GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                    1

HOUSE BILL 1229*

 

 

 

 

Short Title:     County/City Solid Waste Collection.		(Public)
Sponsors:	Representatives Gibson, Moore (Primary Sponsors); and Faison.
Referred to:	Local Government I, if favorable, Judiciary I and, if favorable, to the Com on Finance.

March 29, 2007

A BILL TO BE ENTITLED

AN ACT requiring counties and cities to provide reasonably equitable garbage collection service to single‑family and multifamily Dwellings with property taxes levied to provide the service and to establish reasonably equitable service and fees for garbage collection service when operating a public enterprise for the purpose of providing the service.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 153A‑149 is amended by adding the following new subsection to read:

"(h)      If a county levies property taxes to provide solid waste services as authorized by subdivision (c)(31) of this section, the county shall provide a reasonably equitable level of solid waste services to all single‑family and multifamily dwellings within the county, and the county shall not charge multifamily dwellings any additional costs or fees for the services that are not also charged single‑family dwellings."

SECTION 2.  G.S. 153A‑277(a) reads as rewritten:

"(a)      A county may establish and revise from time to time schedules of rents, rates, fees, charges, and penalties for the use of or the services furnished by a public enterprise. Schedules of rents, rates, fees, charges, and penalties may vary for the same class of service in different areas of the county and may vary according to classes of service, and different schedules may be adopted for services provided outside of the county. However, if a county provides solid waste collection and disposal services as authorized by G.S. 153A‑274(3), the county shall provide a reasonably equitable level of service to all single‑family and multifamily dwellings within the county, and shall establish a schedule of fees for the services that reflects the level of service provided.  A county may include a fee relating to subsurface discharge wastewater management systems and services on the property tax bill for the real property where the system for which the fee is imposed is located."

SECTION 3.  G.S. 160A‑209 is amended by adding the following new subsection to read:

"(i)       If a city levies property taxes to provide solid waste services as authorized by subdivision (c)(29) of this section, the city shall provide a reasonably equitable level of solid waste services to all single‑family and multifamily dwellings within the city, and the city shall not charge multifamily dwellings any additional costs or fees for the services that are not also charged single family dwellings."

SECTION 4.  G.S. 160A‑314(a) reads as rewritten:

"(a)      A city may establish and revise from time to time schedules of rents, rates, fees, charges, and penalties for the use of or the services furnished by any public enterprise. Schedules of rents, rates, fees, charges, and penalties may vary according to classes of service, and different schedules may be adopted for services provided outside the corporate limits of the city. However, if a city provides solid waste collection and disposal services as authorized by G.S. 160A‑311(6), the city shall provide a reasonably equitable level of service to all single‑family and multifamily dwellings within the city, and shall establish a schedule of fees for the services that reflects the level of service provided."

SECTION 5.  This act is effective when it becomes law.