Text: HF02155 Text: HF02157 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 422.43, subsection 8, Code Supplement 1 2 1997, is amended to read as follows: 1 3 8. All revenues arising under the operation of the 1 4 provisions of this section, except for those revenues arising 1 5 under subsection 13, shall become part of the state general 1 6 fund. 1 7 Sec. 2. Section 422.43, subsection 13, Code Supplement 1 8 1997, is amended by adding the following new paragraph: 1 9 NEW PARAGRAPH. c. All revenues arising under this 1 10 subsection shall be deposited in the solid waste account of 1 11 the groundwater protection fund and allocated to fund 1 12 alternatives to landfills pursuant to section 455E.11, 1 13 subsection 2, paragraph "a", subparagraph (1). 1 14 Sec. 3. Section 455B.301, Code 1997, is amended by adding 1 15 the following new subsections: 1 16 NEW SUBSECTION. 11A. "Municipal solid waste landfill" 1 17 means a sanitary landfill that is a discrete area of land or 1 18 an excavation that receives household waste, and that is not a 1 19 land application site, surface impoundment, injection well, or 1 20 waste pile, as those terms are defined under 40 C.F.R. part 1 21 257.2. A "municipal solid waste landfill" may also receive 1 22 other types of waste as defined under 40 C.F.R. subtitle D, 1 23 such as commercial solid waste, nonhazardous dry sludge, and 1 24 industrial solid waste. 1 25 NEW SUBSECTION. 21. "Transfer station" means a fixed or 1 26 mobile intermediate sanitary disposal project for transferring 1 27 loads of solid waste, with or without reduction of volume, to 1 28 another transportation unit. 1 29 Sec. 4. Section 455B.304, subsection 15, Code Supplement 1 30 1997, is amended to read as follows: 1 31 15. The commission shall adopt rules which require all 1 32 sanitarylandfillsdisposal projects in which the tonnage fee 1 33 pursuant to section 455B.310 is imposed, to install scales by 1 34 January 1, 1994. 1 35 Sec. 5. Section 455B.310, subsections 1, 2, 3, and 6, Code 2 1 1997, are amended to read as follows: 2 2 1. a. A tonnage fee is imposed on each ton of solid waste 2 3 generated or landfilled in the state. Operators of sanitary 2 4 landfills and operators of transfer stations shall pay the 2 5 tonnage fee as provided in this section. The tonnage fee 2 6 shall not be applied to the same solid waste more than once. 2 7 b. Except as provided in subsection 3, the operator of a 2 8 sanitary landfill which does not qualify under paragraph "d" 2 9 shall pay a tonnage fee to the department for each tonor2 10equivalent volumeof solid waste received and disposed of at 2 11 the sanitary landfill during the preceding reporting period. 2 12The department shall determine by rule the volume which is2 13equivalent to a ton of waste.2 14 c. The operator of a transfer station shall pay a tonnage 2 15 fee to the department for each ton of solid waste received by 2 16 the transfer station and transported from the transfer station 2 17 during the preceding reporting period for landfilling in a 2 18 sanitary landfill not paying the tonnage fee imposed under 2 19 this section. 2 20 d. The operator of a solid waste disposal facility with 2 21 special provisions which limit the site to disposal of 2 22 construction and demolition waste shall pay a tonnage fee to 2 23 the department for each ton of construction and demolition 2 24 waste received and disposed of at the disposal facility during 2 25 the preceding reporting period. An operator of a municipal 2 26 solid waste landfill with an area of the landfill which has 2 27 been designated exclusively for the disposal of construction 2 28 and demolition waste on plans and specifications approved by 2 29 the department shall be exempt through June 30, 2001, or for 2 30 the permitted life of the designated area, whichever occurs 2 31 first, from paying the tonnage fee provided for in this 2 32 paragraph if the municipal solid waste landfill meets one of 2 33 the following conditions: 2 34 (1) The area of the landfill, which has been designated 2 35 exclusively for the disposal of construction and demolition 3 1 waste based on plans and specifications approved by the 3 2 department, was in operation on December 1, 1997. 3 3 (2) The area of the landfill, which has been designated 3 4 exclusively for the disposal of construction and demolition 3 5 waste based on plans and specifications approved by the 3 6 department, was not in operation on December 1, 1997, but 3 7 applied to the department for an exemption prior to December 3 8 1, 1997. 3 9 2. The tonnage fee is four dollars and twenty-five cents 3 10 per ton of solid waste. 3 11 2A. If a sanitary landfill or transfer station required to 3 12 pay a tonnage fee under this section has an updated, 3 13 comprehensive plan approved by the department, the sanitary 3 14 landfill operator or transfer station operator shall retain, 3 15 in addition to the ninety-nine cents retained pursuant to 3 16 subsection 2B, twenty-five cents of the tonnage fee per ton of 3 17 solid waste received in the fiscal year beginning July 1, 3 18 1998, fifty cents of the tonnage fee per ton of solid waste 3 19 received in the fiscal year beginning July 1, 1999, seventy- 3 20 five cents of the tonnage fee per ton of solid waste received 3 21 in the fiscal year beginning July 1, 2000, and one dollar of 3 22 the tonnage fee per ton of solid waste received in the fiscal 3 23 year beginning July 1, 2001, and every year thereafter. Any 3 24 tonnage fees retained pursuant to this subsection shall be 3 25 used for waste reduction and recycling purposes. Any tonnage 3 26 fee retained pursuant to this subsection shall be taken from 3 27 that portion of the tonnage fee which would have been 3 28 allocated to funding alternatives to landfills pursuant to 3 29 section 455E.11, subsection 2, paragraph "a", subparagraph 3 30 (1). Tonnage fees retained under this subsection and section 3 31 455D.3, subsection 3, shall not exceed a total of one dollar 3 32 and seventy-five cents. 3 33 2B.Of that amount, ninety-fiveNinety-five cents of the 3 34 tonnage fee shall be retained by a city, county, or public or 3 35 private agency and used as follows: 4 1 a. To meet comprehensive planning requirements of section 4 2 455B.306, the development of a closure or postclosure plan, 4 3 the development of a plan for the control and treatment of 4 4 leachate including the preparation of facility plans and 4 5 detailed plans and specifications, and the preparation of a 4 6 financial plan. 4 7 b. Forty-five cents of the retained funds shall be used 4 8 for implementing waste volume reduction and recycling 4 9 requirements of comprehensive plans filed under section 4 10 455B.306. The funds shall be distributed to a city, county, 4 11 or public agency served by the sanitary disposal project. 4 12 Fees collected by a private agency which provides for the 4 13 final disposal of solid waste shall be remitted to the city, 4 14 county, or public agency served by the sanitary disposal 4 15 project. However, if a private agency is designated to 4 16 develop and implement the comprehensive plan pursuant to 4 17 section 455B.306, fees under this paragraph shall be retained 4 18 by the private agency. 4 19 c. For other environmental protectionand compliance4 20 activities. 4 21 d. Each sanitary landfill or transfer station owner or 4 22 operator shall submit a return to the department identifying 4 23 the use of all fees retained under thissubsectionsection 4 24 including the manner in which the fees were distributed. The 4 25 return shall be submitted concurrently with the return 4 26 required under subsection 5. 4 27 2C. Solid waste materials approved by the department for 4 28 lining or capping, or for construction berms, dikes, or roads 4 29 in a sanitary disposal project are exempt from the tonnage fee 4 30 imposed under this section. 4 31 3. Solid waste disposal facilities with special provisions 4 32 which limit the site to disposal ofconstruction and4 33demolition waste, landscape waste,coal combustion waste,and 4 34 foundry sand, and solid waste materials approved by the4 35department for lining or capping, or for construction berms,5 1dikes, or roads in a sanitary disposal project or sanitary5 2landfillare exempt from the tonnage fees imposed under this 5 3 section. However, solid waste disposal facilities under this 5 4 subsection are subject to the fees imposed pursuant to section 5 5 455B.105, subsection 11, paragraph "a". Notwithstanding the 5 6 provisions of section 455B.105, subsection 11, paragraph "b", 5 7 the fees collected pursuant to this subsection shall be used 5 8 by the department for the regulation of these solid waste 5 9 disposal facilities. 5 10 6. A person required to pay fees by this section who fails 5 11 or refuses to pay the fees imposed by this section or who 5 12 fails or refuses to provide the return required by this 5 13 section shall be assessed a penalty of two percent of the fee 5 14 due for each month the fee or return is overdue. The penalty 5 15 shall be paid in addition to the fee due. 5 16 Sec. 6. Section 455D.3, subsection 3, Code 1997, is 5 17 amended to read as follows: 5 18 3. Departmental monitoring. 5 19 a. By October 31, 1994, a planning area shall submit to 5 20 the department a solid waste abatement table which is updated 5 21 through June 30, 1994. By April 1, 1995, the department shall 5 22 report to the general assembly on the progress that has been 5 23 made by each planning area on attainment of the July 1, 1994, 5 24 twenty-five percent goal. 5 25 If at any time the department determines that a planning 5 26 area has met or exceeded the twenty-five percent goal, a 5 27 planning area shall subtract fifty cents from the total amount 5 28 of the tonnage fee imposed pursuant to section 455B.310,5 29subsection 2. The reduction in tonnage fees pursuant to this 5 30 paragraph shall be taken from that portion of the tonnage fees 5 31 which would have been allocated for funding alternatives to 5 32 landfills pursuant to section 455E.11, subsection 2, paragraph 5 33 "a", subparagraph (1). 5 34 If the department determines that a planning area has 5 35 failed to meet the July 1, 1994, twenty-five percent goal, the 6 1 planning area shall, at a minimum, implement the solid waste 6 2 management techniques as listed in subsection 4. Evidence of 6 3 implementation of the solid waste management techniques shall 6 4 be documented in subsequent comprehensive plans submitted to 6 5 the department. 6 6 b. By October 31, 2000, a planning area shall submit to 6 7 the department, a solid waste abatement table which is updated 6 8 through June 30, 2000. By April 1, 2001, the department shall 6 9 report to the general assembly on the progress that has been 6 10 made by each planning area on attainment of the July 1, 2000, 6 11 fifty percent goal. 6 12 If at any time the department determines that a planning 6 13 area has met or exceeded the fifty percent goal, the planning 6 14 area shall subtract fifty cents from the total amount of the 6 15 tonnage fee imposed pursuant to section 455B.310, subsection6 162. This amount shall be in addition to any amount subtracted 6 17 pursuant to paragraph "a" of this subsection. The reduction 6 18 in tonnage fees pursuant to this paragraph shall be taken from 6 19 that portion of the tonnage fees which would have been 6 20 allocated to funding alternatives to landfills pursuant to 6 21 section 455E.11, subsection 2, paragraph "a", subparagraph 6 22 (1). Except for fees required under subsection 4, paragraph 6 23 "a", a planning area failing to meet the fifty percent goal is 6 24 not required to remit any additional tonnage fees to the 6 25 department. 6 26 Sec. 7. Section 455E.11, subsection 2, paragraph a, 6 27 unnumbered paragraph 1, Code 1997, is amended to read as 6 28 follows: 6 29 Moneys received from the tonnage fee imposed under section 6 30 455B.310 from the taxes imposed under section 422.43, 6 31 subsection 13, and from other sources designated for 6 32 environmental protection purposes in relation to sanitary 6 33 disposal projects shall be deposited in the solid waste 6 34 account. Moneys shall be allocated as follows: 6 35 Sec. 8. RECYCLE IOWA. There is appropriated from the 7 1 general fund of the state to the department of natural 7 2 resources for the fiscal year beginning July 1, 1998, and 7 3 ending June 30, 1999, the following amount, or so much thereof 7 4 as is necessary, to be used for the purposes designated: 7 5 For operational support of the recycle Iowa office, 7 6 including salaries, support, maintenance, and miscellaneous 7 7 purposes: 7 8 .................................................. $ 400,000 7 9 Notwithstanding section 8.33, moneys appropriated by this 7 10 section which remain unobligated or unexpended on June 30, 7 11 1999, shall not revert to the general fund of the state but 7 12 shall be available for expenditure during the fiscal year 7 13 beginning July 1, 1999, for the same purposes. 7 14 Sec. 9. EDUCATION COORDINATOR. There is appropriated from 7 15 the general fund of the state to the department of natural 7 16 resources for the fiscal year beginning July 1, 1998, and 7 17 ending June 30, 1999, the following amount, or so much thereof 7 18 as is necessary, to be used for the purposes designated: 7 19 For establishing a waste reduction and recycling education 7 20 coordinator for identifying and promoting public and private 7 21 partnerships to maximize all available resources and for 7 22 ensuring that resources are available and accessible for local 7 23 waste reduction and recycling efforts, including salaries, 7 24 support, maintenance, miscellaneous purposes, and for not more 7 25 than the following full-time equivalent positions: 7 26 .................................................. $ 100,000 7 27 ............................................... FTEs 1.00 7 28 Notwithstanding section 8.33, moneys appropriated by this 7 29 section which remain unobligated or unexpended on June 30, 7 30 1999, shall not revert to the general fund of the state but 7 31 shall be available for expenditure during the fiscal year 7 32 beginning July 1, 1999, for the same purposes. 7 33 Sec. 10. The general assembly reiterates support for the 7 34 fifty percent waste stream reduction goal stated in section 7 35 455D.3 as a permanent, ongoing waste stream reduction goal for 8 1 the state. 8 2 EXPLANATION 8 3 This bill requires operators of sanitary landfills and 8 4 transfer stations to pay a tonnage fee for each ton of solid 8 5 waste generated or landfilled in the state. The tonnage fee 8 6 shall not be applied to the same solid waste twice. The bill 8 7 requires a tonnage fee to be paid by operators of transfer 8 8 stations for solid waste received by the transfer station and 8 9 transported for landfilling at a sanitary landfill not paying 8 10 the tonnage fee. Currently, only sanitary landfill operators 8 11 pay a tonnage fee for solid waste received by the sanitary 8 12 landfill. 8 13 The bill requires a tonnage fee to be paid by operators of 8 14 solid waste disposal facilities which limit disposal to 8 15 construction and demolition waste only. The bill allows the 8 16 exemption to continue through June 30, 2001, for certain 8 17 municipal solid waste landfills with an area designated 8 18 exclusively for the disposal of construction and demolition 8 19 waste. 8 20 The bill provides for the retention of a portion of the 8 21 tonnage fee by a sanitary landfill operator and a transfer 8 22 station operator if an updated, comprehensive plan has been 8 23 approved by the department. The amount of tonnage fee which 8 24 may be retained equals 25 cents in the fiscal year beginning 8 25 July 1, 1998, 50 cents in the fiscal year beginning July 1, 8 26 1999, 75 cents in the fiscal year beginning July 1, 2000, and 8 27 $1 in the fiscal year beginning July 1, 2001, and every year 8 28 thereafter. Retained tonnage fees must be used for waste 8 29 reduction and recycling purposes. Each sanitary landfill 8 30 operator and each transfer station operator must submit a 8 31 return to the department identifying the use of all fees 8 32 retained. The total amount of tonnage fees which may be 8 33 retained pursuant to this new provision and pursuant to the 8 34 waste reduction goal incentives is $1.75. 8 35 The bill requires that all revenues from the 5 percent tax 9 1 imposed upon the gross receipts from the sales, furnishing, or 9 2 service of solid waste collection and disposal service shall 9 3 be deposited in the solid waste account of the groundwater 9 4 protection fund and allocated to funding alternatives to 9 5 landfills. 9 6 The bill also makes changes relating to equivalent volume 9 7 measurements, fees for failing to provide returns to the 9 8 department, and certain materials exempt from imposition of 9 9 tonnage fees. 9 10 The bill appropriates $400,000 for operational support of 9 11 the recycle Iowa office and $100,000 for a waste reduction and 9 12 recycling education coordinator. Both appropriations are 9 13 available for expenditure for the fiscal year beginning July 9 14 1, 1998, and the fiscal year beginning July 1, 1999. 9 15 The bill reiterates support for the 50 percent waste stream 9 16 reduction goal and amends Code section 455D.3 by providing 9 17 that a planning area failing to meet the 50 percent reduction 9 18 goal shall not remit additional tonnage fees to the 9 19 department. 9 20 LSB 3118HH 77 9 21 tm/cf/24.2
Text: HF02155 Text: HF02157 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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