HB328 Alabama 2017 Session

Updated Feb 26, 2026

High Interest

Summary

Primary Sponsor: Alan BakerRepresentative
Republican
Session: Regular Session 2017
Title: Solid waste, new municipal solidwaste facilities, approval process by local governing body revised, Sec. 22-27-48.1 added; Sec. 22-27-48 am'd.
Summary: HB328 requires local governments to approve siting of new solid waste facilities and adds court review and public participation steps, affecting how state permits are issued.
What This Bill Does
It requires local governing bodies to approve or disapprove the siting of new solid waste facilities before state regulators can act on permits or permit modifications. It creates a detailed local approval process (Section 22-27-48.1) with information submission, public notices, a public awareness session, and at least one public hearing, followed by court review if approved. After local approval, it requires a statement of consistency from the regional planning and development commission, which assesses regional waste capacity and needs. The bill also sets fees, clarifies exemptions for certain permit modifications, and notifies nearby property owners and the public while outlining timelines for decisions and potential court involvement.

Who It Affects
Local governments (counties and municipalities) gain discretionary authority to approve or disapprove siting of new facilities, must follow detailed public notice and hearing procedures, and may be subject to circuit court review to ensure compliance with the local plan and process.
Applicants seeking to locate a new solid waste facility must provide extensive information (criteria, experience, finances, and legal actions), pay specified fees, conduct public outreach and hearings, and face potential court review if the local approval is granted.

Key Provisions
Amends Section 22-27-48 to require local approval before state-level consideration of new or modified solid waste facility permits and to define criteria for local approval (need, development, transportation, public services, safety, and social/economic impact).
Adds Section 22-27-48.1 establishing a detailed siting process: applicants must submit an application fee and information addressing criteria, experience, finances, and potential legal actions; adjacent property owners and the public receive notices; a public awareness session followed by at least one public hearing is required.
Public notice requirements include certified mail to adjacent property owners, newspaper and radio notices, and website postings with specified timeframes; comment periods and responses are defined.
Local approval must occur within defined timeframes (public hearing and 30-day post-hearing decision window), with failure to act constituting approval; court review is allowed to assess compliance and consistency with local plans.
After local approval, applicants must obtain a statement of consistency from the regional planning and development commission, which evaluates regional capacity and needs, except for contracts solely for collection/transport of waste.
Fees: local approval requires a fee equal to 20% of the department’s application/permit fee; renewed applications within 18 months of denial incur a 50% fee; some permit modifications remain exempt from local review.
The act does not apply to industrial facilities receiving wastes generated on-site or by the permittee, and does not apply to applications received before the effective date for certain modifications or new facilities.
Effective date: immediately upon governor's approval.

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