BILL ANALYSIS |
C.S.S.B. 570 |
By: Rodríguez |
Environmental Regulation |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that illegal tire disposal has been a problem in Texas for years and that improperly disposed tires could lead to public health and safety risks. C.S.S.B. 570 seeks to provide for better regulation of the retention, storage, transportation, disposal, processing, and reuse of used or scrap tires.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTIONS 2 and 3 of this bill.
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ANALYSIS
C.S.S.B. 570 amends the Health and Safety Code to require a used or scrap tire generator who stores used or scrap tires outdoors on its business premises to store the used or scrap tires in a locked, secured, or contained manner that protects the tires from theft. The bill requires the Texas Commission on Environmental Quality (TCEQ) to adopt rules to require a person who uses more than 1,000 used or scrap tires in a construction project to obtain approval from TCEQ before the use of the tires in the project. The bill requires TCEQ, in evaluating a project for approval under applicable rules, to consider potential effects on human health and the environment.
C.S.S.B. 570 authorizes a customer to retain a scrap or used tire removed from the customer's vehicle during the purchase of a tire. The bill requires a retailer whose customer retains a scrap tire to keep a record of the customer's retention of the tire in accordance with TCEQ rules at least until the third anniversary of the date the customer retained the tire and defines "retailer" as a person who is engaged in the business of selling or otherwise placing tires in the stream of commerce for use on a vehicle, trailer, or piece of equipment. The bill requires a retailer who takes possession of a scrap tire from a customer during a transaction to store or dispose of the scrap tire according to local and state laws. The bill requires a retailer to post a sign in a location readily visible to the customer that specifies the requirements for the disposal of scrap and used tires. The bill requires TCEQ to develop the language and specifications for the sign and make the language and specifications available on the TCEQ website. The bill defines "used tire" as a tire that has been used as a tire on a vehicle, trailer, or piece of equipment; has tire tread at least one-sixteenth inch deep; can still be used for its original intended purpose; and meets the visual and tread depth requirements for used tires established by the Department of Public Safety. The bill defines "scrap tire" by reference as a tire that can no longer be used for its original intended purpose and excludes from the term a tire in or on a vehicle that has been crushed or that is being transported to a registered metal recycling entity or a licensed used automotive parts recycler and a tire that is mounted on a metal wheel that is intended to be recycled.
C.S.S.B. 570 authorizes a generator to contract for the transportation of used or scrap tires only with a transporter who is registered and has filed evidence of financial assurance as provided by the bill. The bill defines "generator" as a fleet operator, an automotive dismantler, a tire recapper or retreader, or a retailer, wholesaler, or manufacturer of whole new or used tires and excludes from the term a scrap tire energy recovery facility and a scrap tire recycling facility. The bill makes a generator who contracts for the transportation of used or scrap tires with a transporter the generator knows to be unregistered jointly and severally liable for any applicable civil penalty imposed on the transporter for the illegal disposal of the tires and makes such a generator criminally responsible, under Penal Code provisions relating to criminal responsibility for the conduct of another, for an offense involving the tires committed by the transporter under provisions relating to illegal dumping. The bill sets the minimum amount of a civil penalty for a violation of the bill's provisions relating to used or scrap tire generators at $1,000 a day for each violation. The bill authorizes a separate penalty to be imposed for each day a violation occurs.
C.S.S.B. 570 requires a person to register annually with TCEQ if the person is a transporter or is a tire processor that is not required to register as a used or scrap tire storage site, but the bill does not require a person to register until September 1, 2018. The bill defines "transporter" for purposes of these provisions, as a person who collects used or scrap tires from another person for the purpose of removal to a used tire dealer, scrap tire processor, end user, or disposal facility and exempts certain persons from the registration requirement. The bill requires a transporter or tire processor who is required to register with TCEQ to provide financial assurance by filing with TCEQ a surety bond obtained from a surety company authorized to transact business in Texas, evidence of an established trust account, or an irrevocable letter of credit. The bill requires the bond, trust account, or irrevocable letter of credit to be in favor of the state and, for a transporter, to be in an amount of $25,000 or more and, for a tire processor, to be in an amount adequate to ensure proper cleanup and closure of the site. The bill requires money that TCEQ receives from a bond, trust account, or irrevocable letter of credit obtained by a transporter to be used for the cleanup of unauthorized tire sites where the transporter has delivered tires.
C.S.S.B. 570 requires TCEQ to require a person who transports used or scrap tires to maintain records and use a manifest or other appropriate system to assure that tires are transported to a storage site that is registered or to a site or facility authorized by TCEQ. The bill expressly does not require a political subdivision or a person who contracts with a political subdivision to comply with the records and manifest requirement regarding the transportation of used or scrap tires directly from a roadway maintained by the political subdivision or from an easement maintained by the political subdivision that is adjacent to a roadway. The bill requires TCEQ to require a transporter to submit to TCEQ in an electronic format an annual report on the records maintained by the transporter and makes a transporter who fails to submit the annual report ineligible to renew the transporter's registration. The bill requires TCEQ to annually issue a registration insignia to each transporter, requires the transporter to display the insignia on each vehicle used to transport tires under the registration, and sets the insignia to expire annually on a date specified by TCEQ. The bill authorizes TCEQ to adopt rules for issuing duplicate and multiple insignia.
C.S.S.B. 570 amends the Water Code to create an offense for a person who recklessly violates provisions relating to the storage and disposal of used or scrap tires and the certain reuse of scrap tires, as amended by the bill; the bill's provisions relating to used or scrap tire generators; the bill's provisions relating to used or scrap tire transporters and certain tire processors and the manifest requirement; or a rule adopted under or the terms of an order, permit, or exception granted or issued under the Solid Waste Disposal Act relating to used or scrap tires. The bill sets the punishment for an individual as a fine of not less than $1,000 or more than $50,000, confinement for a period not to exceed one year, or both the fine and confinement and sets the punishment for a person other than an individual as a fine of not less than $1,000 or more than $100,000.
C.S.S.B. 570 creates an offense for a person who intentionally or knowingly violates provisions relating to the storage and disposal of used or scrap tires and the certain reuse of scrap tires, as amended by the bill; the bill's provisions relating to used or scrap tire generators; the bill's provisions relating to used or scrap tire transporters and certain tire processors and the manifest requirement; or a rule adopted under or the terms of an order, permit, or exception granted or issued under the Solid Waste Disposal Act relating to used or scrap tires. The bill sets the punishment for an individual as a fine of not less than $1,000 or more than $100,000, confinement for a period not to exceed two years, or both the fine and confinement and sets the punishment for a person other than an individual as a fine of not less than $1,000 or more than $250,000.
C.S.S.B. 570 makes certain statutory provisions relating to the grounds for revocation or suspension of a license, certificate, or registration applicable to a registration issued by TCEQ for a transporter or tire processer under the applicable bill provisions.
C.S.S.B. 570 requires TCEQ, not later than March 1, 2018, to adopt rules necessary to implement the bill.
C.S.S.B. 570 repeals Sections 361.112(g) and (k), Health and Safety Code.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 570 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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