Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 126 First Substitute (2019GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/22/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the definition of "crumb rubber";
• addresses waste tire transporters complying with this part; and
• makes technical corrections.

Every vote on this bill

Bill text

TIRE RECYCLING MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions related to tire recycling.
Highlighted Provisions:
This bill:
▸ modifies the definition of "crumb rubber";
▸ addresses waste tire transporters complying with this part; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-6-803
, as last amended by Laws of Utah 2015, Chapter 451
19-6-806
, as last amended by Laws of Utah 2012, Chapter 360
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-6-803
 is amended to read:
19-6-803.
Definitions.
As used in this part:
(1) "Abandoned waste tire pile" means a waste tire pile regarding which the local
department of health has not been able to:
(a) locate the persons responsible for the tire pile; or
(b) cause the persons responsible for the tire pile to remove [
it
] 
the tire pile
.
(2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
storage, or disposal, but that serves as a replacement for another product or material for specific
purposes.
(b) "Beneficial use" includes the use of chipped tires:
(i) as daily landfill cover;
(ii) for civil engineering purposes;
(iii) as low-density, light-weight aggregate fill; or
(iv) for septic or drain field construction.
(c) "Beneficial use" does not include the use of waste tires or material derived from
waste tires:
(i) in the construction of fences; or
(ii) as fill, other than low-density, light-weight aggregate fill.
(3) "Board" means the Waste Management and Radiation Control Board created under
Section 
19-1-106
.
(4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
(5) "Commission" means the Utah State Tax Commission.
(6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need,
rather than for resale.
(b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be
rented or leased.
(7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
reduced in size such that the particles are less than or equal to [
3/8
] 
3/4
 inch in diameter and
are 98% wire free by weight.
(8) "Director" means the director of the Division of Waste Management and Radiation
Control.
(9) "Disposal" means the deposit, dumping, or permanent placement of [
any
] waste tire
in or on [
any
] land or in [
any
] water in the state.
(10) "Dispose of" means to deposit, dump, or permanently place [
any
] waste tire in or
on [
any
] land or in [
any
] water in the state.
(11) "Division" means the Division of Waste Management and Radiation Control
created in Section 
19-1-105
.
(12) "Fund" means the Waste Tire Recycling Fund created in Section 
19-6-807
.
(13) "Landfill waste tire pile" means a waste tire pile:
(a) located within the permitted boundary of a landfill operated by a governmental
entity; and
(b) consisting solely of waste tires brought to a landfill for disposal and diverted from
the landfill waste stream to the waste tire pile.
(14) "Local health department" means the local health department, as defined in
Section 
26A-1-102
, with jurisdiction over the recycler.
(15) "Materials derived from waste tires" means tire sections, tire chips, tire
shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
(16) "Mobile facility" means a mobile facility capable of cutting waste tires on site so
the waste tires may be effectively disposed of by burial, such as in a landfill.
(17) "New motor vehicle" means a motor vehicle [
which
] 
that
 has never been titled or
registered.
(18) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
pounds of whole tires or material derived from waste tires is equal to one waste tire.
(19) "Proceeds of the fee" means the money collected by the commission from
payment of the recycling fee including interest and penalties on delinquent payments.
(20) "Recycler" means a person who:
(a) annually uses, or can reasonably be expected within the next year to use, a
minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in
the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate
product; and
(b) is registered as a recycler in accordance with Section 
19-6-806
.
(21) "Recycling fee" means the fee provided for in Section 
19-6-805
.
(22) "Shredded waste tires" means waste tires or material derived from waste tires that
has been reduced to a six inch square or smaller.
(23) (a) "Storage" means the placement of waste tires in a manner that does not
constitute disposal of the waste tires.
(b) "Storage" does not include:
(i) the use of waste tires as ballast to maintain covers on agricultural materials or to
maintain covers at a construction site;
(ii) the storage for five or fewer days of waste tires or material derived from waste tires
that are to be recycled or applied to a beneficial use; or
(iii) the storage of a waste tire before the tire is:
(A) resold wholesale or retail; or
(B) recapped.
(24) (a) "Store" means to place waste tires in a manner that does not constitute disposal
of the waste tires.
(b) "Store" does not include:
(i) to use waste tires as ballast to maintain covers on agricultural materials or to
maintain covers at a construction site; or
(ii) to store for five or fewer days waste tires or material derived from waste tires that
are to be recycled or applied to a beneficial use.
(25) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a
vehicle in which a person or property is or may be transported or drawn upon a highway.
(26) "Tire retailer" means [
any
] 
a
 person engaged in the business of selling new tires
either as replacement tires or as part of a new vehicle sale.
(27) (a) "Ultimate product" means a product that has as a component materials derived
from waste tires and that the director finds has a demonstrated market.
(b) "Ultimate product" includes pyrolized materials derived from:
(i) waste tires; or
(ii) chipped tires.
(c) "Ultimate product" does not include a product regarding which a waste tire remains
after the product is disposed of or disassembled.
(28) "Waste tire" means:
(a) a tire that is no longer suitable for [
its
] 
the tire's
 original intended purpose because
of wear, damage, or defect; or
(b) a tire that a tire retailer removes from a vehicle for replacement with a new or used
tire.
(29) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
(30) (a) "Waste tire transporter" means a person [
or entity
] engaged in picking up or
transporting at one time more than 10 whole waste tires, or the equivalent amount of material
derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal.
(b) "Waste tire transporter" includes [
any
] 
a
 person engaged in the business of
collecting, hauling, or transporting waste tires or who performs these functions for another
person, except as provided in Subsection (30)(c).
(c) "Waste tire transporter" does not include:
(i) a person transporting waste tires generated solely by:
(A) that person's personal vehicles;
(B) a commercial vehicle fleet owned or operated by that person or that person's
employer;
(C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or
operated by that person or that person's employer; or
(D) a retail tire business owned or operated by that person or that person's employer;
(ii) a solid waste collector operating under a license issued by a unit of local
government as defined in Section 
63M-5-103
, or a local health department;
(iii) a recycler of waste tires;
(iv) a person transporting tires by rail as a common carrier subject to federal regulation;
or
(v) a person transporting processed or chipped tires.
Section 2. Section 
19-6-806
 is amended to read:
19-6-806.
Registration of waste tire transporters and recyclers.
(1) (a) The director shall register [
each
] 
an
 applicant for registration to act as a waste
tire transporter if the applicant meets the requirements of this section.
(b) An applicant for registration as a waste tire transporter shall:
(i) submit an application in a form prescribed by the director;
(ii) pay a fee as determined by the board under Section 
63J-1-504
;
(iii) provide the name and business address of the operator;
(iv) provide proof of liability insurance or other form of financial responsibility in an
amount determined by board rule, but not more than $300,000, for any liability the waste tire
transporter may incur in transporting waste tires; and
(v) meet requirements established by board rule.
(c) The holder of a registration under this section shall advise the director in writing of
[
any changes
] 
a change
 in application information provided to the director within 20 days of
the change.
(d) 
A waste tire transporter may only deliver tires to a recycler in accordance with this
part or rules made under this part.
 If the director has reason to believe a waste tire transporter
has disposed of tires other than as allowed under this part, the director shall conduct an
investigation and, after complying with the procedural requirements of Title 63G, Chapter 4,
Administrative Procedures Act, may revoke the registration.
(2) (a) The director shall register [
each
] 
an
 applicant for registration to act as a waste
tire recycler if the applicant meets the requirements of this section.
(b) An applicant for registration as a waste tire recycler shall:
(i) submit an application in a form prescribed by the director;
(ii) pay a fee as determined by the board under Section 
63J-1-504
;
(iii) provide the name and business address of the operator of the recycling business;
(iv) provide proof of liability insurance or other form of financial responsibility in an
amount determined by board rule, but not more than $300,000, for any liability the waste tire
recycler may incur in storing and recycling waste tires;
(v) engage in activities as described under the definition of recycler in Section
19-6-803
; and
(vi) meet requirements established by board rule.
(c) The holder of a registration under this section shall advise the director in writing of
[
any changes
] 
a change
 in application information provided to the director within 20 days of
the change.
(d) If the director has reason to believe a waste tire recycler has falsified any
information provided in an application for partial reimbursement under this section, the
director shall, after complying with the procedural requirements of Title 63G, Chapter 4,
Administrative Procedures Act, revoke the registration.
(3) The board shall establish a uniform fee for registration [
which
] 
that
 shall be
imposed by [
any
] 
a
 unit of local government or local health department that requires a
registration fee as part of the registration of waste tire transporters or waste tire recyclers.