SS HB 92, 2015 (Amended Section - as Truly Agreed)
260.335. 1. Each fiscal year eight hundred thousand
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.
Each fiscal year up to two hundred thousand dollars from the
solid waste management fund may be used by the department
upon appropriation for grants to solid waste management districts
for district grants and district operations. Only those solid
waste management districts that are allocated fewer funds under
subsection 2 of this section than if revenues had been allocated
based on the criteria in effect in this section on August 27,
2004, are eligible for these grants. An eligible district shall
receive a proportionate share of these grants based on that district's
share of the total reduction in funds for eligible districts
calculated by comparing the amount of funds allocated under subsection
2 of this section with the amount of funds that would have been
allocated using the criteria in effect in this section on August
27, 2004. 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 revenues deposited into the fund each fiscal year after moneys have been made available under subsection 1 of this section shall be allocated as follows:
(1) Thirty-nine percent of the revenues shall be dedicated, upon appropriation, to the elimination of illegal solid waste disposal, to identify and prosecute persons disposing of solid waste illegally, to conduct solid waste permitting activities, to administer grants and perform other duties imposed in sections 260.200 to 260.345 and section 260.432. In addition to the thirty-nine percent of the revenues, the department may receive any annual increase in the charge during October 1, 2005, to October 1,  2027, under section 260.330 and such increases shall be used solely to fund the operating costs of the department;
(2) Sixty-one percent of the revenues, except any annual increases in the charge under section 260.330 during October 1, 2005, to October 1,  2027, which shall be used solely to fund the operating costs of the department, shall be allocated [through grants, upon appropriation, to participating cities, counties, and] to solid waste management districts. Revenues to be allocated under this subdivision shall be divided as follows: forty percent shall be allocated based on the population of each district in the latest decennial census, and sixty percent shall be allocated based on the amount of revenue generated within each district. For the purposes of this subdivision, revenue generated within each district shall be determined from the previous year's data. No more than fifty percent of the revenue allocable under this subdivision may be allocated to the districts upon approval of the department for implementation of a solid waste management plan and district operations, and at least fifty percent of the revenue allocable to the districts under this subdivision shall be allocated to the cities and counties of the district or to persons or entities providing solid waste management, waste reduction, recycling and related services in these cities and counties. Each district shall receive a minimum of seventy-five thousand dollars under this subdivision. After August 28,  2015, each district shall receive a minimum of ninety-five thousand dollars under this subdivision for district grants and district operations. 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. Moneys shall be awarded based upon grant applications. The following criteria may be considered to establish the order of district grant priority:
(a) Grants to facilities of organizations employing individuals with disabilities under sections 178.900 to 178.960 or sections 205.968 to 205.972;
(b) Grants for proposals that will promote and maximize the sharing of district resources;
(c) Grants for proposals which provide methods of recycling and solid waste reduction; and
(d) All other grants.
Any allocated district moneys remaining in any fiscal year due to insufficient or inadequate grant applications [may] shall be reallocated [pursuant to this subdivision] for grant applications in subsequent years or for solid waste management projects other than district operations, including a district's next request for solid waste management project proposals. Any allocated district moneys remaining after a period of five years shall revert to the credit of the solid waste management fund created under section 260.330;
(3) Except for the amount up to one-fourth of the department's previous fiscal year expense, any remaining unencumbered funds generated under subdivision (1) of this subsection in prior fiscal years shall be reallocated under this section;
(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;
(5) The department and the environmental improvement and energy resources authority shall conduct sample audits of grants provided under this subsection.
3. In addition to the criteria listed in this section, 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. Once grants are approved by the solid waste management district, the district shall submit to the department the appropriate forms associated with the grant application and any supporting information to verify that appropriate public notice procedures were followed, that grant proposals were reviewed and ranked by the district, and that only eligible costs as set forth in regulations are to be funded. Within thirty days, the department shall review the grant application. If the department finds any deficiencies, or needs more information in order to evaluate the grant application, the department shall notify the district in writing. The district shall have an additional thirty days to respond to the department's request and to submit any additional information to the department. Within thirty days of receiving additional information, the department shall either approve or deny the grant application. If the department takes no action, the grant application shall be deemed approved. 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.
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.