Sponsor(s): Senator Ward

Summary/Synopsis: This bill would allow the governing bodies of all counties and municipalities in the state which are now or may hereafter be specifically designated in 40 C.F.R. Part 122, including but not limited to, any revisions promulgated by the Environmental Protection Agency (EPA) in conjunction with any expansion of the agency's municipal separate storm sewer system program or by the Alabama Department of Environmental Management (ADEM) pursuant to the authority delegated to it under the Clean Water Act, 33 U.S.C. Section 1251 et seq., the authority to carry out the requirements of the municipal separate storm sewer system program.

This bill would provide the governing bodies with the option to establish intercooperative public corporations for efficient compliance with applicable federal and state laws, rules, and regulations relating to storm water discharges into municipal separate storm sewers.

This bill would:
1 expressly limit the jurisdictional scope of certain local storm water management programs.
2 permit regulation of only those sites discharging storm water into a program's municipal separate storm sewer system.
3 acknowledge EPA's "maximum extent practicable" standard applicable to its municipal separate storm sewer system program.
4 require adherence by each county of the tenets of Section 111.05 of Article IV of the Constitution of Alabama of 1901, and the limited authorities of self-governance conferred upon counties pursuant to Chapters 3 and 3A of Title 11 of the Code of Alabama 1975.
5 expressly limit the substantive scope of certain local storm water management programs.
6 clearly delineate the type of fees, charges, or assessments a governing body and/or certain public corporations levy and from whom such fees, charges, or assessments shall be levied.
7 exempt discharges originating from any lands and/or facilities owned and/or operated by one or more entities under the jurisdiction and supervision of the Alabama Public Service Commission from regulation under any local storm water management program and declare that such discharges shall be regulated exclusively by ADEM.

League Action and Justification: Oppose. Among other concerns all local oversight is removed by this bill and there is no post construction review.

The bill weakens the ability of localities to manage storm water pollution by requiring them to rely on ADEM as much as possible and expressly limits them to only what is absolutely required to satisfy the Clean Water Act and not any interpretations provided by EPA. Also, entities regulated by the PSC are only to be regulated by ADEM. (There has been a request to EPA for over a year to remove ADEM from authority over permitting because of their inability to perform.)

None of the changes improve the bill from the localities' point of view. Ward's amendment makes it clear that Alabama Power construction is to be regulated by ADEM. .

Further, any commission non-jurisdictional electric supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries of a single municipal or county jurisdiction shall be exempted from the regulation of electrical transmission-related construction activities under any local storm water management program and shall be regulated exclusively by ADEM.”

Bill Progress in Legislature:

02/13/2014: First Reading and referred to the
03/05/2014: 2nd Read and placed on the calendar with 1 Substitute (158969-2); pending 3rd Read and Favorable from E&NR with 1 Substitute.

03/19/2014: 3rd Reading Passed; E&NR 1st Substitute (158969-2) Offered; Ward motion to Adopt adopted by Roll Call (26-0-0); Ward Amendment (160309-1) Offered; Ward motion to Adopt adopted by Roll Call (26-0-0); Motion to Read a 3rd Time and Pass adopted by Roll Call (26-0-0); Engrossed

House:

03/19/2014: Read for the first time and referred to the
3/20/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable rom C&SB

04/03/2014: 3RD Reading Passed; Motion to Read a 3rd Time and Pass Adopted by Roll Call (74-23-0)

Senate:

04/03/2014: Passed 2nd House; Enrolled

House:

04/03/2014: Signature Requested; Delivered to Governor at 7:15 p.m. on April 3, 2014

Sponsor(s): Representatives Baker, Davis, Faust, Jackson, Baughn, Shiver, McMillan, Drake, Harper, Weaver, Collins, Nordgren, Wallace, Jones, Lee, Chesteen and Merrill

Summary/Synopsis: This bill would amend Section 22-27-48, Code of Alabama 1975, relating to the process of obtaining a permit for solid waste disposal facilities, to require the local governing body to affirmatively approve an application for a new or modified permit for such a facility, and to require an applicant for a permit to submit a written document addressing specific criteria for consideration by the governing body.

League Action and Justification: Support.

Instead of automatically resulting in automatic approval if no action is taken within 90 days, the bill establishes automatic denial is not action is taken within 120 days [180 days in the Substitute bill.]. The information required with the filing would also be available to the public as well as the permitting authority.

The legislation is consistent with League positions on transparency and accountability in government. And, our environmental positions mandate support for preservation of the ecosystem and the public health.

Note: The Substitute bill also grandfathers in existing sites and existing sites seeking modifications.

Bill Progress in Legislature:

01/16/2014: Read for the first time and referred to the
02/06/2014: 2nd Read and placed on the Calendar with 1 Substitute (157134-5) and 3 Amendments (158104-1; 158113-1; 158114-1) from C&MG; pending 3rd Read and Favorable from C&MG with 1 Substitute and 3 Amendments

03/05/3014: 3rd Reading Passed; C&MG 1st Substitute (158104-1) Offered; Motion to Adopt adopted by Roll Call vote (99-0-0); C&MG Amendment #1 Offered (158104-1); Motion to Adopt adopted by Roll Call; C&MG Amendment 2nd Offered (158113-1); Motion to Adopt adopted by Roll Call; C&MG Amendment 3rd Offered (158114-1); Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call (88-9-1) ; Engrossed

Senate:

03/06/2014: Read for the first time in the Senate and referred to the
03/13/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CT&U

04/03/2014: 3rd Reading Carried Over; Keahey motion to Carry Over adopted by Voice Vote; 3rd Reading Passed; Pittman Amendment (161439-1) Offered; Motion to Adopt adopted by Roll Call (33-0-); Motion to Read a Third Time and Pass adopted by Roll Call (33-0-0)

Note: The Pittman Amendment’s main change was: ”If the local governing body has not affirmatively either approved or denied an application or proposal within the 120-day period, at the first meeting of the local governing body at which a quorum is present after the 120-day period, the application shall automatically be an action item on the agenda and shall be considered and disposed of as provided in the local governing body's adopted meeting procedures.”

HB375 Sponsor(s): Representatives Boothe and B. Moore
SB284 Sponsor(s): Senator Holley

Summary/Synopsis:  These bills require that plastic containers only be labeled “biodegradable” if they meet some federal standards. Additionally, they must be labeled “Not Recyclable, Do Not Recycle”.

League Action and Justification: Monitor.

LWVUS does support “reduce, reuse, and recycle” – and by requiring honest labeling of plastics that will break down over time, these league goals could be achieved. There is no specific League policy about biodegradable or compostable plastics. In fact, there is a lot of controversy (as well as a lack of technology or even long-term evaluation of the existing technology) about producing and disposing of biodegradable or compostable plastics. Some studies suggest that the use of corn in its production (and most such plastic is made of corn) could significantly reduce the food supply; others suggest that the methane and/or CO2 produced by this plastic in landfills will add significantly to the greenhouse effect; still others posit that the methane/CO2 production is a “wash”. The technology involved is very new and constantly changing.

Honest labeling (the Federal Trade Commission has issued the guidelines the bill requires) is important, as is the development of products that do not degrade the environment. Although these bills look like environmental bills, their potential for unintended consequences is high. They do not, for example, address the practical aspects of environmental protection or even of managing the waste stream. How many landfills are planning a compostable section for garbage that could safely become humus? And what happens to the biodegradable plastic cutlery which cannot be recycled and is placed in a landfill in a non-biodegradable plastic garbage bag? Who would see that it is disposed of more appropriately?

Bill Progress in Legislature:

HB375

01/30/2014: First Reading and referred to the
02/06/2014: 2nd Reading and placed on calendar; pending 3rd Reading and Favorable from C&SB

02/27/2014: 3rd Reading Indefinitely Postpones; Booth motion to Substitute SB284 for HB375 adopted by Voice Vote; Booth motion to Indefinitely Postpone Adopted by Voice Vote.

SB284

01/28/2014: First Reading and referred to the
02/06/2014: 2nd Read and place on the calendar; pending 3rd Reading and Favorable from E&NR

02/13/2014: 3rd Reading Carried Over to the Call of the Chair based on Holley motion and Voice Vote; Further Consideration

02/18/2014: 3rd Reading Passed; Motion to Read a 3rd Time and Pass Adopted by Roll Call (23-2-1); Pittman Motion to Reconsider Lost by Voice Vote

House:

02/20/2014: Read for the 1st Time and referred to the
02/26/2014: Read for the 2nd time and placed on the calendar

02/27/2014: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call Vote (98-0-0); Signature Requested

Senate:

Passed Second House; Enrolled. Assigned Act No. 2014-135.