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Waste Tire Program/92nd Arkansas General Assembly: Bill Introduced Addressing Compliance Advisory Panel/Transfer of Moneys

February 05, 2019

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

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House Bill 1362 has been introduced which would address the Compliance Advisory Panel (“CAP”) established by Arkansas Code § 8-4-314(j)(5) and transfer certain moneys from the Marketing Recyclables Program Fund to the Used Tire Recycling Fund.

The legislation was introduced by Representative Fite and Senator Sample.

The Arkansas General Assembly enacted legislation a number of years ago whose purpose is ensure the appropriate management of waste tires in Arkansas. Amendments were made to this legislation in the 91st Arkansas General Assembly. Both the Arkansas Department of Environmental Quality (“ADEQ”) and the Arkansas Regional Solid Waste Management Districts play roles in the program.

House Bill 1362 makes revisions to the previously cited subsection of the Arkansas Code which indicates that the CAP’s duties include advising and assisting state and local officials in all areas of recyclable marketing. Language would be added which states:

including without limitation the implementation, administration, and funding of the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402.

An additional subsection would be added to Arkansas Code § 8-9-202 addressing powers and duties of ADEQ regarding recycling to state:

Implement, administer, and fund the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402 with the advice and assistance of the CAP.

Temporary language is included which requires that the Chief Fiscal Officer transfer the sum of $300,000 from the Marketing Recyclables Program Fund to the Used Tire Recycling Fund to be “used exclusively for the purposes of implementing, administrating, and funding the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402. The bill has been to the House Public Health, Welfare and Labor Committee.

A copy of the bill can be found here.

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