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1 H.48
2 Introduced by Representatives Sims of Craftsbury, Page of Newport City,
3 Beck of St. Johnsbury, Campbell of St. Johnsbury, Farlice-
4 Rubio of Barnet, Goldman of Rockingham, Hango of Berkshire,
5 Labor of Morgan, Morris of Springfield, Ode of Burlington,
6 Smith of Derby, Surprenant of Barnard, Templeman of
7 Brownington, and Williams of Granby
8 Referred to Committee on
9 Date:
10 Subject: Conservation and development; solid waste; landfill siting; advisory
11 council; taxation; landfill disposal
12 Statement of purpose of bill as introduced: The bill proposes to establish a
13 Landfill Siting Commission to evaluate and identify a new site for the location
14 and operation of a landfill in the State. This bill also proposes to establish the
15 Vermont Materials Management Council to assist the Secretary of Natural
16 Resources in the long-term management of solid waste in the State. In
17 addition, the bill proposes to ban from landfill disposal in the State landfill
18 leachate, septage, or sludge that is generated by a facility that lacks a
19 certification from the Secretary of Natural Resources or lacks approval from
20 the Secretary of Natural Resources for disposal at a landfill. The bill also
21 proposes to establish a Landfill Closure and Planning Account in the Waste VT LEG #365691 v.1
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1 Management Assistance Fund to be used by the Secretary of Natural Resources
2 to close existing landfills, plan for new landfills, and remediate contamination
3 caused by landfills in the State. The Landfill Closure and Planning Account
4 would be funded by increases on the tax on solid waste facilities and an
5 increase on the tax on hazardous waste.
6 An act relating to solid waste management
7 It is hereby enacted by the General Assembly of the State of Vermont:
8 * * * Findings * * *
9 Sec. 1. FINDINGS
10 The General Assembly finds that:
11 (1) Proper management of solid waste protects public health and the
12 environment and preserves natural resources.
13 (2) The landfill located in Coventry, Vermont, is the only operational
14 landfill located in Vermont, and the Coventry landfill has a projected life span
15 of only 22 additional years.
16 (3) With the limited capacity remaining at the landfill in Coventry, the
17 State should consider how it will meet the need for the long-term capacity of
18 the disposal of solid waste.
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1 (4) Without significant decreases in disposal tonnages in Vermont, there
2 is a need to both reduce waste and plan for future disposal capacity, such as
3 researching feasible sites around the State.
4 (5) Consequently, the State should establish a committee to evaluate and
5 identify disposal alternatives in the State, and the State should establish an
6 advisory committee to advise the Agency of Natural Resources in the long-
7 range planning for and the development of creative, effective solutions to the
8 State’s solid waste management challenges.
9 * * * Landfill Siting Commission * * *
10 Sec. 2. LANDFILL SITING COMMISSION
11 (a) Creation. There is created the Landfill Siting Commission to evaluate
12 and identify a new site for the location and operation of a landfill in the State
13 that is located in a region in proximity to the State’s major population centers.
14 (b) Membership. The Landfill Siting Commission shall be composed of
15 the following members:
16 (1) the Secretary of Natural Resources or designee;
17 (2) a member of the House of Representatives, appointed by the Speaker
18 of the House;
19 (3) a member of the Senate, appointed by the Committee on
20 Committees;
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1 (4) two civil engineers with experience in landfill siting, appointed by
2 the Governor;
3 (5) a geologist with knowledge of Vermont geology, appointed by the
4 Speaker of the House;
5 (6) an expert on the operation of landfills who is not affiliated with
6 Vermont’s solid waste industry, appointed by the Committee on Committees;
7 and
8 (7) an expert on environmental justice, appointed by the Governor.
9 (c) Powers and duties. The Landfill Siting Commission shall evaluate and
10 identify physical sites across the State for the location of a new landfill. In
11 evaluating potential sites for location of a new landfill in the State, the Landfill
12 Siting Commission shall select sites that:
13 (1) are centrally located in the State in order to reduce costs of the
14 transport and disposition of waste;
15 (2) will not pose a risk of harm to the environment, natural resources, or
16 public health due to proximity to a surface water, drinking water sources, or
17 other exposure;
18 (3) will not pose a threat of contamination to natural resources or the
19 environment from landfill leachate or other contamination;
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1 (4) will be aesthetically appropriate for the location and where the siting
2 of a landfill will not significantly affect the aesthetics of the municipality or
3 region in which the site is located; and
4 (5) will not be located in an area disproportionally populated by an
5 environmental justice focus population, as that term is defined in 3 V.S.A.
6 § 6002(4).
7 (d) Assistance. The Landfill Siting Commission shall have the
8 administrative, technical, and legal assistance of the Agency of Natural
9 Resources.
10 (e) Report; initiation of site. On or before January 15, 2024, the Landfill
11 Siting Commission shall recommend at least two sites that could serve as the
12 site for a new landfill in the State or shall recommend whether it is more cost
13 effective to the economy and natural resources of the State to transport waste
14 out of the State for disposition. The Landfill Siting Commission shall submit
15 its recommendations and the basis for those recommendations to the Governor
16 and the House Committee on Environment and Energy and the Senate
17 Committee on Natural Resources and Energy. Upon receipt by the Governor
18 of a recommendation of the Landfill Siting Commission to site a new landfill
19 in the State, the Secretary of Natural Resources shall initiate site review,
20 design, and land acquisition in order to construct a new landfill on one of the
21 sites recommended by the Landfill Siting Commission.
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1 (f) Meetings.
2 (1) The Secretary of Natural Resources shall call the first meeting of the
3 Landfill Siting Commission to occur on or before May 1, 2023.
4 (2) The Commission shall select a chair from among its members at the
5 first meeting.
6 (3) A majority of the membership of the Commission shall constitute a
7 quorum.
8 (4) The Landfill Siting Commission shall cease to exist on February 1,
9 2024.
10 (g) Compensation and reimbursement.
11 (1) For attendance at meetings during adjournment of the General
12 Assembly, a legislative member of the Landfill Siting Commission shall be
13 entitled to per diem compensation and reimbursement of expenses pursuant to
14 2 V.S.A. § 23 for not more than 10 meetings.
15 (2) Other members of the Landfill Siting Commission shall be entitled
16 to per diem compensation and reimbursement of expenses as permitted under
17 32 V.S.A. § 1010 for not more than 10 meetings.
18 (3) Notwithstanding the requirements under 10 V.S.A. § 6618 that the
19 Landfill Closure and Planning Account of the Waste Management Assistance
20 Fund shall be used only for the purposes of that account, in fiscal year 2024,
21 funds in the Landfill Closure and Planning Account shall be used by the VT LEG #365691 v.1
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1 Landfill Siting Commission to fulfill the requirements of this section and to
2 pay compensation and reimbursement of expenses under this subsection.
3 * * * Vermont Materials Management Council * * *
4 Sec. 3. 10 V.S.A. § 6603a is added to read:
5 § 6603a. VERMONT MATERIALS MANAGEMENT COUNCIL
6 (a) Creation. There is created the Vermont Materials Management Council
7 to assist the Secretary of Natural Resources in the long-range planning for and
8 the development of creative, effective solutions to the State’s solid waste
9 management challenges.
10 (b) Membership. The Vermont Materials Management Council shall be
11 composed of the following members:
12 (1) the Secretary of Natural Resources or designee;
13 (2) one member of the Vermont Solid Waste District Managers
14 Association, appointed by the Chair of the Association;
15 (3) one member representing owners of landfills in the State, appointed
16 by the Committee on Committees;
17 (4) one member representing solid waste haulers in Vermont that do not
18 operate a landfill, appointed by the Speaker of the House;
19 (5) one member representing companies that reprocess postconsumer
20 waste into products for sale or for reuse, appointed by the Committee on
21 Committees;
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1 (6) one member representing a municipality, to be appointed by the
2 Vermont League of Cities and Towns;
3 (7) one member representing the Vermont health care industry,
4 appointed by the Vermont Association of Hospitals and Health Systems;
5 (8) one member representing the Northeast Recycling Council,
6 appointed by that Council;
7 (9) one member with expertise in solid waste–related sustainability
8 issues, appointed the Speaker of the House;
9 (10) the Secretary of Commerce and Community Development or
10 designee;
11 (11) one member representing a statewide environmental organization,
12 appointed by the Committee on Committees;
13 (12) the Executive Director of Racial Equity or designee; and
14 (13) one member who resides in a census block group that is designated
15 as an environmental justice focus population, appointed by the Speaker of the
16 House.
17 (c) Powers and duties. The Vermont Materials Management Council shall:
18 (1) establish goals, strategies, and actions necessary to maintain and
19 ensure adequate disposal capacity for management of waste generated in
20 Vermont, including assessing estimated landfill capacity, remaining landfill
21 life, and related landfill closure and post-closure costs;
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1 (2) review and make recommendations to the General Assembly and the
2 Secretary of Natural Resources for changes to the State’s existing solid waste
3 reduction, recycling, and management policies, programs, goals, and
4 initiatives;
5 (3) review and make recommendations to the General Assembly and the
6 Secretary of Natural Resources regarding the impact of regional solid waste
7 management initiatives, including landfill waste disposal bans, on Vermont
8 and the solid waste disposal landfill capacity in Vermont;
9 (4) advise the Secretary of Natural Resources in the development of the
10 State solid waste management plan and solid waste reduction goals;
11 (5) review and recommend methods to the General Assembly and the
12 Secretary of Natural Resources on how to better provide technical assistance
13 and educational outreach to municipalities, schools, businesses, and the public
14 regarding solid waste reduction, recycling, and management policies;
15 (6) review other matters as the Vermont Materials Management Council
16 deems necessary and recommend any related legislation, policy, or rule
17 changes; and
18 (7) evaluate whether a segment of the population of the State is bearing
19 a disproportionate share of the environmental burdens of solid waste
20 management in the State or is being denied an equitable share of the
21 environmental benefit of solid waste management in the State and recommend VT LEG #365691 v.1
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1 to the General Assembly and the Secretary of Natural Resources how to
2 identify, reduce, and eliminate environmental health disparities caused by solid
3 waste management in the State.
4 (d) Assistance. The Vermont Materials Management Council shall be
5 staffed by the Agency of Natural Resources for all administrative, technical,
6 and legal needs.
7 (e) Terms. The members of the Vermont Materials Management Council
8 shall serve for terms of three years, provided that the members first appointed
9 by the Committee on Committees shall serve a term of two years. All
10 appointees shall serve until their successors are appointed.
11 (f) Report. Beginning on January 15, 2024 and annually thereafter, the
12 Vermont Materials Management Council shall report to the House Committee
13 on Environment and Energy and the Senate Committee on Natural Resources
14 and Energy in writing or through testimony with a summary of the activities of
15 the Council in the previous year and any recommendations for legislative or
16 policy changes regarding the management of solid waste in the State.
17 (g) Meetings.
18 (1) The Secretary of Natural Resources shall call the first meeting of the
19 Vermont Materials Management Council. The Council shall meet at least four
20 times annually.
21 (2) The Secretary of Natural Resources or designee shall be the Chair.
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1 (3) A majority of the membership shall constitute a quorum.
2 (h) Compensation and reimbursement; expenses.
3 (1) For attendance at meetings during adjournment of the General
4 Assembly, a legislative member of the Vermont Materials Management
5 Council shall be entitled to per diem compensation and reimbursement of
6 expenses pursuant to 2 V.S.A. § 23. These payments shall be made from
7 monies appropriated to the General Assembly.
8 (2) Other members of the Vermont Materials Management Council shall
9 be entitled to per diem compensation and reimbursement of expenses as
10 permitted under 32 V.S.A. § 1010.
11 (3) Payments to nonlegislative members of the Vermont Materials
12 Management Council and any expenses incurred by the Council shall be paid
13 from those funds allocated to the Agency of Natural Resources under
14 subdivision 6618(b)(6) of this title for the costs of administering solid waste
15 management functions in the State.
16 * * * Landfill Disposal; Landfill Leachate, Septage, or Sludge * * *
17 Sec. 4. 10 V.S.A. § 6621a is amended to read:
18 § 6621a. LANDFILL DISPOSAL REQUIREMENTS
19 (a) In accordance with the following schedule, no person shall knowingly
20 dispose of the following materials in solid waste or in landfills:
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1 (1) Lead-acid batteries, after July 1, 1990.
2 (2) Waste oil, after July 1, 1990.
3 (3) White goods, after January 1, 1991. “White goods” include
4 discarded refrigerators, washing machines, clothes dryers, ranges, water
5 heaters, dishwashers, and freezers. Other similar domestic and commercial
6 large appliances may be added, as identified by rule of the Secretary.
7 (4) Tires, after January 1, 1992.
8 (5) Paint (whether water based or oil based), paint thinner, paint