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Regular Session, 2013
HOUSE BILL NO. 591
BY REPRESENTATIVE STUART BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ENVIRONMENT/WASTE TIRES: Provides for the waste tire program in the Department
of Environmental Quality
AN ACT1
To amend and reenact R.S. 30:2418(A), (B), (C), (H)(3) and (6), (I)(2) and (3)(a), and (N),2
relative to waste tires; to provide for waste tires; to provide for the disposal of waste3
tires; to provide for waste tire collection centers; to provide for notifications by waste4
tire collections centers; to provide for the authority to promulgate certain rules and5
regulations; to provide for payments to waste tire processors; to provide an effective6
date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 30:2418(A), (B), (C), (H)(3) and (6), (I)(2) and (3)(a), and (N) are9
hereby amended and reenacted to read as follows:10
§2418. Waste tires11
A. The owner or operator of a waste tire collection center shall, within six12
months after September 1, 1989, provide the department with a notification of the13
site's location, size, and the approximate number of waste tires that are accumulated14
at the site.15
B. After January 1, 1990, it It is unlawful for any person to dispose16
knowingly and intentionally of waste tires in the state, unless the waste tires are17
disposed of for processing, or collected for processing, at a permitted solid waste18
disposal facility, a permitted waste tire processing facility, or a waste tire collection19
center.20 HLS 13RS-527 ENGROSSED
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C. Waste tires that are not subjected to processing or recycling may not be1
deposited knowingly and intentionally in a landfill as a method of ultimate disposal2
after January 1, 1991. However, notwithstanding any other law or rule to the3
contrary, waste tires which have been prepared for disposal by cutting, separating,4
shredding, or other means in accordance with the rules or standards of the5
department may be disposed of in a landfill.6
* * *7
H. The secretary shall promulgate rules, regulations, and guidelines for the8
administration and enforcement of the waste tire program provided for in this9
Chapter, which shall be subject to legislative review and approval by the Senate10
Committee on Environmental Quality and the House Committee on Natural11
Resources and Environment. The rules, regulations, and guidelines shall provide for12
but not be limited to:13
* * *14
(3) Providing technical assistance and incentives to encourage market15
research and development projects. Beginning on July 1, 2003, and continuing until16
June 30, 2008, five percent of all monies from fees collected on the sale of tires and17
deposited in the fund provided for in Subsection G of this Section shall be used to18
encourage the development of products which are marketable and provide a19
beneficial use and for promotion of those products which have a beneficial use. The20
department shall make recommendations to the House Committee on Natural21
Resources and Environment and Senate Committee on Environmental Quality for tax22
credits to encourage the development and implementation of technologies utilizing23
used and recycled tire rubber. Upon expiration of the term provided for in this24
Subsection, any unexpended and unobligated monies deposited in the Waste Tire25
Management Fund pursuant to this Subsection in excess of five hundred thousand26
shall be available for expenditure pursuant to Subsection G of this Section.27
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(6) Establishing a priority system for the clean up of existing waste tires.1
Establishing a procedure, should funds be available, to cover the costs of transporting2
and recycling waste tires collected at collection centers and tire retailers.3
* * *4
I.5
* * *6
(2) A permitted waste tire processing facility shall be paid a minimum of7
seven and a half cents per pound of waste tire material that is recycled or that reaches8
end-market end market uses or per pound of whole waste tires marketed and shipped9
to a qualified recycler that are recycled or that reaches end market uses. This10
payment shall be made to the facility on or before the twelfth day of the month11
following the submission of the request for payment and shall be conditioned on the12
facility providing to the department any documentation, including but not limited to13
manifests, statements, or certified scale-weight tickets, required by law or by rules14
and regulations promulgated by the department.15
(3)(a) In the event the balance of the fund is insufficient to meet the16
obligations to waste tire processors provided for above in Paragraph (2) of this17
Subsection, the department, after meeting all payments required by law, shall pay18
any undisputed obligations in a pro rata share to waste tire processors having a19
standard permit when the request for payment was submitted . Any remaining20
undisputed obligations which would have been paid to waste tire processors but for21
the insufficiency of the Waste Tire Management Fund shall be paid from future22
surplus funds in the Waste Tire Management Fund as provided in Subparagraph (b)23
of this Paragraph.24
* * *25
N. The secretary shall promulgate rules to make payments to processors on26
the basis of weight or tire count at the option of the processor. Payments to a waste27
tire processor, or any portion thereof, shall not be temporarily or permanently28
withheld or terminated prior to written notification by the department of the reasons29 HLS 13RS-527 ENGROSSED
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for such withholding or termination to the processor by certified mail. Any such1
disputed funds shall be immediately placed in escrow pending final resolution of the2
matter.3
* * *4
Section 2. The Department of Environmental Quality shall initiate the rulemaking5
process pursuant to R.S. 49:953 to implement the provisions of this Act and shall submit the6
report required pursuant to R.S. 49:968(D) to the House Committee on Natural Resources7
and Environment and the Senate Committee on Environmental Quality by December 31,8
2013.9
Section 3. This Act shall become effective on July 1, 2013; if vetoed by the governor10
and subsequently approved by the legislature, this Act shall become effective on July 1,11
2013, or on the day following such approval by the legislature, whichever is later.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stuart Bishop HB No. 591
Abstract: Provides for the waste tire program in the Dept. of Environmental Quality
Present law provides that $2 per passenger/light truck tire, $5 per medium truck tire, and $10
per off-road tire be collected for every new tire sold. These fees are deposited into the Waste
Tire Management Fund which is used to operate the waste tire program in the Dept. of
Environmental Quality (DEQ). One aspect of that program is to reimburse waste tire
processors from the fund for scrapping waste tires generated within the state.
Present law requires the owner or operator of a waste tire collection center to provide the
department the location, size, and the approximate number of waste tires that are
accumulated at their site within six months after Sept. 1, 1989.
Present law prohibits any person after Jan. 1, 1990, to knowingly and intentionally dispose
of waste tires in the state, unless the waste tires are disposed of for processing, or collected
for processing at a permitted solid waste disposal facility, a permitted waste tire processing
facility, or a waste tire collection center.
Present law prohibits the knowingly or intentionally disposing of waste tires that are not
subjected to processing or recycling in a landfill after Jan. 1, 1991.
Proposed law retains present law except removes the dates.
Present law requires the secretary of DEQ to promulgate rules, regulations, and guidelines
for the administration and enforcement of a waste tire program. HLS 13RS-527 ENGROSSED
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Present law requires the rules and regulations to provide for technical assistance and
incentives to encourage market research and development projects. Proposed law retains
present law.
Present law requires the rules to provide that 5% of the funds collected from July 1, 2003,
through June 30, 2008, for the waste tire fund shall be used to encourage the development
and promotion of products which have a beneficial use. Any amounts in excess of $500,000
collected in that time after June 30, 2008, shall be used solely for the purposes of the Waste
Tire Management Fund. Further requires the department to make recommendations to the
oversight committees for tax credits to encourage development and implementation of
technologies utilizing used and recycled tire rubber. Proposed law repeals present law.
Present law requires the rules to establish a priority system for the clean up of existing waste
tires. Proposed law repeals present law and requires the establishment of a procedure,
should funds be available, to cover the costs of transporting and recycling waste tires
collected at collection centers and tire retailers.
Present law requires a waste tire processing facility to be paid by DEQ a minimum of 7-½¢
per pound of waste tire material that is recycled or that reaches end market uses or that
reaches end market uses or per whole waste tires marketed and shipped to a qualified
recycler.
Proposed law changes the requirement for payment for whole waste tires from that whole
waste tires be marketed and shipped to a qualified recycler to that whole waste tires be
recycled or reaches end market uses.
Present law conditions payment to the waste tire processing facility on providing
documentation required by rules and regulations. Proposed law retains present law.
Proposed law requires the payments to waste tire processors by the 12th day of the month
following the submission of the request for payment.
Present law provides that in the event the balance of the Waste Tire Management Fund is
insufficient to meet the obligations to waste tire processors, DEQ, after meeting all payments
required by law, pay any undisputed amounts in a pro rata share to waste tire processors
having a standard permit when the request was submitted. Proposed law retains present law.
Present law requires the secretary to make rules for payments to processors on the basis of
weight or tire count at the option of the processor. Proposed law removes the option to make
payments on the basis of tire count.
Present law prohibits withholding or terminating payments to a waste tire processor without
written notification of the reasons and requires any disputed payments be placed in escrow
until resolution. Proposed law retains present law.
Proposed law requires the department to initiate rulemaking to implement proposed law and
submit the summary report to the oversight committees by Dec. 31, 2013.
Effective July 1, 2013.
(Amends R.S. 30:2418(A), (B), (C), (H)(3) and (6), (I)(2) and (3)(a), and (N)) HLS 13RS-527 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Changes provisions for establishing a procedure for accepting payments from
collection centers and retailers for the costs of transporting and recycling
ineligible tires to establishing a procedure when funds are available to cover
those costs.
2. Changes the payments to waste tire processors from the 25th day of each month
to the 12th day of the month following the request for payment.
3. Retains present law providing that payments to processors due to insufficiencies
in the Waste Tire Management Fund shall be paid from future surplus in a pro
rata share.
4. Retains present law provisions providing for funding to local governing
authorities to remediate waste tires, encouraging the establishment of collection
centers at retailers.
5. Removes requirement that the Dept. of Environmental Quality initiate
rulemaking on or before Aug. 10, 2013.
6. Changes the submission of the summary report from the Senate Committee on
Natural Resources to the Senate Committee on Environmental Quality.