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1 S.273
2 Introduced by Senator White
3 Referred to Committee on
4 Date:
5 Subject: Conservation and development; solid waste; extended producer
6 responsibility; motor vehicle tires
7 Statement of purpose of bill as introduced: This bill proposes to establish an
8 extended producer responsibility program for waste motor vehicle tires.
9 An act relating to the collection and recycling of waste motor vehicle tires
10 It is hereby enacted by the General Assembly of the State of Vermont:
11 Sec. 1. 10 V.S.A. chapter 169 is added to read:
12 CHAPTER 169. COLLECTION AND RECYCLING
13 OF WASTE MOTOR VEHICLE TIRES
14 Subchapter 1. Definitions
15 § 7601. DEFINITIONS
16 As used in this chapter:
17 (1) “Agency” means the Agency of Natural Resources.
18 (2) “Brand” means a name, symbol, word, or traceable mark
19 that identifies a motor vehicle tire and attributes the motor vehicle tire to the
20 owner or licensee of the brand as the manufacturer.
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1 (3) “Collection rate” means a percentage of the number of waste tires
2 that each manufacturer or waste tire stewardship organization collects by an
3 established date. The collection rate is calculated by dividing the total number
4 of the waste tires that are collected during a calendar year by the average
5 number of motor vehicle tires that were estimated to have been sold in the
6 State by participating manufacturers during the previous three calendar years.
7 Estimates of motor vehicle tires sold in the State may be based on a reasonable
8 pro rata calculation based on national sales.
9 (4) “Covered entity” means any person who presents or delivers any
10 number of waste tires to a collection facility that is included in an approved
11 waste tire stewardship plan.
12 (5) “Legacy waste tire pile” means an accumulation of 50 or more waste
13 tires, whether or not they are lying upon another, that:
14 (A) is located on a parcel of real property, other than a parcel used by
15 a person engaged in farming, as that term is defined in section 6001 of this
16 title, when the person engaged in farming has sliced the tires to prevent the
17 holding of water and the sliced tires are currently in use annually for the
18 practice of holding down silage bunkers; and
19 (B) is not enclosed by a building.
20 (6) “Manufacturer” means a person who:
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1 (A) manufactures or manufactured a motor vehicle tire under its own
2 brand or label for sale in the State;
3 (B) sells in the State under its own brand or label a motor vehicle tire
4 produced by another supplier;
5 (C) owns a brand that it licenses or licensed to another person for use
6 on a motor vehicle tire sold in the State;
7 (D) imports into the United States for sale in the State a motor
8 vehicle tire manufactured by a person without a presence in the United States;
9 (E) manufactures a motor vehicle tire for sale in the State without
10 affixing a brand name; or
11 (F) assumes the responsibilities, obligations, and liabilities of a
12 manufacturer as defined under subdivisions (A) through (E) of this subdivision
13 (6), provided that the Secretary may enforce the requirements of this chapter
14 against a manufacturer defined under subdivisions (A) through (E) of this
15 subdivision (6) if a person who assumes the manufacturer’s responsibilities
16 fails to comply with the requirements of this chapter.
17 (7) “Motorized electric powered bicycle or tricycle” means a bicycle or
18 tricycle that is equipped with an assistance motor that has a maximum piston
19 displacement of 48 cubic centimeters or less, that may also be self-propelled,
20 and that is operated at speeds of less than 20 miles per hour.
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1 (8) “Motor vehicle” means all vehicles operated in the State that are
2 propelled or drawn by power other than muscular power.
3 (A) “Motor vehicle” includes:
4 (i) “all-terrain vehicles,” which has the same meaning as in
5 23 V.S.A. § 3501(1);
6 (ii) “motorcycles,” which has the same meaning as in 23 V.S.A.
7 § 4(18);
8 (iii) farm tractors and farm trailers; and
9 (iv) “motor-driven cycles,” which has the same meaning as in
10 23 V.S.A. § 4(45)(A).
11 (B) “Motor vehicle” does not mean:
12 (i) an “electric personal assistive mobility device,” which has the
13 same meaning as in 23 V.S.A. § 4(66);
14 (ii) an “electric bicycle,” which has the same meaning as in
15 23 V.S.A. § 4(46)(A);
16 (iii) a “motor-assisted bicycle,” which has the same meaning as in
17 23 V.S.A. § 4(45)(B)(i), or a motor-assisted bicycle that has been modified to
18 meet the physical needs or abilities of the operator or a passenger;
19 (iv) an “adaptive electric cycle,” which has the same meaning as
20 in 19 V.S.A. § 2901;
21 (v) a lawn mower; or VT LEG #372051 v.1
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1 (vi) a specialized construction vehicle, such as motorized highway
2 building equipment, a road-making appliance, a tracked vehicle, and an aircraft
3 pushback tractor.
4 (9) “Motor vehicle tire” means a tire designed for on-road use on a
5 motor vehicle.
6 (10) “Retailer” means a person who sells a motor vehicle tire to a person
7 in the State through any means, including a sales outlet, a catalogue, the
8 telephone, the internet, or any electronic means.
9 (11) “Secretary” means the Secretary of Natural Resources.
10 (12) “Sell” or “sale” means any transfer to a person for consideration of
11 title or of the right of a person to use by lease or sales contract a motor vehicle
12 tire in the State of Vermont. “Sell” or “sale” does not include the sale, resale,
13 lease, or transfer of a used motor vehicle tire or a manufacturer’s or a
14 distributor’s wholesale transaction with a distributor or a retailer.
15 (13) “Tire” means a continuous solid or pneumatic rubber covering
16 encircling the wheel of a motor vehicle.
17 (14) “Waste tire” means a motor vehicle tire that has been removed
18 from a motor vehicle and is no longer suitable for its original purpose because
19 of wear, tear, damage, defect, or other reason.
20 (15) “Waste tire stewardship organization” or “stewardship
21 organization” means an organization appointed by one or more manufacturers VT LEG #372051 v.1
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1 to act as an agency on behalf of a manufacturer or manufacturers to design,
2 submit, implement, and administer a waste tire stewardship plan under this
3 chapter.
4 Subchapter 2. Waste Tire Stewardship Program
5 § 7604. SALE OF MOTOR VEHICLE TIRES; STEWARDSHIP
6 ORGANIZATION REGISTRATION
7 Sale prohibited. Beginning on January 1, 2026, except as set forth under
8 section 7609 of this title, a manufacturer of a motor vehicle tire shall not sell,
9 offer for sale, or deliver to a retailer for subsequent sale a motor vehicle tire
10 unless all the following have been met:
11 (1) The manufacturer is:
12 (A) implementing an approved waste tire stewardship plan; or
13 (B) participating in a waste tire stewardship organization that is
14 registered with the Secretary and that is implementing an approved waste tire
15 stewardship plan.
16 (2) The manufacturer or waste tire stewardship organization has paid the
17 fee under section 7620 of this title.
18 (3) The name of the manufacturer and the manufacturer’s brands are
19 designated on the Agency website as covered by an approved waste tire
20 stewardship plan.
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1 § 7605. REGISTRATION OF MANUFACTURER OR WASTE TIRE
2 STEWARDSHIP ORGANIZATION
3 (a) Manufacturer registration requirements. On or before July 1, 2025, and
4 annually thereafter, a manufacturer of motor vehicle tires sold or offered for
5 sale in the State shall register with the Secretary.
6 (b) Waste tire stewardship organization registration. A manufacturer of
7 motor vehicle tires may meet the requirements of this chapter by participating
8 in a waste tire stewardship organization that registers with the Secretary on or
9 before July 1, 2025, and annually thereafter, and that meets the requirements of
10 section 7606 of this title.
11 (c) Registration form. The Secretary shall provide the registration form to
12 the manufacturer or waste tire stewardship organization. The registration form
13 shall include:
14 (1) for a manufacturer registering independently:
15 (A) a list of the manufacturer’s brands offered for sale in the
16 State; and
17 (B) the name, address, and contact information of a person
18 responsible for ensuring the manufacturer’s compliance with this chapter; and
19 (2) for a waste tire stewardship organization:
20 (A) a list of the manufacturers participating in the waste tire
21 stewardship organization;
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1 (B) the name, address, and contact information of a person
2 responsible for ensuring each participating manufacturer’s compliance with
3 this chapter;
4 (C) a description of how the waste tire stewardship organization
5 meets the requirements of sections 7604, 7607, and 7608 of this title for
6 manufacturers, including any reasonable requirements for participation in the
7 waste tire stewardship organization; and
8 (D) the name, address, and contact information of a person whom a
9 nonmember manufacturer can contact regarding how to participate in the waste
10 tire stewardship organization as a method of satisfying the requirements of this
11 chapter.
12 (d) Renewal of registration. A manufacturer or waste tire stewardship
13 organization may renew a registration without changes by notifying the
14 Agency of Natural Resources on a form provided by the Secretary.
15 § 7606. WASTE TIRE STEWARDSHIP ORGANIZATIONS;
16 REQUIREMENTS
17 Qualifications for a waste tire stewardship organization. To qualify as a
18 waste tire stewardship organization under this chapter, a stewardship
19 organization shall:
20 (1) commit to assume the responsibilities, obligations, and liabilities of
21 the manufacturers participating in the waste tire stewardship organization;
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1 (2) not create unreasonable barriers for participation by manufacturers in
2 the waste tire stewardship organization;
3 (3) maintain a public website that lists all manufacturers and
4 manufacturers’ brands covered by the waste tire stewardship organization’s
5 approved waste tire stewardship plan; and
6 (4) register with the Secretary as required under section 7605 of
7 this title.
8 § 7607. WASTE TIRE STEWARDSHIP PLANS
9 (a) Stewardship plan required. On or before October 1, 2025, each
10 manufacturer selling, offering for sale, distributing, or offering for promotional
11 purposes a motor vehicle tire in the State shall individually or as part of a
12 waste tire stewardship organization submit a waste tire stewardship plan to the
13 Secretary for review.
14 (b) Waste tire stewardship plan; minimum requirements. Each waste tire
15 stewardship plan shall include, at a minimum, all of the following elements:
16 (1) List of manufacturers and brands. Each waste tire stewardship plan
17 shall list:
18 (A) all participating manufacturers and contact information for each
19 of the participating manufacturers; and
20 (B) the brands of motor vehicle tires covered by the stewardship plan.
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1 (2) Free collection of waste tires. Each waste tire stewardship plan shall
2 provide for the collection of waste tires from covered entities at no cost to
3 covered entities. A manufacturer shall not refuse the collection of a waste tire
4 based on the brand or manufacturer of the motor vehicle tire.
5 (3) Convenient collection location. Each waste tire stewardship
6 plan shall:
7 (A) Provide for notification of all retailers of an opportunity to
8 participate at no cost as a collection location under the plan.
9 (B) Allow all retailers who meet requirements specified in the plan,
10 all municipalities, and all certified solid waste management facilities to opt to
11 be a collection facility under the plan at no cost to the retailer, municipality, or
12 certified solid waste management facility.
13 (C) Provide, at a minimum, in each county of the State not fewer than
14 two collection facilities that provide for the collection of waste tires throughout
15 the year. All collection facilities shall be specified in the plan.
16 (D) Provide for the acceptance from a covered entity of up to 12
17 waste tires per visit. A collection facility may agree to accept more than 12
18 waste tires per visit.
19 (4) Legacy waste tire pile response. Each waste tire stewardship plan
20 shall include a proposed method of collecting tires from or eliminating legacy VT LEG #372051 v.1
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1 waste tire piles in the State. Proposed methods may include financial
2 payments to property owners, bounties on collection, or other incentives.
3 (5) Collection rate. Each waste tire stewardship plan shall include a
4 collection rate performance goal approved by the Secretary. In the first year of
5 the plan, manufacturers shall have a collection rate performance goal of 50
6 percent of the participating manufacturer’s motor vehicle tires sold, by unit, in
7 the State in the previous calendar year.
8 (6) Method of disposition. Each waste tire stewardship plan shall
9 include a description of the method that will be used to manage waste tires
10 responsibly. A manufacturer or waste tire stewardship organization shall
11 recycle or reuse at least 50 percent of collected waste tires, provided that use of
12 waste tires as tire-derived fuel shall not be considered reuse or recycling.
13 (7) Education and outreach. Each waste tire stewardship plan shall
14 include an education and outreach program that may include media
15 advertising, retail displays, articles in publications, and other public
16 educational efforts. At a minimum, the education and outreach program shall
17 notify the public of the following:
18 (A) that there is a free collection program for waste tires;
19 (B) the location of collection points for waste tires and how a covered
20 entity can access the collection program; and VT LEG #372051 v.1
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1 (C) the opportunity of retailers, manufacturers, and certified solid
2 waste management facilities to participate in waste tire stewardship plan at no
3 cost.
4 (8) Compliance with appropriate environmental standards. In
5 implementing a waste tire stewardship plan, a manufacturer shall comply with
6 all applicable laws related to the collection, transportation, and disposal of
7 waste tires.
8 (9) Reimbursement. A waste tire stewardship plan shall include
9 a reimbursement procedure that is consistent with the require