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State Legislative Roundup

As the election results are parsed and state legislatures start preparing for the 2017 session, tire recyclers need to be on the watch for prefile legislation and the return of troublesome measures such as synthetic turf.

Bills in Virginia and New Jersey will carry over, but all the other states start fresh. Prefiling is currently active in 24 with 9 more beginning prefiling in December, leading up to an inevitable flood of legislation when 43 states come back into session in January (2017 State Session Deadlines). Adding to the mix, Pennsylvania's session ends November 30th, and Michigan, New Jersey, and Ohio don't have breaks between their sessions. We've included a chart of active and passed 2016 tire bills; if you have any questions about these or other state issues you can visit ISRI's State Legislative Tracking System or contact Danielle Waterfield or Justin Short for more information.


MI SB 1050

Occupations; business licensing and registration; licensure of used motor vehicle parts dealers; exclude certain businesses regulated under NREPA. Amends the definition of dealer to allow that it does not include '(ii) an end-user, scrap tire hauler, or scrap tire processor. (iii) a disposal area that is licensed under, or a solid waste hauler that is subject to, part 115 of the Natural Resources and Environmental Protection Act'. Further, allows that a dealer does not need to maintain permanent records of transactions concerning buying or selling any used motor vehicle parts from an end-user or scrap tire processor regulated under Part 169 of the NREPA.

11/09/16 (H) referred to Committee on Regulatory Reform

NJ AB 3820

Allows animal facilities to use artificial turf in outdoor enclosures without restrictions.

05/23/16 Referred to Ag & Natural Resources Committee

NJ AB 3896

The bill prohibits the sale of unsafe tires, specifically certain types of used tires with damage or deficiencies.

09/08/16 Reported out of Comm. with Amendments-->2nd Reading

NJ AB 4093

This bill would require the Department of Environmental Protection (DEP) to establish a system for the manifesting, tracking, collection, recycling, and disposal of scrap tires.The bill would require that all scrap tires be recycled or reused and would prohibit their disposal as solid waste.In addition, the bill would require any person engaging in scrap tire collection to be licensed by the DEP.Finally, the bill would require that each district recycling plan require source separation of scrap tires from the solid waste stream.

09/15/16 Introduced-->Referred to Assembly Environment and Solid Waste Committee

NJ SB 2422

Requires recycling of scrap tires and licensing of scrap tire haulers. This bill would require the Department of Environmental Protection (DEP) to establish a system for the manifesting, tracking, collection, recycling, and disposal of scrap tires. The bill would require that all scrap tires be recycled or reused and would prohibit their disposal as solid waste. In addition, the bill would require any person engaging in scrap tire collection to be licensed by the DEP. Finally, the bill would require that each district recycling plan require source separation of scrap tires from the solid waste stream. Amended versions do not change the application of this bill.

11/03/16 (S) Hearing Scheduled - Budget and Appropriations. Reported from Senate Committee with Amendments-->2nd Reading

OH HB 574

Prohibits the installation of unsafe used tires on certain motor vehicles. Defines 'improper repair' and 'unsafe tire' for purposes of this act.

11/10/16 (H) Refer to Commerce and Labor

OH SB 336

To prohibit the installation of unsafe used tires on certain motor vehicles. Defines 'improper repair' and 'unsafe tire' for purposes of this act.

09/28/16 (S) Refer to Government Oversight and Reform

PA HR 79

A Resolution urging the City of Philadelphia to establish a year-round program providing for the safe removal and adequate disposal of illegally discarded waste tires.

02/09/15 (H) Referred to ENVIRONMENTAL RESOURCES AND ENERGY

VA HB 495

Three-year moratorium on installation of synthetic turf that contains recycled crumb rubber from waste tires at schools and recreational parks. The bill also requires the Virginia Department of Health, in coordination with the Virginia Department of Conservation and Recreation and the Virginia Department of Education, to analyze the potential adverse health effects of synthetic turf that contains recycled crumb rubber from waste tires and report its findings to the General Assembly no later than July 1, 2017.

02/16/16 (H) Left in Education

 

State Tire Legislation Passed in 2016

AR HB 1036

An act for the Arkansas Department of Environmental Quality appropriation for the 2016-2017 fiscal year. Includes $6,425,000 for Waste Tire Recycling Grants.

05/09/16 (H) HB1036 is now Act 249

CA SB 974

This is a local government omnibus bill. As amended June 2, 2016, contains a provision that would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance. August 4 amendments retain this language (Section 11).

09/14/16 Chaptered by Secretary of State. Chapter 366, Statutes of 2016.

FL HB 5003

Implementing the 2016-2017 General Appropriations Act; Implements specific appropriations of the General Appropriations Act for the 2016-2017 fiscal year. As engrossed and enrolled, the bill contains amendments under Section 403.7095 Solid waste management grant program, in its allocation of grants from the Department of Environmental Protection to counties for waste tire and litter prevention, recycling education and general solid waste programs.

03/18/2016 Chapter No. 2016-62 , companion bill(s) passed

FL SB 922

Solid Waste Management; Providing for the funding of a waste tire abatement program from the Solid Waste Management Trust Fund up to a specified percentage of total funds; authorizing the Department of Environmental Protection to use account funds to contract with a third party for the closing and long-term care of solid waste management facilities under specified circumstances; authorizing waste tire abatement programs under the small county consolidated grant program. Appropriates funds for a waste tire abatement program.

04/01/16 Approved by Governor Chapter No. 2016-174, companion bill(s) passed

IN SB 256

Defines 'legitimate use' of a material as the use or reuse of a material, otherwise defined as a solid or hazardous waste. Also authorizes the board to adopt rules establishing standards and procedures for the legitimate use, instead of disposal, of waste tires.

03/22/16 (S) Public Law 97

KY HB 80

As amended April 15, extends until June 30, 2018, from 2016, the $1 fee to purchasers for a new motor vehicle tire.

04/27/16 signed by Governor (Acts, ch.138)

LA HB 631

ENVIRONMENT/WASTE TIRES: Provides for types of tires and penalties for failure to comply with the Waste Tire Program. Adds spare tires to the list of tires on which the waste tire fee can be levied. Adds tires used on all-terrain vehicles and utility terrain vehicles to the definition of 'passenger/light truck/small farm service tire'. As amended May 12, authorizes the secretary to impose a delinquent fee of 10% of the unpaid fee or $25, whichever is greater, on any person failing to timely remit waste tire fees. Proposed law also imposes a delinquent fee of $25 upon any person failing to timely submit a required monthly waste tire fee report.

06/17/16 (H) Effective date: 10/01/2016.

ME HP 1118

An Act To Correct Errors and Inconsistencies in the Laws of Maine. Includes an amendment to 36 MRSA Section 1752, subsection 14, the definition of "sale price" does not include any amount charged for the disposal of used tires.

04/27/2016 Law without Signature (Emergency Measure)

MI SB 331

As substituted by the House on April 20, 2016, the bill defines 'motor vehicle tire, tire wheel or rim, or continuous tire tread' as 'used motor vehicle part'. The bill requires specific recording of each transaction concerning the buying or receiving or any used motor vehicle part from a person other than a licensee on a prescribed form. Further requires the dealer or agent to number the record or each transaction, and if the transaction involves the buying or receiving or 1 or more used motor vehicle tires, tire wheels or rims, or continuous tire tread, the transaction number must be placed on a tag that the dealer or agent must attach to each of those items bought or received. Records must be retained for at least one year after the transaction. In a transaction involving the buying or receiving of any used motor vehicle tires, tire wheels or rims, or continuous tire tread, a dealer may only pay by check, money order, bank draft, or direct deposit or electronic transfer to the customer's account at a financial institution. Any payment by check, money order or bank draft must be mailed to the customer at the address shown on the required identification.

05/11/16 (S) ASSIGNED PA 0112'16 WITH IMMEDIATE EFFECT

NJ AB 3682

Permits animal facilities to use artificial turf in outdoor enclosures. June 6 amendments remove the requirement that the turf allow for proper drainage of stormwater runoff and be readily cleaned and disinfected.

08/31/16 Approved P.L.2016-->c.44.

NY AB 9008

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year. Part T amends the Environmental Conservation Law with regard to waste tires, including extensions of sunset dates.

04/12/16 (A) SIGNED CHAP.58

SD SB 68

Purpose: make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to revise solid waste management program recycling provisions, to revise water and environment fund loan terms, and to declare an emergency. As enacted, allows the Department of Environment and Natural Resources to use up to $250,000 from the Water and Environment Fund to contract for statewide cleanup of waste tires and solid waste.

02/19/16 Signed by the Governor on February 18, 2016 S.J. 354



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