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BILL NUMBER: A7859 SPONSOR: Assemblymen Farrell
The subject bill amends the New York State Environmental Conservation Law relating to waste tire management. Current law requires tire retailers to include waste tire management and recycling costs in the selling price of a new tire. This bill would allow tire retailers to include waste tire management and recycling costs in the selling price of the tire or make it a separate line item on the bill of up to $2.50 per tire. This bill authorizes tire retailers to charge a separate and distinct fee of up to $2.50 for waste tire management and recycling costs. The fee would be required to reflect the actual waste tire management and recycling costs to the tire retailer and would be listed separately on the invoice and in the published selling price of the tire. The bill also requires the tire retailer to inform the customer that the fee is charged at its sole discretion.
The Waste Tire Management and Recycling Act of 2003 was enacted to ensure the proper management of waste tires in New York State. The law established a $2.50 charge on every new tire sold. Twenty-five cents of the $2.50 goes to the retailer to cover their costs associated with used tire disposal. The current law does not permit tire dealers in New York to add an additional charge that is incurred for tire disposal. The State tells the industry to add the additional cost into the new tire price. This results in New York tire retails being in a less than competitive situation. This results is many sales going to Border State and Internet sales. The insufficient $0.25 per tire reimbursement is significantly lower than the actual costs of disposal of a used tire. This could lead to illegally disposing of waste tires. This bill will ensure that all tire dealers are reimbursed for their costs and that all used tires will continue to be disposed of properly.
The Service Stations & Repair Shop Operators of Upstate New York and the statewide membership of the New York State Association of Service Stations and Repair Shops, Inc., support this legislation and urge it become law.v
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