HLS 15RS-1336 REENGROSSED
2015 Regular Session
HOUSE BILL NO. 746
BY REPRESENTATIVES MIGUEZ, STUART BISHOP, ARMES, HENRY BURNS,
NANCY LANDRY, MONTOUCET, NORTON, ORTEGO, AND ST. GERMAIN
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
1 AN ACT
2To amend and reenact R.S. 30:2418(I)(2) and Section 3 of Act No. 323 of the 2013 Regular
3 Session of the Legislature and to enact R.S. 30:2412(31) and 2418(H)(10), relative
4 to waste tires; to provide for the waste tire program; to provide for definitions; to
5 provide for payments to processors of waste tires; to provide for the authority of the
6 Department of Environmental Quality; to provide for the Department of
7 Environmental Quality's rules and regulations; to provide for the Waste Tire Program
8 Task Force; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 30:2418(I)(2) is hereby amended and reenacted and R.S. 30:2412(31)
11and 2418(H)(10) are hereby enacted to read as follows:
12 §2412. Definitions
13 As used in this Chapter, unless the context clearly indicates otherwise, the
14 term:
15 * * *
16 (31) "Processed" means any method or activity that alters whole waste tires
17 so that they are no longer whole; such as, cutting, slicing, chipping, shredding,
18 distilling, freezing, or other processes as determined by the administrative authority.
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1 At a minimum, a tire is considered processed only if its volume has been reduced by
2 cutting it in half along its circumference.
3 * * *
4 §2418. Waste tires
5 * * *
6 H. The secretary shall promulgate rules, regulations, and guidelines for the
7 administration and enforcement of the waste tire program provided for in this
8 Chapter, which shall be subject to legislative review and approval by the Senate
9 Committee on Environmental Quality and the House Committee on Natural
10 Resources and Environment. The rules, regulations, and guidelines shall provide for
11 but not be limited to:
12 * * *
13 (10) Establishing standards and requirements for end market uses of waste
14 tire material by January 1, 2016. Such standards and requirements shall not include
15 disposal as an end market use of eligible waste tire material. No such standard or
16 requirement shall contravene Subsection C or E of this Section.
17 I.
18 * * *
19 (2) A permitted waste tire processing facility shall be paid a minimum of
20 seven and a half cents per pound of waste tire material that is recycled or that reaches
21 end market uses or per pound of whole waste tires that are recycled or that reaches
22 end market uses. A permitted waste tire processing facility shall be entitled to fifty
23 percent of the total payment at processing and the remaining fifty percent of the total
24 payment once waste tire material reaches end market uses. This payment shall be
25 made to the facility on or before the twelfth day of the month following the
26 submission of the request for payment and shall be conditioned on the facility
27 providing to the department any documentation, including but not limited to
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HB NO. 746
1 manifests, statements, or certified scale-weight tickets, required by law or by rules
2 and regulations promulgated by the department.
3 * * *
4 Section 2. Section 3 of Act No. 323 of the 2013 Regular Session of the Legislature
5is hereby amended and reenacted to read as follows:
6 Section 3.A. The Waste Tire Program Task Force is hereby created and
7 charged with the responsibilities to study, report, and make recommendations on the
8 Department of Environmental Quality's waste tire program, including the laws, rules,
9 and regulations governing the program and the fee structure and financial obligations
10 of the program, and to submit a report of its findings and recommendations to the
11 House Committee on Natural Resources and Environment and the Senate Committee
12 on Environmental Quality annually on or before February 15, 2014.
13 B. The Waste Tire Program Task Force shall be composed of the following
14 members:
15 (1) The secretary of the Department of Environmental Quality, or her
16 designee.
17 (2) The chairman of the House Committee on Natural Resources and
18 Environment, or his designee.
19 (3) The chairman of the Senate Committee on Environmental Quality, or his
20 designee.
21 (4) A representative appointed by the governor.
22 (5) A representative appointed by the Louisiana Motor Transport
23 Association.
24 (6) A representative appointed by the Louisiana Independent Tire Dealers
25 Association.
26 (7) A representative appointed by each of the waste tire processors permitted
27 as of May 1, 2013.
28 (8) A representative appointed by the Louisiana Marine and Motorcycle
29 Dealers Association.
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1 C. Task force members shall serve without compensation, except per diem
2 or expense reimbursement to which they may be individually entitled as members
3 of their constituent organizations. The secretary of the Department of Environmental
4 Quality, or her designee, shall serve as chairman of the task force and at the first
5 meeting, the task force shall elect a vice chairman. The task force shall hold its first
6 meeting by August 31, 2013, shall meet as necessary to complete its responsibilities.
7 , and shall disband upon submitting the report as provided in this Section.
8 Section 3. The secretary shall bring any rule, regulation, or guideline required by
9R.S. 30:2418(H) in conformity with current law by March 31, 2016.
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)]
HB 746 Reengrossed 2015 Regular Session Miguez
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 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 a permitted waste tire processing facility to be paid a minimum of .075¢
per pound of waste tire material that is recycled or that reaches end market uses or per pound
of whole waste tires that are recycled or reaches end market uses. Proposed law retains
present law.
Proposed law entitles permitted waste tire processing facilities to 50% of the total payment
at processing and the remaining 50% once the waste tire material reaches end market uses.
Proposed law defines "processed" as any method or activity that alters whole waste tires so
that they are no longer whole; such as, cutting, slicing, chipping, shredding, distilling,
freezing, or other processes as determined by the administrative authority. At a minimum,
the tire must be cut in half along its circumference to be considered processed.
Present law requires the payments to waste tire processors by the 12th day of the month
following the request for payment and conditions payment on providing documentation
required by rules and regulations. Proposed law retains present law.
Present law requires the secretary of DEQ to promulgate rules, regulations, and guidelines
for the administration and enforcement of a waste tire program.
Proposed law requires the rules and regulations to provide for standards and requirements
for end market uses by Jan. 1, 2016.
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Proposed law requires the standards and requirements in proposed law shall not include
disposal as an end market use and shall not contravene present law prohibiting waste tire
disposal in solid waste facilities and providing for waste tires commingled with solid waste.
Proposed law prohibits disposal as an end market use of eligible waste tire material.
Present law creates the Waste Tire Program Task Force charged with the responsibilities to
study, report, and make recommendations on the waste tire program to the oversight
committees on or before Feb. 15, 2014. Present law requires the task force to hold its first
meeting by August 31, 2013. Proposed law removes the required dates for the report and
holding its first meeting and requires annual recommendations.
Present law provides for the membership of the task force as follows:
(1)The secretary of the DEQ, or her designee.
(2)The chairman of the House Committee on Natural Resources and Environment, or
his designee.
(3)The chairman of the Senate Committee on Environmental Quality, or his designee.
(4)A representative appointed by the governor.
(5)A representative appointed by the Louisiana Motor Transport Association.
(6)A representative appointed by the Louisiana Independent Tire Dealers Association.
(7)A representative appointed by each of the waste tire processors permitted as of May
1, 2013.
Proposed law adds a representative appointed by the Louisiana Marine and Motorcycle
Dealers Association as a member.
Proposed law requires the secretary to bring any rule, regulation, or guideline required by
present law to be in conformity with current law by March 31, 2016.
(Amends R.S. 30:2418(I)(2) and §3 of Act No. 323 of the 2013 R.S.; Adds R.S. 30:2412(31)
and 2418(H)(10))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Add to the definition of "processed" that, at a minimum, the tire must be cut in
half along its circumference.
2. Require the department to establish end market use standards and requirements
by Jan. 1, 2016.
3. Require such standards and requirements not include disposal as an end market
use and shall not contravene present law prohibiting waste tire disposal in solid
waste facilities and providing for waste tires commingled with solid waste.
4. Require a permitted waste tire processing facility to be paid a minimum of .075¢
per pound of waste tire material that is recycled or that reaches end market uses
or per pound of whole waste tires that are recycled or reaches end market uses.
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5. Entitle a permitted waste tire processing facility to 50% of the total payment at
processing and the remaining 50% of the total payment once waste tire material
reaches end market uses.
6. Continue the Waste Tire Program Task Force and require recommendations to
the oversight committees annually.
7. Add the Louisiana Marine and Motorcycle Dealers Association as a task force
member.
8. Require the secretary to bring any rule, regulation, or guideline in conformity
with current law by March 31, 2016.
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