HOUSE BILL REPORT
SHB 2085
As Amended by the Senate
Title: An act relating to cleanup of waste tires.
Brief Description: Regarding the cleanup of waste tires.
Sponsors: By House Committee on Transportation (originally sponsored by Representatives Simpson, Hankins, Murray, Haler, Morris, Ormsby, B. Sullivan, Dickerson, Chase, Wood and Ericks).
Brief History:
Transportation: 3/2/05, 3/5/05 [DPS].
Floor Activity:
Passed House: 3/11/05, 76-17.
Senate Amended.
Passed Senate: 4/13/05, 41-4.
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON TRANSPORTATION
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 25 members: Representatives Murray, Chair; Wallace, Vice Chair; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton, Buck, Campbell, Curtis, Dickerson, Ericksen, Hankins, Hudgins, Jarrett, Kilmer, Lovick, Morris, Nixon, Rodne, Sells, Shabro, Simpson, B. Sullivan, Takko, Upthegrove and Wood.
Staff: Beth Redfield (786-7347).
Background:
A $1 fee was assessed on the retail sale of each new vehicle replacement tire sold from
October 1989 until September 1995. The fee was collected by the tire seller, who was
entitled to retain 10 percent of all fees collected. Revenue generated by the fee was used to
fund state and local efforts to remove discarded tires from unauthorized dump sites, to fund
local enforcement, to fund local pilot projects for on-site tire shredding, to implement a
public education program, to produce marketing studies on tire recycling, and to fund a tire
study. In 2002, the Legislature enacted a requirement that the Department of Ecology (DOE)
track and report the annual and cumulative increases and decreases in the state's tire recycling
rates.
Individuals who engage in the business of transporting or storing waste tires are required to
be licensed by the DOE. To obtain a license, the business must assure the DOE that it is in
compliance with the law and post a bond of $10,000. A violation of licensing requirements
is punishable as a gross misdemeanor.
Summary of Substitute Bill:
The $1 tire fee on new tires is reinstated beginning July 1, 2005. Tire retailers may retain 10
percent of the fee and must remit the remainder to the Department of Revenue.
The Waste Tire Removal Account is created in the state treasury. It is an appropriated
account and moneys may be used for the cleanup of unauthorized waste tire piles and
measures to prevent future accumulation of unauthorized waste tire piles.
An appropriation of up to $150,000 is made to the Office of Financial Management for
oversight of a detailed study to identify and collect information on tire cleanup sites in the
state. The DOE is directed to conduct the study, which is to be delivered to the Legislature
by November 15, 2005.
The study must include at least the following elements:
Some changes are made to the requirements for obtaining a license from the DOE to transport
or store waste tires. A business must accept liability for and authorize the DOE to recover
any costs incurred in any cleanup of waste tires transported or stored. The amount of the
bond that must be posted by licensed businesses will be determined by the DOE in an amount
sufficient to cover the liability for cost of cleanup of waste tires. Licensees must also be
registered in the State of Washington as a business, have a federal identification number and
report annually to the amount of tires transported and their disposition. Failure to report will
result in loss of license.
Persons who transport or store waste tires without a license will be liable for the costs of
cleanup of any waste tires transported or stored. Once waste tires are legally transferred to a
permitted recycler, the transferring business has no further liability relative to the transferred
tires.
An appropriation of $40,000 is made from the Waste Tire Removal Account to the
Department of Revenue for the DOE's costs in administering the fee revenue.
EFFECT OF SENATE AMENDMENT(S):
Adds a new section that specifically addresses the duties, liabilities, and penalties for sellers
and buyers with respect to collecting and submitting the $1 fee on new tire sales to the
Department of Revenue. Adds a new provision that directs the Department of Ecology to
begin a pilot project for the clean up of a tire pile in Goldendale, WA. Maintains the current
bond amount of $10,000 until January 1, 2006, for tires transported or stored before the
effective date of the amendment. Clarifies liability provisions for licensed and unlicensed tire
businesses, transporters and storers.
Appropriation: The sum of $150,000 to OFM for a study. The sum of $40,000 to the
Department of Revenue for administrative costs.
Fiscal Note: Available.
Effective Date: This bill contains an emergency clause and takes effect on July 1, 2005.
Testimony For: The cleanup of illegal waste tire piles is not a new issue. They present a
public health issue and a fire hazard. The bill goes after those people who are responsible for
creating the piles and says that there will be consequences for not obeying the law. We want
to finish the job that was started in the early 1990s and make sure there is no recurring
problem. The business people that are doing the right thing want a level playing field. The
biggest source of waste from end-of-life vehicles is waste tires. The primary goal of the bill
is to clean up existing piles and prevent new ones. The bill also includes important
protections for those who properly dispose of waste tires, and makes those who dispose of
them irresponsibly accountable. Local public health have not had resources to clean up these
piles. They are not only a nuisance, when they burn, they create toxic air, and when they are
laying in a field, they are a great mosquito breeding ground. Eliminating non-natural
mosquito breeding grounds is very important to West Nile prevention.
In Lewis County, there are nine tire pile sites with 269,000 tires. Two of the sites alone have
92 percent or 248,000 of the total tires. Both of those sites are 20 plus year old piles. In
1995, it was estimated to cost $680,000 to clean them up. The value of the property is
$155,000. Even if the county abated the property, we would assign a lien for the full cost of
the clean-up, and in three years we would foreclose, ending up paying $526,000. Since the
fee sunsetted, we have been going backwards. We are back where we were in 1989. There
are illegal haulers, piles being generated, and haulers burying tires. There are probably 3.8
million illegal waste tires in the state right now. These will have to be cleaned up some time.
Testimony Against: None.
Persons Testifying: Representative Simpson, prime sponsor; Jim King, Independent Business Association; Don Phelps, Auto Recyclers of Washington; Vicki Kirkpatrick, Washington Association of Local Public Health Officials; Eric Johnson, Lewis County Commissioner and Washington Association of Counties; and Jim Penor, Northwest Tire Recycling.