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House File 2411

Partial Bill History

Bill Text

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

Text: HF02410                           Text: HF02412
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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