Struck = removed from the bill ·
added = the amendment's new text.
ActSENATE No.PROPOSAL OF AMENDMENT H.915 Page 1 of 42 H.915 An act relating to establishing an extended producer responsibility program for beverage containers The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
158Sec. Page 1 of 3 This act summary is provided for the convenience of the public and members of the General Assembly.
It1. is intended to provide a general summary of the act and may not be exhaustive.
It10 hasV.S.A. been prepared by the staff of the Office of Legislative Counsel without input from members of the General Assembly.
Itchapter 53 is notamended intended to aidread: in the interpretation of legislation or to serve as a source of legislative intent.
ActCHAPTER No.53.
158BEVERAGE (H.915).CONTAINERS;
AnDEPOSIT-REDEMPTION actSYSTEM relating§ to1521. establishing an extended producer responsibility program for beverage containers Subjects:
ConservationDEFINITIONS andAs development;used in this chapter:
beverage(1) container“Beverage” redemption;means beer or other malt beverages and mineral waters, mixed wine drink, soda water and carbonated soft drinks in liquid form and intended for human consumption.
extended“Beverage” produceralso responsibilitymeans Thisliquor actand amendsready-to- thedrink requirementsspirits forbeverage. beverage container redemption in the State.
The(2) act“Biodegradable doesmaterial” notmeans amendmaterial the type of beverages or containers subject to redemption, except that beverageis containerscapable withof abeing volumebroken greaterdown thanby threebacteria litersinto arebasic notelements. subject to redemption.
The[Repealed.] act(3) adds“Container” ameans newthe definitionindividual, and separate, bottle, can, or jar, or carton composed of depositglass, initiatoraluminum asor theother firstmetal, manufacturerpaper, plastic polyethylene terephthalate, high density polyethylene, or distributorany tocombination collectof athose depositmaterials, onand containing a container.consumer product beverage.
ManyThis ofdefinition theshall requirementsVT forLEG beverage#389880 containerv.1 redemptionSENATE arePROPOSAL amendedOF toAMENDMENT applyH.915 toPage the2 depositof initiator42 insteaddoes not include containers made of biodegradable material beverage containers with a manufacturervolume orgreater distributor.than three liters.
The(4) act“Dealer” increasesmeans fromany threeperson, andincluding one-halfany centsoperator toof foura andvending one-halfmachine centsor theretailer, handlingwho feeengages ain depositthe initiatorsale paysof abeverages retailerin orbeverage redemption center for redeemed containers thatto areconsumers partin ofthe aState. commingling program.
The(5) act“Deposit increasesinitiator” frommeans fourthe tofirst fivedistributor centsor themanufacturer handlingto feecollect athe deposit initiatoron paysa retailersbeverage andcontainer redemptionsold centersto forany redeemedperson containerswithin thatthe areState. not part of a commingling program.
TheIf actno providesperson thatinitiates beginninga ondeposit, Marchthe 1,first 2029,distributor ain retailerthe orState redemption center shall be reimbursed under the fairdeposit compensationinitiator. requirements of a stewardship plan administered by a producer responsibility organization (PRO) of beverage manufacturers and distributors.
The(6) act“Distributor” repealsmeans theevery requirementperson thatwho metalengages beveragein containersthe mustsale beof labeledconsumer onproducts theirbeverages topin andcontainers instead allows for any container to bea labeleddealer within anthis AgencyState, ofincluding Naturalany Resourcesmanufacturer (ANR)–approvedwho methodengages thatin securessuch thesales. information to the container.
TheAny actdealer requiresor eachretailer beveragewho containersells, soldat orthe offeredretail forlevel, salebeverages in thecontainers Statewithout thathaving haspurchased them from a depositperson tootherwise includeclassified as a Universaldistributor Productshall Codebe andis barcode.a distributor.
The(7) act“Fair alsocompensation” clarifiesmeans the redemptioncompensation requirementsfrom forthe liquorproducer containers,responsibility includingorganization increasingto the handlingpoint fee that the Department of Liquorredemption andin Lotterythe paysamount tothat retailerscovers andthe redemptionpoint centersof forredemption’s redeemedreasonable liquorcosts containersof tooperating fourredemption services and one-halfa centsreasonable perrate redeemedof container.return.
The(5)(8) act“Manufacturer” providesmeans thatevery beginningperson onbottling, Julycanning, 1,packing, 2027, a deposit initiator may not sell or distributeotherwise afilling beveragecontainers containerfor insale theto Statedistributors withoutor participatingdealers. in an ANR-approved PRO.
OnVT orLEG before#389880 Januaryv.1 1,SENATE 2027,PROPOSAL depositOF initiatorsAMENDMENT areH.915 requiredPage to3 formof a42 PRO(9) to“Mixed implementwine drink” means a stewardshipbeverage plancontaining forwine theand redemptionmore than 15 percent added plain, carbonated, or sparkling water and dispositionthat ofcontains beverageadded containers.natural or artificial blended material, such as fruit juices, flavors, flavoring, adjuncts, coloring, or preservatives;
The PRO is required to maintain a websitebeverage that identifiescontains eachnot manufacturermore participatingthan in16 thepercent PROalcohol and the name of each beverage and container size covered by thevolume; stewardship plan.
If the deposit initiators fail to form a PRO or implementanother asimilar stewardshipproduct plan,marketed theas act authorizes ANR to implement the stewardship plan and charge deposit initiators the cost of the plan implementation plus a 25wine percentcooler. penalty.
The(10) act“Point requiresof theredemption” PROmeans stewardshipa location included in the plan toadopted meetunder specifiedsection minimum1532 requirements.of this title that redeems beverage containers under this chapter.
TheA planpoint shallof ensure that consumers have convenient redemption opportunities,includes andmanually thesorting VTcontainers, LEGmechanically #390070sorting v.2containers, Actand No.bag drops.
158(11) Page“Point 2 of 3redemption PROwith shallimmediate takereturn reasonableof effortsdeposit” tomeans sitea pointspoint of redemption equitablythat acrossimmediately theprovides State.a person with a deposit when a beverage container is presented for redemption.
(6)(12) “Recycling” means the process of sorting, cleansing, treating, and reconstituting waste and other discarded materials for the purpose of reusing the materials in the same or altered form.
(7)(13) “Redemption center” means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container labeled or certified pursuant to section 1524 of this title.
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 4 of 42 (14) “Redemption rate” means the number of beverage containers redeemed for the deposit divided by the number of beverage containers sold and may not include in its calculation any unredeemed beverage containers collected or processed by municipal or other recycling programs.
(15) “Retailer” means a store or other licensed entity, including vending machines, where containers are sold at the retail level for off-premise consumption.
(8)(16) “Secretary” means the Secretary of Natural Resources.
(9) “Mixed wine drink” means a beverage containing wine and more than 15 percent added plain, carbonated, or sparkling water and that contains added natural or artificial blended material, such as fruit juices, flavors, flavoring, adjuncts, coloring, or preservatives;
that contains not more than 16 percent alcohol by volume;
or other similar product marketed as a wine cooler.
(10)(17) “Liquor” means spirits as defined in 7 V.S.A.
§ 2.
§ 1522.
BEVERAGE CONTAINERS;
DEPOSIT (a) Except with respect to beverage containers that contain liquor, a deposit of not less than five cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container.
With respect to beverage containers of volume greater than 50 ml.
that contain liquor, a deposit of 15 cents shall be paid by VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 5 of 42 the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container.
The difference between liquor bottle deposits collected and refunds made is hereby retained by the Liquor Control Enterprise Fund for administration of this subsection.
(b) A retailer or a person operating a redemption center who redeems beverage containers shall be reimbursed by the manufacturer or distributor of such deposit initiator of the beverage containers in an amount that is three and one-half four and one-half cents per container for containers of beverage brands that are part of a commingling program and four five cents per container for containers of beverage brands that are not part of a commingling program.
Beginning on March 1, 2029, a retailer or a person operating a redemption center shall be reimbursed for beverage containers that are covered by a stewardship plan approved by the Secretary under this chapter according to the fair compensation requirements of the plan.
* * * (d) Containers shall be redeemed during no fewer than 40 hours per week during the regular operating hours of the establishment.
[Repealed.] § 1522a.
RULES The Secretary may adopt rules, in accordance with 3 V.S.A.
chapter 25, necessary for the administration of this chapter.
These rules may include the following:
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 6 of 42 (1) Provisions to ensure that beverage containers not labeled in accordance with section 1524 of this title are not redeemed.
(2) Provisions to ensure that beverage containers are commingled.
(3) Administrative penalties for the failure by a redemption center or retailer to remove beverage containers that are not labeled prior to pickup by a distributor or manufacturer.
Penalties may include nonpayment of the deposit and handling fee established under section 1522 of this title for a reasonable period of time and for the number of beverage containers that were not labeled.
(4) Any other provision that may be necessary for the implementation of this chapter.
[Repealed.] § 1523.
ACCEPTANCE OF BEVERAGE CONTAINERS (a) Except as provided in section 1522 of this title:
(1) A retailer shall not refuse to accept from any person any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the retailer, or and a retailer or a redemption center shall not refuse to pay to that a person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsection (b) subsections (b) or (c) of this section.
(2) A manufacturer or distributor may shall not refuse to pick up from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers, labeled in accordance with section 1524 of this VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 7 of 42 title, of the kind, size, and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center the refund value of a beverage container as established by section 1522 of this title.
(b) A retailer, with the prior approval of the Secretary, may refuse to redeem beverage containers if a redemption center or centers are established that serve the public need.
(c) A retailer or a person operating a redemption center may refuse to redeem beverage containers that are not clean, or are broken, and shall not redeem beverage containers that are not labeled in accordance with section 1524 of this title.
* * * § 1524.
LABELING (a)(1) Every beverage container sold or offered for sale at retail in this State shall clearly indicate by embossing or on the normal product label, imprinting on the normal product label, or in the case of a metal beverage container on the top of the container, other approved method secured to the container the word “Vermont” or the letters “VT” and the refund value of the container in not less than one-eighth inch type size or such other alternate indications as may be approved by the Secretary.
(2) The label shall be on the top lid of the beverage container, the side of the beverage container, or in a clearly visible location on the beverage VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 8 of 42 container.
This subsection does not prohibit including names or abbreviations of other states with deposit legislation comparable to this chapter.
(b) The Commissioner of Liquor and Lottery may allow, in the case of liquor bottles, a conspicuous, adhesive sticker to be attached to indicate the deposit information required in subsection (a) of this section, provided that the size, placement, and adhesive qualities of the sticker are as approved by the Commissioner.
The stickers shall be affixed to the bottles by the manufacturer, except that liquor that is sold in the State in quantities less than 100 cases per year may have stickers affixed by personnel employed by the Division of Liquor Control.
(c) This section shall not apply to permanently labeled beverage containers Every beverage container sold or offered for sale in the State shall contain a Universal Product Code and a barcode displayed on the container.
* * * § 1527.
PENALTY REDEMPTION OF LIQUOR BOTTLES A person who violates a provision of this chapter shall be fined not more than $1,000.00 for each violation Notwithstanding any other provision of this chapter to the contrary, redemption of beverage containers of volume greater than 50 ml that contain liquor shall be subject to the following requirements:
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 9 of 42 (1) Deposit.
Beverage containers subject to this section shall have a deposit of 15 cents on each container sold at the retail level and returned to the consumer upon return of the empty beverage container.
(2) Handling fee.
Distributors of beverage containers subject to this section shall pay a point of redemption that redeems a beverage container four and one-half cents per container.
(3) Redemption.
A retailer shall not refuse to accept beverage containers subject to this section or refuse to pay a person the refund value established by subdivision (1) of this section for any container unless the container is not clean, broken, or has an exemption issued by the Secretary.
The Department of Liquor and Lottery shall not refuse to pick up empty beverage containers subject to this section, pay the refund value, or pay the handling fee to a retailer or redemption center subject to this section.
(4) Coordination with producer responsibility organization.
The Department of Liquor and Lottery may coordinate with and compensate the producer responsibility organization to collect beverages containers subject to this section at points of redemption that are a part of the collection plan developed by the producer responsibility organization.
Containers collected at these points of redemption shall not be subject to the handling fee established by subdivision (2) of this section.
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 10 of 42 (5) Performance goals and reporting.
The Department of Liquor and Lottery shall be subject to the redemption rate goals established in section 1534 of this title for beverage containers containing liquor.
Beginning on January 15, 2027, and annually thereafter, the Commissioner of Liquor and Lottery shall report to the Secretary of Natural Resources:
(A) the amount and tonnage of liquor bottles that the Department of Liquor and Lottery collected in the previous calendar year;
and (B) the redemption rate for liquor bottles in the previous calendar year.
* * * § 1529.
REDEMPTION CENTER CERTIFICATION A person operating a redemption center may shall obtain a certification from the Secretary.
A redemption center certification shall include the following:
(1) Specification of the name and location of the facility;.
(2) If the certified redemption center redeems more than 250,000 containers per year, a requirement that the certified redemption center shall participate in an approved commingling agreement;
and (3) Additional conditions, requirements, and restrictions as the Secretary may deem necessary to implement the requirements of this chapter.
This may VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 11 of 42 shall include requirements concerning reporting, recording, and inspections of the operation of the site.
§ 1530.
ABANDONED BEVERAGE CONTAINER DEPOSITS (a) As used in this section, “deposit initiator” means the first distributor or manufacturer to collect the deposit on a beverage container sold to any person within the State.
(b) Beginning on January 1, 2020, and quarterly thereafter, every deposit initiator shall report to the Secretary of Natural Resources and the Commissioner of Taxes.
The report shall be submitted on or before the 25th day of the calendar month succeeding the quarter ending on the last day of March, June, September, and December each year.
The deposit initiator shall submit the report on a form provided by the Commissioner of Taxes.
The report shall include:
(1) the number of beverage containers sold in the preceding quarter and the number of beverage containers returned in the preceding quarter;
(2) the amount of beverage container deposits received by the deposit initiator;
(3) the amount of refund payments made in the preceding quarter;
and (4) any additional information required by the Commissioner of Taxes.
(c)(b)(1) On or before January 1, 2020, and quarterly thereafter, at the time a report is filed pursuant to subsection (d) of this section, each deposit initiator VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 12 of 42 shall remit to the Commissioner of Taxes any abandoned beverage container deposits from the preceding quarter.
The amount of abandoned beverage container deposits for a quarter is the amount equal to the amount of deposits that the deposit initiator collected in the quarter less the amount of the total refund value paid out by the deposit initiator for beverage containers during the quarter.
(2) In any calendar quarter, the deposit initiator may submit to the Commissioner of Taxes a request for reimbursement of refunds paid under this chapter that exceed the amount of deposits collected in the quarter.
The Commissioner of Taxes shall pay a request for reimbursement under this subdivision from the funds remitted to the Commissioner under subdivision (1) of this subsection, provided that:
(A) the Commissioner determines that the deposits collected by the deposit initiator are insufficient to pay the refunds on returned beverage containers;
and (B) a reimbursement paid by the Commissioner to the deposit initiator shall not exceed the amount paid by the deposit initiator under subdivision (1) of this subsection (c) less amounts paid to the initiator pursuant to this subdivision (2) in the previous four quarterly filings.
(3) Except as expressly provided otherwise in this chapter, all the administrative provisions of 32 V.S.A.
chapter 151, including those relating to VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 13 of 42 collection, enforcement, interest, and penalty charges, shall apply to the remittance of abandoned beverage container deposits.
(4) A deposit initiator may within 60 days after the date of mailing of a notice of deficiency, the date of a full or partial denial of a request for reimbursement, or the date of an assessment petition the Commissioner of Taxes in writing for a hearing and determination on the matter.
The hearing shall be subject to and governed by 3 V.S.A.
chapter 25.
Within 30 days after a determination, an aggrieved deposit initiator may appeal a determination by the Commissioner of Taxes to the Washington Superior Court or the Superior Court of the county in which the deposit initiator resides or has a place of business.
(5) Notwithstanding any appeal, upon finding that a deposit initiator has failed to remit the full amount required by this chapter, the Commissioner of Taxes may treat any refund payment owed by the Commissioner to a deposit initiator as if it were a payment received and may apply the payment in accordance with 32 V.S.A.
§ 3112.
(d)(c) The Secretary of Natural Resources may prohibit the sale of a beverage that is sold or distributed in the State by a deposit initiator who fails to comply with the requirements of this chapter.
The Secretary may allow the sale of a beverage upon the deposit initiator’s coming into compliance with the requirements of this chapter.
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 14 of 42 (e)(d) Data reported to the Secretary of Natural Resources and the Commissioner of Taxes by a deposit initiator under this section shall be confidential business information exempt from public inspection and copying under 1 V.S.A.
§ 317(c)(9) but shall not be confidential return information under 32 V.S.A.
§ 3102, provided that the Commissioner of Taxes may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual deposit initiators except to the Secretary of Natural Resources in relation to the administration of this chapter.
§ 1531.
MANUFACTURER AND DISTRIBUTOR PARTICIPATION IN PRODUCER RESPONSIBILITY ORGANIZATION (a) No deposit initiator shall sell or distribute a beverage container in this State without participating in a Secretary-approved producer responsibility organization.
(b) On or before January 1, 2027, the deposit initiator of beverage containers sold or distributed within the State shall apply to the Secretary to form a producer responsibility organization to fulfill the requirements of deposit initiators under this chapter.
(c) The Secretary may approve, for a period not longer than 10 years, the producer responsibility organization, provided that:
(1) the producer responsibility organization or its subsidiary is registered under 26 U.S.C.
§ 501(c)(3) as a nonprofit entity;
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 15 of 42 (2) the producer responsibility organization has the capacity to administer the requirements of a stewardship plan required by section 1532 of this title;
and (3) the producer responsibility organization does not create any unreasonable barriers to joining the producer responsibility organization and shall take into the consideration the needs of small manufacturers that do not generate a significant volume of containers.
(d) After approval, the producer responsibility organization shall maintain a website that identifies:
(1) the name and principal business address of each manufacturer or distributor participating in the producer responsibility organization;
(2) the name of each beverage and the container size covered by the stewardship plan;
and (3) for each beverage container subject to the plan, a Universal Product Code and a barcode shall be displayed on the container.
(e) The producer responsibility organization may charge fees to deposit initiators to cover the costs of administration and implementation of this chapter.
Deposit initiators shall pay all fees required by the producer responsibility organization and provide any data required by the producer responsibility organization.
If a deposit initiator fails to meet these VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 16 of 42 requirements, the producer responsibility organization may remove it from the producer responsibility organization.
(f) If the producer responsibility organization fails to implement the requirements of this chapter, the rules adopted by the Secretary, or an approved stewardship plan, the Secretary may dissolve the producer responsibility organization.
(g) If no producer responsibility organization is formed, the Secretary shall either require the formation of the producer responsibility organization or adopt and administer a plan that meets the requirements of section 1532 of this title.
If the Secretary administers the plan adopted under section 1532 of this title, the Secretary shall charge each deposit initiator the costs of plan administration, the Agency’s oversight costs, and a recycling market development assessment of 25 percent of the plan’s total cost to be deposited in the Solid Waste Management Assistance Account of the Waste Management Assistance Fund, for the purpose of providing grants to develop markets to recycle materials.
(h) The producer responsibility organization shall reimburse the Secretary for the costs of overseeing the administration of the program under this chapter as follows:
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 17 of 42 (1) The Secretary shall annually provide an estimate of the costs of overseeing the administration of the program to the producer responsibility organization, including staff costs, compliance, and oversight of the system.
(2) The producer responsibility organization shall provide any comments to the Secretary’s budget within 30 days following receipt.
The Agency of Natural Resources shall respond to all comments provided by the producer responsibility organization and may make changes to its budget in response to those comments.
These comments and the responses shall be provided to the General Assembly as a part of the Secretary’s budget.
(3) Reimbursement of Agency of Natural Resources costs under this subsection shall be subject to the State budgeting process, and the producer responsibility organization shall not be required to reimburse any Agency cost unless that cost is approved as a part of the Agency’s budget.
(i) Manufacturers and distributors of liquor are exempt from the requirements of this section and the requirement to implement a stewardship plan under section 1532 of this title.
§ 1532.
STEWARDSHIP PLAN;
MINIMUM REQUIREMENTS (a) Plan elements.
On or before April 1, 2028, an approved producer responsibility organization shall submit a stewardship plan to the Secretary.
A stewardship plan shall, at a minimum, meet all of the following requirements of this section:
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 18 of 42 (1) Convenience of collection.
(A) A plan shall ensure that consumers have convenient opportunities to redeem beverage containers.
The plan shall take reasonable efforts to site points of redemption equitably across all regions of the State to allow for convenient and reasonable access of all Vermonters to redemption opportunities.
(i) at least three points of redemption per county, at least one of which provides an immediate return of a deposit to a consumerconsumer; unless a waiver is granted by the Secretary;
(ii) at least one point of redemption per municipality with a population of 7,000 or more persons that provides an immediate return of a deposit to a consumer unless ANRthe Secretary determines that requiring an immediate return of deposit would create an impediment to effective redemption;redemption under the plan;
and by(iii) takinghow reasonablesites effortsof toredemption siteare pointsor ofwill collectionbe sited in areas with high population density or located in centers designated centers.under 24 V.S.A.
Thechapter act76A. requires the stewardship plan to describe how redemption locations are fairly compensated for participation in the collection program, provided that from March 1, 2029, until July 1, 2030, the PRO shall pay each location that redeems beverage containers a handling fee of four and one-half cents per container or compensation according to a negotiated agreement.
After(B) JulyThe 1,producer 2030,responsibility compensationorganization shallmay bepropose providedin its plan to remove retail redemption locations underrequired negotiatedby agreement.subdivision 1523(a)(2) of this title.
IssuesWhen regardingproposing compensationto agreementsremove shallthese beretail addressedlocations, throughthe disputeproducer resolution,responsibility andorganization shall document how the PROlocation shallis reportadequately toVT ANRLEG regarding#389880 implementationv.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 19 of the42 fairserved compensationby requirements.other points of redemption.
The actSecretary requiresshall thenot stewardshipapprove planany toreduction maximizethat reduces the use of existing infrastructure when establishing points of redemption andbelow tothe describelevels howrequired managementunder subdivisions (1)(A)(i) and sorting(ii) of containersthis atsubsection redemption(a). centers is minimized.
The planSecretary shallmay describerequire additional points of redemption based on the educationlocation effortsof toproposed beor undertakenexisting topoints increaseof redemption.redemption, shopping patterns, and the convenience of redeeming beverage containers.
(C) The actproducer alsoresponsibility requiresorganization themay stewardshipnot planuse toonly meetsingle-feed locationreverse standardsvending formachines or only mobile points of redemption,redemption includingas hoursthe point of operationredemption to satisfy the requirement under subdivision (1)(A)(i) of this subsection (a) except where the producer responsibility organization documents that the population and timelyretail redemption.density of the county is adequately served by the use of these forms of collection.
(D) The actproducer alsoresponsibility requiresorganization theshall PROensure tothat consultpoints withof stakeholdersredemption inhave the developmentoperational ofcapacity theto stewardshipredeem plan.beverage containers.
TheThis actincludes requirestraining on the PROuse toof initiateequipment, implementationproviding service of equipment in a reasonable time if there are issues, and providing pick-up of collected containers from the stewardshippoint planof onredemption Marchin 1,a 2029.reasonable period from receiving a request.
The(2) actFair requiresoperation theand PROcompensation to reportredemption annuallycenters. to ANR regarding participation in and the implementation of the stewardship plan.
BeginningThe onplan Octobershall 1,satisfy 2033,all and every five years thereafter, the act requires an independent third party to conduct a program audit of the plan.following requirements:
TheVT actLEG also#389880 requiresv.1 theSENATE PRO,PROPOSAL beginningOF onAMENDMENT OctoberH.915 1,Page 2030,20 andof annually42 thereafter,(A) toThe conductplan ashall fiscaldescribe audithow ofall locations that redeem beverage containers are fairly compensated for their participation in the PRO,collection itsprogram expenditures,provided that the numberproducer ofresponsibility beverageorganization containersshall collected,pay andeach thelocation amountthat ofredeems unclaimedbeverage deposits.containers:
The(i) actfour setsand theone-half Statecents goalsper container for minimumall beverageother containermeans of redemption rates.at a location;
Theor goals(ii) are:according to a separate compensation agreement negotiated between a redemption location or a group of redemption locations that redeems beverage containers and the producer responsibility organization.
beginning(B) onThere Julyshall 1,not 2030,be 75barriers percent;to the participation in the collection program for a redemption center, except for restrictions that are authorized by the Secretary.
(C) The plan shall describe how management and beginningsorting onof Julycontainers 1,at 2033,points percent.of redemption is minimized.
BeginningThe onplan Decembershall 1,document 2030,how ANRbrand issorting requiredwill tobe annuallyeliminated reportat topoints theof Generalredemption. Assembly the beverage container redemption rate for liquor containers and for all other beverage containers.
ANR(D) isThe requiredplan toshall recommenddescribe inhow eachmaterials annualwill reportbe whetherpicked theup beveragefrom containerpoints depositof forredemption on a categorytimely ofbasis. containers should increase.
Beginning(E) onThe Marchplan 1,shall 2029,maximize when the PROuse implementsof theexisting stewardshipinfrastructure, plan,when theestablishing actpoints amendsof requirementsredemption forunder thesubdivision acceptance(1) of beveragethis containerssubsection for(a). redemption.
The(F) actConsistent authorizeswith aguidelines retailerdeveloped toby refusethe Secretary, the producer responsibility organization shall use binding dispute resolution to redeemVT beverageLEG containers#389880 ifv.1 theSENATE planPROPOSAL hasOF beenAMENDMENT implementedH.915 andPage the21 retailer’sof building42 isresolve lessany thandisputes 5,000that squarearise feet.surrounding negotiation of separate compensation agreements between the producer responsibility organization and points of redemption.
TheThis actprocess alsoshall allowsbe aimplemented manufacturerusing thata sellsneutral directlythird-party todecision amaker consumeragreed to refuseby toall redeemparties. beverage containers if the retail location where the containers are sold is less than 5,000 square feet.
The(G) actAfter requiresthe aplan redemptionis locationeffective tofor refusetwo redemptionyears ifand six months, the containersproducer areresponsibility notorganization clean,shall aresubmit VTa LEGreport #390070on v.2fair Actcompensation No.to the Secretary.
158The Pagereport 3shall ofeither 3describe broken,how arethe notproducer properlyresponsibility labeled,organization arehas knownadjusted tocompensation havefor beenpoints purchased out of State,redemption haveor alreadydocument beenwhy redeemed,such oran areadjustment is not registerednecessary. with the PRO.
The(3) actRedemption authorizesamount. transfers of funds from the Clean Water Fund to the Waste Management Assistance Fund for four fiscal years beginning in fiscal year 2030.
ANRThe shallproducer useresponsibility theorganization fundsor toa providepoint grantsof toredemption operating under the PROplan toshall assistpay ina implementationperson presenting a beverage container for redemption the refund value of the stewardshipbeverage plan.container as established by section 1522 of this title.
In(4) fiscalCollection yearslocation 2030standards. and 2031, the amount transferred and the maximum amount of grants each fiscal year shall be $1,000,000.00.
InAll fiscallocations yearsthat 2032provide andfor 2033,redemption the amount transferred and the maximum amounts of grantsbeverage eachcontainers fiscalshall: year shall be $750,000.00.
Multiple(A) effectiveprovide dates,timely beginningredemption onservices Julythat 1,limit 2026the VTneed LEGfor #390070persons v.2redeeming containers to wait for redemption services;
(B) be at sites that are secure, sufficiently lighted, and managed to ensure the safety of persons redeeming containers at a location;
(C) be open and accepting beverage containers:
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 22 of 42 (i) in the case of a fixed point of redemption, at least 35 hours per week, including six consecutive hours on Saturday;
or (ii) in the case of a mobile point of redemption, at least 15 hours per week, including at least four consecutive hours on Saturday;
and (D) comply with all applicable laws related to the collection, transportation, and disposition of mandated recyclables.
(5) Education to consumers.
The plan shall describe what education efforts will be undertaken to increase the number of beverage containers redeemed in the State.
(6) Consultation with stakeholders.
The producer responsibility organization shall consult with stakeholders on the development of the plan.
The plan shall include processes for regular consultation, which shall take place not less than annually, with stakeholders, including the Agency, redemption centers, municipal and private recycling organizations, bag drop and reverse vending technology providers, and other stakeholders.
Prior to submitting a proposed plan to the Agency, the producer responsibility organization shall allow the public to comment on the proposed plan.
The producer responsibility organization shall either make changes in response to those comments or provide a written response on why the change was not made to the stakeholders and the Agency.
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 23 of 42 (7) The Agency shall publish the proposed and final approved plan on the Agency’s website.
(b) Reporting.
At a frequency required by the Secretary but not less than annually, the producer responsibility organization shall report the following to the Secretary:
(1) the name, address, and business hours of each redemption center participating in the approved stewardship plan and the number of redemption centers added or removed from the plan over the preceding year;
(2) the amount, in containers and tons, and material type of beverage containers redeemed under the plan and the redemption rate of beverage containers;
(3) the location and amount of beverage container material that was recycled and what products that beverage container material was recycled into;
(4) the carbon impacts associated with the administration of the stewardship plan;
(5) the costs associated with administration of the stewardship plan, including the costs of collection, management, and transportation of redeemed containers and the amount received for commodities;
(6) a description of any improvements made in the reporting year to increase ease and convenience for consumers to return beverage containers for redemption;
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 24 of 42 (7) efforts taken by or on behalf of the manufacturer or distributor to reduce environmental impacts throughout the product life cycle and to increase reusability or recyclability at the end of the life cycle by material type;
(8) efforts taken by or on behalf of the producer responsibility organization to improve the environmental outcomes of the program by improving operational efficiency, such as reduction of truck trips through improved material handling or compaction or the increased use of refillable containers in a local refilling system;
(9) a description and copies of educational materials and educational strategies the producer responsibility organization uses for the purposes of this program;
and (10) any additional information required by the Secretary.
(c) Review of stewardship plan.
(1) Within 90 days after receipt of a plan submitted under this section, the Secretary shall review the plan and determine whether to approve the plan, deny the plan, or require an amendment to the plan.
The Secretary may amend or add conditions to the plan as a part of the approval.
The plan shall be approved after concluding that the plan meets the criteria established in this section and the elements of the plan will maximize diversion of recyclable materials, provide convenience to users, and create a more circular economy.
If the plan is denied, the Secretary shall provide a basis for that denial and the VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 25 of 42 producer responsibility organization shall submit a revised plan addressing these issues within 60 days following the notice of denial.
(2) At least six months prior to the expiration of the plan, the producer responsibility organization shall submit a renewal to the stewardship plan.
Renewals shall address all elements considered in the original plan and shall be considered in the same manner as an original plan.
The Secretary shall issue a final determination on an application for renewal not later than 90 days before the expiration of the plan.
(3) The Secretary’s approval pursuant to this subsection shall be for a period not greater than five years.
(d) Plan implementation.
The producer responsibility organization shall implement the approved plan on March 1, 2029.
(e) Revision of stewardship goals.
If the producer responsibility organization fails to meet the beverage container redemption rate in section 1534 of this title for all other beverage containers, the Secretary may require the producer responsibility organization to implement activities to enhance the rate of redemption, including additional public education and outreach, additional redemption sites, or additional redemption opportunities.
§ 1533.
PROGRAM AND FISCAL AUDIT (a) Program audit.
Beginning on October 1, 2033, and every five years thereafter, the producer responsibility organization shall conduct an VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 26 of 42 independent third-party program audit of the operation of the stewardship plan.
The program audit shall examine how the product stewardship organization compensates redemption centers as a part of its report.
The audit shall make recommendations to improve the operation of the collection program established by this chapter, including any recommendation to the compensation structure for redemption centers.
(b) Fiscal audit.
Beginning on October 1, 2030, and annually thereafter, the producer responsibility organization shall conduct an independent third- party fiscal audit of the program.
The fiscal audit shall provide a transparent fiscal analysis of the producer responsibility organization, its expenditures, the number of beverage containers collected, and the amount of unclaimed deposits.
The audit shall also provide the redemption rate of beverage containers redeemed in the State.
The Secretary shall approve the audit results and the redemption rate of beverage containers included in the audit.
(c) Submission to Secretary.
The results of each audit required under subsections (a) and (b) of this section shall be submitted to the Secretary for purposes of reviewing performance of the stewardship plan and for oversight of the requirements of this chapter.
§ 1534.
BEVERAGE CONTAINER REDEMPTION RATE GOAL;
REPORT VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 27 of 42 (a) It is a goal of the State that the following minimum beverage container redemption rates shall be satisfied by the specified dates:
(1) Beginning on July 1, 2030:
75 percent.
(2) Beginning on July 1, 2033:
80 percent.
(b)(1) Beginning on December 1, 2030, and annually thereafter, the Secretary of Natural Resources shall submit to the House Committees on Environment and on Ways and Means and the Senate Committees on Natural Resources and Energy and on Finance a written report containing the current beverage container redemption rate in the State for the following two categories of beverage containers:
(A) liquor bottles;
and (B) all other beverage containers.
(2) Each annual report submitted under subdivision (1) of this subsection shall include a recommendation of whether the beverage container deposit for either of the beverage container categories should be increased to improve redemption of that category of beverage container.
§ 1535.
RULEMAKING The Secretary may adopt rules, in accordance with 3 V.S.A.
chapter 25, necessary for the administration of this chapter.
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 28 of 42 § 1536.
ANTITRUST;
CONDUCT AUTHORIZED (a) Activity authorized.
A manufacturer, distributor, group of manufacturers or distributors, or producer responsibility organization implementing or participating in an approved collection plan under this chapter for the collection, transport, processing, and management of beverage container is individually or jointly immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A.
chapter 63, subchapter 1 to the extent that the conduct is reasonably necessary to plan, implement, and comply with the producer responsibility organization’s chosen system for beverage containers.
(b) Limitations on antitrust activity.
Subsection (a) of this section shall not apply to an agreement among manufacturers, distributors, groups of manufacturers or distributors, retailers, wholesalers, or the producer responsibility organization affecting the price of beverage containers or any agreement restricting the geographic area in which or customers to whom beverage containers shall be sold.
Sec.
2.
10 V.S.A.
§ 1523 is amended to read:
§ 1523.
ACCEPTANCE OF BEVERAGE CONTAINERS (a) Except as provided in section 1522 of this title:
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 29 of 42 (1) A retailer shall not refuse to accept from any person any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the retailer, and a retailer or a redemption center shall not refuse to pay to that person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsections (b) or (c) of this section.
(2) A manufacturer or distributor may The producer responsibility organization shall not refuse to pick up from a retailer that sells its product or a person operating a certified redemption center any point of redemption included in the stewardship plan empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center point of redemption the refund value of a beverage container as established by section 1522 of this title.
(b)(1) A retailer, with the prior approval of the Secretary, may refuse to redeem beverage containers if a redemption center or centers are established that serve the public need stewardship plan that meets the requirements of section 1532 of this title has been implemented by the producer responsibility organization in the State and the retailer’s building is less than 5,000 square feet.
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 30 of 42 (2) A manufacturer that sells directly to a consumer from a retail location may refuse to redeem beverage containers if the retail location where the manufacturer or distributor sells beverage containers is less than 5,000 square feet.
(c) A retailer or a person operating a redemption center may point of redemption or producer responsibility organization shall refuse to redeem beverage containers that are not clean or, are broken and shall not redeem beverage containers that, are not labeled in accordance with section 1524 of this title, were known to have been purchased out of State, have already been redeemed, or are not registered with the producer responsibility organization pursuant to subsection 1531(d) of this title.
Sec.
3.
10 V.S.A.
§ 7714 is amended to read:
§ 7714.
TYPE 3 PROCEDURES (a) Purpose;
scope.
(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits, except for general permits governed by section 7712 of this chapter, and when considering other permits listed in this section.
(2) The procedures under this section shall be known as Type 3 Procedures.
This section governs each of the following:
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 31 of 42 (A) Each general permit issued pursuant to the Secretary’s authority under this title other than a general permit subject to section 7712 of this chapter.
However, this section does not apply to a notice of intent under a general permit.
(B) Issuance of a dam safety order under chapter 43 of this title, except for an unsafe dam order under section 1095 of this title.
(C) An application or request for approval of:
(i) an aquatic nuisance control permit under chapter 50 of this title;
(ii) a change in treatment for a public water supply under chapter 56 of this title;
(iii) a collection plan for mercury-containing lamps under section 7156 of this title;
(iv) an individual plan for the collection and recycling of electronic waste under section 7554 of this title;
(v) a primary battery stewardship plan under section 7586 of this title;
(vi) a covered household products collection plan under section 7813 of this title;
and (vii) a stewardship plan required under chapter 53 of this title.
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 32 of 42 (b) Notice of application.
The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.
(c) Notice of draft decision;
comment period.
The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin.
The Secretary shall provide a public comment period.
(d) Public meeting.
The Secretary shall hold a public meeting whenever any person files a written request for such a meeting.
The Secretary otherwise may hold a public meeting at his or her the Secretary’s discretion.
(e) Notice of final decision.
The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin.
The Secretary shall provide a response to comments.
Sec.
4.
10 V.S.A.
§ 1388 is amended to read:
§ 1388.
CLEAN WATER FUND (a) There is created a special fund to be known as the Clean Water Fund to be administered by the Secretary of Administration.
The Fund shall consist of:
(1) revenues from the Property Transfer Tax surcharge established under 32 V.S.A.
§ 9602a;
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 33 of 42 (2) other gifts, donations, and impact fees received from any source, public or private, dedicated for deposit into the Fund and approved by the Secretary of Administration;
(3) the unclaimed beverage container deposits (escheats) remitted to the State under chapter 53 of this title, except as follows:
(A) in State fiscal year 2030, the Secretary may transfer up to $1,000,000.00 to the Solid Waste Management Assistance Account of the fund created pursuant to section 6618 of this title for grants pursuant to subdivision 6618(b)(11) of this title;
(B) in State fiscal year 2031, the Secretary may transfer up to $1,000,000.00 to the Solid Waste Management Assistance Account of the fund created pursuant to section 6618 of this title for grants pursuant to subdivision 6618(b)(11) of this title;
(C) in State fiscal year 2032, the Secretary may transfer up to $750,000.00 to the Solid Waste Management Assistance Account of the fund created pursuant to section 6618 of this title for grants pursuant to subdivision 6618(b)(11) of this title;
and (D) in State fiscal year 2033, the Secretary may transfer up to $750,000.00 to the Solid Waste Management Assistance Account of the fund created pursuant to section 6618 of this title for grants pursuant to subdivision 6618(b)(11) of this title;
VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 34 of 42 (4) six percent of the revenues from the meals and rooms taxes imposed under 32 V.S.A.
chapter 225;
and (5) other revenues dedicated for deposit into the Fund by the General Assembly.
(b) Notwithstanding any contrary provisions of 32 V.S.A.
chapter 7, subchapter 5, unexpended balances and any earnings shall remain in the Fund from year to year.
Sec.
5.
10 V.S.A.
§ 6618 is amended to read:
§ 6618.
WASTE MANAGEMENT ASSISTANCE FUND (a) There is hereby created in the State Treasury a fund to be known as the Waste Management Assistance Fund to be expended by the Secretary of Natural Resources.
The Fund shall have three accounts:
one for Solid Waste Management Assistance, one for Hazardous Waste Management Assistance, and one for Electronic Waste Collection and Recycling Assistance.
The Hazardous Waste Management Assistance Account shall consist of a percentage of the tax on hazardous waste under the provisions of 32 V.S.A.
chapter 237, as established by the Secretary;
the toxics use reduction fees under subsection 6628(j) of this title;
and appropriations of the General Assembly.
In no event shall the amount of the hazardous waste tax that is deposited to the Hazardous Waste Management Assistance Account exceed 40 percent of the annual tax receipts.
The Solid Waste Management Assistance VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 35 of 42 Account shall consist of the franchise tax on waste facilities assessed under the provisions of 32 V.S.A.
chapter 151, subchapter 13;
transfers from the Clean Water Fund;
and appropriations of the General Assembly.
The Electronic Waste Collection and Recycling Account shall consist of the program and implementation fees required under section 7553 of this title.
All balances in the Fund accounts at the end of any fiscal year shall be carried forward and remain a part of the Fund accounts, except as provided in subsection (e) of this section.
Interest earned by the Fund shall be deposited into the appropriate Fund account.
Disbursements from the Fund accounts shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.
(b) The Secretary may authorize disbursements from the Solid Waste Management Assistance Account for the purpose of enhancing solid waste management in the State in accordance with the adopted waste management plan.
This includes:
* * * (11) The Secretary shall enter a grant agreement with the producer responsibility organization approved under chapter 53 of this title for bottle bill implementation.
The grant shall be for four years and reimburse the cost of equipment and improvements to infrastructure documented by the producer responsibility organization in its approved stewardship plan.
Grants shall be VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 36 of 42 limited as follows:
in fiscal year 2030, not more than $1,000,000.00;
in fiscal year 2031, not more than $1.000,000.00;
in fiscal year 2032, not more than $750,000.00;
and in fiscal year 2033, not more than $750,000.00.
Sec.
6.
AGENCY OF NATURAL RESOURCES REPORT;
STATUS OF IMPLEMENTATION OF STEWARDSHIP PLAN FOR REDEMPTION OF BEVERAGE CONTAINERS On or before January 1, 2030, the Secretary of Natural Resources shall submit to the House Committee on Environment and the Senate Committee on Natural Resources and Energy a report on the status of the implementation of a stewardship plan for the redemption of beverage containers by the producer responsibility organization required under 10 V.S.A.
chapter 53.
The report shall:
(1) summarize the approved stewardship plan for redemption of beverage contains, including how the plan complied with the statutory requirements for convenience of collection for consumers and fair compensation for points of redemption;
(2) describe how the producer responsibility organization has updated or plans to implement redemption technologies to modernize redemption services and improve the convenience and efficiency of redemption services in the State;
and VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 37 of 42 (3) provide any other information that the Secretary deems relevant to the implementation and administration of the stewardship plan for redemption of beverage containers.
Sec.
7.
10 V.S.A.
§ 1532(a)(2) is amended to read:
(2) Fair operation and compensation to redemption centers.
The plan shall satisfy all of the following requirements:
(A) The plan shall describe how all locations that redeem beverage containers are fairly compensated for their participation in the collection program provided that the producer responsibility organization shall pay each location that redeems beverage containers:
(i) four and one-half cents per container for all other means of redemption at a location;
or (ii) according to a separate compensation agreement negotiated between a redemption location or a group of redemption locations that redeems beverage containers and the producer responsibility organization.
The producer responsibility organization and a redemption location or groups of redemption locations shall negotiate how the redemption location or locations shall be compensated for collection of containers under the plan.
* * * VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 38 of 42 Sec.
8.
REPEALS (a) In Sec.
1 of this act, 10 V.S.A.
§ 1529 (redemption center certification) is repealed on March 1, 2029.
(b) In Sec.
5 of this act, 10 V.S.A.
§ 6618(b)(11) (producer responsibility implementation grants) is repealed on October 1, 2033.
(c) 10 V.S.A.
§ 1528 (beverage registration) is repealed on March 1, 2029.
Sec.
9.
10 V.S.A.
§ 7182 is amended to read:
§ 7182.
SALE OF COVERED HOUSEHOLD HAZARDOUS PRODUCTS;
STEWARDSHIP ORGANIZATION REGISTRATION;
MANUFACTURER REGISTRATION * * * (b) Stewardship organization registration requirements.
(1) On or before July 1, 2025, a stewardship organization shall file a registration form with the Secretary.
The Secretary shall provide the registration form to the stewardship organization.
The registration form shall include:
(A) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization;
and VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 39 of 42 (B) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.
(2) Beginning on July 1, 2026 2028, and annually thereafter, a stewardship organization shall renew its registration with the Secretary.
A renewal registration shall include the following:
(A) a list of the manufacturers participating in the stewardship organization;
(B) a list of the brands of each manufacturer participating in the stewardship organization;
(C) a list of the covered household hazardous products of each manufacturer participating in the stewardship organization;
(D) the name, address, and contact information of a person responsible for ensuring compliance with this chapter;
(E) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization;
and (F) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.
* * * VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 40 of 42 Sec.
10.
10 V.S.A.
§ 7183 is amended to read:
§ 7183.
COLLECTION PLANS (a) Collection plan required.
On or before July 1, 2026, any stewardship organization registered with the Secretary as representing manufacturers of covered household hazardous products shall coordinate and submit to the Secretary for review one collection plan for all manufacturers a collection plan that addresses how covered household hazardous products enrolled in that plan meet the requirements of this chapter.
* * * Sec.
11.
10 V.S.A.
§ 7187 is amended to read:
§ 7187.
AGENCY RESPONSIBILITIES (a) Review and approve collection plans.
The Secretary shall review and approve or deny collection plans submitted under section 7183 of this title according to the public notice and comment requirements of section 7714 of this title.
* * * (h) Reimbursement of Agency oversight costs.
The stewardship organization shall reimburse the Secretary for the costs of overseeing the administration of the program under this chapter as follows:
(1) The Secretary shall annually provide an estimate of the costs of overseeing the administration of the household hazardous products collection VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 41 of 42 program to the stewardship organization, including staff costs, compliance, and oversight of the system.
(2) The stewardship organization shall provide any comments to the Secretary’s budget within 30 days following receipt.
The Agency of Natural Resources shall respond to all comments provided by the stewardship organization and may make changes to its budget in response to those comments.
These comments and the responses shall be provided to the General Assembly as a part of the Secretary’s budget.
(3) Reimbursement of Agency of Natural Resources costs under this subsection shall be subject to the State budgeting process, and the stewardship organization shall not be required to reimburse any Agency cost unless that cost is approved as a part of the Agency’s budget.
Sec.
12.
TRANSITION (a) Beginning on July 1, 2027, a group of manufacturers may register a new stewardship organization covering a class of household hazardous products and their packages when collected together.
There shall be only one stewardship organization per class of products;
however, there may be more than one stewardship program administering the requirements of 10 V.S.A.
chapter 164B.
(b) Beginning on July 1, 2027, an approved stewardship organization covering a class of household hazardous products may submit a plan for the VT LEG #389880 v.1 SENATE PROPOSAL OF AMENDMENT H.915 Page 42 of 42 products covered by that approved stewardship organization.
In addition to the elements covered by 10 V.S.A.
§ 7183, the plan shall describe any transition from the previously approved plan.
The Secretary shall have 120 days to review and approve or reject any plan submitted under this section.
That plan shall take effect on or before July 1, 2030.
Sec.
13.
EFFECTIVE DATES This act shall take effect on July 1, 2026, except that:
(1) in Sec.
1, 10 V.S.A.
§ 1524(c) (requiring a UPC label on containers) shall take effect on July 1, 2027;
(2) in Sec.
1, 10 V.S.A.
§ 1531(a) (prohibiting sale or distribution without participating in the producer responsibility organization) shall take effect on July 1, 2027;
(3) Sec.
2 (acceptance of beverage containers after plan implementation) shall take effect on March 1, 2029;
(4) in Sec.
5, 10 V.S.A.
§ 6618(b)(11) (capital implementation grants) shall take effect on July 1, 2029;
and (5) Sec.
7 (repeal of handling fees under the beverage container stewardship plan) shall take effect on July 1, 2030.
VT LEG #389880 v.1