HB143 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Alan Harper
Republican
Co-Sponsors: Paul W. Lee Elaine Beech Steve McMillan Alan Baker Joe Faust Harry Shiver Randy Davis Thomas Jackson Mike Jones
Session: Regular Session 2011
Title: Solid waste, application filed with Environmental Management Department for new facility, local governing body approval, deemed denied if not approved within certain number of days, Sec. 22-27-48 am'd.
Summary: HB143 would require local governments to affirmatively approve or deny new solid waste facility proposals within 90 days, otherwise the proposal would be denied, and it tightens local review and fees before state permit decisions.
What This Bill Does
It shifts the default from presumed approval to a required affirmative decision by local governments within 90 days for new solid waste facilities, or the proposal is denied. It requires local approval before the state environmental department can issue or modify permits for new or existing sites and mandates public notice and hearings. It imposes local approval fees (20% of the state permit fee; 50% for renewals within 18 months) and outlines exemptions for certain permit modifications and for industrial landfills, while also requiring a regional planning commission consistency review after local approval.

Who It Affects
Local governing bodies (counties and municipalities): must approve or deny new solid waste facility proposals within 90 days, conduct public hearings, and apply the stated review criteria; face administrative duties and potential denial if no timely action is taken.
Applicants/proponents of new solid waste facilities (developers/companies): must obtain local approval before state permit action, pay local approval fees, and navigate public notice/hearing requirements; outcomes in local decisions directly impact whether state permits can be issued or modified.

Key Provisions
Amendment to Section 22-27-48 requiring affirmative local approval or denial of new solid waste facility proposals within 90 days; failure to act within 90 days constitutes denial.
Local approval decisions must consider: consistency with local plan, relation to development and transportation access, location relative to existing industries, costs and needed public services, public health and safety impact, and social/economic effects on the community.
The Department cannot issue or modify permits for a new or existing site until local government approval has been obtained.
Local approval requires an application fee to the local government equal to 20% of the department's fee; renewals within 18 months of denial require a 50% fee.
Public notice and at least one public hearing are required; notices must be published 30-45 days before the hearing and include relevant details and access to documents.
After local approval, the applicant must obtain a statement of consistency from the regional planning and development commission; the commission evaluates capacity and regional needs and notes excess capacity.
Not required: local review for contract-only collection/transport services; no local approval for certain permit modifications (liner/leachate design, waste streams within service area, sequencing, new technology, or statutory/regulatory compliance changes).
Industrial landfills that receive waste generated on-site or by the permittee are exempt from local approval requirements.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Environmental Management Department