HB 311 — 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.
Last action — Enacted as 2023-290
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 13, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Solid waste management plans, to further provide for local government approval of permits
Bill Text
What changed in the latest version
183 added · 160 removedPlain-language change summary
The recent amendment to HB 311 clarifies and specifies the conditions under which a solid waste management facility needs approval from local governments for construction or modifications. This change is significant because it aims to ensure that local authorities have a clear understanding of their roles, which can help them better manage waste disposal in their communities and address any local concerns. By defining these circumstances, the amendment seeks to balance regulatory oversight with local governance.
HB311 INTRODUCEDENROLLED QHII54-1QHII54-2 By Representative Baker RFD:
13-Apr-23 2023 Regular Session Page 0 QHII54-1HB311 04/12/2023Enrolled ZAKEnrolled, (L)crAn 2023-1050Act, 23 4Relating SYNOPSIS: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.
Under existing law, a solid waste management facility must receive the approval of a local government it serves to obtain a permit to construct a new facility or to modify its existing permit, except for certain listed modifications for which approval is not required.
This bill would specify the circumstances under which the approval of a local government is needed by a solid waste management facility.
A BILL TO BE ENTITLED AN ACT 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.
Page 1 HB311 INTRODUCED "§22-27-48 (a) In addition to any regulatory bodies, the governing body of a county or municipality has a responsibility for and the authority to assure the proper management of solid wastes generated within its jurisdiction in accord with its solid waste management plan.
(b) The department may not consider a permit application for a new facility unless the solid waste Page 1 HB311 Enrolled management site has received approval pursuant to Section 22-27-48.1 by the affected local governing body.
(1) The consistency of the proposal with the jurisdiction's solid waste management need as identified in Page 2 HB311 INTRODUCED its plan.
(5) The impact of a proposed facility on public safety and provisions made to minimize the impact on public health Page 2 HB311 Enrolled and safety.
Further, there shall be no requirement for local (e) Local review and approval of permit modifications Page 3 HB311 INTRODUCED the application of the plan for a modified existing solid waste management facility shall be required only for the following limited purposes:
(2) Converting an industrial landfill or a construction 95 and demolition landfill into a municipal solid waste landfill, or converting a construction and demolition landfill into an industrial landfill.
(3)(3)a. Adding acreage to the area of the solid waste management facility.
(4)Except Changingas theprovided modein ofparagraph transportationb., adding acreage to the area of the solid waste management facility's boundary in an amount equal to or less than 50 percent of the solidPage waste3 managementHB311 facility.Enrolled facility's existing boundary as specified in a resolution adopted by the local governing body, which shall also be subject to the public awareness requirements provided in Section 22-27-48.1(f)(1) and (2).
b.
Adding acreage to the area of the solid waste management facility's boundary in an amount greater than 50 percent of the facility's existing boundary as specified in a resolution adopted by the local governing body shall instead be subject to the requirements for the approval of an affected local government provided in Section 22-27-48.1.
95 (4) Changing the mode of transportation of solid waste to the solid waste management facility.
(e)(g) Any decision by the local governing body of a proposed modification of an existing solid waste management site or the proposal to contract for any services described in the solid waste management plan shall be made in a public Page 4 HB311 INTRODUCED meeting only after public notice of such application or proposal and an opportunity for public comment is provided.
(f)(h) In providing public notice of any proposed modification, the local government, at a minimum, shall hold at least one public hearing thereon, notice of the time and Page 4 HB311 Enrolled place of which shall be given by one publication in a newspaper of general circulation in the municipality and in the official gazette, if any, of the jurisdiction.
(g)(i) Any decision by the local governing body to approve or disapprove the siting of a new solid waste management facility shall be made in accordance with Section Page 5 HB311 INTRODUCED 27-22-48.1.
(i)(k) This section as amended by Act 2017-366 shall Page 5 HB311 Enrolled not apply to an application received by a local governing body prior to May 25, 2017, for a modification of an existing permitted solid waste management facility, or for a proposed new solid waste management facility." Section 2.
Page 6 HB311 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 25-Apr-23, as amended.
John Treadwell Clerk Senate 11-May-23 Passed Page 7
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Alan Baker · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 26 | 0 | 0 | 0 |
| Total | 100 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 24 | 0 | 0 | 1 |
| D | 8 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Not Voting |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 24 | 0 | 0 | 1 |
| D | 8 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Not Voting |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 25 | 0 | 0 | 1 |
| Total | 99 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 311 do?
- Solid waste management plans, to further provide for local government approval of permits
- Who sponsors HB 311?
- HB 311 is sponsored by Alan Baker (R).
- What is the current status of HB 311?
- This bill has been enacted into law. Introduced April 13, 2023. Enacted.
- Where can I track HB 311?
- Track HB 311 free on One Click Politics — get push/email alerts when it moves.
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