SCRAP TIRE PROGRAM H.B. 6474-6477 (H-1): FLOOR ANALYSIS
House Bills 6474 and 6475 (as reported without amendment)
House Bill 6476 (Substitute H-1 as reported without amendment)
House Bill 6477 (Substitute H-1 as reported without amendment)
Sponsor: Representative Phillip Pavlov (H.B. 6474)
Representative Matthew Gillard (H.B. 6475)
Representative David Palsrok (H.B. 6476)
Representative Fred Miller (H.B. 6477)
House Committee: Natural Resources, Great Lakes, Land Use, and Environment
Senate Committee: Natural Resources and Environmental Affairs
CONTENT
House Bill 6474 would amend Part 169 (Scrap Tires) of the Natural Resources and Environmental Protection Act to do the following:
-- Prohibit the Department of Environmental Quality (DEQ) from registering a collection site unless it were in compliance with storage requirements for scrap tires.
-- Extend the registration requirements, including a $200 application fee, to portable shredding operations.
-- Revise registration and record-keeping requirements for scrap tire haulers.
House Bill 6475 would amend Part 169 to provide that unpaid costs for cleanup funded by the State's Scrap Tire Regulatory Fund would constitute a lien in favor of the State upon a collection site. The bill also would allow the Attorney General to seek a lien upon other property belonging to the site owner.
House Bill 6476 (H-1) would amend Part 169 to require a retreader to maintain required records for three years and make them available upon request to the DEQ or a peace officer.
House Bill 6477 (H-1) would amend Part 169 to allow the DEQ to enter at reasonable hours a tire retail establishment, vehicle owned or operated by a scrap tire hauler for the transport of scrap tires, or collection site or other place where scrap tires were or had been present, and to inspect the location or other place for the purposes of enforcing or administering Part 169. An investigation or inspection under Part 169 would have to comply with the U.S. Constitution and the State Constitution.
The bills are tie-barred to each other and to Senate Bills 1418 through 1424, which also would amend Part 169.
MCL 324.16904 & 324.16905 (H.B. 6474) Legislative Analyst: Julie Cassidy
Proposed MCL 324.16908b (H.B. 6475)
MCL 324.16906 (H.B. 6476)
Proposed MCL 324.16909a (H.B. 6477)
FISCAL IMPACT
House Bill 6474 could result in additional revenue to the Scrap Tire Regulatory Fund from a proposed requirement for portable shredding operations to register with the State. The operations would be required to pay the same $200 registration fee that collection sites currently pay.
House Bill 6475 would allow the State to impose a lien upon a scrap tire collection site in order to recover unpaid cleanup costs incurred by the State. Revenue from the liens would depend on the number of liens issued, the amount claimed as State expense, and the owner's ability to pay.
House Bills 6476 (H-1) and 6477 (H-1) would have no fiscal impact on State or local government.
Date Completed: 12-13-06 Fiscal Analyst: Jessica Runnels
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb6474-6477/0506