Text: HF02510 Text: HF02512 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455D.11A, subsection 3, Code Supplement 1 2 1997, is amended to read as follows: 1 3 3. Financial assurance instruments may include instruments 1 4 such as cash or surety bond, a letter of credit in a form 1 5 prescribed by the department,ora secured trust fund, a 1 6 corporate guarantee, or a combination of such instruments and 1 7 guarantees sufficient to satisfy the requirements of 1 8 subsection 5. The department may request an annual audit, 1 9 which shall remain confidential, to be performed by a third 1 10 party. 1 11 Sec. 2. Section 455D.11A, subsection 5, Code Supplement 1 12 1997, is amended to read as follows: 1 13 5. Financial assurance shall be provided in the amounts as 1 14 follows: 1 15 a. For a waste tire collection or processing site 1 16initially permitted on or after July 1, 1992, other than a 1 17 site located underground and holding a grain warehouse 1 18 license, the financial assurance instrument for a waste tire 1 19 collection site shall provide coverage in an amount which is 1 20 equivalent toeighty-fivefifty cents per passenger tire 1 21 equivalent collected by the site prior to January 1, 1998, and 1 22 eighty-five cents per passenger tire equivalent collected by 1 23 the site on or after January 1, 1998, and the financial 1 24 assurance instrument for a waste tire processing site shall 1 25 provide coverage in an amount which is equivalent to eighty- 1 26 five cents per passenger tire equivalent collected for 1 27 processing by the site which is above the three-day processing 1 28 supply of tires for the site as determined by the department. 1 29 b.For a waste tire collection or processing site in1 30existence prior to July 1, 1992, a waste tire collection site1 31shall provide a financial assurance instrument in an amount1 32which is eighty-five cents per additional tire collected after1 33July 1, 1992, and a waste tire processing site shall provide a1 34financial assurance instrument in an amount which is eighty-1 35five cents per additional tire collected for processing, above2 1the three-day processing supply of tires for the site as2 2determined by the department, after July 1, 1992.For a waste 2 3 tire collection or processing site located underground and 2 4 holding a grain warehouse license, the financial assurance 2 5 instrument for a waste tire collection site shall provide 2 6 coverage in an amount which is equivalent to thirty-five cents 2 7 per passenger tire equivalent collected by the site prior to 2 8 January 1, 1998, and fifty-five cents per passenger tire 2 9 equivalent collected by the site on or after January 1, 1998. 2 10 Sec. 3. Section 455D.11C, subsection 1, Code 1997, is 2 11 amended to read as follows: 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. The 2 24 department shall have the authority to obtain personal or real 2 25 property from parties responsible for the creation, 2 26 management, or ownership of waste tire collection and 2 27 stockpile sites. 2 28 Sec. 4. Section 455D.11E, Code 1997, is amended to read as 2 29 follows: 2 30 455D.11E USE BY REGENTS INSTITUTIONS OFWASTE TIRES TO2 31PRODUCETIRE-DERIVED FUELS AND OTHER BENEFICIAL USES OF WASTE 2 32 TIRES. 2 33 State board of regents institutions of higher education, 2 34 defined in section 262.7, are encouraged to use, to the 2 35 fullest extent practicable, waste tires for beneficial uses,3 1such as,including, but not limited to,producingthe 3 2 consumption of tire-derived fuels. Moneys shall be awarded 3 3 from the waste tire management fund, pursuant to section 3 4 455D.11C, subsection 2, to such an institution by the 3 5 department pursuant to section 455D.11C to offset additional 3 6 fuel, operation, and maintenance costs incurred in generating 3 7 heat, electricity, or poweron a British thermal unit3 8equivalent basisthrough the use of tire-derived fuel and for 3 9 the reimbursement of costs associated with mandated air 3 10 permits, regulatory fees, and emission or fuel testing 3 11 required to expand the institution's use of tire-derived fuel. 3 12 Moneys of not more than one hundred thousand dollars may be 3 13 awarded in the aggregate in a fiscal year to such institutions 3 14 to offsetany increased fuelcosts described in this section 3 15 which are associated with assisting the state's program to 3 16 dispose of waste tires in an environmentally sound manner, and 3 17 shall be available only to the extent that such moneys help to 3 18 reduce the number of waste tires in the state. Institutions 3 19 receiving moneys as described in this section shall not be 3 20 eligible to receive funding available in section 455D.11F. 3 21 Sec. 5. Section 455D.11F, Code 1997, is amended to read as 3 22 follows: 3 23 455D.11FTIRE PROCESSORSEND-USERS AWARDED MONEYS FOR 3 24PROCESSINGUSING PROCESSED WASTE TIRES. 3 25 1. As used in this section: 3 26 a. "End-user" means a facility, industry, utility, or 3 27 operation where processed waste tires are recycled, reused, or 3 28 consumed for energy recovery. 3 29a.b. "Passenger tire equivalent" means the physical 3 30 dimensions of a tire which has a rim diameter of sixteen and 3 31 one-half inches or less. 3 32b. "Site of end use" means a site where whole or processed3 33waste tires are permanently legally disposed of, recycled, or3 34reused.3 35 c. "Tire processor" means a person who reduces waste tires 4 1 into a processed form suitable for recycling or producing fuel 4 2 for energy or heat, or uses whole waste tires in any other 4 3 beneficial use as authorized by the department. "Tire 4 4 processor" does not mean a person who retreads tires or 4 5 processes and stores tires. 4 6 2.A tire processor whoAn end-user that annually 4 7processesrecycles, reuses, or consumes for energy recovery 4 8 more than two hundred fifty thousand processed waste tires, as4 9defined in section 455D.11, or the equivalent, at a processing4 10site as defined in section 455D.11 located within the state4 11 may be awarded moneys pursuant to section 455D.11C, subsection 4 12 2, from the waste tire management fund of not more thantwenty4 13 ten cents per passenger tire equivalent processed and 4 14 delivered to thesite of end useend-user, at a reimbursement 4 15 rate of no more than fifty percent of the costs incurred or 4 16 paid per ton by the end-user to receive the processed waste 4 17 tire materials. Moneys of not more than three hundred 4 18 thousand dollars for suchtire processorsend-user awards 4 19 shall be available in the aggregate in a fiscal year and shall 4 20 be disbursed by the department upon application and approval 4 21 to suchtire processorsend-users.A tire processorAn end- 4 22 user shall not receive more thantwentyone hundred fifty 4 23 thousand dollars from the waste tire management fund in a 4 24 fiscal year.A tire processor with a pending enforcement4 25action against the tire processor by the department is4 26ineligible to receive moneys while the enforcement action is4 27pending. A tire processorFunding allocations shall be made 4 28 proportionately between eligible end-users in the event that 4 29 funding requests exceed the total annual amount of moneys 4 30 available. Moneys shall be available only for waste tires 4 31 that have been generated from within the state and which are 4 32 processed by and received from a tire processor located within 4 33 the state. An end-user with a pending enforcement action 4 34 against the end-user by the department relating to sections 4 35 455D.11 through 455D.11H shall be ineligible for consideration 5 1 of reimbursement for any processed waste tire materials 5 2 recycled, reused, or consumed for energy recovery while the 5 3 enforcement action is pending. An end-user of processed waste 5 4 tire material is encouraged to use moneys awarded under this 5 5 subsection tolower the rates at which the tire processor5 6sellsincrease the purchase and consumption of processed 5 7 materials. 5 8 Sec. 6. Section 455D.11G, Code 1997, is amended to read as 5 9 follows: 5 10 455D.11G DISPOSAL FEE CHARGED BY RETAIL TIRE DEALER. 5 11 1. A retail tire dealer who currently charges a fee 5 12 relating to disposal of used tires is encouraged to include 5 13 the fee within the sales price of new tires. The practice by 5 14 retail tire dealers of adding the fee as a separate charge on 5 15 sales invoices is discouraged. 5 16 2. Notwithstanding any provision in this chapter, any 5 17 generator of waste tires who is identified as being a 5 18 contributor to the materials which are the object of an 5 19 abatement and who can document full compliance with this 5 20 chapter and administrative rules adopted pursuant to this 5 21 chapter in disposing of such waste tires shall not be liable 5 22 for any of the cost of recovery actions of the abatement. 5 23 Sec. 7. APPROPRIATION. There is appropriated from moneys 5 24 used for funding alternatives to landfills pursuant to section 5 25 455E.11, subsection 2, paragraph "a", subparagraph (1), to 5 26 Iowa state university of science and technology for the fiscal 5 27 year beginning July 1, 1998, and ending June 30, 1999, the 5 28 following amount, or so much thereof as is necessary, to be 5 29 used for the purposes designated: 5 30 For equipment and retrofitting the heating plant at the 5 31 university to burn tire derived fuel: 5 32 .................................................. $ 200,000 5 33 Notwithstanding section 8.33, moneys appropriated in this 5 34 section which remain unexpended or unobligated on June 30, 5 35 1999, shall not revert to the general fund of the state but 6 1 shall remain available for expenditure for the same purposes 6 2 in the succeeding fiscal year. 6 3 EXPLANATION 6 4 This bill amends Code section 455D.11A relating to 6 5 financial assurance for waste tires by amending what 6 6 constitutes a financial instrument. The bill amends Code 6 7 section 455D.11A relating to the amount of financial assurance 6 8 which must be provided with special provisions for a waste 6 9 tire collection or processing site located underground and 6 10 holding a grain warehouse license. The bill amends Code 6 11 section 455D.11C relating to the waste tire management fund by 6 12 authorizing the department of natural resources to obtain 6 13 personal or real property from parties responsible for the 6 14 creation, management, or ownership of waste tire collection 6 15 and stockpile sites. 6 16 The bill provides that state board of regents institutions 6 17 are encouraged to consume waste tires for tire-derived fuels. 6 18 The bill allows for money to be awarded to institutions from 6 19 the waste tire management fund to offset additional fuel, 6 20 operation, and maintenance costs incurred in generating heat, 6 21 electricity, or power through the use of tire-derived fuel and 6 22 for the reimbursement of costs associated with mandated air 6 23 permits, regulatory fees, and emission or fuel testing 6 24 required to expand the institution's use of tire-derived 6 25 fuels. Institutions receiving these moneys shall not be 6 26 eligible to receive moneys under Code section 455D.11F. 6 27 Currently, Code section 455D.11F relates to the awarding to 6 28 tire processors of moneys for processing waste tires. The 6 29 bill amends this section to provide for the awarding to end- 6 30 users of moneys from the waste tire management fund for the 6 31 use of processed waste tires. The bill defines an end-user as 6 32 a facility, industry, utility, or operation where processed 6 33 waste tires are recycled, reused, or consumed for energy 6 34 recovery. The bill provides that an end-user who annually 6 35 recycles, reuses, or consumes more than 250,000 processed 7 1 waste tires may be awarded moneys of not more than 10 cents 7 2 per passenger tire equivalent processed and delivered to the 7 3 end-user at a reimbursement rate of no more than 50 percent of 7 4 the costs incurred or paid per ton by the end-user to receive 7 5 the processed waste tires. An end-user shall not be awarded 7 6 more than $150,000 in a fiscal year. Award allocations shall 7 7 be made proportionately between eligible end-users in the 7 8 event that funding requests exceed the total annual amount of 7 9 moneys available. The bill provides that moneys shall only be 7 10 available for waste tires generated within the state and which 7 11 are processed by and received from a tire processor located 7 12 within the state. An end-user with a pending enforcement 7 13 action against the end-user by the department of natural 7 14 resources relating to Code sections 455D.11 through 455D.11H 7 15 shall be ineligible for consideration of receiving moneys for 7 16 waste tire materials which are recycled, reused, or consumed 7 17 while the enforcement action is pending. The bill provides 7 18 that end-users are encouraged to use moneys awarded to 7 19 increase the purchase and consumption of processed materials. 7 20 The bill provides that a generator of waste tires who is 7 21 identified as being a contributor to the materials which are 7 22 the object of an abatement is not liable for any of the costs 7 23 of recovery actions of the abatement if the generator can 7 24 document full compliance with Code chapter 455D. 7 25 The bill appropriates $200,000 from moneys used for funding 7 26 alternatives to landfills to Iowa state university for 7 27 equipment and retrofitting the heating plant at the university 7 28 to burn tire-derived fuel. 7 29 LSB 3271HV 77 7 30 tm/sc/14.1
Text: HF02510 Text: HF02512 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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