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 6 months after Sep. 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.
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 to accept
payments from collection centers and tire retailers to cover the cost of recycling ineligible waste
tires.
Present law requires the rules to establish a procedure and criteria for local governing authorities
to apply for and receive funds to remediate waste tire problems in their respective jurisdictions
and shall commence such payments by May 1, 1993. Proposed law repeals present law.
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 25
th
of each month.
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 removes the requirement that the
payments be made after meeting all payment required by law.
Present law provides that remaining undisputed obligations unpaid due to lack of funds shall be
paid in a pro rata share from future surpluses to certain waste tire processors and to be paid
within 15 days after the month in which the surplus arises. Proposed law repeals present law.
Proposed law provides that payment shall be applied in priority from the earliest incurred
undisputed obligation to the most current undisputed obligation.
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.
Present law requires the department by rule to encourage the voluntary establishment of waste
tire collection centers at all retail outlets that are engaged in the sale of tires. Such centers shall be open to the public and programs to encourage the return of waste tires to collection centers
shall be undertaken by the department. Proposed law repeals present law.
Proposed law requires the department to initiate rulemaking to implement proposed law on or
before Aug. 10, 2013, 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); Repeals R.S.
30:2418(D), (H)(9), and (I)(3)(b))