Notwithstanding any other provision of law to the contrary, the Shelby County Commission may use a portion of any funds or revenues from the operation and use of any sanitary landfill operated by the county, including, but not limited to, funds in or credited to its reserve account on the effective date of this amendment, for the provision of potable water and water service in the county and for capital improvement projects deemed advisable by the county commission, provided the county commission makes a determination that the funds are not needed for the operation and implementation of its solid waste disposal program.