Text: HF02554 Text: HF02556 Text: HF02500 - HF02599 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). Revenues 1 14 deposited in the solid waste account pursuant to this 1 15 paragraph shall not exceed an annual amount of one million 1 16 three hundred thousand dollars. 1 17 Sec. 3. Section 455B.301, Code 1997, is amended by adding 1 18 the following new subsection: 1 19 NEW SUBSECTION. 21. "Transfer station" means a fixed or 1 20 mobile intermediate sanitary disposal project for transferring 1 21 loads of solid waste, with or without reduction of volume, to 1 22 another transportation unit. 1 23 Sec. 4. Section 455B.304, subsection 15, Code Supplement 1 24 1997, is amended to read as follows: 1 25 15. The commission shall adopt rules which require all 1 26 sanitarylandfillsdisposal projects in which the tonnage fee 1 27 pursuant to section 455B.310 is imposed, to install scalesby1 28January 1, 1994and utilize these scales to calculate payment 1 29 of the tonnage fee. 1 30 Sec. 5. Section 455B.310, subsections 1, 2, 3, and 6, Code 1 31 1997, are amended to read as follows: 1 32 1. a. A tonnage fee is imposed on each ton of solid waste 1 33 generated or landfilled in the state. Operators of sanitary 1 34 landfills and operators of transfer stations shall pay the 1 35 tonnage fee as provided in this section. The tonnage fee 2 1 shall not be applied to the same solid waste more than once. 2 2 b. Except as provided in subsection 3, the operator of a 2 3 sanitary landfill which does not qualify under paragraph "d" 2 4 shall pay a tonnage fee to the department for each tonor2 5equivalent volumeof solid waste received and disposed of at 2 6 the sanitary landfill during the preceding reporting period. 2 7The department shall determine by rule the volume which is2 8equivalent to a ton of waste.2 9 c. The operator of a transfer station shall pay a tonnage 2 10 fee to the department for each ton of solid waste received by 2 11 the transfer station and transported from the transfer station 2 12 during the preceding reporting period for landfilling in a 2 13 sanitary landfill not paying the tonnage fee imposed under 2 14 this section. 2 15 2. The tonnage fee is four dollars and twenty-five cents 2 16 per ton of solid waste. 2 17 2A. If a sanitary landfill or transfer station required to 2 18 pay a tonnage fee under this section has an updated, 2 19 comprehensive plan approved by the department, the sanitary 2 20 landfill operator or transfer station operator shall retain, 2 21 in addition to the ninety-five cents retained pursuant to 2 22 subsection 2B, twenty-five cents of the tonnage fee per ton of 2 23 solid waste received in the fiscal year beginning July 1, 2 24 1998, and fifty cents of the tonnage fee per ton of solid 2 25 waste received in the fiscal year beginning July 1, 1999, and 2 26 every year thereafter. In the fiscal year beginning July 1, 2 27 2000, and every year thereafter any planning area which meets 2 28 the statewide average as determined by the department on July 2 29 1, 2000, shall retain, in addition to the fifty cents retained 2 30 pursuant to this subsection, twenty-five cents of the tonnage 2 31 fee per ton of solid waste regardless of whether the planning 2 32 area subsequently fails to meet the statewide average. Any 2 33 tonnage fees retained pursuant to this subsection shall be 2 34 used for waste reduction and recycling purposes. Any tonnage 2 35 fee retained pursuant to this subsection shall be taken from 3 1 that portion of the tonnage fee which would have been 3 2 allocated to funding alternatives to landfills pursuant to 3 3 section 455E.11, subsection 2, paragraph "a", subparagraph 3 4 (1). 3 5 2B.Of that amount, ninety-fiveNinety-five cents of the 3 6 tonnage fee shall be retained by a city, county, or public or 3 7 private agency and used as follows: 3 8 a. To meet comprehensive planning requirements of section 3 9 455B.306, the development of a closure or postclosure plan, 3 10 the development of a plan for the control and treatment of 3 11 leachate including the preparation of facility plans and 3 12 detailed plans and specifications, and the preparation of a 3 13 financial plan. 3 14 b. Forty-five cents of the retained funds shall be used 3 15 for implementing waste volume reduction and recycling 3 16 requirements of comprehensive plans filed under section 3 17 455B.306. The funds shall be distributed to a city, county, 3 18 or public agency served by the sanitary disposal project. 3 19 Fees collected by a private agency which provides for the 3 20 final disposal of solid waste shall be remitted to the city, 3 21 county, or public agency served by the sanitary disposal 3 22 project. However, if a private agency is designated to 3 23 develop and implement the comprehensive plan pursuant to 3 24 section 455B.306, fees under this paragraph shall be retained 3 25 by the private agency. 3 26 c. For other environmental protectionand compliance3 27 activities. 3 28 d. Each sanitary landfill or transfer station owner or 3 29 operator shall submit a return to the department identifying 3 30 the use of all fees retained under thissubsectionsection 3 31 including the manner in which the fees were distributed. The 3 32 return shall be submitted concurrently with the return 3 33 required under subsection 5. 3 34 2C. Solid waste materials approved by the department for 3 35 lining or capping, or for construction berms, dikes, or roads 4 1 in a sanitary disposal project are exempt from the tonnage fee 4 2 imposed under this section. 4 3 3. Solid waste disposal facilities with special provisions 4 4 which limit the site to disposal of construction and 4 5 demolition waste,landscape waste,coal combustion waste, or 4 6 foundry sand, and solid waste materials approved by the4 7department for lining or capping, or for construction berms,4 8dikes, or roads in a sanitary disposal project or sanitary4 9landfillare exempt from the tonnage fees imposed under this 4 10 section. However, solid waste disposal facilities under this 4 11 subsection are subject to the fees imposed pursuant to section 4 12 455B.105, subsection 11, paragraph "a". Notwithstanding the 4 13 provisions of section 455B.105, subsection 11, paragraph "b", 4 14 the fees collected pursuant to this subsection shall be 4 15 deposited in the solid waste account as established in section 4 16 455E.11, subsection 2, paragraph "a", to be used by the 4 17 department for the regulation of these solid waste disposal 4 18 facilities. 4 19 6. A person required to pay fees by this section who fails 4 20 or refuses to pay the fees imposed by this section or who 4 21 fails or refuses to provide the return required by this 4 22 section shall be assessed a penalty of two percent of the fee 4 23 due for each month the fee or return is overdue. The penalty 4 24 shall be paid in addition to the fee due. 4 25 Sec. 6. Section 455D.3, subsection 3, Code 1997, is 4 26 amended to read as follows: 4 27 3. DEPARTMENTAL MONITORING. 4 28 a. By October 31, 1994, a planning area shall submit to 4 29 the department a solid waste abatement table which is updated 4 30 through June 30, 1994. By April 1, 1995, the department shall 4 31 report to the general assembly on the progress that has been 4 32 made by each planning area on attainment of the July 1, 1994, 4 33 twenty-five percent goal. 4 34 If at any time the department determines that a planning 4 35 area has met or exceeded the twenty-five percent goal, a 5 1 planning area shall subtract fifty cents from the total amount 5 2 of the tonnage fee imposed pursuant to section 455B.310,5 3subsection 2. The reduction in tonnage fees pursuant to this 5 4 paragraph shall be taken from that portion of the tonnage fees 5 5 which would have been allocated for funding alternatives to 5 6 landfills pursuant to section 455E.11, subsection 2, paragraph 5 7 "a", subparagraph (1). 5 8 If the department determines that a planning area has 5 9 failed to meet the July 1, 1994, twenty-five percent goal, the 5 10 planning area shall, at a minimum, implement the solid waste 5 11 management techniques as listed in subsection 4. Evidence of 5 12 implementation of the solid waste management techniques shall 5 13 be documented in subsequent comprehensive plans submitted to 5 14 the department. 5 15 b. By October 31, 2000, a planning area shall submit to 5 16 the department, a solid waste abatement table which is updated 5 17 through June 30, 2000. By April 1, 2001, the department shall 5 18 report to the general assembly on the progress that has been 5 19 made by each planning area on attainment of the July 1, 2000, 5 20 fifty percent goal. 5 21 If at any time the department determines that a planning 5 22 area has met or exceeded the fifty percent goal, the planning 5 23 area shall subtract fifty cents from the total amount of the 5 24 tonnage fee imposed pursuant to section 455B.310, subsection5 252. This amount shall be in addition to any amount subtracted 5 26 pursuant to paragraph "a" of this subsection. The reduction 5 27 in tonnage fees pursuant to this paragraph shall be taken from 5 28 that portion of the tonnage fees which would have been 5 29 allocated to funding alternatives to landfills pursuant to 5 30 section 455E.11, subsection 2, paragraph "a", subparagraph 5 31 (1). Except for fees required under subsection 4, paragraph 5 32 "a", a planning area failing to meet the fifty percent goal is 5 33 not required to remit any additional tonnage fees to the 5 34 department. 5 35 Sec. 7. Section 455E.11, subsection 2, paragraph a, 6 1 unnumbered paragraph 1, Code 1997, is amended to read as 6 2 follows: 6 3 Moneys received from the tonnage fee imposed under section 6 4 455B.310, from the taxes imposed under section 422.43, 6 5 subsection 13, and from other sources designated for 6 6 environmental protection purposes in relation to sanitary 6 7 disposal projects shall be deposited in the solid waste 6 8 account. Moneys shall be allocated as follows: 6 9 Sec. 8. The general assembly reiterates support for the 6 10 fifty percent waste stream reduction goal stated in section 6 11 455D.3 as a permanent, ongoing waste stream reduction goal for 6 12 the state. 6 13 Sec. 9. EFFECTIVE DATE. Sections 1, 2, and 7 relating to 6 14 revenues from the five percent tax imposed upon the gross 6 15 receipts from the sale, furnishing, or service of solid waste 6 16 collection and disposal service shall take effect on July 1, 6 17 1999. 6 18 EXPLANATION 6 19 This bill requires operators of sanitary landfills and 6 20 transfer stations to pay a tonnage fee for each ton of solid 6 21 waste generated or landfilled in the state. The tonnage fee 6 22 shall not be applied to the same solid waste twice. The bill 6 23 requires a tonnage fee to be paid by operators of transfer 6 24 stations for solid waste received by the transfer station and 6 25 transported for landfilling at a sanitary landfill not paying 6 26 the tonnage fee. Currently, only sanitary landfill operators 6 27 pay a tonnage fee for solid waste received by the sanitary 6 28 landfill. 6 29 The bill provides for the retention of a portion of the 6 30 tonnage fee by a sanitary landfill operator and a transfer 6 31 station operator if an updated, comprehensive plan has been 6 32 approved by the department. The amount of tonnage fee which 6 33 may be retained equals 25 cents in the fiscal year beginning 6 34 July 1, 1998, 50 cents in the fiscal year beginning July 1, 6 35 1999, and every year thereafter. In the fiscal year beginning 7 1 July 1, 2000, and every year thereafter, any planning area 7 2 which meets the statewide average as determined by the 7 3 department on July 1, 2000, shall retain, in addition to the 7 4 50 cents retained, 25 cents of the tonnage fee per ton of 7 5 solid waste regardless of whether the planning area 7 6 subsequently fails to meet the statewide average. Retained 7 7 tonnage fees must be used for waste reduction and recycling 7 8 purposes. Each sanitary landfill operator and each transfer 7 9 station operator must submit a return to the department 7 10 identifying the use of all fees retained. 7 11 The bill requires that up to $1.3 million per year from the 7 12 revenues from the 5 percent tax imposed upon the gross 7 13 receipts from the sales, furnishing, or service of solid waste 7 14 collection and disposal service shall be deposited in the 7 15 solid waste account of the groundwater protection fund and 7 16 allocated to funding alternatives to landfills. 7 17 The bill also makes changes relating to equivalent volume 7 18 measurements, fees for failing to provide returns to the 7 19 department, and certain materials exempt from imposition of 7 20 tonnage fees. 7 21 The bill reiterates support for the 50 percent waste stream 7 22 reduction goal and amends Code section 455D.3 by providing 7 23 that a planning area failing to meet the 50 percent reduction 7 24 goal shall not remit additional tonnage fees to the 7 25 department. 7 26 The bill provides that the bill sections relating to the 7 27 revenues from the 5 percent tax imposed on the gross receipts 7 28 from the sale, furnishing, or service of solid waste 7 29 collection and disposal service shall take effect on July 1, 7 30 1999. 7 31 LSB 3118HZ 77 7 32 tm/cf/24
Text: HF02554 Text: HF02556 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Apr 22 03:43:03 CDT 1998
URL: /DOCS/GA/77GA/Legislation/HF/02500/HF02555/980413.html
jhf