House Study Bill 267 HOUSE FILE BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON D. OLSON) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to a waste tire stewardship and management fund 2 and making appropriations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2674HC 83 5 tm/rj/14 PAG LIN 1 1 Section 1. Section 455D.11, subsection 2, Code 2009, is 1 2 amended to read as follows: 1 3 2. Land disposal of waste tires is prohibited beginning 1 4 July 1,1991, unless the tire has been processed in a manner 1 5 established by the department. A sanitary landfill shall not 1 6 refuse to accept a waste tire which has been properly 1 7 processed2009. 1 8 Sec. 2. Section 455D.11C, Code 2009, is amended by 1 9 striking the section and inserting in lieu thereof the 1 10 following: 1 11 455D.11C. WASTE TIRE STEWARDSHIP AND MANAGEMENT FUND. 1 12 1. a. A waste tire stewardship and management fund is 1 13 created within the state treasury. Beginning July 1, 2009, a 1 14 stewardship fee of one dollar per tire shall be charged for 1 15 each new tire sold at retail within the state. The 1 16 stewardship fee shall not be charged for a tire bought for 1 17 purposes of resale. The stewardship fee shall be added to the 1 18 total cost of the new tire after the applicable sales taxes 1 19 have been computed. Tires not subject to the stewardship fee 1 20 shall include used tires, recapped tires, and tires for 1 21 bicycles. 1 22 b. The department of revenue shall administer, collect, 1 23 and enforce the stewardship fee authorized pursuant to this 1 24 section. 1 25 c. A retailer shall remit the stewardship fees to the 1 26 department of revenue on a quarterly basis pursuant to rules 1 27 adopted by the department of revenue. The department of 1 28 revenue shall remit all revenue collected under the provisions 1 29 of this section to the treasurer of state for deposit in the 1 30 waste tire stewardship and management fund. All revenue 1 31 credited to the fund are appropriated to the department of 1 32 natural resources for the purposes provided in subsection 2. 1 33 d. Notwithstanding section 8.33, moneys appropriated in 1 34 this section that remain unencumbered or unobligated at the 1 35 close of the fiscal year shall not revert but shall remain 2 1 available for expenditure for the purposes designated until 2 2 the close of the succeeding fiscal year. Notwithstanding 2 3 section 12.7, any interest or earnings on investments from 2 4 moneys in the fund shall be credited to the fund. 2 5 e. Moneys from the fund that are expended by the 2 6 department in closing or bringing into compliance a waste tire 2 7 collection site pursuant to section 455D.11A and later 2 8 recouped by the department shall be credited to the fund. 2 9 2. Moneys in the waste tire stewardship and management 2 10 fund shall be used for the following purposes: 2 11 a. Up to four hundred thousand dollars shall be used each 2 12 fiscal year for all of the following purposes: 2 13 (1) The issuing of permits and registrations of tire 2 14 processing, storage, and hauling activities. 2 15 (2) The administration of the waste tire stockpile 2 16 abatement program and to support illegal dumping enforcement. 2 17 (3) To conduct outreach and perform educational activities 2 18 that promote the proper management of waste tires. 2 19 (4) The management of cost=share grants that assist in 2 20 promotion and reuse of recycled waste tire materials and 2 21 products. 2 22 (5) To provide waste tire and illegal dumping prevention, 2 23 education, and assistance to local governments. 2 24 b. The remainder of moneys in the fund each fiscal year 2 25 shall be allocated as follows: 2 26 (1) Ten percent of the moneys shall be used for public 2 27 education and awareness initiatives related to proper tire and 2 28 solid waste recycling and disposal options and the 2 29 environmental and health hazards posed by improper tire 2 30 storage and illegal dumping of solid waste. 2 31 (2) Thirty percent of the moneys shall be used for the 2 32 provision of a grant program for end users of recycled waste 2 33 tire materials and products. 2 34 (3) Fifteen percent of the moneys shall be used for the 2 35 provision of grants to local governments and entities 3 1 established pursuant to chapter 28E for establishing 3 2 prevention, education, and enforcement programs targeted at 3 3 illegal dumping of waste tires. Moneys allocated pursuant to 3 4 this subparagraph shall not be used to fund programs commonly 3 5 known as illegal dumping amnesty events. 3 6 (4) Five percent of the moneys shall be used for grants to 3 7 local public health agencies for education and awareness 3 8 initiatives related to the risks posed by insect and vermin 3 9 populations, and insect=borne and vermin=borne diseases 3 10 fostered by the illegal disposal of waste tires. 3 11 (5) Forty percent of the moneys shall be used for waste 3 12 tire stockpile abatement and illegal solid waste dump site 3 13 cleanup. The department may require a cost=share agreement 3 14 with a responsible party. 3 15 EXPLANATION 3 16 This bill relates to a waste tire stewardship and 3 17 management fund. 3 18 The bill eliminates an exception to the prohibition against 3 19 the land disposal of waste tires. 3 20 The bill eliminates the waste tire management fund and 3 21 replaces it with a waste tire stewardship and management fund. 3 22 The bill provides that, beginning July 1, 2009, a stewardship 3 23 fee of $1 per tire shall be charged for each new tire sold at 3 24 retail within the state. The stewardship fee shall not be 3 25 charged for a tire bought for purposes of resale. The bill 3 26 provides that tires not subject to the stewardship fee include 3 27 used tires, recapped tires, and tires for bicycles. 3 28 The bill provides that a retailer shall remit the 3 29 stewardship fees to the department of revenue on a quarterly 3 30 basis and the department of revenue shall remit all revenue 3 31 collected to the treasurer of state for deposit in the waste 3 32 tire stewardship and management fund. All revenue credited to 3 33 the fund is appropriated to the department of natural 3 34 resources for the purposes provided in the bill. 3 35 The bill provides that up to $400,000 in the fund shall be 4 1 used each fiscal year for issuing of permits and registrations 4 2 of tire processing, storage, and hauling activities; the 4 3 administration of the waste tire stockpile abatement program 4 4 and to support illegal dumping enforcement; to conduct 4 5 outreach and perform educational activities that promote the 4 6 proper management of waste tires; the management of cost=share 4 7 grants that assist in promotion and reuse of recycled waste 4 8 tire materials and products; and to provide waste tire and 4 9 illegal dumping prevention, education, and assistance to local 4 10 governments. The remainder of moneys in the fund each fiscal 4 11 year shall be allocated as follows: 10 percent for public 4 12 education and awareness initiatives; 30 percent for the 4 13 provision of a grant program for end users of recycled waste 4 14 tire materials and products; 15 percent for the provision of 4 15 grants to local governments and entities established pursuant 4 16 to chapter 28E; 5 percent for grants to local public health 4 17 agencies for education and awareness initiatives; and 40 4 18 percent for waste tire stockpile abatement and illegal solid 4 19 waste dump site cleanup. 4 20 LSB 2674HC 83 4 21 tm/rj/14