GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 1214

Short Title:  Solid Waste Management Commission.	(Public)
─────────────────────────────────────── 
Sponsors: Senator Basnight.
─────────────────────────────────────── 
Referred to:  Environment and Natural Resources.
─────────────────────────────────────── 

May 8, 1989

A BILL TO BE ENTITLED
AN ACT TO CREATE THE SOLID WASTE MANAGEMENT COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part to read:
“Part 2A.  Solid Waste Management Commission.
"§ 130A-309.1.  Legislative findings; purpose.
The General Assembly finds that:
(1)	North Carolina confronts a crisis in solid waste management due to the shortage of landfill space, the stricter federal regulations that are drastically more expensive to implement, and the present knowledge that landfills threaten the groundwater of this State;
(2)	More effective and responsive management of solid waste is necessary to protect the public health and safety, to protect the environment, and to protect the long term economic well-being of the State;
(3)	The interests of the State are inextricably connected to the proper voluntary management of solid waste by the units of local government.  It is in the best interests of the State and its citizens to develop long-term State policies and programs;
(4)	It should be the policy of the State to promote methods of solid waste management that are alternatives to disposal in landfills and to assist units of local government with solid waste management; and
(5)	The State should assume a leadership role in the area of comprehensive solid waste management.
It is the purpose of this Part to:
(1)	Advance cooperation and coordination among units of local government, State agencies, the private sector, and the general public;
(2)	Confront the present and future problems of solid waste management in a timely manner to divert a crisis; and
(3)	Develop a 20-year comprehensive plan for solid waste management in North Carolina.
"§ 130A-309.2.  Solid Waste Management Commission; membership.
(a)	The Solid Waste Management Commission is created.  The composition of the Commission shall be as follows:
(1)	Two members from State government:  the State Health Director and the Director of the Environmental Management Division of the Department of Natural Resources and Community Development, serving ex officio as voting members;
(2)	Two members of the General Assembly: one Senator  appointed by the President Pro Tempore of the Senate and one Representative appointed by the Speaker of the House of Representatives, selected in part for their demonstrated concern in the area of solid waste management;
(3)	Four representatives of local government: two appointed by the President Pro Tempore of the Senate and two appointed by the Speaker of the House of Representatives, selected for their experience and demonstrated concern in the area of solid waste management;
(4)	Two persons who have had experience working with community-based recycling programs: one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House of Representatives;
(5)	Two representatives of private industry: one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House of Representatives;
(6)	Two representatives of environmental interest groups: one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House of Representatives; and
(7)	One member from the field of higher education or research who has demonstrated an expertise and specialized knowledge on the subject of solid waste or solid waste management.
(b)	The President Pro Tempore of the Senate shall designate one member as cochairman and the Speaker of the House of Representatives shall designate one member as cochairman.
(c)	All appointments shall not expire for the duration of the Commission.  When a vacancy occurs in the membership of the Commission the vacancy shall be filled by the same appointing officer who made the initial appointment.
(d)	Members of the Commission who are State employees shall receive travel expenses as set forth in G.S. 138-6.  The other Commission members shall receive per diem and travel expenses as set forth in G.S. 138-5.
(e)	A majority of the Commission shall constitute a quorum for the transaction of business.
"§ 130A-309.3.  Powers and duties of the Commission.
(a)	The Solid Waste Management Commission shall:
(1)	Develop a comprehensive solid waste management plan that is designed to address solid waste management in North Carolina for the next 20 years, that will protect the air and water quality of the State, that will distribute the burdens of such a plan in an equitable manner, taking all interests into account;
(2)	Hire a nationally renowned consultant in the area of solid waste management who has demonstrated an ability to develop a long-range solid waste management plan on a statewide basis and to develop legislation to implement such a solid waste management plan; and
(3)	Submit a final report of its findings, the 20-year solid waste management plan, and any recommended legislation to the General Assembly on or before the first day of the next session of the General Assembly after the plan has been finalized, but no later than March 1, 1993, by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.
(b)	The Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19, and G.S. 120-19.1 through G.S. 120-19.4.  The Commission shall meet at least once every two months upon the joint call of the cochairmen.  The Commission may meet in the Legislative Building or the Legislative Office Building.
(c)	The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Administrative Officer, shall assign professional staff to assist in the work of the Commission.  The House of Representatives and the Senate's Supervisor of Clerks shall assign clerical staff to the Commission, upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees shall be borne by the Commission."
Sec. 2.  There is appropriated from the General Fund to the General Assembly the sum of $75,000 for the 1989-90 fiscal year and the sum of $75,000 for the 1990-91 fiscal year for the expenses of the Solid Waste Management Commission.
Sec. 3.  This act shall become effective July 1, 1989.