposal Act take effect. To the extent permissible
232 under the federal program, the department shall allow
233 beneficial uses of coal combustion by-products as an
234 alternative to disposal as part of any adopted state program."
235
236Section 2. This act shall become effective on October
237 1, 2026.
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