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 Engrossed 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.
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.
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.