Text: SF00273 Text: SF00275 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455B.305, Code 2003, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 7. Beginning July 1, 2003, the director
1 4 shall not issue a permit or renew or reissue a permit which
1 5 had been renewed or reissued prior to that date for a sanitary
1 6 landfill, unless and until the permit applicant, in
1 7 conjunction with all local governments using the landfill,
1 8 designs a plan to provide disposal services at no charge to
1 9 any organization certified pursuant to section 455B.305B.
1 10 Sec. 2. NEW SECTION. 455B.305B SOLID WASTE DIVERSION AND
1 11 RECYCLING CERTIFICATION.
1 12 1. The department shall administer a program to certify
1 13 organizations that demonstrate all of the following:
1 14 a. The organization has tax-exempt status under section
1 15 501(c)(3) of the Internal Revenue Code.
1 16 b. The organization is accredited by the commission on
1 17 accreditation of rehabilitation facilities.
1 18 c. The organization provides an estimated number of tons
1 19 of solid waste that will be diverted from landfill disposal by
1 20 the organization during one year.
1 21 d. The organization operates a solid waste diversion and
1 22 recycling program.
1 23 e. The organization diverts from landfill disposal at
1 24 least two thousand tons of solid waste on an annual basis.
1 25 2. The department shall provide a list of organizations
1 26 certified pursuant to this section to all sanitary landfills
1 27 in the state to be used for purposes of section 455B.305,
1 28 subsection 7.
1 29 3. An organization that is certified pursuant to this
1 30 section shall be required to apply for a renewal of
1 31 certification on an annual basis.
1 32 Sec. 3. Section 455D.3, Code 2003, is amended by adding
1 33 the following new subsection:
1 34 NEW SUBSECTION. 5. a. If a planning area accepts solid
1 35 waste from an organization certified pursuant to section
2 1 455B.305B during a calendar year, the planning area shall
2 2 subtract twenty cents per ton from the total amount of the
2 3 tonnage fee imposed pursuant to section 455B.310 during that
2 4 calendar year. The reduction in tonnage fees pursuant to this
2 5 subsection shall be taken from that portion of the tonnage
2 6 fees which would have been allocated for funding alternatives
2 7 to landfills pursuant to section 455E.11, subsection 2,
2 8 paragraph "a", subparagraph (1).
2 9 b. By January 15, 2006, the department shall file a report
2 10 with the general assembly evaluating the use of this
2 11 subsection since the effective date of this Act. The report
2 12 shall include all of the following:
2 13 (1) The total number of tons of solid waste accepted by
2 14 planning areas from organizations certified pursuant to
2 15 section 455B.305B since the effective date of this Act.
2 16 (2) The total number of organizations certified pursuant
2 17 to section 455B.305B since the effective date of this Act.
2 18 (3) The total amount of tonnage fees retained by planning
2 19 areas pursuant to this subsection since the effective date of
2 20 this Act.
2 21 (4) Any additional information deemed necessary by the
2 22 department in evaluating the use of this subsection.
2 23 Sec. 4. This Act is repealed June 30, 2006.
2 24 EXPLANATION
2 25 This bill relates to solid waste by placing restrictions on
2 26 the issuance or renewal of sanitary disposal project permits,
2 27 certifying certain tax-exempt organizations that operate solid
2 28 waste diversion and recycling programs, and allowing planning
2 29 areas to retain a portion of tonnage fees.
2 30 The bill provides that, beginning July 1, 2003, the
2 31 director of the department of natural resources shall not
2 32 issue a permit or renew or reissue a permit which had been
2 33 renewed or reissued prior to that date for a sanitary
2 34 landfill, unless and until the permit applicant designs a plan
2 35 to provide disposal services at no charge to any certified
3 1 organization. In order to be certified, the bill requires
3 2 that the organization demonstrate that the organization has
3 3 tax-exempt status under section 501(c)(3) of the Internal
3 4 Revenue Code, is accredited by the commission on accreditation
3 5 of rehabilitation facilities, provides an estimated number of
3 6 tons of solid waste that will be diverted from landfill
3 7 disposal by the organization during one year, operates a solid
3 8 waste diversion and recycling program, and diverts from
3 9 landfill disposal at least two thousand tons of solid waste on
3 10 an annual basis. The bill requires that the certification
3 11 must be renewed on an annual basis.
3 12 The bill provides that if a planning area accepts solid
3 13 waste from a certified organization during a calendar year,
3 14 the planning area shall subtract 20 cents per ton from the
3 15 total amount of the tonnage fees imposed during that calendar
3 16 year. The bill provides that the tonnage fees retained by the
3 17 planning area pursuant to this bill shall be taken from the
3 18 tonnage fees which would have been allocated for funding
3 19 alternatives to landfills under the solid waste account of the
3 20 groundwater protection fund.
3 21 The bill provides that, by January 15, 2006, the department
3 22 shall file a report with the general assembly evaluating the
3 23 use of the provisions in the bill. The bill provides that the
3 24 bill is repealed June 30, 2006.
3 25 LSB 2543SS 80
3 26 tm/sh/8
Text: SF00273 Text: SF00275 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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