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State Legislative Update

Only nine states are still in their regular sessions, but between special sessions and automatic carryover provisions, even bills in those states that have "finished" for the year could easily be revived later this year or next.

SPANSeptOctStLegislativeUpdtChartISRI is tracking more than 500 state bills and regulations across the nation.

Materials Theft

  • Pennsylvania HB 267, as approved by the Governor on June 22, creates a new offense for the theft of secondary metal, based on value. This new offense is intended to create a deterrent for metals theft.
  • In Maine, LD 1440 allocates money to establish two motor vehicle detective positions to manage the licensing of scrap metal recyclers and mobile scrap metals dealers, with the hopes of increasing enforcement of the law and shutting down illegitimate businesses.
  • To keep updated on changes to state metals theft laws, visit the ISRI State Specific Policy Resources webpage or search the ISRI Metals Theft Law Database.
Licensing Matters
  • Illinois SB 675 was approved by the Governor on August 28, requiring that municipal automotive parts recyclers and scrap processor business licenses be revoked if there is fraud or misconduct committed against the municipality within three years preceding the effective date.
  • Delaware passed SB 73, which amended the current law to give more clarity on licensing and penalties for pawnbrokers, second hand dealers, and scrap processors.

Recycled Rubber / Artificial Turf

  • An indefinite moratorium on synthetic turf fields was included in a budget bill (DC B244-0341) that was approved by the Mayor of the District of Columbia on August 1. As a budget bill, it requires congressional approval and will most likely be attached to the next congressional continuing resolution expected at the end of September.
  • Illinois General Assembly passed SB1943 to amend the state Environmental Protection Act, removing a provision that specified monies in the Used Tire Management Fund may be used to assist with the marketing of used tires.

State Superfund Recycling Equity Act (SREA) Equivalents

  • On July 21, 2017, legislation in North Carolina (HB 402) was signed by the Governor thus making North Carolina the 8th state to enact a SREA equivalent in its state Superfund law. The new statute uses a similar strategy to that employed in Tennessee last year by simply stating that, for the purposes of the state's superfund law, the provisions of SREA shall apply.
ISRI has recently added links to our State Policy Resources pages to each state's Superfund law, as well as information on the 8 states (AR, FL, GA, MI, NC, PA, SC, & TN) that have adopted provisions similar to SREA. In the overwhelming number of states without a SREA equivalent statute, it is possible that scrap processors potentially could be subject to liability if the action is brought under the state Superfund law. For more information on state SREA efforts, contact  Danielle Waterfield or Shelley Backstrom.

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