Vermont H 204: An act relating to miscellaneous provisions affecting navigators, Medicaid records, and the Department of Vermont Health Access

Bill Text

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VT LEG #379075 v.1
H.204 1
Introduced by Representatives Taylor of Milton and Harple of Glover 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; solid waste; extended producer 5
responsibility; motor vehicle tires 6
Statement of purpose of bill as introduced: This bill proposes to establish an 7
extended producer responsibility program for waste motor vehicle tires. 8
An act relating to the collection and recycling of waste motor vehicle tires 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 10 V.S.A. chapter 169 is added to read: 11
CHAPTER 169. COLLECTION AND RECYCLING 12
OF WASTE MOTOR VEHICLE TIRES 13
Subchapter 1. Definitions 14
§ 7601. DEFINITIONS 15
As used in this chapter: 16
(1) “Agency” means the Agency of Natural Resources. 17
(2) “Brand” means a name, symbol, word, or traceable mark 18
that identifies a motor vehicle tire and attributes the motor vehicle tire to the 19
owner or licensee of the brand as the manufacturer. 20

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VT LEG #379075 v.1
(3) “Collection rate” means a percentage of the number of waste tires 1
that each manufacturer or waste tire stewardship organization collects by an 2
established date. The collection rate is calculated by dividing the total number 3
of the waste tires that are collected during a calendar year by the average 4
number of motor vehicle tires that were estimated to have been sold in the 5
State by participating manufacturers during the previous three calendar years. 6
Estimates of motor vehicle tires sold in the State may be based on a reasonable 7
pro rata calculation based on national sales. 8
(4) “Covered entity” means any person who presents or delivers any 9
number of waste tires to a collection facility that is included in an approved 10
waste tire stewardship plan. 11
(5) “Legacy waste tire pile” means an accumulation of 50 or more waste 12
tires, whether or not they are lying upon another, that: 13
(A) is located on a parcel of real property, other than a parcel used by 14
a person engaged in farming, as that term is defined in section 6001 of this 15
title, when the person engaged in farming has sliced the tires to prevent the 16
holding of water and the sliced tires are currently in use annually for the 17
practice of holding down silage bunkers; and 18
(B) is not enclosed by a building. 19
(6) “Manufacturer” means a person who: 20

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(A) manufactures or manufactured a motor vehicle tire under the 1
person’s own brand or label for sale in the State; 2
(B) sells in the State under its own brand or label a motor vehicle tire 3
produced by another supplier; 4
(C) owns a brand that the person licenses or licensed to another 5
person for use on a motor vehicle tire sold in the State; 6
(D) imports into the United States for sale in the State a motor 7
vehicle tire manufactured by a person without a presence in the United States; 8
(E) manufactures a motor vehicle tire for sale in the State without 9
affixing a brand name; or 10
(F) assumes the responsibilities, obligations, and liabilities of a 11
manufacturer as defined under subdivisions (A) through (E) of this subdivision 12
(6), provided that the Secretary may enforce the requirements of this chapter 13
against a manufacturer defined under subdivisions (A) through (E) of this 14
subdivision (6) if a person who assumes the manufacturer’s responsibilities 15
fails to comply with the requirements of this chapter. 16
(7) “Motorized electric powered bicycle or tricycle” means a bicycle or 17
tricycle that is equipped with an assistance motor that has a maximum piston 18
displacement of 48 cubic centimeters or less, that may also be self-propelled, 19
and that is operated at speeds of less than 20 miles per hour. 20

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(8) “Motor vehicle” means all vehicles operated in the State that are 1
propelled or drawn by power other than muscular power. 2
(A) “Motor vehicle” includes: 3
(i) “all-terrain vehicles,” which has the same meaning as in 4
23 V.S.A. § 3501(1); 5
(ii) “motorcycles,” which has the same meaning as in 23 V.S.A. 6
§ 4(18); 7
(iii) farm tractors and farm trailers; and 8
(iv) “motor-driven cycles,” which has the same meaning as in 9
23 V.S.A. § 4(45)(A). 10
(B) “Motor vehicle” does not mean: 11
(i) an “electric personal assistive mobility device,” which has the 12
same meaning as in 23 V.S.A. § 4(66); 13
(ii) an “electric bicycle,” which has the same meaning as in 14
23 V.S.A. § 4(46)(A); 15
(iii) a “motor-assisted bicycle,” which has the same meaning as in 16
23 V.S.A. § 4(45)(B)(i), or a motor-assisted bicycle that has been modified to 17
meet the physical needs or abilities of the operator or a passenger; 18
(iv) an “adaptive electric cycle,” which has the same meaning as 19
in 19 V.S.A. § 2901; 20
(v) a lawn mower; or 21

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