GREEN SHEET REDIGEST
HB 746 2015 Regular Session Miguez
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
ENVIRONMENT/WAS TE TIRES: Provides for the waste tire program in the
Department of Environmental Quality
DIGEST
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 provides for definitions of "medium truck tire", "motor vehicle", "motor
vehicle dealer", "off-road tire", "off-road vehicle", "passenger/light truck/small farm service
tire", "sale of a motor vehicle", and "waste tire material".
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 more than in half to be considered processed.
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 expedited approval of customary end-market uses including but not limited to those
recognized by the EPA, the Rubber Manufacturers Association, or previously approved by
DEQ.
Proposed law requires the standards and requirements in proposed law shall not include
disposal as an end market use of eligible waste tire material and shall not contravene present
law prohibiting waste tire disposal in solid waste facilities and providing for waste tires
commingled with solid waste.
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.
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Prepared by J. W. Wiley. (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.
Proposed law requires the secretary to use the emergency rulemaking process to adopt certain
rules by October 1, 2015.
(Amends R.S. 30:2412(4), (5), (5.1), (5.2), and (6.1) and §3 of Act No. 323 of the 2013 R.S.;
Adds R.S. 30:2412(5.3), (16.1), (24.2), and (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.
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Prepared by J. W. Wiley. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Environmental Quality to
the reengrossed bill
1. Adds definitions.
2. Deletes provision regarding end-market uses of waste tires.
3. Adds provision allowing expedited approval of certain customary end-market
uses.
4. Deletes proposed law payment provision.
5. Provides for the rulemaking process.
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Prepared by J. W. Wiley.