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House File 2511

Partial Bill History

Bill Text

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, or a 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 16 initially 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 to eighty-five fifty 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 in
  1 30 existence prior to July 1, 1992, a waste tire collection site
  1 31 shall provide a financial assurance instrument in an amount
  1 32 which is eighty-five cents per additional tire collected after
  1 33 July 1, 1992, and a waste tire processing site shall provide a
  1 34 financial assurance instrument in an amount which is eighty-
  1 35 five cents per additional tire collected for processing, above
  2  1 the three-day processing supply of tires for the site as
  2  2 determined 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 OF WASTE TIRES TO
  2 31 PRODUCE TIRE-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  1 such as, including, but not limited to, producing the
  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 power on a British thermal unit
  3  8 equivalent basis through 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 offset any increased fuel costs 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.11F  TIRE PROCESSORS END-USERS AWARDED MONEYS FOR
  3 24 PROCESSING USING 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 29    a. 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 32    b.  "Site of end use" means a site where whole or processed
  3 33 waste tires are permanently legally disposed of, recycled, or
  3 34 reused.
  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 who An end-user that annually
  4  7 processes recycles, reuses, or consumes for energy recovery
  4  8 more than two hundred fifty thousand processed waste tires, as
  4  9 defined in section 455D.11, or the equivalent, at a processing
  4 10 site as defined in section 455D.11 located within the state
  4 11 may be awarded moneys pursuant to section 455D.11C, subsection
  4 12 2, from the waste tire management fund of not more than twenty
  4 13 ten cents per passenger tire equivalent processed and
  4 14 delivered to the site of end use end-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 such tire processors end-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 such tire processors end-users.  A tire processor An end-
  4 22 user shall not receive more than twenty one hundred fifty
  4 23 thousand dollars from the waste tire management fund in a
  4 24 fiscal year.  A tire processor with a pending enforcement
  4 25 action against the tire processor by the department is
  4 26 ineligible to receive moneys while the enforcement action is
  4 27 pending.  A tire processor Funding 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 to lower the rates at which the tire processor
  5  6 sells increase 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
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Bills and Amendments: General Index     Bill History: General Index

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