A BILL TO BE ENTITLED
AN ACT to FACILITATE SOLID WASTE REDUCTION, REUSE, AND RECYCLING PROGRAMS AT LARGE VENUES AND LARGE EVENTS.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 2A of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑309.09E.  Responsibility to provide recycling at large public events and large public venues.
(a)	As used in this section, the following definitions apply:
(1)	Individual. – A person who works at, or attends, a large venue or large event, or a customer who is seated or served at the large venue or large event.
(2)	Large event. – An event that charges an admission price, or is operated by a unit of local government, and serves an average of more than 500 individuals per day of operation of the event, including, but not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event, including, but not limited to, a sporting event or a flea market.
(3)	Large venue. – A venue facility that annually seats or serves an average of more than 500 individuals within the grounds of the venue facility per day of operation of the venue facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.
(4)	Operator. – The person or entity that sponsors the local event or that has control of the premises of the venue facility under the terms of a lease or otherwise.
(5)	Venue facility. – A facility that is open to or attracts the public. Venue facility includes a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.
(b)	The Department shall:
(1)	Make available one or more model ordinances that are suitable for modification by a unit of local government and that may be adopted by a unit of local government to facilitate solid waste reduction, reuse, and recycling programs at large venues and large events in accordance with the requirements of this section.
(2)	While developing the model ordinance under subdivision (1) of this subsection, consult with representatives of the North Carolina League of Municipalities, the North Carolina Association of County Commissioners, recyclers, private and public solid waste services and appropriate personnel involved with the operation and management of large venues and large events.
(3)	Post information on the Department's Internet Web site on the solid waste reduction, reuse, and recycling programs for implementation by operators of large venues and large events to decrease solid waste and increase diversion of recyclable materials.
(4)	Post information on the Department's Internet Web site for local agencies with examples of solid waste reduction, reuse, and recycling programs.
(c)	The unit of local government shall:
(1)	When issuing a permit to an operator of a large venue or large event, provide information to the operator on programs that can be implemented to reduce, reuse, and recycle solid waste materials generated at the venue or event and provide contact information about where solid waste materials may be donated, recycled, or composted. This information may include providing information directing the operator of the large venue or large event to the Department's Web site or any other appropriate Web site included by the unit of local government, direct mailings, brochures, or other relevant literature.
(2)	Beginning October 1, 2010, and annually thereafter, provide the Department with an estimate and description of the top ten percent (10%) of large venues and large events within its jurisdiction, based upon amount of solid waste generated, as submitted by operators of large venues and large events pursuant to subsection (e) of this section. To the extent that the information is readily available to the unit of local government, the information shall include the name, location, and a brief description of the venue or event, a brief description of the types of wastes generated, types, and estimated amount of materials disposed and diverted, by weight, and existing solid waste reduction, reuse, and recycling programs that the operator of the large venue or large event utilizes to reduce, reuse, and recycle the solid waste. This information shall be reported to the Department as a part of the unit of local government's annual report submitted pursuant to G.S. 130A‑309.09A.
(d)	The Department shall evaluate the solid waste reduction, reuse, and recycling rates and implementation of waste reduction, reuse, and recycling plans in the top ten percent (10%) of large venues and large events as reported by each unit of local government pursuant to subdivision (2) of subsection (c) of this section. If the Department, upon reviewing this information, determines that less than seventy‑five percent (75%) of the solid waste reduction, reuse, and recycling plans for the large venues and large events have been prepared or implemented to meet their waste reduction, reuse, and recycling rates developed pursuant to subsection (f) of this section, according to the schedule determined pursuant to subdivision (2) of subsection (f) of this section, the Department shall recommend to the General Assembly those statutory changes needed to require operators of large venues and large events to implement waste reduction, reuse, and recycling plans.
(e)	On or before July 1, 2010, and annually thereafter, each operator of a large venue or large event shall submit to the unit of local government written documentation of waste reduction, reuse, recycling, and diversion programs, if any, implemented at the large venue or large event and the type and weight of materials diverted and disposed at that large venue or large event. If the operator of a large venue or large event cannot implement a program as provided in the solid waste reduction, reuse, and recycling plan, the operator shall include a brief explanation for the delay as part of its report to the unit of local government.
(f)	On or before July 1, 2010, and every even‑numbered year thereafter, the operator of a large venue or large event shall meet with recyclers and with the solid waste enterprise that provides solid waste handling services to the large venue or large event, whether by an exclusive franchise with the unit of local government, or by a permit, contract, or nonexclusive franchise, to determine the solid waste reduction, reuse, and recycling programs that are appropriate for the large venue or large event. In determining feasible solid waste reduction, reuse, and recycling programs, the operator may do any of the following:
(1)	Develop solid waste reduction, reuse, and recycling rates and a solid waste reduction, reuse, and recycling plan that would achieve those solid waste reduction, reuse, and recycling rates.
(2)	Determine a time line for implementation of the solid waste reduction, reuse, and recycling plan and solid waste reduction, reuse, and recycling rates.
(g)	The Department shall provide technical assistance and tools to implement this section to the extent feasible under existing financial resources. This technical assistance may include model documents, training, research on solid waste management best practices, cost reduction, and innovative products to assist local agencies and operators of large venues and large events to develop and implement effective solid waste reduction, reuse, and recycling plans and rates.
(h)	A unit of local government may charge and collect a fee from an operator of a large venue or large event in order to recover the unit of local government's estimated costs incurred in complying with this section."
SECTION 2.  This act becomes effective October 1, 2009.