HOUSE OF REPRESENTATIVES

H.B. NO.

1800

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

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 improper disposal of used motor vehicle tires poses a threat to human health and safety and pollutes the environment.  Tires that are disposed of improperly are an ideal breeding ground for mosquitos, which are vectors for many infectious diseases like dengue fever, zika virus, west nile virus, and chikungunya.  Tires are a fire hazard, are unsightly, and are costly to clean up when they are abandoned or illegally dumped.  While current law requires tire retailers to accept used tires for recycling and authorizes retailers to charge a disposal fee for each new tire purchased, there is no incentive for customers to turn over used tires so they may be recycled.

     The legislature further finds that other jurisdictions have addressed the issue of customers failing to turn over used tires to tire retailers by requiring that retailers charge a fee for each used tire not turned over.  In these jurisdictions, customers who bring in a used tire for recycling by an established deadline are entitled to a refund of the fee.  Amounts retained past the deadline for used tires not turned over are then remitted to the local government agency to address tire management and cleanup.

     The purpose of this Act is to authorize each county, at its discretion, to adopt a similar program to create better incentives for tire recycling and to offset some of the expenses of used tire cleanup.

     SECTION 2.  Chapter 342I, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§342I-     Used motor vehicle tires exchange; county authority.  (a)  Each county may require customers to provide an equal number of used motor vehicle tires to the tire retailer as the number of new motor vehicle tires purchased.  A county electing to establish this requirement shall do so by ordinance; provided that:

     (1)  A customer who, on the date of purchase or installation, does not provide an equal number of used motor vehicle tires to the tire retailer as the number of new motor vehicle tires purchased by the customer shall be charged a refundable fee by the tire retailer of not more than $      per tire;

     (2)  No refundable fee established by the ordinance shall be assessed and collected from a customer who, on the day of the tire purchase or installation, provides an equal number of used motor vehicle tires to the tire retailer as the number of new motor vehicle tires purchased by the customer;

     (3)  A customer charged a refundable fee pursuant to paragraph (1) shall have thirty days to provide those used motor vehicle tires to the tire retailer and claim a refund of the refundable fee;

     (4)  Each county may authorize a tire retailer to retain up to      per cent of the refundable fee amount assessed and collected but not claimed pursuant to paragraphs (1) and (3) after thirty days;

     (5)  Refundable fees retained by a tire retailer after thirty days in excess of the amount established by paragraph (4) shall be remitted to the county and deposited into a fund established by the county to receive revenues from the refundable fee and expended for used tire management, cleanup, and disposal; and

     (6)  The refundable fee shall be in addition to any disposal fee charged by a tire retailer.

     (b)  A county electing to exercise the authority granted under this section shall notify the director of health within ten days after the county has adopted the requirements authorized by subsection (a)."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Motor Vehicle Tires; Recycling; County Authority; Refundable Fee

 

Description:

Authorizes each county to establish a requirement for customers to provide an equal number of used motor vehicle tires to the tire retailer as the number of new motor vehicle tires purchased, or pay a fee that shall be refundable upon provision of the used tires.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.