Scrap Tire News

Visit us on the Web: www.scraptirenews.com 10 • STN June 2013 Scrap Tire Legislation - 2013 Texas, Florida pull a win and a miss Two of the most active bills - one in Florida and another in Texas (See STNMay 2013) addressed the sale, handling and transport of used tires. The Florida legislature adjourned May 3 without passing SB 1588 which would have made it illegal in Florida to sell a used tire that has less than 1/16-inch tread depth, was vis- ibly damaged, had a defaced Department of Transportation identification number or had been part of a safety recall. In Texas SB 459, a bill that sets strict guidelines for the sale, handling and transport of used tires within the state was still active at press time. Scrap tire industry stakeholders were working to get the measure passed before the legis- lature adjourned at the end of May. The Texas legislature does not reconvene until 2015. Georgia Two bills pass but scrap tire funding remains elusive. Gov. Nathan Deal sign HB 276, a bill dealing with how the state allocates funds to clean up tire dumps and hazardous waste sites. It renews the Hazardous Waste Trust Fund - the repository for the $1 per tire recycling fee Georgians pay when buying new tires. Historically, the state collects revenue from the tire fee and other environmental fees but has not always allocated funds to their stated purpose. For example, no funds were allocated for scrap tire management in 2011 or 2012, and none are earmarked in 2013. In 2010, Georgians paid $3.6 million in scrap tire management fees but lawmakers didn't use any of the money for the scrap tire program. According to the governor's office, the statute is not bind- ing to the budget process and mandating where the money goes is not constitutional. In tough economic times, the state has to fund priorities, a spokesman said. New rule covers used tires Georgia HB 226 signed into law on April 30 revises several requirements related to tire transportation, storage and dis- posal, addresses enforcement authority and expands decal and permit requirements. Overall, HB 226 defines tire carrier to include businesses selling new replacement tires or used tires. It requires per- mits and vehicle decals for used tire and scrap tire carriers and re-defines tire carrier to mean any person engaged in collecting or transporting tires, other than new tires. HB 226 defines a used tire as a tire which has a minimum 2/32 inch of road tread and which is still suitable for its original purpose but is no longer new. The law further requires a tire retailer to inventory and market used tires in substantially the same fashion as a new tire and be able to provide satisfactory evidence that a market for the tire exists and the tire is in fact being marketed as a used tire. HB 226 also adds a new subsection giving any sheriff, deputy, peace officer or local code officer the enforcement authority for scrap and used tires. California Several bills of interest to California tire stakeholders have been active since the 2013 Legislature convened in January. The state's legislative session ends at the end of May. Ac- cording to the CA Tire Bulletin , these bills were in play in at press time. AB 8 (Perea) would help finance a network of hydrogen fueling stations and other air pollution reduction measures. Among other recent amendments, the bill will defer the sunset date on the entire $1.75 tire fee until January 1, 2024. AB 8 passed out of the Assembly Appropriations Commit- tee (Suspense File) May 24 on an 11-3 vote. AB 501 would define a "tire broker" as "a person that ar- ranges for the shipment of used or waste tires to or from a site located within the state, or through the state, as that term may be further defined by the department by regula- tion. Tire broker' does not include a tire retailer primarily engaged in the retail sales and service. AB 501 was in the Senate awaiting committee referral. AB 513 (Frazier) would establish the Rubberized Asphalt Concrete Market Development Act and dedicate $10 million annually from CalRecycle's Tire Fund to help jurisdictions offset the cost of asphalt rubber overlay in road rehabilita- tion and maintenance projects. Grants would be awarded at $2 per passenger tire equivalent (PTE) (12 lbs. of crumb rubber per PTE). Funding would come from the Tire Recy- cling Fund's unused balance, estimated at $32 million in FY 2013/14. AB 513 was amended on May 24 with language directing how the $10 million would be transferred to the program. AB 1021 (Eggman) would bring recycled materials pro- cessors and manufacturers into the California Alternative Energy and Advanced Transportation Financing Authority. It would allow tire stakeholders to avoid sales taxes on the purchase of equipment for tire processing and TDP manu- facturing. AB 1021 passed out of the Assembly Appropria- tions Committee May 24 on a 17-0 vote. SB 202 (Galgiani) would bring "tire sales only" shops under the jurisdiction of the Bureau of Automotive Repair (BAR). It is co-sponsored by the California Tire Dealers Association and Les Schwab Tire Centers. SB 202 was in the Assembly Rules Committee awaiting committee referral. u As many states wrap up their legislative sessions for 2013 scrap tire bills delivered a mixed bag.