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S1394aa...............................................by HEALTH AND WELFARE
TIRES - MOTOR VEHICLE - Amends and adds to existing law to provide for a
fee on new motor vehicle tire sales; to provide for acceptance of waste
tires by sellers; to provide for notice by sellers and for fee credits; and
to provide for the disposal of whole tires and chipped or shredded waste
tires.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Health/Wel
03/01 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/07 3rd rdg as amen - PASSED - 24-9-2
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Darrington, Davis, Deide, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sorensen,
Stegner, Stennett, Thorne, Wheeler
NAYS -- Cameron, Frasure, Geddes, Hawkins, Hill, Ingram, Richardson,
Sims, Williams
Absent and excused -- Dunklin, Goedde
Floor Sponsor - Stennett
Title apvd - to House
03/08 House intro - 1st rdg - to Transp
03/13 Rpt out - to Env Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1394
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO WASTE TIRE DISPOSAL; AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 39-6502, IDAHO CODE, TO PROVIDE FOR A FEE
4 FOR NEW MOTOR VEHICLE TIRE SALES, TO PROVIDE FOR THE DISTRIBUTION AND
5 EXPENDITURE OF FEE RECEIPTS, TO PROVIDE FOR ACCEPTANCE OF WASTE TIRES BY
6 SELLERS, TO PROVIDE FOR NOTICE OF DISPOSAL REQUIREMENTS, TO PROVIDE FOR
7 FEE CREDITS AND TO LIMIT APPLICATION OF THE SECTION; AND AMENDING SECTION
8 39-6504, IDAHO CODE, TO PROVIDE FOR THE DISPOSAL OF WHOLE TIRES AND TO
9 PROVIDE THAT CHIPPED OR SHREDDED WASTE TIRES MAY BE DISPOSED OF IN PERMIT-
10 TED MUNICIPAL SOLID WASTE LANDFILLS IF CHIPPED OR SHREDDED IN ACCORDANCE
11 WITH RULES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 65, Title 39, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 39-6502, Idaho Code, and to read as follows:
16 39-6502. FEES -- ACCEPTANCE OF WASTE TIRES -- NOTICE. (1) A retail seller
17 of motor vehicle tires shall collect a fee of one dollar ($1.00) per tire for
18 each new tire sold. Such fee shall be listed separately on any invoice.
19 (2) A wholesale seller of motor vehicle tires who sells tires to a pri-
20 vate entity or to the state or a political subdivision of this state, or who
21 sells tires to a private entity that does not resell such tires, shall collect
22 a fee of one dollar ($1.00) per tire for each tire sold. Such fee shall be
23 listed separately on any invoice.
24 (3) The fee imposed in this section shall be paid on a quarterly basis to
25 the county in which the waste tire is disposed of and shall be deposited in
26 such county's solid waste or other similar account used for solid waste man-
27 agement. The fee shall be used by the county for the management of waste
28 tires, provided that any moneys remaining may be used to manage solid waste.
29 (4) A retail or wholesale seller of motor vehicle tires shall accept
30 waste tires from such seller's customers at the point of transfer provided:
31 (a) The seller shall accept up to the number of tires sold at the point
32 of transfer annually and may accept additional tires;
33 (b) The seller shall accept tires from a seller's customer if the cus-
34 tomer presents a receipt within thirty (30) days of the date of purchase.
35 (5) A seller of motor vehicle tires shall post a written notice that is
36 clearly visible in the public sales area of the seller's establishment that
37 states the following:
38 (a) It is unlawful to throw away a motor vehicle tire;
39 (b) All used motor vehicle tires must be recycled; and
40 (c) This retailer is required to accept scrap tires if any new or
41 retreaded tires are purchased here. When a tire is purchased, an addi-
42 tional fee will be charged.
43 (6) A credit of ten cents (10) per tire is allowed against the fee
2
1 imposed under the provisions of this section for expenses incurred for
2 accounting and reporting tire fees by the retail or wholesale seller of motor
3 vehicle tires.
4 (7) The provisions of this section shall not apply to a person whose
5 retail sales of motor vehicle tires are not in the ordinary course of busi-
6 ness.
7 SECTION 2. That Section 39-6504, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-6504. DISPOSAL OF WASTE TIRES. (1) The disposal of whole waste tires,
10 in any form, in landfills and the incineration of those tires is prohibited,
11 except as provided by permissible methods of waste tire management listed in
12 subsection (3) of this section or in accordance with rules of the department
13 of environmental quality. Chipped or shredded waste tires may be disposed of
14 in a permitted municipal solid waste landfill if such waste tires are chipped
15 or shredded in accordance with rules of the department of environmental qual-
16 ity. An owner and operator of a solid waste disposal site shall not knowingly
17 accept whole waste tires for disposal.
18 (2) Beginning on January 1, 1993, a person shall not dispose of waste
19 tires unless the waste tires are disposed of at a waste tire collection site
20 or managed as provided in subsection (3) of this section in accordance with
21 rules of the department.
22 (3) The following are permissible methods of waste tire management:
23 (a) Retreading.
24 (b) Constructing collision barriers.
25 (c) Controlling soil erosion only if used in accordance with approved
26 engineering practices.
27 (d) Chopping or shredding prior to reuse.
28 (e) Grinding for use in asphalt or as a raw material for other products.
29 (f) Using as playground equipment.
30 (g) Incinerating or using as a fuel or pyrolysis if permitted by law,
31 regulations, rules or ordinances relating to burning of fuel.
32 (h) Hauling to lawful out-of-state collection or processing sites.
33 (i) Any other beneficial use, reuse or recycling of waste tires, chips or
34 similar material from waste tires generated in Idaho which meets the cri-
35 teria set forth by the department.
36 (4) The board of environmental quality, by rule, may authorize other
37 methods of management and/or disposal of waste tires.
38 (5) The department shall expedite the processing and issuance of any per-
39 mits required by the rules of the department for facilities or operations uti-
40 lizing permissible methods of waste tire management in accordance with the
41 provisions of subsections (2) and (3) of this section.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Stennett
Seconded by Barrutia
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1394
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 17, delete "one dollar ($1.00)"
3 and insert: "fifty cents (50)"; in line 22, delete "one dollar ($1.00)" and
4 insert: "fifty cents (50)"; delete lines 25 and 26, and in line 27, delete
5 "agement" and insert: "the department of environmental quality"; also in line
6 27, delete "county for the management" and insert: "department of environmen-
7 tal quality for the cleanup"; in line 28, delete "tires" and insert: "tire
8 piles in this state"; and also in line 28, delete "any moneys remaining may be
9 used to manage solid waste" and insert: "five percent (5%) of the moneys
10 received from such fees may be used by the department for the costs of admin-
11 istering the provisions of this section".
12 AMENDMENT TO SECTION 2
13 On page 2, in line 14, delete "municipal solid waste".
14 AMENDMENT TO THE BILL
15 On page 2, following line 41, insert:
16 "SECTION 3. Section 1 of this act shall be null, void and of no force and
17 effect on and after June 30, 2004.".
18 CORRECTIONS TO TITLE
19 On page 1, in line 7, delete "AND AMENDING" and insert: "AMENDING"; in
20 line 10, delete "MUNICIPAL SOLID WASTE"; and in line 11, following "QUALITY"
21 insert: "; AND TO PROVIDE A SUNSET DATE".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1394, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO WASTE TIRE DISPOSAL; AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 39-6502, IDAHO CODE, TO PROVIDE FOR A FEE
4 FOR NEW MOTOR VEHICLE TIRE SALES, TO PROVIDE FOR THE DISTRIBUTION AND
5 EXPENDITURE OF FEE RECEIPTS, TO PROVIDE FOR ACCEPTANCE OF WASTE TIRES BY
6 SELLERS, TO PROVIDE FOR NOTICE OF DISPOSAL REQUIREMENTS, TO PROVIDE FOR
7 FEE CREDITS AND TO LIMIT APPLICATION OF THE SECTION; AMENDING SECTION
8 39-6504, IDAHO CODE, TO PROVIDE FOR THE DISPOSAL OF WHOLE TIRES AND TO
9 PROVIDE THAT CHIPPED OR SHREDDED WASTE TIRES MAY BE DISPOSED OF IN PERMIT-
10 TED LANDFILLS IF CHIPPED OR SHREDDED IN ACCORDANCE WITH RULES OF THE
11 DEPARTMENT OF ENVIRONMENTAL QUALITY; AND TO PROVIDE A SUNSET DATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 65, Title 39, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 39-6502, Idaho Code, and to read as follows:
16 39-6502. FEES -- ACCEPTANCE OF WASTE TIRES -- NOTICE. (1) A retail seller
17 of motor vehicle tires shall collect a fee of fifty cents (50) per tire for
18 each new tire sold. Such fee shall be listed separately on any invoice.
19 (2) A wholesale seller of motor vehicle tires who sells tires to a pri-
20 vate entity or to the state or a political subdivision of this state, or who
21 sells tires to a private entity that does not resell such tires, shall collect
22 a fee of fifty cents (50) per tire for each tire sold. Such fee shall be
23 listed separately on any invoice.
24 (3) The fee imposed in this section shall be paid on a quarterly basis to
25 the department of environmental quality. The fee shall be used by the depart-
26 ment of environmental quality for the cleanup of waste tire piles in this
27 state, provided that five percent (5%) of the moneys received from such fees
28 may be used by the department for the costs of administering the provisions of
29 this section.
30 (4) A retail or wholesale seller of motor vehicle tires shall accept
31 waste tires from such seller's customers at the point of transfer provided:
32 (a) The seller shall accept up to the number of tires sold at the point
33 of transfer annually and may accept additional tires;
34 (b) The seller shall accept tires from a seller's customer if the cus-
35 tomer presents a receipt within thirty (30) days of the date of purchase.
36 (5) A seller of motor vehicle tires shall post a written notice that is
37 clearly visible in the public sales area of the seller's establishment that
38 states the following:
39 (a) It is unlawful to throw away a motor vehicle tire;
40 (b) All used motor vehicle tires must be recycled; and
41 (c) This retailer is required to accept scrap tires if any new or
42 retreaded tires are purchased here. When a tire is purchased, an addi-
43 tional fee will be charged.
2
1 (6) A credit of ten cents (10) per tire is allowed against the fee
2 imposed under the provisions of this section for expenses incurred for
3 accounting and reporting tire fees by the retail or wholesale seller of motor
4 vehicle tires.
5 (7) The provisions of this section shall not apply to a person whose
6 retail sales of motor vehicle tires are not in the ordinary course of busi-
7 ness.
8 SECTION 2. That Section 39-6504, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-6504. DISPOSAL OF WASTE TIRES. (1) The disposal of whole waste tires,
11 in any form, in landfills and the incineration of those tires is prohibited,
12 except as provided by permissible methods of waste tire management listed in
13 subsection (3) of this section or in accordance with rules of the department
14 of environmental quality. Chipped or shredded waste tires may be disposed of
15 in a permitted landfill if such waste tires are chipped or shredded in accor-
16 dance with rules of the department of environmental quality. An owner and
17 operator of a solid waste disposal site shall not knowingly accept whole waste
18 tires for disposal.
19 (2) Beginning on January 1, 1993, a person shall not dispose of waste
20 tires unless the waste tires are disposed of at a waste tire collection site
21 or managed as provided in subsection (3) of this section in accordance with
22 rules of the department.
23 (3) The following are permissible methods of waste tire management:
24 (a) Retreading.
25 (b) Constructing collision barriers.
26 (c) Controlling soil erosion only if used in accordance with approved
27 engineering practices.
28 (d) Chopping or shredding prior to reuse.
29 (e) Grinding for use in asphalt or as a raw material for other products.
30 (f) Using as playground equipment.
31 (g) Incinerating or using as a fuel or pyrolysis if permitted by law,
32 regulations, rules or ordinances relating to burning of fuel.
33 (h) Hauling to lawful out-of-state collection or processing sites.
34 (i) Any other beneficial use, reuse or recycling of waste tires, chips or
35 similar material from waste tires generated in Idaho which meets the cri-
36 teria set forth by the department.
37 (4) The board of environmental quality, by rule, may authorize other
38 methods of management and/or disposal of waste tires.
39 (5) The department shall expedite the processing and issuance of any per-
40 mits required by the rules of the department for facilities or operations uti-
41 lizing permissible methods of waste tire management in accordance with the
42 provisions of subsections (2) and (3) of this section.
43 SECTION 3. Section 1 of this act shall be null, void and of no force and
44 effect on and after June 30, 2004.
AMENDED
STATEMENT OF PURPOSE
RS 11945
The proposed changes to the Waste Tire Act provide a fifty cent
(5O cent) fee for each new tire sold. The fee will be deposited with
the Department of Environmental Quality and used for the management
of scrap and waste tire piles. This fee will sunset on June 30, 2004.
The proposed changes also allow the disposal in a municipal solid
waste landfill of shredded and chipped tires in accordance with
rules to be developed by the Department of Environmental Quality.
FISCAL IMPACT
There will be no fiscal impact to the general fund or other
state funds. The program is expected to generate approximately
$750,000 net after all administrative fees are deducted over the
life of the program to clean up scrap tire piles.
Contact
Name: Sen. Clint Stennett
Phone: 208/332-1351
STATEMENT OF PURPOSE/FISCAL NOTE Bill # 1394
REVISED REVISED REVISED