MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Canon

AN ACT TO AMEND SECTION 17-17-425, MISSISSIPPI CODE OF 1972, TO REGULATE CERTAIN SALES OF WASTE TIRE FUEL SUPPLEMENTS; TO PROVIDE THAT IF A WASTE TIRE PROCESSOR AND A USER OF WASTE TIRES AS A FUEL SUPPLEMENT HAVE EACH RECEIVED AN INCENTIVE GRANT, FROM THE PORTION OF THE ENVIRONMENTAL PROTECTION TRUST FUND GENERATED BY WASTE TIRE FEES, THEN THE AMOUNT CHARGED BY THE PROCESSOR TO THE USER SHALL BE CAPPED; TO PROVIDE THAT THE MAXIMUM AMOUNT THAT THE PROCESSOR MAY CHARGE IN SUCH A CASE SHALL BE THE AMOUNT ESTABLISHED AT THE TIME THE USER, NOT THE PROCESSOR, RECEIVED AN INCENTIVE GRANT; TO REQUIRE THE PROCESSOR TO FIRST OFFER TO SELL WASTE TIRE FUEL SUPPLEMENTS TO THOSE USERS WHO ALSO HAVE RECEIVED AN INCENTIVE GRANT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 17-17-425, Mississippi Code of 1972, is amended as follows:

17-17-425. (1) Beginning July 1, 1995, monies allocated to the Environmental Protection Trust Fund from waste tire fees shall be accounted for in a waste tire account and shall be utilized for the following purposes:

(a) Not more than thirty percent (30%) shall be utilized for making grants to counties, municipalities or regional solid waste management authorities for providing a waste tire collection program for small quantity waste tire generators as provided in Section 17-17-409 and for use in clean-up of small scattered unauthorized waste tire dumps not abated under Section 17-17-419;

(b) Not more than twenty percent (20%) shall be utilized by the department for abatement of unauthorized waste tire dumps as provided in Section 17-17-419;

(c) Not more than twenty-five percent (25%) shall be utilized (i) to provide incentive grants to persons that will manufacture products from waste tires, use recovered rubber from waste tires or use waste tires as a fuel or fuel supplement,

(ii) to provide funding for research and demonstration projects directly related to solving solid waste problems resulting from waste tires, including the use of innovative technologies for the processing of waste tires, (iii) to provide an incentive reimbursement to end users for the costs of using waste tires or waste tire derived materials where those tires originate in the State of Mississippi, if the commission determines an incentive is necessary to promote market development. The commission may determine legitimate end uses that may be eligible for reimbursement and an acceptable rate of reimbursement.

(d) Not more than twenty-five percent (25%) shall be utilized by the department to pay the costs of administering these funds and the waste tire management program required under Sections 17-17-405, 17-17-407, 17-17-411, 17-17-413, 17-17-419 and 17-17-423.

(2) To provide for the maximum effective use of funds in the waste tire account, the commission, upon determination that unused funds are available in a particular program as described above, may reallocate funds between the programs described in paragraphs (a) through (c) of subsection (1) to exceed the percentage thresholds.

(3) The commission may consolidate any grant provided under this section with any grant provided under the local governments solid waste assistance program or the Right-Way-To-Throw-Away Program. Funds provided through any consolidated grant shall be used in accordance with the program under which the funds are provided.

(4) The commission shall establish a statewide plan for the use of monies received under Sections 17-17-401 through 17-17-427 and shall adopt regulations for administering this fund. The regulations shall include eligibility requirements for persons requesting incentive grants and funding for research and demonstration projects. No incentive grant or research and demonstration project funding may be awarded for an activity which receives less than seventy-five percent (75%) of its waste tires from Mississippi waste tires sites, retailers or residents. The commission may consider requests for funding from applicants who do not meet this requirement contingent upon the applicant demonstrating that the activity does or will accept Mississippi tires and that the award of the requested funding would be in the best interest of the State of Mississippi. The burden of proof shall be on the applicant to show that eligibility requirements have been met.

(5) For the purpose of establishing a statewide plan for the use of monies received under Sections 17-17-401 through 17-17-427 and proposing regulations for administering this fund, including eligibility requirements and application priorities, the commission shall create an advisory council consisting of members of the tire industry, the general public, the department, and the Department of Economic and Community Development.

(6) The department shall provide technical assistance, upon written request, to a municipality, county or group of counties desiring assistance in applying for waste tire grants or choosing a method of waste tire management which would be an eligible use of the grant funds.

(7) Subject to the authority of the commission in subsection (2) of this section, monies existing in the waste tire account of the Environmental Protection Trust Fund on July 1, 1995, shall remain in the account as previously allocated but those monies which have been allocated for incentive grants or research and demonstration awards shall be combined as described in subsection (1)(c) of this section.

(8) If a waste tire processor and a user of waste tires as a fuel supplement have each received an incentive grant under subsection (1)(c)(i), then the amount charged, per ton of the waste tire fuel supplement, by the processor to the user may not exceed the amount established at the time the grant was awarded to the user. Further, any waste tire processor who has received such a grant must first offer to sell any waste tire fuel supplements that it produces to those users of waste tires as a fuel supplement who also have received a grant.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.