FILED SENATE
Apr 5, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 529
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS45282-MHf-112
Short Title: County Waste Management Assistance. (Public)
Sponsors: Senators Burgin and Foushee (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO RESTORE ASSISTANCE TO COUNTIES WITH THE CLEANUP OF SCRAP
3 TIRES.
4 The General Assembly of North Carolina enacts:
5 SECTION 1.(a) G.S. 105-187.19(b) reads as rewritten:
6 "(b) Each quarter, the Secretary shall credit thirty percent (30%) seventeen percent (17%)
7 of the net tax proceeds to the Scrap Tire Disposal Account and thirteen percent (13%) of the net
8 tax proceeds to the General Fund. The Secretary shall distribute the remaining seventy percent
9 (70%) of the net tax proceeds among the counties on a per capita basis according to the most
10 recent annual population estimates certified to the Secretary by the State Budget Officer."
11 SECTION 1.(b) G.S. 130A-309.63 as it existed immediately prior to repeal is
12 reenacted and reads as rewritten:
13 "§ 130A-309.63. Scrap Tire Disposal Account.
14 (a) Creation. – The Scrap Tire Disposal Account is established as a nonreverting account
15 within the Department. The Account consists of revenue credited to the Account from the
16 proceeds of the scrap tire disposal tax imposed by Article 5B of Chapter 105 of the General
17 Statutes.
18 (b) Use. – The Department may use revenue in the Account only as authorized by this
19 section.
20 (1) The Department may use up to fifty percent (50%) of the revenue in the
21 Account to make grants to units of local government to assist them in
22 disposing of scrap tires. To administer the grants, the Department shall
23 establish procedures for applying for a grant and the criteria for selecting
24 among grant applicants. The criteria shall include the financial ability of a unit
25 of local government to provide for scrap tire disposal, the severity of a unit of
26 local government's scrap tire disposal problem, the effort made by a unit of
27 local government to ensure that only tires generated in the normal course of
28 business in this State are provided free disposal, and the effort made by a unit
29 of local government to provide for scrap tire disposal within the resources
30 available to it.
31 (2) The Department may use up to forty percent (40%) of the revenue in the
32 Account to make grants to encourage the use of processed scrap tire materials.
33 These grants may be made to encourage the use of tire-derived fuel, crumb
34 rubber, carbon black, or other components of tires for use in products such as
35 fuel, tires, mats, auto parts, gaskets, flooring material, or other applications of
36 processed tire materials. These grants shall be made in consultation with the
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 General Assembly Of North Carolina Session 2021
1 Department of Commerce, the Division of Environmental Assistance and
2 Outreach of the Department, and, where appropriate, the Department of
3 Transportation. Grants to encourage the use of processed scrap tire materials
4 shall not be used to process tires.
5 (3) The Department may use revenue in the Account to support a position to
6 provide local governments with assistance in developing and implementing
7 scrap tire management programs designed to complete the cleanup of nuisance
8 tire collection sites and prevent scrap tires generated from outside of the State
9 from being presented for free disposal in the State.
10 (4) The Department may use the remaining revenue in the Account only to clean
11 up scrap tire collection sites that the Department has determined are a
12 nuisance. The Department may use funds in the Account to clean up a
13 nuisance tire collection site only if no other funds are available for that
14 purpose.
15 (c) Eligibility. – A unit of local government is not eligible for a grant for scrap tire
16 disposal unless its costs for disposing of scrap tires for the six-month period preceding the date
17 the unit of local government files an application for a grant exceeded the amount the unit of local
18 government received during that period from the proceeds of the scrap tire tax under
19 G.S. 105-187.19. A grant to a unit of local government for scrap tire disposal may not exceed the
20 unit of local government's unreimbursed cost for the six-month period.
21 (e)(d) Reporting. – The Department shall include in the report to be delivered to the
22 Environmental Review Commission on or before 15 January of each year pursuant to
23 G.S. 130A-309.06(c) a description of the implementation of the North Carolina Scrap Tire
24 Disposal Act for the fiscal year ending the preceding 30 June. June 30. The description of the
25 implementation of the North Carolina Scrap Tire Disposal Act shall include the beginning and
26 ending balances in the Account for the reporting period, the amount credited to the Account
27 during the reporting period, and the amount of revenue used for grants and to clean up nuisance
28 tire collection sites."
29 SECTION 1.(c) G.S. 130A-309.64 is repealed.
30 SECTION 1.(d) G.S. 130A-309.06(c) reads as rewritten:
31 "(c) The Department shall report to the Environmental Review Commission and the Fiscal
32 Research Division on or before April 15 of each year on the status of solid waste management
33 efforts in the State. The report shall include all of the following:
34 …
35 (10) A description of the implementation of the North Carolina Scrap Tire Disposal
36 Act that includes the beginning and ending balances in the Scrap Tire Disposal
37 Account for the reporting period, the amount credited to the Scrap Tire
38 Disposal Account during the reporting period, and the amount of revenue used
39 for grants and to clean up nuisance tire collection under the provisions of G.S
40 130A-309.64.as required by G.S. 130A-309.63(d).
41 …."
42 SECTION 1.(e) G.S. 130A-309.09C(g) reads as rewritten:
43 "(g) In addition to any other penalties provided by law, a unit of local government that
44 does not comply with the requirements of G.S. 130A-309.09A(b), G.S. 130A-309.09A(d), and
45 G.S. 130A-309.09B(a) shall not be eligible for grants from the Solid Waste Management Trust
46 Fund Fund, the Scrap Tire Disposal Account, or the White Goods Management Account and
47 shall not receive the proceeds of the scrap tire disposal tax imposed by Article 5B of Chapter 105
48 of the General Statutes or the proceeds of the white goods disposal tax imposed by Article 5C of
49 Chapter 105 of the General Statutes to which the unit of local government would otherwise be
50 entitled. The Secretary shall notify the Secretary of Revenue to withhold payment of these funds
51 to any unit of local government that fails to comply with the requirements of
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 General Assembly Of North Carolina Session 2021
1 G.S. 130A-309.09A(b), G.S. 130A-309.09A(d), and G.S. 130A-309.09B(a). Proceeds of the
2 scrap tire disposal tax that are withheld pursuant to this subsection shall be credited to the General
3 Fund and may be used as provided in G.S. 130A-309.64. Proceeds of the white goods disposal
4 tax that are withheld pursuant to this subsection shall be credited to the General Fund and may
5 be used as provided in G.S. 130A-309.83."
6 SECTION 2. This act becomes effective July 1, 2021.
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Statutes affected:
Filed: 105-187.19, 130A-309.63, 130A-309.64, 130A-309.06, 130A-309.09C
Edition 1: 105-187.19, 130A-309.63, 130A-309.64, 130A-309.06, 130A-309.09C