TO AMEND THE CERTIFICATE OF NEED REQUIRED TO OBTAIN A SOLID WASTE LANDFILL OR TRANSFER STATION PERMIT OR AN EXPANSION OF A SOLID WASTE LANDFILL OR TRANSFER STATION PERMIT.

2025 Regular Session Introduced by Robin Lundstrum and 1 co-sponsor

HB 1776 sought to streamline solid waste landfill permits in Arkansas, enhancing local input by defining host communities and requiring local resolutions for applications.

Died in House Committee at Sine Die adjournment.

Summary of House Bill 1776

Bill Number: HB 1776
Title: To Amend the Certificate of Need Required to Obtain a Solid Waste Landfill or Transfer Station Permit or an Expansion of a Solid Waste Landfill or Transfer Station Permit
Status: Died in House Committee at Sine Die adjournment
Introduced: March 13, 2025
Classification: Bill

Purpose and Intent

House Bill 1776 aimed to amend the existing regulations surrounding the Certificate of Need (CON) required for obtaining permits related to solid waste landfills and transfer stations in Arkansas. The bill sought to clarify definitions and procedural requirements to streamline the permitting process while ensuring local governmental input in decisions affecting solid waste management.

Key Provisions

The bill included several significant amendments to the Arkansas Code:

Definition of Host Community:

Introduced a new definition for "host community," identifying it as the closest governmental unit with zoning authority within a twelve-mile radius of the proposed site for a solid waste landfill or transfer station.

Certificate of Need Requirements:

Required applicants for solid waste landfill or transfer station permits to obtain a Certificate of Need from the relevant regional solid waste management board before submitting their application to the Division of Environmental Quality.
Exempted permits for landfills operated solely for waste generated by a private industry from the CON requirement.

Permit Application Process:

Stipulated that if more than four years elapsed from the issuance of the Certificate of Need while a permit application was pending, the applicant must submit a current Certificate of Need.
Mandated that the applicant's petition include a city council resolution or quorum court minute order reflecting the host community's decision regarding the permit.

Impact

The proposed changes aimed to enhance local governance and community involvement in solid waste management decisions. By defining the host community and requiring local governmental resolutions, the bill intended to ensure that the concerns of nearby residents and local authorities were considered in the permitting process.

Procedural Aspects

Legislative Timeline:

March 13, 2025: Bill filed and read for the first time.
March 13, 2025: Rules suspended, bill read a second time, and referred to the Public Health, Welfare and Labor Committee in the House.
May 5, 2025: Bill died in the House Committee at Sine Die adjournment, meaning it did not progress further in the legislative process.

Conclusion

While HB 1776 aimed to improve the regulatory framework for solid waste management in Arkansas by enhancing local input and clarifying procedural requirements, it ultimately did not advance beyond the committee stage. The bill's failure to progress reflects the complexities and challenges often faced in legislative processes concerning environmental regulations.