BILL HB10-1018
Statutory Ref.:
CONCERNING INCREASED AUTHORITY TO REGULATE WASTE TIRES.
Sponsors: LOOPER & … / GIBBS
Transportation Legislation Review Committee. Current law gives several departments authority over fees collected upon the sale of new motor vehicle tires to deal with waste tires. The bill consolidates all such authority in the department of public health and environment (department) and adds requirements for fire prevention planning, registration, decals, and manifests for certain waste tire haulers and waste tire facilities. Section 1 of the bill ends the transfer of waste tire fees to the innovative higher education research authority program effective July 1, 2014. Section 2 repeals the department of local affairs’ administration of the waste tire cleanup fund. Sections 3 and 4 repeal the advanced technology fund and, effective July 1, 2011, end the transfer of waste tire fees to the recycling resources economic opportunity grant program. Section 5 repeals and reenacts, with amendments, the law that imposes the $1.50 waste tire fee, repeals the 3.33% vendors’ fee, and allocates the fee as follows:
* Until July 1, 2014, 30.33% to the processors and end users fund and 6.67% to the innovative higher education research fund; after July 1, 2014, 37% to the processors and end users fund;
* 39.66% to the waste tire cleanup fund;
* 6.67% to the waste tire fire prevention fund until July 1, 2011, after which the allocation is increased to 8%;
* 16.67% to the recycling resources economic opportunity fund until July 1, 2011;
* After July 1, 2011, 6.67% to the waste tire market development fund; and
* After July 1, 2011, 8.67% to the law enforcement grant fund. Section 6 updates the law regarding the processors and end users fund. Section 7 recreates the waste tire cleanup fund, creates the waste tire fire prevention fund, and creates the waste tire market development fund. Sections 6 and 7 also increase the maximum reimbursements to processors and end users from $50 to $65 per ton of waste tires. Sections 8 and 9 update the law regarding waste tire haulers to require decals on hauling vehicles and the completion and retention of manifests. Section 9 also prohibits a person from hauling more than a quantity of waste tires in excess of a limit established by rule by the solid and hazardous waste commission (commission) unless the person is registered. Section 10 creates several new sections of law that:
* Specify requirements for decals and manifests;
* Require the registration of waste tire facilities;
* Require, as a condition of maintaining their registration, that waste tire monofills submit to the department a waste tire inventory reduction plan and that certain waste tire facilities process 75% of the 3-year rolling annual average amount of waste tires accepted by that facility each year;
* Impose requirements relating to financial responsibility for closure and reclamation of waste tire facilities;
* Establish fees, give the commission general rule-making authority regarding waste tires, and identify enforcement authorities;
* Create a waste tire advisory committee; and
* Create a waste tire fund, used for the department’s costs in administering the program. Section 11 directs the department of regulatory agencies to conduct a sunset review of the waste tire advisory committee prior to the committee’s repeal on July 1, 2020. Section 12 conforms the definition of “waste tire” in the solid waste statute to that in the waste tire fee statute. Section 13 specifies that sales tax is not assessed when the waste tire fee is collected upon the sale of a new tire.
Status
06/10/2010 Governor Action – Signed
Fiscal Notes Status: Fiscal note currently unavailable