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ACT No. 323
Regular Session, 2013
HOUSE BILL NO. 591
BY REPRESENTATIVES STUART BISHOP AND HENRY BURNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 create and provide6
for the Waste Tire Program Task Force; to provide an effective date; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 30:2418(A), (B), (C), (H)(3) and (6), (I)(2), and (3)(a), and (N) are10
hereby amended and reenacted to read as follows:11
ยง2418. Waste tires12
A. The owner or operator of a waste tire collection center shall, within six13
months after September 1, 1989, provide the department with a notification of the14
site's location, size, and the approximate number of waste tires that are accumulated15
at the site.16
B. After January 1, 1990, it It is unlawful for any person to dispose17
knowingly and intentionally of waste tires in the state, unless the waste tires are18
disposed of for processing, or collected for processing, at a permitted solid waste19
disposal facility, a permitted waste tire processing facility, or a waste tire collection20
center.21
C. Waste tires that are not subjected to processing or recycling may not be22
deposited knowingly and intentionally in a landfill as a method of ultimate disposal23
after January 1, 1991. However, notwithstanding any other law or rule to the24 ENROLLEDHB NO. 591
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contrary, waste tires which that have been prepared for disposal by cutting,1
separating, shredding, or other means in accordance with the rules or standards of the2
department may be disposed of in a landfill.3
* * *4
H. The secretary shall promulgate rules, regulations, and guidelines for the5
administration and enforcement of the waste tire program provided for in this6
Chapter, which shall be subject to legislative review and approval by the Senate7
Committee on Environmental Quality and the House Committee on Natural8
Resources and Environment. The rules, regulations, and guidelines shall provide for9
but not be limited to:10
* * *11
(3) Providing technical assistance and incentives to encourage market12
research and development projects. Beginning on July 1, 2003, and continuing until13
June 30, 2008, five percent of all monies from fees collected on the sale of tires and14
deposited in the fund provided for in Subsection G of this Section shall be used to15
encourage the development of products which are marketable and provide a16
beneficial use and for promotion of those products which have a beneficial use. The17
department shall make recommendations to the House Committee on Natural18
Resources and Environment and Senate Committee on Environmental Quality for tax19
credits to encourage the development and implementation of technologies utilizing20
used and recycled tire rubber. Upon expiration of the term provided for in this21
Subsection, any unexpended and unobligated monies deposited in the Waste Tire22
Management Fund pursuant to this Subsection in excess of five hundred thousand23
shall be available for expenditure pursuant to Subsection G of this Section.24
* * *25
(6) Establishing a priority system for the clean up of existing waste tires.26
Establish a procedure for accepting voluntary payments from tire retailers to defray27
the costs of transporting and recycling tires collected at those facilities.28
* * *29 ENROLLEDHB NO. 591
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I.1
* * *2
(2) A permitted waste tire processing facility shall be paid a minimum of3
seven and a half cents per pound of waste tire material that is recycled or that reaches4
end-market end market uses or per pound of whole waste tires marketed and shipped5
to a qualified recycler that are recycled or that reaches end market uses. This6
payment shall be made to the facility on or before the twelfth day of the month7
following the submission of the request for payment and shall be conditioned on the8
facility providing to the department any documentation, including but not limited to9
manifests, statements, or certified scale-weight tickets, required by law or by rules10
and regulations promulgated by the department.11
(3)(a) In the event the balance of the fund is insufficient to meet the12
obligations to waste tire processors provided for above in Paragraph (2) of this13
Subsection, the department, after meeting all payments required by law, shall pay14
any undisputed obligations in a pro rata share to waste tire processors having a15
standard permit when the request for payment was submitted . Any remaining16
undisputed obligations which would have been paid to waste tire processors but for17
the insufficiency of the Waste Tire Management Fund shall be paid from future18
surplus funds in the Waste Tire Management Fund as provided in Subparagraph (b)19
of this Paragraph. However, beginning August 1, 2013, such payments shall be20
applied in priority from the earliest incurred undisputed obligation to the most21
current undisputed obligation.22
* * *23
N. The secretary shall promulgate rules to make payments to processors on24
the basis of weight or tire count at the option of the processor. Payments to a waste25
tire processor, or any portion thereof, shall not be temporarily or permanently26
withheld or terminated prior to written notification by the department of the reasons27
for such withholding or termination to the processor by certified mail. Any such28 ENROLLEDHB NO. 591
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disputed funds shall be immediately placed in escrow pending final resolution of the1
matter.2
* * *3
Section 2. The Department of Environmental Quality shall initiate the rulemaking4
process pursuant to R.S. 49:953 to implement the provisions of Section 1 of this Act and5
shall submit the report required pursuant to R.S. 49:968(D) to the House Committee on6
Natural Resources and Environment and the Senate Committee on Environmental Quality7
by December 31, 2013.8
Section 3.A. The Waste Tire Program Task Force is hereby created and charged with9
the responsibilities to study, report, and make recommendations on the Department of10
Environmental Quality's waste tire program, including the laws, rules, and regulations11
governing the program and the fee structure and financial obligations of the program, and12
to submit a report of its findings and recommendations to the House Committee on Natural13
Resources and Environment and the Senate Committee on Environmental Quality on or14
before February 15, 2014.15
B. The Waste Tire Program Task Force shall be composed of the following16
members:17
(1) The secretary of the Department of Environmental Quality; or her18
designee.19
(2) The chairman of the House Committee on Natural Resources and20
Environment, or his designee.21
(3) The chairman of the Senate Committee on Environmental Quality, or his22
designee.23
(4) A representative appointed by the governor.24
(5) A representative appointed by the Louisiana Motor Transport25
Association.26
(6) A representative appointed by the Louisiana Independent Tire Dealers27
Association.28
(7) A representative appointed by each of the waste tire processors permitted29
as of May 1, 2013.30 ENROLLEDHB NO. 591
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C. Task force members shall serve without compensation, except per diem1
or expense reimbursement to which they may be individually entitled as members2
of their constituent organizations. The secretary of the Department of Environmental3
Quality, or her designee, shall serve as chairman of the task force and at the first4
meeting, the task force shall elect a vice chairman. The task force shall hold its first5
meeting by August 31, 2013, shall meet as necessary to complete its responsibilities,6
and shall disband upon submitting the report as provided in this Section.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: