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  • Summary date: Mar 30 2023 - View Summary

    Amends GS 105-187.19 to require that 30% of the net proceeds of the scrap tire disposal tax be credited to the Scrap Tire Disposal Account (was, the entire 30% was credited to the General Fund), and adds that excess funds are to be credited to the Highway Fund if the amount in the Account exceeds $300,000 at the end of a fiscal year.

    Reenacts GS 130A-309.63, Scrap Tire Disposal Account, as it existed immediately prior to repeal and makes the following changes. Specifies that the Account is located within the Department of Environmental Quality. Amends the allowable uses of the Account's revenue, to allow the use of up to 75% (was, 50%) for grants to local governments to assist in the disposal of scrap tires, allows the use of up to 15% (was, 40%) for grants to encourage the use of processed scrap tire materials, allows the use of up to $175,000 for administrative costs and to support a position for implementation (was, an unspecified amount could be used to support a position with specified duties), and allow the use of remaining revenue to clean up illegal scrap tire collection sites (was, scrap tire collection sites) that are nuisances. Removes the deadline for the report to the Environmental Review Commission (ERC) on the implementation of the NC Scrap Tire Disposal Act.

    Repeals GS 130A-309.64 concerning grants for the disposal of scrap tires and activities related to scrap tires.

    Amends GS 130A-309.06 to require the Department of Environmental Quality (DEQ) to include in its annual report to the ERC and specified NCGA division on solid waste management, the beginning and ending balances in the Scrap Tire Disposal Account for the reporting period, and the amount credited to the Scrap Tire Disposal Account during the reporting period. Makes conforming changes.

    Amends GS 130A-309.09C to provide that local governments that do not comply with the requirements of GS 130A-309.09A(b) (requiring making a good-faith effort to achieve the State's 40% municipal solid waste reduction goal and to comply with the State's comprehensive solid waste management plan), GS 130A-309.09A(d) (requiring annual reporting on the solid waste management programs and waste reduction activities within the unit of local government), and GS 130A-309.09B(a) (including specific requirements for a local government's solid waste reduction program) are not eligible for grants from the Scrap Tire Disposal Account (in addition to the Solid Waste Management Trust Fund and White Goods Management Account) and shall not receive the proceeds of the scrap tire disposal tax or white goods disposal tax. Requires that the proceeds of the taxes withheld to be credited to the Highway Fund instead of the General Fund.

    Amends GS 130A-309.54 to no longer allow the tax on new tires to be used for the cleanup of inactive hazardous waste sites and for the purposes for which the Bernard Allen Memorial Emergency Drinking Water Fund may be used, limiting the use to the disposal of scrap tires.

    The above provisions are effective October 1, 2023, and apply to quarterly crediting of the proceeds of the scrap tire disposal tax occurring on or after that date.

    Amends GS 130A-309.58 by adding the following applicable to the collection of shipment and tires for disposal and recycling. Specifies that a local government is not prohibited from collecting and shipping, or arranging for the collection and shipment of, scrap tires directly from a tire retailer for permissible disposal or recycling purposes. Provides that a tire retailer that ships its own scrap tires directly from their location to a disposal or recycling facility, in coordination with the county in which the scrap tires were generated, is not liable for shipping costs, except those associated with trailers owned and operated by the tire retailer. Makes a tire retailer responsible for the costs of shipping to a site provided by a county for scrap tire collection.