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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 501 By: Boren
AS INTRODUCED
An Act relating to environment and natural resources;
amending 27A O.S. 2011, Section 2 -11-401.2, as last
amended by Section 2, Chapt er 336, O.S.L. 2019 (27A
O.S. Supp. 2020, Section 2 -11-401.2), which relates
to used tire recycling fees; modifying fee schedule
for certain tires; providing for biennial increase of
certain fees; amending 27A O.S. 2011, Sectio n 2-11-
401.4, as last amended by Section 3, Chapter 336,
O.S.L. 2019 (27A O.S. Supp. 20 20, Section 2-11-
401.4), which relates to the allocation of the U sed
Tire Recycling Indemnity Fund; modifying certain fee
amount; modifying allocation of mon ies from certain
fund; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27A O.S. 2011, Section 2 -11-401.2,
as last amended by Section 2, Chapter 336, O.S.L. 2019 (27A O.S.
Supp. 2020, Section 2 -11-401.2), is amended to read as follows:
A. 1. Except as otherwise provided by this section, the
following assessments shall be made for tires for use on vehicles:
a. at the time any tire:
(1) for an automobile as defined in the Oklahoma Used
Tire Recycling Act or a tire with a rim diameter
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of less than or equal to nineteen and one -half
(19 1/2) inches is sold by a tire dealer, there
shall be assessed a used tire recycling fee of
Two Dollars and ninety cents ($2.90) Three
Dollars ($3.00) per tire,
(2) for vehicles other than automobiles as defined by
the Oklahoma Used Tire Recycling Act with a rim
diameter greater than nineteen and one -half (19
1/2) inches and a tread width of twelve (12)
inches or less is sold by a tire dealer, there
shall be assessed a used tire recycling fee of
Five Dollars and fifty cents ($5.5 0) Five Dollars
and seventy-five cents per tire,
(3) with a rim diameter greater than nineteen and
one-half (19 1/2) inches and a tread width of
greater than twelve (12) inches is sold by a tire
dealer, there shall be assessed a used tire
recycling fee of Ten Dollars ($10.00) Ten Dollars
and fifty cents ($10.50) per tire, and
(4) is sold by a tire dealer for use on a motorcycle
or motor-driven cycle, there shall be assessed a
used tire recycling fee o f One Dollar ($1.00) Two
Dollars ($2.00) per tire,
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b. at any time an automobile as defined by the Oklahoma
Used Tire Recycling Act o r a motor vehicle with a tire
rim diameter of less than or equal to nineteen and
one-half (19 1/2) inches is first registere d in this
state, there shall be assessed a used tire recycling
fee of Two Dollars and ninety cents ($2.90) Three
Dollars ($3.00) per tire, except as otherwise provided
by subparagraphs e and f of this paragraph,
c. at any time a vehicle other than an autom obile as
defined by the Oklahoma Used Tire Recycling Act with a
tire rim diameter of greater than nineteen and one -
half (19 1/2) inches is first registered in this
state, there shall be assessed a used tire recycling
fee of Five Dollars and fifty cents ($5 .50) Five
Dollars and seventy-five cents per tire, except as
otherwise provided by subparagraphs e, f and g of th is
paragraph,
d. at any time a trailer or semitrailer with a tire rim
diameter of less than or equal to nineteen and one -
half (19 1/2) inches i s first titled in this state,
there shall be assessed a used tire recycling fee of
Two Dollars and ninety cents ($2.90) Three Dollars
($3.00) per tire,
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e. at any time a motorcycle or motor -driven cycle is
first registered in this state, there shall be
assessed a used tire recycling fee of One Dollar
($1.00) Two Dollars ($2.00) per tire,
f. at the time a motor vehicle is first titled in this
state, to be registered under the provisions of
Section 1120 of Title 47 of the Oklahoma Statutes,
there shall be assessed a used tire recycling fee of
Seven Dollars ($7.00) Nine Dollars ($9.00), and
g. at the time a trailer or semitrailer is first titled
in this state, to be registered under the provisions
of Section 1133 of Title 47 of the Oklahoma Statutes,
there shall be assessed a used tire recycling fee of
Five Dollars ($5.00) Seven Dollars ($7.00) .
2. No fee shall be assessed by a tire dealer for reusable tires
or retreaded tires for which the tire dealer ca n document that the
recycling fee has been previously paid .
3. All-terrain vehicles and off -road motorcycles registered
pursuant to the prov isions of Section 1132 of Title 47 of the
Oklahoma Statutes shall be exempt from the provisions of this
section.
B. 1. For tires used on implements of husbandry and
agricultural equipment with a rim diameter of less than or equal to
nineteen and one-half (19 1/2) inches and that are less than thirty
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(30) inches in total diameter, there shall be assessed a used tire
recycling fee of Two Dollars and ninety cents ($2.90) Three Dollars
($3.00) per tire.
2. For tires used on implements of husbandry and agricu ltural
equipment with a rim diameter of greater than nineteen and one -half
(19 1/2) inches and that are less than th irty (30) inches in t otal
diameter, there shall be assess ed a used tire recycling fee of Five
Dollars and fifty cents ($5.5 0) Five Dollars and seventy-five cents
($5.75) per tire.
3. For tires used on implements of husbandry and agricultural
equipment that are greater than thirty (30) inches in total diameter
and less than or equal to forty -four (44) inches in total diameter,
there shall be assessed a used tire recycling fee of Eight Dollars
($8.00) Eleven Dollars ($11.00) per tire. No fee shall be assessed
by a tire dealer if th e customer retains the used agri cultural tire
for use on a farm or ranch. The customer may return the used tire
to the tire dealer at a la ter date and shall be assessed the proper
fee.
4. For tires used on implements of husbandry and agricultural
equipment that are greater than forty -four (44) inches in total
diameter and less than or equal to seventy -two (72) inches in total
diameter and not more than thirty (30) inches wide, there shall be
assessed a used tire recycling fee of Sixteen Dollars ($16.00)
Eighteen Dollars ($18.00) per tire. No fee shall be assessed by a
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tire dealer if the custo mer retains the used agricultural tire for
use on a farm or ranch. The cus tomer may return the used tire to
the tire dealer at a later date and shall be assessed the proper
fee.
5. A tire dealer may pay the assessed fee for any used
agricultural tire in current inventory and include that tire in the
used tire recycling program.
C. 1. The tire dealer and motor license agent shall remit such
fee to the Oklahoma Tax Commission in the same mann er as provided by
Section 1365 of Title 68 of the Oklahoma Statu tes.
2. Except as otherwise provided by this section, the tire
dealer shall remit to the Tax Commission ninety-seven and three-
quarters percent (97.75%) of the fee due pursuant to this sectio n at
the time of filing any report as required by the Tax Commission.
3. Motor license agents shall remit ninety percent (90%) of the
fee assessed on each vehicle registered.
4. Failure to remit the fee at the time of filing the returns
shall cause the fee to become delinquent. If the fee becomes
delinquent the tire dealer or motor license agent forfeits any claim
to the discount authorize d by this section and shall remit to the
Tax Commission one hundred percent (100%) of the amount of the fee
due plus any penalty due.
D. If the fee imposed or levied by subsection A of this
section, or any part of such amount, is not paid before the fee
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becomes delinquent, there shall be collected on the total delinquent
fee interest at the rate of one and one -quarter percent (1 1/4%) per
month from the date of the delinquency until paid.
E. If any fee due under subsection A of this section, or any
part thereof, is not paid within fifteen (15) days after the fee
becomes delinquent, a penalty of ten percent (10%) on the total
amount of fee due and delinquent shall be added and paid.
F. All penalties or interest imposed by this section shall be
recoverable by the Tax Commission as a part of the fee imposed and
all penalties and interest shall be apportioned the same as th e fee
on which the penalties or interest are collected.
G. All fees collected pursuant to subsections A and B of this
section shall increase by four percent (4%) every other year
beginning on the effective date of this act.
SECTION 2. AMENDATORY 27A O.S. 2011, Section 2 -11-401.4,
as last amended by Section 3, Chapter 336, O.S.L. 2019 (27A O.S.
Supp. 2020, Section 2 -11-401.4), is amended to read as follows:
A. Compensation to used tire facilities and tire -derived fuel
or TDF facilities pursuant to this section shall be limited to
facilities located in Okl ahoma. Compensation for used tire
activities pursuant to this section shall be limited to used tires
from Oklahoma. A used tire recycling facility or tire -derived fuel
or TDF facility may transport and deliver used tires collected from
Oklahoma to an out-of-state used tire recycling facility or TDF
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facility but shall not be eligible for compensation from the Used
Tire Recycling Indemnity Fund for those used tires. To be eligible,
applicants for compensation shall be in compliance with the Oklahoma
Used Tire Recycling Act.
B. The monies accruing annually to the Used Tire Recycling
Indemnity Fund shall be allocated first to the Department of
Environmental Quality Revolving Fund, to be us ed for implementing
applicable requirements related to the control of mobile and area
sources of air emissions, for monitoring and mo deling the impacts on
Oklahoma of air pollution from other states, for implementing and
enforcing other applicable air poll ution control requirements or for
other environmental programs or proj ects. The amount of money
allocated for this purpose shall be twenty-four and one-tenth
percent (24.1%) of the funds produced by the two-dollar-and-ninety-
cent three-dollar per tire fee assessed pursuant to division (1) of
subparagraph a of paragraph 1 of subsection A of Section 2-11-401.2
of this title and subparagr aph b of paragraph 1 of subsection A of
Section 2-11-401.2 of this title; provided, in no event shall the
amount allocated annually exceed the 3-year average of the total
fiscal year amounts al located in fiscal years 2015, 2016 and 2017
and any amount in excess of the 3-year average shall be placed to
the credit of the General Revenue Fund. After this allocation is
deducted, the balance of the monies shall be allocated as follows:
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1. Two and one-fourth percent (2.25%), not to exceed Twenty
Thousand Dollars ($20,000.00) per month, to the Oklahoma Tax
Commission and five and three -fourths percent (5.75%), not to exceed
Fifty Thousand Dollars ($50,000.00) per month, to the Department of
Environmental Quality for the purpose of administering the
requirements of the Oklahoma Used Tire Recycling Act; provided, in
no event shall either of the amounts allocated annually pursuant to
this paragraph exceed the 3-year average of the total fiscal year
amounts allocated in fiscal years 2015, 2016 and 2017 and any amount
in excess of the 3-year average shall be placed to the credit of the
Used Tire Recycling Indemnity Fund; and
2. Four percent (4%) per month to the State Treasury for
deposit into the County Improvements for Roads and Br idges Fund,
Section 507 of Title 69; and
3. An amount not to exceed Fifty Thousand Dollars ($50,000.00)
per audit to the Sta te Auditor and Inspector for the purpose of
conducting audits of the Oklahoma Used Tire Recycling Program
pursuant to Section 2 -11-401.6 of this title.
C. After the allocations under subsection B of this section are
made, the balance of monies in the Fund shall be available for
compensation pursuant to the provisions of the Oklahoma Used Tire
Recycling Act as follows:
1. Compensation to used tire facilities for used t ire
processing, at the rate of Fifty -four Dollars ($54.00) per ton of
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processed tire material. For compensation the following conditions
shall apply:
a. facilities that process used tires by altering the
form of the used tires but do not produce tire -derived
product shall not receive compensation until the
facility documents the sale and move ment of the
processed used tire material off-site to a third
party,
b. facilities shall report and certify used tire
processing activity in terms of weight. The facil ity
shall by sworn affidavit provide to the Department
sufficient information to verify t hat the facility has
processed used tires and sold processed used tires for
actual recycling or reuse in accordance with the
purposes of the Oklahoma Used Tire Recycli ng Act, and
c. to be eligible for compensation, a facility shall not
have accumulated mor e processed material than the
amount for which the facility has provided financial
assurance under its solid waste permit or the amount
accumulated from three (3) year s of operation,
whichever is less;
2. a. Compensation to used tire recycling facilities o r TDF
facilities at the rate of Fifty-three Dollars ($53.00)
per ton of whole used tires for the collection and
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transportation of used tires from Oklahoma tire
dealers, automotive dismantlers and parts recyclers,
solid waste landfill sites, and dumps certi fied by the
Department priority cleanup list, and delivering the
tires to a used tire recycling facility or TDF
facility. The collection and transportation of used
tires shall be provided by the used tire recycling
facility or TDF facility at no additiona l cost to the
tire dealer or automotive dismantler and parts
recycler or to the Fund. The used tire recycling
facility or TDF facility shall collect from any
location at which there are at least three hundred
used tires.
b. Compensation under this paragra ph shall not be payable
until the used tires have been actually processed
according to the solid waste permit for the facility
or actually used for energy or fuel reco very. A TDF
facility that collects and transports whole used tires
shall be eligible for compensation under this
paragraph only for those whole used tires consumed by
that facility.
c. No tire dealer shall charge any customer any
additional fee for the ma nagement, recycling, or
disposal of any used tire upon which the used tire
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recycling fee has been remitted to the Tax Commission.
For customers who choose not to leave a used tire upon
which the used tire recycling fee has been remitted to
the Tax Commission, the tire dealer shall issue a
receipt which entitles the customer to deliver the
used tire to the dealer at a later date.
d. To be eligible for compensation pursuant to this
paragraph, the used tire recycling facility or TDF
facility shall:
(1) demonstrate to the satisfaction of the Department
that the facility is regularly engaged in the
collection, transportation and delivery of used
tires to a used tire recycling facility or to a
TDF facility, on a statewide basis, and from each
county of the state,
(2) provide documentation to the Department, signed
by a dealer at the time of collectio n, which
certifies remittance of appropriate fees to the
Oklahoma Tax Commission as a participating tire
dealer pursuant to the provisions of the Oklahoma
Used Tire Recycling Act, and
(3) annually demonstrate that at least three to six
percent (3-6%) of the tires were collected from
tire dumps or landfills on the Department
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priority cleanup list or community -wide cleanup
events approved by the Department. The
Department is authorized to determine
periodically the applicable percentage within the
specified range set forth in this division based
on the number of tires remaining in illegal dumps
and available funding.
e. In lieu of proof of remitted tire recycling fees, th e
used tire recycling facility or TDF facility shall
accept proof of purchase of a salvag e vehicle
registered in Oklahoma by an automotive dismantler and
parts recycler, licensed pursuant to the Automotive
Dismantlers and Parts Recycler Act, for the collec tion
and transportation of up to five used tires per
salvage vehicle purchased on or afte r January 1, 1996;
3. a. Compensation to a unit of local or county government
that submits to the Department for approval a plan for
the use of baled used tires in an engineering project.
Compensation shall be at the rate of fifty cents
($0.50) per tire.
b. The plan shall be approved by the Department before
construction of the project begins.
c. Any unit of local or county government baling used
tires shall not accumu late more than fifty used tire
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bales prior to beginning construction of an approved
project.
d. Used tires baled pursuant to this paragraph cannot be
obtained from tire manufacturers, retailers,
wholesalers, retreaders, or automotive dismantlers and
parts recyclers.
e. Any unit of local or county government authorized to
receive reimbursement for the use of baled used tires
in an engineering project shall report and certify
whole used tires by number. The governmental unit
shall by sworn affidavit provide sufficient
information to the Department to verify that the unit
has utilized the tires i n accordance with the purposes
of the Oklahoma Used Tire Recycling Act; and
4. If the Fund contains insufficient funds in any month to
satisfy the eligible reimbursem ents under this subsection, the
Department shall determine the apportionment of payments to be made
among the qualified applicants under this subsection according to
the percentage of used tires processed, collected and transported,
or utilized.
D. 1. After the allocations under subsections B and C of this
section are made, any remaining mon ies in the Fund shall be
available for TDF facilities and used tire recycling facilities that
produce tire-derived product for compensation at the rate of Twenty -
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nine Dollars ($29.00) per ton of processed or used tires utilized
for energy or fuel recovery or the production of tire-derived
product.
2. The production of tire-derived product shall be considered a
compensable event separate from and in addition to any comp ensation
for used tire processing under subsection C of this section.
3. TDF facilities and used tire recycling facilities authorized
to receive reimbursement under this subsection shall report and
certify tire material used by weight.
4. The facilities shall by sworn affidavit provide to the
Department sufficient information to verify that the facility has
used the tires in accordance with the purposes of the Oklahoma Used
Tire Recycling Act.
5. If the Fund contains insufficient funds in any month to
satisfy the eligible reimbursements under this subsection, the
Department shall determine t he apportionment of payments to be made
among the qualified applicants according to the percentage of used
tires intended for energy or fuel recovery or the production of
tire-derived product.
E. 1. After the allocations under subsections B, C and D of
this section are made, any remaining monies in the Fund shall be
available for capital investment reimbursement to used tire
facilities and TDF facilities for the purch ase of equipment
necessary to utilize used tires. Only equipment purchased on or
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after January 1, 1995, shall be eligible. The facilities are
eligible for compensation at a rate of Twenty Dollars ($20.00) per
ton of used tires used. Total reimbursement shall not exceed one
hundred percent (100%) of the capital investment in eligible
equipment. The facilities may apply for compensation monthly to the
Department of Environmental Quality and shall supply any information
required by the Department.
2. If the Fund contains insufficient funds in any month to
satisfy the eligible reimbursements u nder this subsection, the
Department shall determine the apportionment of payments to be made
among the qualified applicants.
F. Subject to subsection G of this secti on, after the
allocations under subsections B, C, D and E of this section are
made, any remaining monies in the Fund, excluding monies collected
pursuant to paragraphs 3 and 4 of subsection B of Section 2 -11-401.2
of this title, shall be disbursed as follo ws:
1. Additional compensation to used tire recycling facilities or
TDF facilities for t he remediation of dumps certified by the
Department and delivering the tires to a used tire recycling
facility or a TDF facility. The Department shall determine
additional compensation made to qualified applicants under this
subsection based on cleanup fe asibility of the dump. The Board
shall promulgate rules establishing unit costs for compensation
based on the remediation feasibility of the tire dumps. The
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Department may solicit bids for the remediation of tire dumps if no
used tire recycling facilitie s or TDF facilities agree to remediate
a priority tire dump authorized by the Department or if the
Department determines the qualified applicant has not remediated the
tires in the tire dump to meet reference conditions of comparable
property in the immedi ate area; and
2. Reimbursement to the Department of Environmental Quality for
necessary costs associated with remediation or other necessary
actions at sites at which used tires or other wastes incidental to
the used tires present a threat to human health or environment, or
for projects to increase market demand for products made from
Oklahoma used tires. The Solid Waste Management Advisory Council
shall recommend and the Environmental Quality Board shall adopt
rules governing the types of market developm ent projects that may
qualify for reimbursement. To the extent possible, the rules shall
favor and the Department shall prioritize projects with the greatest
potential to benefit schools, communities and local governments.
Upon its receipt of documentati on from the Department showing
expenditures relating to the remediation of such sites or market
development projects, the Tax Commission shall reimburse the
Department for its documented expenditures.
G. Accrued funding for the purposes specified in subse ction F
of this section shall not exceed Five Hundred Thousand Dollars
($500,000.00). Once Five Hundred Thousand Dollars ($500,000.00) is
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reached, any additional fu nds shall be distributed as additional
compensation under paragraph 1 of subsection C of th is section.
H. 1. Used tire recycling facilities and TDF facilities that
collect, transport and process tires used on implements of husbandry
and agricultural equi pment that are greater than thirty (30) inches
in total diameter and less than or equal to forty-four (44) inches
in total diameter shall be eligible for compensation at a rate of
Eight Dollars ($8.00) per tire.
a. Collection, transportation and processing of tires
under this paragraph shall be considered a compensable
event separate from and in addition to any
compensation under subsection C of this section.
b. Used tire recycling facilities and TDF facilities
authorized to receive reimbursement under this
paragraph shall report and certify the number of tires
collected and transported.
2. Used tire recycling facilities and TDF facilities that
collect, transport and process tires used on implements of husbandry
and agricultural equipment that are greater t han forty-four (44)
inches in total diameter and less than or equal to seventy -two (72)
inches in total diameter and not more than thirty (30) inches wide,
shall be eligible for compensation at the rate of Sixteen Dollars
($16.00) per tire.
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a. Collection, transportation and processing of tires
under this paragraph shall be considered a compensab le
event separate from and in addition to any
compensation under subsection C of this section.
b. Used tire recycling facilities and TDF facilities
authorized to receive reimbursement under this
paragraph shall report and certify the number of tires
collected and transported.
I. Used tire recycling facilities, TDF facilities, or persons,
corporations or other legal entities authorized by the provisions of
the Oklahoma Used Tire Recycling Act to receive reimbursement shall
demonstrate that the facilities or legal entities have successfully
complied with the requirements of the Oklahoma Used Tire Recycling
Act through the filing of appropriate applications, reports , and
other documentation that may be required by the Tax Commission and
the Department.
SECTION 3. This act shall become effective November 1, 2021.
58-1-1316 APW 1/20/2021 8:39:34 AM