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BILL AS INTRODUCED 2007-2008

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H.27

Introduced by Representatives Kitzmiller of Montpelier and Brooks of Montpelier

Referred to Committee on

Date:

Subject:  Conservation; solid waste; tire deposit

Statement of purpose:  This bill proposes to assess a deposit of $6.00 on the retail sale of a new motor vehicle tire, and to require that a refund of $5.00 be paid on delivery of such a tire for disposal.   The bill requires the secretary of natural resources to establish a stamp or mark to identify tires that are part of the program, and to indicate their refund value.  Effective July 1, 2008, these stamps are to be visibly affixed on each motor vehicle tire offered for retail sale in the state.  A retailer who sells motor vehicle tires shall accept used tires during no fewer than 40 hours per week, and may not refuse to redeem tires subject to the deposit, or to pay the refund value, provided the tires are reasonably clean.   The bill proposes to allow retail sellers, upon sale of a tire, to retain $0.25 and to remand the remaining $5.75 to the secretary of natural resources, who will retain $0.25 to mitigate costs, and will transfer the remaining $5.50 to a new tire deposit and used tire management fund.  This fund will contain two accounts, the new tire deposit account, which will be used to fund reimbursements, and the used tire management account, which will be allocated for the development of markets for used tires and to subsidize existing tire cleanups in the state.   The bill also requires the secretary to adopt rules necessary for the program, and to provide posters to enable retail sellers to indicate when tires may be redeemed at their establishments.

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 STAMPS, DEPOSITS, AND REFUNDS

(a)  Tire deposit and refund.  Effective July 1, 2007, a tire deposit of $6.00 per tire shall be paid by the consumer on every motor vehicle tire sold at the retail level in this state.  The deposit shall be allocated in accordance with subsection (d) of this section.  A refund of $5.00 per tire shall be provided to the consumer upon return to the retailer of a reasonably clean, used motor vehicle tire that was purchased in accordance with this section.

(b)  Tire identification.  The secretary shall develop an official uniform stamp, label, or other mark which clearly indicates the inclusion of a tire in this program and the refund value as established in subsection (a) of this section.  Effective July 1, 2008, this identification shall be visibly affixed to every motor vehicle tire sold or offered for retail sale in the state.

(c)  Acceptance of used tires.  A retailer who sells motor vehicle tires may not refuse to redeem tires subject to this deposit or to pay the consumer the refund value for the tires; however, the retailer shall be reimbursed by the secretary for the amount of the deposit.  A retailer may refuse to redeem motor vehicle tires which are not reasonably clean.

(d)  Allocation of tire deposit.  The retailer shall retain $0.25 of each tire deposit to mitigate costs incurred under this section and transfer the remaining $5.75 to the secretary.  The secretary shall retain $0.25 of each tire deposit to mitigate costs incurred under this section and transfer the remaining $5.50 in accordance with subsection (e) of this section.

(e)  New tire deposit and used tire management fund.  There is hereby created in the state treasury a fund to be managed by the secretary, to be known as the new tire deposit and used tire management fund.  The fund shall consist of two accounts, a new tire deposit account and a used tire management account.  At the end of any fiscal year, interest earned by the fund shall be deposited for use in the used tire management account.

(1)  New tire deposit account.  The secretary shall transfer $5.00 from each tire deposit into a new tire deposit account, which shall be used to reimburse establishments which have refunded consumer tire deposits in exchange for used tires.  All balances in this account at the end of any fiscal year shall either be allocated at the secretary’s discretion in order to further mitigate the costs or improve the overall efficiency of this program, or be carried forward as part of this fund account for use in the following fiscal year.   

(2)  Used tire management account.  The secretary shall transfer $0.50 from each tire deposit into a used tire management account, which shall be allocated at the secretary’s discretion for the purposes of researching the development of scrap tire markets in the state and supporting and subsidizing existing tire cleanups in the state.  All balances in this account at the end of any fiscal year shall be carried forward as part of this fund account for use in the following fiscal year. 

(f)  Rulemaking.  The secretary shall adopt rules establishing procedures for the collection and allocation of consumer tire deposits and the verification and payment of retailer claims for reimbursement, and such other rules as may otherwise be necessary for conditioning and controlling the sale, return, and ultimate disposition of motor vehicle tires in accordance with the purposes and provisions of this section.

(g)  Posters.  The secretary shall prepare and print suitable posters for sale, at cost, for a person to post the hours during which tires may be redeemed at his or her establishments.  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 establishment will accept reasonably clean motor vehicle tires purchased in accordance with Vermont’s tire deposit program during the following 40 or more hours of each week: 

Monday                 ………………………………………………………

Tuesday                 ………………………………………………………

Wednesday            ………………………………………………………

Thursday                ………………………………………………………

Friday                    ………………………………………………………

Saturday                 ………………………………………………………

Sunday                   ………………………………………………………

______________________________

(Name of establishment)

______________________________

(Operator, manager, or owner)



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us