BILL NUMBER: S1688REVISED 1/18/23

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
use of waste tire management and recycling fee funds

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to help farmers find a beneficial use for
their unwanted tires.

 
SUMMARY OF PROVISIONS:

This bill would expand the Department of Economic Development's authori-
ty to conduct market analysis, including demonstration projects, to
include reuse of waste tires in agricultural settings, and to conduct an
analysis of waste tire reuse opportunities.

 
JUSTIFICATION:
              

In March of 2016 DEC proposed an overhaul of its solid waste regu-
lations. One of the proposed changes placed tight restrictions on farm-
ers who re-use waste tires to hold down tarps that cover animal feed.
This long-time practice prevents fermentation and mold development and
ensures that animals and the foodstuffs they produce are healthy.

The proposed rules limited farms of any size from using more than 1,000
tires unless they applied for a full permit as a solid waste management
facility, and required that every tire be cut in half or have holes
drilled in it to let water drain out. Since most available waste tires
are steel-belted radials, this poses health risks to farmworkers who
could be injured by metal shards in cutting, stacking or handling them.
The alternative -- purchasing side walls or cut tires - could run $2.00
or more per side wall. Due to the outcry from the farming community, DEC
has provided some temporary relief on the tire numerical limits in the
final rules through issuing a "beneficial use determination" and an
"enforcement discretion letter." However, these document s still require
cutting or drilling the tires and expire in May 2020 (or sooner if
rescinded by DEC).  This legislation will help address unwanted farm
tires by expanding the existing authorization for the Department of
Economic Development to conduct market analysis, including demonstration
projects related to reuse in agricultural settings and to authorize an
analysis of waste tire reuse opportunities.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day.