49-837

49-837. Recycling fund; use; advisory
committee

A. A recycling fund is established to be administered by the director. The fund
consists of monies appropriated by the legislature, gifts, grants, donations and monies
derived from the landfill disposal fees in section 49-836. Monies derived from landfill
disposal fees are subject to legislative appropriation. Monies in the fund are exempt
from lapsing under section 35-190. On notice from the director, the state treasurer shall
invest and divest monies in the fund as provided by section 35-313, and monies earned
from investment shall be credited to the fund.

B. Monies from the recycling fund shall be used for the following purposes:

1. At least forty per cent shall be allocated for grants to or contracts with
political subdivisions, nonprofit organizations or private enterprise for research,
demonstration projects, market development and source reduction studies and
implementation of the recommendations or reports prepared pursuant to this article.

2. At least twenty per cent shall be allocated for public information, public
education and technical assistance programs concerning litter control, recycling and
source reduction.

3. No more than five per cent may be allocated for the collection and
administration of monies in the fund.

4. No more than five per cent may be allocated for the administration of this
article.

5. At least four per cent but not more than five per cent may be allocated for the
administration of the department of commerce recycled market development program. At the
end of each fiscal year, any funds not expended by the department of commerce for this
purpose shall be returned to the fund.

C. In making expenditures pursuant to subsection B, paragraph 2 of this section,
the director shall ensure that counties having a population of fewer than five hundred
thousand persons according to the most recent United States decennial census receive
benefits in proportion to their contributions to the fund.

D. The director shall appoint an advisory committee to advise the director on the
use of monies in the recycling fund. The advisory committee shall consist of two
representatives from private solid waste collection businesses, two representatives from
private solid waste recycling businesses, four representatives from political
subdivisions which have implemented recycling and source reduction programs, at least one
of whom resides in a county having a population of fewer than five hundred thousand
persons, and one representative of the general public. The members of the committee serve
at the pleasure of the director and are not eligible to receive compensation, and the
committee is an advisory committee for purposes of title 38, chapter 3, article 3.1.