Tennessee § 68-211-825 - Matching grant program — Recycling collection site equipment — State surcharge on tipping fee — Rebate.

§ 68-211-825. Matching grant program — Recycling collection site equipment — State surcharge on tipping fee — Rebate.

From funds available from the solid waste management fund established by § 68-211-821, the department shall establish a matching grant program for the purchase of equipment needed to establish or upgrade recycling at a public or not-for-profit recycling collection site. Such equipment may include, but is not limited to, containers, balers, crushers and grinders. No grant shall be awarded for the purchase of mechanical processing equipment to be used at a public or not-for-profit recycling collection site if there is adequate mechanical processing equipment at privately owned facilities which serve the relevant geographical area, unless the grant applicant demonstrates to the department's satisfaction that the mechanical processing equipment is an indispensable component of an otherwise eligible grant project and will not be used to compete with a privately owned facility. The local share of the match shall be determined by the department, using an economic index based upon factors which include, but are not limited to, per capita income and property values of the jurisdiction to be served. Areas falling within the lower economic scale on the index shall be eligible for lower matching rates. The department shall establish criteria under which applicants for such matching grants will receive preference if their program employs adults with a developmental disability, as defined in § 33-1-101, in such a manner that improves the recycling rate of the city or county and thereby contributes to progress towards meeting or exceeding its solid waste reduction and diversion goal under § 68-211-861. For the five (5) most populous counties according to the annual estimated census released in April by the United States census bureau, the state shall grant a rebate against the amount due to the state under the state surcharge on the tipping fee imposed by this part. The state shall rebate the amount of a county's credit to the county on an annual basis. The total amount of credits shall not exceed an amount equal to one hundred percent (100%) of the funds allocated for recycling equipment grants and shall be allocated proportionately by population to each county. Municipalities that manage solid waste within the five (5) counties shall be offered a proportionate share of their county's rebate, based on population. Such rebate shall be in lieu of recycling equipment grants for these five (5) counties. Within a county, the rebate shall be allocated proportionately by population among the municipalities in the county which provide collection or disposal services and the county for the remaining population of the county. A county or municipality may only expend such rebate for recycling purposes and they must expend from local funds an amount equal to the amount of the rebate towards such purposes. Acts 1991, ch. 451, § 29; T.C.A., § 68-31-825 ; Acts 1992, ch. 693, § 24; 1995, ch. 501, § 3; 1996, ch. 846, §§ 25, 26; 1997, ch. 221, § 2; 2003, ch. 332, § 1; 2005, ch. 317, § 1; 2016, ch. 742, § 1. Compiler's Notes. Former title 68, ch. 31, parts 1-9 were transferred to title 68, ch. 211, parts 1-9, respectively, in 1992. See the parallel reference table in § 68-211-101 for the former and new section locations. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2016 amendment rewrote (b)(1), which read: “For the eleven (11) counties which generate the greatest amount of solid waste as recorded in the University of Tennessee's solid waste management report of February 1991 to the commissioner of environment and conservation, under a technical assistance contract pursuant to part 6 of this chapter, or as subsequently modified by data provided by subsequent annual reports required by § 68-211-871 , the state shall grant a rebate against the amount due to the state under the state surcharge on the tipping fee imposed by this part. The state will rebate the amount of a county's credit to the county on an annual basis. The total amount of credits shall not exceed an amount equal to one hundred fifty percent (150%) of the funds allocated for recycling equipment grants. The rebate for any one (1) of the eleven (11) counties shall be determined pursuant to the following formula:“(tons of the county's solid waste) (total tons of solid waste collected from all eleven (11) counties) multiplied by 150% of state funds allocated for recycling grants”; and, in (b)(2), substituted “five (5)” for “eleven (11)” at the end of the first sentence. Effective Dates. Acts 2016, ch. 742, § 2. July 1, 2016. Cross-References. Solid waste management fund, § 68-211-821 .