View Amendment Current Amendment: 1A to Bill 525

Senator SENN proposed the following amendment (525R010.KM.SS):

Amend the bill, as and if amended, on page 3, line 27, by adding:

/SECTION 2. Section 44-96-250(B)(13) of the 1976 Code is amended to read:

"(13) ' Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities and advanced recycling facilities. Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation."

SECTION3. Section 44-96-290 of the 1976 Code is amended by adding an appropriately lettered new subsection to read:

"( ) An advanced recycling facility must demonstrate financial responsibility prior to being issued a permit for the facility or prior to the facility being placed in operation. To demonstrate financial responsibility, the facility must establish a cash trust fund under the control of the department or obtain a surety bond for which the department is the sole beneficiary, sufficient in form and amount to meet all reasonably foreseeable costs of clean up, environmental remediation, fire-fighting, ground water or surface water contamination, private property contamination, public health impacts, and displacement and relocation of affected persons, and any other reasonably foreseeable costs associated with the operation, management, or abandonment of any pyrolysis and gasification facilities, including, but not limited to, the operation and storage of post-use polymer, plastic polymer, or incidental contaminants or impurities." /

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION __. The provisions of this act terminate on June 30, 2026. /