S.B. 70

1

WASTE TIRE RECYCLING ACT AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Fred J. Fife
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions of the Waste Tire Recycling Act related to the relocation
9 of a tire recycling plant.
10 Highlighted Provisions:
11 This bill:
12 . increases the waste tire recycling fee from $1 to $1.50 through December 31, 2006;
13 . expands the purposes for which the Waste Tire Recycling Fund may be used to
14 include payment of costs incurred for the relocation of a waste tire recycling plant
15 until January 30, 2007;
16 . limits to 50 cents the amount of the waste tire recycling fee that can be used to pay
17 for costs incurred in relocating a tire recycling plant;
18 . provides qualifications for applicants for reimbursement of relocation costs;
19 . provides for the Division of Finance to pay approved relocation costs; and
20 . makes certain technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides an immediate effective date.
25 Utah Code Sections Affected:
26 AMENDS:
27 19-6-805, as last amended by Chapter 165, Laws of Utah 2001

28 19-6-807, as last amended by Chapter 256, Laws of Utah 2002
29 19-6-808, as last amended by Chapter 256, Laws of Utah 2002
30 19-6-815, as last amended by Chapter 256, Laws of Utah 2002
31 19-6-819, as last amended by Chapter 165, Laws of Utah 2001
32 19-6-820, as last amended by Chapter 165, Laws of Utah 2001
33 ENACTS:
34 19-6-807.5, Utah Code Annotated 1953
35 63-55b-119, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 19-6-805 is amended to read:
39 19-6-805. Recycling fee.
40 (1) (a) A recycling fee is imposed upon each purchase from a tire retailer of a new tire
41 by a consumer.
42 (b) The consumer shall pay the fee [shall be paid by the consumer] to the tire retailer at
43 the time the new tire is purchased.
44 [(b)] (c) The recycling fee does not apply to recapped or resold used tires.
45 (2) (a) The fee for each tire with a rim diameter up to and including 24.5 inches, single
46 or dual bead capacity is [$1] $1.50.
47 (b) Beginning January 1, 2007, the fee for each tire is $1.
48 Section 2. Section 19-6-807 is amended to read:
49 19-6-807. Special revenue fund -- Creation -- Deposits.
50 (1) There is created a restricted special revenue fund entitled the "Waste Tire Recycling
51 Fund."
52 (2) The fund shall consist of:
53 (a) the proceeds of the fee imposed under Section 19-6-805 ;
54 (b) penalties collected under this part; and
55 (c) assets transferred to and loan repayments deposited in the fund [pursuant to] under
56 Section 19-6-824 .
57 (3) (a) Money in the fund shall be used for:
58 [(a)] (i) partial reimbursement of the costs of transporting, processing, recycling, or

59 disposing of waste tires as provided in this part;
60 (ii) payment of costs incurred for the relocation of a tire recycling plant;
61 [(b)] (iii) payment of administrative costs of local health departments as provided in
62 Section 19-6-817 ;
63 [(c)] (iv) payment of costs incurred by the Division of Finance in accounting for and
64 tracking outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan
65 Program; and
66 [(d)] (v) payment of costs incurred by the Department of Community and Economic
67 Development in collecting outstanding loans made under the Waste Tire Recycling Industrial
68 Assistance Loan Program.
69 (b) (i) No more than 50 cents of each $1.50 fee collected under Section 19-6-805 may
70 be used for payments authorized under Subsection (3)(a)(ii).
71 (ii) Subsections (3)(a)(ii) and (b) are repealed effective January 30, 2007.
72 (4) The Legislature may appropriate money from the fund to pay for costs of the
73 Department of Environmental Quality in administering and enforcing this part.
74 Section 3. Section 19-6-807.5 is enacted to read:
75 19-6-807.5. Relocation of a recycling plant -- Payment for costs related to
76 relocation.
77 A county of the first class or second class or a city of the first class may apply to the
78 executive secretary for payment from the fund for costs incurred for the relocation of a
79 recycling plant within the county or city subject to the following:
80 (1) submission of an application on a form prescribed by the executive secretary;
81 (2) documentation that the plant has been relocated from an area zoned for or adjacent
82 to residential property to an area zoned for business or industrial uses; and
83 (3) sufficient money in that part of the Waste Tire Recycling Fund identified in
84 Subsection 19-6-807 (3)(b)(i) to pay the costs identified in the application, except that if
85 multiple applications are filed, the executive secretary, as approved by the board, shall direct
86 the Division of Finance to prorate the amount of all claims for reimbursement of costs.
87 Section 4. Section 19-6-808 is amended to read:
88 19-6-808. Payment of recycling fee.
89 (1) The tire retailer shall pay the recycling fee [shall be paid by the tire retailer] to the

90 commission:
91 (a) on or before the last day of the month following the calendar quarter in which the
92 sale occurs for quarterly filers; and
93 (b) the last day of January following the end of the calendar year for annual filers.
94 (2) The payment shall be accompanied by the form prescribed by the commission.
95 (3) (a) The commission shall transfer the proceeds of the fee [shall be transferred by
96 the commission] to the fund for:
97 (i) payment of partial reimbursement[.]; and
98 (ii) payment of costs incurred for the relocation of a tire recycling plant.
99 (b) The commission may retain an amount not to exceed 2-1/2% of the recycling fee
100 collected under this part for the cost to it of rendering its services.
101 (4) (a) The commission shall administer, collect, and enforce the fee authorized under
102 this part pursuant to the same procedures used in the administration, collection, and
103 enforcement of the general state sales and use tax under Title 59, Chapter 12, Sales and Use
104 Tax Act, and the provisions of Title 59, Chapter 1, General Taxation Policies.
105 (b) The tire retailer may retain 2-1/2% of the recycling fee collected under this part for
106 the cost of collecting the fee.
107 [(b)] (c) The exemptions from the general state sales and use tax provided for in
108 Section 59-12-104 do not apply to this part.
109 (5) The fee imposed by this part is in addition to all other state, county, or municipal
110 fees and taxes imposed on the sale of new tires.
111 Section 5. Section 19-6-815 is amended to read:
112 19-6-815. Payment by Division of Finance.
113 (1) The Division of Finance is authorized to pay the recycler partial reimbursements
114 described in Section 19-6-809 and the costs incurred for the relocation of a tire recycling plant
115 described in Section 19-6-807.5 from the fund.
116 (2) [The] (a) As related to Section 19-6-809, the Division of Finance shall pay the
117 dollar amount of partial reimbursement approved by the local health department to the recycler
118 within the next payment period established by rule of the Division of Finance, after receipt of
119 the local health department's report and recommendation.
120 (b) The Division of Finance shall pay relocation costs described in Section 19-6-807.5

121 approved by the executive secretary to the applicant within a payment period established by
122 division rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
123 Act.
124 Section 6. Section 19-6-819 is amended to read:
125 19-6-819. Powers and duties of the board.
126 (1) The board shall make rules under Title 63, Chapter 46a, Utah Administrative
127 Rulemaking Act, as necessary to administer this part. For these purposes the board shall
128 establish by rule:
129 (a) conditions and procedures for acting to issue or revoke a registration as a waste tire
130 recycler or transporter under Section 19-6-806 ;
131 (b) the amount of liability insurance or other financial responsibility the applicant is
132 required to have to qualify for registration under Section 19-6-806 , which amount may not be
133 more than $300,000 for any liability the waste tire transporter or recycler may incur in
134 recycling or transporting waste tires;
135 (c) the form and amount of financial assurance required for a site or facility used to
136 store waste tires, which amount shall be sufficient to ensure the cleanup or removal of waste
137 tires from that site or facility;
138 (d) standards and required documentation for tracking and record keeping of waste
139 tires subject to regulation under this part, including:
140 (i) manifests for handling and transferring waste tires;
141 (ii) records documenting date, quantities, and size or type of waste tires transported,
142 processed, transferred, or sold;
143 (iii) records documenting persons between whom transactions under this Subsection
144 (1)(d) occurred and the amounts of waste tires involved in those transactions; and
145 (iv) requiring that documentation under this Subsection (1)(d) be submitted on a
146 quarterly basis, and that this documentation be made available for public inspection;
147 (e) [authorize] authority for inspections and audits of waste tire recycling,
148 transportation, or storage facilities and operations subject to this part;
149 (f) standards for payments authorized under Sections 19-6-807.5 , 19-6-809 , 19-6-810 ,
150 19-6-811 , and 19-6-812 ;
151 (g) regarding applications to the executive secretary for reimbursements under

152 [Section] Sections 19-6-807.5 and 19-6-811 , the content of the reimbursement application form
153 and the procedure to apply for reimbursement;
154 (h) requirements for the storage of waste tires, including permits for storage;
155 (i) the types of energy recovery or other appropriate environmentally compatible uses
156 eligible for reimbursement, which:
157 (i) shall include pyrolization, but not retreading; and
158 (ii) shall apply to all waste tire recycling and beneficial use reimbursements within the
159 state;
160 (j) the applications of waste tires that are not eligible for reimbursement;
161 (k) the applications of waste tires that are considered to be the storage or disposal of
162 waste tires; and
163 (l) provisions governing the storage or disposal of waste tires, including the process for
164 issuing permits for waste tire storage sites.
165 (2) The board may:
166 (a) require retention and submission of the records required under this part;
167 (b) require audits of the records and record keeping procedures required under this part
168 and rules made under this part, except that audits of records regarding the fee imposed and
169 collected by the commission under Sections 19-6-805 and 19-6-808 are the responsibility of the
170 commission; and
171 (c) as necessary, make rules requiring additional information as the board determines
172 necessary to effectively administer Section 19-6-812 , which rules may not place an undue
173 burden on the operation of landfills.
174 Section 7. Section 19-6-820 is amended to read:
175 19-6-820. Powers and duties of the executive secretary.
176 (1) The executive secretary shall:
177 (a) administer and enforce the rules and orders of the board;
178 (b) issue and revoke registrations for waste tire recyclers and transporters; and
179 (c) require forms, analyses, documents, maps, and other records as the executive
180 secretary finds necessary to:
181 (i) issue recycler and transporter registrations;
182 (ii) authorize reimbursements under [Section ] Sections 19-6-807.5 and 19-6-811 ;

183 (iii) inspect a site, facility, or activity regulated under this part; and
184 (iv) issue permits for and inspect waste tire storage sites.
185 (2) The executive secretary may:
186 (a) authorize any division employee to enter any site or facility regulated under this
187 part at reasonable times and upon presentation of credentials, for the purpose of inspection,
188 audit, or sampling:
189 (i) at the site or facility; or
190 (ii) of the records, operations, or products;
191 (b) as authorized by the board, enforce board rules by issuing orders which are
192 subsequently subject to the board's amendment or revocation; and
193 (c) coordinate with federal, state, and local governments, and other agencies, including
194 entering into memoranda of understanding, to:
195 (i) ensure effective regulation of waste tires under this part;
196 (ii) minimize duplication of regulation; and
197 (iii) encourage responsible recycling of waste tires.
198 Section 8. Section 63-55b-119 is enacted to read:
199 63-55b-119. Repeal dates - Title 19.
200 Subsections 19-6-807 (3)(a)(ii) and (b) are repealed January 30, 2007.
201 Section 9. Effective date.
202 If approved by two-thirds of all the members elected to each house, this bill takes effect
203 upon approval by the governor, or the day following the constitutional time limit of Utah
204 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
205 the date of veto override.




Legislative Review Note
as of 1-27-05 10:56 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel