HB311 Alabama 2023 Session

Summary

Primary Sponsor

Alan BakerRepresentative

Republican

Session

Regular Session 2023

Title

Relating to solid waste, to amend Section 22-27-48, Code of Alabama 1975, as last amended by Act 2022-338, 2022 Regular Session, to further provide for the circumstances under which the approval of a local government is needed by a solid waste management facility.

Summary

HB311 would require local governments in Alabama to approve certain solid waste facility permits and modifications, and to set criteria, fees, and public notice processes for those approvals.

What This Bill Does

It clarifies that local governing bodies must approve permits for new solid waste facilities or most modifications before the Department of Environmental Management can issue them. It defines approval criteria, including alignment with the local solid waste plan, impact on development and roads, proximity to waste-generating industries, costs and availability of services, public health and safety, and social and economic effects. It creates a public process with a 20% local-approval fee (based on the state's permit fee), required public notice and hearings, and a 90-day decision window, with failure to act constituting approval. It restricts local approval rights for modifications to specific changes and sets boundary/acreage rules (up to 50% increase can be locally approved; more than 50% triggers additional requirements under Section 22-27-48.1), while noting exemptions and the need to follow related provisions for new facilities and pre-2017 applications.

Who It Affects

• Local governing bodies (counties and municipalities) gain authority to approve or disapprove disposal sites and certain permit modifications, follow specified criteria, collect a local application fee, and conduct public hearings.
• Solid waste management facility operators and applicants must obtain local approval before state permit consideration for new facilities or many modifications, may incur local fees, and must follow public notice and hearing requirements; certain modifications are limited to defined changes and timelines.

Key Provisions

• Local governments must approve disposal sites and certain permit modifications prior to the department's permit consideration; local approval is in addition to other regulatory approvals.
• Approval criteria include: consistency with the jurisdiction's solid waste management plan; relationship to local development and major roads; location relative to waste-generating industries and projected development; costs and availability of public services; public health and safety impacts; and social/economic impacts on the community.
• An application fee to the local governing body is set at 20% of the department's permit fee (not required for simple renewals).
• Local approval for permit modifications is limited to specific purposes (liner/leachate design, changes in waste streams, sequence of fill, incorporation of new technology, and compliance-related changes) plus changes to service areas or boundary acreage with thresholds (up to 50% increase allowed locally; more than 50% requires approval under Section 22-27-48.1).
• Public notice and hearings are required for modifications, including at least one public hearing, newspaper and official publication notices 30–45 days before the hearing, and documents available for public review; the local governing body must act within 90 days, or the modification is deemed approved.
• New facility applications must follow local approval under 22-27-48.1, and modified-permit approvals must follow this section; certain industrial facilities and pre-May 25, 2017 applications are exempt from some provisions.
• The act becomes effective on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Solid waste management plans, to further provide for local government approval of permits