House Study Bill 82 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            NATURAL RESOURCES BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the waste tire management fund and making
  2    appropriations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1400DP 82
  5 tm/sh/8

PAG LIN



  1  1    Section 1.  Section 321.52A, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  For the fiscal year period beginning July 1, 2002 2007,
  1  4 through the fiscal year beginning July 1, 2006 and ending June
  1  5 30, 2016, the treasurer of state shall deposit each fiscal
  1  6 year twenty percent of the moneys received under subsection 1
  1  7 in the waste tire management fund created in section 455D.11C
  1  8 and deposit the remainder in the road use tax fund.  For the
  1  9 fiscal year beginning July 1, 2007 2016, and each subsequent
  1 10 fiscal year, the treasurer of state shall deposit the entire
  1 11 amount of moneys received under subsection 1 in the road use
  1 12 tax fund.
  1 13    Sec. 2.  Section 455D.11C, subsection 2, Code 2007, is
  1 14 amended to read as follows:
  1 15    2.  Moneys in the waste tire management fund are
  1 16 appropriated and shall be used for the following purposes:
  1 17    a.  Thirty Forty=five percent of the moneys shall be used
  1 18 for all of the following positions:
  1 19    (1)  One Two and one=quarter full=time equivalent position
  1 20 positions for the administration of permits and registrations
  1 21 for tire processing, storage, stockpile abatement, and hauling
  1 22 activities, and tire program initiatives for administering
  1 23 programs and initiatives related to automotive switches
  1 24 containing mercury, automotive=related wastes, and illegal
  1 25 disposal of solid waste.
  1 26    (2)  One and one=half Two full=time equivalent positions
  1 27 for waste tire=related, other automotive=related waste, and
  1 28 illegal disposal of solid waste compliance checks and
  1 29 inspections.  The full=time equivalent positions shall be
  1 30 divided equally between the field offices in the state.
  1 31    b.  Ten Five percent of the moneys shall be used for a
  1 32 public education and awareness initiative related to the
  1 33 proper tire disposal options and environmental and health
  1 34 hazards posed by improper tire storage and disposal of other
  1 35 automotive=related wastes including automotive switches
  2  1 containing mercury, and to establish an outreach and
  2  2 compliance assistance effort that promotes best management
  2  3 practices for automotive salvage operations.
  2  4    c.  Thirty Twenty percent of the moneys shall be used for
  2  5 market development initiatives for waste tires implementing a
  2  6 public education and awareness initiative related to
  2  7 preventing littering and illegal dumping, and an outreach
  2  8 program directed at local governments to assist in
  2  9 establishing individual or joint illegal dumping prevention
  2 10 and enforcement programs.
  2 11    d.  Thirty percent of the moneys shall be used for waste
  2 12 tire stockpile abatement initiatives which would require a
  2 13 cost=share agreement with the landowner.
  2 14    Sec. 3.  UNENCUMBERED OR UNOBLIGATED MONEYS ==
  2 15 APPROPRIATION.  On July 1, 2007, any unencumbered or
  2 16 unobligated moneys distributed from the waste tire management
  2 17 fund pursuant to section 455D.11C, subsection 2, Code 2005,
  2 18 during the previous fiscal year shall revert to the waste tire
  2 19 management fund and shall be reallocated and appropriated
  2 20 pursuant to section 455D.11C, subsection 2, paragraph "a", as
  2 21 amended in this Act.  At the end of each fiscal year during
  2 22 the fiscal period beginning July 1, 2007, and ending June 30,
  2 23 2016, any unencumbered or unobligated moneys remaining in the
  2 24 waste tire management fund shall remain in the waste tire
  2 25 management fund and shall be available for expenditure during
  2 26 the succeeding fiscal year pursuant to section 455D.11C,
  2 27 subsection 2, as amended in this Act.
  2 28                           EXPLANATION
  2 29    This bill relates to the waste tire management fund.
  2 30    Currently, for the fiscal period beginning July 1, 2002,
  2 31 and ending June 30, 2007, 20 percent of all $5 surcharges on
  2 32 motor vehicle certificates of title are deposited in the waste
  2 33 tire management fund with the remaining amount deposited in
  2 34 the road use tax fund.  On and after July 1, 2007, all
  2 35 surcharge proceeds will be deposited in the road use tax fund.
  3  1    The bill extends the period of time that 20 percent of the
  3  2 surcharge is deposited in the waste tire management fund to
  3  3 June 30, 2016.
  3  4    The bill changes the allocations of moneys appropriated
  3  5 from the waste tire management fund.
  3  6    The bill provides that 45 percent of the moneys shall be
  3  7 used for two and one=quarter full=time equivalent positions
  3  8 for the administration of permits and registrations for tire
  3  9 processing, storage, stockpile abatement, and hauling
  3 10 activities, and, for administering programs and initiatives
  3 11 related to automotive switches containing mercury,
  3 12 automotive=related wastes, and illegal disposal of solid
  3 13 waste.  The 45 percent is also used for two full=time
  3 14 equivalent positions for waste tire=related, other
  3 15 automotive=related waste, and illegal disposal of solid waste
  3 16 compliance checks and inspections.
  3 17    The bill provides that 5 percent of the moneys shall be
  3 18 used for a public education and awareness initiative related
  3 19 to the proper tire disposal options and environmental and
  3 20 health hazards posed by improper tire storage and disposal of
  3 21 other automotive=related wastes including automotive switches
  3 22 containing mercury, and to establish an outreach and
  3 23 compliance assistance effort that promotes best management
  3 24 practices for automotive salvage operations.
  3 25    The bill provides that 20 percent of the moneys shall be
  3 26 used for implementing a public education and awareness
  3 27 initiative related to preventing littering and illegal
  3 28 dumping, and an outreach program directed at local governments
  3 29 to assist in establishing individual or joint illegal dumping
  3 30 prevention and enforcement programs.
  3 31    The bill provides that 30 percent of the moneys shall be
  3 32 used for waste tire stockpile abatement initiatives which
  3 33 would require a cost=share agreement with the landowner.
  3 34    The bill provides that on July 1, 2007, any unencumbered or
  3 35 unobligated moneys distributed from the waste tire management
  4  1 fund during the previous fiscal year shall revert to the waste
  4  2 tire management fund and shall be reallocated pursuant to the
  4  3 allocations provided in the bill.  The bill provides that at
  4  4 the end of each fiscal year during the fiscal period beginning
  4  5 July 1, 2007, and ending June 30, 2016, any unencumbered or
  4  6 unobligated moneys remaining in the waste tire management fund
  4  7 shall remain in the waste tire management fund and shall be
  4  8 available for expenditure during the succeeding fiscal year.
  4  9 LSB 1400DP 82
  4 10 tm:rj/sh/8.1