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HomeMy WebLinkAboutAgenda - 05-04-2006-8aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2006 Action Agenda Item No. ~ - q SUBJECT: Additional Items for Orange County's 2006 Legislative A enda DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): Public Hearing Notice Draft Resolution on DCHC/CAMPO Joint MPO Transportation Funding Initiatives Task Force Legislative Agenda DCHC/CAMPO .Joint MPO Transportation Funding Initiatives Task Force Legislative Agenda Draft Resolution on Senate Bill 1030 - Electronics Recycling and Job Creation Senate Bill 1030 -Electronics Recycling and Job Creation INFORMATION CONTACT: Commissioner Steve Halkiotis Commissioner Barry Jacobs PURPOSE: To continue a public hearing from the Board's April 18, 2006 regular meeting for discussion of items for inclusion in Orange County's legislative agenda package for the 2006 North Carolina General Assembly Session and to consider approval of resolutions and any additional materials for presentation to Orange County's legislative delegation and the leadership of the North Carolina General Assembly. BACKGROUND: In past years, the BOCC has reviewed and approved a package of legislative items to pursue for North Carolina General Assembly sessions. For the 2006 General Assembly Session, the County's Legislative Issues Task Force (CITE), led by Chair Barry Jacobs and Vice Chair Steve Halkiotis, developed a set of draft resolutions for public hearing and the Board's consideration. At the Board's March 21, 2006 regular meeting, the Board approved the scheduling of a legislative items public hearing for the BOCC's April 18, 2006 regular meeting. At the April 18 meeting, the Board opened the public hearing and then reviewed and approved a Statement of Principle and 13 resolutions addressing various legislative issues as proposed by the LITF. These items have since been presented to Orange County's legislative delegation and the General Assembly leadership. During discussion at the April 18~h public hearing, several additional items were raised for potential consideration. While moving forward with the approval of the resolutions, the Board elected to keep the public hearing open for further consideration of those other potential items at tonight's meeting. Two draft resolutions are attached -one addressing the Durham-Chapel Hill-Carrboro (DGHC)/Capital Area Metropolitan Planning Organization (CAMPO) .Joint Metropolitan Planning Organization (MPO) Transportation Funding Initiatives Task Force Legislative Agenda, and the other regarding Senate Bill 1030 -Electronics Recycling and Job Creation. In follow-up to one request for information related to the resolution on the Joint MPO legislative agenda, County staff confirmed that any projects associated with toll roads would follow the same environmental standards and construction guidelines as would apply to North Carolina Department of Transportation road projects, In follow-up to another information request pertaining to the electronics recycling resolution, County staff is not aware of any federal or North Carolina law that requires the manufacturers of electronics to fund recycling programs or requires manufacturers to take back the electronic equipment they sell. Three other states have adopted some version of manufacturer responsibility legislation. After tonight's public hearing, the Board will need to review and consider approval of the resolutions and any other materials as necessary, It should also be noted that the work of the LITF and the Board as a whole to this point is based on the current information available for the 2006 General Assembly Session. The issues addressed by the LITF and the Board may evolve and change over the session and require additional attention by the Task Farce and Board of Commissioners. New issues may also arise necessitating additional review. The General Assembly convenes on May 9, 2006. FINANCIAL IMPACT: None at this time RECOMMENDATION(S): The Manager recommends that the Board continue with the public hearing started at the Board's April 18, 2006 regular meeting for discussion of potential items far inclusion in Orange County's legislative agenda package for the 2006 North Carolina General Assembly Session and consider approval of the two resolutions and any additional materials for presentation tc Orange County's legislative delegation and the leadership of the North Carolina General Assembly. ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING NOTICE FOR TUESDAY, APRIL 18, 2006 AT 7:30 P.M. A public hearing will be held on Orange County's potential legislative items for the 2006 North Carolina General Assembly Session. Those potential items include: • Opposition to Senate Bi11951 -Public-Private Solid Waste Collection • Opposition to Senate Bill 508 -Builder's Inventory Exemption • Medicaid Relief • Reinstatement of Sales Tax Reimbursement for School Systems • Funding Request for Orange County Government Park and Ride/Shuttle Operation • Funding Request for Orange County Ag Center • Funding Request to Support Study of a Regional Value-Added Agricultural Processing Facility • State Class Size Reduction Mandates and School Capital Funding • Reassessment of Mental Health System Reform • Opposition to State and Federa] Removal of Local Govermnent Cable Television Franchising Authority • Support for Family House at UNC Hospitals Proposal • Support for Statewide Public Referenda on School Construction Bonds, Water and Sewer Bonds, and Land for Tomorrow Bonds The Boazd of Commissioners welcomes all comments on these and other items as maybe introduced or addressed at the public heazing. The meeting is open to the public and will be held on Tuesday, April 18, 2006 at the Southern Human Services Center, 2501 Homestead Road in Chapel Hill, beginning at 7:.30 p.m. If you need additional information, please call Greg Wilder at 245-2.314. DRAFT L., ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Resolution Endorsing Transportation Funding Initiatives Consistent With The State Of North Carolina's Blue Ribbon Commission On Urban Mobility WHEREAS, Orange County is a member of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO); and WHEREAS, The Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) is the regional transportation organization recognized by federal and state law as the body responsible for coordinating transportation planning in the Planning Area defined by the DCHC Metropolitan Area Boundary; which includes a portion of Orange County; and WHEREAS, the Long-Range Transportation Plan (LRTP) adopted for air quality conformity by the Transportation Advisory Committee (TAC) of the DCHC MPO recognizes that existing sources of revenue cannot provide sufficient funding to implement all projects in the LRTP to manage congestion and ensure federal ambient air quality standards in the region, and that new sources of revenue must be developed to ensure same; and WHEREAS, the Joint Capital Area Metropolitan Planning Organization-DCHC MPO Transportation Funding Initiatives Task Force has identified a unified legislative agenda that is consistent with the State of North Carolina's Blue Ribbon Commission To Study North Carolina's Urban Transportation Needs; and WHEREAS, the TAC of the DCHC MPO has adopted the legislative agenda identified by the Joint CAMPO-DCHC MPO Transportation Funding Initiatives Task Farce, and has encouraged member jurisdictions to include language in their legislative agendas supporting transportation funding initiatives; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners endorses the following funding initiatives identified by the Joint CAMPO-DCHC MPO Transportation Funding Initiatives Task Force; 1. Permanently end the transfer of Highway Trust Fund Revenue to the North Carolina General Fund. 2. Modernize the equity formula to address congestion related needs. 3. Create transportation and infrastructure local revenue option authority. 4. Ensure that any toll revenue generated in a region stays in that region. This the 4~' day of May, 2006. Barry Jacobs, Chair Orange County Board of Commissioners TAC 04/12/06 Attachment 11A O .s~ / ~r i ~ i it ~.a~~~~.nn ~°,~rv inn .~acn ~l rnnuoS~.u~ JOINT MPO TRANSPORTATION FUNDING INITIATIVES TASI{ FORCE LEGISLATIVE AGENDA The .Ioint Transportation Funding Initiatives Taslc Force met on Friday, March .31, 2006 to discuss the region's transportation needs and formulate a unified legislative agenda. Unified Position on Transportation The .Joint Transportation Funding Initiatives Task Force, representing the Greater Triangle Region, has identified a unified legislative agenda that is consistent with the State of North Carolina's Blue Ribbon Commission on Transportation Needs. Based on the funding needs in the Triangle and other funding initiatives in North Carolina, the emphasis items in order ofpriority are: (I) Permanently end the transfer of Highway Trust Fund Revenue (over 5250 million/year) to the North Carolina General Fund. (2) Modernize the equity formula to address congestion related needs (3) Create transportation and infrastmcture local revenue option authority. (4) Ensure that any toll revenue generated in a region stays in that region Page i of 1 TAC 04/12/06 Attachment 71 M J E~i,„~:f ~ ~ ~din~l~-4 ~"~.6-ioc~ii~r ~m.uo~i~~m r~~on W ~--s_.. x._ JOINT MPO TRANSPORTATION FiJNDING INITIATIVES TASK FORCE CAMPO TAC: Mayor Charles Meeker Mayor Keith Weatherly Mayor Vivian Jones Mayor Jolm Byrne Commissioner Joe Bryan Commissioner Hubert Gooch Commissioner Lynnwood Buffaloe Ann Franklin, TTA Board Member DCHC MPO TAC: Mayor Bill Bell Commissioner Ellen Reckhow Commissioner Becky Heron Commissioner Alice Gordon Alderman Alex Zaffron Page 1 of 1 DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS ~ Resolution Supporting Senate Bill 1030 -Electronics Recycling and Job Creation WHEREAS, Orange County spends considerable funds annually recycling electronics collected from its residents and businesses; and, WHEREAS, these funds are provided from revenue collected as part of'the County's Reduce, Reuse & Recycling Fee and landfill operations revenues with no other state, private or federal funds supporting the County's electronics recycling; and, WHEREAS, local government operated electronic recycling programs are an efficient way to divert electronics from disposal and to provide recycling services to residents across the State; and, WHEREAS, local government operated electronic recycling programs, where they exist, are the only existing programs to adequately serve North Carolinians and to divert large quantities of electronics from disposal (the State of North Carolina, electronics manufacturers, retailers, and others provide no such system); and, WHEREAS, Orange County operates one of the most successful electronics recycling programs in the southeast, collecting approximately 180 tons of electronics last fiscal year, estimated as the highest per capita in the nation; and, WHEREAS, more than 14,000 new televisions, monitors and printers were purchased by Orange County residents and businesses last year; and, WHEREAS, electronics recycling legislation is strongly supported and was originally sponsored in the North Carolina Senate by Senator Ellie Kinnaird of Orange County and in the North Carolina House by Representative doe Haclmey of Orange County; and, WHEREAS, approximately 65 businesses are handling recyclable electronics now in North Carolina and this is an area of job growth and business expansion in our State; and, WI3EREAS, very few counties have funds for implementing electronics recycling programs; and, WHEREAS, each conventional (not flat screen) television and computer monitor contains an average of eight pounds of lead and other heavy metals; and, WHEREAS, recycling and reusing computer monitors, televisions, printers and other electronics represents recovery of valuable resources and conservation of locally scarce landfill space; and, WHEREAS, legislation now being considered by the North Carolina General Assembly could provide sufficient funds from a privilege tax on the sale of televisions, computer monitors and printers to fully support local government operated electronics recycling programs, including Orange County's, enabling the recycling fee revenues collected by counties, including those collected by Orange County, to support other recycling and waste reduction efforts; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners supports Senate Bill 1030 -Electronics Recycling and Job Creation, and urges the members of the Orange County's legislative delegation as well as all members of the General Assembly to support legislation that imposes a privilege tax on electronic devices in order to encourage and fund local government operated electronics recycling programs.. This the 4°i day of May 2006 Barry Jacobs, Chair Orange County Board of Commissioners GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 S Short Title SENATE BILL 1030 1 Electronics Recycling and .lob Creation. (Public) Sponsors: Senators Cowell; Berger of Franklin, Bingham, Clodfelter, Graham, ICinnaird, and Malone. Referred to: Finance. March 24, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 A BILL TO BE ENTITLED AN ACT TO ESTABLISH A RECYCLING PROGRAM FOR ELECTRONIC DEVICES AND TO IMPOSE A IAX ON THOSE DEVICES IN ORDER TO FUND THE PROGRAM AND TO PROVIDE LOCAL GOVERNMENTS WITH FUNDS TO ENABLE THEM TO RECYCLE ELECTRONIC DEVICES. Whereas, the electronics waste stream is growing rapidly in volume and complexity and can introduce toxic heavy metals into solid waste landfills; and Whereas, it is in the best interests of North Carolina's citizens to have convenient and free access to recycling services for their discarded electronics; and Whereas, local government-operated programs are an efficient way to divert electronics from disposal and to provide recycling services to citizens across the State; and Whereas, the development of local programs is hindered by the high costs of marketing collected electronic materials; and Whereas, no other system currently exists, either provided by electronics manufacturers, retailers, or others, to adequately serve North Carolinians and to divert large quantities of electronics from disposal; and Whereas, it is already illegal for businesses to dispose of cathode ray tubes in landfills in North Carolina, but small- and medium-sized businesses lack practical electronics recycling options; and Whereas, the recycling of electronic wastes recovers valuable materials for reuse and will create jobs and expand the tax base in North Carolina; Now, therefore, The General Assembly of North Carolina enacts: SECTION 1. Chapter 105 of the General Statutes is amended by adding a new Article to read: "Article SG. "Electronics Rec}~cling Tax. "§ 105-187.60. Definitions. General Assembly of North Carolina Session 2005 1 The definitions in G.S. 105-164.3 apply to this Article, except that the term 'sale' 2 does not include lease or rental. As used in this Article 'electronic device' means central 3 processing units, whether sold alone or with accessories; computer monitors laptop 4 computers; televisions with video displays havine a viewable area rg eater. than nine 5 inches when measured diaeonally; and computer printers and multifimction printers. 6 "& 105-187.61. Tax imposed. 7 A privilege tax is imposed on an electronic device retailer on a percentage basis of 8 the sales price of each new electronic device sold at retail by the retailer. An excise tax 9 is imposed on a new electronic device purchased outside the State for storage, use, or 10 consumption in this State. The rate of the privilege tax and the excise tax is one percent 11 (1%) of the sales price of each new electronic device. These taxes are in addition to all 12 other taxes. 13 "S 105-187.62. Administration. 14 The privilege tax this Article imposes on an electronic device retailer is an additional 15 State sales tax, and the excise tax this Article imposes on the storage, use, or' 16 consumption of a new electronic device in this State is an additional State use tax. 17 Except as otherwise provided in this Article, these taxes shall be collected and 18 administered in the same manner as the State sales and use taxes imposed by Article 5 19 of this Chapter. As under Article 5 of this Chapter, the additional State sales tax paid 20 when a new electronic device is sold at retail is a credit against the additional State use 21 tax imposed on the storage, use, or consumption of the same electronic device. 22 "~ 105-187.63. Exemptions and refunds. 23 Except for the exemption provided in G.S. 105-164.13(17), the exemptions in 24 G.S. 105-164.13 do not apply to the taxes imposed by this Article. The refimds allowed 25 in G.S. 105-164.14 do not apply to the taxes imposed by this Article. 26 "S 105-187.64. Use of tax proceeds. 27 The Secretary shall distribute the taxes collected under this Article, less the 28 Department of Revemie's allowance for administrative expenses, in accordance with this 29 section. The Secretary may retain the Department's cost of collection, not to exceed two 30 hundred twenty-five thousand dollars ($225,000) a year, as reimbursement to the 31 Department. Retailers may retain up to two percent (2%) of the collected tax for 32 administrative costs related directly to the tax. Each quarter, the Secretary shall credit 33 the net tax proceeds to the Electronics Rec~ng Account. 34 "§§ 105-187.65 through 105-187.69: Reserved for fuhire codification purposes." 35 SECTION 2. Article 9 of Chapter 1.30A of the General Statutes is amended 36 by adding a new Part to read 37 "Part 2E. Electronics Recti cling Act of 2005. 38 "& 130A-309.90. Title. 39 This Part may be cited as the 'North Carolina Electronics Rec} cline Act of 2005'. 40 "~ 130A-309.91. Definition. 41 As used in this Part, 'electronic device' means central processing units, whether sold 42 alone or with accessories; computer monitors; laptop computers; televisions with video 43 displays havine a viewable area ereater than nine inches when measured diaeonally; and 44 computer printers and multifunction printers Page 2 Senate Bill 10.30-First Edition io General Assembly of North Carolina Session 2005 "S 130A-309.92. Manaeement of electronic devices: elieibility for distributions. 2 ~ A county that amends its solid waste mana ep ment plan adopted pursuant to 3 G.S. 130A-309.09A to include a section on recycling electronic devices and that 4 implements an electronic devices rec~g_program is eligible to receive distributions 5 from the Electronics Rec} cling Account under G.S. 130A-309.94. A municipality is 6 eli>ible to receive distributions from the Electronics Rec}cling Account if the county in 7 which the rnunicipalitL is located fails by Jamtary I, 2008, to amend its solid waste 8 management plan to include a section on recycling electronic devices or fails to 9 irnpletnent an electronic devices recycling_program, and if the municipality amends its ]0 solid waste mana eg_ment plan adopted pursuant to G.S. 130A-309.09A to include a 11 section on rec~g electronic devices and implements an electronic devices recycling 12 pro ram. 13 ~ A county or a municipalitl% that receives distributions from the Electronics 14 Recycling Account shall not charee a fee for the recycling of electronic devices. 15 ~ A unit of local government may contract with another unit of local 16 government or a private entity in accordance with Article 15 of Chapter 153A of the 17 General Stahttes to provide for the rec~g of discarded electronic devices. 18 "§ 130A-309.93. Use of distributions. 19 A county or a municipality that is eligible under G.S. 130A-309.92 to receive 20 distributions from the Electronics Recycling Account shall use distributions exclusively 21 for activities directly related to electronic devices recycling and may use distributions 22 from the Electronics Recycling Account to offset any of the following: 2.3 ~ Collection, storage, and transportation of discarded electronic devices. 24 ~ Recycling_processing fees for electronic devices. 25 (~ Costs of educating citizens about its electronic devices re~cling 26 pro rg am• 27 ~ Costs of capital equipment and buildings used exclusively for 28 electronic devices recycling when these costs were incurred no later 29 than January I, 2003, are documented, and were incurred to establish a 30 permanent, year-round electronic devices collection program available 31 to the public. 32 "& 130A-309.94. >/lectronics Recycling Account. 33 f a~ The Electronics Recycling Account is established within the Department. The :34 Account consists of revenue credited to the Account from the proceeds of the 35 electronics recycling tax imposed by Article SG of Chapter 105 of the General Statutes. 36 (b~ Subiect to subsection (d) of this section, funds in the Account shall be 37 allocated and used as follows: 38 {1~ Ninety nercent (90%) for distribution to counties and municipalities 39 that are eli>ible to receive distributions under G.S. 130A-309.92. 40 ~ Six percent (6%) for supplemental grant funding_ to units of local 41 government to help initiate local pro rams enhance existing local 42 electronic devices recycline services, and encourage regionalization of 4.3 local electronic devices pro rP an7s• Senate Bill 10.30-First Edition Page 3 General Assembly of Nortir Carolina Session 2005 1 j~ Four percent (4%) to the Department for the administration of the 2 distributions from the Electronics Rec} clip ,the supplemental rants 3 under subdivision (2) of this subsection, the certification of electronic 4 devices recvclin cornpanies, the evaluation of reports submitted by 5 counties and municipalities under G.S.130A-309.96(a), and the 6 writing of an annual report b ty he Department under G S. 130A-309 97 7 on the management of discarded electronic devices. 8 ~ Distributions from the Electronics Recd cline Account shall be made 9 quarterly. Distributions from the Electronic Recycline Account to counties and 10 municipalities shall, subject to subsectio~fl of this section, be made on the basis of the 11 per capita share of the State's population of the counter municipality receiving a 12 distribution. 1.3 ~ If distributions to counties and municipalities are unclaimed due to delays bX 14 counties and municipalities in becoming eligible for distributions under 15 G.S. 130A-309.92 or due to undenrtilization of the distributions, as determined b ~ the 16 Department, the Department orgy use up to seventy-five percent (75%) of these 17 unclaimed distributions for supplemental grants under subdivision (2) of subsection (b) 18 of this section and for providing technical assistance and education efforts to support the 19 program under this Part. 20 ~ Each coup and municipality that is eligible to receive distributions frorn the 21 Account shall develop a method of fully aecounting_for its use of the distribution it 22 receives. No later than September 15 of each year, counties and municipalities that are 23 eligible to receive distributions shall submit to the Department an annual full-cost 24 accountine of their electronic devices recycling_program on a form provided by the 25 Deparhnent. 26 ~f A county or rmmicipality that uses less than ninety_percent (90%) of its 27 distribution for the previous fiscal year shall receive a distribution for the next fiscal 28 mar that is reduced by the amount of funds that remain available to it from the previots 29 year's distribution. A county or municipality that uses ninetypercent (90%) or more of 30 its distribution for the previous fiscal year shall receive its full annual distribution the 31 next fiscal year. 32 "§ 130A-309.95. Effect of local ordinance. 33 This Part preemQts any local ordinance re aiding the management of discarded 34 electronic devices to the extent, and only to the extent, that the local ordinance is 35 inconsistent with this Part or the rules adopted pursuant to this Part. 36 "~ 130A-309.96. Duties of Department. 37 ~ Administration of Distributions from Account. -The Department shall 38 administer the distribution of fiords in the Electronics Recycling_Account to counties 39 and municipalities that are eligible for distributions under G.S. 130A-309.92. The 40 Department shall develop and implement a process for each county and municipality 41 that receives a distribution to report to the Department on its use of these funds during 42 the previous fiscal year so that the Department is able to deterrnine the amount of finds 43 to distribute to the county or the municipality tinder G.S. 130A-309.94(fl for the next 44 fiscal year. Page 4 Senate Bill 10.30-First Edition is General Assembly of Nortlr Carolina Session 2005 1 (b) Local Govermnent Assistance. -The Department shall provide assistance to 2 units of local government developing electronic devices rec cling_programs. As part of 3 this assistance, the Department shall assist with the coordination of regional recovery 4 efforts for discarded electronic devices. 5 jc) State Term Rec~g Contract. -The Department shall assist the Department 6 of Administration in establishing_ a State term recyclin contract with electronics 7 recycling processors that may be used by units of local government. 8 ~) Supplemental Grant Program. -The Department shall develop and implement 9 a supplemental grant program, utilizing the funds allocated pursuant to 10 G.S. 130A-309.94(b)(2), to encourage and enhance the establislunent of electronic 1 I devices rec} cling_programs. 12 {e) Training for Local Electronic Devices Rec cling Programs. - The 13 Department shall develop and offer a program or shall approve for use a program 14 developed and offered by other parties to train persons to operate an effective electronic IS devices recycling_program. This training program shall address the requirements and 16 procedures for counties and municipalities to become eligible for distributions from the 17 Electronics Rec cling Account. 18 "$ 130A-309.97. Annual report. 19 The Departrnent shall include in the report to be delivered to the Environmental 20 Review Corrunission on or before 15 January of each year pursuant to 21 G.S. 130A-309.06(c) a description of the management of discarded electronic devices in 22 the State for the fiscal year ending the preceding 30 June. The description of the 2.3 management of electronic devices shall include all of the following information: 24 {~ An evaluation of the implementation of the Electronics Recycling Act 25 of 2005. 26 ~ The amount of taxes collected and distributed under G.S. 105-187.61 27 during_the period covered b tY he report. 28 ~ The be ig nninE and ending balances of the Electronics Recycling 29 Account for the period covered by the report and a list of distributions 30 made from the Account for' the period. 31 {~ Any other information the Departrnent considers helpful in 32 understanding the problem of rnanagrng electronic devices. 3.3 "SS 130A-309.98 throuEh 130A-309.99: Reserved for fiihire codification purposes." 34 SECTION 3. G.S, 130A-309.06(c) is amended by adding a new subdivision: 35 "~ A description of the management of electronics in the State, as 36 required by G.S. 130A-309.97." 37 SECTION 4. G.S. 1.30A-.309,96, as enacted by Section 2 of this act, is 38 amended by adding a new subsection to read: 39 "j,~f Electronics Recyclers Certification. -The Department shall establish a 40 program to certify electronic devices rec~ng companies that provide services to 41 counties and municipalities that are eligible for distributions from the Electronics 42 Recycling Account to ensure that the companies are in compliance with all applicable 4.3 laws and renuirements and are handling discarded electronic devices and electronic 44 materials properly to reduce adverse enviromnental and public health impacts." Senate Bill 10.30-First Edition Page 5 13 General Assembly of North Carolina Session 2005 1 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 2.3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SECTION 5. G.S. 1.30A-309.92, as enacted by Section 2 of this act, is amended by adding a new subsection to read: "~ A county or a municipality that is otherwise elieible under this section to receive distributions from the Electronics Rec cling Account shall lose its eli ibility under this section unless the county or the municipality uses an electronic devices recycler certified by the Department under G.S. 130A-309.96. A county or municipality that loses its eli ig bility under this subsection ma}_regain its eligibility after it comes into compliance with this subsection." SECTION 6. G,S. 130A-309.10(f) reads as rewritten: "(f) No person shall knowingly dispose of any of the following solid wastes in landfills: (1) Repealed by Session Laws 1991, c. 375, s. L (2) Used oil. (3) Yard trash, except in landfills approved for the disposal of yard trash under rules adopted by the Commission.. Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains separate yard trash composting facilities.. (4) White goods. (5) Antifreeze (ethylene glycol). (6) Aluminum cans. (7) Whole scrap tires, as provided in G,S, 130A-309,58(b). The prohibition against landfilling whole tires applies to all whole pneumatic rubber coverings, but does not apply to whole solid rubber coverings.. (8) Lead-acid batteries, as provided in G,S, 130A-.309,70. (~ Electronic devices as defined in G.S. 130A-309.91." SECTION 7. G.S. 130A-.309.10(8) reads as rewritten: "(fl) No person shall knowingly dispose of an~~ of the following solid wastes by incineration in an incinerator for which a permit is required under this Article: (1) Antifreeze (ethylene glycol) used solely in motor vehicles. (2) Aluminum cans. (.3) Repealed by Session Laws 1995 (Regular Session, 1996), c. 594, s, 17. (4) White goods, (5) Lead-acid batteries, as provided in G.S. 130A-309,70. (~ Electronic devices as defined in G.S. 130A-309.91." SECTION 8. Sections 1, 2, 3, and 8 of this act become effective January 1, 2006, Section 4 through Section 7 of this act become effective .January 1, 2009. The Department of Environment and Nahual Resources shall make distributions to counties and municipalities under Part 2E of Article 9 of Chapter 1.30A of the General Statutes, as enacted by Section 2 of this act, beginning on 1 July 2006, Page 6 Senate Bill 1030-First Edition