Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 1540
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 17-17-5, Mississippi Code of 1972, is amended as follows:
17-17-5. (1) After
December 31, 1992, the board of supervisors and/or municipal governing body
shall provide for the collection and disposal of garbage and the disposal of
rubbish. The board of supervisors and/or municipal governing body may provide
such collection or disposal services by contract with private or other
controlling agencies, and the service may include house-to-house service or the
placement of regularly serviced and controlled bulk refuse receptacles within
reasonable distance from the farthest affected household, and the wastes
disposed of in a manner acceptable to the department and within the meaning of
this chapter. The board of supervisors and/or municipal governing body * * *
may enter into contracts related in any manner to the collection and
transportation of solid wastes for a term of up to six (6) years * * *; however, for such contracts
executed on or after July 1, 2019, the board of supervisors and/or municipal
governing body may have the option to extend the contract by mutual consent of
the parties in one-year increments up to four (4) additional years without
advertising for proposals, as long as rate adjustments remain consistent with
the existing contract and the total term of the contract does not exceed ten
(10) years. The board of supervisors and/or municipal governing body may
enter into contracts related in any manner to the generation and sale of energy
generated from solid waste, and contracts for treatment, processing,
distribution, recycling, elimination or disposal of solid wastes for a term of
up to thirty (30) years. The municipal governing body of any municipality is
authorized to regulate the disposal of garbage and rubbish in sanitary
landfills, as provided in Section 21-19-1, Mississippi Code of 1972.
(2) In the event an unincorporated area which is annexed by a municipality is being provided collection and disposal of garbage and rubbish under contract with private or other controlling agencies, the municipality shall annex the area subject to the contract for the remainder of the term of the contract, but not to exceed five (5) years.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 17-17-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE BOARDS OF SUPERVISORS AND MUNICIPAL GOVERNING AUTHORITIES TO EXTEND CERTAIN CONTRACTS RELATED TO SOLID WASTES IN ONE-YEAR INCREMENTS FOR AN ADDITIONAL FOUR YEARS WITHOUT ADVERTISING FOR PROPOSALS, AS LONG AS RATE ADJUSTMENT REMAIN CONSISTENT WITH THE EXISTING CONTRACT AND THE TOTAL TERM OF THE CONTRACT DOES NOT EXCEED TEN YEARS; AND FOR RELATED PURPOSES.