SCRAP TIRE SITES - H.B. 4242 (S-1): FLOOR ANALYSIS

House Bill 4242 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor: Representative Michelle McManus

House Committee: Conservation, Environment and Recreation

Senate Committee: Natural Resources and Environmental Affairs


CONTENT


The bill would amend Part 169 of the Natural Resources and Environmental Protection Act to add to existing requirements regarding the storage of scrap tires at a tire collection site; increase the minimum distance between tire piles from 20 to 30 feet, but give existing sites two years to comply; prohibit a collection site from receiving scrap tires if it had not made significant progress toward compliance with the 30-foot separation, within six months of the bill's effective date; establish specific performance bonds for persons who own a collection site; allow a performance bond to be used to bring a collection site into compliance, for site cleanup costs, and for costs of fire suppression and costs associated with a fire or other emergency at a collection site; include an automotive recycler as a collection site under certain circumstances; require the Department of Environmental Quality (DEQ) to prepare and implement a statewide plan for responding to fires at a collection site; and exempt from the Act's requirements end users of scrap tires, as long as 75% of their scrap tires were used each year. The bill also would permit a person, who incurred costs for responding to a fire or a violation of the Act, to bring an action in circuit court against a collection site owner or operator to recover these costs.


MCL 324.16901 et al. - Legislative Analyst: L. Arasim


FISCAL IMPACT


The bill would have an indeterminate fiscal impact on State and local government, dependent upon the appropriations process.


The DEQ currently receives $1.3 million in scrap tire recycling funds, half of which is used to support 13.5 FTEs to administer the Act. The Department has indicated that it does not have staff with expertise to design or implement scrap tire fire response or suppression programs, and that additional resources would be needed. In addition, the bill would authorize the DEQ to use a performance bond for costs associated with tire fire costs. Senate Bill 167, the proposed FY 1997-98 DEQ budget, was amended in the Senate to include $207,000 to reimburse two counties for fire suppression costs.


Date Completed: 5-12-97 - Fiscal Analyst: G. Cutler

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This 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.