REPORT TITLE: 
Auto tire surcharge


DESCRIPTION:
Establishes $2 environmental clean-up fee for tire management,
collection, disposal, recycling, marketing, reuse, and illegal
dumping programs, payable at the time of annual vehicle
registration.  Requires all entities accepting used tires to
maintain records regarding the collection and disposal of the
tires.  (SB2879 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2879
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                     A BILL FOR AN ACT

RELATING TO MOTOR VEHICLE TIRES.



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

 1      SECTION 1.  Chapter 342I, Hawaii Revised Statutes, is
 
 2 amended by adding ten new sections to part II to be appropriately
 
 3 designated and to read as follows:
 
 4      "§342I-A  Registration and recordkeeping requirements.  (a)
 
 5 All facilities that accept used tires, including but not limited
 
 6 to tire retailers, wholesalers, transporters, collectors, and
 
 7 recyclers, shall maintain, for a minimum of three years, records
 
 8 that provide, at least, the following information:
 
 9      (1)  The name, phone number, and address of the person,
 
10           company, business, source, or entity from whom the used
 
11           tires were received, if receiving used tires from
 
12           entities other than the general public, such as tire
 
13           retailers, wholesalers, transporters, collectors, and
 
14           recyclers;
 
15      (2)  The date of receipt of the used tires;
 
16      (3)  The quantity of used tires received; and
 
17      (4)  The record of shipment indicating:
 
18           (A)  The ultimate destination of the used tires;
 
19           (B)  The identification of the transporter;
 
20           (C)  The date of shipment; and
 

 
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 1           (D)  The quantity of tires shipped.
 
 2 Permitted municipal solid waste disposal facilities, including
 
 3 incineration facilities that receive used tires incidental to the
 
 4 disposal of municipal solid waste, shall be exempt from the
 
 5 recordkeeping requirements of this section.
 
 6      (b)  A summary of the information maintained under
 
 7 subsection (a) shall be submitted to the department by July 31 of
 
 8 each year, listing the total quantity of used tires collected and
 
 9 the ultimate disposition of the used tires.
 
10      (c)  By September 1, 2000, all motor vehicle tire importers
 
11 operating within the state shall register with the department,
 
12 using forms prescribed by the department, and shall notify the
 
13 department of any change in address.  After September 1, 2000,
 
14 any person who desires to conduct business in this state as a
 
15 motor vehicle importer shall register with the department no
 
16 later than one month prior to the commencement of the business.
 
17      (d)  All motor vehicle tire importers shall maintain records
 
18 reflecting the importation of tires.  The records shall be made
 
19 available, upon request, for inspection by the department.
 
20      §342I-B  Environmental clean up fee.  All vehicles and motor
 
21 vehicles in the State as defined in section 249-1, including
 
22 antique motor vehicles, except as otherwise provided in sections
 
23 249-3 to 249-6 shall be subject to a $2 environmental clean up
 

 
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 1 fee after September 30, 2000, and before January 1, 2006.  The
 
 2 fee shall become due and payable on January 1, and shall be paid
 
 3 before April 1 in each year together with all other taxes and
 
 4 fees levied by chapter 249; provided that should any county elect
 
 5 to renew motor vehicle registrations on a staggered basis as
 
 6 authorized by section 286-51, the environmental clean up fee
 
 7 shall likewise be staggered so that the environmental clean up
 
 8 fee is due and payable at the same time and shall be collected
 
 9 together with the county fee.  The environmental clean up fee
 
10 shall be deemed delinquent if not paid with the county
 
11 registration fee.  The respective counties shall collect this fee
 
12 together with the vehicle registration tax collected for the
 
13 county and shall transfer the moneys collected under this section
 
14 to the State to be paid into the environmental management special
 
15 fund.
 
16      §342I-C  Deposit into environmental management special fund.
 
17 The fee collected pursuant to this part shall be deposited into a
 
18 special account in the environmental management special fund
 
19 established by section 342G-63.  All interest earned or accrued
 
20 on moneys deposited in the fund pursuant to this section shall
 
21 become part of the account.  Moneys from this special account may
 
22 be used by the department to:
 

 
 
 
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 1      (1)  Support permitting, monitoring, and enforcement
 
 2           activities, including personnel costs regarding used
 
 3           tire management, collection, recycling, and disposal
 
 4           facilities;
 
 5      (2)  Promote improved market development and reuse
 
 6           opportunities for recovered motor vehicle tires;
 
 7      (3)  Promote tire recovery, recycling, and reuse in the
 
 8           State through education, research, and demonstration
 
 9           projects;
 
10      (4)  Implement the fee program under this part;
 
11      (5)  Support programs to prevent illegal dumping; and
 
12      (6)  Clean up improper tire disposal sites including
 
13           conducting related environmental assessments and
 
14           remediation.
 
15      §342I-D  Recovery of costs.  (a)  Any costs incurred and
 
16 payable from the fund as a result of tire clean ups and
 
17 associated environmental assessments and remediation, shall be
 
18 recovered by the attorney general, upon the request of the
 
19 department, from the liable person or persons.  The amount of any
 
20 costs that may be recovered pursuant to this section for a tire
 
21 clean up and associated assessment and remedial action paid from
 
22 the fund shall include the amount paid from the fund and legal
 
23 interest.
 

 
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 1      (b)  Moneys recovered by the attorney general pursuant to
 
 2 this section shall be deposited into the special account of the
 
 3 environment management special fund.
 
 4      (c)  Any action for recovery of response costs shall
 
 5 commence within two years after the date of completion of all
 
 6 response actions.
 
 7      §342I-E  Liability.  Notwithstanding any other provision or
 
 8 rule of law, in the event an illegal disposal or associated
 
 9 release, or a threatened release occurs that causes the
 
10 incurrence of response costs:
 
11      (1)  The owner, operator, or both, of a facility;
 
12      (2)  Any person who at the time of disposal of any tires
 
13           owned or operated any facility at which such tires were
 
14           disposed;
 
15      (3)  Any person who by contract, agreement, or otherwise
 
16           arranged for disposal or recycling, or arranged with a
 
17           transporter for transport for disposal or recycling, of
 
18           tires owned or possessed by the person, by any other
 
19           party or entity, at any facility owned or operated by
 
20           another party or entity and containing the tires; and
 
21      (4)  Any person who accepts or accepted any tires for
 
22           transport to disposal or recycling facilities or sites
 
23           selected by the person,
 

 
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 1 shall be strictly liable for all costs of removal, environmental
 
 2 assessment, or remedial actions incurred by the State or any
 
 3 other person to the extent that the costs and actions are
 
 4 consistent with this part.
 
 5      §342I-F  Contract for administrative services.  The
 
 6 department may contract the services of a third party to
 
 7 administer the motor vehicle tire program under this part.
 
 8      §342I-G  Entry and inspection of facilities.  The department
 
 9 or other authorized party may enter and inspect any building or
 
10 place, according to law at a reasonable time, for the purpose of:
 
11      (1)  Investigating an actual or suspected violation of this
 
12           part;
 
13      (2)  Conducting reasonable tests;
 
14      (3)  Taking samples; and
 
15      (4)  Reviewing and copying records.
 
16      §342I-H  Enforcement.  The department of health shall
 
17 enforce this part.  Authorized employees of the department may
 
18 issue warnings, citations, administrative orders, or commence
 
19 civil action in circuit court to persons who fail to comply with
 
20 the requirements of this part.
 
21      §342I-I  Penalties.  (a)  For each violation of this part, a
 
22 violator shall be subject to penalties of not more than $10,000
 
23 for each separate offense.  However, the failure to post the
 

 
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 1 notice required under section 342I-23, following a warning issued
 
 2 by an authorized employee of the department, shall be subject to
 
 3 a fine of $1,000 for each separate offense.  Each day of each
 
 4 violation shall constitute a separate offense.  The fines imposed
 
 5 pursuant to this section shall be cumulative.
 
 6      (b)  Remedies shall be by citations, by civil action, or as
 
 7 provided under sections 342H-10 and 342H-11.
 
 8      §342I-J  Disposition of collected fines and penalties.
 
 9 Fines and penalties collected under this part shall be deposited
 
10 into the environmental response revolving fund, established by
 
11 section 128D-2."
 
12      SECTION 2.  Section 342I-21, Hawaii Revised Statutes, is
 
13 amended by adding three new definitions to be appropriately
 
14 inserted and to read as follows:
 
15      ""Facility" means all contiguous land, including buffer
 
16 zones and structures or other appurtenances and improvements on
 
17 the land, used for the handling of used tires.
 
18      "Import" means to buy, bring, or accept delivery of tires
 
19 from an address, supplier, or any entity outside of the State of
 
20 Hawaii, into the State of Hawaii, including the tires on motor
 
21 vehicles brought into the state.
 
22      "Importer" means any person or entity who imports tires,
 
23 including tires on motor vehicles imported into the state."
 

 
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 1      SECTION 3.  In codifying the new sections added to part II
 
 2 of chapter 342I, Hawaii Revised Statutes, by section 1 of this
 
 3 Act, the revisor of statutes shall substitute appropriate section
 
 4 numbers for the letters used in the designation of the new
 
 5 sections in this Act.
 
 6      SECTION 4.  New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect on July 1, 2000.