An act relating to the collection and recycling of waste motor vehicle tires

BILL AS INTRODUCED S.177 2026 Page 1 of 33 VT LEG #385841 v.1 S.177 1 Introduced by Senator White 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 BILL AS INTRODUCED S.177 2026 Page 2 of 33 VT LEG #385841 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 that 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 BILL AS INTRODUCED S.177 2026 Page 3 of 33 VT LEG #385841 v.1 (6) “Manufacturer” means a person that: 1 (A) manufactures or manufactured a motor vehicle tire under the 2 person’s own 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 the person licenses or licensed to another 6 person for use 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 as defined under subdivisions (A) through (E) of this 15 subdivision (6) if a person that 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. 21 BILL AS INTRODUCED S.177 2026 Page 4 of 33 VT LEG #385841 v.1 (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 BILL AS INTRODUCED S.177 2026 Page 5 of 33 VT LEG #385841 v.1 (v) a lawn mower; or 1 (vi) a specialized construction vehicle, such as motorized highway 2 building equipment, a road-making appliance, a tracked vehicle, or 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 that 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 another reason. 20 BILL AS INTRODUCED S.177 2026 Page 6 of 33 VT LEG #385841 v.1 (15) “Waste tire stewardship organization” or “stewardship 1 organization” means an organization appointed by one or more manufacturers 2 to act as an agency on behalf of a manufacturer or manufacturers to design, 3 submit, implement, and administer a waste tire stewardship plan under this 4 chapter. 5 Subchapter 2. Waste Tire Stewardship Program 6 § 7604. SALE OF MOTOR VEHICLE TIRES; STEWARDSHIP 7 ORGANIZATION REGISTRATION 8 Sale prohibited. Beginning on January 1, 2028, except as set forth under 9 section 7609 of this title, a manufacturer of a motor vehicle tire shall not sell, 10 offer for sale, or deliver to a retailer for subsequent sale a motor vehicle tire 11 unless all the following have been met: 12 (1) The manufacturer is: 13 (A) implementing an approved waste tire stewardship plan; or 14 (B) participating in a waste tire stewardship organization that is 15 registered with the Secretary and that is implementing an approved waste tire 16 stewardship plan. 17 (2) The manufacturer or waste tire stewardship organization has paid the 18 fee under section 7620 of this title. 19 BILL AS INTRODUCED S.177 2026 Page 7 of 33 VT LEG #385841 v.1 (3) The name of the manufacturer and the manufacturer’s brands are 1 designated on the Agency website as covered by an approved waste tire 2 stewardship plan. 3 § 7605. REGISTRATION OF MANUFACTURER OR WASTE TIRE 4 STEWARDSHIP ORGANIZATION 5 (a) Manufacturer registration requirements. On or before July 1, 2027, and 6 annually thereafter, a manufacturer of motor vehicle tires sold or offered for 7 sale in the State shall register with the Secretary. 8 (b) Waste tire stewardship organization registration. A manufacturer of 9 motor vehicle tires may meet the requirements of this chapter by participating 10 in a waste tire stewardship organization that registers with the Secretary on or 11 before July 1, 2027, and annually thereafter, and that meets the requirements of 12 section 7606 of this title. 13 (c) Registration form. The Secretary shall provide the registration form to 14 the manufacturer or waste tire stewardship organization. The registration form 15 shall include: 16 (1) for a manufacturer registering independently: 17 (A) a list of the manufacturer’s brands offered for sale in the 18 State; and 19 (B) the name, address, and contact information of a person 20 responsible for ensuring the manufacturer’s compliance with this chapter; and 21 BILL AS INTRODUCED S.177 2026 Page 8 of 33 VT LEG #385841 v.1 (2) for a waste tire stewardship organization: 1 (A) a list of the manufacturers participating in the waste tire 2 stewardship organization; 3 (B) the name, address, and contact information of a person 4 responsible for ensuring each participating manufacturer’s compliance with 5 this chapter; 6 (C) a description of how the waste tire stewardship organization 7 meets the requirements of sections 7604, 7607, and 7608 of this title for 8 manufacturers, including any reasonable requirements for participation in the 9 waste tire stewardship organization; and 10 (D) the name, address, and contact information of a person whom a 11 nonmember manufacturer can contact regarding how to participate in the waste 12 tire stewardship organization as a method of satisfying the requirements of this 13 chapter. 14 (d) Renewal of registration. A manufacturer or waste tire stewardship 15 organization may renew a registration without changes by notifying the 16 Agency of Natural Resources on a form provided by the Secretary. 17 BILL AS INTRODUCED S.177 2026 Page 9 of 33 VT LEG #385841 v.1 § 7606. WASTE TIRE STEWARDSHIP ORGANIZATIONS; 1 REQUIREMENTS 2 Qualifications for a waste tire stewardship organization. To qualify as a 3 waste tire stewardship organization under this chapter, a stewardship 4 organization shall: 5 (1) commit to assume the responsibilities, obligations, and liabilities of 6 the manufacturers participating in the waste tire stewardship organization; 7 (2) not create unreasonable barriers for participation by manufacturers in 8 the waste tire stewardship organization; 9 (3) maintain a public website that lists all manufacturers and 10 manufacturers’ brands covered by the waste tire stewardship organization’s 11 approved waste tire stewardship plan; and 12 (4) register with the Secretary as required under section 7605 of 13 this title. 14 § 7607. WASTE TIRE STEWARDSHIP PLANS 15 (a) Stewardship plan required. On or before October 1, 2027, each 16 manufacturer selling, offering for sale, distributing, or offering for promotional 17 purposes a motor vehicle tire in the State shall individually or as part of a 18 waste tire stewardship organization submit a waste tire stewardship plan to the 19 Secretary for review. 20 BILL AS INTRODUCED S.177 2026 Page 10 of 33 VT LEG #385841 v.1 (b) Waste tire stewardship plan; minimum requirements. Each waste tire 1 stewardship plan shall include, at a minimum, all of the following elements: 2 (1) List of manufacturers and brands. Each waste tire stewardship plan 3 shall list: 4 (A) all participating manufacturers and contact information for each 5 of the participating manufacturers; and 6 (B) the brands of motor vehicle tires covered by the stewardship plan. 7 (2) Free collection of waste tires. Each waste tire stewardship plan shall 8 provide for the collection of waste tires from covered entities at no cost to 9 covered entities. A manufacturer shall not refuse the collection of a waste tire 10 based on the brand or manufacturer of the motor vehicle tire. 11 (3) Convenient collection location. Each waste tire stewardship 12 plan shall: 13 (A) Provide for notification of all retailers of the opportunity to 14 participate at no cost as a collection location under the plan. 15 (B) Allow all retailers that meet the requirements specified in the 16 plan, all municipalities, and all certified solid waste management facilities to 17 opt to be a collection facility under the plan at no cost to the retailer, 18 municipality, or certified solid waste management facility. 19 BILL AS INTRODUCED S.177 2026 Page 11 of 33 VT LEG #385841 v.1 (C) Provide, at a minimum, in each county of the State not fewer than 1 two collection facilities that provide for the collection of waste tires throughout 2 the year. All collection facilities shall be specified in the plan. 3 (D) Provide for the acceptance from a covered entity of up to 12 4 waste tires per visit. A collection facility may agree to accept more than 12 5 waste tires per visit. 6 (4) Legacy waste tire pile response. Each waste tire stewardship plan 7 shall include a proposed method of collecting tires from or eliminating legacy 8 waste tire piles in the State. Proposed methods may include financial 9 payments to property owners, bounties on collection, or other incentives. 10 (5) Collection rate. Each waste tire stewardship plan shall include a 11 collection rate performance goal approved by the Secretary. In the first year of 12 the plan, manufacturers shall have a collection rate performance goal of 50 13 percent of the participating manufacturer’s motor vehicle tires sold, by unit, in 14 the State in the previous calendar year. 15 (6) Method of disposition. Each waste tire stewardship plan shall 16 include a description of the method that will be used to manage waste tires 17 responsibly. A manufacturer or waste tire stewardship organization shall 18 recycle or reuse at least 50 percent of collected waste tires, provided that the 19 use of waste tires as tire-derived fuel shall not be considered reuse or 20 recycling. 21 BILL AS INTRODUCED S.177 2026 Page 12 of 33 VT LEG #385841 v.1 (7) Education and outreach. Each waste tire stewardship plan shall 1 include an education and outreach program that may include media 2 advertising, retail displays, articles in publications, and other public 3 educational efforts. At a minimum, the education and outreach program shall 4 notify the public of the following: 5 (A) that there is a free collection program for waste tires; 6 (B) the location of collection points for waste tires and how a covered 7 entity can access the collection program; and 8 (C) the opportunity for retailers, manufacturers, and certified solid 9 waste management facilities to participate in a waste tire stewardship plan at 10 no cost. 11 (8) Compliance with appropriate environmental standards. In 12 implementing a waste tire stewardship plan, a manufacturer shall comply with 13 all applicable laws related to the collection, transportation, and disposal of 14 waste tires. 15 (9) Reimbursement. A waste tire stewardship plan shall include 16 a reimbursement procedure that is consistent with the requirements of 17 subchapter 3 of this chapter. 18 (c) Implementation. A manufacturer or a waste tire stewardship 19 organization shall include provisions in the waste tire stewardship plan for the 20 implementation of the program in conjunction with those retailers, 21 BILL AS INTRODUCED S.177 2026 Page 13 of 33 VT LEG #385841 v.1 municipalities, and certified solid waste management facilities acting as 1 collection facilities under a program. A manufacturer or waste tire stewardship 2 organization shall not impose transportation or recycling costs on retailers, 3 municipalities, or certified solid waste management facilities acting as 4 collection facilities under a program. A manufacturer or waste tire stewardship 5 organization shall provide retailers, municipalities, and certified solid waste 6 management facilities acting as collection facilities with products or equipment 7 for setting up a collection point and for providing for the pickup of collected 8 waste tires, including arranging for the management of those waste tires. 9 (d) Term of waste tire stewardship plan. A stewardship plan approved by 10 the Secretary under section 7610 of this title shall have a term not to exceed 11 five years, provided that the manufacturer remains in compliance with the 12 requirements of this chapter and the terms of the approved plan. 13 § 7608. ANNUAL REPORT; PLAN AUDIT 14 (a) Annual report. On or before March 1, 2029, and annually thereafter, a 15 manufacturer of motor vehicle tires or a waste tire stewardship organization 16 representing manufacturers of motor vehicle tires shall submit a report to the 17 Secretary that contains the following: 18 (1) the estimated total number of motor vehicle tires sold in the State in 19 the previous calendar year; 20 BILL AS INTRODUCED S.177 2026 Page 14 of 33 VT LEG #385841 v.1 (2) the number of waste tires collected by the manufacturer or the waste 1 tire stewardship organization in the prior calendar year; 2 (3) the collection rate achieved in the prior calendar year under the 3 waste tire stewardship plan; 4 (4) the locations for all collection points set up by the manufacturer or 5 the waste tire stewardship organization and contact information for each 6 location; 7 (5) examples and a description of the educational materials used to 8 increase collection; 9 (6) the manner in which the collected waste tires were managed, 10 including: 11 (A) the number of waste tires collected from legacy waste tire piles; 12 (B) the number of collected waste tires recycled or reused; and 13 (C) the number of collected waste tires disposed of as tire-derived 14 fuel or otherwise incinerated; 15 (7) any material change to the waste tire stewardship plan approved by 16 the Secretary under section 7610 of this title; and 17 (8) the cost of implementation of the waste tire stewardship plan, 18 including the costs of collection, recycling, education, and outreach. 19 (b) Plan audit. Beginning on January 1, 2033, and every five years 20 thereafter, a manufacturer or waste tire stewardship organization shall hire an 21 BILL AS INTRODUCED S.177 2026 Page 15 of 33 VT LEG #385841 v.1 independent third party to audit the plan and plan operation. The auditor shall 1 examine the effectiveness of the plan in collecting and disposing of waste tires. 2 The auditor shall examine the cost-effectiveness of the plan and compare it to 3 that of waste tire stewardship plans in other jurisdictions. The auditor shall 4 make recommendations to the Secretary on ways to increase the efficacy and 5 cost-effectiveness of the waste tire stewardship plan. 6 § 7609. NEW MANUFACTURERS; SMALL MANUFACTURERS 7 (a) New manufacturers. 8 (1) A manufacturer of a motor vehicle tire that, after January 1, 2028, 9 seeks to sell, offer for sale, or offer for promotional purposes in the State a 10 motor vehicle tire not previously sold in the State shall notify the Secretary 11 prior to selling or offering for sale or promotion a motor vehicle tire not 12 covered by an approved waste tire stewardship plan. 13 (2) The Secretary shall list a manufacturer that supplies notice under this 14 subsection as a “new manufacturer” on the Agency’s website. A manufacturer 15 that supplies notice under this subsection shall have 90 days, not including the 16 time required for public comment under subsection 7610(d) of this title, to 17 either join an existing waste tire stewardship organization or submit a waste 18 tire stewardship plan for approval to the Secretary. 19 BILL AS INTRODUCED S.177 2026 Page 16 of 33 VT LEG #385841 v.1 (b) Small manufacturers. A manufacturer that annually sells, offers for 1 sale, or distributes in or imports into the State motor vehicles with a total retail 2 value of less than $5,000.00 is exempt from the requirements of this chapter. 3 § 7610. AGENCY RESPONSIBILITIES 4 (a) Review and approval of stewardship plans. The Secretary shall review 5 and approve or deny waste tire stewardship plans submitted under section 7607 6 of this title. The Secretary shall approve a waste tire stewardship plan if the 7 Secretary finds that the plan: 8 (1) complies with the requirements of subsection 7607(b) of this title; 9 (2) provides adequate notice to the public of the collection opportunities 10 available for waste tires; 11 (3) ensures that the collection of waste tires will occur in an 12 environmentally sound fashion that is consistent with the law; and 13 (4) promotes the collection and disposal of waste tires. 14 (b) Assessment of performance. The Secretary shall assess each 15 manufacturer’s or waste tire stewardship organization’s performance under an 16 approved waste tire stewardship plan, including whether a manufacturer or 17 waste tire stewardship organization achieved the collection rate performance 18 goal for the year. If a manufacturer or waste tire stewardship organization fails 19 to achieve its collection rate performance goal, the Secretary shall impose a 20 penalty under section 7612 of this title. 21 BILL AS INTRODUCED S.177 2026 Page 17 of 33 VT LEG #385841 v.1 (c) Plan amendment. The Secretary, in the Secretary’s discretion or at the 1 request of a manufacturer or a waste tire stewardship organization, may require 2 a manufacturer or a stewardship organization to amend an approved plan. The 3 Secretary shall subject all plan amendments to the public input provisions of 4 subsection (d) of this section. 5 (d) Public input. Approval of or amendment to the waste tire stewardship 6 plan shall be subject to the public input provisions of section 7714 of this title. 7 (e) Registrations. The Secretary shall accept, review, and approve or deny 8 the manufacturer registrations or the waste tire stewardship organization 9 registrations required by this chapter. The Secretary may revoke a registration 10 of a manufacturer or a waste tire stewardship organization for actions that are 11 unreasonable, unnecessary, or contrary to the requirements or the policy of this 12 chapter. 13 (f) Supervisory capacity. The Secretary shall act in a supervisory capacity 14 over the actions of a manufacturer or a waste tire stewardship organization 15 registered under this chapter. In acting in this capacity, the Secretary shall 16 review the actions of the manufacturer or the waste tire stewardship 17 organization to ensure that they are reasonable, necessary, and limited to 18 carrying out the requirements of and the policy established by this chapter. 19 BILL AS INTRODUCED S.177 2026 Page 18 of 33 VT LEG #385841 v.1 (g) Special handling requirements. The Secretary may adopt, by rule, 1 special handling requirements for the collection, transport, and disposal of 2 waste tires. 3 (h) Approved plans; internet posting. The Secretary shall post on the 4 Agency website the names of all manufacturers and manufacturers’ brands that 5 are covered under an approved waste tire stewardship plan. For waste tire 6 stewardship organizations, the Secretary may link to the list of manufacturers 7 and manufacturers’ brands on the waste tire stewardship organization’s 8 website. 9 § 7611. RETAILER OBLIGATIONS 10 (a) Sale prohibited. Except as set forth under subsection (b) of this section, 11 beginning on January 1, 2028, no retailer shall sell or offer for sale a motor 12 vehicle tire unless the producer of the motor vehicle tire is implementing an 13 approved stewardship plan, is a member of a stewardship organization that is 14 implementing an approved stewardship plan, or is exempt from participation in 15 a plan. 16 (b) Inventory exception; expiration or revocation of manufacturer 17 registration. A retailer shall not be responsible for an unlawful sale of a motor 18 vehicle tire under subsection (a) of this section if: 19 (1) the retailer purchased the motor vehicle tire prior to January 1, 20 2028; or 21 BILL AS INTRODUCED S.177 2026 Page 19 of 33 VT LEG #385841 v.1 (2) the manufacturer’s waste tire stewardship plan expired or was 1 revoked, and the retailer took possession of the in-store inventory of motor 2 vehicle tires prior to the expiration or revocation of the manufacturer’s waste 3 tire stewardship plan. 4 (c) Educational material. A manufacturer or waste tire stewardship 5 organization supplying motor vehicle tires to a retailer shall provide the retailer 6 with educational materials describing collection opportunities for waste tires. 7 The retailer shall make the educational materials available to covered entities. 8 § 7612. PENALTIES FOR FAILURE TO ACHIEVE COLLECTION 9 PERFORMANCE GOAL 10 (a) Assessment of penalty. The Secretary shall assess a penalty against a 11 manufacturer or waste tire stewardship organization that fails to achieve the 12 collection rate performance goal in its waste tire stewardship plan. 13 (b) Amount of penalty. The Secretary shall assess a penalty under this 14 section as follows: 15 (1) If the manufacturer achieved less than 50 percent of the collection 16 rate performance goal, the manufacturer shall pay a penalty of $1.00 per tire 17 difference between the collection rate performance goal and the actual number 18 of waste tires collected in the calendar year. 19 (2) If the manufacturer achieved 50 percent or greater of the collection 20 rate performance goal, the manufacturer shall pay a penalty of $0.50 per tire 21 BILL AS INTRODUCED S.177 2026 Page 20 of 33 VT LEG #385841 v.1 difference between the collection rate performance goal and the actual number 1 of waste tires collected in the calendar year. 2 (c) Disposition of penalties. The Secretary shall deposit penalties collected 3 under this section in the Solid Waste Management Assistance Account of the 4 Waste Management Assistance Fund for the proper disposal of waste tires as 5 provided for in subdivision 6618(b)(10) of this title, including the elimination 6 of legacy waste tire piles. 7 Subchapter 3. Reimbursement and Cost Recovery 8 § 7614. REIMBURSEMENT; AUTHORIZATION 9 (a) Reimbursement of motor vehicle tire manufacturers. 10 (1) A manufacturer or a waste tire stewardship organization operating 11 under an approved waste tire stewardship plan that collects waste tires that are 12 not listed under its approved waste tire stewardship plan is entitled to 13 reimbursement from the manufacturer of the collected waste tires or the waste 14 tire stewardship organization representing the manufacturer of the collected 15 waste tires of reimbursable costs per tire incurred in collecting the waste tires. 16 (2) Reimbursement may be requested by a collecting manufacturer or 17 waste tire stewardship organization only after that manufacturer or stewardship 18 organization has achieved the collection rate performance goal approved by the 19 Secretary under section 7607 of this title. 20 BILL AS INTRODUCED S.177 2026 Page 21 of 33 VT LEG #385841 v.1 (b) Reimbursable costs. Under this subchapter, a manufacturer or a waste 1 tire stewardship organization may seek reimbursement only for those costs 2 incurred in collecting the waste tires subject to the reimbursement request. 3 Reimbursable costs include: 4 (1) costs of collection, transport, recycling, and other methods of 5 disposition identified in an approved waste tire stewardship plan; and 6 (2) reasonable educational, promotional, or administrative costs. 7 § 7615. REIMBURSEMENT PROCESS 8 (a) Reimbursement request. 9 (1) A manufacturer or waste tire stewardship organization that incurs 10 reimbursable costs under section 7614 of this title shall submit a request to the 11 manufacturer of the collected waste tire or the waste tire stewardship 12 organization in which the manufacturer of the collected waste tire is 13 participating. 14 (2) A manufacturer or waste tire stewardship organization that receives 15 a request for reimbursement may, prior to payment and within 30 days after 16 receipt of the request for reimbursement, request an independent audit of 17 submitted reimbursement costs. 18 (3) The independent auditor shall verify the reasonableness of the 19 reimbursement request, including the costs sought for reimbursement, the 20 BILL AS INTRODUCED S.177 2026 Page 22 of 33 VT LEG #385841 v.1 amount of reimbursement, and the reimbursable costs assessed by each of the 1 two programs. 2 (4) If the independent audit confirms the reasonableness of the 3 reimbursement request, the manufacturer or waste tire stewardship 4 organization requesting the audit shall pay the cost of the audit and the amount 5 of the reimbursement calculated by the independent auditor. If the 6 independent audit indicates that the reimbursement request was not reasonable, 7 the manufacturer or waste tire stewardship organization that initiated the 8 reimbursement request shall pay the cost of the audit and the amount of the 9 reimbursement calculated by the independent auditor. 10 (b) Role of Agency. The Agency shall not provide assistance or otherwise 11 participate in a reimbursement request, audit, or other action under this section, 12 unless subject to subpoena before a court of jurisdiction. 13 § 7616. PRIVATE RIGHT OF ACTION 14 (a) Action against manufacturer with no waste tire stewardship plan. A 15 manufacturer or waste tire stewardship organization implementing an approved 16 waste tire stewardship plan in compliance with the requirements of this chapter 17 may bring a civil action against another manufacturer or waste tire stewardship 18 organization for damages when: 19 (1) the plaintiff manufacturer or waste tire stewardship organization 20 incurs more than $1,000.00 in actual reimbursable costs collecting, handling, 21 BILL AS INTRODUCED S.177 2026 Page 23 of 33 VT LEG #385841 v.1 recycling, or properly disposing of waste tires that were sold or offered for sale 1 in the State by that other manufacturer; and 2 (2) the manufacturer from which damages are sought: 3 (A) can be identified as the manufacturer of the collected waste tires 4 from a brand or marking on the waste tire or from other information available 5 to the plaintiff manufacturer or waste tire stewardship organization; and 6 (B) does not operate or participate in an approved waste tire 7 stewardship organization in the State or is not otherwise in compliance with 8 the requirements of this chapter. 9 (b) Action against manufacturer with an approved waste tire stewardship 10 plan. A manufacturer or waste tire stewardship organization in compliance 11 with the requirements of this chapter may bring a civil action for damages 12 against a manufacturer or waste tire stewardship organization in the State that 13 is in compliance with the requirements of this chapter, provided that: 14 (1) a plaintiff manufacturer or waste tire stewardship organization 15 submitted a reimbursement request to another manufacturer or waste tire 16 stewardship organization under section 7615 of this title; and 17 (2) the manufacturer or waste tire stewardship organization does not 18 receive reimbursement within: 19 (A) 90 days after the reimbursement request, if no independent audit 20 is requested under section 7615 of this title; or 21 BILL AS INTRODUCED S.177 2026 Page 24 of 33 VT LEG #385841 v.1 (B) 60 days after completion of an audit if an independent audit is 1 requested under section 7615 of this title, and the audit confirms the validity of 2 the reimbursement request. 3 (c) Action against individual manufacturer. 4 (1) A civil action under this section may be brought against an 5 individual manufacturer only if the manufacturer is implementing its own 6 waste tire stewardship plan or the manufacturer has failed to register to 7 participate in a waste tire stewardship plan. 8 (2) A manufacturer participating in an approved waste tire stewardship 9 plan covering multiple manufacturers shall not be sued individually for 10 reimbursement. 11 (3) An action against a manufacturer participating in a waste tire 12 stewardship plan covering multiple manufacturers shall be brought against the 13 stewardship organization implementing the plan. 14 (d) Role of Agency. The Agency shall not be a party to or be required to 15 provide assistance or otherwise participate in a civil action authorized under 16 this section solely due to its regulatory requirements under this chapter, unless 17 subject to subpoena before a court of jurisdiction. 18 (e) Damages; definition. As used in this section, “damages” means the 19 actual, reimbursable costs a plaintiff manufacturer or waste tire stewardship 20 organization incurs in collecting, handling, recycling, or properly disposing of 21 BILL AS INTRODUCED S.177 2026 Page 25 of 33 VT LEG #385841 v.1 waste tires reasonably identified as having originated from another 1 manufacturer or waste tire stewardship organization. 2 Subchapter 4. General Provisions 3 § 7618. CONFIDENTIALITY OF SUBMITTED DATA 4 (a) Confidentiality. The Secretary shall make the reports and data 5 submitted under this chapter available for public inspection and copying, 6 provided that: 7 (1) information protected under the Uniform Trade Secrets Act, as 8 codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 9 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under 10 the Public Records Act; and 11 (2) the Secretary may publish information that is confidential under 12 subdivision (1) of this subsection in a summary or aggregated form that does 13 not directly or indirectly identify individual manufacturers, distributors, or 14 retailers. 15 (b) Omission of trade secret information. The Secretary may require, as 16 part of a report submitted under this chapter, that the manufacturer or waste 17 tire stewardship organization submit a report that does not contain trade secret 18 information and is available for public inspection and review. 19 (c) Total number of waste tires. The total number of waste tires collected 20 under an approved waste tire stewardship plan is not confidential business 21 BILL AS INTRODUCED S.177 2026 Page 26 of 33 VT LEG #385841 v.1 information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. 1 chapter 143, and is subject to inspection and review under the Public Records 2 Act, 1 V.S.A. chapter 5, subchapter 3. 3 § 7619. ANTITRUST; CONDUCT AUTHORIZED 4 (a) Activity authorized. A manufacturer, a group of manufacturers, or a 5 waste tire stewardship organization implementing or participating in an 6 approved waste tire stewardship plan under this chapter for the collection, 7 transport, processing, and end-of-life management of waste tires is individually 8 or jointly immune from liability for conduct under State laws relating to 9 antitrust, restraint of trade, unfair trade practices, and other regulation of trade 10 or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the 11 conduct is reasonably necessary to plan, implement, and comply with the 12 manufacturer’s, group of manufacturers’, or waste tire stewardship 13 organization’s chosen system for managing waste tires. This subsection shall 14 also apply to conduct of a retailer or wholesaler participating in a waste tire 15 stewardship organization’s approved waste tire stewardship plan when the 16 conduct is necessary to plan and implement the manufacturer’s or waste tire 17 stewardship organization’s collection or recycling system for waste tires. 18 (b) Limitations on antitrust activity. Subsection (a) of this section shall not 19 apply to an agreement among manufacturers, groups of manufacturers, 20 retailers, wholesalers, or waste tire stewardship organizations affecting the 21 BILL AS INTRODUCED S.177 2026 Page 27 of 33 VT LEG #385841 v.1 price of motor vehicle tires or any agreement restricting the geographic area in 1 which, or customers to whom, motor vehicle tires are sold. 2 § 7620. FEES 3 (a) A manufacturer or waste tire stewardship organization shall pay 4 $15,000.00 annually for operation under a waste tire stewardship plan 5 approved by the Secretary under section 7610 of this title. 6 (b) The Secretary shall deposit fees collected under subsection (a) of this 7 section in the Environmental Permit Fund established under 3 V.S.A. § 2805. 8 § 7621. RULEMAKING; PROCEDURE 9 The Secretary may adopt rules or procedures to implement the requirements 10 of this chapter. 11 Sec. 2. 10 V.S.A. § 8003 is amended to read: 12 § 8003. APPLICABILITY 13 (a) The Secretary may take action under this chapter to enforce the 14 following statutes and rules, permits, assurances, or orders implementing the 15 following statutes, and the Board may take such action with respect to 16 subdivision (10) of this subsection: 17 * * * 18 (31) 10 V.S.A. chapter 124, relating to the trade in covered animal parts 19 or products; 20 BILL AS INTRODUCED S.177 2026 Page 28 of 33 VT LEG #385841 v.1 (32) 10 V.S.A. chapter 164B, relating to collection and management of 1 covered household hazardous products; and 2 (33) 10 V.S.A. chapter 24A relating to the Climate Superfund Cost 3 Recovery Program; and 4 (34) 10 V.S.A. chapter 169, relating to the collection and recycling of 5 waste tires. 6 * * * 7 Sec. 3. 10 V.S.A. § 8503 is amended to read: 8 § 8503. APPLICABILITY 9 (a) This chapter shall govern all appeals of an act or decision of the 10 Secretary, excluding enforcement actions under chapters 201 and 211 of this 11 title and rulemaking, under the following authorities and under the rules 12 adopted under those authorities: 13 (1) The following provisions of this title: 14 * * * 15 (P) chapter 166 (collection and recycling of electronic waste); 16 (Q) chapter 164A (collection and disposal of mercury-containing 17 lamps); 18 * * * 19 BILL AS INTRODUCED S.177 2026 Page 29 of 33 VT LEG #385841 v.1 (V) chapter 124 (trade in covered animal parts or products); and 1 (W) chapter 164B (collection and management of covered household 2 hazardous products); and 3 (X) chapter 169 (collection and recycling of waste motor vehicle 4 tires). 5 * * * 6 Sec. 4. 24 V.S.A. § 2201 is amended to read: 7 § 2201. THROWING, DEPOSITING, BURNING, AND DUMPING 8 REFUSE; PENALTY; SUMMONS AND COMPLAINT 9 (a)(1) Prohibition. 10 (1) Every person shall be responsible for proper disposal of his or her 11 the person’s own solid waste. A person shall not throw, dump, deposit, or 12 cause or permit to be thrown, dumped, or deposited any solid waste as defined 13 in 10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing in or on 14 lands or waters of the State outside a solid waste management facility certified 15 by the Agency of Natural Resources. 16 (2) There shall be a rebuttable presumption that a person who is 17 identifiable from an examination of illegally disposed solid waste is the person 18 who violated a provision of this section. 19 (3) No person shall burn or cause to be burned in the open or incinerate 20 in any container, furnace, or other device any solid waste without: 21 BILL AS INTRODUCED S.177 2026 Page 30 of 33 VT LEG #385841 v.1 (A) first having obtained all necessary permits from the Agency of 1 Natural Resources, the District Environmental Commission, and the 2 municipality where the burning is to take place; and 3 (B) complying with all relevant State and local regulations and 4 ordinances. 5 (b) Prosecution of violations. A person who violates a provision of this 6 section commits a civil violation and shall be subject to a civil penalty of not 7 more than $800.00. 8 (1) This violation shall be enforceable in the Judicial Bureau pursuant to 9 the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a 10 municipal attorney, a solid waste management district attorney, an 11 environmental enforcement officer employed by the Agency of Natural 12 Resources, a designee of the legislative body of the municipality, or any duly 13 authorized law enforcement officer. 14 (2) If the throwing, placing, or depositing was done from a snowmobile, 15 vessel, or motor vehicle, except a motor bus, there shall be a rebuttable 16 presumption that the throwing, placing, or depositing was done by the operator 17 of the snowmobile, vessel, or motor vehicle. 18 (3) Nothing in this section shall be construed as affecting the operation 19 of an automobile graveyard or salvage yard as defined in section 2241 of this 20 title, nor shall anything in this section be construed as prohibiting the 21 BILL AS INTRODUCED S.177 2026 Page 31 of 33 VT LEG #385841 v.1 installation and use of appropriate receptacles for solid waste provided by the 1 State or towns. 2 (c) Roadside cleanup. A person found in violation of this section may be 3 assigned to spend up to 80 hours collecting trash or litter from a specified 4 segment of roadside or from a specified area of public property. 5 (d) Waste tire disposal. A person shall not transfer possession of a waste 6 tire to an unlicensed solid waste hauler for disposal. Violation of this 7 subsection shall be a violation of subsection (a) of this section. 8 (e) Revocation of hunting, fishing, or trapping license. The Commissioner 9 of Fish and Wildlife shall revoke the privilege of a person found in violation of 10 this section from holding a hunting, fishing, or trapping license for a period of 11 one year from the date of the conviction, if the person fails to pay the penalty 12 set forth in subsection (b) of this section. The Bureau shall immediately notify 13 the Commissioner of Fish and Wildlife of the entry of judgment. 14 (f) [Repealed.] 15 (g) Amendment of complaint. A person authorized to enforce this section 16 may amend or dismiss a complaint issued by that person by marking the 17 complaint and returning it to the Judicial Bureau. At the hearing, a person 18 authorized to enforce this section may amend or dismiss a complaint issued by 19 that person, subject to the approval of the hearing judge. 20 BILL AS INTRODUCED S.177 2026 Page 32 of 33 VT LEG #385841 v.1 (h) [Repealed.] 1 (i) Applicability. Enforcement actions taken under this section shall in no 2 way preclude the Agency of Natural Resources, the Attorney General, or an 3 appropriate State prosecutor from initiating other or further enforcement 4 actions under the civil, administrative, or criminal enforcement provisions of 5 10 V.S.A. chapter 23, 47, 159, 201, or 211. To the extent that enforcement 6 under this section is by an environmental enforcement officer employed by the 7 Agency of Natural Resources, enforcement under this section shall preclude 8 other enforcement by the Agency for the same offence. 9 (j) Definitions. As used in this section: 10 (1) “Motor vehicle” shall have has the same meaning as in 23 V.S.A. 11 § 4(21). 12 (2) “Snowmobile” shall have has the same meaning as in 23 V.S.A. 13 § 3801. 14 (3) “Vessel” means motor boats, boats, kayaks, canoes, sailboats, and all 15 other types of watercraft. 16 (4) “Waste tire” means a motor vehicle tire that has been removed from 17 a motor vehicle and is no longer suitable for its original purpose because of 18 wear, tear, damage, defect, or another reason. 19 (5) “Waters” shall have has the same meaning as in 10 V.S.A. 20 § 1251(13). 21 BILL AS INTRODUCED S.177 2026 Page 33 of 33 VT LEG #385841 v.1 Sec. 5. EFFECTIVE DATE 1 This act shall take effect on passage. 2