VT
Vermont House Bill H0204

Vermont 2025-2026 Regular Session

Vermont House Bill H0204 Compare Versions

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11 BILL AS INTRODUCED H.204
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55 VT LEG #379075 v.1
66 H.204 1
77 Introduced by Representatives Taylor of Milton and Harple of Glover 2
88 Referred to Committee on 3
99 Date: 4
1010 Subject: Conservation and development; solid waste; extended producer 5
1111 responsibility; motor vehicle tires 6
1212 Statement of purpose of bill as introduced: This bill proposes to establish an 7
1313 extended producer responsibility program for waste motor vehicle tires. 8
1414 An act relating to the collection and recycling of waste motor vehicle tires 9
1515 It is hereby enacted by the General Assembly of the State of Vermont: 10
1616 Sec. 1. 10 V.S.A. chapter 169 is added to read: 11
1717 CHAPTER 169. COLLECTION AND RECYCLING 12
1818 OF WASTE MOTOR VEHICLE TIRES 13
1919 Subchapter 1. Definitions 14
2020 § 7601. DEFINITIONS 15
2121 As used in this chapter: 16
2222 (1) “Agency” means the Agency of Natural Resources. 17
2323 (2) “Brand” means a name, symbol, word, or traceable mark 18
2424 that identifies a motor vehicle tire and attributes the motor vehicle tire to the 19
2525 owner or licensee of the brand as the manufacturer. 20 BILL AS INTRODUCED H.204
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3030 (3) “Collection rate” means a percentage of the number of waste tires 1
3131 that each manufacturer or waste tire stewardship organization collects by an 2
3232 established date. The collection rate is calculated by dividing the total number 3
3333 of the waste tires that are collected during a calendar year by the average 4
3434 number of motor vehicle tires that were estimated to have been sold in the 5
3535 State by participating manufacturers during the previous three calendar years. 6
3636 Estimates of motor vehicle tires sold in the State may be based on a reasonable 7
3737 pro rata calculation based on national sales. 8
3838 (4) “Covered entity” means any person who presents or delivers any 9
3939 number of waste tires to a collection facility that is included in an approved 10
4040 waste tire stewardship plan. 11
4141 (5) “Legacy waste tire pile” means an accumulation of 50 or more waste 12
4242 tires, whether or not they are lying upon another, that: 13
4343 (A) is located on a parcel of real property, other than a parcel used by 14
4444 a person engaged in farming, as that term is defined in section 6001 of this 15
4545 title, when the person engaged in farming has sliced the tires to prevent the 16
4646 holding of water and the sliced tires are currently in use annually for the 17
4747 practice of holding down silage bunkers; and 18
4848 (B) is not enclosed by a building. 19
4949 (6) “Manufacturer” means a person who: 20 BILL AS INTRODUCED H.204
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5454 (A) manufactures or manufactured a motor vehicle tire under the 1
5555 person’s own brand or label for sale in the State; 2
5656 (B) sells in the State under its own brand or label a motor vehicle tire 3
5757 produced by another supplier; 4
5858 (C) owns a brand that the person licenses or licensed to another 5
5959 person for use on a motor vehicle tire sold in the State; 6
6060 (D) imports into the United States for sale in the State a motor 7
6161 vehicle tire manufactured by a person without a presence in the United States; 8
6262 (E) manufactures a motor vehicle tire for sale in the State without 9
6363 affixing a brand name; or 10
6464 (F) assumes the responsibilities, obligations, and liabilities of a 11
6565 manufacturer as defined under subdivisions (A) through (E) of this subdivision 12
6666 (6), provided that the Secretary may enforce the requirements of this chapter 13
6767 against a manufacturer defined under subdivisions (A) through (E) of this 14
6868 subdivision (6) if a person who assumes the manufacturer’s responsibilities 15
6969 fails to comply with the requirements of this chapter. 16
7070 (7) “Motorized electric powered bicycle or tricycle” means a bicycle or 17
7171 tricycle that is equipped with an assistance motor that has a maximum piston 18
7272 displacement of 48 cubic centimeters or less, that may also be self-propelled, 19
7373 and that is operated at speeds of less than 20 miles per hour. 20 BILL AS INTRODUCED H.204
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7878 (8) “Motor vehicle” means all vehicles operated in the State that are 1
7979 propelled or drawn by power other than muscular power. 2
8080 (A) “Motor vehicle” includes: 3
8181 (i) “all-terrain vehicles,” which has the same meaning as in 4
8282 23 V.S.A. § 3501(1); 5
8383 (ii) “motorcycles,” which has the same meaning as in 23 V.S.A. 6
8484 § 4(18); 7
8585 (iii) farm tractors and farm trailers; and 8
8686 (iv) “motor-driven cycles,” which has the same meaning as in 9
8787 23 V.S.A. § 4(45)(A). 10
8888 (B) “Motor vehicle” does not mean: 11
8989 (i) an “electric personal assistive mobility device,” which has the 12
9090 same meaning as in 23 V.S.A. § 4(66); 13
9191 (ii) an “electric bicycle,” which has the same meaning as in 14
9292 23 V.S.A. § 4(46)(A); 15
9393 (iii) a “motor-assisted bicycle,” which has the same meaning as in 16
9494 23 V.S.A. § 4(45)(B)(i), or a motor-assisted bicycle that has been modified to 17
9595 meet the physical needs or abilities of the operator or a passenger; 18
9696 (iv) an “adaptive electric cycle,” which has the same meaning as 19
9797 in 19 V.S.A. § 2901; 20
9898 (v) a lawn mower; or 21 BILL AS INTRODUCED H.204
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103103 (vi) a specialized construction vehicle, such as motorized highway 1
104104 building equipment, a road-making appliance, a tracked vehicle, and an aircraft 2
105105 pushback tractor. 3
106106 (9) “Motor vehicle tire” means a tire designed for on-road use on a 4
107107 motor vehicle. 5
108108 (10) “Retailer” means a person who sells a motor vehicle tire to a person 6
109109 in the State through any means, including a sales outlet, a catalogue, the 7
110110 telephone, the internet, or any electronic means. 8
111111 (11) “Secretary” means the Secretary of Natural Resources. 9
112112 (12) “Sell” or “sale” means any transfer to a person for consideration of 10
113113 title or of the right of a person to use by lease or sales contract a motor vehicle 11
114114 tire in the State of Vermont. “Sell” or “sale” does not include the sale, resale, 12
115115 lease, or transfer of a used motor vehicle tire or a manufacturer’s or a 13
116116 distributor’s wholesale transaction with a distributor or a retailer. 14
117117 (13) “Tire” means a continuous solid or pneumatic rubber covering 15
118118 encircling the wheel of a motor vehicle. 16
119119 (14) “Waste tire” means a motor vehicle tire that has been removed 17
120120 from a motor vehicle and is no longer suitable for its original purpose because 18
121121 of wear, tear, damage, defect, or other reason. 19
122122 (15) “Waste tire stewardship organization” or “stewardship 20
123123 organization” means an organization appointed by one or more manufacturers 21 BILL AS INTRODUCED H.204
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128128 to act as an agency on behalf of a manufacturer or manufacturers to design, 1
129129 submit, implement, and administer a waste tire stewardship plan under this 2
130130 chapter. 3
131131 Subchapter 2. Waste Tire Stewardship Program 4
132132 § 7604. SALE OF MOTOR VEHICLE TIRES; STEWARDSHIP 5
133133 ORGANIZATION REGISTRATION 6
134134 Sale prohibited. Beginning on January 1, 2027, except as set forth under 7
135135 section 7609 of this title, a manufacturer of a motor vehicle tire shall not sell, 8
136136 offer for sale, or deliver to a retailer for subsequent sale a motor vehicle tire 9
137137 unless all the following have been met: 10
138138 (1) The manufacturer is: 11
139139 (A) implementing an approved waste tire stewardship plan; or 12
140140 (B) participating in a waste tire stewardship organization that is 13
141141 registered with the Secretary and that is implementing an approved waste tire 14
142142 stewardship plan. 15
143143 (2) The manufacturer or waste tire stewardship organization has paid the 16
144144 fee under section 7620 of this title. 17
145145 (3) The name of the manufacturer and the manufacturer’s brands are 18
146146 designated on the Agency website as covered by an approved waste tire 19
147147 stewardship plan. 20 BILL AS INTRODUCED H.204
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152152 § 7605. REGISTRATION OF MANUFACTURER OR WASTE TIRE 1
153153 STEWARDSHIP ORGANIZATION 2
154154 (a) Manufacturer registration requirements. On or before July 1, 2026, and 3
155155 annually thereafter, a manufacturer of motor vehicle tires sold or offered for 4
156156 sale in the State shall register with the Secretary. 5
157157 (b) Waste tire stewardship organization registration. A manufacturer of 6
158158 motor vehicle tires may meet the requirements of this chapter by participating 7
159159 in a waste tire stewardship organization that registers with the Secretary on or 8
160160 before July 1, 2026, and annually thereafter, and that meets the requirements of 9
161161 section 7606 of this title. 10
162162 (c) Registration form. The Secretary shall provide the registration form to 11
163163 the manufacturer or waste tire stewardship organization. The registration form 12
164164 shall include: 13
165165 (1) for a manufacturer registering independently: 14
166166 (A) a list of the manufacturer’s brands offered for sale in the 15
167167 State; and 16
168168 (B) the name, address, and contact information of a person 17
169169 responsible for ensuring the manufacturer’s compliance with this chapter; and 18
170170 (2) for a waste tire stewardship organization: 19
171171 (A) a list of the manufacturers participating in the waste tire 20
172172 stewardship organization; 21 BILL AS INTRODUCED H.204
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177177 (B) the name, address, and contact information of a person 1
178178 responsible for ensuring each participating manufacturer’s compliance with 2
179179 this chapter; 3
180180 (C) a description of how the waste tire stewardship organization 4
181181 meets the requirements of sections 7604, 7607, and 7608 of this title for 5
182182 manufacturers, including any reasonable requirements for participation in the 6
183183 waste tire stewardship organization; and 7
184184 (D) the name, address, and contact information of a person whom a 8
185185 nonmember manufacturer can contact regarding how to participate in the waste 9
186186 tire stewardship organization as a method of satisfying the requirements of this 10
187187 chapter. 11
188188 (d) Renewal of registration. A manufacturer or waste tire stewardship 12
189189 organization may renew a registration without changes by notifying the 13
190190 Agency of Natural Resources on a form provided by the Secretary. 14
191191 § 7606. WASTE TIRE STEWARDSHIP ORGANIZATIONS; 15
192192 REQUIREMENTS 16
193193 Qualifications for a waste tire stewardship organization. To qualify as a 17
194194 waste tire stewardship organization under this chapter, a stewardship 18
195195 organization shall: 19
196196 (1) commit to assume the responsibilities, obligations, and liabilities of 20
197197 the manufacturers participating in the waste tire stewardship organization; 21 BILL AS INTRODUCED H.204
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202202 (2) not create unreasonable barriers for participation by manufacturers in 1
203203 the waste tire stewardship organization; 2
204204 (3) maintain a public website that lists all manufacturers and 3
205205 manufacturers’ brands covered by the waste tire stewardship organization’s 4
206206 approved waste tire stewardship plan; and 5
207207 (4) register with the Secretary as required under section 7605 of 6
208208 this title. 7
209209 § 7607. WASTE TIRE STEWARDSHIP PLANS 8
210210 (a) Stewardship plan required. On or before October 1, 2026, each 9
211211 manufacturer selling, offering for sale, distributing, or offering for promotional 10
212212 purposes a motor vehicle tire in the State shall individually or as part of a 11
213213 waste tire stewardship organization submit a waste tire stewardship plan to the 12
214214 Secretary for review. 13
215215 (b) Waste tire stewardship plan; minimum requirements. Each waste tire 14
216216 stewardship plan shall include, at a minimum, all of the following elements: 15
217217 (1) List of manufacturers and brands. Each waste tire stewardship plan 16
218218 shall list: 17
219219 (A) all participating manufacturers and contact information for each 18
220220 of the participating manufacturers; and 19
221221 (B) the brands of motor vehicle tires covered by the stewardship plan. 20 BILL AS INTRODUCED H.204
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226226 (2) Free collection of waste tires. Each waste tire stewardship plan shall 1
227227 provide for the collection of waste tires from covered entities at no cost to 2
228228 covered entities. A manufacturer shall not refuse the collection of a waste tire 3
229229 based on the brand or manufacturer of the motor vehicle tire. 4
230230 (3) Convenient collection location. Each waste tire stewardship 5
231231 plan shall: 6
232232 (A) Provide for notification of all retailers of an opportunity to 7
233233 participate at no cost as a collection location under the plan. 8
234234 (B) Allow all retailers who meet requirements specified in the plan, 9
235235 all municipalities, and all certified solid waste management facilities to opt to 10
236236 be a collection facility under the plan at no cost to the retailer, municipality, or 11
237237 certified solid waste management facility. 12
238238 (C) Provide, at a minimum, in each county of the State not fewer than 13
239239 two collection facilities that provide for the collection of waste tires throughout 14
240240 the year. All collection facilities shall be specified in the plan. 15
241241 (D) Provide for the acceptance from a covered entity of up to 12 16
242242 waste tires per visit. A collection facility may agree to accept more than 12 17
243243 waste tires per visit. 18
244244 (4) Legacy waste tire pile response. Each waste tire stewardship plan 19
245245 shall include a proposed method of collecting tires from or eliminating legacy 20 BILL AS INTRODUCED H.204
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250250 waste tire piles in the State. Proposed methods may include financial 1
251251 payments to property owners, bounties on collection, or other incentives. 2
252252 (5) Collection rate. Each waste tire stewardship plan shall include a 3
253253 collection rate performance goal approved by the Secretary. In the first year of 4
254254 the plan, manufacturers shall have a collection rate performance goal of 50 5
255255 percent of the participating manufacturer’s motor vehicle tires sold, by unit, in 6
256256 the State in the previous calendar year. 7
257257 (6) Method of disposition. Each waste tire stewardship plan shall 8
258258 include a description of the method that will be used to manage waste tires 9
259259 responsibly. A manufacturer or waste tire stewardship organization shall 10
260260 recycle or reuse at least 50 percent of collected waste tires, provided that use of 11
261261 waste tires as tire-derived fuel shall not be considered reuse or recycling. 12
262262 (7) Education and outreach. Each waste tire stewardship plan shall 13
263263 include an education and outreach program that may include media 14
264264 advertising, retail displays, articles in publications, and other public 15
265265 educational efforts. At a minimum, the education and outreach program shall 16
266266 notify the public of the following: 17
267267 (A) that there is a free collection program for waste tires; 18
268268 (B) the location of collection points for waste tires and how a covered 19
269269 entity can access the collection program; and 20 BILL AS INTRODUCED H.204
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274274 (C) the opportunity of retailers, manufacturers, and certified solid 1
275275 waste management facilities to participate in waste tire stewardship plan at no 2
276276 cost. 3
277277 (8) Compliance with appropriate environmental standards. In 4
278278 implementing a waste tire stewardship plan, a manufacturer shall comply with 5
279279 all applicable laws related to the collection, transportation, and disposal of 6
280280 waste tires. 7
281281 (9) Reimbursement. A waste tire stewardship plan shall include 8
282282 a reimbursement procedure that is consistent with the requirements of 9
283283 subchapter 3 of this chapter. 10
284284 (c) Implementation. A manufacturer or a waste tire stewardship 11
285285 organization shall include provisions in the waste tire stewardship plan for the 12
286286 implementation of the program in conjunction with those retailers, 13
287287 municipalities, and certified solid waste management facilities acting as 14
288288 collection facilities under a program. A manufacturer or waste tire stewardship 15
289289 organization shall not impose transportation or recycling costs on retailers, 16
290290 municipalities, or certified solid waste management facilities acting as 17
291291 collection facilities under a program. A manufacturer or waste tire stewardship 18
292292 organization shall provide retailers, municipalities, and certified solid waste 19
293293 management facilities acting as collection facilities products or equipment for 20 BILL AS INTRODUCED H.204
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298298 setting up a collection point and for providing for the pickup of collected waste 1
299299 tires, including arranging for the management of those waste tires. 2
300300 (d) Term of waste tire stewardship plan. A stewardship plan approved by 3
301301 the Secretary under section 7610 of this title shall have a term not to exceed 4
302302 five years, provided that the manufacturer remains in compliance with the 5
303303 requirements of this chapter and the terms of the approved plan. 6
304304 § 7608. ANNUAL REPORT; PLAN AUDIT 7
305305 (a) Annual report. On or before March 1, 2028, and annually thereafter, a 8
306306 manufacturer of motor vehicle tires or a waste tire stewardship organization 9
307307 representing manufacturers of motor vehicle tires shall submit a report to the 10
308308 Secretary that contains the following: 11
309309 (1) the estimated total number of motor vehicle tires sold in the State in 12
310310 the previous calendar year; 13
311311 (2) the number of waste tires collected by the manufacturer or the waste 14
312312 tire stewardship organization in the prior calendar year; 15
313313 (3) the collection rate achieved in the prior calendar year under the 16
314314 waste tire stewardship plan; 17
315315 (4) the locations for all collection points set up by the manufacturer or 18
316316 the waste tire stewardship organization and contact information for each 19
317317 location; 20 BILL AS INTRODUCED H.204
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322322 (5) examples and description of educational materials used to increase 1
323323 collection; 2
324324 (6) the manner in which the collected waste tires were managed, 3
325325 including: 4
326326 (A) the number of waste tires collected from legacy waste tire piles; 5
327327 (B) the number of collected waste tires recycled or reused; and 6
328328 (C) the number of collected waste tires disposed of as tire-derived 7
329329 fuel or otherwise incinerated; 8
330330 (7) any material change to the waste tire stewardship plan approved by 9
331331 the Secretary under section 7610 of this title; and 10
332332 (8) the cost of implementation of the waste tire stewardship plan, 11
333333 including the costs of collection, recycling, education, and outreach. 12
334334 (b) Plan audit. Beginning on January 1, 2032, and every five years 13
335335 thereafter, a manufacturer or waste tire stewardship organization shall hire an 14
336336 independent third party to audit the plan and plan operation. The auditor shall 15
337337 examine the effectiveness of the plan in collecting and disposing of waste tires. 16
338338 The auditor shall examine the cost-effectiveness of the plan and compare it to 17
339339 that of waste tire stewardship plans in other jurisdictions. The auditor shall 18
340340 make recommendations to the Secretary on ways to increase the efficacy and 19
341341 cost-effectiveness of the waste tire stewardship plan. 20 BILL AS INTRODUCED H.204
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346346 § 7609. NEW MANUFACTURERS; SMALL MANUFAC TURERS 1
347347 (a) New manufacturers. 2
348348 (1) A manufacturer of a motor vehicle tire who, after January 1, 2027, 3
349349 seeks to sell, offer for sale, or offer for promotional purposes in the State a 4
350350 motor vehicle tire not previously sold in the State shall notify the Secretary 5
351351 prior to selling or offering for sale or promotion a motor vehicle tire not 6
352352 covered by an approved waste tire stewardship plan. 7
353353 (2) The Secretary shall list a manufacturer who supplies notice under 8
354354 this subsection as a “new manufacturer” on the Agency’s website. A 9
355355 manufacturer that supplies notice under this subsection shall have 90 days, not 10
356356 including the time required for public comment under subsection 7610(d) of 11
357357 this title, to either join an existing waste tire stewardship organization or 12
358358 submit a waste tire stewardship plan for approval to the Secretary. 13
359359 (b) Small manufacturers. A manufacturer who annually sells, offers for 14
360360 sale, distributes, or imports in or into the State motor vehicles with a total retail 15
361361 value of less than $5,000.00 is exempt from the requirements of this chapter. 16
362362 § 7610. AGENCY RESPONSIBILITIES 17
363363 (a) Review and approve stewardship plans. The Secretary shall review and 18
364364 approve or deny waste tire stewardship plans submitted under section 7607 of 19
365365 this title. The Secretary shall approve a waste tire stewardship plan if the 20
366366 Secretary finds that the plan: 21 BILL AS INTRODUCED H.204
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371371 (1) complies with the requirements of subsection 7607(b) of this title; 1
372372 (2) provides adequate notice to the public of the collection opportunities 2
373373 available for waste tires; 3
374374 (3) ensures that collection of waste tires will occur in an 4
375375 environmentally sound fashion that is consistent with the law; and 5
376376 (4) promotes the collection and disposal of waste tires. 6
377377 (b) Assessment of performance. The Secretary shall assess each 7
378378 manufacturer’s or waste tire stewardship organization’s performance under an 8
379379 approved waste tire stewardship plan, including whether a manufacturer or 9
380380 waste tire stewardship organization achieved the collection rate performance 10
381381 goal for the year. If a manufacturer or waste tire stewardship organization fails 11
382382 to achieve its collection rate performance goal, the Secretary shall impose a 12
383383 penalty under section 7612 of this title. 13
384384 (c) Plan amendment. The Secretary, in the Secretary’s discretion or at the 14
385385 request of a manufacturer or a waste tire stewardship organization, may require 15
386386 a manufacturer or a stewardship organization to amend an approved plan. The 16
387387 Secretary shall subject all plan amendments to the public input provisions of 17
388388 subsection (d) of this section. 18
389389 (d) Public input. Approval of or amendment to the waste tire steward plan 19
390390 shall be subject to the public input provisions of section 7714 of this title. 20 BILL AS INTRODUCED H.204
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395395 (e) Registrations. The Secretary shall accept, review, and approve or deny 1
396396 manufacturer registrations or the waste tire stewardship organization 2
397397 registrations required by this chapter. The Secretary may revoke a registration 3
398398 of a manufacturer or a waste tire stewardship organization for actions that are 4
399399 unreasonable, unnecessary, or contrary to the requirements or the policy of this 5
400400 chapter. 6
401401 (f) Supervisory capacity. The Secretary shall act in a supervisory capacity 7
402402 over the actions of a manufacturer or a waste tire stewardship organization 8
403403 registered under this chapter. In acting in this capacity, the Secretary shall 9
404404 review the actions of the manufacturer or the waste tire stewardship 10
405405 organization to ensure that they are reasonable, necessary, and limited to 11
406406 carrying out requirements of and policy established by this chapter. 12
407407 (g) Special handling requirements. The Secretary may adopt, by rule, 13
408408 special handling requirements for the collection, transport, and disposal of 14
409409 waste tires. 15
410410 (h) Approved plans; internet posting. The Secretary shall post on the 16
411411 Agency website the names of all manufacturers and manufacturers’ brands that 17
412412 are covered under an approved waste tire stewardship plan. For waste tire 18
413413 stewardship organizations, the Secretary may link to the list of manufacturers 19
414414 and manufacturers’ brands on the waste tire stewardship organization’s 20
415415 website. 21 BILL AS INTRODUCED H.204
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420420 § 7611. RETAILER OBLIGATIONS 1
421421 (a) Sale prohibited. Except as set forth under subsection (b) of this section, 2
422422 beginning on January 1, 2027, no retailer shall sell or offer for sale a motor 3
423423 vehicle tire unless the producer of the motor vehicle tire is implementing an 4
424424 approved stewardship plan, is a member of a stewardship organization that is 5
425425 implementing an approved stewardship plan, or is exempt from participation in 6
426426 the plan. 7
427427 (b) Inventory exception; expiration or revocation of manufacturer 8
428428 registration. A retailer shall not be responsible for an unlawful sale of a motor 9
429429 vehicle tire under this subsection if: 10
430430 (1) the retailer purchased the motor vehicle tire prior to January 1, 11
431431 2027; or 12
432432 (2) the manufacturer’s waste tire stewardship plan expired or was 13
433433 revoked, and the retailer took possession of the in-store inventory of motor 14
434434 vehicle tires prior to the expiration or revocation of the manufacturer’s waste 15
435435 tire stewardship plan. 16
436436 (c) Educational material. A manufacturer or waste tire stewardship 17
437437 organization supplying motor vehicle tires to a retailer shall provide the retailer 18
438438 with educational materials describing collection opportunities for waste tires. 19
439439 The retailer shall make the educational materials available to covered entities. 20 BILL AS INTRODUCED H.204
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444444 § 7612. PENALTIES FOR FAILURE TO ACHIEVE PERFORMANCE 1
445445 COLLECTION GOAL 2
446446 (a) Assessment of penalty. The Secretary shall assess a penalty against a 3
447447 manufacturer or waste tire stewardship organization that fails to achieve the 4
448448 collection rate performance goal in its waste tire stewardship plan. 5
449449 (b) Amount of penalty. The Secretary shall assess a penalty under this 6
450450 section as follows: 7
451451 (1) If the manufacturer achieved less than 50 percent of the collection 8
452452 rate performance goal, the manufacturer shall pay a penalty of $1.00 per tire 9
453453 difference between the collection rate performance goal and the actual number 10
454454 of waste tires collected in the calendar year. 11
455455 (2) If the manufacturer achieved 50 percent or greater of the collection 12
456456 rate performance goal, the manufacturer shall pay a penalty of $0.50 per tire 13
457457 difference between the collection rate performance goal and the actual number 14
458458 of waste tires collected in the calendar year. 15
459459 (c) Disposition of penalties. The Secretary shall deposit penalties collected 16
460460 under this section in the Solid Waste Management Assistance Account of the 17
461461 Waste Management Assistance Fund for the proper disposal of waste tires as 18
462462 provided for in subdivision 6618(b)(10) of this title, including the elimination 19
463463 of legacy waste tire piles. 20 BILL AS INTRODUCED H.204
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468468 Subchapter 3. Reimbursement and Cost Recovery 1
469469 § 7614. REIMBURSEMENT; AUTHORIZATION 2
470470 (a) Reimbursement of motor vehicle tire manufacturers. 3
471471 (1) A manufacturer or a waste tire stewardship organization operating 4
472472 under an approved waste tire stewardship plan that collects waste tires that are 5
473473 not listed under its approved waste tire stewardship plan is entitled to 6
474474 reimbursement from the manufacturer of the collected waste tire or the waste 7
475475 tire stewardship organization representing the manufacturer of the collected 8
476476 waste tire of reimbursable costs per tire incurred in collecting waste tires. 9
477477 (2) Reimbursement may be requested by a collecting manufacturer or 10
478478 waste tire stewardship organization only after that manufacturer or stewardship 11
479479 organization has achieved the collection rate performance goal approved by the 12
480480 Secretary under section 7607 of this title. 13
481481 (b) Reimbursable costs. Under this subchapter, a manufacturer or a waste 14
482482 tire stewardship organization may seek reimbursement only for those costs 15
483483 incurred in collecting the waste tires subject to the reimbursement request. 16
484484 Reimbursable costs include: 17
485485 (1) costs of collection, transport, recycling, and other methods of 18
486486 disposition identified in an approved waste tire stewardship plan; and 19
487487 (2) reasonable educational, promotional, or administrative costs. 20 BILL AS INTRODUCED H.204
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490490
491491 VT LEG #379075 v.1
492492 § 7615. REIMBURSEMENT PROCESS 1
493493 (a) Reimbursement request. 2
494494 (1) A manufacturer or waste tire stewardship organization that incurs 3
495495 reimbursable costs under section 7614 of this title shall submit a request to the 4
496496 manufacturer of the collected waste tire or the waste tire stewardship 5
497497 organization in which the manufacturer of the collected waste tire is 6
498498 participating. 7
499499 (2) A manufacturer or waste tire stewardship organization that receives 8
500500 a request for reimbursement may, prior to payment and within 30 days after 9
501501 receipt of the request for reimbursement, request an independent audit of 10
502502 submitted reimbursement costs. 11
503503 (3) The independent auditor shall verify the reasonableness of the 12
504504 reimbursement request, including the costs sought for reimbursement, the 13
505505 amount of reimbursement, and the reimbursable costs assessed by each of the 14
506506 two programs. 15
507507 (4) If the independent audit confirms the reasonableness of the 16
508508 reimbursement request, the manufacturer or waste tire stewardship 17
509509 organization requesting the audit shall pay the cost of the audit and the amount 18
510510 of the reimbursement calculated by the independent auditor. If the 19
511511 independent audit indicates the reimbursement request was not reasonable, the 20
512512 manufacturer or waste tire stewardship organization that initiated the 21 BILL AS INTRODUCED H.204
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514514
515515
516516 VT LEG #379075 v.1
517517 reimbursement request shall pay the cost of the audit and the amount of the 1
518518 reimbursement calculated by the independent auditor. 2
519519 (b) Role of Agency. The Agency shall not provide assistance or otherwise 3
520520 participate in a reimbursement request, audit, or other action under this section, 4
521521 unless subject to subpoena before a court of jurisdiction. 5
522522 § 7616. PRIVATE RIGHT OF ACTION 6
523523 (a) Action against manufacturer with no waste tire stewardship plan. A 7
524524 manufacturer or waste tire stewardship organization implementing an approved 8
525525 waste tire stewardship plan in compliance with the requirements of this chapter 9
526526 may bring a civil action against another manufacturer or waste tire stewardship 10
527527 organization for damages when: 11
528528 (1) the plaintiff manufacturer or waste tire stewardship organization 12
529529 incurs more than $1,000.00 in actual reimbursable costs collecting, handling, 13
530530 recycling, or properly disposing of waste tires that were sold or offered for sale 14
531531 in the State by that other manufacturer; and 15
532532 (2) the manufacturer from whom damages are sought: 16
533533 (A) can be identified as the manufacturer of the collected waste tires 17
534534 from a brand or marking on the waste tire or from other information available 18
535535 to the plaintiff manufacturer or waste tire stewardship organization; and 19 BILL AS INTRODUCED H.204
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537537
538538
539539 VT LEG #379075 v.1
540540 (B) does not operate or participate in an approved waste tire 1
541541 stewardship organization in the State or is not otherwise in compliance with 2
542542 the requirements of this chapter. 3
543543 (b) Action against manufacturer with an approved waste tire stewardship 4
544544 plan. A manufacturer or waste tire stewardship organization in compliance 5
545545 with the requirements of this chapter may bring a civil action for damages 6
546546 against a manufacturer or waste tire stewardship organization in the State that 7
547547 is in compliance with the requirements of this chapter, provided that: 8
548548 (1) a plaintiff manufacturer or waste tire stewardship organization 9
549549 submitted a reimbursement request to another manufacturer or waste tire 10
550550 stewardship organization under section 7615 of this title; and 11
551551 (2) the manufacturer or waste tire stewardship organization does not 12
552552 receive reimbursement within: 13
553553 (A) 90 days after the reimbursement request, if no independent audit 14
554554 is requested under section 7615 of this title; or 15
555555 (B) 60 days after completion of an audit if an independent audit is 16
556556 requested under section 7615 of this title, and the audit confirms the validity of 17
557557 the reimbursement request. 18
558558 (c) Action against individual manufacturer. 19
559559 (1) A civil action under this section may be brought against an 20
560560 individual manufacturer only if the manufacturer is implementing its own 21 BILL AS INTRODUCED H.204
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562562
563563
564564 VT LEG #379075 v.1
565565 waste tire stewardship plan or the manufacturer has failed to register to 1
566566 participate in a waste tire stewardship plan. 2
567567 (2) A manufacturer participating in an approved waste tire stewardship 3
568568 plan covering multiple manufacturers shall not be sued individually for 4
569569 reimbursement. 5
570570 (3) An action against a manufacturer participating in a waste tire 6
571571 stewardship plan covering multiple manufacturers shall be brought against the 7
572572 stewardship organization implementing the plan. 8
573573 (d) Role of Agency. The Agency shall not be a party to or be required to 9
574574 provide assistance or otherwise participate in a civil action authorized under 10
575575 this section solely due to its regulatory requirements under this chapter, unless 11
576576 subject to subpoena before a court of jurisdiction. 12
577577 (e) Damages; definition. As used in this section, “damages” means the 13
578578 actual, reimbursable costs a plaintiff manufacturer or waste tire stewardship 14
579579 organization incurs in collecting, handling, recycling, or properly disposing of 15
580580 waste tires reasonably identified as having originated from another 16
581581 manufacturer or waste tire stewardship organization. 17
582582 Subchapter 4. General Provisions 18
583583 § 7618. CONFIDENTIALITY OF SUBMITTED DATA 19
584584 (a) Confidentiality. The Secretary shall make reports and data submitted 20
585585 under this chapter available for public inspection and copying, provided that: 21 BILL AS INTRODUCED H.204
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587587
588588
589589 VT LEG #379075 v.1
590590 (1) information protected under the Uniform Trade Secrets Act, as 1
591591 codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 2
592592 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under 3
593593 the Public Records Act; and 4
594594 (2) the Secretary may publish information confidential under 5
595595 subdivision (1) of this subsection in a summary or aggregated form that does 6
596596 not directly or indirectly identify individual manufacturers, distributors, or 7
597597 retailers. 8
598598 (b) Omission of trade secret information. The Secretary may require, as a 9
599599 part of a report submitted under this chapter, that the manufacturer or waste 10
600600 tire stewardship organization submit a report that does not contain trade secret 11
601601 information and is available for public inspection and review. 12
602602 (c) Total number of waste tires. The total number of waste tires collected 13
603603 under an approved waste tire stewardship plan is not confidential business 14
604604 information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. 15
605605 chapter 143, and is subject to inspection and review under the Public Records 16
606606 Act, 1 V.S.A. chapter 5, subchapter 3. 17
607607 § 7619. ANTITRUST; CONDUCT AUTHORIZED 18
608608 (a) Activity authorized. A manufacturer, a group of manufacturers, or a 19
609609 waste tire stewardship organization implementing or participating in an 20
610610 approved waste tire stewardship plan under this chapter for the collection, 21 BILL AS INTRODUCED H.204
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612612
613613
614614 VT LEG #379075 v.1
615615 transport, processing, and end-of-life management of waste tires is individually 1
616616 or jointly immune from liability for the conduct under State laws relating to 2
617617 antitrust, restraint of trade, unfair trade practices, and other regulation of trade 3
618618 or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the 4
619619 conduct is reasonably necessary to plan, implement, and comply with the 5
620620 manufacturer’s, group of manufacturers’, or waste tire stewardship 6
621621 organization’s chosen system for managing waste tires. This subsection shall 7
622622 also apply to conduct of a retailer or wholesaler participating in a waste tire 8
623623 stewardship organization’s approved waste tire stewardship plan when the 9
624624 conduct is necessary to plan and implement the manufacturer’s or waste tire 10
625625 stewardship organization’s collection or recycling system for waste tires. 11
626626 (b) Limitations on antitrust activity. Subsection (a) of this section shall not 12
627627 apply to an agreement among manufacturers, groups of manufacturers, 13
628628 retailers, wholesalers, or waste tire stewardship organizations affecting the 14
629629 price of motor vehicle tires or any agreement restricting the geographic area in 15
630630 which, or customers to whom, motor vehicle tires are sold. 16
631631 § 7620. FEES 17
632632 (a) A manufacturer or waste tire stewardship organization shall pay 18
633633 $15,000.00 annually for operation under a waste tire stewardship plan 19
634634 approved by the Secretary under section 7610 of this title. 20 BILL AS INTRODUCED H.204
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636636
637637
638638 VT LEG #379075 v.1
639639 (b) The Secretary shall deposit fees collected under subsection (a) of this 1
640640 section in the Environmental Permit Fund established under 3 V.S.A. § 2805. 2
641641 § 7621. RULEMAKING; PROCEDURE 3
642642 The Secretary may adopt rules or procedures to implement the requirements 4
643643 of this chapter. 5
644644 Sec. 2. 10 V.S.A. § 8003 is amended to read: 6
645645 § 8003. APPLICABILITY 7
646646 (a) The Secretary may take action under this chapter to enforce the 8
647647 following statutes and rules, permits, assurances, or orders implementing the 9
648648 following statutes, and the Board may take such action with respect to 10
649649 subdivision (10) of this subsection: 11
650650 * * * 12
651651 (31) 10 V.S.A. chapter 124, relating to the trade in covered animal parts 13
652652 or products; and 14
653653 (32) 10 V.S.A. chapter 164B, relating to collection and management of 15
654654 covered household hazardous products; and 16
655655 (33) 10 V.S.A. chapter 169, relating to the collection and recycling of 17
656656 waste tires. 18
657657 * * * 19 BILL AS INTRODUCED H.204
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659659
660660
661661 VT LEG #379075 v.1
662662 Sec. 3. 10 V.S.A. § 8503 is amended to read: 1
663663 § 8503. APPLICABILITY 2
664664 (a) This chapter shall govern all appeals of an act or decision of the 3
665665 Secretary, excluding enforcement actions under chapters 201 and 211 of this 4
666666 title and rulemaking, under the following authorities and under the rules 5
667667 adopted under those authorities: 6
668668 (1) The following provisions of this title: 7
669669 * * * 8
670670 (P) chapter 166 (collection and recycling of electronic waste); 9
671671 (Q) chapter 164A (collection and disposal of mercury-containing 10
672672 lamps); 11
673673 * * * 12
674674 (V) chapter 124 (trade in covered animal parts or products); and 13
675675 (W) chapter 164B (collection and management of covered household 14
676676 hazardous products); and 15
677677 (X) chapter 169 (collection and recycling of waste motor vehicle 16
678678 tires). 17
679679 * * * 18 BILL AS INTRODUCED H.204
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681681
682682
683683 VT LEG #379075 v.1
684684 Sec. 4. 24 V.S.A. § 2201 is amended to read: 1
685685 § 2201. THROWING, DEPOSITING, BURNING, AND DUMPING 2
686686 REFUSE; PENALTY; SUMMONS AND COMPLAINT 3
687687 (a)(1) Prohibition. 4
688688 (1) Every person shall be responsible for proper disposal of his or her 5
689689 the person’s own solid waste. A person shall not throw, dump, deposit, or 6
690690 cause or permit to be thrown, dumped, or deposited any solid waste as defined 7
691691 in 10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing in or on 8
692692 lands or waters of the State outside a solid waste management facility certified 9
693693 by the Agency of Natural Resources. 10
694694 (2) There shall be a rebuttable presumption that a person who is 11
695695 identifiable from an examination of illegally disposed solid waste is the person 12
696696 who violated a provision of this section. 13
697697 (3) No person shall burn or cause to be burned in the open or incinerate 14
698698 in any container, furnace, or other device any solid waste without: 15
699699 (A) first having obtained all necessary permits from the Agency of 16
700700 Natural Resources, the District Environmental Commission, and the 17
701701 municipality where the burning is to take place; and 18
702702 (B) complying with all relevant State and local regulations and 19
703703 ordinances. 20 BILL AS INTRODUCED H.204
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705705
706706
707707 VT LEG #379075 v.1
708708 (b) Prosecution of violations. A person who violates a provision of this 1
709709 section commits a civil violation and shall be subject to a civil penalty of not 2
710710 more than $800.00. 3
711711 (1) This violation shall be enforceable in the Judicial Bureau pursuant to 4
712712 the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a 5
713713 municipal attorney, a solid waste management district attorney, an 6
714714 environmental enforcement officer employed by the Agency of Natural 7
715715 Resources, a designee of the legislative body of the municipality, or any duly 8
716716 authorized law enforcement officer. 9
717717 (2) If the throwing, placing, or depositing was done from a snowmobile, 10
718718 vessel, or motor vehicle, except a motor bus, there shall be a rebuttable 11
719719 presumption that the throwing, placing, or depositing was done by the operator 12
720720 of the snowmobile, vessel, or motor vehicle. 13
721721 (3) Nothing in this section shall be construed as affecting the operation 14
722722 of an automobile graveyard or salvage yard as defined in section 2241 of this 15
723723 title, nor shall anything in this section be construed as prohibiting the 16
724724 installation and use of appropriate receptacles for solid waste provided by the 17
725725 State or towns. 18
726726 (c) Roadside cleanup. A person found in violation of this section may be 19
727727 assigned to spend up to 80 hours collecting trash or litter from a specified 20
728728 segment of roadside or from a specified area of public property. 21 BILL AS INTRODUCED H.204
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731731
732732 VT LEG #379075 v.1
733733 (d) Waste tire disposal. A person shall not transfer possession of a waste 1
734734 tire to an unlicensed solid waste hauler for disposal. Violation of this 2
735735 subsection shall be a violation of subsection (a) of this section. 3
736736 (e) Revocation of hunting, fishing, or trapping license. The Commissioner 4
737737 of Fish and Wildlife shall revoke the privilege of a person found in violation of 5
738738 this section from holding a hunting, fishing, or trapping license for a period of 6
739739 one year from the date of the conviction, if the person fails to pay the penalty 7
740740 set forth in subsection (b) of this section. The Bureau shall immediately notify 8
741741 the Commissioner of Fish and Wildlife of the entry of judgment. 9
742742 (f) [Repealed.] 10
743743 (g) Amendment of complaint. A person authorized to enforce this section 11
744744 may amend or dismiss a complaint issued by that person by marking the 12
745745 complaint and returning it to the Judicial Bureau. At the hearing, a person 13
746746 authorized to enforce this section may amend or dismiss a complaint issued by 14
747747 that person, subject to the approval of the hearing judge. 15
748748 (h) [Repealed.] 16
749749 (i) Applicability. Enforcement actions taken under this section shall in no 17
750750 way preclude the Agency of Natural Resources, the Attorney General, or an 18
751751 appropriate State prosecutor from initiating other or further enforcement 19
752752 actions under the civil, administrative, or criminal enforcement provisions of 20
753753 10 V.S.A. chapter 23, 47, 159, 201, or 211. To the extent that enforcement 21 BILL AS INTRODUCED H.204
754754 2025 Page 32 of 32
755755
756756
757757 VT LEG #379075 v.1
758758 under this section is by an environmental enforcement officer employed by the 1
759759 Agency of Natural Resources, enforcement under this section shall preclude 2
760760 other enforcement by the Agency for the same offence. 3
761761 (j) Definitions. As used in this section: 4
762762 (1) “Motor vehicle” shall have has the same meaning as in 23 V.S.A. 5
763763 § 4(21). 6
764764 (2) “Snowmobile” shall have has the same meaning as in 23 V.S.A. 7
765765 § 3801. 8
766766 (3) “Vessel” means motor boats, boats, kayaks, canoes, sailboats, and all 9
767767 other types of watercraft. 10
768768 (4) “Waste tire” means a motor vehicle tire that has been removed from 11
769769 a motor vehicle and is no longer suitable for its original purpose because of 12
770770 wear, tear, damage, defect, or other reason. 13
771771 (5) “Waters” shall have has the same meaning as in 10 V.S.A. 14
772772 § 1251(13). 15
773773 Sec. 5. EFFECTIVE DATE 16
774774 This act shall take effect on passage. 17