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Bill would expand scrap tire enforcement in some cities, increase penalties

HB145 and SB46 would grant Class 2 cities power to enforce scrap tire violations and expand municipal court jurisdiction for violations.

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A bill introduced in both bodies of the Alabama Legislature seeks to grant Class 2 municipalities the authority to locally enforce the Alabama Scrap Tire Environmental Quality Act through a delegation agreement with the Alabama Department of Environmental Management.

In addition to expanding local jurisdiction, the bill introduces new misdemeanor penalties for violations related to scrap tire management.

Under current law, ADEM is responsible for enforcing scrap tire disposal regulations and management across the state. This bill would allow Class 2 municipalities, cities with populations between 175,000 and 299,999, to enter into agreements with ADEM to assume enforcement responsibilities within their jurisdictions. 

This means certain cities could be more active in regulating scrap tire disposal and ensuring compliance with state law. The bill also gives municipal courts the authority to handle violations of the Scrap Tire Act, streamlining prosecution at the local level.

One of the most notable changes in this bill is the introduction of criminal penalties for improper scrap tire management, classifying certain offenses as misdemeanors. Anyone found to be accumulating scrap tires in violation of the law would be charged with a Class C misdemeanor. Processing scrap tires without compliance or transporting them unlawfully would be Class B and Class A misdemeanors, respectfully.

Illegal dumping of scrap tires is an environmental and public health concern in Alabama. Abandoned tires can become breeding grounds for mosquitoes and create fire hazards. 

If passed, the bill would become law on June 1, 2025. 

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HB145, sponsored by Rep. Adline Clarke, D-Mobile, has been reported out of the House Mobile County Legislation Committee and Economic Development and Tourism Committee. It was read for a second time last week and placed on the calendar. The bill’s Senate counterpart passed the body and is pending in the House Local Legislation Committee.

Mary Claire is a reporter at APR.

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