Brief (1)
HB 2831 would amend a section of solid waste law to allow cities or counties or combinations of cities and counties to provide for the storage, collection, transportation, processing and disposal of recyclables in addition to solid waste as is the case under current law. In addition, the bill would allow fees to be assessed for recycling services where these services are provided.
Further, the bill would allow cities or counties to adopt ordinances, resolutions, regulations, and standards for the storage, collection, transportation, processing, and disposal of recyclables in addition to solid wastes. The bill would require that these be in conformity with rules, regulations, standards, and procedures regarding recyclables of the Secretary of the Kansas Department of Health and Environment. The bill also permits cities and counties to contract with any person, city, county, other political subdivision, or state agency in this or other states to carry out their responsibilities for the collection, transportation, processing, and disposal of recyclables. The bill also would establish this section of law to be the enabling legislation for the regulation of solid waste and recycling, and it is not intended to prevent the enactment and enforcement of additional laws on the subject which are not in conflict with the provisions of the bill.
In addition, the bill would allow each city or county to impose an administrative fee in an amount not to exceed $25 on any property for which there are delinquent solid waste or recyclables fees due for more than 60 days. The bill would provide that the administrative fee would be imposed only once per delinquency and would be paid by the person or entity to whom the bill is sent.
Background
At the hearing on the bill, a Cloud County Commissioner appeared as a proponent of the bill. The Commissioner indicated that the collection of delinquent solid waste fees is a problem and that because of statutory requirements by the time the process is accomplished to place the fee on the tax roll, the solid waste fees may be delinquent by as much as 18 months. The Commissioner stated this appeared to be a problem in other counties of the state. He stated there were administrative costs in the solid waste departments, county clerks offices, and county treasurers offices. He stated this was the reason for the request of the bill to allow the imposition of administrative fees. A spokesperson from the League of Kansas Municipalities spoke in favor of the bill and stated that cities have expressed frustration at the difficulty of collecting delinquent payments on bills due and owing to cities. The spokesperson stated that the ability to impose an administrative fee on bills which remain unpaid for at least 60 days would create an incentive for individuals to pay their bills on time and provide local governments with an additional tool in attempting to collect such payments.
A county commissioner from Marion County appeared on the bill and asked the Committee to amend the bill to allow counties and cities to finance recycling service through a recycling fee which would be imposed on all real property capable of generating recyclable waste. The conferee stated that a 1992 enactment of the Legislature excluded recyclables from the definition of solid waste. He stated that because of the section being amended in this bill, which authorizes counties and cities to impose fees and charges, the 1992 enactment had the consequence of taking away any authority for imposing fees for programs and services. The Commissioner asked the Committee to amend the bill to allow the imposition of fees to fund recycling programs.
The House Committee on Environment amended the bill to allow cities and counties to impose fees for recycling programs and services. The bill also was amended to clarify that the administrative fee was to be imposed only upon each delinquency and it would only be imposed on those to whom the bill was sent.
The fiscal note on the original bill states that the bill is a local bill and would have no impact on state operations. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html