§ 19-5-1148 — Used Tire Recycling Fund

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Used Tire Recycling Fund". (b) (1) The Department of Finance and Administration shall deposit into the State Treasury ninety-three percent (93%) of the moneys collected under § 8-9-404 to the credit of the Used Tire Recycling Fund. (2) The Used Tire Recycling Fund shall consist of: (A) Penalties assessed and collected under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.; (B) Interest, earnings, and any other revenues as may be authorized by law; (C) Any United States Government moneys designated for deposit into the Used Tire Recycling Fund; (D) Any gift or donation to the Used Tire Recycling Fund; and (E) Those special revenues specified in § 8-9-404 and § 19-6-301 (165). (3) The Used Tire Recycling Fund shall not include: (A) Five percent (5%) of the rim removal fee retained for administrative costs by tire retailers under § 8-9-404(a)(5)(B) and commercial generators under § 8-9-404(d)(5)(B) ; (B) The percentage of net special revenue deducted and deposited to the credit of the Special Revenue Fund Account of the State Apportionment Fund under § 19-5-203 ; or (C) Seven percent (7%) deducted from the proceeds of fees imposed under § 8-9-404 and deposited into the Division of Environmental Quality Fee Trust Fund under § 8-9-404(b)(1)(B) , § 8-9-404(c)(3)(A)(ii) , and § 8-9-404(d)(7)(B) . (c) (1) At least ninety percent (90%) of the moneys available in the Used Tire Recycling Fund each fiscal year shall be used by the Division of Environmental Quality to provide reimbursements to used tire programs, to administer the Used Tire Recycling and Accountability Program, and to perform other duties under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq. (2) The Director of the Division of Environmental Quality may use not more than ten percent (10%) of the moneys available in the Used Tire Recycling Fund each fiscal year: (A) For waste tire site abatement aid; (B) For the development, implementation, and maintenance of the electronic uniform used tire manifest system; and (C) To provide market and economic stimulus incentives.

Legislative History

Amended by Act 2019, No. 910,§ 3202, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3201, eff. 7/1/2019. Added by Act 2017, No. 317,§ 3, eff. 8/1/2017.