RÉSUMÉ DIGEST
HB 855 2018 Regular Session Miguez
Present law provides that a fee of $2 per passenger/light truck tire, $5 per medium truck tire,
and $10 per off-road tire be collected for every tire sold. The fees are deposited into the
Waste Tire Management Fund that is used to operate the waste tire program in the Dept. of
Environmental Quality. Present law also addresses reimbursement of waste tire processors
from the fund for recycling waste tires generated within the state.
Present law requires the department's rules and regulations provide for standards and
requirements for expedited approval of customary end-market uses including, but not limited
to, those recognized by the Environmental Protection Agency, the Rubber Manufacturers
Association, or previously approved by the department.
Present law prohibits the standards and requirements from including disposal as an end
market use of eligible waste tire material and contravening present law prohibiting waste tire
disposal in solid waste facilities and providing for waste tires commingled with solid waste.
Proposed law would have defined "customary end-market use" as any use in a project that
conformed to generally accepted standard industry practices, including but not limited to,
those recognized by the U.S. Environmental Protection Agency, the U.S. Tire Manufacturers
Association, and those previously approved by the department including bulkheads, tire
derived fuel, and crumb rubber applications, or other uses approved by the department.
Proposed law would have provided that any end-market use application for a customary end-
market use for waste tires or waste tire material would be considered approved if not denied
by the department within 15 days of the submission of the application. Proposed law would
have changed the reference to the Rubber Manufacturers Association to its new name, "U.S.
Tire Manufacturers Association".
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.
Present law requires the task force to report annually.
Proposed law would have required the task force to submit reports and recommendations to
the oversight committee on Feb. 15, 2019, and Feb. 15, 2020, and it would have terminated
the task force on Feb. 15, 2020.
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 La. Motor Transport Association.
(6)A representative appointed by the La. Independent Tire Dealers Association.
(7)A representative appointed by the La. Marine and Motorcycle Dealers Association.
(8) A representative appointed by the La. Farm Bureau.
Present law provides that the membership include a representative appointed by each of the
waste tire processors permitted as of May 1, 2013. Proposed law would have retained present law and limited the representative appointed by
each waste tire processor to the task force from only active waste tire processors.
Proposed law would have added the secretary of the Dept. of Transportation, or his designee,
and a representative of the La. Automobile Dealers Association as members of the Waste
Tire Program Task Force.
(Amends §3 of Act No. 323 of the 2013 R.S., as amended by Act No. 427 of the 2015 R.S.,
and R.S. 30:2418(H)(10); Adds R.S. 30:2412(40))
VETO MESSAGE:
"House Bill 855 requires that any end-market use application for a customary end-market use
for waste tires or waste tire material be considered approved, if not denied by the LDEQ
within 15 days of the submission of the application. Notably, the Waste Tire Regulations
presently provide for a 15 day approval process for certain designated projects, but specifies
a suspension of the 15 day period for inadequate and incomplete project applications. House
Bill 855 lacks this suspension period. Further, House Bill 855 requires the Waste Tire Task
Force to terminate on February 15, 2020. The Task Force should remain in place until all
issues with the program are addressed."
Please be advised that I have vetoed House Bill No. 855 of the 2018 Regular Session.