Text: HF02545 Text: HF02547 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2546 1 2 1 3 AN ACT 1 4 RELATING TO WASTE TIRES AND TIRE-DERIVED FUELS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 455D.11A, subsection 3, Code Supplement 1 9 1997, is amended to read as follows: 1 10 3. Financial assurance instruments may include instruments 1 11 such as cash or surety bond, a letter of credit in a form 1 12 prescribed by the department,ora secured trust fund, a 1 13 corporate guarantee, or a combination of such instruments and 1 14 guarantees sufficient to satisfy the requirements of 1 15 subsection 5. The department may request an annual audit, 1 16 which shall remain confidential, to be performed by a third 1 17 party. 1 18 Sec. 2. Section 455D.11A, subsection 5, Code Supplement 1 19 1997, is amended to read as follows: 1 20 5. Financial assurance shall be provided in the amounts as 1 21 follows: 1 22 a. For a waste tire collection or processing site 1 23initially permitted on or after July 1, 1992, the financial 1 24 assurance instrument for a waste tire collection site shall 1 25 provide coverage in an amount which is equivalent toeighty-1 26fivethirty-five cents per passenger tire equivalent collected 1 27 by the siteand theprior to July 1, 1998. The financial 1 28 assurance instrument for a waste tire processing site shall 1 29 provide coverage in an amount which is equivalent toeighty-1 30fivethirty-five cents per passenger tire equivalent collected 1 31 for processing by the site which is above the three-day 1 32 processing supply of tires for the site as determined by the 1 33 department. This paragraph shall take effect July 1, 1999. 1 34 b.For a waste tire collection or processing site in1 35existence prior to July 1, 1992, a waste tire collection site2 1shall provide a financial assurance instrument in an amount2 2which is eighty-five cents per additional tire collected after2 3July 1, 1992, and a waste tire processing site shall provide a2 4financial assurance instrument in an amount which is eighty-2 5five cents per additional tire collected for processing, above2 6the three-day processing supply of tires for the site as2 7determined by the department, after July 1, 1992.For a waste 2 8 tire collection or processing site, the financial assurance 2 9 instrument for a waste tire collection site shall provide 2 10 coverage in an amount which is equivalent to eighty-five cents 2 11 per passenger tire equivalent collected by the site on or 2 12 after July 1, 1998, and the financial assurance instrument for 2 13 a waste tire processing site shall provide coverage in an 2 14 amount which is equivalent to eighty-five cents per passenger 2 15 tire equivalent collected for processing by the site which is 2 16 above the three-day processing supply of tires for the site as 2 17 determined by the department. 2 18 Sec. 3. Section 455D.11E, Code 1997, is amended to read as 2 19 follows: 2 20 455D.11E USE BY REGENTS INSTITUTIONS OFWASTE TIRES TO2 21PRODUCETIRE-DERIVED FUELS AND OTHER BENEFICIAL USES OF WASTE 2 22 TIRES. 2 23 State board of regents institutions of higher education, 2 24 defined in section 262.7, are encouraged to use, to the 2 25 fullest extent practicable, waste tires for beneficial uses,2 26such as,including, but not limited to,producingthe 2 27 consumption of tire-derived fuels. Moneys shall be awarded 2 28 from the waste tire management fund, pursuant to section 2 29 455D.11C, subsection 2, to such an institution by the 2 30 department pursuant to section 455D.11C to offset additional 2 31 fuel, operation, and maintenance costs incurred in generating 2 32 heat, electricity, or poweron a British thermal unit2 33equivalent basisthrough the use of tire-derived fuel and for 2 34 the reimbursement of costs associated with mandated air 2 35 permits, regulatory fees, and emission or fuel testing 3 1 required to expand the institution's use of tire-derived fuel. 3 2 Moneys of not more than one hundred thousand dollars may be 3 3 awarded in the aggregate in a fiscal year to such institutions 3 4 to offsetany increased fuelcosts described in this section 3 5 which are associated with assisting the state's program to 3 6 dispose of waste tires in an environmentally sound manner, and 3 7 shall be available only to the extent that such moneys help to 3 8 reduce the number of waste tires in the state. Institutions 3 9 receiving moneys as described in this section shall not be 3 10 eligible to receive funding available in section 455D.11F. 3 11 Sec. 4. Section 455D.11F, Code 1997, is amended to read as 3 12 follows: 3 13 455D.11FTIRE PROCESSORSEND-USERS AWARDED MONEYS FOR 3 14PROCESSINGUSING PROCESSED WASTE TIRES. 3 15 1. As used in this section: 3 16 a. "End-user" means a facility, industry, utility, or 3 17 operation where processed waste tires are recycled, reused, or 3 18 consumed for energy recovery. 3 19a.b. "Passenger tire equivalent" means the physical 3 20 dimensions of a tire which has a rim diameter of sixteen and 3 21 one-half inches or less. 3 22b. "Site of end use" means a site where whole or processed3 23waste tires are permanently legally disposed of, recycled, or3 24reused.3 25 c. "Tire processor" means a person who reduces waste tires 3 26 into a processed form suitable for recycling or producing fuel 3 27 for energy or heat, or uses whole waste tires in any other 3 28 beneficial use as authorized by the department. "Tire 3 29 processor" does not mean a person who retreads tires or 3 30 processes and stores tires. 3 31 2.A tire processor whoAn end-user that annually 3 32processesrecycles, reuses, or consumes for energy recovery 3 33 more than two hundred fifty thousand processed waste tires, as3 34defined in section 455D.11, or the equivalent, at a processing3 35site as defined in section 455D.11 located within the state4 1 may be awarded moneys pursuant to section 455D.11C, subsection 4 2 2, from the waste tire management fund of not more thantwenty4 3 ten cents per passenger tire equivalent processed and 4 4 delivered to thesite of end useend-user, at a reimbursement 4 5 rate of no more than fifty percent of the costs incurred or 4 6 paid per ton by the end-user to receive the processed waste 4 7 tire materials. Moneys of not more than three hundred 4 8 thousand dollars for suchtire processorsend-user awards 4 9 shall be available in the aggregate in a fiscal year and shall 4 10 be disbursed by the department upon application and approval 4 11 to suchtire processorsend-users.A tire processorAn end- 4 12 user shall not receive more thantwentyone hundred fifty 4 13 thousand dollars from the waste tire management fund in a 4 14 fiscal year.A tire processor with a pending enforcement4 15action against the tire processor by the department is4 16ineligible to receive moneys while the enforcement action is4 17pending. A tire processorFunding allocations shall be made 4 18 proportionately between eligible end-users in the event that 4 19 funding requests exceed the total annual amount of moneys 4 20 available. Moneys shall be available only for waste tires 4 21 that have been generated from within the state and which are 4 22 processed by and received from a tire processor located within 4 23 the state. An end-user with a pending enforcement action 4 24 against the end-user by the department relating to sections 4 25 455D.11 through 455D.11H shall be ineligible for consideration 4 26 of reimbursement for any processed waste tire materials 4 27 recycled, reused, or consumed for energy recovery while the 4 28 enforcement action is pending. An end-user of processed waste 4 29 tire material is encouraged to use moneys awarded under this 4 30 subsection tolower the rates at which the tire processor4 31sellsincrease the purchase and consumption of processed 4 32 materials. 4 33 Sec. 5. Section 455D.11G, Code 1997, is amended to read as 4 34 follows: 4 35 455D.11G DISPOSAL FEE CHARGED BY RETAIL TIRE DEALER. 5 1 1. A retail tire dealer who currently charges a fee 5 2 relating to disposal of used tires is encouraged to include 5 3 the fee within the sales price of new tires. The practice by 5 4 retail tire dealers of adding the fee as a separate charge on 5 5 sales invoices is discouraged. 5 6 2. Notwithstanding any provision in this chapter, any 5 7 generator of waste tires who is identified as being a 5 8 contributor to the materials which are the object of an 5 9 abatement and who can document full compliance with this 5 10 chapter and administrative rules adopted pursuant to this 5 11 chapter in disposing of such waste tires shall not be liable 5 12 for any of the cost of recovery actions of the abatement. 5 13 Sec. 6. APPROPRIATION. There is appropriated from moneys 5 14 used for funding alternatives to landfills pursuant to section 5 15 455E.11, subsection 2, paragraph "a", subparagraph (1), to 5 16 Iowa state university of science and technology for the fiscal 5 17 year beginning July 1, 1998, and ending June 30, 1999, the 5 18 following amount, or so much thereof as is necessary, to be 5 19 used for the purposes designated: 5 20 For equipment and retrofitting the heating plant at the 5 21 university to burn tire derived fuel: 5 22 .................................................. $ 200,000 5 23 Notwithstanding section 8.33, moneys appropriated in this 5 24 section which remain unexpended or unobligated on June 30, 5 25 1999, shall not revert to the general fund of the state but 5 26 shall remain available for expenditure for the same purposes 5 27 in the succeeding fiscal year. 5 28 5 29 5 30 5 31 RON J. CORBETT 5 32 Speaker of the House 5 33 5 34 5 35 6 1 MARY E. KRAMER 6 2 President of the Senate 6 3 6 4 I hereby certify that this bill originated in the House and 6 5 is known as House File 2546, Seventy-seventh General Assembly. 6 6 6 7 6 8 6 9 ELIZABETH ISAACSON 6 10 Chief Clerk of the House 6 11 Approved , 1998 6 12 6 13 6 14 6 15 TERRY E. BRANSTAD 6 16 Governor
Text: HF02545 Text: HF02547 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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