2018 State Legislation Addresses Scrap Tire Issues

As state lawmakers open their 2018 legislative sessions, scrap tires and tire recycling issues are on the docket in ten states.

From concerns about the use of tire fee revenues to the safety of using crumb rubber infill on athletic fields and playgrounds, legislators in ten states— GA, HI, NE, NH, NJ, NY, OH, OK, UT, VA —will take up tire bills introduced or carried over in 2018.

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New Hampshire, New York and Virginia have proposed measures prohibiting or setting moratoriums on the use of tire crumb rubber infill on synthetic turf fields and playgrounds.

Two states, Oklahoma and Utah, deal with new requirements for tire recycling incentive payments, while Georgia seeks to assure tire fees are dedicated to scrap tire management in the state.

In another bill, Georgia along with Hawaii considers rules requiring take-off tires be left with the retailer when new tires are purchased.

Nebraska addresses grant funding and disposal exemptions to using tires in construction applications.

New Jersey is proposing legislation to establish a comprehensive system for scrap tires from point of generation to disposal and Ohio has re-introduced a used tire safety bill that prohibits retailers from selling unsafe used tires.

2018 State Legislation

GEORGIA

House Resolution 158

For each new tire sold in Georgia, a $1 fee is added onto the bill. The revenue from that fee is supposed to go toward scrap tire management and the cleanup of abandoned tires in Georgia as well as cleaning up other environmental hazards, according to the State law that created the fee in the 1990’s.

However, about 41 percent of the $154 million collected from the tire fee gone into the state’s general fund in the two decades that motorists have been paying the fee.

Hoping to reverse that trend Georgia lawmaker Rep. Jay Powell (R. Camilla) has introduced HR 158, which would ban the practice except in the case of a financial emergency.

Powell’s proposed “anti-bait and switch” bill, which would change the state constitution to ensure that proceeds from certain future fees and taxes are used for the purpose lawmakers intended.

Powell’s proposed fix would allow lawmakers to obligate up to 1 percent of state revenue, with the effectiveness of these fees and taxes reviewed every decade.

The revenue from each fee or tax would be retained in a fund until it is needed and could only be redirected to the state’s coffers in times of financial emergency.

Powell said he included such “safeguards” to keep from tying the hands of future lawmakers – a concern that has derailed such proposals in the past.

Powell’s proposal is moving through the legislative process. A subcommittee approved it, sending it to the full Ways and Means Committee, which Powell chairs. It would need a two-thirds vote from both chambers for it to go on the November ballot.

SB 65 and HB 1546 These companion bills in the Georgia House and Senate require new tire retailers that collect a fee for the collection or disposal of scrap tires upon the purchase of replacement tires for a motor vehicle to collect the fee whether or not scrap tires are relinquished to the retailer. SB65, sponsored by Sen. Mike Dugan and others was recommitted in the Senate 1/8/2018.

HAWAII

HB 1800 Introduced Session in the 2018 Regular Session, the bill authorizes each county to establish a requirement for customers to provide an equal number of used motor vehicle tires to the tire retailer as the number of new motor vehicle tires purchased, or pay a fee that shall be refundable upon provision of the used tires. The bill was referred to the House Committee on Energy and Environmental Protection.

NEBRASKA

LB 762 Changes the date for which recycling grants will be available from 2019 to 2024. Only new scrap tire projects are eligible for the grant. The bill was referred to Natural Resources Committee.

LB 908 Provides a disposal exception for tires used in a building system and filled with earth as permanent forms for walls in a single family dwelling. Prior approval must be obtained from the department by the builder. The bill eliminates obsolete provisions under the Integrated Solid Waste Management Act. It has been referred to Natural Resources Committee.

NEW HAMPSHIRE

HB 1561 Prohibits the use of recycled tire rubber at village, town, municipal, and school playgrounds. Bill was scheduled to be heard in the Municipal and county Government Executive Session.

JERSEY

S389 Requires the Department of Environmental Protection to establish a system for the manifesting, tracking, collection, recycling, and from the requirements of the bill. The bill also provides that each district (county) recycling plan will allow municipalities to source separate scrap tires from the solid waste stream as part of the municipal obligation under current law to recycle at least three items in addition to leaves. Introduced in the Senate and referred to the Senate Environmental and Energy Committee.

NEW YORK

S00039 Provides for an environmental and public health study by the department of environmental conservation on the use of crumb rubber in synthetic turf, a six month moratorium on its installation pending the environment al conservation department’ s report; and provides for a site specific environmental impact statement whenever synthetic turf installation is proposed.Referred to the Health and Environment Committee.

OHIO

SB 223 Prohibits the installation of unsafe used tires on specified motor vehicles. Makes a violation of the prohibition a violation of the Ohio Consumer Sales Practices Act. Excludes from the prohibition tires mounted on wheels or rims that are temporarily removed from a vehicle and reinstalled on the same vehicle. Imposes a fine of no more than $1,000 for a violation of the prohibition. Bill scheduled for a second hearing House Government Accountability and Oversight.

OKLAHOMA

SB1045 Requires compensation to used tire facilities and tire-derived fuel or TDF facilities to be limited to facilities located in Oklahoma. Compensation for used tire activities be limited to used tires from Oklahoma. A used tire recycling facility or tire-derived fuel or TDF facility may transport and deliver used tires collected from Oklahoma to an out-of-state used tire recycling facility or TDF facility but shall not be eligible for compensation from the Used Tire Recycling Indemnity Fund for those used tires. Second reading of the bill has been referred to Appropriations.

UTAH

HB 0076 Allows a county or municipality to apply for payment from the tire fund for costs of a waste tire transporter or recycler to remove waste tires from an abandoned waste tire pile or a landfill waste tire pile operated by a state or local governmental entity and deliver the waste tires to a recycler. Referred to standing committee in House Natural Resources, Agriculture and Environment Committee

VIRGINIA

HB 565 Establishes a three-year moratorium on installation of synthetic turf that contains recycled crumb rubber from waste tires at schools and recreational parks. The bill also requires the Virginia Department of Health, in coordination with the Virginia Department of Conservation and Recreation and the Virginia Department of Education, to analyze the potential adverse health effects of synthetic turf that contains recycled crumb rubber from waste tires and report its findings to the General Assembly no later than July 1, 2019. Assigned to Rules Subcommittee.

© Scrap Tire News, February 2018