1 115557-2 n 01/19/2010 MCS / th LRS2009-5077Rl

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 contractsl 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 ~elating to the operation of county

21 landfills.
22

23 A BILL
24 TO BE ENTITLED
25 AN ACT
26

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1 To propose an amendment to the Constitution of
2 Alabama of 1901, ~elating to Baldwin County, to provide that
3 only county-owned solid waste landfills may be used fo~ the
4 disposal of solid waste, provide for certain exempted
5 contracts, and provide that the county may not charge rates
6 exceeding rates for similar services charged by public and
7 private landfill operators in surrounding counties, and to
8 require the county governing body to create the Baldwin County
9 Solid Waste Management Authority to make recommendations to
10 the governing body relating to the operation of county
11 landfills.
12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

1] Section 1. The following amendment to the

14 Constitution of Alabama of 1901, is proposed and shall become
15 valid as a part of the Constitution when all requirements of
16 this act are fulfilled:
17 PROPOSED AMENDMENT

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

19 County, only county-owned solid waste landfills may be used
20 for the disposal of solid waste. The rates for disposal at
21 county-owned or operated landfills shall not exceed the rates
22 tor similar services charged by pUblicly or privately owned
23 landfills in the following counties: Mobile, Escambia,
24 Washington, Monroe, Clarke, conecuh, and Escambia County,
25 Florida.
26 (b) The county governing body shall create the
27 Baldwin County Solid Waste Management Authority comprised of

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1 five members at least three of whom shall be mayors of
2 municipalities in Baldwin County. The committee shall
3 recommend methods of operation, communications, rates,
4 municipal recycling programs. revenue sharing, and other
5 landfill functions as ~equested by the county governing body.

6 (c) Contracts in effect on December 1, 2009, b~tween

7 municipalities and other entities for solid waste collection

8 and disposal, including, but not limited to, dumpster contacts
9 and recycling programs, are exempt from this amendment.
10 Section 2. An election upon the proposed amendment
11 shall be held in accordance with Amendment 555 to the
12 Constitution of Alabama of 1901, now appearing as Section
13 284.01 of the Official Recompilation of the Constitution of
14 Alabama of 1901, as amended, and the election laws of this
15 state.
16 Section 3. The appropriate election official shall
17 assign a ballot number for the proposed constitutional
18 amendment on the election ballot and shall set forth the
19 following description of the substance or subject matter of
20 the proposed constitutional amendment:
21 "Relating to Baldwin County, proposing an amendment
22 to the Constitution of Alabama of 1901, to provide that only
23 county-owned solid waste landfills may be used for the
24 disposal ot solid waste, with certain exemptions, and that the
25 county may not charge rates exceeding rates for similar
26 services charged by public and private landfill operato~s in
27 surrounding counties and providing that the Baldwin County
1 governing body shall create the Baldwin County Solid Waste

2 Management Authority to recommend methods of ope~ation, rates,

3 and other functions requested by the Baldwin County governing

4 body.

5 "Proposed by Act "

6 This description shall bQ followed by the following

7 language:
B "Yes ( ) No ( )."

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