BILL REQ. #:  H-1488.1 

Read first time 02/09/2005.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to recycling of waste tires; amending RCW 70.95.510, 70.95.530, 70.95.535, 70.95.555, 70.95.560, and 70.95.903; adding new sections to chapter 70.95 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to establish an effective program for the recycling of waste tires. The legislature finds that it is in the best interests of all citizens for waste tires to be recycled safely and efficiently, for the hauling and recycling of waste tires to be properly regulated, and for waste tires to not become a financial burden upon taxpayers.

Sec. 2   RCW 70.95.510 and 1989 c 431 s 92 are each amended to read as follows:
     (1) There is levied a one dollar per tire fee on the retail sale of new replacement vehicle tires for a period of five years, beginning ((October 1, 1989)) July 1, 2005. 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 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 and does not include retreaded vehicle tires.
     (3) Of the one dollar fee imposed in subsection (1) of this section, twenty-three cents must be deposited into the motor vehicle account and must be used by the department of transportation for road maintenance.
     (4) The department of revenue may deduct two cents from the funds collected under subsection (1) of this section for the purpose of administering and collecting the fee from the sale of new replacement tire retailers. The department of revenue shall incorporate into the agency's regular audit cycle a reconciliation of the number of tires sold and the amount of revenue collected for businesses selling retail replacement tires at retail. The department of revenue shall collect on the business excise tax return from the businesses selling replacement tires:
     (a) Information on the number of tires sold; and
     (b) The fee levied in this section.
     (5) The remaining sixty-five cents of the fee must be deposited into the vehicle tire recycling account as follows:
     (a) Fifteen cents into a segregated subaccount of the vehicle tire recycling account for distribution to counties; and
     (b) Fifty cents for use by the department for purposes specified in this chapter.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.95 RCW to read as follows:
     The vehicle tire recycling account is created in the state treasury. Receipts from tire fees must be deposited into the account in accordance with RCW 70.95.510. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for purposes specified by RCW 70.95.535.

Sec. 4   RCW 70.95.530 and 1988 c 250 s 1 are each amended to read as follows:
     (1) Moneys in the vehicle tire recycling account may be appropriated to the department of ecology for the following purposes:
     (((1))) (a) To provide for funding to state and local governments for the removal of discarded vehicle tires from unauthorized tire dump sites; and
     (((2))) (b) To accomplish the other purposes of RCW 70.95.020(((5))) (6)((; and
     (3) To fund the study authorized in section 2, chapter 250, Laws of 1988)).
     (2) In spending funds in the account under this section, the department of ecology shall identify communities with the most severe problems with waste tires and provide funds first to those communities to remove accumulations of waste tires.

Sec. 5   RCW 70.95.535 and 1989 c 431 s 93 are each amended to read as follows:
     (1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
     (2) The department will distribute the funds in the segregated subaccount of the vehicle tire recycling account as follows:
     (a) Two-thirds for grants to county governments for cleanup of waste tires. The department shall give priority to proposals that involve partnerships with permitted recycling companies; and
     (b) One-third to county public health departments for enforcement programs.
     (3) The department ((of ecology)) will administer the remaining funds for the purposes specified in RCW 70.95.020(((5))) (6) including, but not limited to:
     (a) ((Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires from unauthorized dump sites;
     (b) Grants to local government for enforcement programs;
     (c) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;
     (d) Product marketing studies for recycled tires and alternatives to land disposal)) Preparing a statewide, prioritized list of waste tire piles and a plan for their removal. The department shall work with the appropriate county departments to locate and identify unlawful waste tire piles. The statewide, prioritized list of waste tire piles and plan for removal must be completed by January 1, 2006; and
     (b) Subject to the requirements provided in subsection (4) of this section, removing discarded vehicle tires from unauthorized tire dump sites based on the prioritized, statewide list.
     (4) Before spending funds from the vehicle tire recycling account for the removal or cleanup of unlawfully disposed tires, the department must ensure that all legal remedies and cost recovery efforts available against the owner of the unlawfully disposed tires, or the property on which the unlawful tire piles are located, have been exhausted. The department should assist local jurisdictions, where appropriate, with enforcement actions against individuals unlawfully disposing of tires.
     (5) The department shall report annually to the appropriate committees of the legislature regarding: The status of removal of unauthorized waste tire piles identified in the statewide, prioritized list; the recovery of costs from liable parties; the amounts, purposes, and recipients of grants awarded to local governments each fiscal year; the amount of tires sold at retail and the revenue collected; and financial status of the vehicle tire recycling account.

Sec. 6   RCW 70.95.555 and 1988 c 250 s 4 are each amended to read as follows:
     Any person engaged in the business of transporting or storing waste tires shall be licensed by the department of licensing. To obtain a license, each applicant must:
     (1) Provide assurances that the applicant is in compliance with this chapter and the rules regarding waste tire storage and transportation; ((and))
     (2) Accept liability for and authorize the department to recover any costs incurred in any cleanup of waste tires transported or newly stored after the effective date of this section;
     (3) Post a bond in ((the sum of ten thousand dollars)) an amount to be determined by the department sufficient to cover the liability for the cost of cleanup of the transported or stored waste tires, in favor of the state of Washington. In lieu of the bond, the applicant may submit financial assurances acceptable to the department;
     (4) Be registered in the state of Washington as a business and be in compliance with all state laws, rules, and local ordinances;
     (5) Have a federal identification number and be in compliance with all applicable federal codes and regulations; and
     (6) Report annually to the department the amount of tires transported and their disposition. Failure to report shall result in revocation of the license.

Sec. 7   RCW 70.95.560 and 1989 c 431 s 95 are each amended to read as follows:
     (1) Any person who transports or stores waste tires without a license in violation of RCW 70.95.555 shall be guilty of a gross misdemeanor and upon conviction shall be punished under RCW 9A.20.021(2).
     (2) Any person who transports or stores waste tires without a license in violation of RCW 70.95.555 is liable for the costs of cleanup of any and all waste tires transported or stored.

NEW SECTION.  Sec. 8   A new section is added to chapter 70.95 RCW to read as follows:
     No person or business, having legally transferred possession of waste tires to a license transporter or storer of waste tires or to a permitted recycler, has any further liability related to the waste tires legally transferred.

Sec. 9   RCW 70.95.903 and 1989 c 431 s 32 are each amended to read as follows:
     Nothing in this chapter shall prevent a permitted or properly exempted recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a permitted or properly exempted solid waste collection company.
     Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a permitted or properly exempted recycler for reuse or reclamation.

NEW SECTION.  Sec. 10   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 11   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.