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PAG LIN 1 1 Section 1. Section 321.52A, Code Supplement 1995, is 1 2 amended to read as follows: 1 3 321.52A CERTIFICATE OF TITLE SURCHARGE. 1 4 1. In addition to the fee required for the issuance of a 1 5 certificate of title under section 321.20, 321.20A, 321.23, 1 6 321.42, 321.46, 321.47, 321.48, 321.50, or 321.52, a surcharge 1 7 of five dollars shall be required. Of each surcharge 1 8 collected under those sections, the county treasurer shall 1 9 remit five dollars to the office of treasurer of state for 1 10 depositin the general fund of the stateas set forth in 1 11 subsection 2. 1 12 2. For the fiscal year beginning July 1, 1996, the 1 13 treasurer of state shall deposit one million five hundred 1 14 thousand dollars of moneys received under subsection 1 in the 1 15 waste tire management fund created in section 455D.11C, and 1 16 deposit the remainder in the general fund of the state. For 1 17 the fiscal year beginning July 1, 1997, the treasurer of state 1 18 shall deposit two million five hundred thousand dollars of 1 19 moneys received under subsection 1 in the waste tire 1 20 management fund, and deposit the remainder in the general fund 1 21 of the state. For the fiscal year beginning July 1, 1998, and 1 22 the fiscal year beginning July 1, 1999, the treasurer of state 1 23 shall deposit three million five hundred thousand dollars of 1 24 moneys received under subsection 1 in the waste tire 1 25 management fund, and deposit the remainder in the general fund 1 26 of the state. For the fiscal year beginning July 1, 2000, the 1 27 treasurer of state shall deposit two million five hundred 1 28 thousand dollars of the moneys received under subsection 1 in 1 29 the waste tire management fund, and one million dollars in the 1 30 road use tax fund, with the remainder deposited in the general 1 31 fund of the state. For the fiscal year beginning July 1, 1 32 2001, the treasurer of state shall deposit one million five 1 33 hundred thousand dollars of moneys received under subsection 1 1 34 in the waste tire management fund, and three million dollars 1 35 in the road use tax fund, with the remainder deposited in the 2 1 general fund of the state. For the fiscal year beginning July 2 2 1, 2002, and each subsequent fiscal year, the treasurer of 2 3 state shall deposit the entire amount of moneys received under 2 4 subsection 1 in the road use tax fund. 2 5 Sec. 2. Section 455D.11, Code 1995, is amended by adding 2 6 the following new subsection: 2 7 NEW SUBSECTION. 8. The department shall adopt rules 2 8 relating to the storage and disposal of nonpneumatic tires and 2 9 processed tires. 2 10 Sec. 3. NEW SECTION. 455D.11C WASTE TIRE MANAGEMENT 2 11 FUND. 2 12 1. A waste tire management fund is created within the 2 13 state treasury. Moneys received from each five dollar 2 14 surcharge on the issuance of a certificate of title shall be 2 15 deposited as provided in section 321.52A, subsection 2. 2 16 Notwithstanding section 8.33, any unexpended balance in the 2 17 fund at the end of each fiscal year shall be retained in the 2 18 fund. Notwithstanding section 12C.7, any interest or earnings 2 19 on investments from moneys in the fund shall be credited to 2 20 the fund. Moneys from the fund that are expended by the 2 21 department in closing or bringing into compliance a waste tire 2 22 collection site pursuant to section 455D.11A and later 2 23 recouped by the department shall be credited to the fund. 2 24 2. Moneys in the waste tire management fund are 2 25 appropriated and shall be used for the following purposes: 2 26 a. Fifty thousand dollars shall be allocated each fiscal 2 27 year to the department to administer the waste tire management 2 28 fund. This amount shall be allocated to the department each 2 29 fiscal year before other moneys from the waste tire management 2 30 fund are awarded pursuant to this subsection. 2 31 b. The awarding of contracts by the department for 2 32 bringing waste tire collection sites or existing stockpiles of 2 33 waste tires into compliance with section 455D.11, or 2 34 processing waste tires from existing waste tire collection 2 35 sites or existing stockpiles of waste tires. 3 1 c. The awarding of moneys to boards of supervisors of 3 2 counties pursuant to section 455D.11D. 3 3 d. The awarding of moneys to state board of regents 3 4 institutions pursuant to section 455D.11E. 3 5 e. The awarding of moneys to tire processors pursuant to 3 6 section 455D.11F. 3 7 3. Notwithstanding any other provision of law, three 3 8 hundred thousand dollars shall be transferred on August 1, 3 9 1996, from the hazardous substance remedial fund created in 3 10 section 455B.423 to the waste tire management fund. Moneys 3 11 received in the waste tire management fund pursuant to section 3 12 321.52A shall be paid quarterly beginning on July 1, 1997, to 3 13 the hazardous substance remedial fund until the amount of 3 14 three hundred thousand dollars has been paid to the hazardous 3 15 substance remedial fund. 3 16 Sec. 4. NEW SECTION. 455D.11D WASTE TIRE MANAGEMENT – 3 17 GRANT PROGRAM. 3 18 1. The department shall establish a waste tire management 3 19 grant program to promote the safe collection and disposal of 3 20 waste tires at the local community level. The program shall 3 21 consist of all of the following: 3 22 a. Evaluation and approval or denial of grant applications 3 23 in accordance with the criteria developed by the department 3 24 for grants for local waste tire management programs. 3 25 b. Allocation of grant moneys from the waste tire 3 26 management fund created in section 455D.11C to boards of 3 27 supervisors of participating counties or to designees of each 3 28 board including, but not limited to, public or private 3 29 entities for which a grant is approved for use in establishing 3 30 and administering local waste tire management programs. 3 31 2. Moneys, if available from the waste tire management 3 32 fund shall be used in the waste tire management program in the 3 33 following amounts: for the fiscal year beginning July 1, 3 34 1996, seven hundred thousand dollars; for each fiscal year 3 35 during the fiscal period beginning July 1, 1997, and ending 4 1 June 30, 2001, one million dollars; and for the fiscal year 4 2 beginning July 1, 2001, seven hundred thousand dollars. 4 3 3. The department shall approve or deny grant applications 4 4 submitted by boards of supervisors of participating counties. 4 5 a. Grant moneys shall be allocated to a participating 4 6 county based upon the population of the county as documented 4 7 in the 1990 census as follows: 4 8 (1) Participating counties with populations of less than 4 9 sixty thousand shall each be allocated grant moneys not to 4 10 exceed fifteen thousand dollars. 4 11 (2) Participating counties with populations of sixty 4 12 thousand but less than one hundred ten thousand shall each be 4 13 allocated grant moneys not to exceed thirty thousand dollars. 4 14 (3) Participating counties with populations of one hundred 4 15 ten thousand one but less than two hundred thousand shall each 4 16 be allocated grant moneys not to exceed fifty thousand 4 17 dollars. 4 18 (4) Participating counties with populations of two hundred 4 19 thousand or more shall each be allocated grant moneys not to 4 20 exceed sixty-five thousand dollars. 4 21 The department may award additional grant moneys to a 4 22 county with special waste tire concerns or problems. 4 23 b. The program shall require that boards of supervisors of 4 24 participating counties submit an annual application for 4 25 participation by August 14. Applications shall be approved or 4 26 denied by October 1, in accordance with the criteria developed 4 27 by the department, and moneys shall be allocated by January 1 4 28 of the subsequent year. 4 29 c. Grant moneys shall be allocated to the board of 4 30 supervisors of a participating county for which an application 4 31 has been approved for the establishment and implementation of 4 32 local waste tire management programs. 4 33 d. Each county participating in the grant program shall 4 34 designate a site or sites for the collection of waste tires, 4 35 which shall accept waste tires without charge in accordance 5 1 with local waste tire management programs. 5 2 e. Each county participating in the grant program is 5 3 encouraged to promote local waste tire management programs, to 5 4 encourage nonprofit organization and private entity 5 5 participation, and to generate local funding for 5 6 supplementation of the grant moneys awarded. The board of 5 7 supervisors of a participating county or designees of the 5 8 board may establish limitations regarding the numbers and 5 9 types of waste tires collected and the entities from which a 5 10 site is required to accept waste tires. 5 11 f. Each board of supervisors of a participating county 5 12 shall submit an annual report to the department which shall 5 13 include an itemization of expenditures, a report of the volume 5 14 of waste tires collected, and recommendations for improvement 5 15 in the grant program and other information requested by the 5 16 department in the grant application form. 5 17 g. Moneys which are not expended but which are encumbered 5 18 at the end of each year may be retained by the county if the 5 19 county submits an application for continued grant approval. 5 20 If a county does not receive continued approval of local waste 5 21 tire management programs and unexpended and unencumbered 5 22 moneys remain, the county shall remit the moneys to the 5 23 treasurer of state for deposit in the waste tire management 5 24 fund. 5 25 Sec. 5. NEW SECTION. 455D.11E USE BY REGENTS 5 26 INSTITUTIONS OF WASTE TIRES TO PRODUCE TIRE-DERIVED FUELS AND 5 27 FOR OTHER BENEFICIAL USES. 5 28 State board of regents institutions of higher education, 5 29 defined in section 262.7, are encouraged to use, to the 5 30 fullest extent practicable, waste tires for beneficial uses, 5 31 such as, but not limited to, producing tire-derived fuels. 5 32 Moneys shall be awarded from the waste tire management fund, 5 33 pursuant to section 455D.11C, subsection 2, to such an 5 34 institution by the department pursuant to section 455D.11C to 5 35 offset additional fuel costs incurred in generating heat, 6 1 electricity, or power on a British thermal unit equivalent 6 2 basis. Moneys of not more than one hundred thousand dollars 6 3 may be awarded in the aggregate in a fiscal year to such 6 4 institutions to offset any increased fuel costs associated 6 5 with assisting the state's program to dispose of waste tires 6 6 in an environmentally sound manner, and shall be available 6 7 only to the extent that such moneys help to reduce the number 6 8 of waste tires in the state. 6 9 Sec. 6. NEW SECTION. 455D.11F TIRE PROCESSORS AWARDED 6 10 MONEYS FOR PROCESSING WASTE TIRES. 6 11 1. As used in this section: 6 12 a. "Passenger tire equivalent" means the physical 6 13 dimensions of a tire which has a rim diameter of sixteen and 6 14 one-half inches or less. 6 15 b. "Site of end use" means a site where whole or processed 6 16 waste tires are permanently legally disposed of, recycled, or 6 17 reused. 6 18 c. "Tire processor" means a person who reduces waste tires 6 19 into a processed form suitable for recycling or producing fuel 6 20 for energy or heat, or uses whole waste tires in any other 6 21 beneficial use as authorized by the department. "Tire 6 22 processor" does not mean a person who retreads tires or 6 23 processes and stores tires. 6 24 2. A tire processor who annually processes more than two 6 25 hundred fifty thousand waste tires, as defined in section 6 26 455D.11, or the equivalent, at a processing site as defined in 6 27 section 455D.11 located within the state may be awarded moneys 6 28 pursuant to section 455D.11C, subsection 2, from the waste 6 29 tire management fund of not more than twenty cents per 6 30 passenger tire equivalent processed and delivered to the site 6 31 of end use. Moneys of not more than three hundred thousand 6 32 dollars for such tire processors shall be available in the 6 33 aggregate in a fiscal year and shall be disbursed by the 6 34 department upon application and approval to such tire 6 35 processors. A tire processor shall not receive more than 7 1 twenty thousand dollars from the waste tire management fund in 7 2 a fiscal year. A tire processor with a pending enforcement 7 3 action against the tire processor by the department is 7 4 ineligible to receive moneys while the enforcement action is 7 5 pending. A tire processor is encouraged to use moneys awarded 7 6 under this subsection to lower the rates at which the tire 7 7 processor sells processed materials. 7 8 Sec. 7. NEW SECTION. 455D.11G DISPOSAL FEE CHARGED BY 7 9 RETAIL TIRE DEALER. 7 10 A retail tire dealer who currently charges a fee relating 7 11 to disposal of used tires is encouraged to include the fee 7 12 within the sales price of new tires. The practice by retail 7 13 tire dealers of adding the fee as a separate charge on sales 7 14 invoices is discouraged. 7 15 Sec. 8. NEW SECTION. 455D.11H REPEAL. 7 16 Sections 455D.11C, 455D.11D, 455D.11E, 455D.11F, 455D.11G, 7 17 and this section are repealed effective July 1, 2002. 7 18 Sec. 9. RULES. The department shall adopt rules to allow 7 19 beneficial uses of whole or processed waste tires in 7 20 consultation with a committee consisting of a member of the 7 21 Iowa society of solid waste operators, a member from a major 7 22 farm organization, a member from the Iowa state association of 7 23 counties, a member from the consulting engineers council, and 7 24 two members who are actively engaged in tire processing. The 7 25 rules shall include, but need not be limited to, the 7 26 appropriate beneficial uses of whole or processed waste tires 7 27 for the construction of erosion control structures, French 7 28 drains, drainage structures, leachate recovery systems, septic 7 29 system drainage fields, road bases, culverts, field crossings, 7 30 or intakes, or agricultural or construction uses, including, 7 31 but not limited to, weight or tie downs, fences, or waterways, 7 32 or other uses where the intended purpose is to produce a 7 33 beneficial product or an end use. The committee shall review 7 34 and consider available scientific engineering research on 7 35 methods of beneficially using whole or processed waste tires. 8 1 This section is repealed effective June 30, 1998. 8 2 Sec. 10. SEVERABILITY. If any provision of this Act or 8 3 any application of this Act to any person or circumstances is 8 4 held invalid, such invalidity shall not affect other 8 5 provisions or applications of this Act which can be given 8 6 effect without the invalid provision or application, and to 8 7 this end the provisions of this Act are severable. 8 8 HF 2433 8 9 kah/pk/25
Text: HF02432 Text: HF02434 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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