Vermont S 247: An act relating to the regulation of the disposal of plastics and the sale of consumer products containing microplastics

Bill Text

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VT LEG #385740 v.1
S.247 1
Introduced by Senators Watson, Harrison, Lyons, Major and White 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; environmental health; solid waste; 5
microplastics; medical solution containers; medical tubing; chemical 6
conversion 7
Statement of purpose of bill as introduced: This bill proposes to prohibit the 8
chemical conversion of plastic in the State. The bill also would, beginning on 9
January 1, 2030, prohibit a person or entity from manufacturing, selling, or 10
distributing in commerce a medical solution container made with intentionally 11
added di(2-ethylhexyl) phthalate (DEHP). In addition, beginning on January 1, 12
2035, the bill would prohibit a person or entity from manufacturing, selling, or 13
distributing in commerce medical tubing made with intentionally added DEHP. 14
Beginning on January 1, 2029, the bill would prohibit a person from selling, 15
offering for sale, or distributing in commerce a personal care product or 16
designated cleaning product containing a plastic microbead. 17
An act relating to the regulation of the disposal of plastics and the sale of 18
consumer products containing microplastics 19

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VT LEG #385740 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 10 V.S.A. § 6621 is added to read: 2
§ 6621. USE OF CHEMICAL CONVERSION TECHNOLOGIES 3
(a) As used in this section: 4
(1) “Chemical conversion technologies” means using plastic inputs: 5
(A) as a fuel or fuel substitute or the general use of plastic in energy 6
production; or 7
(B) in the use of the following processes: 8
(i) gasification; 9
(ii) pyrolysis; 10
(iii) solvolysis; 11
(iv) hydropyrolysis; 12
(v) methanolysis; 13
(vi) glycolysis; 14
(vii) enzymatic breakdown; 15
(viii) solvent-based purification; 16
(ix) combustion; or 17
(x) any other process used to transform plastic or plastic-derived 18
materials into plastic monomers, waxes, lubricants, chemical feedstocks, crude 19
oil, diesel, gasoline, or home heating oil. 20

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VT LEG #385740 v.1
(2) “Facility” is a facility, as that term is defined in section 6602 of this 1
chapter, operated for the purpose of performing, facilitating, aiding, or 2
otherwise engaging in chemical conversion. 3
(3) “Plastic” means a synthetic material made from linking monomers 4
through a chemical reaction to create a polymer chain that can be molded or 5
extruded at high heat into various solid forms that retain their defined shapes 6
during their life cycle and after disposal, including material derived from either 7
petroleum or a biologically based polymer, such as corn or other plant sources. 8
(4) “Recycling” means any process in which materials are collected, 9
separated, or processed and returned to the marketplace in the form of raw 10
materials to make new products. “Recycling” does not include chemical 11
conversion. 12
(b) A person shall not use or operate chemical conversion technologies in 13
the State. 14
(c)(1) A person shall not build, construct, establish, or operate any facility 15
in the State that uses chemical conversion technologies. 16
(2) The prohibition in this subsection applies to the modification or 17
conversion of any existing certified solid waste facility in the State into a 18
facility that uses a chemical conversion technology. 19
(d) The State of Vermont shall not provide subsidies, grants, tax breaks, or 20
any other financial or nonfinancial incentives to support the development of 21

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VT LEG #385740 v.1
facilities that use chemical conversion technologies or programs focused on 1
chemical conversion technologies. 2
Sec. 2. 18 V.S.A. §§ 1514 and 1515 are added to read: 3
§ 1514. MEDICAL DEVICES; DEHP 4
(a) As used in this section: 5
(1) “DEHP” means di(2-ethylhexyl) phthalate. 6
(2) “Intentionally added DEHP” means DEHP that a manufacturer has 7
intentionally added to an intravenous or other specified medical solution 8
container or medical tubing product and that has a functional or technical 9
effect on the product. 10
(3) “Medical solution container” means a container used to house 11
medicine, fluid, or nutrition therapy that is administered intravenously or 12
through the mouth, nose, stomach, or intestines to patients in a hospital, 13
outpatient, or other health care facility. 14
(4) “Medical tubing” means any tubing used to administer fluids, 15
medication, nutrients, or oxygen, including: 16
(A) intravenous tubing used to administer fluids, medication, or 17
parenteral nutrition directly into the bloodstream of an adult, child, or infant; 18
(B) medical tubing used to deliver enteral nutrition or medication to 19
the digestive system for an adult, child, or infant; or 20

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VT LEG #385740 v.1
(C) respiratory tubing and nasal cannulas delive