HOUSE 3rd Reading Unamended March 30, 2011 HOUSE Amended 2nd Reading March 28, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0538.01 Gregg Fraser HOUSE BILL 11-1116 HOUSE SPONSORSHIP Szabo, Beezley, Bradford, Brown, Liston, Ramirez, Stephens, Swerdfeger SENATE SPONSORSHIP Brophy, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning the provision of waste services within the boundaries of local government entities. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Garbage, trash, and other waste collection services (waste services) can be provided by local governments, private persons, or a combination of the two within the boundaries of a local government. In addition, some cities require residents to pay for municipal waste services. The bill requires local governments to receive voter approval before providing, contracting to provide, or requiring residents of a local government to pay fees for waste services. The ballot is required to contain a description of the service to be provided and the cost of the service and must be submitted at an election at which other matters are being voted upon. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Requiring citizens to pay for waste services provided by a local government or a single provider can result in a decrease in service level and a substantial increase in costs to citizens; (b) Citizens should be allowed to vote on any changes mandated by a local government that affect the availability, cost, or service level of waste services where they live; (c) Statewide uniformity in the regulation of waste services provided at all levels of local government is necessary to protect citizens from being unfairly compelled to use or pay for waste services and to promote competition and efficiency in the provision of waste services; (d) The state traditionally regulates matters involving local government competition with private businesses in order to ensure that local governments do not subsidize their services with general revenue streams or otherwise compete unfairly with the private sector; (e) Private businesses that provide waste services within municipal limits also commonly provide services to residents of unincorporated areas. If a municipality can adopt an ordinance requiring its residents to use municipal services in preference to private services, it may no longer be economically feasible for private businesses to provide services to residents in unincorporated areas, who then may be left without access to waste services. (f) Article XX of the state constitution does not specifically commit the provision of waste services to local regulation; and (g) The provision of waste services within the limits of municipalities is a matter of statewide concern. SECTION 2. 30-15-401 (7.5) (a), Colorado Revised Statutes, is amended, and the said 30-15-401 (7.5) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 30-15-401. General regulations. (7.5) (a) Any requirement that municipal residents use or pay user charges for residential waste services pursuant to paragraph (a) of subsection (7) of this section may be affected by utilization of the initiative and referendum power reserved to the municipal electors in section 1 (9) of article V of the Colorado constitution. (c.5) Notwithstanding any other provision to the contrary and in addition to any other requirement provided by law, the governing body of a local government that chooses on or after the effective date of this paragraph (c.5) to provide residential waste services, contract with a waste hauler to provide residential waste services, or require the use of or the imposition of a fee for residential waste services in all or any portion of the boundaries of the local government, may do so only if any resident is allowed the option of not using such services at any time without penalty or after calling an election in which the proposition before the electorate shall be whether the local government shall be allowed to take such action. The ballot at an election conducted pursuant to this paragraph (c.5) shall include a description of the proposed service and the cost thereof. The ballot proposition shall be submitted at a general, coordinated, or special election at which other ballot issues or matters are also submitted to the voters of the local government for consideration. The ballot proposition shall not take effect until it is submitted to the registered electors residing in the area to be covered by the service and approved by a majority of those voting on the ballot. For purposes of this paragraph (c.5), "local government" means a town, city, county, home rule city, home rule county, city and county, home rule city and county, special district, or other local governmental entity with the authority to take the action for which voter approval is sought pursuant to this paragraph (c.5). Nothing in this paragraph (c.5) shall be construed: (I) To require a local government to obtain voter approval in accordance with the provisions of this paragraph (c.5) if, on the effective date of this paragraph (c.5), the local government provides residential waste services, contracts with a waste hauler to provide residential waste services, or requires the use of or the imposition of a fee for residential waste services in all or any portion of the boundaries of the local government; or (II) To affect the enforcement, renewal, extension, or modification of any contract relating to the provision of waste services in effect on the effective date of this paragraph (c.5). SECTION 3. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.