2002 Legislation
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SENATE BILL NO. 1394 – Tires, sales/fee, waste tire dispsl

SENATE BILL NO. 1394

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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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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.

Statement of Purpose / Fiscal Impact


                           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