AN ACT TO (1) Clarify the application of certain setback requirements for disposal units of sanitary landfills; (2) revise the distribution of the proceeds of the solid waste disposal tax; and (3) provide reimbursement of certain costs incurred in connection with applications for permits for sanitary landfills.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  If Senate Bill 1492 becomes law, then G.S. 130A‑295.6(d), as enacted by Section 9(a) of Senate Bill 1492, reads as rewritten:
"(d)	The Department shall not issue a permit to construct any disposal unit of a sanitary landfill if, at the earlier of (i) the acquisition by the applicant or permit holder of the land or of an option to purchase the land on which the waste disposal unit will be located, (ii) the application by the applicant or permit holder for a franchise agreement, or (iii) at the time of the application for a permit, any portion of the proposed waste disposal unit would be located within:
(1)	Five miles of the outermost boundary of a National Wildlife Refuge.
(2)	One mile of the outermost boundary of a State gameland owned, leased, or managed by the Wildlife Resources Commission pursuant to G.S. 113‑306.
(3)	Two miles of the outermost boundary of a component of the State Parks System."
SECTION 1.(b)  If Senate Bill 1492 becomes law, then Section 9(b) of Senate Bill 1492, reads as rewritten:
"SECTION 9.(b)  This section becomes effective 1 August 2007 and applies to any application for a permit for a solid waste management facility that is pending on that date, except that G.S. 130A‑295.6(d), as enacted by this section, becomes effective 1 August 2007 and applies to any application for a permit for a solid waste management facility that is submitted on or after that date. G.S. 130A‑295.6(d) applies to any application for a permit for a solid waste management facility that is pending on 1 August 2007 on the basis of the boundaries of the lands described in subdivisions (1), (2), and (3) of G.S. 130A‑295.6(d) as of 1 August 2007. To the extent that G.S. 130A‑295.6, as enacted by this section, imposes requirements that are more stringent than those in effect prior to 1 August 2007, the more stringent requirements do not apply to:
(1)	An amendment, modification, or other change to a permit for a landfill issued on or before 1 June 2006.
(2)	A permit for a horizontal or vertical expansion of the landfill permitted on or before 1 June 2006.
(3)	A permit to construct a new landfill within the facility boundary identified in the facility plan of a landfill permitted on or before 1 June 2006.
(4)	A permit to operate a new landfill if a permit to construct the new landfill was issued on or before 1 June 2006.
(5)	A permit for a sanitary landfill used only to dispose of waste generated by a coal‑fired generating unit that is owned or operated by an investor‑owned utility subject to the requirements of G.S. 143‑215.107D.
(6)	A permit for a sanitary landfill determined to be necessary by the Secretary of Environment and Natural Resources in order to respond to an imminent hazard to public health or a natural disaster."
SECTION 1.(c)  If Senate Bill 1492 becomes law, Senate Bill 1492 is amended by adding a new section to read:
"SECTION 9.(c)  This section does not apply to landfills for the disposal of land clearing and inert debris or to Type I or Type II compost facilities."
SECTION 2.  If Senate Bill 1492 becomes law, then G.S. 105‑187.63, as enacted by Section 14(a) of Senate Bill 1492, reads as rewritten:
"§ 105‑187.63.  Use of tax proceeds.
From the taxes received pursuant to this Article, the Secretary may retain the costs of collection, not to exceed two hundred twenty‑five thousand dollars ($225,000) a year, as reimbursement to the Department. The Secretary shall credit or distribute taxes received pursuant to this Article, less the cost of collection, as follows:
(1)	Fifty percent (50%) to the Inactive Hazardous Sites Cleanup Fund established by G.S. 130A‑310.11. 
(2)	 Eighteen and seventy‑five one hundredths percent (18.75%) to cities in the State on a per capita basis and eighteen and seventy‑five one hundredths percent (18.75%) to counties in the State on a per capita basis. For purposes of this subdivision, persons who reside within a city shall not be counted in the population of the county or counties in which the city is located. Funds distributed under this subdivision shall be used by a unit of local government solely for solid waste management programs and services.
(3)	Twelve and one‑half percent (12.5%) to the Solid Waste Management Trust Fund established by G.S. 130A‑309.12."
SECTION 3.(a)  Declaration of Purpose and Intent. – Notwithstanding that an applicant for a permit does not have a reasonable expectation that the law governing the permit will remain unchanged and that the applicant acquires no vested right by virtue of having made an application, the General Assembly finds that it is in the public interest to provide for the potential compensation of certain applicants who submitted an application for a permit for a solid waste management facility prior to 1 August 2006 and whose application would be denied under G.S. 130A‑295.6(d).
SECTION 3.(b)  Reimbursement of Application Costs. – An applicant for a permit for a sanitary landfill may request reimbursement for the reasonable costs for preparation of the permit application incurred prior to 1 August 2006 if the permit would be denied under G.S. 130A‑295.6(d).
SECTION 3.(c)  Eligibility for Reimbursement. – To be eligible for reimbursement under this section, the request for reimbursement shall demonstrate all of the following:
(1)	The application for a permit to construct a sanitary landfill was submitted to the Department on or before 1 August 2006.
(2)	The applicant obtained a landfill franchise from the local government with jurisdiction over the site of the proposed landfill on or before 1 August 2006.
(3)	The Department did not grant the permit application in whole or in part.
(4)	The Department did not deny the permit application before 1 August 2007.
(5)	The applicant did not withdraw the permit application before 1 August 2007.
(6)	That the applicant had a reasonable expectation that the application for a permit would have been approved but for the enactment of G.S. 130A‑295.6(d).
SECTION 3.(d)  Costs Eligible for Reimbursement. – Costs that are necessary for the preparation of the permit application and that are reasonably incurred are eligible for reimbursement under this section. These costs may include site studies, facility plans, construction and engineering plans, construction quality assurance plans, geologic and hydrologic investigations, operation plans, wildlife or wildlife management studies, closure and post‑closure plans, information required by the Department to satisfy financial assurance and financial responsibility requirements, and other information required by the Department in the permit review. These costs may also include the reasonable fees of environmental consultants, engineers, geologists, other professionals whose services were necessary to prepare the permit application or to respond to information requests from the Department, and legal costs to obtain a landfill franchise or other approval from the local government with jurisdiction over the site of the proposed sanitary landfill.
SECTION 3.(e)  Costs Not Eligible for Reimbursement. – None of the following costs incurred by or on behalf of the applicant is eligible for reimbursement:
(1)	The costs of acquiring interests in land for construction of the proposed sanitary landfill.
(2)	Legal or lobbying costs incurred in attempting to influence an administrative or legislative body.
SECTION 3.(f)  Request for Reimbursement. – The request for reimbursement shall be submitted to the Department no later than 31 December 2007 with information necessary to document the reasonable and necessary costs eligible for reimbursement under this section. The Department shall review the request for reimbursement and notify the applicant and the Secretary of Revenue of the costs approved for reimbursement under this section.  The Secretary of Revenue shall reimburse the approved costs from the proceeds of the tax imposed under G.S. 105‑187.61 subject to availability of funds. Approved reimbursement costs shall be paid from the proceeds of the tax prior to crediting or distributing the proceeds of the tax as provided in G.S. 105‑187.63.
SECTION 3.(g)  Waiver and Covenant Not to Sue. – An applicant for a permit for a sanitary landfill who accepts reimbursement of costs under this section waives the right to seek reimbursement of those costs under any other provision of law. Prior to receiving any reimbursement under this section, the applicant shall execute a covenant not to sue the State of North Carolina or any political subdivision of the State for any costs described in subsections (d) and (e) of this section.
SECTION 4.  If any section or provision of this act is declared unconstitutional or invalid by the courts, the unconstitutional or invalid section or provision does not affect the validity of this act as a whole or any part of this act other than the part declared to be unconstitutional or invalid.
SECTION 5.  Sections 1, 4, and 5 of this act become effective when this act becomes law. If Senate Bill 1492 becomes law, Section 3 of this act becomes effective when this act becomes law.  Section 2 of this act becomes effective 1 July 2008.
In the General Assembly read three times and ratified this the 2nd day of August, 2007.

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		 Beverly E. Perdue
	 President of the Senate

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		 Joe Hackney
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2007