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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1141 By: Fetgatter
AS INTRODUCED
An Act relating to environment and natural resources;
allowing a county or municipality to create a
landfill utilization district; req uiring a vote of
the people; providing election procedure; describing
district limits; levying an annual fee; requiring the
annual fee to be used for certain operations;
prohibiting certain fees for use; defining term;
providing for codification; and provi ding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-2001 of Title 27A, unless
there is created a d uplication in numbering, reads as follows:
A. The governing body of a county or municipality which owns a
landfill may initiate the creation of a landfill utilization
district by the adoption of a resolution calling for the question of
whether to organize a landfill utilization district to be placed
before the registered voters of the county or municipality. The
resolution shall be submitted to registered voters of the county or
municipality at a special or general election. The costs of an
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election to establish a hazard mitigation assessment district shall
be paid by the county as determined by the county election board
conducting the countywide special or general election.
B. The election to determine whether a district shall be
established, and the not ice thereof, shall be conducted in the same
manner as other county or municipal questions. The notice shall
require the registered voters of the county to cast ballots which
contain the words:
1. "Landfill Utilization District - Yes"; and
2. "Landfill Utilization District - No",
or words equivalent thereto. All residents of the county or
municipality who are qualified electors shall be qualified to vote
on the proposition. The election shall be conducted in accordance
with the general or special electi on laws of the state, and the
regular election officials shall be in charge at the usual polling
place of each regular precinct, or part of a precinct, which shall
include lands within the boundaries of the county or municipality.
C. A landfill utilizati on district shall include all
territories located within the county or municipality.
D. There shall be levied an annual fee no greater than the
total of the immediately preceding annual operating expenses of any
county- or municipal-owned landfills located within the district
when divided and equally levied on each property within the
district.
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E. The proceeds of the annual fee shall be used for the general
operations of any county- or municipal-owned landfill within the
district and for the utilization o f the landfill by the residents of
the district. The county or municipality shall not charge a fee for
use to a resident of the district.
F. As used in this section, "landfill" shall mean any site or
facility at which solid waste is disposed and issued a permit for
solid or hazardous waste disposal by the Department of Environmental
Quality pursuant to the Solid Waste Management Act.
SECTION 2. This act shall become effective November 1, 2021.
58-1-7139 AMM 01/12/21