NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Williams

 

DATE TYPED:

03/07/03

 

HB

737/aHTRC

 

SHORT TITLE:

Municipality Yard Waste Fees

 

SB

 

 

 

ANALYST:

Padilla

 

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

 

Indeterminate but minimal– see narrative

 

Recurring

City Governments

 

 

 

 

 

(Parenthesis ( ) Indicate Revenue Decreases)

 

Duplicates SB 601

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

Environment Department

Attorney General’s Office

 

SUMMARY

 

     Synopsis of HTRC Amendment

 

The House Taxation and Revenue Committee amendment adds a definition of “yard waste” to current statute, thereby clarifying some confusion in the original bill.

   

 Synopsis of Original Bill

 

House Bill 737 amends the Municipal Code to allow municipalities that provide for the collection and disposal of yard waste to charge a fee.  The fee would apply to persons owning or controlling real property.  

 

 

     Significant Issues

 

Existing statute allows municipalities to charge fees for “refuse” collection and disposal.  It is unclear why “yard waste” cannot be considered “refuse” and treated as such with regard to disposal fees.  NMED notes that municipalities may currently elect to collect yard trimmings along with regular residential refuse, thereby not require special handling. 

 

FISCAL IMPLICATIONS

 

If municipalities are currently incurring expenses for the collection and disposal of yard waste that are not covered by the refuse collection fee they are authorized to collect, this bill would help them cover those expenses.

 

DUPLICATION

 

The bill duplicates SB 601.

 

OTHER SUBSTANTIVE ISSUES

 

NMED notes that the bill does not encourage municipalities to compost the yard waste that is collected.  Many cities in the U.S. are taking such waste materials and treating it as a resource for their composting systems.

 

TECHNICAL ISSUES

 

The Attorney General’s office recommends including a definition section to define and/or distinguish “yard waste” and “refuse.”

 

LP/njw:sb