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1 H.628
2 Introduced by Representatives Sims of Craftsbury, Anthony of Barre City,
3 Christie of Hartford, Cole of Hartford, Farlice-Rubio of Barnet,
4 Garofano of Essex, Howard of Rutland City, Hyman of South
5 Burlington, LaBounty of Lyndon, Masland of Thetford, Nugent
6 of South Burlington, Ode of Burlington, Priestley of Bradford,
7 Rice of Dorset, Satcowitz of Randolph, Stebbins of Burlington,
8 and Templeman of Brownington
9 Referred to Committee on
10 Date:
11 Subject: Conservation and development; solid waste; extended producer
12 responsibility; motor vehicle tires
13 Statement of purpose of bill as introduced: This bill proposes to establish an
14 extended producer responsibility program for waste motor vehicle tires.
15 An act relating to the collection and recycling of waste motor vehicle tires
16 It is hereby enacted by the General Assembly of the State of Vermont:
17 Sec. 1. 10 V.S.A. chapter 169 is added to read:
18 CHAPTER 169. COLLECTION AND RECYCLING
19 OF WASTE MOTOR VEHICLE TIRES
20 Subchapter 1. Definitions VT LEG #371956 v.1
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1 § 7601. DEFINITIONS
2 As used in this chapter:
3 (1) “Agency” means the Agency of Natural Resources.
4 (2) “Brand” means a name, symbol, word, or traceable mark
5 that identifies a motor vehicle tire and attributes the motor vehicle tire to the
6 owner or licensee of the brand as the manufacturer.
7 (3) “Collection rate” means a percentage of the number of waste tires
8 that each manufacturer or waste tire stewardship organization collects by an
9 established date. The collection rate is calculated by dividing the total number
10 of the waste tires that are collected during a calendar year by the average
11 number of motor vehicle tires that were estimated to have been sold in the
12 State by participating manufacturers during the previous three calendar years.
13 Estimates of motor vehicle tires sold in the State may be based on a reasonable
14 pro rata calculation based on national sales.
15 (4) “Covered entity” means any person who presents or delivers any
16 number of waste tires to a collection facility that is included in an approved
17 waste tire stewardship plan.
18 (5) “Legacy waste tire pile” means an accumulation of 50 or more waste
19 tires, whether or not they are lying upon another, that:
20 (A) is located on a parcel of real property, other than a parcel used by
21 a person engaged in farming, as that term is defined in section 6001 of this VT LEG #371956 v.1
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1 title, when the person engaged in farming has sliced the tires to prevent the
2 holding of water and the sliced tires are currently in use annually for the
3 practice of holding down silage bunkers; and
4 (B) is not enclosed by a building.
5 (6) “Manufacturer” means a person who:
6 (A) manufactures or manufactured a motor vehicle tire under its own
7 brand or label for sale in the State;
8 (B) sells in the State under its own brand or label a motor vehicle tire
9 produced by another supplier;
10 (C) owns a brand that it licenses or licensed to another person for use
11 on a motor vehicle tire sold in the State;
12 (D) imports into the United States for sale in the State a motor
13 vehicle tire manufactured by a person without a presence in the United States;
14 (E) manufactures a motor vehicle tire for sale in the State without
15 affixing a brand name; or
16 (F) assumes the responsibilities, obligations, and liabilities of a
17 manufacturer as defined under subdivisions (A) through (E) of this subdivision
18 (6), provided that the Secretary may enforce the requirements of this chapter
19 against a manufacturer defined under subdivisions (A) through (E) of this
20 subdivision (6) if a person who assumes the manufacturer’s responsibilities
21 fails to comply with the requirements of this chapter.
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1 (7) “Motorized electric powered bicycle or tricycle” means a bicycle or
2 tricycle that is equipped with an assistance motor that has a maximum piston
3 displacement of 48 cubic centimeters or less, that may also be self-propelled,
4 and that is operated at speeds of less than 20 miles per hour.
5 (8) “Motor vehicle” means all vehicles operated in the State that are
6 propelled or drawn by power other than muscular power.
7 (A) “Motor vehicle” includes:
8 (i) “all-terrain vehicles,” which has the same meaning as in
9 23 V.S.A. § 3501(1);
10 (ii) “motorcycles,” which has the same meaning as in 23 V.S.A.
11 § 4(18);
12 (iii) farm tractors and farm trailers; and
13 (iv) “motor-driven cycles,” which has the same meaning as in
14 23 V.S.A. § 4(45)(A).
15 (B) “Motor vehicle” does not mean:
16 (i) an “electric personal assistive mobility device,” which has the
17 same meaning as in 23 V.S.A. § 4(66);
18 (ii) an “electric bicycle,” which has the same meaning as in
19 23 V.S.A. §4 (46)(A);
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1 (iii) a “motor-assisted bicycle,” which has the same meaning as in
2 23 V.S.A. § 4(45)(B)(i), or a motor-assisted bicycle that has been modified to
3 meet the physical needs or abilities of the operator or a passenger;
4 (iv) an “adaptive electric cycle,” which has the same meaning as
5 in 19 V.S.A. § 2901;
6 (v) a lawn mower; or
7 (vi) a specialized construction vehicle, such as motorized highway
8 building equipment, a road-making appliance, a tracked vehicle, and an aircraft
9 pushback tractor.
10 (9) “Motor vehicle tire” means a tire designed for on-road use on a
11 motor vehicle.
12 (10) “Retailer” means a person who sells a motor vehicle tire to a person
13 in the State through any means, including a sales outlet, a catalogue, the
14 telephone, the internet, or any electronic means.
15 (11) “Secretary” means the Secretary of Natural Resources.
16 (12) “Sell” or “sale” means any transfer to a person for consideration of
17 title or of the right of a person to use by lease or sales contract a motor vehicle
18 tire in the State of Vermont. “Sell” or “sale” does not include the sale, resale,
19 lease, or transfer of a used motor vehicle tire or a manufacturer’s or a
20 distributor’s wholesale transaction with a distributor or a retailer.
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1 (13) “Tire” means a continuous solid or pneumatic rubber covering
2 encircling the wheel of a motor vehicle.
3 (14) “Waste tire” means a motor vehicle tire that has been removed
4 from a motor vehicle and is no longer suitable for its original purpose because
5 of wear, tear, damage, defect, or other reason.
6 (15) “Waste tire stewardship organization” or “stewardship
7 organization” means an organization appointed by one or more manufacturers
8 to act as an agency on behalf of a manufacturer or manufacturers to design,
9 submit, implement, and administer a waste tire stewardship plan under this
10 chapter.
11 Subchapter 2. Waste Tire Stewardship Program
12 § 7604. SALE OF MOTOR VEHICLE TIRES; STEWARDSHIP
13 ORGANIZATION REGISTRATION
14 Sale prohibited. Beginning on January 1, 2026, except as set forth under
15 section 7609 of this title, a manufacturer of a motor vehicle tire shall not sell,
16 offer for sale, or deliver to a retailer for subsequent sale a motor vehicle tire
17 unless all the following have been met:
18 (1) The manufacturer is:
19 (A) implementing an approved waste tire stewardship plan; or VT LEG #371956 v.1
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1 (B) participating in a waste tire stewardship organization that is
2 registered with the Secretary and that is implementing an approved waste tire
3 stewardship plan.
4 (2) The manufacturer or waste tire stewardship organization has paid the
5 fee under section 7620 of this title.
6 (3) The name of the manufacturer and the manufacturer’s brands are
7 designated on the Agency website as covered by an approved waste tire
8 stewardship plan.
9 § 7605. REGISTRATION OF MANUFACTURER OR WASTE TIRE
10 STEWARDSHIP ORGANIZATION
11 (a) Manufacturer registration requirements. On or before July 1, 2025, and
12 annually thereafter, a manufacturer of motor vehicle tires sold or offered for
13 sale in the State shall register with the Secretary.
14 (b) Waste tire stewardship organization registration. A manufacturer of
15 motor vehicle tires may meet the requirements of this chapter by participating
16 in a waste tire stewardship organization that registers with the Secretary on or
17 before July 1, 2025, and annually thereafter, and that meets the requirements of
18 section 7606 of this title.
19 (c) Registration form. The Secretary shall provide the registration form to
20 the manufacturer or waste tire stewardship organization. The registration form
21 shall include:
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1 (1) for a manufacturer registering independently:
2 (A) a list of the manufacturer’s brands offered for sale in the
3 State; and
4 (B) the name, address, and contact information of a person
5 responsible for ensuring the manufacturer’s compliance with this chapter; and
6 (2) for a waste tire stewardship organization:
7 (A) a list of the manufacturers participating in the waste tire
8 stewardship organization;
9 (B) the name, address, and contact information of a person
10 responsible for ensuring each participating manufacturer’s compliance with
11 this chapter;
12 (C) a description of how the waste tire stewardship organization
13 meets the requirements of sections 7604, 7607, and 7608 of this title for
14 manufacturers, including any reasonable requirements for participation in the
15 waste tire stewardship organization; and
16 (D) the name, address, and contact information of a person whom a
17 nonmember manufacturer can contact regarding how to participate in the waste
18 tire stewardship organization as a method of satisfying the requirements of this
19 chapter.
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1 (d) Renewal of registration. A manufacturer or waste tire stewardship
2 organization may renew a registration without changes by notifying the
3 Agency of Natural Resources on a form provided by the Secretary.
4 § 7606. WASTE TIRE STEWARDSHIP ORGANIZATIONS;
5 REQUIREMENTS
6 Qualifications for a waste tire stewardship organization. To qualify as a
7 waste tire stewardship organization under this chapter, a stewardship
8 organization shall:
9 (1) commit to assume the responsibilities, obligations, and liabilities of
10 the manufacturers participating in the waste tire stewardship organization;
11 (2) not create unreasonable barriers for participation by manufacturers in
12 the waste tire stewardship organization;
13 (3) maintain a public website that lists all manufacturers and
14 manufacturers’ brands covered by the waste tire stewardship organization’s
15 approved waste tire stewardship plan; and
16 (4) register with the Secretary as required under section 7605 of
17 this title.
18 § 7607. WASTE TIRE STEWARDSHIP PLANS
19 (a) Stewardship plan required. On or before October 1, 2025, each
20 manufacturer selling, offering for sale, distributing, or offering for promotional
21 purposes a motor vehicle tire in the State shall individually or as part of a VT LEG #371956 v.1
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1 waste tire stewardship organization submit a waste tire stewardship plan to the
2 Secretary for review.
3 (b) Waste tire stewardship plan; minimum requirements. Each waste tire
4 stewardship plan shall include, at a minimum, all of the following elements:
5 (1) List of manufacturers and brands. Each waste tire stewardship plan
6 shall list:
7 (A) all participating manufacturers and contact information for each
8 of the participating manufacturers; and
9 (B) the brands of motor vehicle tires covered by the stewardship plan.
10 (2) Free collection of waste tires. Each waste tire stewardship plan shall
11 provide for the collection of waste tires from covered entities at no cost to
12 covered entities. A manufacturer shall not refuse the collection of a waste tire
13 based on the brand or manufacturer of the motor vehicle tire.
14 (3) Convenient collection location. Each waste tire stewardship
15 plan shall:
16 (A) Provide for notification of all retailers of an opportunity to
17 participate at no cost as a collection location under the plan.
18 (B) Allow all retailers who meet requirements specified in the plan,
19 all municipalities, and all certified solid waste management facilities to opt to
20 be a collection facility under the plan at no cost to the retailer, municipality, or
21 certified solid waste management facility.
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1 (C) Provide, at a minimum, in each county of the State not fewer than
2 two collection facilities that provide for the collection of waste tires throughout
3 the year. All collection facilities shall be specified in the plan.
4 (D) Provide for the acceptance from a covered entity of up to 12
5 waste tires per visit. A collection facility may agree to accept more than 12
6 waste tires per visit.
7 (4) Legacy waste tire pile response. Each waste tire stewardship plan
8 shall include a proposed method of collecting tires from or eliminating legacy
9 waste tire piles in the State. Proposed methods may include financial
10 payments to property owners, bounties on collection, or other incentives.
11 (5) Collection rate. Each waste tire stewardship plan shall include a
12 collection rate performance goal approved by the Secretary. In the first year of
13 the plan, manufacturers shall have a collection rate performance goal of 50
14 percent of the participating manufacturer’s motor vehicle tires sold, by unit, in
15 the State in the previous calendar year.
16 (6) Method of disposition. Each waste tire stewardship plan shall
17 include a description of the method that will be used to manage waste tires
18 responsibly. A manufacturer or waste tire stewardship organization shall
19 recycle or reuse at least 50 percent of collected waste tires, provided that use of
20 waste tires as tire-derived fuel shall not be considered reuse or recycling.
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1 (7) Education and outreach. Each waste tire stewardship plan shall
2 include an education and outreach program that may include media
3 advertising, retail displays, articles in publications, and other public
4 educational efforts. At a minimum, the education and outreach program shall
5 notify the public of the following:
6 (A) that there is a free collection program for waste tires;
7 (B) the location of collection points for waste tires and how a covered
8 entity can access the collection program; and
9 (C) the opportunity of retailers, manufacturers, and certified solid
10 wast