Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 76 (2018GS)

Sponsor

Rep. Sandall, S.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• states the director of the Division of Waste Management and Radiation Control may authorize 100% reimbursement of a waste tire transporter's or recycler's cost if the county applying for reimbursement is a county of the third, fourth, fifth, or sixth class, or the municipality applying for reimbursement is in a county of the third, fourth, fifth, or sixth class; and
• makes technical changes.

Every vote on this bill

Bill text

TIRE RECYCLING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill modifies reimbursement provisions of the Waste Tire Recycling Act.
Highlighted Provisions:
This bill:
▸ states the director of the Division of Waste Management and Radiation Control may
authorize 100% reimbursement of a waste tire transporter's or recycler's cost if the
county applying for reimbursement is a county of the third, fourth, fifth, or sixth
class, or the municipality applying for reimbursement is in a county of the third,
fourth, fifth, or sixth class; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-6-811
, as last amended by Laws of Utah 2012, Chapter 360
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-6-811
 is amended to read:
19-6-811.
Funding for management of certain landfill or abandoned waste tire
piles -- Limitations.
(1) (a) A county or municipality may apply to the director for payment from the fund
for costs of a waste tire transporter or recycler to remove waste tires from an abandoned waste
tire pile or a landfill waste tire pile operated by a state or local governmental entity and deliver
the waste tires to a recycler.
(b) The director may authorize a maximum reimbursement of:
(i) 100% of a waste tire transporter's or recycler's costs allowed under Subsection (2) to
remove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver the
waste tires to a recycler, if
:
(A)
 no waste tires have been added to the abandoned waste tire pile or landfill waste
tire pile on or after July 1, 2001; [
or
]
(B) the county is a county of the third, fourth, fifth, or sixth class; or
(C) the municipality is located in a county of the third, fourth, fifth, or sixth class; or
(ii) 60% of a waste tire transporter's or recycler's costs allowed under Subsection (2) to
remove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver the
waste tires to a recycler, if
:
(A)
 waste tires have been added to the abandoned waste tire pile or landfill waste tire
pile on or after July 1, 2001[
.
]
;
(B) the county is a county of the first or second class; or
(C) the municipality is in a county of the first or second class.
(c) The director may deny an application for payment of waste tire pile removal and
delivery costs, if the director determines that payment of the costs will result in there not being
sufficient money in the fund to pay expected reimbursements for recycling or beneficial use
under Section 
19-6-809
 during the next quarter.
(2) (a) The maximum number of miles for which the director may reimburse for
transportation costs incurred by a waste tire transporter under this section is the number of
miles, one way, between the location of the waste tire pile and the State Capitol Building, in
Salt Lake City, Utah, or to the recycler, whichever is less.
(b) This maximum number of miles available for reimbursement applies regardless of
the location of the recycler to which the waste tires are transported under this section.
(c) The director shall, upon request, advise any person preparing a bid under this
section of the maximum number of miles available for reimbursement under this Subsection
(2).
(d) The cost under this Subsection (2) shall be calculated based on the cost to transport
one ton of waste tires one mile.
(3) (a) The county or municipality shall through a competitive bidding process make a
good faith attempt to obtain a bid for the removal of the landfill or abandoned waste tire pile
and transport to a recycler.
(b) The county or municipality shall submit to the director:
(i) (A) (I) a statement from the local health department stating the landfill waste tire
pile is operated by a state or local governmental entity and consists solely of waste tires
diverted from the landfill waste stream;
(II) a description of the size and location of the landfill waste tire pile; and
(III) landfill records showing the origin of the waste tires; or
(B) a statement from the local health department that the waste tire pile is abandoned;
and
(ii) (A) the bid selected by the county or municipality; or
(B) if no bids were received, a statement to that fact.
(4) (a) If a bid is submitted, the director shall determine if the bid is reasonable, taking
into consideration:
(i) the location and size of the landfill or abandoned waste tire pile;
(ii) the number and size of any other landfill or abandoned waste tire piles in the area;
and
(iii) the current market for waste tires of the type in the landfill or abandoned waste tire
pile.
(b) The director shall advise the county or municipality within 30 days of receipt of the
bid whether or not the bid is determined to be reasonable.
(5) (a) If the bid is found to be reasonable, the county or municipality may proceed to
have the landfill or abandoned waste tire pile removed pursuant to the bid.
(b) The county or municipality shall advise the director that the landfill or abandoned
waste tire pile has been removed.
(6) The recycler or waste tire transporter that removed the landfill or abandoned waste
tires pursuant to the bid shall submit to the director a copy of the manifest, which shall state:
(a) the number or tons of waste tires transported;
(b) the location from which they were removed;
(c) the recycler to which the waste tires were delivered; and
(d) the amount charged by the transporter or recycler.
(7) Upon receipt of the information required under Subsection (6), and determination
that the information is complete, the director shall, within 30 days after receipt authorize the
Division of Finance to reimburse the waste tire transporter or recycler the amount established
under this section.
Legislative Review Note
Office of Legislative Research and General Counsel