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An Act
ENROLLED HOUSE
BILL NO. 3472 By: Kerbs of the House
and
Stanley of the Senate
An Act relating to environment and natural resources;
amending 27A O.S. 2021, Section 2-11-401.1, which
relates to definitions; modifying definition; and
providing an effective date.
SUBJECT: Environment and natural resources
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27A O.S. 2021, Section 2-11-401.1,
is amended to read as follows:
Section 2-11-401.1. As used in the Oklahoma Used Tire Recycling
Act:
1. "ASTM" means the American Society for Testing and Materials;
2. "Automobile" means every motor vehicle of the type
constructed and used for the transportation of ten persons or less,
including the driver, or used for the transportation of property.
Provided, however, that the automobile's gross vehicle weight rating
does not exceed sixteen thousand (16,000) pounds;
3. "Automotive dismantler and parts recycler" means the same as
defined in Section 591.2 of Title 47 of the Oklahoma Statutes;
4. "Commission" means the Oklahoma Tax Commission;
5. "Department" means the Department of Environmental Quality;
ENR. H. B. NO. 3472 Page 2
6. "End use" means a Department-approved ultimate economic use
for a used tire or tire-derived product, including granulated
rubber, ground rubber, tire chips, tire-derived aggregate, tire-
derived fuel and tire shreds;
7. "Fund" means the Used Tire Recycling Indemnity Fund;
8. "Granulated rubber" means particulate rubber composed of
mainly nonspherical particles that span a broad range of maximum
particle dimensions, from below four hundred twenty-five thousandths
(0.425) of a millimeter (40 mesh) to twelve (12) millimeters (0.47
inches) pursuant to current ASTM standards;
9. "Ground rubber" means particulate rubber composed of mainly
nonspherical particles that span a broad range of maximum particle
dimensions, from below four hundred twenty-five thousandths (0.425)
of a millimeter (40 mesh) to two (2) millimeters (0.08 inches)
pursuant to current ASTM standards;
10. "Motorcycle" means a motor vehicle of a type defined in
Section 1-135 of Title 47 of the Oklahoma Statutes;
11. "Motor-driven cycle" means a motor vehicle of a type
defined in Section 1-136 of Title 47 of the Oklahoma Statutes;
12. "Motor vehicle" means the same as defined in Section 1-134
of Title 47 of the Oklahoma Statutes;
13. "Priority cleanup list" means a list, created and
maintained by the Department, of:
a. unpermitted dumps which did not exist when the owner
took possession of the property where the tires are
located, and were created without the consent of or
benefit to the owner of the property, and
b. such other tire dumps designated by the Department
pursuant to Section 2-11-401.6 of this title;
14. "Reusable tire" means a tire that has been previously used
on a vehicle, not currently mounted on a vehicle, but can be legally
placed into service for vehicle use in Oklahoma;
15. "Semitrailer" means the same as defined in Section 1-162 of
Title 47 of the Oklahoma Statutes;
ENR. H. B. NO. 3472 Page 3
16. "Tire" means any solid or air-filled covering for vehicle
wheels;
17. "Tire chips" means pieces of scrap tires that have a basic
geometrical shape and are generally between twelve (12) millimeters
(0.47 inches) and fifty (50) millimeters (1.97 inches) in size and
have most of the wire removed pursuant to current ASTM standards;
18. "Tire dealer" means any person engaged in the business of
selling new and used tires to final consumers, not for resale;
19. "Tire-derived aggregate" means pieces of scrap tires that
have a basic geometrical shape and are generally between twelve (12)
millimeters (0.47 inches) and three hundred five (305) millimeters
(12.01 inches) in size and are intended for use in civil engineering
applications pursuant to ASTM standards;
20. "Tire-derived fuel" means whole tires or processed tires
that can be used for energy or fuel recovery pursuant to current
ASTM standards;
21. "Tire-derived fuel facility" or "TDF facility" means a
facility that uses processed tires or whole used tires for energy or
fuel recovery;
22. "Tire-derived product" means matter that:
a. is derived from a process that uses whole tires as a
feedstock, including chipping for the purpose of fuel
recovery, granulating and grinding,
b. adheres to established engineering or other
appropriate specifications or to established product
end-user specifications or customer conditions of
acceptance,
c. has a demonstrated benefit associated with the end
use, and
d. can be used as a substitute for or in conjunction with
a commercial product or raw material;
23. "Tire shreds" means pieces of scrap tires that have a basic
geometrical shape and are generally between fifty (50) millimeters
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(1.97 inches) and three hundred five (305) millimeters (12.01
inches) in size pursuant to current ASTM standards;
24. "Trailer" means the same as defined in Section 1-180 of
Title 47 of the Oklahoma Statutes;
25. "Used tire" means an unprocessed whole tire or tire part
that can no longer be used for its originally intended purpose but
can be beneficially reused as approved by the Department. Any used
tire collected in accordance with the requirements of the Oklahoma
Used Tire Recycling Act is not considered to be discarded. A tire
that can be used, reused or legally modified to be reused for its
original intended purpose shall not be a used tire;
26. "Used tire processing" means altering the form of whole
used tires by shredding, chipping or other method approved by the
Department, except baling and pyrolysis. For purposes of this act
only, tire pyrolysis shall, for a five-year period ending on July 1,
2031, meet the definition of used tire processing until July 1,
2031, but not thereafter. Any tire pyrolysis facility shall not be
considered an advanced recycling facility but rather a used tire
recycling facility and shall be subject to all applicable statutes
and rules for such facilities;
27. "Used tire recycling facility" means any place which is
permitted as a solid waste disposal site, in accordance with the
Oklahoma Solid Waste Management Act, at which used tires are
processed; and
28. "Vehicle" means the same as defined in Section 1-186 of
Title 47 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 15th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________