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House Study Bill 9

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.306A, Code 1997, is amended to
  1  2 read as follows:
  1  3    455B.306A  ANNEXATION OF TERRITORY – EXPANSION OF SERVICES
  1  4 DISPLACEMENT OF SERVICE BY CITY, COUNTY, OR PUBLIC AGENCY.
  1  5    1.  A city which annexes an area pursuant to chapter 368,
  1  6 or a city, county, or public agency managing the waste
  1  7 collection services for a city or county pursuant to chapter
  1  8 28E which plans to operate commence operating or to expand
  1  9 solid waste collection services into in an area where the
  1 10 collection of solid waste is presently being provided by a
  1 11 private entity, shall notify the private entity by certified
  1 12 mail at least sixty days before its annexation or expansion of
  1 13 its intent to provide solid waste collection services in the
  1 14 area.
  1 15    2.  A city shall not commence alternative solid waste
  1 16 collection services in such an area for one year five years
  1 17 from the effective date of the annexation or one year.  A
  1 18 city, county, or public agency shall not commence alternative
  1 19 solid waste collection services in such an area for five years
  1 20 from the effective date of the notice that the city, county,
  1 21 or public agency intends to operate commence operating or to
  1 22 expand solid waste collection services in the area, unless the
  1 23 city, county, or public agency contracts with the private
  1 24 entity to continue the services for that period.
  1 25    3.  A private entity providing solid waste collection
  1 26 services pursuant to this section shall provide solid waste
  1 27 collection services in the area in accordance with the city's
  1 28 comprehensive plan of the city, county, or public agency.
  1 29    4.  As an alternative to delaying displacement five years,
  1 30 a city, county, or public agency may pay a displaced company
  1 31 an amount equal to the company's preceding twelve months'
  1 32 gross receipts for the displaced services in the displacement
  1 33 area.  Such five-year period shall lapse as to any private
  1 34 company being displaced when such company ceases to provide
  1 35 services within the displacement area.
  2  1    5.  For purposes of this section, "displace" or
  2  2 "displacement" means the provision by a city, county, or
  2  3 public agency of services which results in prohibiting a
  2  4 private company from providing the same or essentially the
  2  5 same services that the private company is providing at the
  2  6 time the decision to displace is made.  "Displace" or
  2  7 "displacement" does not mean any of the following:
  2  8    a.  Competition between the public sector and private
  2  9 companies for individual contracts.
  2 10    b.  Situations where a city, county, or public agency, at
  2 11 the end of a contract with a private company, does not renew
  2 12 the contract and either awards the contract to another private
  2 13 company or decides for any reason to provide such collection
  2 14 services itself.
  2 15    c.  Situations where action is taken against a private
  2 16 company because the company has acted in a manner threatening
  2 17 the health and safety of citizens or resulting in a
  2 18 substantial public nuisance.
  2 19    d.  Situations where action is taken against a private
  2 20 company because the company has materially breached its
  2 21 contract with the city, county, or public agency.
  2 22    e.  Situations where a private company refuses to continue
  2 23 operations under the terms and conditions of its existing
  2 24 agreement during the five-year notice period.
  2 25    f.  A city, county, or public agency entering into a
  2 26 contract with a private company to provide solid waste
  2 27 collection services so long as such contract is not entered
  2 28 into pursuant to an ordinance which displaces or authorizes
  2 29 the displacement of another private company providing solid
  2 30 waste collection services at the time the contract is made.
  2 31    g.  Situations where at least fifty-five percent of the
  2 32 property owners in the displacement area petition the
  2 33 governing body to take over such solid waste collection
  2 34 services.  
  2 35                           EXPLANATION
  3  1    This bill provides that a city, county, or public agency
  3  2 may not displace a private company providing solid waste
  3  3 collection services by annexing property, commencing new
  3  4 services, or expanding services without deferring displacement
  3  5 of the private company for five years after the private
  3  6 company has been notified.  As an alternative to the five-year
  3  7 deferral, a city, county, or public agency may pay a displaced
  3  8 private company an amount equal to the company's preceding 12
  3  9 months' gross receipts for the provision of solid waste
  3 10 collection services in the affected area.  
  3 11 LSB 1062HC 77
  3 12 sc/sc/14
     

Text: HSB00008                          Text: HSB00010
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