AN ACT LIMITING THE RATE THAT A SOLID WASTE MANAGEMENT DISTRICT MAY CHARGE A FAMILY RESIDENTIAL UNIT IN WHICH A HOME-BASED BUSINESS IS OPERATED; AMENDING SECTION 7-13-232, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 7-13-232, MCA, is amended to read:

"7-13-232. Determination of service charge. (1) The board may establish, by resolution, rates for service charges, which may not be less than the actual cost of providing services. For solid waste management districts other than joint districts, the rates must be subject to the approval of the county commissioners.

(2) Service charges may take into account:

(a) the character, kind, and quality of service; and

(b) the cost of providing the service, including but not limited to depreciation and the payment of principal and interest on money borrowed by the district for the acquisition and improvement of facilities and equipment.

(3) (a) Service charges may be assessed per family residential unit or based on the size of a vehicle used to dispose of the waste; the volume or weight of the waste; or the cost, incentives, or penalties applicable to waste management practices.

(b) The service charge assessed to a family residential unit in which a home-based business is operated may not exceed the service charge assessed to a family residential unit without a home-based business unless there is a finding by the solid waste management district or joint district that the family residential unit with a home-based business is generating at least 20% more waste than the average for family residential units in the district that do not contain home-based businesses.

(4) The initial rate for any solid waste management district or joint district may not exceed the rate provided in the resolution creating the district.

(5) Fees for mobile home park accounts must be paid by the registered owner of each mobile home in the mobile home park.

(6) A notice of intention to enact a resolution to increase rates must be published as provided in 7-1-4128, and the district shall hold a public hearing prior to the meeting at which the resolution is considered."

Section 2. Effective date. [This act] is effective on passage and approval.

Section 3. Applicability. [This act] applies to service charges assessed by solid waste management districts or joint solid waste districts after [the effective date of this act].

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I hereby certify that the within bill,

HB 0017, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 17

INTRODUCED BY B. LAWSON

AN ACT LIMITING THE RATE THAT A SOLID WASTE MANAGEMENT DISTRICT MAY CHARGE A FAMILY RESIDENTIAL UNIT IN WHICH A HOME-BASED BUSINESS IS OPERATED; AMENDING SECTION 7-13-232, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.