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H.146

Introduced by   Representatives Brooks of Montpelier, Atkins of Winooski, Deen of Westminster, Grad of Moretown, Hosford of Waitsfield and, Klein of East Montpelier

Referred to Committee on

Date:

Subject:  Conservation; solid waste; tire deposit

Statement of purpose:  This bill proposes to assess a deposit of between $5.00 and $10.00 each on the sale of new motor vehicle tires, and to require that refunds be paid on delivery of these tires for disposal.  The bill proposes to require retail sellers to accept labeled tires and pay the amount of the deposit, and it requires tire manufacturers or distributors to pay the amount of the deposit, plus a handling fee.

AN ACT RELATING TO ESTABLISHING A DEPOSIT AND RETURN SYSTEM FOR MOTOR VEHICLE TIRES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 6621f is added to read:

§ 6621f.  MOTOR VEHICLE TIRE DEPOSIT AND RETURN

     (a)  A deposit of between $5.00 and $10.00 per tire shall be paid by the consumer on every motor vehicle tire sold at the retail level in this state and shall be refunded to the consumer upon return of a used motor vehicle tire that was purchased subject to this deposit.

     (b)  Every motor vehicle tire sold or offered for retail sale in the state shall be clearly identified by a stamp, label, or other mark securely and visibly affixed to the tire, bearing the inscription “Vermont tire deposit” and indicating the refund value.

     (c)  Each tire subject to the provisions of this section shall have a minimum refund value which equals the size of the deposit when returned to the place of purchase or to any retailer, distributor, or wholesaler who sells or offers for sale tires of the same kind, size, and brand.

     (d)  A retailer who sells motor vehicle tires may not refuse to accept tires subject to this deposit, or to pay to the consumer their refund value; however, the retailer shall be reimbursed by the manufacturer or distributor of those motor vehicle tires for the amount of the deposit, together with a handling fee in an amount which is at least the greater of $2.00 per tire or 20 percent of the amount of the deposit returned to the consumer.  A retailer may refuse to redeem motor vehicle tires which are not reasonably clean.

     (e)  With respect to tires subject to this deposit, a manufacturer or distributor may not refuse to accept from a retailer any used motor vehicle tires of the kind, size, and brand sold by the manufacturer or distributor, and may not refuse to pay the retailer the reimbursement value and handling fee established in this section.

     (f)  The secretary of natural resources shall adopt rules establishing a procedure for the payment of the refund, the collection of the deposit, and otherwise conditioning and controlling the sale of motor vehicle tires, which shall be designed to implement the purpose and provisions of this section.  The rules shall designate deposits due for each classification of tire, after due consideration being given to the costs of the tires.

     (g)  The secretary shall prepare and print suitable posters for sale, at cost, to persons who wish to post the hours during which tires will be redeemed at their places of business.  Tires shall be redeemed during no fewer than 40 hours per week during the regular operating hours of the establishment.  The poster shall be substantially in the following form:

NOTICE TO CUSTOMERS

     In accordance with the provisions of section 6621f of Title 10, Vermont Statutes Annotated, this store will redeem clean tires inscribed with the words:  “Vermont tire deposit” during the following 40 or more hours of each week:

     Monday       .................................................................

     Tuesday       .................................................................

     Wednesday  .................................................................

     Thursday     .................................................................

     Friday         ..................................................................

     Saturday     ..................................................................

     Sunday       ..................................................................

                                   .......................................................

                                  (Name of store or establishment)

                                   ........................................................

                                   (Operator, manager, or owner)

Sec. 2.  EFFECTIVE DATE

This act shall take effect on July 1, 2006.  The secretary of natural resources may adopt necessary rules by that date.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us