Arkansas 2025 Regular Session

Arkansas Senate Bill SB606 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 606 3
6	6	4
7	7	By: Senator B. Davis 5
8	8	By: Representative Wooldridge 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE USED TIRE RECYCLING AND 9
12	12	ACCOUNTABILITY ACT; TO CREATE THE TIRE MANAGEMENT AND 10
13	13	RECYCLING ACT; TO REPEAL THE USED TIRE RECYCLING 11
14	14	FUND; TO CREATE THE WASTE TIRE ABATEMENT FUND; AND 12
15	15	FOR OTHER PURPOSES. 13
16	16	14
17	17	15
18	18	Subtitle 16
19	19	TO AMEND THE USED TIRE RECYCLING AND 17
20	20	ACCOUNTABILITY ACT; TO CREATE THE TIRE 18
21	21	MANAGEMENT AND RECYCLING ACT; TO REPEAL 19
22	22	THE USED TIRE RECYCLING FUND; AND TO 20
23	23	CREATE THE WASTE TIRE ABATEMENT FUND. 21
24	24	22
25	25	23
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
27	27	25
28	28	SECTION 1. Arkansas Code Title 8, Chapter 9, Subchapter 4 is amended 26
29	29	to read as follows: 27
30	30	Subchapter 4 — Used Tire Recycling and Accountability Act Tire Management and 28
31	31	Recycling Act 29
32	32	30
33	33	8-9-401. Title — Legislative intent — Findings. 31
34	34	(a) This subchapter shall be known and may be cited as the “Used Tire 32
35	35	Recycling and Accountability Act” "Tire Management and Recycling Act" . 33
36	36	(b) The purpose of this subchapter is to: 34
37	37	(1) Protect the public health and the state's environmental 35
38	38	quality by setting and implementing standards to be followed in the hauling, 36 SB606
39	39
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41	41	collection, storage, and recycling or disposal of recyclable tires, waste 1
42	42	tires, and used tires culled for resale; and 2
43	43	(2) Provide accountability and sustainability for used tire 3
44	44	programs by requiring use of the electronic uniform used tire manifest system 4
45	45	developed by the Division of Environmental Quality and business plans for 5
46	46	used tire programs; 6
47	47	(3) Equalize the application of fees for all tires removed from 7
48	48	rims; and 8
49	49	(4) Ensure that reimbursements for used tire programs are 9
50	50	related to the overall used tire program goals . 10
51	51	(c) The General Assembly finds that: 11
52	52	(1) If not properly managed, used tires pose a potential threat 12
53	53	to human health and safety and the environment because used tires: 13
54	54	(A) Are a known breeding habitat for mosquitoes and other 14
55	55	disease-transmitting vectors; and 15
56	56	(B) Pose substantial fire hazards; 16
57	57	(2) The state must have a used tire program for recyclable 17
58	58	tires, waste tires, and used tires culled for resale that is accountable, 18
59	59	effective, and efficient; and 19
60	60	(3) The primary goal of the used tire program this subchapter is 20
61	61	to recycle or put to beneficial use as many used tires as possible. 21
62	62	22
63	63	8-9-402. Definitions. 23
64	64	As used in this subchapter: 24
65	65	(1)(A) “Abatement” means proper removal of tires from a waste 25
66	66	tire site or from a tire retailer who can show the waste tire district failed 26
67	67	to pick up or remove tires from the location of the tire retailer in a 27
68	68	reasonable time frame to a permitted tire processor, to a site authorized by 28
69	69	the Division of Environmental Quality, or for use in a beneficial use 29
70	70	project. 30
71	71	(B) Abated tires are not abandoned or discarded; 31
72	72	(2) “Beneficial use” means using a tire or part of a tire: 32
73	73	(A) To make another product; 33
74	74	(B) To make a component material of another product; 34
75	75	(C) As a substitute for a commercial product or material; 35
76	76	or 36 SB606
77	77
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79	79	(D) As a component to produce an alternative fuel for 1
80	80	commercial purposes; 2
81	81	(E) For civil engineering purposes; or 3
82	82	(F) For lightweight aggregate fill; 4
83	83	(2)(A) “Commercial generator” means a person who sells new tires 5
84	84	or provides delivery of new tires as part of fleet services to any one (1) or 6
85	85	more of the following: 7
86	86	(i) A municipality; 8
87	87	(ii) A county; 9
88	88	(iii) A state agency; 10
89	89	(iv) A federal agency; 11
90	90	(v) A school district; 12
91	91	(vi) A political subdivision of the state; or 13
92	92	(vii) A person who in the ordinary course of 14
93	93	business buys tires in bulk for use on commercial vehicles. 15
94	94	(B) “Commercial generator” does not include a tire 16
95	95	retailer; 17
96	96	(3) “Electronic uniform used tire manifest system” means an 18
97	97	administrative method developed by the Division of Environmental Quality 19
98	98	under § 8-9-407 that: 20
99	99	(A) Primarily uses an electronic application for the 21
100	100	submission and management of information related to the generation, 22
101	101	collection, transportation, distribution, and recycling, disposal, or resale 23
102	102	of each recyclable tire, waste tire, and used tire culled for resale 24
103	103	regulated under this subchapter; 25
104	104	(B) Secondarily may allow submission of used tire data 26
105	105	that is manifested using an equivalent paper documentation; and 27
106	106	(C) Records the origin, date of collection, date of 28
107	107	transfer, quantity, type, transporter, and destination for each recyclable 29
108	108	tire, waste tire, and used tire culled for resale regulated under this 30
109	109	subchapter; 31
110	110	(4)(A) “Extra-large tire” means a tire that, due to its size or 32
111	111	construction, is more difficult to process for recycling or disposal than a 33
112	112	large tire and costs substantially more to process than a large tire. 34
113	113	(B) “Extra-large tire” includes without limitation a tire 35
114	114	used, capable of being used, or designed to be used on any of the following 36 SB606
115	115
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117	117	vehicles or equipment: 1
118	118	(i) A skid steer loader; 2
119	119	(ii) Excavation equipment; 3
120	120	(iii) A farm implement, including without limitation 4
121	121	a tractor; 5
122	122	(iv) A backhoe; 6
123	123	(v) A road grader; 7
124	124	(vi) Industrial equipment; 8
125	125	(vii) A skidder; or 9
126	126	(viii) A heavy duty truck used off -road for mining. 10
127	127	(C) “Extra-large tire” includes without limitation a wide -11
128	128	base tire or extra-wide single tire; 12
129	129	(5) “Inter-district used tire program” means a program formed by 13
130	130	agreement of two (2) or more regional solid waste management boards to pool 14
131	131	resources of all regional solid waste management boards that are parties to 15
132	132	the agreement for the administration of one (1) consolidated used tire 16
133	133	program; 17
134	134	(6) “Large tire” means a tire with a load rating of “F” or 18
135	135	higher; 19
136	136	(7) “Load rating” means the system of trade designations that 20
137	137	identifies the weight -carrying capacity range of a tire; 21
138	138	(8)(A)(3)(A) “Operator” means a person who performs a function 22
139	139	that: 23
140	140	(i) Requires individual judgment; and 24
141	141	(ii) May directly affect the proper operation at one 25
142	142	(1) or more of the following: 26
143	143	(a) A tire collection center; 27
144	144	(b) A tire processing facility; 28
145	145	(c) A tire generator facility; or 29
146	146	(d) A waste tire monofill. 30
147	147	(B) “Operator” includes a person who performs a function 31
148	148	at a waste tire site. 32
149	149	(C) “Operator” does not include a person who exclusively 33
150	150	exercises general administrative supervision; 34
151	151	(9)(4) “Owner” means a person who holds legal title to property 35
152	152	where a tire collection center, tire processing facility, tire generator 36 SB606
153	153
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155	155	facility, waste tire monofill, waste tire site, or other waste tire facility 1
156	156	exists; 2
157	157	(10)(5) “Person” means an individual, government entity, or any 3
158	158	other entity that is recognized by law with rights and duties; 4
159	159	(11) “Qualified entity” means an entity that demonstrates to the 5
160	160	division that the entity has the capability, experience, and resources to 6
161	161	operate and administer a used tire program in compliance with this 7
162	162	subchapter; 8
163	163	(12) “Recyclable tire” means a worn, damaged, or defective tire 9
164	164	that is recycled because it is no longer repairable, reusable, or suitable 10
165	165	for its original intended purpose; 11
166	166	(6) “Proceeds from tire retailer fees” means all moneys 12
167	167	collected and received by the Department of Finance and Administration under 13
168	168	this subchapter for tire retailer fees imposed under this subchapter and 14
169	169	interest and penalties on delinquent tire retailer fees; 15
170	170	(13)(7) “Recycle” means the systematic process of collecting, 16
171	171	sorting, decontaminating, and returning waste materials to commerce as 17
172	172	commodities for use, other beneficial use, or exchange; 18
173	173	(14)(A) “Small tire” means a tire that has a load rating lower 19
174	174	than “F”. 20
175	175	(B) “Small tire” includes a tire from any of the following 21
176	176	vehicles: 22
177	177	(i) An automobile; 23
178	178	(ii) A motorcycle; or 24
179	179	(iii) An all-terrain vehicle; 25
180	180	(15)(A)(8)(A) “Tire” means any one (1) or more of the following: 26
181	181	(i) A continuous, ring -shaped, removable cover made 27
182	182	of solid rubber, pneumatic rubber, or semipneumatic rubber that is installed 28
183	183	around a wheel rim; or 29
184	184	(ii) Any other round piece of equipment that is 30
185	185	attached or could be attached to a vehicle , tractor, or aircraft and has a 31
186	186	primary function of enabling surface mobility. 32
187	187	(B) “Tire” does not include a solid wheel rim with an 33
188	188	integral rubber covering or a tire used on a nonmotorized bicycle, golf cart, 34
189	189	or lawn mower; 35
190	190	(16)(9) “Tire collection center” means a site where tires are 36 SB606
191	191
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193	193	collected from tire generators, tire transporters, or the public before being 1
194	194	recycled or disposed of by a used tire program ; 2
195	195	(17)(A)(10)(A) “Tire generator” means a person who: 3
196	196	(i) Removes tires from rims for disposal or resale; 4
197	197	or 5
198	198	(ii) Stores used tires on or in property owned, 6
199	199	leased, or otherwise controlled by that person ; 7
200	200	(iii) Sells new tires; or 8
201	201	(iv) Provides delivery of new tires as part of fleet 9
202	202	services. 10
203	203	(B) “Tire generator” includes without limitation: 11
204	204	(i) A tire retailer; 12
205	205	(ii) A tire wholesaler; 13
206	206	(iii) A tire transporter; 14
207	207	(iv) A tire manufacturer; 15
208	208	(v) A manufacturer of retreaded tires; 16
209	209	(vi) A new car dealer; 17
210	210	(vii) A used car dealer; 18
211	211	(viii) An auto repair shop; or 19
212	212	(ix) A salvage yard. 20
213	213	(C) “Tire generator” does not include a commercial 21
214	214	generator; 22
215	215	(18)(11) “Tire manufacturer” means a manufacturing operation 23
216	216	engaged in the final assembly of the basic components of a tire; 24
217	217	(19)(12) “Tire processing facility” means a site where equipment 25
218	218	is used to cut, chip, grind, or otherwise alter used tires; 26
219	219	(20)(A)(13)(A) “Tire retailer” means any one (1) or more of the 27
220	220	following: 28
221	221	(i) A person who is in the business of selling new 29
222	222	tires, used tires, or both new tires and used tires to the end consumer; or 30
223	223	(ii) A person who is in the business of or receives 31
224	224	compensation for removing tires from rims. 32
225	225	(B) “Tire retailer” does not include a person who sells 33
226	226	tires to another person exclusively for the purpose of resale if the 34
227	227	subsequent retail sale is subject to the fee fees imposed under § 8-9-404 or 35
228	228	a commercial generator; 36 SB606
229	229
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231	231	(21)(14) “Tire transporter” means a person who is in the 1
232	232	business of or receives compensation for transferring used tires from one (1) 2
233	233	location to another location for collection, storage, processing, recycling, 3
234	234	disposal, reuse, or resale; 4
235	235	(15) “Uniform used tire manifest system” means an administrative 5
236	236	method developed by the division under § 8 -9-407 that: 6
237	237	(A) For the management of information related to the 7
238	238	generation, collection, transportation, distribution, and recycling, 8
239	239	disposal, or resale of each recyclable tire, waste tire, and used tire culled 9
240	240	for resale regulated under this subchapter; and 10
241	241	(B) Records the origin, date of collection, date of 11
242	242	transfer, quantity, type, transporter, and destination for each recyclable 12
243	243	tire, waste tire, and used tire culled for resale regulated under this 13
244	244	subchapter; 14
245	245	(22)(A)(16)(A) “Used tire” means a tire that meets one (1) or 15
246	246	more of the following criteria: 16
247	247	(i) Is repairable or retreadable for its original 17
248	248	intended purpose; 18
249	249	(ii) Is reusable; 19
250	250	(iii) Is recyclable; or 20
251	251	(iv) Has been collected by a tire retailer or at a 21
252	252	tire collection center operated under this subchapter. 22
253	253	(B) “Used tire” includes without limitation a recyclable 23
254	254	tire, waste tire, and used tire culled for resale. 24
255	255	(C) “Used tire” does not include a tire being held for 25
256	256	ninety (90) days or less for the purpose of retreading or repairing the tire; 26
257	257	(23)(17) “Used tire culled for resale” means a tire that is 27
258	258	removed from the rim but is diverted from a tire collection center, tire 28
259	259	processing facility, or tire transporter with the intention of selling for 29
260	260	reuse; 30
261	261	(24) “Used tire program” means a program that receives funding 31
262	262	under this subchapter and is operated by: 32
263	263	(A) A regional solid waste management board; or 33
264	264	(B) An inter-district used tire program; 34
265	265	(25)(18) “Vehicle” means any piece of equipment that uses wheels 35
266	266	for surface mobility; 36 SB606
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269	269	(26)(19) “Waste tire” means a worn, damaged, or defective tire , 1
270	270	or a tire remnant destined for disposal that is land disposed because it is 2
271	271	no longer repairable, reusable, or suitable for its original intended 3
272	272	purpose; 4
273	273	(27)(A)(20)(A) “Waste tire site” means a location where 5
274	274	unpermitted used tires are accumulated, whether loosely stored, compacted and 6
275	275	baled, or a combination of both loosely stored and compacted and baled. 7
276	276	(B) “Waste tire site” does not include: 8
277	277	(i) A location where only new tires are stored; or 9
278	278	(ii) A location that is authorized to store tires by 10
279	279	the division or rules promulgated by the Arkansas Pollution Control and 11
280	280	Ecology Commission; and 12
281	281	(28)(21) “Waste tires originating from a tire manufacturer” 13
282	282	means those new tires that originate from a tire assembly process and are 14
283	283	determined by the tire manufacturer to be either defective or unfit for use 15
284	284	on a vehicle; and 16
285	285	(29) “Wide-base tire” or “extra -wide single tire” means a tire 17
286	286	approximately four hundred fifty -five millimeters (455 mm) wide that is used 18
287	287	on a vehicle in which the front axle load exceeds the load capacity of a 19
288	288	truck tire. 20
289	289	21
290	290	8-9-403. Operation of waste tire sites — Requirements and prohibited 22
291	291	activities. 23
292	292	(a)(1) The owner or operator of any waste tire site shall provide the 24
293	293	Division of Environmental Quality and the applicable regional solid waste 25
294	294	management district with: 26
295	295	(A) Information concerning the waste tire site's location 27
296	296	and size and the approximate number of tires that are accumulated at the 28
297	297	waste tire site; and 29
298	298	(B) A written plan specifying a method and time schedule, 30
299	299	subject to approval by the division, for the removal, disposal, or recycling 31
300	300	of the tires. 32
301	301	(2) The owner or operator shall implement a written plan 33
302	302	approved by the division according to the written plan's schedule. 34
303	303	(b) A person shall not cause or permit the open burning of tires in 35
304	304	the state. 36 SB606
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307	307	(c)(1) A person shall not maintain a waste tire site. 1
308	308	(2) It is illegal for any person to dispose of tires or portions 2
309	309	of tires in the state unless the tires or portions of tires are disposed of 3
310	310	for processing or collected for processing at a permitted tire processing 4
311	311	facility, a tire collection center, or a permitted solid waste disposal 5
312	312	facility. 6
313	313	(3)(A) Unless otherwise provided by law or rule, whole tires 7
314	314	shall not be deposited into a landfill or a waste tire monofill as a method 8
315	315	of final disposal unless shredded or split into sufficiently small parts to 9
316	316	assure their proper disposal. 10
317	317	(B) Unless otherwise provided by law or rule, only small 11
318	318	tires that have been processed by cutting, shredding, or splitting into 12
319	319	sufficiently small parts to assure proper disposal or small tires processed 13
320	320	by baling may be disposed of at a disposal site that has a permit issued for 14
321	321	a landfill designed and operated as a waste tire monofill. 15
322	322	(C) Suitable processed-tire materials may be used in the 16
323	323	construction of daily and intermediate cover systems for all landfills if the 17
324	324	use is: 18
325	325	(i) Authorized by the division; 19
326	326	(ii) Shown to not present a threat to human health 20
327	327	and the environment; and 21
328	328	(iii) Shown to control disease, vectors, fires, 22
329	329	odors, blowing litter, or scavenging. 23
330	330	(4) A person who leases, owns, or otherwise controls real 24
331	331	property may use tires in compliance with procedures approved by and rules 25
332	332	promulgated by the Arkansas Pollution Control and Ecology Commission and 26
333	333	procedures approved by each district: 27
334	334	(A) For soil erosion abatement and drainage purposes; or 28
335	335	(B) To secure covers over silage, hay, straw, or 29
336	336	agricultural products. 30
337	337	(d) A tire processing facility permit or tire collection center 31
338	338	permit, or both, is required for: 32
339	339	(1) A tire retreading business where tires are kept on any real 33
340	340	property owned, leased, or otherwise controlled by the tire retreading 34
341	341	business; 35
342	342	(2) A person that in the ordinary course of business removes 36 SB606
343	343
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345	345	tires from rims and the tires removed from rims are stored for more than 1
346	346	ninety (90) calendar days on any real property owned, leased, or otherwise 2
347	347	controlled by the person; or 3
348	348	(3) A tire retailer that is serving as a tire collection center 4
349	349	if recyclable tires, waste tires, or used tires culled for resale are kept on 5
350	350	any real property owned, leased, or otherwise controlled by the tire 6
351	351	retailer. 7
352	352	(e)(1) If disposed or recycled in the state, waste tires originating 8
353	353	from a tire manufacturer shall be disposed of at transported to a permitted 9
354	354	tire collection center or disposed of at a permitted tire processing facility 10
355	355	for a fee to be established by the permitted tire collection center or 11
356	356	permitted tire processing facility. 12
357	357	(2) Records of the disposition of the waste tires originating 13
358	358	from a tire manufacturer shall be maintained by that tire manufacturer for a 14
359	359	period of at least three (3) years and shall be available for review by the 15
360	360	division. 16
361	361	17
362	362	8-9-404. Rim removal fees — Import fees — Commercial generator Tire 18
363	363	generator fees — Definitions. 19
364	364	(a)(1) There is imposed a rim removal fee upon the transaction of 20
365	365	removing a tire from a rim that is related to the sale of a replacement tire 21
366	366	by a tire retailer. 22
367	367	(2) The rim removal fee shall be charged by the tire retailer to 23
368	368	a person who: 24
369	369	(A) Purchases a replacement tire for a rim that 25
370	370	necessitates the removal of a different tire from the same rim; or 26
371	371	(B) Purchases the service of removal of a tire from a rim 27
372	372	and replacement with a tire that was not purchased from the tire retailer if 28
373	373	the person requesting the rim removal cannot show proof of payment of the rim 29
374	374	removal fee under this section for the replacement tire. 30
375	375	(3)(A) The rim removal fee shall be imposed at the rate of three 31
376	376	dollars ($3.00) for each new tire that replaces a tire removed from a rim and 32
377	377	one dollar ($1.00) for each used tire that replaces the tire removed from the 33
378	378	rim. 34
379	379	(B) Except for the rim removal fees imposed under this 35
380	380	section, a tire retailer shall not charge any other fee to a person who 36 SB606
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383	383	purchases the service of removal of a tire from a rim. 1
384	384	(C) For any tires collected by a tire retailer, the tire 2
385	385	retailer shall ensure that the tires are transported by a licensed tire 3
386	386	transporter to a permitted tire collection center, a solid waste management 4
387	387	facility, a tire processing facility, or another tire retailer. 5
388	388	(D) The tire retailer shall account for each tire removed 6
389	389	from a rim in the manner prescribed by the Department of Finance and 7
390	390	Administration. 8
391	391	(E) Each tire retailer shall register with the department 9
392	392	and comply with all requirements related to collecting and reporting rim 10
393	393	removal fees. 11
394	394	(4) The rim removal fees imposed under this section shall be 12
395	395	added to the total cost charged by the tire retailer to the purchaser after 13
396	396	all applicable gross receipts or compensating use taxes on the tires have 14
397	397	been computed and shall be separately stated on the invoice or bill of sale. 15
398	398	(5)(A) The rim removal fees imposed under this section shall be 16
399	399	paid monthly to the Secretary of the Department of Finance and 17
400	400	Administration. 18
401	401	(B) However, the tire retailer may retain five percent 19
402	402	(5%) of the rim removal fee imposed under subdivision (a)(3)(A) of this 20
403	403	section for administrative costs. 21
404	404	(6)(A) The rim removal fees remitted under subdivision (a)(5)(A) 22
405	405	of this section shall be collected by the secretary and shall be subject to 23
406	406	the Arkansas Tax Procedure Act, § 26 -18-101 et seq. and the business closure 24
407	407	procedures under § 26 -18-1001 et seq. 25
408	408	(B)(i) Each tire retailer shall file a return with the 26
409	409	secretary on or before the twentieth of each month. 27
410	410	(ii) The return shall show the total rim removal 28
411	411	fees collected for each tire removed from the rim during the preceding 29
412	412	calendar month. 30
413	413	(iii) The tire retailer shall remit the rim removal 31
414	414	fees with the return. 32
415	415	(iv) The secretary shall prescribe the form and 33
416	416	contents of the return. 34
417	417	(b)(1) The department shall deposit the proceeds from rim removal fees 35
418	418	collected under subsection (a) of this section into the State Treasury as 36 SB606
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421	421	special revenues to the credit of the following funds in the following 1
422	422	percentages: 2
423	423	(A) Ninety-three percent (93%) to be deposited into the 3
424	424	Used Tire Recycling Fund; and 4
425	425	(B) Seven percent (7%) to be deposited into the Division 5
426	426	of Environmental Quality Fee Trust Fund. 6
427	427	(2) As used in this section, “proceeds from rim removal fees” 7
428	428	means all moneys collected and received by the department under this section 8
429	429	for rim removal fees imposed under subsection (a) of this section and 9
430	430	interest and penalties on delinquent rim removal fees. 10
431	431	(c)(1)(A) There is imposed an import fee of one dollar ($1.00) on each 11
432	432	used tire that is imported into Arkansas. 12
433	433	(B) A person who imports a used tire shall be registered 13
434	434	with the department and comply with all requirements related to collecting 14
435	435	and reporting import fees. 15
436	436	(2) The import fee imposed under this subsection shall be paid 16
437	437	by the person who imports the used tire to the department in accordance with 17
438	438	the Arkansas Tax Procedure Act, § 26 -18-101 et seq., the business closure 18
439	439	procedures under § 26 -18-1001 et seq., and any rules promulgated by the 19
440	440	department. 20
441	441	(3)(A) The department shall deposit the proceeds from import 21
442	442	fees imposed under this subsection into the State Treasury as special 22
443	443	revenues to the credit of the following funds in the following percentages: 23
444	444	(i) Ninety-three percent (93%) to be deposited into 24
445	445	the Used Tire Recycling Fund; and 25
446	446	(ii) Seven percent (7%) to be deposited into the 26
447	447	Division of Environmental Quality Fee Trust Fund. 27
448	448	(B) As used in this section, “proceeds from import fees” 28
449	449	means all moneys collected and received by the department under this 29
450	450	subsection and interest and penalties on delinquent import fees. 30
451	451	(a)(1) A person who imports a used tire into this state shall be 31
452	452	responsible for legally hauling and disposing of or recycling the waste tires 32
453	453	and residuals. 33
454	454	(2) A tire retailer may collect and charge a fee for the cost of 34
455	455	legally hauling and disposing of or recycling the waste tires and residuals. 35
456	456	(d)(1)(b)(1) There is imposed a commercial generator tire retailer fee 36 SB606
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459	459	upon the transaction of a commercial generator tire retailer selling or 1
460	460	delivering a new tire as part of fleet services . 2
461	461	(2) The commercial generator tire retailer fee shall be charged 3
462	462	by the commercial generator tire retailer to a person who in the ordinary 4
463	463	course of business is an end user that removes used tires from the rim and 5
464	464	replaces them with of a new tire. 6
465	465	(3)(A) The commercial generator tire retailer fee shall be 7
466	466	imposed at the rate of three dollars ($3.00) one dollar and fifty cents 8
467	467	($1.50) for each new tire that is sold or delivered to an end user that 9
468	468	removes used tires from the rim and replaces them with a new tire . 10
469	469	(B) Except for the commercial generator fees imposed under 11
470	470	this section, the commercial generator shall not charge any other fee to the 12
471	471	end user. 13
472	472	(C)(i)(B)(i) For any used tires collected by a commercial 14
473	473	generator tire retailer, the first transportation of the used tire from the 15
474	474	end user to the commercial generator's tire retailer's facility does not 16
475	475	require a licensed tire transporter. 17
476	476	(ii) Any subsequent transportation of the used tire 18
477	477	by the commercial generator tire retailer for recycling or disposal requires 19
478	478	a licensed tire transporter and shall be accounted for using the electronic 20
479	479	uniform used tire manifest system . 21
480	480	(D)(C) Each commercial generator tire retailer shall 22
481	481	register with the department Department of Finance and Administration and 23
482	482	comply with all requirements related to collecting and reporting commercial 24
483	483	generator tire retailer fees. 25
484	484	(4) The commercial generator tire retailer fees imposed under 26
485	485	this section shall be added to the total cost charged by the commercial 27
486	486	generator tire retailer to the end user after all applicable gross receipts 28
487	487	or compensating use taxes on the tires have been computed and shall be 29
488	488	separately stated on the invoice or bill of sale. 30
489	489	(5)(A) The commercial generator tire retailer fees imposed under 31
490	490	this section shall be paid monthly to the secretary department. 32
491	491	(B) However, the commercial generator tire retailer may 33
492	492	retain five percent (5%) two percent (2%) of the commercial generator tire 34
493	493	retailer fee imposed under subdivision (d)(3)(A) (b)(3)(A) of this section 35
494	494	for administrative costs. 36 SB606
495	495
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497	497	(6)(A) The commercial generator tire retailer fees remitted in 1
498	498	subdivision (d)(5)(A) (b)(5)(A) of this section shall be collected by the 2
499	499	secretary department and shall be subject to the Arkansas Tax Procedure Act, 3
500	500	§ 26-18-101 et seq., and the business closure procedures under § 26 -18-1001 4
501	501	et seq. 5
502	502	(B)(i)(a) Each commercial generator tire retailer shall 6
503	503	file a return with the secretary department on or before the twentieth of 7
504	504	each month. 8
505	505	(b) The return shall show the total commercial 9
506	506	generator tire retailer fees collected for each tire sold or delivered to the 10
507	507	end user during the preceding calendar month. 11
508	508	(c) The commercial generator tire retailer 12
509	509	shall remit the commercial generator tire retailer fees with the return. 13
510	510	(ii) The secretary department shall prescribe the 14
511	511	form and contents of the return. 15
512	512	(7)(A) The department shall deposit the proceeds from commercial 16
513	513	generator tire retailer fees collected under this subsection into the State 17
514	514	Treasury as special revenues to the credit of the following funds in the 18
515	515	following percentages: 19
516	516	(A) Ninety-three percent (93%) to be deposited into the 20
517	517	Used Tire Recycling Fund; and 21
518	518	(B) Seven percent (7%) to be deposited into the Division 22
519	519	of Environmental Quality Fee Trust Fund Waste Tire Abatement Fund . 23
520	520	(B) No more than five hundred thousand ($500,000) 24
521	521	annually, with an annual escalator not to exceed two percent (2%), shall be 25
522	522	transferred to the Division of Environmental Quality Fee Trust Fund to be 26
523	523	used for administration expenses. 27
524	524	(8) As used in this section, “proceeds from commercial generator 28
525	525	fees” means all moneys collected and received by the department under this 29
526	526	section for commercial generator fees imposed under this subsection and 30
527	527	interest and penalties on delinquent commercial generator fees. 31
528	528	(e)(1) It is the purpose and intent of this section that only one (1) 32
529	529	of the following fees imposed under this section be charged for the 33
530	530	transaction of removing a tire from a rim that is related to the sale of a 34
531	531	replacement tire: 35
532	532	(A) The rim removal fee; or 36 SB606
533	533
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535	535	(B) The commercial generator fee. 1
536	536	(2) If a person establishes that he or she has paid one (1) of 2
537	537	the fees for a tire, the tire retailer or tire generator shall not charge an 3
538	538	additional fee for that tire. 4
539	539	(c)(1) If the balance of the Waste Tire Abatement Fund exceeds five 5
540	540	million dollars ($5,000,000), the Arkansas Pollution Control and Ecology 6
541	541	Commission may reduce the tire retailer fee up to fifty percent (50%). 7
542	542	(2) A decision to reduce the tire retailer fee under subdivision 8
543	543	(c)(1) of this section is effective for the fiscal year following the 9
544	544	commission’s decision. 10
545	545	(d)(1) If the Division of Environmental Quality is unable to locate 11
546	546	the person that is responsible for the waste tire site or compel the person 12
547	547	responsible for the waste tire site to remove the waste tires, the division 13
548	548	may use Waste Tire Abatement Fund moneys for the abatement of the waste tires 14
549	549	or offer a waste tire abatement grant to: 15
550	550	(A) A regional solid waste management district; 16
551	551	(B) A city; 17
552	552	(C) A county; 18
553	553	(D) A tire retailer that can prove that the waste tire 19
554	554	district failed to pick up or remove tires from the location of the tire 20
555	555	retailer in a reasonable time frame; or 21
556	556	(E) A planning and development district. 22
557	557	(2) If a waste tire abatement grant is awarded to a person 23
558	558	described in subdivision (d)(1) of this section, the person shall provide 24
559	559	manifests demonstrating ultimate disposal or recycling in conformity with § 25
560	560	8-9-403(c)(1). 26
561	561	(3) The division may deny an application for reimbursement of 27
562	562	waste tire site removal and delivery costs if the division determines that 28
563	563	the cost would result in insufficient moneys in the Waste Tire Abatement 29
564	564	Fund. 30
565	565	31
566	566	8-9-405. Used tire program reimbursements. 32
567	567	(a) The Division of Environmental Quality shall establish the Used 33
568	568	Tire Recycling and Accountability Program to: 34
569	569	(1) Reimburse used tire programs for used tire recycling and 35
570	570	disposal costs; 36 SB606
571	571
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573	573	(2) Incentivize recycling used tires collected under this 1
574	574	subchapter; 2
575	575	(3) Provide accountability for the disbursement of moneys to 3
576	576	used tire programs; and 4
577	577	(4) Otherwise improve the sustainability of used tire programs. 5
578	578	(b) To be eligible for reimbursements under this subchapter, a used 6
579	579	tire program shall: 7
580	580	(1) Be included in the solid waste management system under § 8 -8
581	581	9-101 et seq. for each regional solid waste management district that the used 9
582	582	tire program serves; 10
583	583	(2) Have a used tire management plan for each regional solid 11
584	584	waste management district that the used tire program serves to include 12
585	585	without limitation a schedule for identification and cleanup of waste tire 13
586	586	sites that is updated until abatement of each identified waste tire site is 14
587	587	completed; 15
588	588	(3) Be included in each regional solid waste management 16
589	589	district's recycling program under § 8 -9-203 that the used tire program 17
590	590	serves; 18
591	591	(4) If operated by a political subdivision of the state or other 19
592	592	public entity: 20
593	593	(A) Use the financial management system under § 14 -21-101 21
594	594	et seq.; 22
595	595	(B) Comply with the county purchasing procedures under § 23
596	596	14-22-101 et seq.; 24
597	597	(C) Comply with the Arkansas County Accounting Law of 25
598	598	1973, § 14-25-101 et seq.; and 26
599	599	(D) Comply with the Local Fiscal Management Responsibility 27
600	600	Act, § 14-77-101 et seq.; 28
601	601	(5) Be operated in compliance with this subchapter and all other 29
602	602	laws and rules related to the administration of solid waste management 30
603	603	systems and recycling programs in Arkansas; 31
604	604	(6) Encourage the voluntary establishment of tire collection 32
605	605	centers at tire retailers, tire processing facilities, and solid waste 33
606	606	disposal facilities for the deposit of tires generated in the state; 34
607	607	(7) Provide the division with business plan information required 35
608	608	under § 8-9-408; 36 SB606
609	609
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611	611	(8) Provide the division with all quarterly financial 1
612	612	information and progress reports related to § 8 -9-409; 2
613	613	(9)(A) Establish tire collection centers within each county 3
614	614	served by the used tire program that accepts tires from tire retailers at no 4
615	615	charge if the tire retailer establishes that it: 5
616	616	(i) Collects the rim removal fee imposed under § 8 -6
617	617	9-404(a); and 7
618	618	(ii) Complies with the electronic uniform used tire 8
619	619	manifest system under § 8 -9-407. 9
620	620	(B) The tire collection centers under this subdivision 10
621	621	(b)(9) may be at any one (1) or more of the following: 11
622	622	(i) A solid waste disposal facility; 12
623	623	(ii) A tire processing facility; or 13
624	624	(iii) A tire retailer; and 14
625	625	(10) Establish at least one (1) tire collection center within 15
626	626	each county served by the used tire program. 16
627	627	(c) A used tire program that receives reimbursements under this 17
628	628	section may: 18
629	629	(1) Contract with a tire processing facility that is approved by 19
630	630	the Director of the Division of Environmental Quality; 20
631	631	(2) Remove or contract for the removal of tires from waste tire 21
632	632	sites within the regional solid waste management district; 22
633	633	(3) Provide incentives for establishing privately operated tire 23
634	634	collection centers for the public; and 24
635	635	(4) Form an inter-district used tire program. 25
636	636	(d) Moneys disbursed from the Used Tire Recycling Fund by the division 26
637	637	for reimbursements under this section shall be: 27
638	638	(1) Distributed as provided under this section only to the used 28
639	639	tire programs that comply with all applicable requirements in this subchapter 29
640	640	related to the operation of used tire programs; 30
641	641	(2) Based on moneys available in the fund, the approved business 31
642	642	plan rate, quarterly financial reports, and other documentation submitted by 32
643	643	the used tire programs; and 33
644	644	(3) Made on a quarterly basis to the used tire programs. 34
645	645	(e)(1) Quarterly disbursements from the fund shall be paid each 35
646	646	quarter from all moneys available for disbursement in that quarter. 36 SB606
647	647
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649	649	(2) If there are insufficient moneys available in a quarter to 1
650	650	make reimbursements for all submitted requests under subsection (f) of this 2
651	651	section, the division shall calculate the total remaining funding available 3
652	652	and allocate the moneys available for reimbursement to each used tire program 4
653	653	based on a pro rata share of each used tire program's reimbursement request 5
654	654	compared to the total moneys available. 6
655	655	(3)(A) The Arkansas Pollution Control and Ecology Commission may 7
656	656	increase reimbursement rates if the director recommends an increase because 8
657	657	of one (1) or more of the following: 9
658	658	(i) The relevant consumer price index for the 10
659	659	preceding calendar year exceeded the consumer price index for calendar year 11
660	660	2018; or 12
661	661	(ii) The used tire programs have established an 13
662	662	increase in operation costs. 14
663	663	(B) An increase to any reimbursement rate under subsection 15
664	664	(f) of this section shall not exceed ten percent (10%) each calendar year. 16
665	665	(f) Based on data received from the electronic uniform used tire 17
666	666	manifest system and quarterly reports, the funding for reimbursement for 18
667	667	processing, recycling, or disposing of used tires at the approved business 19
668	668	plan rate may be available from the fund for used tire programs that are in 20
669	669	compliance with all applicable requirements of this subchapter. 21
670	670	(g) At the request of a used tire program that needs operational 22
671	671	assistance or guidance on compliance with this subchapter, the division shall 23
672	672	provide to the used tire program operational assistance or guidance on 24
673	673	compliance with this subchapter. 25
674	674	(h) The division shall: 26
675	675	(1) Develop market opportunities for beneficial use of used tire 27
676	676	material; and 28
677	677	(2) Educate the public on the Used Tire Recycling and 29
678	678	Accountability Program. 30
679	679	31
680	680	8-9-406. [Repealed.] 32
681	681	33
682	682	8-9-407. Electronic uniform Uniform used tire manifest system. 34
683	683	(a) The following entities shall use the electronic uniform used tire 35
684	684	manifest system to accurately report record all information related to the 36 SB606
685	685
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687	687	collection, transportation, distribution, and recycling or disposal of 1
688	688	recyclable tires, waste tires, and used tires culled for resale: 2
689	689	(1) Used tire programs Tire processors; 3
690	690	(2) Tire generators; and 4
691	691	(3) Tire collection centers ; 5
692	692	(4) Any person who: 6
693	693	(A) Removes a tire from the used tire program after it is 7
694	694	collected; or 8
695	695	(B) Imports a tire under § 8 -9-404(c); and 9
696	696	(5) Commercial generators . 10
697	697	(b) If any of the persons or entities listed in subsection (a) of this 11
698	698	section cannot use the electronic uniform used tire manifest system, the 12
699	699	person or entity may submit to the used tire program an equivalent paper 13
700	700	version which shall be entered into the electronic uniform used tire manifest 14
701	701	system. 15
702	702	16
703	703	8-9-408. Accountability requirements for used tire programs — Business 17
704	704	plans. 18
705	705	(a) On or before December 31, 2017, a used tire program that receives 19
706	706	funding under this subchapter shall provide the Arkansas Department of 20
707	707	Environmental Quality, now the Division of Environmental Quality, with a 21
708	708	business plan that establishes its current operating plan and a proposed 22
709	709	operating plan for calendar year 2018 and approved by its board. 23
710	710	(b) The minimum required information for the business plan is: 24
711	711	(1) Current operation information to include: 25
712	712	(A) An explanation of debt and debt repayment obligations, 26
713	713	including scheduled payments; 27
714	714	(B) A description of equipment used, including type, year 28
715	715	manufactured, debt obligations related to the equipment, and whether it is 29
716	716	leased or owned; 30
717	717	(C) An explanation of contract obligations including the 31
718	718	amount, length, and scope of the contract; 32
719	719	(D) A description of how tires are managed, to include 33
720	720	without limitation collection, transportation, and disposal or recycling; 34
721	721	(E) An explanation of costs, including the cost of tire 35
722	722	collection centers, other collection facilities, trailers, transfer stations, 36 SB606
723	723
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725	725	processing, mileage, fuel, and personnel; and 1
726	726	(F) The number of tires currently on any property owned, 2
727	727	leased, or otherwise controlled by each regional solid waste management 3
728	728	district included in the used tire program; and 4
729	729	(2) Proposed operation costs for calendar year 2018, to include: 5
730	730	(A) A description of how tires will be managed, to include 6
731	731	without limitation collection, storage, transportation, and disposal or 7
732	732	recycling; 8
733	733	(B) Estimated cost of utilities, personnel, equipment, 9
734	734	fees, leases, facilities, and any other costs related to the primary 10
735	735	operation of the used tire program; 11
736	736	(C) The capital improvement and maintenance plan with 12
737	737	estimated expenditures and costs; 13
738	738	(D) The estimated transportation cost including mileage, 14
739	739	fuel, equipment, personnel, utilities, insurance, bonds, and fees; 15
740	740	(E) The locations of all tire collection centers; and 16
741	741	(F) The types of tires managed, to include recyclable 17
742	742	tires, waste tires, and used tires culled for resale. 18
743	743	(c) A used tire program shall submit a revised business plan if there 19
744	744	is a substantial change in the used tire program operations or if the 20
745	745	division requests a revised business plan. 21
746	746	(d) A business plan or revised business plan submitted under this 22
747	747	subchapter is effective after approval by the division or its designee. 23
748	748	(e)(1) The approved business plan or approved revised business plan 24
749	749	shall include the approved business plan rates for each used tire program. 25
750	750	(2)(A) The division shall cooperate with the used tire programs 26
751	751	and other entities to develop each used tire program's approved business plan 27
752	752	rates for recyclable tires and waste tires. 28
753	753	(B) The approved business plan rates shall also use the 29
754	754	size of a tire, including without limitation small tires, large tires, and 30
755	755	extra-large tires, as a factor for determining the approved business plan 31
756	756	rates. 32
757	757	(f) A business plan or revised business plan that results in a 33
758	758	business plan rate increase is subject to review by the Legislative Council. 34
759	759	35
760	760	8-9-409. Performance and efficiency evaluations. 36 SB606
761	761
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763	763	(a) The Division of Environmental Quality shall develop a system to 1
764	764	evaluate and report the performance and efficiency of used tire programs and 2
765	765	the Used Tire Recycling and Accountability Program. 3
766	766	(b) The evaluation and reporting system shall use the following 4
767	767	performance indicators for each used tire program: 5
768	768	(1) The number of: 6
769	769	(A) Recyclable tires; 7
770	770	(B) Waste tires disposed in a landfill; and 8
771	771	(C) Waste tires disposed in a monofill; 9
772	772	(2) The number of reported waste tire sites located in the 10
773	773	regional solid waste management districts that are included in the used tire 11
774	774	program; 12
775	775	(3) Electronic uniform used tire manifest system compliance; 13
776	776	(4) Administrative expenses; 14
777	777	(5) Transportation expenses; 15
778	778	(6) Building, warehouse, and other facilities expenses; 16
779	779	(7) Revenue sources and the amount of revenue received from each 17
780	780	source; 18
781	781	(8) The number, location, and type of tire collection centers; 19
782	782	(9) Any identified operational issues; 20
783	783	(10) The number of enforcement actions against the used tire 21
784	784	program; and 22
785	785	(11) Any other performance indicators that are determined to be 23
786	786	useful to evaluate performance and efficiency. 24
787	787	(c) The evaluations under this section shall be completed on a 25
788	788	biennial basis for each used tire program. 26
789	789	27
790	790	8-9-410. Used tire programs. 28
791	791	(a)(1) In order to address efficiency in tire processing, including 29
792	792	without limitation transportation, there are created four (4) used tire 30
793	793	programs in the state. 31
794	794	(2) The four (4) used tire programs created under subdivision 32
795	795	(a)(1) of this section are composed as follows: 33
796	796	(A) Used Tire Program 1 consists of the following 34
797	797	counties: Benton, Carroll, Boone, Marion, Baxter, Washington, Madison, 35
798	798	Newton, Searcy, Crawford, Franklin, Johnson, Pope, Van Buren, Sebastian, 36 SB606
799	799
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801	801	Logan, Conway, Scott, Yell, and Perry; 1
802	802	(B) Used Tire Program 2 consists of the following 2
803	803	counties: Fulton, Sharp, Randolph, Clay, Izard, Lawrence, Greene, Stone, 3
804	804	Independence, Jackson, Craighead, Mississippi, Cleburne, Faulkner, White, 4
805	805	Poinsett, Woodruff, Cross, Pulaski, and Crittenden; 5
806	806	(C) Used Tire Program 3 consists of the following 6
807	807	counties: Polk, Montgomery, Sevier, Howard, Pike, Clark, Little River, 7
808	808	Hempstead, Nevada, Miller, Lafayette, Saline, Dallas, Ouachita, Union, 8
809	809	Garland, Hot Spring, and Columbia; and 9
810	810	(D) Used Tire Program 4 consists of the following 10
811	811	counties: Grant, Jefferson, Arkansas, Phillips, Cleveland, Lincoln, Desha, 11
812	812	Calhoun, Bradley, Drew, Ashley, Lonoke, Prairie, Monroe, St. Francis, Lee, 12
813	813	and Chicot. 13
814	814	(b)(1) Each new used tire program is governed by a tire accountability 14
815	815	board that is composed of eleven (11) members: 15
816	816	(A) Five (5) county judges, elected by the county judges 16
817	817	of the used tire program; 17
818	818	(B) Two (2) county judges, appointed from the two (2) most 18
819	819	populous counties in the used tire program according to the most recent 19
820	820	federal census; and 20
821	821	(C) Four (4) mayors, elected by the mayors of all of the 21
822	822	cities in the used tire program. 22
823	823	(2) Each member of the tire accountability board shall serve for 23
824	824	a term of three (3) years. 24
825	825	(3) The members of the tire accountability board shall draw lots 25
826	826	for staggered terms at the first organizational meeting. 26
827	827	(4) A vacancy on the tire accountability board shall be filled 27
828	828	through the process described in the bylaws of the tire accountability board. 28
829	829	(c)(1) A tire accountability board shall: 29
830	830	(A) Elect a chair and a vice -chair at an organizational 30
831	831	meeting; 31
832	832	(B) Develop bylaws to govern the tire accountability 32
833	833	board, including without limitation rules related to the replacement of 33
834	834	members of the tire accountability board in the event of a vacancy; and 34
835	835	(C) Submit a business plan to the Division of 35
836	836	Environmental Quality for approval on or before September 1, 2023. 36 SB606
837	837
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839	839	(2) The division shall approve or seek additional information 1
840	840	regarding the business plan submitted under subdivision (c)(1)(C) of this 2
841	841	section within sixty (60) days. 3
842	842	(d) The tire accountability board in each of the used tire programs 4
843	843	may enter into an interlocal agreement to determine the highest level of 5
844	844	efficiency regarding tire processing in the respective used tire program. 6
845	845	(e) Arkansas Legislative Audit shall audit the four (4) used tire 7
846	846	programs on the following schedule: 8
847	847	(1) Used Tire Program 1 and Used Tire Program 3 every odd -9
848	848	numbered year; and 10
849	849	(2) Used Tire Program 2 and Used Tire Program 4 every even -11
850	850	numbered year. 12
851	851	13
852	852	8-9-411. Tire transporters — Licenses. 14
853	853	(a) A tire transporter shall meet the following requirements to 15
854	854	perform or be compensated be licensed for any duties under this subchapter 16
855	855	related to the administration and operation of a used tire program : 17
856	856	(1) Obtain for each vehicle a license; 18
857	857	(2) Obtain for each vehicle a tire transporter number provided 19
858	858	by the Division of Environmental Quality used for the electronic uniform used 20
859	859	tire manifest system; 21
860	860	(3) Provide proof that each vehicle has passed an annual safety 22
861	861	inspection; 23
862	862	(4) Provide proof of financial responsibility for each vehicle 24
863	863	and authorized driver; 25
864	864	(5) Provide a bond in the amount of ten thousand dollars 26
865	865	($10,000); 27
866	866	(6) Establish that each authorized driver has completed training 28
867	867	for the electronic uniform used tire manifest system; and 29
868	868	(7)(6) Pay a fee of fifty dollars ($50.00) for each vehicle that 30
869	869	is licensed. 31
870	870	(b) For each tire transporter licensed under this section, the 32
871	871	division shall assign a tire transporter number and include the tire 33
872	872	transporter information in the electronic uniform used tire manifest system. 34
873	873	(c)(1) If a tire transporter is found to have not complied with this 35
874	874	subchapter, the tire transporter's license shall be suspended for three (3) 36 SB606
875	875
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877	877	months. 1
878	878	(2) If the license of a tire transporter is suspended more than 2
879	879	one (1) time in three (3) years, the tire transporter's license shall be 3
880	880	revoked and the tire transporter is ineligible for a tire transporter license 4
881	881	for three (3) years. 5
882	882	6
883	883	8-9-412. Additional fees. 7
884	884	(a) A used tire program may charge an additional fee for the 8
885	885	collection and recycling of extra -large tires from sources other than 9
886	886	registered tire retailers and for any tires in excess of the maximum under § 10
887	887	8-9-414(b)(7). 11
888	888	(b) If a used tire program charges an additional fee under this 12
889	889	section, the fee shall be collected and retained by the used tire program for 13
890	890	costs related to the processing of extra -large tires. 14
891	891	15
892	892	8-9-413. Applicability. 16
893	893	The fees imposed by this subchapter shall not apply to : 17
894	894	(1) Large retreaded retreaded tires; 18
895	895	(2) Tires included as part of the equipment of a new vehicle; or 19
896	896	(3) Tires included as part of the equipment of a used vehicle if 20
897	897	included on the used vehicle at the time of sale and in the sales price of 21
898	898	the used vehicle. 22
899	899	23
900	900	8-9-414. Powers and duties of the Arkansas Pollution Control and 24
901	901	Ecology Commission. 25
902	902	(a) The Arkansas Pollution Control and Ecology Commission shall 26
903	903	promulgate rules to carry out the intent and purposes of this subchapter. 27
904	904	(b) The rules shall: 28
905	905	(1)(A) Except as provided under subdivision (b)(1)(B) of this 29
906	906	section, provide for the administration of permits for tire processing 30
907	907	facilities, tire collection centers, commercial tire generators, and any 31
908	908	other person or entity that collects, receives, processes, recycles, or 32
909	909	disposes of used waste tires regulated under this subchapter with the maximum 33
910	910	permit fee not to exceed two hundred fifty dollars ($250) annually fees 34
911	911	calculated to generate revenues not to exceed the reasonable administrative 35
912	912	costs of licensing, evaluating, and taking action on permit applications and 36 SB606
913	913
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915	915	costs of implementing and enforcing the terms and conditions of permits and 1
916	916	licenses. 2
917	917	(B) The maximum permit fee under this subdivision (b)(1) 3
918	918	shall not apply to tire transporters but shall provide for the administration 4
919	919	of licensing for tire transports ; 5
920	920	(2) Establish standards for tire processing facilities, tire 6
921	921	collection centers, tire transporters, and beneficial use projects; 7
922	922	(3) Establish procedures for administering reimbursements to 8
923	923	used tire programs under § 8 -9-405; 9
924	924	(4)(3) Unless otherwise provided by law, authorize the final 10
925	925	disposition of waste tires at a permitted solid waste disposal facility if 11
926	926	the waste tires have been cut into sufficiently small parts for proper 12
927	927	disposal and in compliance with this subchapter and all other applicable 13
928	928	provisions in this title; and 14
929	929	(5)(4) Establish procedures for administering the electronic 15
930	930	uniform used tire manifest system ;. 16
931	931	(6) Establish accountability procedures for the sustainability 17
932	932	of used tire programs operated under this subchapter; and 18
933	933	(7)(A) Establish the number of tires that each individual who is 19
934	934	a resident of a regional solid waste management district may discard monthly 20
935	935	without a fee. 21
936	936	(B) The maximum number of tires under this subdivision 22
937	937	(b)(7) shall not be more than four (4) tires per month. 23
938	938	(c) The commission may: 24
939	939	(1) Develop an alternative tire transporter licensing program to 25
940	940	be administered by used tire programs, regional solid waste management 26
941	941	boards, or both; 27
942	942	(2) Promulgate rules that are necessary to administer the fees 28
943	943	and reimbursement rates for services provided under this subchapter by the 29
944	944	used tire programs; and 30
945	945	(3) Clarify and add definitions for sizes of tires using 31
946	946	technical information and specifications. 32
947	947	(d)(1)(c)(1) The commission shall encourage the establishment of 33
948	948	voluntary tire collection centers where used tires generated in Arkansas can 34
949	949	be deposited. 35
950	950	(2) The voluntary tire collection centers shall include without 36 SB606
951	951
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953	953	limitation tire retailers, tire processing facilities, and solid waste 1
954	954	disposal facilities. 2
955	955	(3) The voluntary tire collection centers shall not include the 3
956	956	collection of tires generated by a tire manufacturer. 4
957	957	(e)(d) The commission shall not prohibit the disposal of whole waste 5
958	958	tires in landfills or monofills for three (3) years from August 1, 2017 and 6
959	959	new or expanded tire monofill permits . 7
960	960	(f) The commission shall waive the imposition of any permit fee 8
961	961	imposed under this subchapter on any used tire program created by § 8 -9-410. 9
962	962	10
963	963	8-9-415. Permitting, licensing, inspections, procedures, enforcement, 11
964	964	and penalties. 12
965	965	(a) A person who receives funding under this subchapter, tire Tire 13
966	966	collection centers, tire retailers, tire processing facilities, tire 14
967	967	transporters, tire generators, commercial generators, used tires regulated 15
968	968	under this subchapter, and waste tire sites are subject to: 16
969	969	(1) All provisions in § 8 -1-101 et seq., § 8-1-201 et seq., § 8-17
970	970	1-301 et seq., § 8-4-101 et seq., and § 8 -4-201 et seq., concerning permits, 18
971	971	licensing, inspections, and procedures; 19
972	972	(2) Sections 8-6-204, 8-6-205, 8-6-207(a)(6), and 8-9-105 20
973	973	concerning penalties and enforcement; and 21
974	974	(3) All applicable rules promulgated by the Arkansas Pollution 22
975	975	Control and Ecology Commission .; 23
976	976	(4)(A) Tire retailers and tire wholesalers who sell used tires 24
977	977	as a commodity shall do so only from stock that has been sorted, marked, 25
978	978	classified, and arranged in an organized manner for sale to a consumer. 26
979	979	(B)(i) Tires stored outside shall be monitored for 27
980	980	vectors. 28
981	981	(ii) Appropriate vector control measures shall be 29
982	982	utilized at least once every two (2) weeks; and 30
983	983	(5) Tire processors shall maintain received or generated uniform 31
984	984	used tire manifests for a period of three (3) years to be available upon 32
985	985	request by the division. 33
986	986	(b) A used tire program is subject to penalties and enforcement under 34
987	987	this subchapter for noncompliance with this subchapter to include without 35
988	988	limitation: 36 SB606
989	989
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991	991	(1) Failure to use the electronic uniform used tire manifest 1
992	992	system; 2
993	993	(2) Failure to submit accurate information to the electronic 3
994	994	uniform used tire manifest system; 4
995	995	(3) Failure to submit an approved business plan on or before 5
996	996	July 1, 2018; 6
997	997	(4) Failure to submit a revised business plan as required under 7
998	998	§ 8-9-408(c); 8
999	999	(5) Failure to submit an approved revised business plan within 9
1000	1000	three (3) months after submission; or 10
1001	1001	(6) Failure to provide documentation or reports required to be 11
1002	1002	filed with the Division of Environmental Quality under this subchapter. 12
1003	1003	(c)(1) If a used tire program fails to submit a business plan that is 13
1004	1004	approved by the Arkansas Department of Environmental Quality or the division 14
1005	1005	on or before July 1, 2018, the used tire program and all regional solid waste 15
1006	1006	management boards included in the used tire program on July 1, 2018, are: 16
1007	1007	(A) Ineligible to receive funding under this subchapter 17
1008	1008	and from the Used Tire Recycling Fund; 18
1009	1009	(B) Prohibited from administering and operating a used 19
1010	1010	tire program; and 20
1011	1011	(C) Prohibited from imposing any fees to support the 21
1012	1012	administration and operation of a used tire program. 22
1013	1013	(2)(A) The division may designate a qualified entity to perform 23
1014	1014	the duties related to the operation and administration of a used tire program 24
1015	1015	deemed ineligible under subdivision (c)(1) of this section. 25
1016	1016	(B) A qualified entity that is designated to perform the 26
1017	1017	duties related to the operation and administration of a used tire program 27
1018	1018	under this subsection shall operate the used tire program in compliance with 28
1019	1019	this subchapter. 29
1020	1020	(C) If the qualified entity performs the duties related to 30
1021	1021	the operation and administration of the used tire program in compliance with 31
1022	1022	this subchapter, the qualified entity is eligible to receive funding under 32
1023	1023	this subchapter and from the fund. 33
1024	1024	(d)(b) In addition to any other penalty provided by law, a tire 34
1025	1025	processing facility permit or a tire collection center permit shall may be 35
1026	1026	suspended or revoked by the Division of Environmental Quality for 36 SB606
1027	1027
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1029	1029	noncompliance with this subchapter. 1
1030	1030	2
1031	1031	SECTION 2. Arkansas Code Title 8, Chapter 9, Subchapter 4, is amended 3
1032	1032	to add an additional section to read as follows: 4
1033	1033	8-9-416. Cost recovery — Liability for costs — Immunity from 5
1034	1034	liability. 6
1035	1035	(a) Any of the following shall be liable to the state for all costs of 7
1036	1036	waste tire abatement under this subchapter: 8
1037	1037	(1) The owner or operator of a waste tire site; 9
1038	1038	(2) Any person that, at the time of disposal of any waste tires, 10
1039	1039	owns or operates a waste tire site; 11
1040	1040	(3) Any generator of tires that creates a waste tire site; 12
1041	1041	(4) Any tire transporter that creates or adds to a waste tire 13
1042	1042	site; or 14
1043	1043	(5) Any tire processor or landfill that creates or adds to a 15
1044	1044	waste tire site. 16
1045	1045	(b)(1) A person shall not be liable under this subchapter for damages 17
1046	1046	as a result of actions taken or omitted in the course of rendering care, 18
1047	1047	assistance, or advice at the direction of the Department of Energy and 19
1048	1048	Environment, the Secretary of the Department of Energy and Environment, or 20
1049	1049	the Division of Environmental Quality with respect to an incident creating a 21
1050	1050	danger to public health, safety, or welfare or the environment as a result of 22
1051	1051	a waste tire site. 23
1052	1052	(2)(A) This subsection shall not preclude liability for damages 24
1053	1053	as a result of gross negligence or intentional misconduct on the part of the 25
1054	1054	person, nor shall this subsection preclude liability for damages and costs of 26
1055	1055	waste tire abatement of any person liable for such damages and costs under 27
1056	1056	subsection (a) of this section. 28
1057	1057	(B) For the purposes of subdivision (b)(2)(A) of this 29
1058	1058	section, reckless, willful, or wanton misconduct shall constitute gross 30
1059	1059	negligence. 31
1060	1060	(c)(1) A person performing waste tire abatement under this subchapter 32
1061	1061	as a contractor for the division shall not be liable under this subchapter or 33
1062	1062	under any other state law to any person for injuries, costs, damages, 34
1063	1063	expenses, or other liability, including without limitation claims for 35
1064	1064	indemnification or contribution and claims by third parties for death, 36 SB606
1065	1065
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1067	1067	personal injury, illness, loss of or damage to property, or economic loss 1
1068	1068	resulting from the abatement. 2
1069	1069	(2) However, this subsection shall not apply in an action that 3
1070	1070	is caused by the conduct of the person performing abatement that is negligent 4
1071	1071	or grossly negligent or which constitutes intentional misconduct. 5
1072	1072	(d)(1) A state employee or an employee of a political subdivision who 6
1073	1073	provides services relating to abatement while acting within the scope of his 7
1074	1074	or her authority as a governmental employee shall not be liable, subject to 8
1075	1075	the other provisions of this section, to any person for injuries, costs, 9
1076	1076	damages, expenses, or other liability, including without limitation claims 10
1077	1077	for indemnification or contribution and claims by third parties for death, 11
1078	1078	personal injury, illness, loss of or damage to property, or economic loss 12
1079	1079	resulting from the abatement. 13
1080	1080	(2) However, this subsection shall not apply in an action that 14
1081	1081	is caused by the conduct of the person performing abatement that is negligent 15
1082	1082	or grossly negligent or which constitutes intentional misconduct. 16
1083	1083	(e)(1) Subsection (c) or subsection (d) of this section does not 17
1084	1084	affect the liability of any person under warranty law. 18
1085	1085	(2) The section does not affect the liability of an employer 19
1086	1086	performing abatement to any employee of any such employer under any provision 20
1087	1087	of law, including any provision of any law relating to workers' compensation. 21
1088	1088	22
1089	1089	SECTION 3. Arkansas Code § 8 -6-1002(b)(3), concerning the Landfill 23
1090	1090	Post-Closure Trust Fund, is amended to read as follows: 24
1091	1091	(3) The fund shall be administered by the division and may be 25
1092	1092	used by the division to complete all activities necessary for the closure of 26
1093	1093	a permitted waste tire processing or disposal site that is owned or operated 27
1094	1094	by a regional solid waste management district or formerly owned and operated 28
1095	1095	by a used tire program if the division determines that the district lacks 29
1096	1096	sufficient funds to complete closure of the permitted waste tire processing 30
1097	1097	or disposal site. 31
1098	1098	32
1099	1099	SECTION 4. Effective July 1, 2026, Arkansas Code § 19 -5-1148 is 33
1100	1100	repealed. 34
1101	1101	19-5-1148. Used Tire Recycling Fund. 35
1102	1102	(a) There is created on the books of the Treasurer of State, the 36 SB606
1103	1103
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1105	1105	Auditor of State, and the Chief Fiscal Officer of the State a trust fund to 1
1106	1106	be known as the “Used Tire Recycling Fund”. 2
1107	1107	(b)(1) The Department of Finance and Administration shall deposit into 3
1108	1108	the State Treasury ninety -three percent (93%) of the moneys collected under § 4
1109	1109	8-9-404 to the credit of the Used Tire Recycling Fund. 5
1110	1110	(2) The Used Tire Recycling Fund shall consist of: 6
1111	1111	(A) Penalties assessed and collected under the Used Tire 7
1112	1112	Recycling and Accountability Act, § 8 -9-401 et seq.; 8
1113	1113	(B) Interest, earnings, and any other revenues as may be 9
1114	1114	authorized by law; 10
1115	1115	(C) Any United States Government moneys designated for 11
1116	1116	deposit into the Used Tire Recycling Fund; 12
1117	1117	(D) Any gift or donation to the Used Tire Recycling Fund; 13
1118	1118	and 14
1119	1119	(E) Those special revenues specified in § 8 -9-404 and § 15
1120	1120	19-6-301(165). 16
1121	1121	(3) The Used Tire Recycling Fund shall not include: 17
1122	1122	(A) Five percent (5%) of the rim removal fee retained for 18
1123	1123	administrative costs by tire retailers under § 8 -9-404(a)(5)(B) and 19
1124	1124	commercial generators under § 8 -9-404(d)(5)(B); 20
1125	1125	(B) The percentage of net special revenue deducted and 21
1126	1126	deposited to the credit of the Special Revenue Fund Account of the State 22
1127	1127	Apportionment Fund under § 19 -5-203; or 23
1128	1128	(C) Seven percent (7%) deducted from the proceeds of fees 24
1129	1129	imposed under § 8-9-404 and deposited into the Division of Environmental 25
1130	1130	Quality Fee Trust Fund under § 8 -9-404(b)(1)(B), § 8-9-404(c)(3)(A)(ii), and 26
1131	1131	§ 8-9-404(d)(7)(B). 27
1132	1132	(c)(1) At least ninety percent (90%) of the moneys available in the 28
1133	1133	Used Tire Recycling Fund each fiscal year shall be used by the Division of 29
1134	1134	Environmental Quality to provide reimbursements to used tire programs, to 30
1135	1135	administer the Used Tire Recycling and Accountability Program, and to perform 31
1136	1136	other duties under the Used Tire Recycling and Accountability Act, § 8 -9-401 32
1137	1137	et seq. 33
1138	1138	(2) The Director of the Division of Environmental Quality may 34
1139	1139	use not more than ten percent (10%) of the moneys available in the Used Tire 35
1140	1140	Recycling Fund each fiscal year: 36 SB606
1141	1141
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1143	1143	(A) For waste tire site abatement aid; 1
1144	1144	(B) For the development, implementation, and maintenance 2
1145	1145	of the electronic uniform used tire manifest system; and 3
1146	1146	(C) To provide market and economic stimulus incentives. 4
1147	1147	5
1148	1148	SECTION 5. Effective January 1, 2026, Arkansas Code Title 19, Chapter 6
1149	1149	5, Subchapter 11, is amended to add an additional section to read as follows: 7
1150	1150	19-5-1161. Waste Tire Abatement Fund. 8
1151	1151	(a) There is created on the books of the Treasurer of State, the 9
1152	1152	Auditor of State, and the Chief Fiscal Officer of the State a trust fund to 10
1153	1153	be known as the "Waste Tire Abatement Fund". 11
1154	1154	(b)(1) The Department of Finance and Administration shall deposit into 12
1155	1155	the State Treasury the moneys collected under § 8 -9-404 to the credit of the 13
1156	1156	Waste Tire Abatement Fund. 14
1157	1157	(2) No more than five hundred thousand dollars ($500,000) 15
1158	1158	annually, with an annual escalator not to exceed two percent (2%), shall be 16
1159	1159	transferred from the Waste Tire Abatement Fund to the Division of 17
1160	1160	Environmental Quality Fee Trust Fund to be used for administration expenses. 18
1161	1161	(3) The Waste Tire Abatement Fund shall consist of: 19
1162	1162	(A) Penalties assessed and collected under the Tire 20
1163	1163	Management and Recycling Act, § 8 -9-401 et seq.; 21
1164	1164	(B) Interest, earnings, and any other revenues as may be 22
1165	1165	authorized by law; 23
1166	1166	(C) Any United States Government moneys designated for 24
1167	1167	deposit into the Waste Tire Abatement Fund; 25
1168	1168	(D) Any gift or donation to the Waste Tire Abatement Fund; 26
1169	1169	and 27
1170	1170	(E) Those special revenues specified in §§ 8 -9-404 and 19-28
1171	1171	6-301(165). 29
1172	1172	(4) The Waste Tire Abatement Fund shall not include: 30
1173	1173	(A) Two percent (2%) of the fees retained for 31
1174	1174	administrative costs by tire retailers under § 8 -9-404(b)(5)(B); or 32
1175	1175	(B) The percentage of net special revenue deducted and 33
1176	1176	deposited to the credit of the Special Revenue Fund Account of the State 34
1177	1177	Apportionment Fund under § 19 -5-203. 35
1178	1178	(c) The Waste Tire Abatement Fund moneys shall be used: 36 SB606
1179	1179
1180	1180	32 04/01/2025 5:17:52 PM JMB421
1181	1181	(A) For the administration of the Tire Management 1
1182	1182	Recycling Program by the Division of Environmental Quality; 2
1183	1183	(B) For waste tire site abatement grants to entities 3
1184	1184	eligible under § 8-9-404(d)(1); 4
1185	1185	(C) To provide equipment grants and to promote economic 5
1186	1186	stimulus incentives; 6
1187	1187	(D) For funding of beneficial use projects and other waste 7
1188	1188	tire-related projects; and 8
1189	1189	(E) To ensure that waste tires handled under the Tire 9
1190	1190	Management Recycling Program that are collected by or sent through a tire 10
1191	1191	collection center or a tire processing facility for beneficial use are not 11
1192	1192	abandoned or discarded. 12
1193	1193	13
1194	1194	SECTION 6. DO NOT CODIFY. TEMPORARY LANGUAGE. Distribution of funds 14
1195	1195	from Used Tire Recycling Fund. 15
1196	1196	(a)(1) The chief fiscal officer of the Department of Energy and 16
1197	1197	Environment shall determine the total moneys available on February 28, 2026, 17
1198	1198	at 11:59 p.m. that were collected under § 8 -9-404(a)(1) rim removal fees. 18
1199	1199	(2) Until January 1, 2026, the rim removal fee under § 8 -9-404 19
1200	1200	shall remain at three dollars ($3.00) for each new tire that replaces a tire 20
1201	1201	removed from a rim and one dollar ($1.00) for each used tire that replaces 21
1202	1202	the tire removed from the rim. 22
1203	1203	(3) On January 1, 2026, the rim removal fee under § 8 -9-404 23
1204	1204	shall expire and the tire generator fee shall be imposed at the rate of one 24
1205	1205	dollar and fifty cents ($1.50) for each new tire. 25
1206	1206	(b) The moneys available under subdivision (a)(1) of this section 26
1207	1207	shall be used to reimburse used tire programs for used tire recycling and 27
1208	1208	disposal costs at the approved business rate through the second quarter of 28
1209	1209	fiscal year 2026. 29
1210	1210	(c) Any moneys remaining after all used tire programs have been 30
1211	1211	reimbursed, including any interest earnings or investment earnings on the 31
1212	1212	moneys available under subdivision (a)(1) of this section shall be 32
1213	1213	transferred to the Waste Tire Abatement Fund. 33
1214	1214	(d) This section expires after all used tire programs have received 34
1215	1215	reimbursement for the fourth quarter of fiscal year 2025 under subdivision 35
1216	1216	(a)(2) of this section. 36 SB606
1217	1217
1218	1218	33 04/01/2025 5:17:52 PM JMB421
1219	1219	1
1220	1220	SECTION 7. EFFECTIVE DATE. 2
1221	1221	(a) Section 4 concerning the repeal of the Used Tire Recycling Fund 3
1222	1222	shall be effective on July 1, 2026. 4
1223	1223	(b) Section 5 concerning the creation of the Waste Tire Abatement Fund 5
1224	1224	shall be effective on January 1, 2026. 6
1225	1225	(c) The fee that may be collected and charged by a tire retailer for 7
1226	1226	the cost of legally hauling and disposing of or recycling the waste tires and 8
1227	1227	residuals shall be effective on the effective date of this act. 9
1228	1228	10
1229	1229	11
1230	1230	12
1231	1231	13
1232	1232	14
1233	1233	15
1234	1234	16
1235	1235	17
1236	1236	18
1237	1237	19
1238	1238	20
1239	1239	21
1240	1240	22
1241	1241	23
1242	1242	24
1243	1243	25
1244	1244	26
1245	1245	27
1246	1246	28
1247	1247	29
1248	1248	30
1249	1249	31
1250	1250	32
1251	1251	33
1252	1252	34
1253	1253	35
1254	1254	36