HB231 Alabama 2011 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

Mac McCutcheonHarry ShiverJoe FaustAlan BakerSteve McMillanBarry MaskTerri CollinsDonnie Chesteen

Session

Regular Session 2011

Title

Solid waste disposal, application, approval by regional planning commission, deemed denied if not approved within certain number of days, Sec. 22-27-48 am'd.

Summary

HB231 would require regional planning commissions to issue a statement of consistency for solid waste disposal proposals within 180 days of submission, or the proposal would be denied, linking local approvals to regional capacity and needs.

What This Bill Does

It requires the regional planning commission to affirmatively adopt a statement of consistency within 180 days of receiving an application for a solid waste disposal proposal; if not, the application is deemed denied. Local governing bodies must review and either approve or deny proposals within 90 days, and failure to act is treated as approval. After local approval, the applicant must obtain a statement of consistency from the regional commission, which will assess the proposal against regional needs and capacity; if the commission does not affirm the statement, the application is denied. The bill also sets public notice and hearing requirements for local decisions and provides certain exemptions, such as contracts for collection/transport and some industrial landfills.

Who It Affects

• Local governing bodies (counties and municipalities): must review and decide on solid waste proposals within 90 days, with decisions made in a public meeting after notice and comment periods.
• Regional planning and development commissions: must evaluate proposals and affirmatively adopt a statement of consistency within 180 days; failure to do so results in a denial of the application.
• Applicants/permittees for solid waste facilities: must obtain local approval and a regional statement of consistency, subject to timelines and potential fees; may face denial if consistency is not affirmed.
• General public within the jurisdiction: will have public notice and hearings as part of the local decision process.

Key Provisions

• Amends Section 22-27-48 to require a regional planning commission to affirmatively adopt a statement of consistency within 180 days of receiving an application; if not, the application is deemed denied.
• Local governing bodies must approve or deny proposed services or activities within 90 days of receiving the application; failure to act constitutes approval.
• After local approval, the applicant must obtain a statement of consistency from the regional planning commission, which must evaluate capacity and regional need and affirm consistency within 180 days; if not, the application is deemed denied.
• No statement of consistency is required for contracts exclusively for collection or transportation of solid wastes; plans do not apply to industrial landfills receiving wastes generated on-site.
• Application fees: local submission requires a fee equal to 20 percent of the department's application or permit fee; renewed applications after denial within 18 months require a 50 percent fee.
• Public notice and public hearing requirements apply to local decisions, including minimum notice periods and access to relevant documents.

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