BILL REQ. #:  S-3755.2 

Read first time 01/15/2004.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to tire recycling; amending RCW 70.95.510; adding new sections to chapter 70.95 RCW; and repealing RCW 70.95.530, 70.95.535, and 70.95.540.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.95.510 and 1989 c 431 s 92 are each amended to read as follows:
     (1) There is levied a ((one)) three dollar per tire fee on the retail sale of new replacement vehicle tires ((for a period of five years, beginning October 1, 1989)). The fee imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller, less the ten percent amount retained by the seller as provided in ((RCW 70.95.535)) subsection (3) of this section, shall be paid to the department of revenue in accordance with RCW 82.32.045. All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section. The department of revenue shall administer this section.
     (2) For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and used tires available for resale, but does not include retreaded vehicle tires.
     (3) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected three dollar fee. The money retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.95 RCW to read as follows:
     The vehicle tire recycling account is created within the state treasury. Funds collected under RCW 70.95.510 shall be deposited in the vehicle tire recycling account. Expenditures from the account may occur only after appropriation by the legislature. The department of revenue shall deduct two percent from the funds collected under RCW 70.95.510 for the purpose of administering and collecting the fee from new replacement tire retailers.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.95 RCW to read as follows:
     Funds in the vehicle tire recycling account shall be expended for the sole purpose of ensuring waste tires, as defined in RCW 70.95.550, are recycled in an environmentally responsible way. The department of ecology shall administer funds in the account by awarding competitive grants to recyclers of tires and licensed waste tire transporters who transport waste tires from a collection point to a recycling plant.

NEW SECTION.  Sec. 4   The following acts or parts of acts are each repealed:
     (1) RCW 70.95.530 (Vehicle tire recycling account -- Use) and 1988 c 250 s 1 & 1985 c 345 s 7;
     (2) RCW 70.95.535 (Disposition of fee) and 1989 c 431 s 93; and
     (3) RCW 70.95.540 (Cooperation with department to aid tire recycling) and 1985 c 345 s 9.