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 fiscalyearperiod beginning July 1,20022007, 1 4through the fiscal year beginning July 1, 2006and 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 1,20072016, 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.ThirtyForty=five percent of the moneys shall be used 1 18 for all of the following positions: 1 19 (1)OneTwo and one=quarter full=time equivalentposition1 20 positions for the administration of permits and registrations 1 21 for tire processing, storage, stockpile abatement, and hauling 1 22 activities, andtire program initiativesfor 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=halfTwo 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.TenFive 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.ThirtyTwenty percent of the moneys shall be used for 2 5market development initiatives for waste tiresimplementing 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