MYERS AND WITTE (Co-sponsors).

         Read 1st time February 19, 2004, and copies ordered printed.





To repeal section 260.335, RSMo, and to enact in lieu thereof one new section relating to solid waste management.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 260.335, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 260.335, to read as follows:

            260.335. 1. For fiscal years 1992-1997, one million dollars from the solid waste management fund shall be made available, upon appropriation, to the department and the environmental improvement and energy resources authority to fund activities that promote the development and maintenance of markets for recovered materials, and beginning in fiscal year 1998, ten percent of the moneys in the solid waste management fund, not to exceed one million dollars, shall be made available for such purposes. Up to fifteen percent of such moneys may be used, upon appropriation, to administer the management of household hazardous waste and agricultural hazardous waste from family farms and family farm corporations, as defined in section 350.010, RSMo, to provide for establishment of an education program and a plan for the collection of household hazardous waste on a statewide basis by January 1, 2000. The department and the authority shall establish a joint interagency agreement with the department of economic development to identify state priorities for market development and to develop the criteria to be used to judge proposed projects. Additional moneys may be appropriated in subsequent fiscal years if requested. The authority shall establish a procedure to measure the effectiveness of the grant program under this subsection and shall provide a report to the governor and general assembly by January fifteenth of each year regarding the effectiveness of the program.

            2. All remaining [moneys in] revenues deposited into the fund each fiscal year after moneys have been made available for market development under subsection 1 of this section shall be allocated as follows:

            (1) Up to [ten] forty-three percent of the [moneys] revenues shall be dedicated, upon appropriation, to the elimination of illegal solid waste disposal, to identify and prosecute persons disposing of solid waste illegally[;

            (2) Up to fifteen percent of the moneys may, upon appropriation, be used], to conduct solid waste permitting activities, to administer grants and perform other duties imposed in sections [260.255] 260.200 to 260.345 and section 260.432;

            [(3)] (2) At least [fifty] fifty-seven percent of the [moneys] revenues shall be allocated through grants, upon appropriation, to participating cities, counties, and districts [through grants or loans]. Forty percent of the revenue generated within each region and allocable under this subdivision may be allocated to the district upon approval of the department for implementation of a solid waste management plan, and sixty percent of the revenue generated within each region and allocable under this subdivision shall be allocated to the cities and counties [within] of the district or to persons or entities providing solid waste management, waste reduction, or recycling services in these cities and counties. For the purposes of this subdivision, revenue generated within each district shall be determined from the previous year's data. Each district shall receive a minimum of [forty-five] seventy-five thousand dollars under this subdivision. Each district receiving moneys under this subdivision shall expend such moneys pursuant to a solid waste management plan required under section 260.325, and only in the case that the district is in compliance with planning requirements established by the department, and shall submit, within ninety days of the end of the fiscal year, an audited report of the expenditure of all funds received under this subsection. Moneys shall be awarded based upon grant applications. Up to four hundred thousand dollars of the moneys allocated in this subdivision shall be made available upon appropriation for solid waste management districts to apply to the department for a three-to-one matching grant of up to twenty thousand dollars per district per year to be used for the purpose of solid waste district operations. Any moneys remaining in any fiscal year due to insufficient or inadequate applications may be reallocated pursuant to subdivision [(4)] (3) of this subsection. [Moneys received from a region without a district which are allocable under this subsection shall be accumulated through September 30, 1993, and may be allocated to any district which forms within the region before July 1, 1996, and to cities and counties within the district to further the purposes of sections 260.300 to 260.345. Moneys collected in and accumulated for a region without a district on June 30, 1996, shall be reallocated to existing districts after July 1, 1996, pursuant to this section;

            (4) The] (3) Any remaining moneys in the fund shall be used, upon appropriation, to provide grants [or loans] for statewide solid waste management planning or research projects to any district, county or city of the state or to any other person or entity involved in waste reduction or recycling or for contracted services to further the purposes of section 260.225 and sections 260.255 to 260.345[. Solid waste management districts may apply annually to the department for a three-to-one matching grant of up to twenty thousand dollars per district per year to be used for the purpose of district operations];

            [(5)] (4) Funds may be made available under this subsection for the administration and grants of the used motor oil program described in section 260.253;

            [(6)] (5) The department and the environmental improvement and energy resources authority shall conduct sample audits of grants provided under this subsection.

            3. The advisory board created in section 260.345 shall recommend criteria to be used to allocate grant moneys to districts, cities and counties. These criteria shall establish a priority for proposals which provide methods of solid waste reduction and recycling. The department shall promulgate criteria for evaluating grants by rule and regulation. Projects of cities and counties located within a district which are funded by grants under this section shall conform to the district solid waste management plan.

            4. The funds awarded to the districts, counties and cities pursuant to this section shall be used for the purposes set forth in sections 260.300 to 260.345, and shall be used in addition to existing funds appropriated by counties and cities for solid waste management and shall not supplant county or city appropriated funds.

            5. The department, in conjunction with the solid waste advisory board, shall review the performance of all grant recipients to ensure that grant moneys were appropriately and effectively expended to further the purposes of the grant, as expressed in the recipient's grant application. The grant application shall contain specific goals and implementation dates, and grant recipients shall be contractually obligated to fulfill same. The department may require the recipient to submit periodic reports and such other data as are necessary, both during the grant period and up to five years thereafter, to ensure compliance with this section. The department may audit the records of any recipient to ensure compliance with this section. Recipients of grants under sections 260.300 to 260.345 shall maintain such records as required by the department. If a grant recipient fails to maintain records or submit reports as required herein, refuses the department access to the records, or fails to meet the department's performance standards, the department may withhold subsequent grant payments, if any, and may compel the repayment of funds provided to the recipient pursuant to a grant. The department shall make available all of the unencumbered funds generated during prior fiscal years by the fees established under section 260.330 through grants or loans to solid waste management areas and processing facilities, municipalities, counties, districts, and other appropriate persons who demonstrate a need for assistance to comply with section 260.250. Such grants or loans shall be used for educational programs, transportation, low-interest or no-interest loans to purchase property for composting or other solid waste source reduction activities stated to facilitate compliance with section 260.250.

            6. The department shall provide for a security interest in any machinery or equipment purchased through grant moneys distributed pursuant to this section.

            7. If the moneys are not transmitted to the department within the time frame established by the rule promulgated, interest shall be imposed on the moneys due the department at the rate of ten percent per annum from the prescribed due date until payment is actually made. These interest amounts shall be deposited to the credit of the solid waste management fund.