73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3279
 
                         House Bill 2906
 
Sponsored by Representative MACPHERSON; Representatives ACKERMAN,
  BUCKLEY, DINGFELDER, GALIZIO, HASS, HOLVEY, MARCH, MERKLEY,
  NOLAN, RILEY, SHIELDS, TOMEI, WITT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes Waste Tire Recycling Board. Directs board to
develop and administer tire recycling program. Imposes fee on
retail sale of new tires. Directs revenue from fees to Waste Tire
Recycling Fund. Specifies purposes of Waste Tire Recycling Fund.
Continuously appropriates moneys in Waste Tire Recycling Fund to
Waste Tire Recycling Board.
 
                        A BILL FOR AN ACT
Relating to waste tires; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is established within the Department
of Environmental Quality the Waste Tire Recycling Board
consisting of 11 members appointed by the Governor, with at least
one member representing each of the following interests:
  (a) Tire retailers;
  (b) Local governments;
  (c) The Department of Environmental Quality;
  (d) Metropolitan service districts;
  (e) Waste hauling companies;
  (f) Tire manufacturers; and
  (g) Environmental advocates.
  (2) The term of office of each member is two years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on January 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
  (3) Members of the board shall serve without compensation, but
may be reimbursed for reasonable expenses as provided in ORS
292.495.
  (4) The board shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of such
offices as the board determines.
  (5) A majority of the members of the board constitutes a quorum
for the transaction of business.
  (6) The board shall meet at least once every three months at a
place, day and hour determined by the board. The board also shall
meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board. + }
  SECTION 2.  { + (1) The Waste Tire Recycling Board has the
following duties:
  (a) Developing and administering a tire recycling program;
  (b) Expanding the range of market opportunities for waste tires
generated in Oregon;
  (c) Emphasizing waste tire market outlets that have high
potential for job creation and self-sustainability;
  (d) Assisting waste tire collection and transport in rural
areas of the state; and
  (e) Achieving target waste tire recovery and recycling rates.
  (2) The tire recycling program developed by the board shall
have the following targets:
  (a) By 2008, the program shall achieve a statewide waste tire
recovery rate of 65 percent and a statewide waste tire recycling
rate of 40 percent.
  (b) By 2012, the program shall achieve a statewide waste tire
recovery rate of 98 percent and a statewide recycling rate of 80
percent.
  (3) The board shall annually submit to the Governor, the
Environmental Quality Commission and any other interested
persons:
  (a) A report detailing the activities and progress of the board
in implementing the tire recycling program; and
  (b) An independent audit, prepared by a certified public
accountant pursuant to generally accepted government accounting
principles, of the performance of the tire recycling program and
of the moneys in the Waste Tire Recycling Fund. + }
  SECTION 3.  { + In accordance with applicable provisions of ORS
chapter 183, the Waste Tire Recycling Board may adopt rules
necessary for the administration of the laws that the board is
charged with administering. + }
  SECTION 4.  { + (1) As used in this section, 'tire dealer'
means a person engaged in a business, trade, occupation, activity
or enterprise that sells, transfers, exchanges or barters tires,
tire-related products or products including tires for
consideration.
  (2) In addition to any other fee imposed by this state, a fee
of $1 is imposed on the retail sale of each new tire, including
the sale of tires included with new motor vehicles. The fee is
imposed on a tire dealer at the time the dealer sells a tire to
the ultimate consumer.
  (3) The fee imposed by subsection (2) of this section shall be
paid by a tire dealer to the Department of Revenue on or before
the last day of January, April, July and October for the
preceding calendar quarter. With each quarterly payment the
dealer shall file a return with the department in such form and
containing such information as the department prescribes.
  (4) To compensate the tire dealer for expenses involved in
collecting and remitting the fee, the amount paid by a dealer
shall be reduced by 15 percent of the total amount owed.
  (5) Until paid, the fees, penalties and interest imposed by
this section shall be a personal debt, from the time liability is
incurred, owed by the tire dealer to the State of Oregon.
  (6) The department may extend, for a period not exceeding one
month, the time for filing a return and paying fees under this
section. The extension may be granted at any time if a written
request is filed with the department prior to the deadline for
filing the return. When an extension is granted at the request of
the tire dealer, interest at the rate established under ORS
305.220 shall be added and paid for each month, or fraction of a
month, that the payment is late.
  (7) The department shall adopt rules prescribing penalties and
interest for late payment of fees for which no extension has been
granted. + }
  SECTION 5.  { + After payment of expenses of the Department of
Revenue for administration and collection of the fee imposed
under section 4 of this 2005 Act, the department shall transfer
the moneys collected from fees imposed under section 4 of this
2005 Act to the State Treasurer for deposit in the Waste Tire
Recycling Fund established by section 6 of this 2005 Act. + }
  SECTION 6.  { + (1) The Waste Tire Recycling Fund is
established separate and distinct from the General Fund. The fund
shall consist of moneys deposited in the fund from fees collected
by the Department of Revenue under section 4 of this 2005 Act.
  (2) Moneys in the fund are continuously appropriated to the
Waste Tire Recycling Board and may be used for the following:
  (a) Expenses incurred by the board in administering a tire
recycling program, including employee salaries, payments to
independent contractors or consultants and administrative costs;
  (b) Reimbursement of board members for reasonable expenses
under ORS 292.495;
  (c) Grants to promote tire recycling and the development of
viable markets for recycled tire products;
  (d) Transportation credits to assist in the movement of waste
tires from disposal sites to processors;
  (e) Cleanup of disposal sites;
  (f) Grants for research and development of tire-derived
products, tire-derived fuels and other tire recycling and
management options; and
  (g) Expenses of the Department of Environmental Quality for
programs and activities relating to waste tire information
gathering and analysis. + }
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