The 2010 Tennessee legislative session promises to be a difficult year for lawmakers.  Legislators are facing a historic budget shortfall of over $1 billion, while continuing to struggle with a shifting party landscape in an incredibly important election year.  Following is a brief outline of issues that the TSRA likely will have to address in the new year.

BOTTLE BILL

Tennessee legislators have seen a number of iterations of the bottle bill over the past eight years, but the latest push by proponents has political insiders wondering if the bill may actually grow legs and pass in 2010 or 2011.  Legislators are excited about the alleged profit that the state can make through uncollected deposits, and a number of consumer groups are jumping on the “green” bandwagon to support the legislation.  An ad-hoc joint study committee comprised of House Environment and State & Local members met in November to discuss the bill, but no action was taken.  This will be a major issue in 2010, and TSRA will be prepared to take on the challenge. 

CAR TITLES

Senator Mark Norris (R-Collierville) and Rep. Jim Coley (R-Bartlett) introduced SB1968 / HB1849 in 2009.  The legislation would increase the minimum age of a motor vehicle exempt from title requirements for auto dismantlers, recyclers and scrap metal dealers from 10 years to 15 years.  TSRA managed to hold the bill in the House Subcommittee in 2009, and the House deferred action on the legislation until 2010.  This summer, Judiciary Committee members met in a study session to address this bill.  TSRA presented testimony against HB1849 and received positive feedback from legislators.  The bill, however, will be heard in committee again in 2010, where Rep. Coley and Sen. Norris will push hard for passage.  This will be a moderate fight to kill the bill once and for all in 2010.

LANDFILL “FLUFF”

Landfills, household recycling, and general waste management will be hot topics for the Tennessee Legislature in 2010.  House Environment Committee Chairman Joe McCord (R-Maryville) and House State & Local Chairman Curry Todd (R-Collierville) hosted a 2009 summer study to discuss issues related to waste management foretelling a focus on these matters in 2010.  In addition to the bottle bill, another matter that would affect TSRA members is a limit on the amount of landfill “fluff” that scrap yards can send to landfills.  There was a proposed rule released in late 2008 that would have limited the amount of fluff that can be sent to waste facilities daily.  There have also been discussions about mandated waste reduction and flow issues related to fluff.  Because of the amount of chatter around this topic, Tennessee is likely to see a waste reduction bill in 2010 that could harm TSRA members by limiting their flow of waste into appropriate facilities.

COPPER THEFT

After a year and a half on the books, the metal theft legislation from 2008 has proved to have a number of problems.  TSRA is currently in discussions to craft legislation that will fix some of the issues.  This may include refining the definition of HVAC contractor to include a broader group, allowing for minimum cash purchases, and allowing for owners of copper/aluminum condensers to sell them directly to scrap yards.  There are a number of other changes that are being considered as well, and TSRA leadership is working on making sure issues that can be addressed legislatively are taken care of.

REGULATORY MONITORING

In addition to legislative issues mentioned above, TSRA will be monitoring administrative rules that could stem from state or federal laws.  Tag & Hold is one of the issues that we will be watching for since legislative preemption is not an option at present.  We will also be monitoring any fallout from federal Cap & Trade laws.  If action is needed on any of these or other issues, TSRA will be prepared to engage.  Otherwise, we will report all matters to the membership.

DAY ON THE HILLIn 2010, the TSRA will host a state lobby day for all members to come to Nashville and visit with legislators personally.  We will have a program to discuss citizen lobbying, arrange audiences with administration officials, and schedule time for individual meetings with legislators that represent TSRA members and serve on committees that affect scrap recycling business.  Watch for more information on this day that will be in late February or early March. 

WHY SUPPORT TSRA

Membership in your industry association is the best way to ensure that your business interests are protected before state government.  TSRA is a strong group that is respected at the Tennessee Legislature for being the voice of the scrap metal and recycling industry in the state.  The association protects and advocates on behalf of all metal shredders, auto dismantlers, and scrap yards in Tennessee.   

TSRA membership ensures that you have an up-to-date knowledge of legislative action and regulations that directly affect your bottom line.  TSRA is the organization that protects you from undue tax burden, new regulation on your business practices, and other legislation that will make it more difficult for you to operate in the state.  In addition to these protections, the association actively promotes legislative and regulatory change that will ease current business restrictions and increase profits for the scrap metal industry as a whole.  Members receive regular updates about the political situation in the state and easy to read descriptions of any potential changes coming.  Also, TSRA members get access to specific talking points to use with local government officials and an organized “Day on the Hill” where you can have your voice heard directly by the policymakers themselves.