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State Legislative Roundup

Most states have ended their 2018 legislative sessions (or gone on hiatus for the campaign season), but even if your state legislature has adjourned, special sessions and prefiles for 2019 require a watchful eye to ensure recyclers can continue to operate. ISRI is currently tracking more than 900 bills and regulations, with over 120 targeting tires and rubber.


Synthetic Turf

While states continue to introduce bills targeting synthetic turf infill made from recycled rubber, 2018 has been a quieter year than previous sessions, with no adverse state legislation passing to date. Bills targeting funding in Maryland and Massachusetts both died, while more typical moratoriums in Connecticut, New Hampshire, and Virginia failed as well. In contrast, several states including Ohio and New Mexico authorized additional funding for synthetic turf fields at local schools.

However, California AB 2908 continues to move through the legislature, gathering amendments as it goes. The most recent amendments (at time of writing) were passed by the Senate Appropriations Committee. Currently, instead of repealing the existing Rubberized Pavement Market Development Act (as in previous versions), AB 2908 would extend the program to January 1, 2020, operating alongside a new Tire Recycling Incentive Program. However, the incentive program still blocks synthetic turf infill, loos rubber nugget or mulch playgrounds, TDF, and several other products. The latest amendments also add a requirement that incentive eligible products be manufactured completely in California in addition to being processed in California.

Tire Programs and Fees

Illinois SB 1936, signed and effective July 20, 2018, removes the provision allowing the operator of a sanitary landfill to accept used or waste tires if they make the tires available to an appropriate facility for reuse, reprocessing, or converting, including use as an alternative energy fuel.

In June's newsletter, North Carolina HB 374 was mentioned. It is an omnibus measure that had been amended frequently, had just been amended to include used tire sales in the state's tire tax and change the rate from a percentage of the sales price to flat fees of $1 for a tire less than 20" and $2 for tires 20" or larger, along with a note that the provision might not be included in the final version. This proved prescient, as the amendment impacting tire sales was stripped before the bill was passed.

If you'd like to find out what changes could impact your company, visit ISRI's State Policy page or contact Danielle Waterfield if you have any questions about the system or legislation impacting your state. ISRI has also added summaries of ISRI's Positions to the State Policy page as well as live legislative and regulatory reports to the State Resources and Tracking pages to make keeping up-to-date in your state easier, and will be adding more resources in the coming year.

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