Bill Text: HI HB374 | 2013 | Regular Session | Introduced
Bill Title: Special Wastes Recycling; Used Tires; Tire Importers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - Referred to TRN/HLT, CPC, referral sheet 3 [HB374 Detail]
Download: Hawaii-2013-HB374-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
374 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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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:
SECTION 1. The legislature finds that pneumatic tires are manufactured according to relatively standardized processes. Over one billion tires are manufactured worldwide in approximately four hundred fifty tire factories. Also, there is an international trade in used tires, and many used tires are sold each year. Annual global tire sales are approximately $1,700,000,000. The worldwide tire market generates $140,000,000,000 per year. Almost three hundred million tires are recycled each year within the United States.
The legislature further finds that discarded motor vehicle tires continue to blight Hawaii's neighborhoods, particularly in rural and isolated areas. Abandoned automobiles and tires not only take away from the natural beauty of Hawaii but also may contain toxic substances such as fuels, metals, oils, and coolants that can end up in the ground. When it rains, these substances are then flushed into waterways. Mercury is particularly dangerous, even in very small quantities, because when it is released to the atmosphere it returns to earth as rainfall, endangering aquatic life and public health. The State of Hawaii and the county of Hawaii have passed legislation mandating the proper disposal and management of waste tires.
The legislature further finds that Act 173, Session Laws of Hawaii 2000, strengthened Hawaii's motor vehicle tire recovery program by providing comprehensive requirements relating to registration, record keeping, and reporting with effective enforcement and penalty provisions. Act 173 also established a temporary $1 motor vehicle tire surcharge.
The legislature further finds that Hawaii tire importers are in the best position to deal with the disposal of used tires.
SECTION 2. Section 342I-23, Hawaii Revised Statutes, is amended to read as follows:
"§342I-23 Motor vehicle tires; collection for recycling. (a) Each tire retailer shall:
(1) Accept, at the point of transfer, in a quantity at least equal to the number of new motor vehicle tires purchased by a customer, motor vehicle tires offered by the customer.
(2) Post written notice which shall be at least five inches by seven inches in size and easily visible to customers and shall contain the universal recycling symbol and the following language:
(A) "It is illegal to discard a motor vehicle tire";
(B) "Recycle your used tires";
(C) "State law requires us to accept used motor vehicle tires for recycling or disposal, in exchange for new tires purchased"; and
(D) "The final price of a new tire includes disposal of your old tire. The disposal fee is not subject to reduction or refund."
(b) The department of health shall produce, print, and distribute the notices required by subsection (a)(2) to each retailer; provided that a retailer instead may use any sign or notice that meets the requirements of that subsection.
(c) Any advertising pertaining to the price of motor vehicle tires shall disclose whether a separate disposal fee may be added to the final price of the tire and the actual cost of the disposal fee.
(d) For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating: "The price of tires includes disposal of your old tires" may be substituted.
(e) Motor vehicle rental companies shall be permitted to provide a report and payment of the surcharge annually, with the year ending December 31, rather than quarterly.
(f) Each tire importer shall accept, acquire, or purchase used motor vehicle tires annually in an amount that is not less than ninety-five per cent of the number of motor vehicle tires sold annually."
SECTION 3. Section 342I-26, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) [All importers] Each
importer shall maintain records reflecting the [importation of tires.
The] annual number of motor vehicle tires imported; the annual number of
used motor vehicle tires accepted, acquired, or purchased; and the ultimate
disposition of the used motor vehicle tires. A summary of the records
shall be [made available, upon request, for inspection by the department.]
filed annually with the department of health."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Special Wastes Recycling; Used Tires; Tire Importers
Description:
Requires tire importers to accept, acquire, or purchase used tires in an annual amount that is not less than ninety-five percent of the number of new tires sold annually by the importer. Requires importers to keep records and report annually to the department of health.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
