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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