CONCERNING THE RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND, AND, IN CONNECTION THEREWITH, INCREMENTALLY INCREASING CERTAIN FEES COLLECTED FOR THE FUND, EXTENDING REPEAL DATES OF LAWS ASSOCIATED WITH THE FUND, ADDING LIMITATIONS TO GRANTS MADE TO REDUCE WASTE TIRE STOCKPILES, MAKING REBATES PAID FROM THE FUND DISCRETIONARY, AND REMOVING OBSOLETE PROVISIONS
05/08/2013 Sent to the Governor
House Bill 07-1288 created the “Recycling Resources Economic Opportunity Act” (act) for the stated purpose of increasing recycling in the state. The act established the recycling resources economic opportunity fund (fund) to finance certain activities consistent with that purpose.
The principal source of moneys in the fund is user fees imposed on commercial vehicles disposing of waste at attended solid waste disposal facilities. Section 1 of the bill incrementally increases the amount of this fee from the current rate of $.07 per cubic yard per load to, ultimately,$.14 per cubic yard per load.
Sections 1, 4, and 5 extend from July 1, 2017, to July 1, 2026, the future repeal dates of statutes associated with the fund.
Presently, the pollution prevention advisory board (advisoryboard), in consultation with the pollution prevention advisory board assistance committee (committee), must use 25% of the fund moneys collected in the previous fiscal year to provide rebates to local governmental, nonprofit, or for-profit entities that recycle any commodity.Sections 2 and 3 make the payment of such rebates within the committee’s discretion, and caps the fund moneys that may be so provided at 25% per year.
Sections 2 and 4 authorize the use of moneys in the fund to finance studies deemed necessary by the advisory board, in consultation with the committee.
Under current law, the advisory board is empowered to make loans from the fund. However, this provision has never been utilized. Sections 2, 3, and 5 therefore repeal the authority of the advisory board to make loans from the fund.
Reducing waste tire stockpiles is a permissible reason for grants from the fund under existing law. Section 5 limits grants for this purpose to moneys transferred to the fund from the waste tire cleanup fund, and specifies that such grants must be made to businesses developing alternative uses for waste tires.
Section 5 withdraws an irrelevant provision from the list of permissible activities for which fund moneys may be granted.