ENROLLED
ACT No. 427
2015 Regular Session
HOUSE BILL NO. 746
BY REPRESENTATIVES MIGUEZ, STUART BISHOP, ARMES, HENRY BURNS,
NANCY LANDRY, MONTOUCET, NORTON, ORTEGO, AND ST. GERMAIN
1 AN ACT
2 To amend and reenact R.S. 30:2412(4), (5), (5.1),(5.2), and (6.1) and Section 3 of Act No.
3 323 of the 2013 Regular Session of the Legislature and to enact R.S. 30:2412(5.3),
4 (16.1), (24.2), and (31) and 2418(H)(10), relative to waste tires; to provide for the
5 waste tire program; to provide for definitions; to provide for expedited approval of
6 certain customary end-market uses; to provide for the authority of the Department
7 of Environmental Quality; to provide for the Department of Environmental Quality's
8 rules and regulations; to provide for the Waste Tire Program Task Force; and to
9 provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 30:2412(4), (5), (5.1), (5.2), and (6.1) are hereby amended and
12 reenacted and R.S. 30:2412(5.3), (16.1), (24.2), and (31) and 2418(H)(10) are hereby
13 enacted to read as follows:
14 §2412. Definitions
15 As used in this Chapter, unless the context clearly indicates otherwise, the
16 term:
17 * * *
18 (4) "Medium truck tire" means a tire weighing one hundred pounds or more
19 and normally used on semitrailers, truck-tractor, semitrailer combinations or other
20 like vehicles used primarily to commercially transport persons or property on the
21 roads of this state or any other vehicle regularly used on the roads of this state.
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1 (5) "Motor vehicle" means an automobile, motorcycle that is operated either
2 on-road or off-road, truck, trailer, semitrailer, truck-tractor and semitrailer
3 combination, or any other vehicle operated in this state, and propelled by power
4 other than muscular power; but the term does not include bicycles and mopeds.
5 (5.1) "Motor vehicle dealer" means any person that sells or leases new motor
6 vehicles that are required to be registered in or are intended for use in the state of
7 Louisiana.
8 (5.2) "Off-road tire" means a tire weighing one hundred pounds or more and
9 that is normally used on off-road vehicles.
10 (5.2) (5.3) "Off-road vehicle" means construction, farming, industrial,
11 mining, and other vehicles not normally operated on the roads of this state. This term
12 does not include vehicles propelled solely by muscular power.
13 * * *
14 (6.1) "Passenger/light truck/small farm service tire" means a tire weighing
15 less than one hundred pounds and normally used on automobiles, motorcycles that
16 are operated either on-road or off-road, pickup trucks, sport utility vehicles, front
17 steer tractors, and farm implement service vehicles.
18 * * *
19 (16.1) "Sale of a motor vehicle" means any sale or lease of a new motor
20 vehicle that would be required to be registered in or intended for use in the state of
21 Louisiana.
22 * * *
23 (24.2) "Waste tire material" means recovered material produced from whole
24 waste tires which have been processed, unless abandoned or otherwise improperly
25 disposed of in a manner that subjects the material to solid waste regulations.
26 * * *
27 (31) "Processed" means any method or activity that alters whole waste tires
28 so that they are no longer whole; such as, cutting, slicing, chipping, shredding,
29 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 more than half.
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 expedited approval of
14 customary end-market uses including but are not limited to those recognized by the
15 Environmental Protection Agency, the Rubber Manufacturers Association, or
16 previously approved by the department. Such standards and requirements shall not
17 include disposal as an end market use of eligible waste tire material. No such
18 standard or requirement shall contravene Subsection C or E of this Section.
19 * * *
20 Section 2. Section 3 of Act No. 323 of the 2013 Regular Session of the Legislature
21 is hereby amended and reenacted to read as follows:
22 Section 3.A. The Waste Tire Program Task Force is hereby created and
23 charged with the responsibilities to study, report, and make recommendations on the
24 Department of Environmental Quality's waste tire program, including the laws, rules,
25 and regulations governing the program and the fee structure and financial obligations
26 of the program, and to submit a report of its findings and recommendations to the
27 House Committee on Natural Resources and Environment and the Senate Committee
28 on Environmental Quality annually on or before February 15, 2014. Additionally,
29 recommendations for any changes to the fee structure of the program shall be
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1 submitted to the committees on or before February 15, 2016, and thereafter, such
2 recommendations shall be submitted with the annual report.
3 B. The Waste Tire Program Task Force shall be composed of the following
4 members:
5 (1) The secretary of the Department of Environmental Quality, or her
6 designee.
7 (2) The chairman of the House Committee on Natural Resources and
8 Environment, or his designee.
9 (3) The chairman of the Senate Committee on Environmental Quality, or his
10 designee.
11 (4) A representative appointed by the governor.
12 (5) A representative appointed by the Louisiana Motor Transport
13 Association.
14 (6) A representative appointed by the Louisiana Independent Tire Dealers
15 Association.
16 (7) A representative appointed by each of the waste tire processors permitted
17 as of May 1, 2013.
18 (8) A representative appointed by the Louisiana Marine and Motorcycle
19 Dealers Association.
20 (9) A representative appointed by the Louisiana Farm Bureau.
21 C. Task force members shall serve without compensation, except per diem
22 or expense reimbursement to which they may be individually entitled as members
23 of their constituent organizations. The secretary of the Department of Environmental
24 Quality, or her designee, shall serve as chairman of the task force and at the first
25 meeting, the task force shall elect a vice chairman. The task force shall hold its first
26 meeting by August 31, 2013, shall meet as necessary to complete its responsibilities.
27 , and shall disband upon submitting the report as provided in this Section.
28 Section 3. The secretary shall bring any rule, regulation, or guideline required by
29 R.S. 30:2418(H) in conformity with current law by March 31, 2016.
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1 Section 4. The department shall use the emergency rulemaking process of the
2 Administrative Procedure Act to promulgate and adopt the rules, regulations, or guidelines
3 necessary to implement the provisions of R.S. 30:2418(H). These rules, regulations, or
4 guidelines shall be adopted by October 1, 2015. After October 1, 2015, if the department
5 amends or repeals any rules, regulations, or guidelines adopted pursuant to R.S. 30:2418(H)
6 then the department shall use the normal rulemaking process of the Administrative
7 Procedure Act. However, if the department finds an imminent peril to the public health,
8 safety, or welfare requires adoption of a rule, regulation, or guideline upon shorter notice,
9 then the agency may use the emergency rulemaking process.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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