Vermont 2011 bill text

S.21 (The expansion bill)
H.218 (The replacement bill)

S.21

The following text was found at http://www.leg.state.vt.us/docs/2012/bills/Intro/S-021.pdf

The identical House Bill, H.74, can be found at http://www.leg.state.vt.us/docs/2012/bills/Intro/H-074.pdf

BILL AS INTRODUCED S.21
2011 Page 1 of 24
VT LEG 261813.1
1 S.21
2 Introduced by Senators Lyons and Pollina
3 Referred to Committee on
4 Date:
5 Subject: Conservation and development; solid waste; beverage redemption;
6 producer responsibility
7 Statement of purpose: This bill proposes to expand the scope of the bottle bill
8 to include wine and all carbonated and noncarbonated drinks, except rice milk,
9 soy milk, and milk. The bill would require beverage manufacturers and
10 distributors to remit abandoned beverage container deposits to the state for
11 deposit in a clean environment jobs fund established to provide grants and
12 loans to businesses engaged in solid waste management or recycling. In
13 addition, the bill would require manufacturers of products designated by rule
14 by the agency of natural resources to implement a product stewardship plan for
15 the collection, transport, recycling, and disposal of designated products that are
16 discarded by consumers. Designated-product manufacturers that fail to
17 implement a stewardship plan would be prohibited from selling the designated
18 product in the state.
19 An act relating to solid waste management and recycling
20 It is hereby enacted by the General Assembly of the State of Vermont:
BILL AS INTRODUCED S.21
2011 Page 2 of 24
VT LEG 261813.1
Sec. 1. 10 V.S.A. 1 § 1521 is amended to read:
2 § 1521. DEFINITIONS
3 For the purpose of this chapter:
4 (1) “Beverage” means beer or other malt beverages and mineral waters,
5 mixed wine drink, wine, soda water and, carbonated soft drinks, noncarbonated
6 water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form
7 and intended for human consumption, except for rice milk, soymilk, milk, and
8 dairy. As of January 1, 1990 “beverage” also shall mean liquor.
9 (2) “Biodegradable material” means material which is capable of being
10 broken down by bacteria into basic elements.
11 (3) “Container” means the individual, separate, bottle, can, jar or carton
12 composed of glass, metal, paper, plastic, or any combination of those materials
13 containing a consumer product. This definition shall not include containers
14 made of biodegradable material.
15 (4) “Distributor” means every person who engages in the sale of
16 consumer products in containers to a dealer in this state including any
17 manufacturer who engages in such sales. Any dealer or retailer who sells, at
18 the retail level, beverages in containers without having purchased them from a
19 person otherwise classified as a distributor, shall be a distributor.
20 (5) “Manufacturer” means every person bottling, canning, packing, or
21 otherwise filling containers for sale to distributors or dealers.
BILL AS INTRODUCED S.21
2011 Page 3 of 24
VT LEG 261813.1
(6) “Recycling” means the process of sorting, 1 cleansing, treating, and
2 reconstituting waste and other discarded materials for the purpose of reusing
3 the materials in the same or altered form.
4 (7) “Redemption center” means a store or other location where any
5 person may, during normal business hours, redeem the amount of the deposit
6 for any empty beverage container labeled or certified pursuant to section 1524
7 of this title.
8 (8) “Secretary” means the secretary of the agency of natural resources.
9 (9) “Mixed wine drink” means a beverage containing wine and more
10 than 15 percent added plain, carbonated, or sparkling water; and which
11 contains added natural or artificial blended material, such as fruit juices,
12 flavors, flavoring, adjuncts, coloring, or preservatives; which contains not
13 more than 16 percent alcohol by volume; or other similar product marketed as
14 a wine cooler.
15 (10) “Liquor” means spirits as defined in 7 V.S.A. § 2.
16 (11) “Deposit initiator” means the first distributor or manufacturer to
17 collect the deposit on a beverage container sold to any person within the state.
18 Sec. 2. 10 V.S.A. § 1522 is amended to read:
19 § 1522. BEVERAGE CONTAINERS; DEPOSIT
20 (a) Except with respect to beverage containers which contain liquor, a
21 deposit of not less than five cents $0.05 shall be paid by the consumer on each
BILL AS INTRODUCED S.21
2011 Page 4 of 24
VT LEG 261813.1
beverage container sold at the retail level and refunded 1 to the consumer upon
2 return of the empty beverage container. With respect to beverage containers of
3 volume greater than 50 ml. which contain liquor or wine, a deposit of 15 cents
4 $0.15 shall be paid by the consumer on each beverage container sold at the
5 retail level and refunded to the consumer upon return of the empty beverage
6 container. The difference between liquor bottle deposits collected and refunds
7 made is hereby retained by the liquor control fund for administration of this
8 subsection.
9 (b) A retailer or a person operating a redemption center who redeems
10 beverage containers shall be reimbursed by the manufacturer or distributor of
11 such beverage containers in an amount which is three and one-half cents
12 $0.035 per container for containers of beverage brands that are part of a
13 commingling program and four cents $0.04 per container for containers of
14 beverage brands that are not part of a commingling program.
15 (c) [Deleted.]
16 (d) Containers shall be redeemed during no fewer than 40 hours per week
17 during the regular operating hours of the establishment.
18 Sec. 3. 10 V.S.A. § 1523 is amended to read:
19 § 1523. ACCEPTANCE OF BEVERAGE CONTAINERS
20 (a) Except as provided in section 1522 of this title:
BILL AS INTRODUCED S.21
2011 Page 5 of 24
VT LEG 261813.1
(1) A retailer shall not refuse to accept from 1 any person any empty
2 beverage containers, labeled in accordance with section 1524 of this title, of
3 the kind, size, and brand sold by the retailer, or refuse to pay to that person the
4 refund value of a beverage container as established by section 1522 of this
5 title, except as provided in subsection (b) of this section.
6 (2) A manufacturer or distributor may not refuse to pick up from a
7 retailer that sells its product or a person operating a certified redemption center
8 any empty beverage containers, labeled in accordance with section 1524 of this
9 title, of the kind, size, and brand sold by the manufacturer or distributor, or
10 refuse to pay the retailer or a person operating a redemption center the refund
11 value of a beverage container as established by section 1522 of this title.
12 (b) A retailer, with the prior approval of the secretary, may refuse to
13 redeem beverage containers only if a redemption center or centers are
14 established which serve the public need within a one-mile radius of the retailer.
15 (c) A retailer or a person operating a redemption center may refuse to
16 redeem beverage containers that are not clean, or are broken, and shall not
17 redeem beverage containers that are not labeled in accordance with section
18 1524 of this title.
19 * * *
BILL AS INTRODUCED S.21
2011 Page 6 of 24
VT LEG 261813.1
Sec. 4. 10 V.S.A. 1 § 1524 is amended to read:
2 § 1524. LABELING
3 (a) Every beverage container sold or offered for sale at retail in this state
4 shall clearly indicate by embossing or imprinting on the normal product label,
5 or in the case of a metal beverage container on the top of the container, the
6 word “Vermont” or the letters “VT” and the refund value of the container in
7 not less than one-eighth inch type size or such other alternate indications as
8 may be approved by the secretary. This subsection does not prohibit including
9 names or abbreviations of other states with deposit legislation comparable to
10 this chapter.
11 (b) The commissioner of the department of liquor control may allow, in the
12 case of liquor bottles, a conspicuous, adhesive sticker to be attached to indicate
13 the deposit information required in subsection (a) of this section, provided that
14 the size, placement, and adhesive qualities of the sticker are as approved by the
15 commissioner. The stickers shall be affixed to the bottles by the manufacturer,
16 except that liquor which is sold in the state in quantities less than 100 cases per
17 year may have stickers affixed by personnel employed by the department.
18 (c) This section shall not apply to permanently labeled beverage containers.
19 (d) [Repealed.]
20 (e) The secretary of natural resources, after consultation with the
21 commissioner of liquor control, may allow, in the case of wine bottles, a
BILL AS INTRODUCED S.21
2011 Page 7 of 24
VT LEG 261813.1
conspicuous, adhesive sticker to be attached to indicate 1 the deposit information
2 required in subsection (a) of this section, provided that the size, placement, and
3 adhesive qualities of the sticker are as approved by the secretary. Stickers
4 shall be affixed to bottles by the manufacturer.
5 Sec. 5. 10 V.S.A. § 1529 is amended to read:
6 § 1529. REDEMPTION CENTER CERTIFICATION
7 (a) A person operating a redemption center may obtain a certification from
8 the secretary. A redemption center certification shall include the following:
9 (1) Specification of the name and location of the facility;
10 (2) If the certified redemption center redeems more than 250,000
11 containers per year, a requirement that the certified redemption center shall
12 participate in an approved commingling agreement; and
13 (3) Additional conditions, requirements, and restrictions as the secretary
14 may deem necessary to implement the requirements of this chapter. This may
15 include requirements concerning reporting, recording, and inspections of the
16 operation of the site.
17 (b) The secretary may adopt rules establishing criteria and other
18 requirements for the operation of a new redemption center in the state. In
19 adopting rules, the secretary may consider the following:
20 (1) the health and safety of the public, including sanitation protection
21 when food is also sold on the premises;
BILL AS INTRODUCED S.21
2011 Page 8 of 24
VT LEG 261813.1
(2) the convenience for the public, including 1 standards governing the
2 appropriate number and location of redemption centers based on population of
3 the surrounding area or distance from an existing redemption center;
4 (3) the proximity of the proposed redemption center to existing
5 redemption centers and the potential impact that the proposed redemption
6 center may have on the existing redemption center; and
7 (4) the hours of operation of a proposed redemption center and the hours
8 of operation of existing redemption centers in the proximity of the proposed
9 redemption center.
10 Sec. 6. 10 V.S.A. § 1530 is added to read:
11 § 1530. ABANDONED DEPOSITS; DEPOSIT TRANSACTION
12 ACCOUNT; BEVERAGE REDEMPTION FUND
13 (a) A deposit initiator shall open a separate interest-bearing account in a
14 Vermont branch of a financial institution to be known as the deposit
15 transaction account. The deposit initiator shall keep the deposit transaction
16 account separate from all other revenues and accounts. Each deposit initiator
17 shall deposit in the deposit transaction account the refund value established by
18 section 1522 of this title for all beverage containers sold by the deposit
19 initiator. The deposit initiator shall deposit the refund value for each beverage
20 container in the account not more than three business days after the date the
21 beverage container is sold. All interest, dividends, and returns earned on the
BILL AS INTRODUCED S.21
2011 Page 9 of 24
VT LEG 261813.1
deposit transaction account shall be paid directly 1 to the account, and may be
2 transferred from the deposit transaction account for use by the deposit initiator.
3 (b) Every deposit initiator shall report to the secretary of natural resources
4 and the commissioner of taxes by the tenth day of each month concerning
5 transactions affecting the deposit initiator’s deposit transaction account in the
6 preceding month. The report shall be submitted on a form provided by the
7 commissioner of taxes and shall include:
8 (1) the balance of the account at the beginning of the preceding month;
9 (2) the number of nonreusable beverage containers sold in the preceding
10 month and the number of nonreusable beverage containers returned in the
11 preceding month;
12 (3) the amount of beverage container deposits received by the deposit
13 initiator and deposited into the deposit transaction account;
14 (4) the amount of refund payments made from the deposit transaction
15 account in the preceding month;
16 (5) any income earned on the deposit transaction account in the
17 preceding month;
18 (6) any other transactions, withdrawals, or service charges on the
19 deposit transaction account from the preceding month; and
20 (7) any additional information required by the commissioner of taxes.
BILL AS INTRODUCED S.21
2011 Page 10 of 24
VT LEG 261813.1
(c) By the tenth day of each month, each deposit 1 initiator shall remit from
2 its deposit transaction account to the commissioner of taxes any abandoned
3 beverage container deposits from the preceding month. The amount of
4 abandoned beverage container deposits for a month is the amount equal to the
5 amount of deposits that should be in the fund less the sum of:
6 (1) income earned on amounts on the account during that month; and
7 (2) the total amount of refund value received by the deposit initiator for
8 nonrefillable containers during that month.
9 (d) The secretary of natural resources may prohibit the sale of a beverage
10 that is sold or distributed into the state by a deposit initiator who fails to
11 comply with the requirements of this chapter. The secretary may allow the
12 sale of a beverage upon the deposit initiator’s coming into compliance with the
13 requirements of this chapter.
14 (e) The abandoned beverage container deposits remitted to the
15 commissioner of taxes under subsection (c) of this section shall be deposited in
16 the clean environment jobs fund established under section 1531 of this title.
17 Sec. 7. 10 V.S.A. § 1531 is added to read:
18 § 1531. CLEAN ENVIRONMENT JOBS FUND
19 (a) There is hereby established in the state treasury a special fund to be
20 known as the clean environment jobs fund, to be administered and expended
21 by the secretary of natural resources to fund programs or projects that promote
BILL AS INTRODUCED S.21
2011 Page 11 of 24
VT LEG 261813.1
or support the growth of jobs or businesses in 1 the state that are related to or
2 engaged in recycling and solid waste management, provided that expenditures
3 from the fund shall not be used to fund programs or projects associated with
4 the incineration of solid waste.
5 (b) The secretary may authorize disbursement or expenditures from the
6 fund for:
7 (1) loans or grants to Vermont citizens or businesses initiating or
8 expanding a business engaged in recycling or solid waste management,
9 including: collection, transport, and recycling of electronic waste; salvage,
10 recovery, and recycling of building materials; and the collection and disposal
11 of mercury-added products; and
12 (2) the costs to the agency of natural resources in implementing the
13 extended producer responsibility program set forth in chapter 160 of this title.
14 (c) There shall be deposited into the fund:
15 (1) all abandoned beverage container deposits remitted to the state under
16 section 1530 of this title;
17 (2) private gifts, bequests, grants, or donations made to the state from
18 any public or private source for the purposes for which the fund was
19 established; and
20 (3) such sums as may be appropriated by the general assembly.
BILL AS INTRODUCED S.21
2011 Page 12 of 24
VT LEG 261813.1
(d) Interest earned by the fund shall be credited 1 and deposited to the fund.
2 All balances in the fund at the end of the fiscal year shall be carried forward
3 and remain a part of the fund.
4 Sec. 8. 10 V.S.A. chapter 160 is added to read:
5 CHAPTER 160. EXTENDED PRODUCER RESPONSIBILITY PROGRAM
6 § 6701. DEFINITIONS
7 For the purposes of this chapter:
8 (1) “Covered entity” means any household, charity, or school district in
9 the state, or a business in the state that employs ten or fewer individuals.
10 (2) “Designated product” means a product designated as subject to the
11 requirements of this chapter under section 6702 of this title.
12 (3) “Manufacturer” means a person who:
13 (A) Manufactures or manufactured a designated product under its
14 own brand or label for sale in the state;
15 (B) Sells in the state under its own brand or label designated products
16 produced by another supplier;
17 (C) Owns a brand that it licenses or licensed to another person for use
18 on a designated product sold in the state;
19 (D) Imports into the United States for sale in the state a designated
20 product manufactured by a person without a presence in the United States;
BILL AS INTRODUCED S.21
2011 Page 13 of 24
VT LEG 261813.1
(E) Manufactures designated products 1 for sale in the state without
2 affixing a brand name; or
3 (F) Assumes the responsibilities, obligations, and liabilities of a
4 manufacturer as defined under subdivisions (A) through (E) of this subdivision
5 (3), provided that the secretary may enforce the requirements of this chapter
6 against a manufacturer if a person who assumes the manufacturer’s
7 responsibilities fails to comply with the requirements of this chapter.
8 (4) “Program year” means the period from July 1 through June 30.
9 (5) “Retailer” means a person who sells a designated product to a person
10 in the state, through any means, including sales outlets, catalogues, the
11 telephone, the Internet, or any electronic means.
12 (6) “Sell” or “sale” means any transfer for consideration of title or of the
13 right to use by lease or sales contract of a designated product to a person in the
14 state. “Sell” or “sale” does not include the sale, resale, lease, or transfer of
15 used designated products or a manufacturer’s or a distributor’s wholesale
16 transaction with a distributor or a retailer.
17 § 6702. PRODUCT DESIGNATION
18 (a) The agency may adopt rules designating products considering the
19 following factors:
20 (1) Potential to reduce waste, toxicity, greenhouse gas emissions, or
21 other environmental or health impacts;
BILL AS INTRODUCED S.21
2011 Page 14 of 24
VT LEG 261813.1
(2) Potential to encourage product design or 1 manufacture that reduces
2 environmental or health impacts;
3 (3) Current or potential contribution of the product to the weight,
4 volume, or toxicity of the solid waste stream;
5 (4) Public demand or need for improved recycling, reuse, or disposal
6 opportunities;
7 (5) Producer ability to manage the product through a product
8 stewardship program;
9 (6) Fiscal impacts to local governments, producers, retailers, consumers,
10 and other affected parties of using a product stewardship program to address
11 the management of a product after the end of the product’s useful life; and
12 (7) Any other consideration relevant to the management of a product
13 under a product stewardship program.
14 (b) On or before January 1, 2012, and annually thereafter, the agency shall
15 publish on its website a list of priority products that will be reviewed for
16 potential designation under subsection (a) of this section. The published list
17 shall include a proposed schedule for review of each listed product.
18 § 6703. MANUFACTURER RESPONSIBILITY
19 (a) Sale prohibited. Two years after the designation of a product under
20 section 6702 of this title, a manufacturer of a designated product shall not sell,
BILL AS INTRODUCED S.21
2011 Page 15 of 24
VT LEG 261813.1
offer for sale, or deliver to a retailer for subsequent 1 sale designated products
2 unless all the following have been met:
3 (1) The manufacturer is implementing an approved stewardship plan;
4 (2) The manufacturer has paid its annual registration fee under section
5 6708 of this title;
6 (3) The name of the manufacturer and manufacturer’s brand appears on
7 an agency website noting of designated products that have an approved plan.
8 (4) The manufacturer has submitted an annual report; and
9 (5) The manufacturer has conducted a plan audit consistent with the
10 requirements of subsection (c) of this section.
11 (b) Annual report. At the end of each program year, a manufacturer shall
12 submit an annual report to the secretary that contains the following:
13 (1) A description of the collection program.
14 (2) Whether the program achieved the convenience standards
15 established as a part of the approved plan.
16 (3) The progress of the program in meeting:
17 (A) the annual performance target for the designated material; and
18 (B) the five-year performance target for the designated material.
19 (4) An estimate of the number of designated products available for
20 collection and the methodology used to develop this number. The secretary
21 may audit a manufacturer’s sales figures and methodology used to estimate the
BILL AS INTRODUCED S.21
2011 Page 16 of 24
VT LEG 261813.1
number of designated products available for collection. 1 Sales data and other
2 confidential business information provided under this section shall not be made
3 available to the public.
4 (5) The steps that the manufacturer has taken during the past program
5 year to improve the life-cycle performance of the designated product. This
6 may include: research into or implementation of less toxic or harmful
7 alternatives to the designated product; research into or implementation of
8 increasing the life span of a designated product; steps taken to reduce
9 packaging or make a designated product’s packaging recyclable; and steps
10 taken to increase the recyclability of the designated product.
11 (c) Plan audit. Four years after the initial plan approval, and every five
12 years thereafter, the manufacturer shall hire an independent third party to audit
13 the plan and plan implementation. The auditor shall examine the effectiveness
14 of the program in achieving the convenience and performance standards
15 approved under the plan. The auditor shall examine the cost-effectiveness of
16 the program and compare it to other collection programs approved for
17 designated products in this state or programs approved in other jurisdictions.
18 The auditor shall make recommendations to the secretary on ways to increase
19 cost and programmatic effectiveness.
20 (d) Participation in a stewardship organization. A manufacturer may
21 satisfy its obligations in subdivisions (a)(1)–(5) of this section and
BILL AS INTRODUCED S.21
2011 Page 17 of 24
VT LEG 261813.1
subsections (b) and (c) of this section by participation 1 in a stewardship
2 organization that has undertaken these obligations on the manufacturer’s
3 behalf.
4 § 6704. STEWARDSHIP PLANS
5 Collection plan required. Not more than one year following the designation
6 of a product under section 6702 of this title, a manufacturer shall submit a
7 collection plan to the secretary for review. At a minimum, the collection plan
8 shall contain the following:
9 (1) Collection of designated products. The collection plan shall develop
10 a program that collects, transports, and reuses or recycles designated products
11 covered under this chapter. The collection program shall accept all designated
12 products and shall not refuse the collection of a designated product on the basis
13 of who manufactured the product or the brand label of the product. The
14 collection and recycling of the designated product shall be free of cost to the
15 consumer at the time of collection. When developing its collection plan, a
16 manufacturer shall consider the use of collection facilities used for other
17 designated products under approved plans.
18 (2) Public education and outreach. The collection plan shall develop an
19 education and outreach program that may include media advertising, retail
20 displays, articles in trade and other journals and publications, and other public
BILL AS INTRODUCED S.21
2011 Page 18 of 24
VT LEG 261813.1
educational efforts. At a minimum, the education and 1 outreach program shall
2 notify the public of the following:
3 (A) that there is a free collection program for the designated product;
4 (B) the location of the free collection points and how a covered entity
5 can access this collection program; and
6 (C) any special handling considerations associated with the
7 designated product.
8 (3) Convenience of collection opportunities. The collection plan shall
9 create a convenient collection program that has collection opportunities
10 throughout the state, throughout the year. The collection program shall, at a
11 minimum, have one permanent collection point in each county that is
12 accessible to covered entities on a regular basis both during business hours and
13 non-business hours. The collection program may also include: product
14 mail-back; product mail-back from a collection center; reverse distribution and
15 collection of a product; or collection events. In developing its collection
16 program, the manufacturer shall consider the following factors on a county
17 basis and describe how the program is convenient for each county: the
18 population, population density, geography, existing collection programs, and
19 any other factor the manufacturer believes relevant to providing convenient
20 service.
BILL AS INTRODUCED S.21
2011 Page 19 of 24
VT LEG 261813.1
(4) Performance of collection programs. The 1 collection programs shall
2 be designed to meet the annual collection performance standards and the
3 five-year collection standard established by the secretary.
4 (5) Compliance with appropriate environmental standards. The
5 collection program shall comply with all applicable laws when collecting,
6 transporting, and recycling designated products. The collection program shall
7 meet any special handling or recycling standards established by the secretary
8 for that designated product.
9 (6) A budget for the program, including the funding mechanism to pay
10 for the program. Producers shall pay for all administrative, operational, and
11 capital costs associated with the plan including costs of collection,
12 transportation, recycling, and disposal.
13 (7) A description of how collection will occur in an environmental
14 sound fashion that is consistent with the law, any special handling
15 requirements adopted by the secretary, and how it promotes the recycling and
16 reuse of the designated product whenever possible.
17 § 6705. STEWARDSHIP ORGANIZATIONS
18 Qualifications for a stewardship organization. To qualify as a stewardship
19 organization under this chapter, an organization shall:
20 (1) Represent at least 45 percent of the market share of designated
21 products.
BILL AS INTRODUCED S.21
2011 Page 20 of 24
VT LEG 261813.1
(2) Not create unreasonable barriers for participation 1 in the stewardship
2 organization.
3 (3) Have a public website that names all manufacturers and
4 manufacturer’s brands covered by the stewardship organization’s approved
5 stewardship plan.
6 (4) When developing its collection plan, a stewardship organization
7 shall consider the use of collection facilities used for other designated products
8 under approved plans.
9 § 6706. AGENCY RESPONSIBILITIES
10 (a) Review and approve stewardship plans. The secretary shall review and
11 approve or deny stewardship plans submitted under section 6704 of this title.
12 Plan approvals shall be for five years. The secretary shall approve a
13 stewardship plan if the secretary finds that the plan:
14 (1) Provides convenient collection opportunities for covered entities
15 throughout the state, throughout the year.
16 (2) Provides adequate notice to the public of the collection opportunities
17 available for the designated product.
18 (3) Provides sufficient collection opportunities to achieve the five-year
19 performance standard incorporated as a part of the plan.
20 (4) Ensures that the collection will occur in an environmentally sound
21 fashion that is consistent with the law, any special handling requirements
BILL AS INTRODUCED S.21
2011 Page 21 of 24
VT LEG 261813.1
adopted by the secretary, and that it promotes the 1 recycling and reuse of the
2 designated product.
3 (b) Public input. The agency shall establish a process under which a
4 stewardship plan for a designated product is, prior to plan approval, available
5 for public review and comment for 30 days. The agency shall consult with
6 interested persons, including manufacturers, environmental groups,
7 wholesalers, retailers, municipalities, and solid waste districts.
8 (c) Develop or approve mandatory performance measures for designated
9 products. The secretary shall develop annual and five-year performance
10 standards for a designated product. The secretary shall adopt performance
11 measures by rule and provide the same public process as provided in
12 subsection (b) of this section.
13 (d) Establish penalties and adjust plans. If a stewardship plan fails to
14 achieve the annual or five-year performance standard for a designated product:
15 (1) The secretary shall establish penalties for manufacturers that fail to
16 achieve annual or five-year performance goals. The secretary shall provide the
17 same public process as provided in subsection (b) of this section.
18 (2) The secretary shall require the manufacturer to adjust the plan. This
19 may include increasing the level of convenience required; increasing education
20 and outreach efforts; or any other adjustments necessary to achieve the
BILL AS INTRODUCED S.21
2011 Page 22 of 24
VT LEG 261813.1
mandatory performance standards. Plan amendment 1 shall be subject to the
2 public input provisions in subsection (b) of this section.
3 (e) Special handling requirements. The secretary may adopt, by procedure,
4 special handling requirements necessary for the proper handling of a
5 designated product.
6 (f) Approved plans. The secretary shall post on the agency of natural
7 resources’ website all manufacturers and manufacturers’ brands that are
8 covered under approved plans.
9 § 6707. RETAILER OBLIGATIONS.
10 (a) Sale prohibited. No retailer shall sell or offer for sale a designated
11 product unless the retailer has reviewed the agency website required in
12 subsection 6706(e) of this title to determine that the manufacturer of the
13 designated product is implementing an approved stewardship plan or is a part
14 of a stewardship organization.
15 (b) Expiration or revocation of manufacturer registration. A retailer shall
16 not be responsible for an unlawful sale under this subsection if the
17 manufacturer’s stewardship plan expired or was revoked if the retailer took
18 possession of the designated product prior to the designation of the product
19 under section 6702 of this section or prior to the expiration or revocation of the
20 manufacturer’s stewardship plan, and the unlawful sale occurred within six
21 months after the expiration or revocation.
BILL AS INTRODUCED S.21
2011 Page 23 of 24
VT LEG 261813.1
§ 6708. MANUFACTURER 1 REGISTRATION AND FEES
2 (a) The manufacturer shall file a registration form with the secretary. The
3 secretary shall provide the registration form to a manufacturer. The
4 registration form shall include:
5 (1) a list of the manufacturer’s brands of the designated product offered
6 for sale by the manufacturer in this state;
7 (2) the name, address, and contact information of a person responsible
8 for ensuring the manufacturer’s compliance with this chapter;
9 (b) A renewal of a registration without changes may be accomplished
10 through notifying the agency of natural resources on a form provided by the
11 agency.
12 (c) Registration prior to sale. A manufacturer that begins to sell or offer for
13 sale a designated product and has not filed a registration under this section
14 shall submit a registration to the agency of natural resources within ten days of
15 beginning to sell or offer for sale a designated product.
16 (d) Amendments to registration. A registration shall be amended within ten
17 days after a change to any information included in the registration submitted
18 by the manufacturer under this section.
19 (e) Effective date of registration. A registration is effective upon receipt by
20 the agency of natural resources of a complete registration form and payment of
BILL AS INTRODUCED S.21
2011 Page 24 of 24
VT LEG 261813.1
fees required by this section. Registration under this 1 chapter shall be renewed
2 annually.
3 (f) Agency review of registration application. The agency of natural
4 resources shall notify the manufacturer of any required information that is
5 omitted from the registration. Upon receipt of a notification from the agency,
6 the manufacturer shall submit a revised registration providing the information
7 noted by the agency.
8 (g) Each stewardship plan shall be assessed a review fee of $10,000.00.
9 § 6709. DISPOSAL BAN
10 Two years after the designation of a product under section 6702 of this title,
11 no person shall knowingly dispose of a designated product in a landfill.
12 Sec. 9. EFFECTIVE DATES
13 (a) This section and Sec. 8 (extended producer responsibility program) of
14 this act shall take effect on July 1, 2011.
15 (b) Secs. 1 (bottle bill definitions), 2 (beverage container deposits), 3
16 (acceptance of beverage containers), 4 (beverage container labeling), 5
17 (redemption center certification), 6 (abandoned beverage container deposits),
18 and 7 (clean environment jobs fund) of this act shall take effect on July 1,
19 2012.

h.218

The following text was found at http://www.leg.state.vt.us/docs/2012/bills/Intro/H-218.pdf

BILL AS INTRODUCED H.218
2011 Page 1 of 27
VT LEG 261937.6
1 H.218
2 Introduced by Representatives Cheney of Norwich, Edwards of Brattleboro
3 and Sharpe of Bristol
4 Referred to Committee on
5 Date:
6 Subject: Conservation and development; solid waste; producer responsibility
7 Statement of purpose: This bill proposes to enact a solid waste program under
8 which producers of packaging and printed material would be required to
9 develop, implement, and fund a program to expand the amount of such
10 material collected and recycled.
11 An act relating to producer responsibility for solid waste
12 It is hereby enacted by the General Assembly of the State of Vermont:
13 Sec. 1. FINDINGS
14 The general assembly finds:
15 (1) An essential component of Vermont’s solid waste management
16 system is to divert as much solid waste from the state’s landfills as is possible.
17 Vermont has historically sought to recycle a large percentage of the solid waste
18 created in the state and to be a national leader in the design and
19 implementation of advanced waste management policies.
BILL AS INTRODUCED H.218
2011 Page 2 of 27
VT LEG 261937.6
(2) Recycling rates in Vermont have plateaued 1 at approximately 32
2 percent and have remained at that level for many years.
3 (3) An essential component to any policy for reducing the amount of
4 waste disposed is for producers to take responsibility for managing the waste
5 created by their products and the packaging used for those products.
6 (4) Extended producer responsibility (EPR) regulatory programs have
7 been enacted throughout the world, including in the United States, and have
8 resulted in significant improvements in recycling rates.
9 (5) Vermont has endorsed extended producer responsibility as the
10 preferred policy for managing specific types of waste, including electronic
11 waste and mercury-containing waste.
12 (6) Extending EPR requirements to all packaging and printed material
13 can result in a solid waste management system that diverts in excess of 60
14 percent of packaging and printed material from Vermont’s landfills.
15 (7) EPR systems for packaging can address the problem of
16 hard-to-recycle materials by creating incentives for producers to shift to more
17 recyclable packaging or to invest in research and infrastructure development to
18 overcome obstacles to recycling.
19 (8) While Vermont’s beverage container redemption system (known as
20 the bottle bill) diverts a high percentage of the beverage containers included
21 under the redemption system, the bottle bill has resulted in the development of
BILL AS INTRODUCED H.218
2011 Page 3 of 27
VT LEG 261937.6
two separate recycling systems, one for covered beverage 1 containers and one
2 for other recyclable packaging and printed materials. Maintaining two separate
3 recycling systems results in unnecessarily high costs for consumers,
4 significantly increased vehicle traffic to recycling centers, and a higher carbon
5 footprint for the state.
6 (9) Developing a single, integrated, statewide EPR program for all
7 containers, packaging, and printed material generated in the state will enhance
8 beverage container recycling, increase consumer convenience, increase overall
9 material recycling rates, reduce municipal waste management costs, and create
10 sustainable jobs.
11 (10) Through this innovative approach to directing and funding the
12 recycling of printed material and packaging, Vermont shall regain its
13 reputation as a leading jurisdiction in advanced waste management policy.
14 (11) The establishment of a regulatory program to divert a higher
15 percentage of a wider range of recyclable material from Vermont’s landfills is
16 consistent with the state’s duty to protect the health, safety, and welfare of its
17 citizens; maintain and enhance the quality of the environment; conserve natural
18 resources; prevent pollution of air, water, and land; reduce greenhouse gas
19 emissions; and stimulate economic growth.
BILL AS INTRODUCED H.218
2011 Page 4 of 27
VT LEG 261937.6
Sec. 2. 10 V.S.A. chapter 1 160A is added to read:
2 CHAPTER 160A. EXTENDED PRODUCER RESPONSIBILITY FOR
3 PACKAGING AND PRINTED MATERIAL
4 § 6671. SHORT TITLE
5 This chapter shall be known as the Vermont extended producer
6 responsibility act of 2011.
7 § 6672. DEFINITIONS
8 As used in this chapter:
9 (1) “Agency” means the agency of natural resources.
10 (2) “Distribute” means the sale, offer for sale, issuance, delivery, or
11 other dissemination of printed material or packaging.
12 (3) “Extended producer responsibility (EPR)” means a requirement for a
13 producer to finance and provide for the collection, transportation, and
14 recycling of all packaging and printed paper.
15 (4) “Packaging” means materials that are used for the containment,
16 protection, handling, delivery, and presentation of goods distributed in
17 Vermont.
18 (5) “Printed materials” means any form of printed matter distributed in
19 Vermont, including newsprint, catalogues, magazines, brochures, and
20 advertising flyers.
BILL AS INTRODUCED H.218
2011 Page 5 of 27
VT LEG 261937.6
(6) “Processor” means an entity recovering 1 materials from unwanted
2 products for use as feedstock in new products.
3 (7) “Producer” means a person that:
4 (A) Has or had legal ownership of the brand, brand-name, or
5 co-brand of a product or material sold, offered for sale, or otherwise
6 disseminated that results in printed material or packaging waste in the state,
7 whether or not the producer is located in Vermont;
8 (B) Makes or made an unbranded package or printed material that is
9 distributed in the state;
10 (C) Distributes at wholesale or retail printed material or packaging,
11 does not have legal ownership of the brand, and elects to fulfill the
12 responsibilities of the producer for those products; or
13 (D) Imports or has imported a printed material or packaging branded
14 by a producer that meets the requirements of subdivisions (7)(A)–(C) of this
15 section when the producer is not located in the state.
16 (8) “Producer responsibility organization” means an organization
17 approved by the agency to act as an agent on behalf of a producer to develop
18 and operate an extended producer responsibility program for printed material
19 or packaging.
BILL AS INTRODUCED H.218
2011 Page 6 of 27
VT LEG 261937.6
(9) “Program plan” means a detailed plan required 1 under section 6674 of
2 this title that describes the manner in which an extended producer
3 responsibility program will be implemented and financed.
4 (10) “Recovery” means the process of collecting and preparing printed
5 material or packaging for use in manufacturing processes or for recovery of
6 usable materials followed by delivery of such materials for use. “Recovery”
7 does not include destruction by incineration, waste-to-energy incineration, or
8 land disposal.
9 (11) “Recovery rate” means the quantity of printed material and
10 packaging collected by a producer or producer responsibility organization for
11 recycling divided by the quantity of printed material and packaging distributed
12 in the state.
13 (12) “Retailer” means a person that, as part of a retail sales operation,
14 distributes printed material or packaging through any means, including remote
15 offerings such as sales outlets, catalogues, or the Internet. For purposes of this
16 subdivision, “retailer” does not include a person engaged in wholesale
17 transactions with a distributor or a retailer.
18 (13) “Secretary” means the secretary of the agency of natural resources.
19 (14) “Variable rate pricing” means a mechanism by which households
20 are directly charged a fee for waste collection and disposal services in relation
21 to the quantity of waste generated by each household.
BILL AS INTRODUCED H.218
2011 Page 7 of 27
VT LEG 261937.6
§ 6673. PRODUCER 1 RESPONSIBILITY
2 (a) Distribution prohibited. No person may distribute printed materials or
3 packaging in Vermont unless the following have been met:
4 (1) The producer of printed materials or packaging has implemented an
5 described in section 6674 of this title and approved in accordance with section
6 6675 of this title, or the producer qualifies for one of the de minimis
7 exemptions established in section 6675 of this title;
8 (2) At least 60 days before the effective date of the program plan:
9 (A) The producer has verified in writing to a person selling or
10 distributing printed materials and packaging in the state that the producer is
11 participating in an extended producer responsibility program plan approved by
12 the secretary; and
13 (B) The producer’s name and brands appear on an agency website
14 listing producers and brands covered by an approved plan;
15 (3) If a producer is a member of a producer responsibility organization
16 in order to fulfill its obligation under this act, the producer is in good standing
17 with that organization;
18 (4) The producer has paid all applicable fees or costs required by this
19 subchapter; and
20 (5) The producer has submitted an annual report as required by
21 subsection (d) of this section.
BILL AS INTRODUCED H.218
2011 Page 8 of 27
VT LEG 261937.6
1 (b) Initial reporting.
2 (1) For the purposes of program planning, a producer shall compile data
3 or estimates of the types and quantities of printed materials and packaging
4 distributed in the state for the previous year. This information shall be
5 compiled within six months of the effective date of this act.
6 (2) Prior to collection of data, a producer shall consult with the agency
7 to specify the material types into which packaging and printed material will be
8 categorized for the purposes of data collection and reporting.
9 (c) Extended producer responsibility program costs.
10 (1) A producer shall pay all costs associated with the administration and
11 operation of the producer’s extended producer responsibility program,
12 development of an approved program plan, and implementation of an approved
13 program plan, including: costs of recycling, collection, and transport; and
14 costs of any reuse, processing, or processing residuals management for printed
15 materials and packaging;
16 (2) No producer or collector operating on behalf of a producer operating
17 under an approved program plan shall charge a fee to a generator of discarded
18 print material or packaging for the collection, transportation, or processing of
19 printed material or packaging for recycling.
BILL AS INTRODUCED H.218
2011 Page 9 of 27
VT LEG 261937.6
(d) 1 Producer annual report.
2 (1) A producer shall submit an annual report to the secretary beginning
3 six months after the end of the first full year of a program plan’s operation and
4 annually thereafter.
5 (2) The annual report shall describe for the preceding year:
6 (A) The weight, by type of material, of printed material and
7 packaging distributed by a producer in the state;
8 (B) The weight, by type of material, of printed materials and
9 packaging collected by the producer for recycling in the state;
10 (C) For the printed material and packaging reported under
11 subdivision (B) of this subsection, the amount of material processed for
12 recycling at each processing facility used and the amount of processing
13 residuals disposed of at each disposal facility receiving the residuals;
14 (D) The degree to which recovery rate goals established in the
15 program plan were achieved and, if the program did not attain those recovery
16 rates, the proposed actions for future achievement of the recovery rate goals;
17 (E) The financing system for the producer’s extended producer
18 responsibility program;
19 (F) The public education and outreach activities implemented,
20 including an analysis of the activities’ effectiveness; and
21 (G) Other information the secretary may request.
BILL AS INTRODUCED H.218
2011 Page 10 of 27
VT LEG 261937.6
(e) Producer responsibility 1 organizations.
2 (1) A producer may satisfy its obligations under this chapter by
3 participating in a producer responsibility organization that assumes the
4 producer’s obligations and requirements under this chapter.
5 (2) A producer responsibility organization shall:
6 (A) Not create unreasonable barriers for participation in the
7 organization.
8 (B) Maintain a public website that lists all producers and brands
9 covered by the organization’s program plan.
10 (C) Satisfy the requirements of this chapter for each producer that is a
11 member of the producer responsibility organization.
12 (D) In the annual report required under subsection (d) of this section,
13 submit a list of any participating company that is more than 180 days past due
14 for fee payments.
15 (3) Exemption from antitrust provisions. A producer responsibility
16 organization and its producer members may engage in anticompetitive
17 behavior to the extent necessary to develop and implement the organization’s
18 producer responsibility plan. In developing and implementing the plan, a
19 producer responsibility organization is immune from liability for conduct
20 under state laws relating to antitrust, restraint of trade, unfair trade practices,
21 and other regulation of trade or commerce.
BILL AS INTRODUCED H.218
2011 Page 11 of 27
VT LEG 261937.6
(4) A producer responsibility organization may 1 participate in regional,
2 multistate organizations or compacts to assist in carrying out the requirements
3 of this chapter.
4 § 6674. PROGRAM PLAN
5 (a) Plan preparation and submission.
6 (1) Each producer or producer responsibility organization within 12
7 months of the effective date of this act shall develop a written program plan for
8 printed material and packaging distributed in the state and shall submit the plan
9 to the secretary for review and approval.
10 (2) A producer or producer responsibility organization shall consult with
11 stakeholders during the development of the plan, solicit stakeholder comment,
12 and attempt to address any stakeholder concerns regarding the plan before
13 submitting the plan to the secretary for review.
14 (3) At least every five years, a producer or producer responsibility
15 organization operating an extended producer responsibility program shall
16 update its program plan and submit the updated plan to the secretary for review
17 and approval.
18 (b) Plan content. A program plan shall contain:
19 (1) Participant information, including:
20 (A) Contact information for the producer or organization submitting
21 the plan; and
BILL AS INTRODUCED H.218
2011 Page 12 of 27
VT LEG 261937.6
(B) If the plan is submitted by a producer responsibility 1 organization:
2 (i) A description of the producers eligible to participate in the
3 plan;
4 (ii) A list of producers and brands included in the plan;
5 (iii) A description of the method by which additional producers
6 subject to the requirements of this chapter and eligible for participation in a
7 producer responsibility program will be identified.
8 (2) Recovery program elements. The plan shall include a description of
9 the methods by which printed materials and packaging will be collected and
10 recovered in a statewide program. A recovery program shall, at a minimum:
11 (A) Provide for collection and recovery of printed materials and
12 packaging within six months of plan approval by the secretary;
13 (B) Be designed to be convenient and to provide a reasonable level of
14 service to meet the needs of residents in all areas of the state;
15 (C) Provide for collection of printed material and packaging from
16 households; industrial, commercial, and institutional generators; and public
17 spaces, regardless of who produced the printed material or packaging;
18 (D) Be designed to reduce the quantities of printed material and
19 packaging improperly disposed of as litter or at unlicensed sites;
20 (E) Provide for the safe and secure transport, tracking, and handling
21 of collected printed materials and packaging, including provisions for the
BILL AS INTRODUCED H.218
2011 Page 13 of 27
VT LEG 261937.6
environmentally sound collection, handling, 1 and management of printed
2 materials and packaging and for adequate insurance and financial assurance for
3 collection, handling, recycling, and processing residual disposal operations
4 under the program plan;
5 (F) Be designed to encourage the highest and best use for collected
6 printed material and packaging; and
7 (G) Describe the public education and outreach efforts that will be
8 implemented in all areas of the state to support the program, including
9 descriptions of the materials that: publicize the location and operation of
10 collection programs throughout the state; publicize a website listing collection
11 programs; promote the program to retailers, wholesalers, collectors, and other
12 interested parties; and identify quantitative and qualitative research to monitor
13 public awareness of the program and effectiveness of outreach efforts.
14 (3) Existing infrastructure use and transition. A plan shall maximize use
15 of existing recovery infrastructure to the extent practical and shall include:
16 (A) Baseline information on collectors, transporters, and processors
17 involved in the recovery of printed materials and packaging generated in
18 Vermont and their anticipated role in the program;
19 (B) A description of how municipalities, solid waste districts, and
20 waste management service providers will be involved in the program;
BILL AS INTRODUCED H.218
2011 Page 14 of 27
VT LEG 261937.6
(C) A proposal for incorporating existing 1 public infrastructure into
2 the program. Such a proposal may include a transition period of up to five
3 years from the effective date of the program plan during which reasonable
4 transfer of and fair compensation for assets, the responsibilities for existing
5 contracts, and the role of existing solid waste districts can be determined.
6 (c) Performance goals. The minimum overall recovery goal for a program
7 plan is to achieve a recovery rate of no less than 60 percent within five years of
8 implementation of the plan. The plan shall include:
9 (1) An estimate of the total quantity and percentage of printed material
10 and packaging that will be collected for recovery during each of the five years
11 following approval of the program plan;
12 (2) A description of how data on the quantities of printed material and
13 packaging collected for recovery will be collected and reported;
14 (3) An assessment of anticipated issues, challenges, and barriers to
15 achieving program goals and objectives. If a producer considers it infeasible to
16 comply with the minimum overall recovery goal of 60 percent within five
17 years from plan implementation, the producer shall apply to the secretary for
18 approval of a revised minimum overall recovery goal. An application for a
19 reduced overall recovery goal shall include:
20 (A) an explanation of why a 60-percent recovery goal is not feasible;
21 (B) a proposed, alternative recovery goal;
BILL AS INTRODUCED H.218
2011 Page 15 of 27
VT LEG 261937.6
(C) a demonstration of how the plan shall 1 achieve significant and
2 continuous improvement toward a 60-percent overall recovery goal; and
3 (4) Research and development activities that will be undertaken to
4 improve program performance including market development activities and
5 actions to overcome other barriers to recovery, including those for
6 nonrecyclable or difficult-to-recycle material used by producers.
7 (d) Program costs. A program plan shall include:
8 (1) The projected first-year budget for implementing the program
9 including operating and administrative costs, costs to develop the plan, and
10 agency administrative and oversight costs;
11 (2) If the plan is submitted by a producer responsibility program, a
12 description of how program costs will be allocated among member producers
13 in a manner that reflects the differential costs to manage different types of
14 materials;
15 (3) If the plan is submitted by a producer responsibility program, the
16 methodology that will be used for calculating fees to be assessed against
17 producers participating in the program; and
18 (4) If the plan is submitted by a producer responsibility program, a
19 schedule of fee rates to cover the costs for the first year of the program.
BILL AS INTRODUCED H.218
2011 Page 16 of 27
VT LEG 261937.6
§ 6675. AGENCY 1 RESPONSIBILITIES
2 (a) Review and approve producer responsibility plans for printed paper and
3 packaging.
4 (1) Within 90 days after receiving a plan, the secretary shall approve
5 plans that comply with the requirements of this chapter and reject plans that do
6 not meet the requirements. The secretary shall notify the applicant of a plan
7 approval in writing. If the secretary rejects a plan, the secretary shall notify the
8 applicant in writing of the reasons for rejecting the plan. An applicant whose
9 plan has been rejected by the secretary shall submit a revised plan to the
10 secretary within 60 days after receiving notice of the rejection.
11 (2) Public input. As part of the 90-day review period under this
12 subsection (a), the agency shall establish a process under which a proposed
13 program plan is available for public comment for 30 days. The agency shall
14 consult with interested persons, including producers, environmental groups,
15 wholesalers, retailers, municipalities, and solid waste districts regarding a
16 proposed program plan.
17 (3) Criteria. The secretary shall approve a plan if it:
18 (A) Provides convenient collection opportunities for printed material
19 and packaging throughout the state;
20 (B) Provides adequate notice to the public of the collection
21 opportunities available;
BILL AS INTRODUCED H.218
2011 Page 17 of 27
VT LEG 261937.6
(C) Provides sufficient collection and program 1 support to achieve the
2 program performance goals after five years; and
3 (D) Adequately addresses the requirements of section 6674 of this
4 title.
5 (b) De minimis exemption. The secretary, after consultation with
6 producers, producer responsibility organizations, and other stakeholders as
7 required under subsection (d) of this section, shall establish administratively
8 simple de minimis exemptions for identified categories of printed materials
9 and packaging. For the first year of the program, a producer with total gross
10 annual sales in Vermont of less than $750,000.00 shall be exempt from the
11 requirements of this chapter. The secretary annually shall review the de
12 minimis exemptions for each category of printed material or packaging and
13 may amend the threshold for a de minimis exemption by procedure.
14 (c) Public access. All program plans approved by the secretary, annual
15 reports, and lists of producers and brands included in an approved plan shall be
16 available on an agency website or by a link to a producer’s or producer
17 responsibility organization’s website and shall be available at the agency’s
18 headquarters for public review within 30 days of receipt by the secretary.
19 (d) Consultation. The agency shall consult with producers and producer
20 responsibility organizations regarding:
BILL AS INTRODUCED H.218
2011 Page 18 of 27
VT LEG 261937.6
(1) the development of material types or categories 1 of printed material
2 or packaging for reporting and other regulation;
3 (2) additional printed materials or packaging, the disposal of which
4 should be prohibited under section 6679 of this title;
5 (3) issues that may arise in the development and operation of program
6 plans.
7 (e) Public comment. One year after the effective date of a program and
8 every other year thereafter, the secretary shall solicit comments from
9 municipalities, solid waste districts, the public, nonprofit organizations, and
10 other interested parties regarding their satisfaction with the services provided
11 under the program plan. The secretary shall use this information and the
12 reports submitted by producers, groups of producers, and producer
13 responsibility organizations operating on behalf of producers to determine the
14 degree to which the programs are meeting the convenience requirements under
15 section 6674 of this title and to evaluate future plans.
16 (f) Variable rate pricing. One year after the effective date of this act, the
17 agency shall propose by procedure standards for the variable rate pricing
18 programs required under section 6677 of this title, including minimum criteria
19 that municipalities and solid waste districts shall meet while implementing
20 variable rate pricing, provided that criteria adopted under this section shall
BILL AS INTRODUCED H.218
2011 Page 19 of 27
VT LEG 261937.6
allow for flexibility in how variable rate pricing programs 1 are designed and
2 implemented.
3 § 6676. AGENCY FEES AND COSTS
4 (a) Agency fees. The secretary may establish and charge fees to producers
5 and producer responsibility organizations for:
6 (1) reviewing program plans submitted for approval;
7 (2) monitoring the effectiveness of approved plans; and
8 (3) enforcing this chapter.
9 (b) Reimbursement of agency costs.
10 (1) The secretary may require:
11 (A) an applicant submitting a program plan to pay for the cost of
12 research, scientific, or engineering expertise or services that the agency does
13 not have when such expertise or services are required for the processing of the
14 application for review and approval of the program plan; or
15 (B) a producer or a producer responsibility organization to pay for
16 the time of agency personnel providing research, scientific, or engineering
17 services or for the cost of expert witnesses when agency personnel or expert
18 witnesses are required for the monitoring and enforcement of provisions of an
19 approved program plan.
20 (2) Prior to commencing or contracting for research, scientific, or
21 engineering expertise or services or contracting for expert witnesses for which
BILL AS INTRODUCED H.218
2011 Page 20 of 27
VT LEG 261937.6
the secretary intends to seek cost reimbursement 1 under this subsection, the
2 secretary shall notify the applicant in writing of the secretary’s intent to assess
3 costs under this subsection and shall provide the applicant with a cost estimate.
4 (3) The secretary may enter into agreements with an applicant for a
5 program plan under which either the applicant or the agency shall provide or
6 pay for the necessary research, scientific, or engineering expertise or services
7 or expert witnesses.
8 (c) Creation of printed material and packaging fund. There is hereby
9 established a fund in which fees charged and penalties assessed under this
10 chapter shall be deposited. The funds shall be used by the agency for the costs
11 incurred to implement, administer, and enforce this chapter. Once these costs,
12 including costs for outside expertise, are paid, balances shall be used by the
13 agency first to further the purposes of this chapter, including identifying
14 additional actions required of producers to meet recovery goals, and second to
15 achieve any additional environmental purpose of the state of Vermont. Interest
16 earned by the fund shall be credited to and deposited in the fund. All balances
17 in the fund at the end of the fiscal year shall be carried forward and remain a
18 part of the fund.
19 § 6677. MUNICIPALITIES AND SOLID WASTE DISTRICTS
20 (a) Within one year of approval of a program plan for printed material and
21 packaging, municipalities and solid waste districts shall implement variable
BILL AS INTRODUCED H.218
2011 Page 21 of 27
VT LEG 261937.6
rate pricing for the collection and disposal of 1 household waste that is not
2 collected or disposed of under a producer responsibility plan required by this
3 chapter.
4 (b) Municipalities and other public agencies are encouraged to work with
5 producers and producer responsibility organizations to assist them in meeting
6 their recycling obligations under this chapter.
7 § 6678. RETAILERS
8 (a) Sale prohibited. No retailer shall sell or offer for sale printed material
9 or packaging unless the retailer has reviewed the agency website required in
10 subdivision 6673(a)(2)(B) of this title to determine that the producer of the
11 printed material or packaging is implementing an approved extended producer
12 responsibility program plan or is a member of a producer responsibility
13 organization that is implementing an approved extended producer
14 responsibility program plan or is exempt through the de minimis provisions
15 established in section 6675 of this title.
16 (b) Exceptions. A retailer shall not be responsible for an unlawful sale
17 under this chapter if the retailer took possession of the printed material or
18 packaging prior to the effective date of a producer responsibility plan for the
19 material or if the sale takes place after the expiration or revocation of a
20 producer responsibility plan.
BILL AS INTRODUCED H.218
2011 Page 22 of 27
VT LEG 261937.6
§ 6679. PROHIBITIONS 1 ON DISPOSAL
2 Beginning one year after the effective date of this act or of an approved
3 program plan for printed materials and packaging, no person shall knowingly
4 dispose in landfills the following printed material or packaging material types:
5 aluminum cans, glass bottles and jars, high density polyethylene (HDPE)
6 bottles and jugs, old corrugated cardboard (OCC), old magazines (OMG), old
7 newsprint (ONP), polyethylene terephthalate (PET) bottles and jars, or steel
8 cans.
9 § 6680. ENFORCEMENT; PENALTIES
10 A person who violates any provision of this chapter, rules adopted under
11 this chapter, or the terms or conditions of any program plan approved by the
12 secretary shall be subject to an administrative penalty. All penalties assessed
13 under this section shall be deposited in the fund established under
14 subsection 6676(c) of this title.
15 § 6681. RULEMAKING
16 The secretary may adopt rules to implement the requirements of this
17 chapter.
BILL AS INTRODUCED H.218
2011 Page 23 of 27
VT LEG 261937.6
Sec. 3. 10 V.S.A. 1 § 8003 is amended to read:
2 § 8003. APPLICABILITY
3 (a) The secretary may take action under this chapter to enforce the
4 following statutes and rules, permits, assurances, or orders implementing the
5 following statutes:
6 (1) [Deleted.]
7 (2) 10 V.S.A. chapter 23, relating to air quality;
8 (3) 10 V.S.A. chapters 47 and 56, relating to water pollution control,
9 water quality standards, and public water supply;
10 (4) 10 V.S.A. chapters 41 and 43, relating to dams and stream
11 alterations;
12 (5) 10 V.S.A. chapter 37, relating to wetlands protection and water
13 resources management;
14 (6) 10 V.S.A. chapter 48, relating to well drillers and groundwater
15 withdrawal;
16 (7) 10 V.S.A. chapter 53, relating to beverage containers;
17 (8) 10 V.S.A. chapter 59, relating to underground storage tanks;
18 (9) 10 V.S.A. chapter 64, relating to potable water supplies and
19 wastewater systems;
20 (10) 10 V.S.A. chapter 151, relating to land use;
21 (11) [Deleted.]
BILL AS INTRODUCED H.218
2011 Page 24 of 27
VT LEG 261937.6
(12) 10 V.S.A. chapter 159, relating to solid waste, 1 hazardous waste and
2 hazardous materials;
3 (13) 10 V.S.A. chapter 161, relating to low-level radioactive waste;
4 (14) [Deleted.]
5 (15) 29 V.S.A. chapter 11, relating to lands under public waters;
6 (16) 10 V.S.A. chapter 162, relating to the Texas Low-Level
7 Radioactive Waste Disposal Compact;
8 (17) 10 V.S.A. § 2625, relating to heavy cutting of timber;
9 (18) 10 V.S.A. chapter 164, relating to comprehensive mercury
10 management;
11 (19) 24 V.S.A. chapter 61, subchapter 10, relating to salvage yards;
12 (20) 10 V.S.A. chapter 50, relating to the control of aquatic species and
13 introduction of algicides, pesticides, and herbicides; and
14 (21) 10 V.S.A. chapter 166, relating to collection and recycling of
15 electronic waste; and
16 (22) 10 V.S.A. chapter 160A, relating to producer responsibility for the
17 collection and recycling of printed materials and packaging.
18 (b) The secretary’s administrative enforcement authority established by this
19 chapter shall supplement any authority of the secretary established by the
20 chapters set forth in subsection (a) of this section to initiate criminal
BILL AS INTRODUCED H.218
2011 Page 25 of 27
VT LEG 261937.6
proceedings, or civil proceedings under chapters 1 47, 56, 59, and 159 of this
2 title.
3 (c) The authority established by this chapter shall not be construed as
4 negating any constitutional, common law or statutory rights of persons.
5 Sec. 4. 10 V.S.A. § 8503 is amended to read:
6 § 8503. APPLICABILITY
7 (a) This chapter shall govern all appeals of an act or decision of the
8 secretary, excluding enforcement actions under chapters 201 and 211 of this
9 title and rulemaking, under the following authorities and under the rules
10 adopted under those authorities:
11 (1) The following provisions of this title:
12 (A) chapter 23 (air pollution control).
13 (B) chapter 50 (aquatic species control).
14 (C) chapter 41 (regulation of stream flow).
15 (D) chapter 43 (dams).
16 (E) chapter 47 (water pollution control).
17 (F) chapter 48 (groundwater protection).
18 (G) chapter 53 (beverage containers; deposit-redemption system).
19 (H) chapter 55 (aid to municipalities for water supply, pollution
20 abatement, and sewer separation).
21 (I) chapter 56 (public water supply).
BILL AS INTRODUCED H.218
2011 Page 26 of 27
VT LEG 261937.6
(J) chapter 59 (underground and aboveground 1 liquid storage tanks).
2 (K) chapter 64 (potable water supply and wastewater system permit).
3 (L) section 2625 (regulation of heavy cutting).
4 (M) chapter 123 (protection of endangered species).
5 (N) chapter 159 (waste management).
6 (O) chapter 37 (wetlands protection and water resources
7 management).
8 (P) chapter 166 (collection and recycling of electronic waste).
9 (Q) chapter 160A (producer responsibility for the collection and
10 recycling of printed materials and packaging).
11 (2) 29 V.S.A. chapter 11 (management of lakes and ponds).
12 (3) 24 V.S.A. chapter 61, subchapter 10 (relating to salvage yards).
13 (b) This chapter shall govern:
14 (1) All appeals from an act or decision of a district commission under
15 chapter 151 of this title, excluding appeals of application fee refund requests.
16 (2) Appeals from district coordinator jurisdictional opinions under
17 chapter 151 of this title.
18 (3) Appeals from findings of fact and conclusions of law issued by the
19 land use panel in its review of a designated growth center for conformance
20 with the criteria of subsection 6086(a) of this title, pursuant to authority
21 granted at 24 V.S.A. § 2793c(f).
BILL AS INTRODUCED H.218
2011 Page 27 of 27
VT LEG 261937.6
(c) This chapter shall govern all appeals arising 1 under 24 V.S.A. chapter
2 117, the planning and zoning chapter.
3 (d) This chapter shall govern all appeals from an act or decision of the
4 environmental division under this chapter.
5 (e) This chapter shall not govern appeals from rulemaking decisions by the
6 natural resources board under chapter 151 of this title or enforcement actions
7 under chapters 201 and 211 of this title.
8 (f) This chapter shall govern all appeals of acts or decisions of the
9 legislative body of a municipality arising under 24 V.S.A. chapter 61,
10 subchapter 10, relating to the municipal certificate of approved location for
11 salvage yards.
12 Sec. 5. EFFECTIVE DATE
13 This act shall take effect on July 1, 2011.