H 484

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No. 59. An act relating to miscellaneous agricultural subjects.
                                     (H.484)
It is hereby enacted by the General Assembly of the State of Vermont:
                        * * * Beneficial Substances * * *
Sec. 1. 6 V.S.A. chapter 28 is amended to read:
         CHAPTER 28. FERTILIZER AND, LIME, AND BENEFICIAL
                                 SUBSTANCES
§ 361. TITLE
   This chapter shall be known as the “Fertilizer, Lime, Plant Amendment,
Plant Biostimulant, and Soil Amendment and Beneficial Substances Law.”
§ 362. ENFORCING OFFICIAL
   This chapter shall be administered by the Secretary of Agriculture, Food
and Markets or designee, hereafter referred to as the Secretary.
§ 363. DEFINITIONS
   As used in this chapter:
      (1) “Agricultural lime” or “agricultural liming material” or “lime”
means one or more of the following:
          (A) All products with calcium and magnesium compounds that are
capable of neutralizing soil acidity and that are intended, sold, or offered for
sale for agricultural or plant propagation purposes.
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         (B) Limestone consisting essentially of calcium carbonate or a
combination of calcium carbonate with magnesium carbonate capable of
neutralizing soil acidity.
         (C) Industrial waste or industrial by-products byproducts that contain
calcium; calcium and magnesium; or calcium, magnesium, and potassium in
forms that are capable of neutralizing soil acidity and that are intended, sold, or
offered for sale for agricultural purposes. For the purposes of this chapter, the
terms “agricultural lime,” “lime,” and “agricultural liming material” shall have
the same meaning.
      (2) “Beneficial substance” means any substance or compound, other
than primary, secondary, and micro plant nutrients (fertilizers), and excluding
pesticides, that can be demonstrated by scientific research to be beneficial to
one or more species of plants, soil, or media. Beneficial substances include
plant amendments, plant biostimulants, plant inoculants, soil amendments, soil
inoculants, and other chemical or biological substances beneficial to plants or
their growing environment.
      (3) “Brand” means a term, design, or trademark used in connection with
one or more grades or formulas of fertilizer, plant amendment, plant
biostimulant, soil amendment beneficial substance, or lime.
      (3)(4) “Distribute” means to import, consign, manufacture, produce,
compound, mix, blend, offer for sale, sell, barter, or supply a fertilizer, a plant
amendment, a plant biostimulant, a soil amendment a beneficial substance, or
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lime in this State through any means, including sales outlets, catalogues, the
telephone, the internet, or any electronic means.
      (4)(5) “Distributor” means any person who distributes fertilizer, plant
amendment, plant biostimulant, soil amendments beneficial substance, or lime.
      (5)(6) “Exceptional quality biosolid” means a product derived in whole
or in part from domestic wastes that have been subjected to and meet the
requirements of the following:
         (A) a pathogen reduction process established in 40 C.F.R.
§ 503.32(a)(3), (4), (7), or (8);
         (B) one of the vector attraction reduction standards established in 40
C.F.R. § 503.33;
         (C) the contaminant concentration limits in Vermont Solid Waste
Rules § 6-1303(a)(1); and
         (D) if derived from a composting process, Vermont Solid Waste
Rules § 6-1303(a)(5).
      (6)(7) “Fertilizer” means any substance containing one or more
recognized plant nutrients that is used for its plant nutrient content and that is
designed for use or claimed to have value in promoting plant growth or health,
except unprocessed animal or vegetable manures and other products exempted
by the Secretary.
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         (A) A fertilizer material is a substance that either:
            (i) contains important quantities of at least one of the primary
plant nutrients: nitrogen, phosphorus, or potassium;
            (ii) has 85 percent or more of its plant nutrient content present in
the form of a single chemical compound; or
            (iii) is derived from a plant or chemical residue or by-product
byproduct or natural material deposit that has been processed in such a way
that its content of plant nutrients has not been materially changed except by
purification and concentration.
         (B) A mixed fertilizer is a fertilizer containing any combination or
mixture of fertilizer materials.
         (C) A specialty fertilizer is a fertilizer distributed for nonfarm use.
         (D) A bulk fertilizer is a fertilizer distributed in a nonpackaged form.
      (7)(8) “Formulation” means a material or mixture of materials prepared
according to a particular formula.
      (8)(9) “Grade” means the percentage of total nitrogen, available
phosphorus or phosphoric acid, and soluble potassium or potash stated in
whole numbers in the same terms, order, or percentages as in the guaranteed
analysis. Specialty fertilizers and fertilizer materials may be guaranteed in
fractional terms. Any grade expressed in fractional terms that is not preceded
by a whole number shall be preceded by zero.
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        (9)(10) “Guaranteed analysis” means:
           (A) in reference to fertilizer, the minimum percentages of plant
nutrients claimed by the manufacturer or producer of the product in the
following order and form: nitrogen, phosphorus, and potash; and
           (B) in reference to agricultural lime or agricultural liming material,
the minimum percentages of calcium oxide and magnesium oxide or calcium
carbonate and the calcium carbonate equivalent, or both, as claimed by the
manufacturer or producer of the product.
        (10)(11) “Label” means the display of all written, printed, or graphic
matter upon the immediate container or a statement accompanying a fertilizer,
plant amendment, plant biostimulant, soil amendment beneficial substance, or
lime.
        (11)(12) “Labeling” means all written, printed, or graphic material upon
or accompanying any fertilizer, plant amendment, plant biostimulant, soil
amendment beneficial substance, or lime, including advertisements, brochures,
posters, and television and radio announcements used in promoting the sale of
the fertilizer, plant amendment, plant biostimulant, soil amendment beneficial
substance, or lime.
        (12)(13) “Official sample” means any sample of fertilizer, plant
amendment, plant biostimulant, soil amendment beneficial substance, or lime
taken by the Secretary.
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      (13)(14) “Plant amendment” means any substance applied to plants or
seeds that is intended to improve growth, yield, product quality, reproduction,
flavor, or other favorable characteristics of plants, except for fertilizer, soil
amendments, agricultural liming materials, animal and vegetable manures,
pesticides, plant regulators, and other materials exempted by rule adopted
under this chapter.
      (14)(15) “Plant biostimulant” means a substance or, microorganism, or
mixtures thereof that, when applied to seeds, plants, or the rhizosphere,
stimulates soil, or other growth media act to support a plant’s natural nutrition
processes to enhance or benefit nutrient uptake, nutrient efficiency, tolerance
to abiotic stress, or crop quality and yield, except for fertilizers, soil
amendments, plant amendments, or pesticides independently of the
biostimulant’s nutrient content. The plant biostimulant thereby improves
nutrient availability, uptake, or use efficiency; tolerance to abiotic stress; and
consequent growth development, quality, or yield. The Secretary may modify
the definition of “plant biostimulant” by rule or procedure in order to maintain
consistency with U.S. Department of Agriculture requirements.
      (16) “Plant inoculant” means a product consisting of microorganisms to
be applied to the plant or soil for the purpose of enhancing the availability or
uptake of plant nutrients through the root system.
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      (15)(17) “Percent” or “percentage” means the percentage by weight.
      (16)(18) “Primary nutrient” includes nitrogen, available phosphoric acid
or phosphorus, and soluble potash or potassium.
      (17)(19) “Product” means the name of the fertilizer, plant amendment,
plant biostimulant, soil amendment beneficial substance, or lime that identifies
it as to kind, class, or specific use.
      (18)(20) “Registrant” means the person who registers a fertilizer, plant
amendment, plant biostimulant, soil amendment beneficial substance, or lime
under the provisions of this chapter.
      (19)(21) “Soil amendment” means a substance or mixture of substance
that is intended to improve the physical, chemical, biochemical, biological, or
other characteristics of the soil or a distinct form of horticultural growing
media used in lieu of soil. “Soil amendment” does not mean fertilizers,
agricultural liming materials, unprocessed animal manures, unprocessed
vegetable manures, pesticides, plant biostimulants, and other materials
exempted by rule. A compost product from a facility under the jurisdiction of
the Agency of Natural Resources’ Solid Waste Management Rules or
exceptional quality biosolids shall not be regulated as a soil amendment under
this chapter, unless marketed and distributed for the use in the production of an
agricultural commodity.
      (22) “Soil inoculant” means a microbial product that is applied to
colonize the soil to benefit the soil chemistry, biology, or structure.
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        (20)(23) “Ton” means a net weight of 2,000 pounds avoirdupois.
        (21)(24) “Use” includes all purposes for which a fertilizer, plant
amendment, plant biostimulant, soil amendment beneficial substance, or lime
is applied.
        (22)(25) “Weight” means the weight of undried material as offered for
sale.
§ 364. REGISTRATION
   (a) Each brand or grade or formula of fertilizer, plant amendment, plant
biostimulant, or soil amendment beneficial substance shall be registered in the
name of the person whose name appears upon the label before being
distributed in this State. The application for registration shall be submitted to
the Secretary on a form furnished by the Agency of Agriculture, Food and
Markets and shall be accompanied by a fee of $85.00 per grade or formulation
registered. Upon approval by the Secretary, a copy of the registration shall be
furnished to the applicant. All registrations expire on December 31 of each
year. The application shall include the following information:
        (1) the brand and grade or formulation;
        (2) the guaranteed analysis if applicable; and
        (3) the name and address of the registrant.
   (b) A distributor shall not be required to register any fertilizer, plant
amendment, plant biostimulant, or soil amendment or beneficial substance that
is already registered under this chapter by another person, provided there is no
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change in the label for the fertilizer, plant amendment, plant biostimulant, or
soil amendment or beneficial substance.
   (c) Each beneficial substance brand shall refer to a specific formulation.
Different brands may refer to the same specific formulation. Products for
which formulations change, such as changes in the “Contains Beneficial
Substances” analysis, statement of composition, or anything that implies a
different product, must obtain a new registration with a brand that
distinguishes it from the previous formulation.
   (d) A distributor shall not be required to register each grade of fertilizer
formulated or each formulation of soil amendment according to specifications
that are furnished by a consumer prior to mixing but shall be required to label
the fertilizer or soil amendment as provided in subsection 365(b) of this title.
   (d)(e) The Secretary may request additional proof of testing of products
prior to registration for guaranteed analyses or adulterants.
   (e)(f) Each separately identified agricultural lime product shall be
registered before being distributed in this State. Registration shall be
performed in the same manner as fertilizer registration except that each
application shall be accompanied by a fee of $50.00 per product.
   (f)(g) The registration and tonnage fees, along with any deficiency
penalties collected pursuant to sections 331 and 372 of this title, shall be
deposited in a special fund. Funds deposited in this fund shall be restricted to
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implementing and administering the provisions of this title and any other
provisions of law relating to feeds and seeds.
§ 365. LABELS
   (a)(1) Any fertilizer or agricultural lime distributed in this State in
containers shall have placed on or affixed to the container a label setting forth
in clearly legible and conspicuous form the following information:
         (A) net weight;
         (B) brand and grade, provided that grade shall not be required when
no primary nutrients are claimed;
         (C) guaranteed analysis; and
         (D) name and address of the registrant.
      (2) For bulk shipments, this information in written or printed form shall
accompany delivery and be supplied to the purchaser at the time of delivery.
   (b) A fertilizer or lime formulated according to specifications furnished by
a consumer prior to mixing shall be labeled to show the net weight, the
guaranteed analysis or name, analysis and weight of each ingredient used in the
mixture, and the name and address of the distributor and purchaser.
   (c) If the Secretary finds that a requirement for expressing calcium and
magnesium in elemental form would not impose an economic hardship on
distributors and users of agricultural liming materials by reason of conflicting
label requirements among states, the Secretary may require by rule that the
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minimum percent of calcium oxide and magnesium oxide or calcium carbonate
and magnesium carbonate, or both, shall be expressed in the following terms:
         Total Calcium (Ca) ......................................... percent
         Total Magnesium (Mg) ......................................... percent
   (d)(1) Any plant amendment, plant biostimulant, or soil amendment
beneficial substance distributed in this State in containers shall have placed on
or affixed to the container a label setting forth in clearly legible and
conspicuous form the following information:
            (A) net weight or volume;
            (B) brand name;
            (C) purpose statement identifying the purpose of the product;
            (D) directions for application or use;
            (E) guaranteed analysis; and
            (F) name and address of the registrant; and
            (F) a statement of composition showing the amount of each
ingredient, which is the agent in a product primarily responsible for the
intended effects using the following format:
            CONTAINS BENEFICIAL SUBSTANCE(S)
            Name of beneficial substance  % (or acceptable
units)
            Genus and species of microorganism  % viable CFU/cm3, /ml,
/g, or other acceptable units
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         (Identify and list all beneficial substances. Substances shall include
ingredient source, if applicable. Ex. “humic acid from leonardite or saponin
from Yucca schidigera”).
      (2) For products that claim microorganisms, labels shall also include:
         (A) the expiration date for use; and
         (B) storage conditions.
      (3) For bulk shipments of fertilizer, plant amendment, plant
biostimulant, soil amendment beneficial substances, or lime, the information
required under this subsection shall accompany delivery in written or printed
form and shall be supplied to the purchaser at the time of delivery.
      (4) Efficacy data may be required to support beneficial substance
ingredient claims if the ingredient is not presently defined by the Association
of American Plant Food Control Officials’ Official Publication for the
particular claim.
      (3)(5) Under a rule adopted under this subsection, an affected person
shall be given a reasonable time to come into compliance.
§ 366. TONNAGE FEES
   (a) A person distributing fertilizer to a nonregistrant consumer in the State
annually shall pay the following fees to the Secretary:
      (1) a $150.00 minimum tonnage fee;
      (2) $0.50 per ton of agricultural fertilizer distributed; and
      (3) $30.00 per ton of nonagricultural fertilizer distributed.
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   (b) Persons distributing fertilizer shall report annually on or before January
15 for the previous year ending December 31 to the Secretary revealing the
amounts of each grade of fertilizer and the form in which the fertilizer was
distributed within this State. Each report shall be accompanied with payment
and written permission allowing the Secretary to examine the person’s books
for the purpose of verifying tonnage reports.
   (c) No information concerning tonnage sales furnished to the Secretary
under this section shall be disclosed in such a way as to divulge the details of
the business operation to any person unless it is necessary for the enforcement
of the provisions of this chapter.
   (d) Persons distributing a plant amendment, plant biostimulant, or soil
amendment beneficial substance in the State shall report annually on or before
January 15 for the previous year ending December 31 to the Secretary
revealing the amounts of each formulation of plant amendment, plant
biostimulant, or soil amendment beneficial substance and the form in which
the plant amendment, plant biostimulant, or soil amendment beneficial
substance was distributed within this State. Each report shall include a written
authorization allowing the Secretary to examine the person’s books for the
purpose of verifying tonnage reports. Plant amendments, plant biostimulants,
and soil amendments are A beneficial substance is exempt from tonnage fees.
   (e) Agricultural limes, including agricultural lime mixed with wood ash,
are exempt from the tonnage fees required in this section.
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   (f) Lime and wood ash mixtures may be registered as agricultural liming
materials and guaranteed for potassium or potash, provided that the wood ash
totals less than 50 percent of the mixture.
   (g)(1) All fees collected under subdivisions (a)(1) and (2) of this section
shall be deposited in the special fund created by subsection 364(f) of this title
and used in accordance with its provisions.
      (2) All fees collected under subdivision (a)(3) of this section shall be
deposited in the Agricultural Water Quality Special Fund created under section
4803 of this title.
   (h) [Repealed.]
§ 367. INSPECTION; SAMPLING; ANALYSIS
   For the purpose of enforcing this chapter and determining whether or not
fertilizers, plant amendment, plant biostimulant, soil amendments beneficial
substances, and lime distributed in this State endanger the health and safety of
Vermont citizens, the Secretary upon presenting appropriate credentials is
authorized:
      (1) To enter any public or private premises except domiciles during
regular business hours and stop and enter any vehicle being used to transport or
hold fertilizer, a plant amendment, a plant biostimulant, a soil amendment
beneficial substances, or lime.
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      (2) To inspect blending plants, warehouses, establishments, vehicles,
equipment, finished or unfinished materials, containers, labeling, and records
relating to distribution, storage, or use.
      (3) To sample and analyze any fertilizer, plant amendment, plant
biostimulant, soil amendment beneficial substance, or lime. The methods of
sampling and analysis shall be those adopted by the Association of Official
Analytical Chemists. In cases not covered by this method or in cases where
methods are available in which improved applicability has been demonstrated,
the Secretary may authorize and adopt methods that reflect sound analytical
procedures.
      (4) To develop any reasonable means necessary to monitor and adopt
rules for the use of fertilizers, plant amendments, plant biostimulants, soil
amendments beneficial substances, and lime on Vermont soils where
monitoring indicates environmental or health problems. In addition, the
Secretary may develop and adopt rules for the proper storage of fertilizers,
plant amendments, plant biostimulants, soil amendments beneficial substances,
and lime held for distribution or sale.
§ 368. MISBRANDING
   (a) No person shall distribute a misbranded fertilizer, plant amendment,
plant biostimulant, soil amendment beneficial substance, or agricultural lime.
A fertilizer, plant amendment, plant biostimulant, or soil amendment beneficial
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substance shall be deemed to be misbranded if the Secretary determines one or
more of the following:
      (1) The labeling is false or misleading in any particular.
      (2) It is distributed under the name of another fertilizer product, plant
amendment, plant biostimulant, or soil amendment beneficial substance.
      (3) It contains unsubstantiated claims.
      (4) It is not labeled as required in section 365 of this title and in
accordance with rules adopted under this chapter.
      (5) It is labeled, or represented, to contain a plant nutrient that does not
conform to the standard of identity established by rule. In adopting rules under
this chapter, the Secretary shall give consideration to consider definitions
recommended by the Association of American Plant Food Control Officials.
   (b) An agricultural lime shall be deemed to be misbranded if:
      (1) its labeling is false or misleading in any particular; or
      (2) it is not labeled as required by section 365 of this title and in
accordance with rules adopted under this chapter.
§ 369. ADULTERATION
   No person shall distribute an adulterated lime, plant amendment, plant
biostimulant, soil amendment beneficial substance, or fertilizer product. A
fertilizer, plant amendment, plant biostimulant, soil amendment beneficial
substance, or lime shall be deemed to be adulterated if:
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      (1) it contains any deleterious or harmful ingredient in an amount
sufficient to render it injurious to beneficial plant life, animals, humans,
aquatic life, soil, or water when applied in accordance with directions for use
on the label, or if uses of the product may result in contamination or
condemnation of a raw agricultural commodity by use, or if adequate warning
statements or directions for use that may be necessary to protect plant life,
animals, humans, aquatic life, soil, or water are not shown on the label;
      (2) its composition falls below or differs from that which it is purported
to possess by its labeling;
      (3) it contains crop seed or weed seed; or
      (4) it contains heavy metals, radioactive substances, or synthetic
organics in amounts sufficient to render it injurious to livestock or human
health when applied in accordance with directions for use on the label, or if
adequate warning statements or directions for use that may be necessary to
protect livestock or human health are not shown on the label.
§ 370. PUBLICATION; CONSUMER INFORMATION REGARDING USE
         ON NONAGRICULTURAL TURF OF FERTILIZER, PLANT
         AMENDMENTS, PLANT BIOSTIMULANTS, AND SOIL
         AMENDMENTS BENEFICIAL SUBSTANCES
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   (a) The Secretary shall publish on an annual basis:
      (1) information concerning the distribution of fertilizers, plant
amendments, plant biostimulants, soil amendments beneficial substances, and
limes; and
      (2) results of analyses based on official samples of fertilizers, plant
amendments, plant biostimulants, soil amendments beneficial substances, and
lime distributed within the State as compared with guaranteed analyses
required pursuant to the terms of this chapter.
   (b)(1) The Secretary, in consultation with the University of Vermont
Extension, fertilizer industry representatives, lake groups, and other interested
or affected parties, shall produce information for distribution to the general
public with respect to the following:
          (A) problems faced by the waters of the State because of discharges
of phosphorus;
          (B) an explanation of the extent to which phosphorus exists naturally
in the soil;
          (C) voluntary best management practices for the use of fertilizers
containing phosphorus on nonagricultural turf; and
          (D) best management practices for residential sources of phosphorus.
      (2) The Secretary shall develop the information required under this
subsection and make it available to the general public in the manner deemed
most effective, which may include:
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         (A) conspicuous posting at the point of retail sale of fertilizer
containing phosphorus, according to recommendations for how that
conspicuous posting may best take place;
         (B) public service announcements by means of electronic media; or
         (C) other methods deemed by the Secretary to be likely to be
effective.
                                       ***
§ 371. RULES
   The Secretary is authorized to adopt rules pursuant to 3 V.S.A. chapter 25
as may be necessary to implement the intent of this chapter and to enforce
those rules.
                                       ***
§ 374. SHORT WEIGHT
   (a) If any fertilizer, plant amendment, plant biostimulant, soil amendment
beneficial substance, or agricultural liming material is found to be short in net
weight, the registrant of the fertilizer, plant amendment, plant biostimulant,
soil amendment beneficial substance, or lime shall pay a penalty of three times
the value of the actual shortage to the affected party.
   (b) Each registrant shall be offered an opportunity for a hearing before the
Secretary. Penalty payments shall be made within 30 days after notice of the
Secretary’s decision to assess a penalty. Proof of payment to the consumer
shall be promptly forwarded to the Secretary by the registrant.
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   (c) If the consumer cannot be found, the amount of the penalty payments
shall be paid to the Secretary who shall deposit the payment into the revolving
account established by subsection 364(f) of this title.
   (d) This section is not an exclusive cause of action, and persons affected
may utilize any other right of action available under law.
§ 375. CANCELLATION OF REGISTRATION
   The Secretary is authorized to cancel or suspend the registration of any
fertilizer, plant amendment, plant biostimulant, soil amendment beneficial
substance, or lime or refuse a registration application if the provisions of this
chapter or the rules adopted under this chapter have been violated, provided
that no registration shall be revoked or refused without a hearing before the
Secretary.
§ 376. DETAINED FERTILIZER, BENEFICIAL SUBSTANCE, AND LIME
   (a) Withdrawal from distribution orders. When the Secretary has
reasonable cause to believe any lot of fertilizer, plant amendment, plant
biostimulant, soil amendment beneficial substance, or lime is being distributed
in violation of any of the provisions of this chapter or any of the rules under
this chapter, the Secretary may issue and enforce a written or printed
“withdrawal from distribution” order, warning the distributor not to dispose of
the lot of fertilizer, plant amendment, plant biostimulant, soil amendment
beneficial substance, or lime in any manner until written permission is given
by the Secretary or the court. The Secretary shall release the lot of fertilizer,
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plant amendment, plant biostimulant, soil amendment beneficial substance, or
lime withdrawn when this chapter and rules have been complied with. If
compliance is not obtained within 30 days, the Secretary may begin, or upon
request of the distributor or registrant shall begin, proceedings for
condemnation.
   (b) Condemnation and confiscation. Any lot of fertilizer, plant
amendment, plant biostimulant, soil amendment beneficial substance, or lime
not in compliance with this chapter and rules shall be subject to seizure on
complaint of the Secretary to a court of competent jurisdiction in the area in
which the fertilizer, plant amendment, plant biostimulant, soil amendment
beneficial substance, or lime is located. In the event the court finds the
fertilizer, plant amendment, plant biostimulant, soil amendment beneficial
substance, or lime to be in violation of this chapter and orders the
condemnation of the fertilizer, plant amendment, plant biostimulant, soil
amendment beneficial substance, or lime, it shall be disposed of in any manner
consistent with the quality of the fertilizer, plant amendment, plant
biostimulant, soil amendment beneficial substance, or lime and the laws of the
State, provided that in no instance shall disposition of the fertilizer, plant
amendment, plant biostimulant, soil amendment beneficial substance, or lime
be ordered by the court without first giving the claimant an opportunity to
apply to the court for release of the fertilizer, plant amendment, plant
biostimulant, soil amendment beneficial substance, or lime or for permission to
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process or relabel the fertilizer, plant amendment, plant biostimulant, soil
amendment beneficial substance, or lime to bring it into compliance with this
chapter.
                                       ***
§ 379. EXCHANGES BETWEEN MANUFACTURERS
   Nothing in this chapter shall be construed to restrict or impair sales or
exchanges of fertilizers, plant amendments, plant biostimulants, or soil
amendments or beneficial substances to each other by importers,
manufacturers, or manipulators who mix fertilizer materials, plant
amendments, plant biostimulants, or soil amendments or beneficial substances
for sale or to prevent the free and unrestricted shipments of fertilizer, plant
amendments, plant biostimulant, or soil amendments or beneficial substances
to manufacturers or manipulators who have registered their brands as required
by provisions of this chapter.
§ 380. ADMINISTRATIVE PENALTY
   Consistent with chapter 1 of this title, the Secretary may assess an
administrative penalty upon determining that a person has violated a rule
issued under this chapter or has violated this chapter in the following manner:
      (1) distributed a specialty fertilizer, plant amendment, plant
biostimulant, soil amendment beneficial substance, or lime without first
obtaining the appropriate product registration;
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      (2) distributed a fertilizer, plant amendment, plant biostimulant, soil
amendment beneficial substance, or lime without appropriate and accurate
labeling, including when a beneficial substance label does not reflect its
composition;
      (3) distributed any adulterated fertilizer, beneficial substance, or lime;
      (4) failed to disclose on the label sources of potentially deleterious
components;
      (5) failed to report or to accurately report the amount and form of each
grade of fertilizer distributed in Vermont on an annual basis;
      (4)(6) failed to report or to accurately report the amount and form of
each formulation of plant amendment, plant biostimulant, or soil amendment
beneficial substance;
      (5)(7) failed to pay the appropriate tonnage fee; or
      (6)(8) violated a cease and desist order.
                                       ***
                         * * * Pesticides; Disposal * * *
Sec. 2. 6 V.S.A. § 918 is amended to read:
§ 918. REGISTRATION
                                       ***
   (b)(1) The registrant shall pay an annual fee of $200.00 for each product
registered, and $185.00 of that amount shall be deposited in the special fund
created in section 929 of this title. Of the registration fees collected under this
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subsection, $15.00 of the amount collected shall be deposited in the
Agricultural Water Quality Special Fund under section 4803 of this title. Of
the registration fees collected under this subsection, $25.00 of the amount
collected shall be used to offset the additional costs of inspection of economic
poison products and to provide educational services, training, and technical
assistance to pesticide applicators, beekeepers, and the general public
regarding the effects of pesticides on pollinators and the methods or best
management practices to reduce the impacts of pesticides on pollinators. The
annual registration year shall be from December 1 to November 30 of the
following year.
      (2) In addition to the fee required under subdivision (1) of this
subsection, a registrant shall pay a fee of $50.00 per product registration that
shall be deposited in the special fund created in section 929 of this title and
used to meet the requirements of subdivision 929(a)(6) of this title. This
additional fee shall be collected from registrants until such time as an extended
producer responsibility program is implemented in the State that fully funds
the collection of obsolete and unwanted pesticides.
                                       ***
Sec. 3. PESTICIDE DISPOSAL FUNDING STUDY
   (a)(1) The Secretary of Agriculture, Food and Markets, in consultation with
the Commissioner of Environmental Conservation, shall study options for
sustainable funding sources to reimburse solid waste management entities for
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all costs associated with the collection and disposal of unwanted or obsolete
pesticides at municipal hazardous waste collection programs and events.
      (2) The costs to be reimbursed shall include the prorated costs related to
facilities, equipment, labor, supplies, maintenance, and collection events.
Prorated costs associated with collection events shall include collection event
setup fees, environmental service fees, insurance fees, and shipping containers
and materials related to the collection and disposal of unwanted or obsolete
pesticides.
      (3) The study shall include consideration of the viability of an extended
producer responsibility program for pesticides among other options.
      (4) The Secretary shall consult with stakeholders.
   (b) On or before December 15, 2025, the Secretary of Agriculture, Food
and Markets shall submit a written report on its findings to the House
Committees on Agriculture, Food Resiliency, and Forestry and on
Environment and the Senate Committees on Agriculture and on Natural
Resources and Energy. The report shall include a recommended funding
mechanism that will cover all costs associated with collecting unwanted
pesticides through municipal collection programs.
                        * * * Stormwater Permits * * *
Sec. 4. STORMWATER PERMITTING; RUTLAND COUNTY
         AGRICULTURAL SOCIETY, INC.
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   No stormwater impact fee or completion of an offset shall be required for
the Rutland County Agricultural Society, Inc. under the three-acre stormwater
permit required by 10 V.S.A. § 1264, provided that the Society is registered
with the Agency of Agriculture, Food and Markets.
Sec. 5. [Deleted.]
                          * * * Heavy Cut Rule * * *
Sec. 6. DEPARTMENT OF FORESTS, PARKS AND RECREATION;
         HEAVY CUT RULE; VALIDITY
   (a) Notwithstanding 1 V.S.A. § 214 to the contrary:
      (1) the provisions of 3 V.S.A. § 848(c) (repeal of rules not published in
the Vermont Code of Rules as of July 1, 2018) shall be deemed not to have
repealed the Department of Forests, Parks and Recreation rule entitled “Intent
to Cut Notification Emergency Rules, Standards and Procedures”; and
      (2) the provisions of the Department of Forests, Parks and Recreation
rule entitled “Intent to Cut Notification Emergency Rules, Standards and
Procedures” shall be deemed to have continued in full force and effect and
remained valid on and after July 1, 2018.
   (b)(1) All actions taken by the Department of Forests, Parks and Recreation
from July 1, 2018 through July 1, 2025 to grant or deny an authorization to
proceed with a heavy cut pursuant to the provisions of 10 V.S.A. § 2625 and
the Department of Forests, Parks and Recreation rule entitled “Intent to Cut
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Notification Emergency Rules, Standards and Procedures” are valid and
enforceable.
      (2) As used in this subsection, the term “heavy cut” has the same
meaning as in 10 V.S.A. § 2625.
   (c) On or before July 1, 2026, the Department of Forests, Parks and
Recreation shall publish the rule entitled “Intent to Cut Notification
Emergency Rules, Standards and Procedures” in the Vermont Code of Rules.
  * * * Household Hazardous Waste Extended Producer Responsibility * * *
Sec. 7. 10 V.S.A. § 7181 is amended to read:
§ 7181. DEFINITIONS
   As used in this chapter:
                                       ***
      (4)(A) “Covered household hazardous product” means a consumer
product offered for retail sale that is contained in the receptacle in which the
product is offered for retail sale, if the product has any of the following
characteristics:
            (i) the product or a component of the product is a hazardous waste
under subchapter 2 of the Vermont Hazardous Waste Management
Regulations, regardless of the status of the generator of the hazardous waste; or
            (ii) the product is a gas cylinder.
         (B) “Covered household hazardous product” does not mean any of
the following:
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                                        ***
             (iv) architectural paint paint products as that term is defined in
section 6672 of this title;
                                        ***
Sec. 8. 10 V.S.A. § 7182 is amended to read:
§ 7182. SALE OF COVERED HOUSEHOLD HAZARDOUS PRODUCTS;
         STEWARDSHIP ORGANIZATION REGISTRATION;
         MANUFACTURER REGISTRATION
   (a) Sale prohibited.
      (1) A manufacturer of a covered household hazardous product shall not
sell, offer for sale, or deliver to a retailer for subsequent sale a covered
household hazardous product without registering with the stewardship
organization pursuant to subsection (c) of this section.
      (2) Beginning six months after a final decision on the adequacy of a
collection plan by the Secretary, a manufacturer of a covered household
hazardous product shall not sell, offer for sale, or deliver to a retailer for
subsequent sale a covered household hazardous product unless all the
following have been met:
         (1)(A) The manufacturer is participating in a stewardship
organization implementing an approved collection plan.
         (2)(B) The name of the manufacturer, the manufacturer’s brand, and
the name of the covered household hazardous product are submitted to the
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Agency of Natural Resources by a stewardship organization and listed on the
stewardship organization’s website as covered by an approved collection plan.
         (3)(C) The stewardship organization in which the manufacturer
participates has submitted an annual report consistent with the requirements of
section 7185 of this title.
         (4)(D) The stewardship organization in which the manufacturer
participates has conducted a plan audit consistent with the requirements of
subsection 7185(b) of this title.
   (b) Stewardship organization registration requirements.
      (1) On or before July 1, 2025 and annually thereafter, 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 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;
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         (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)(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) A renewal of a registration without changes may be accomplished
through notifying the Agency of Natural Resources on a form provided by the
Agency Beginning on July 1, 2026 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
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         (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.
   (c) Manufacturer registration. On or before November 1, 2025, a
manufacturer of a covered household hazardous product shall register with the
stewardship organization in a manner proscribed by the stewardship
organization.
Sec. 9. 10 V.S.A. § 7183 is amended to read:
§ 7183. COLLECTION PLANS
   (a) Collection plan required. Prior to July 1, 2025 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.
   (b) Collection plan; minimum requirements. Each collection plan shall
include, at a minimum, all of the following requirements:
      (1) Initial plan. The initial plan shall last for a period not to exceed
three years and contain, at a minimum, the following requirements:
         (A) List of participants. A list of the manufacturers, brands, and
products participating in the collection plan and a methodology for adding and
removing manufacturers and notifying the Agency of new participants.
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      (2)(B) Free statewide collection of covered household hazardous
products. The collection program shall provide reimburse municipalities when
a municipality provides for free, convenient, and accessible statewide
opportunities for the collection from covered entities of covered household
hazardous products, including orphan covered products. A stewardship
organization shall accept all covered household hazardous products collected
from a covered entity and shall not refuse the collection of a covered
household hazardous product, including orphan covered household products,
based on the brand or manufacturer of the covered household hazardous
product unless specifically exempt from this requirement. The collection
program shall also provide for the payment of collection, processing, and end-
of-life management of the covered household hazardous products. Collection
costs include facility costs, equipment costs, labor, supplies, maintenance,
events costs, and event contractor costs, including collection event set-up fees,
environmental service fees, insurance fees, and shipping containers and
materials.
      (3) Convenient collection location. The stewardship organization shall
develop a collection program that allows all municipal household hazardous
waste collection programs to opt to be a part of the collection plan, including
collection events and facilities offered by solid waste planning entities. The
plan shall make efforts to site points of collection equitably across all regions
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of the State to allow for convenient and reasonable access of all Vermonters to
collection facilities or collection events.
      (4) Public education and outreach. The collection plan shall include an
education and outreach program that shall include a website and may include
media advertising, retail displays, articles and publications, and other public
educational efforts. Outreach and education shall be suitable for the State’s
diverse ethnic populations, through translated and culturally appropriate
materials, including in-language and targeted outreach. Public education and
outreach should include content to increase meaningful participation by
environmental justice focus populations as required by 3 V.S.A. chapter 72.
During the first year of program implementation and two years after adoption
of the collection plan, each stewardship organization shall carry out a survey of
public awareness regarding the requirements of the program established under
this chapter that can identify communities that have disparities in awareness
and need more outreach. Each stewardship organization shall share the results
of the public awareness surveys with the Secretary. If multiple stewardship
organizations are implementing plans approved by the Secretary, the
stewardship organizations shall coordinate in carrying out their education and
outreach responsibilities under this subdivision and shall include in their
annual reports to the Secretary a summary of their coordinated education and
outreach efforts. The education and outreach program and website shall notify
the public of the following:
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         (A) that there is a free collection program for covered household
hazardous products;
         (B) the location and hours of operation of collection points and how a
covered entity can access this collection program;
         (C) the special handling considerations associated with covered
household hazardous products; and
         (D) source reduction information for consumers to reduce leftover
covered household products.
      (5) Compliance with appropriate environmental standards. In
implementing a collection plan, a stewardship organization shall comply with
all applicable laws related to the collection, transportation, and disposal of
hazardous waste. A stewardship organization shall comply with any special
handling or disposal standards established by the Secretary for covered
household hazardous products or for the collection plan of the manufacturer.
      (6) Method of disposition. The collection plan shall describe how
covered household hazardous products will be managed in the most
environmentally and economically sound manner, including following the
waste-management hierarchy. The management of covered household
hazardous products under the collection plan shall use management activities
in the following priority order: source reduction, reuse, recycling, energy
recovery, and disposal. Collected covered household hazardous products shall
be recycled when technically and economically feasible.
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      (7) Performance goals. A collection plan shall include:
         (A) A performance goal for covered household hazardous products
determined by the number of total participants at collection events and
facilities listed in the collection plan during a program year divided by the total
number of households. The number of households shall include seasonal
households. The calculation methodology for the number of households shall
be included in the plan.
         (B) At a minimum, the collection performance goal for the first
approved plan shall be an annual participation rate of five percent of the
households for every collection program based on the number of households
the collection program serves. After the initial approved program plan, the
stewardship organization shall propose performance goals for subsequent
program plans. The Secretary shall approve the performance goals for the plan
at least every five years. The stewardship organization shall use the results of
the most recent waste composition study required under 6604 of this title and
other relevant factors to propose the performance goals of the collection plan.
If a stewardship organization does not meet its performance goals, the
Secretary may require the stewardship organization to revise the collection
plan to provide for one or more of the following: additional public education
and outreach, additional collection events, or additional hours of operation for
collection sites. A stewardship organization is not authorized to reduce or
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cease collection, education and outreach, or other activities implemented under
an approved plan on the basis of achievement of program performance goals.
      (8)(C) Collection plan funding. The collection plan shall describe how
the stewardship organization will fund the implementation of the collection
plan and collection activities under the plan, including the costs for education
and outreach, collection, processing, and end-of-life management of the
covered household hazardous product all municipal collection offered to the
public in a base program year. A base program year shall be based on the
services provided in calendar year 2024 and any other collection facilities or
events approved by the Secretary. Collection costs include facility costs,
equipment costs, labor, supplies, maintenance, events costs, and event
contractor costs, including collection event set-up fees, environmental service
fees, insurance fees, and shipping containers and materials. The collection
plan shall include how municipalities will be compensated for all costs
attributed to collection of covered household hazardous products. The
Secretary shall resolve disputes relating to compensation.
      (2) Subsequent plans. After the expiration of the initial plan approved
by the Secretary, the collection plan shall include, at a minimum, the
following:
         (A) List of participants. A list of the manufacturers, brands, and
products participating in the collection plan and a methodology for adding and
removing manufacturers and notifying the Agency of new participants.
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         (B) Free statewide collection of covered household hazardous
products. The collection program shall provide for free, convenient, and
accessible statewide opportunities for the collection from covered entities of
covered household hazardous products, including orphan covered products. A
stewardship organization shall accept all covered household hazardous
products collected from a covered entity and shall not refuse the collection of a
covered household hazardous product, including orphan covered household
products, based on the brand or manufacturer of the covered household
hazardous product unless specifically exempt from this requirement. The
collection program shall also provide for the payment of collection, processing,
and end-of-life management of the covered household hazardous products.
Collection costs include facility costs, equipment costs, labor, supplies,
maintenance, events costs, and event contractor costs, including collection
event set-up fees, environmental service fees, insurance fees, and shipping
containers and materials.
         (C) Convenient collection location. The stewardship organization
shall develop a collection program that allows all municipal household
hazardous waste collection programs to opt to be a part of the collection plan,
including collection events and facilities offered by solid waste planning
entities. The plan shall make efforts to site points of collection equitably
across all regions of the State to allow for convenient and reasonable access of
all Vermonters to collection facilities or collection events.
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         (D) Public education and outreach. The collection plan shall include
an education and outreach program that shall include a website and may
include media advertising, retail displays, articles and publications, and other
public educational efforts. Outreach and education shall be suitable for the
State’s diverse ethnic populations, through translated and culturally appropriate
materials, including in-language and targeted outreach. Public education and
outreach should include content to increase meaningful participation by
environmental justice focus populations as required by 3 V.S.A. chapter 72.
During the second approved plan, each stewardship organization shall carry
out a survey of public awareness regarding the requirements of the program
established under this chapter that can identify communities that have
disparities in awareness and need more outreach. Each stewardship
organization shall share the results of the public awareness surveys with the
Secretary. If multiple stewardship organizations are implementing plans
approved by the Secretary, the stewardship organizations shall coordinate in
carrying out their education and outreach responsibilities under this
subdivision (D) and shall include in their annual reports to the Secretary a
summary of their coordinated education and outreach efforts. The education
and outreach program and website shall notify the public of the following:
            (i) that there is a free collection program for covered household
hazardous products;
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            (ii) the location and hours of operation of collection points and
how a covered entity can access this collection program;
            (iii) the special handling considerations associated with covered
household hazardous products; and
            (iv) source reduction information for consumers to reduce leftover
covered household products.
         (E) Compliance with appropriate environmental standards. In
implementing a collection plan, a stewardship organization shall comply with
all applicable laws related to the collection, transportation, and disposal of
hazardous waste. A stewardship organization shall comply with any special
handling or disposal standards established by the Secretary for covered
household hazardous products or for the collection plan of the manufacturer.
         (F) Method of management. The collection plan shall describe how
covered household hazardous products will be managed in the most
environmentally and economically sound manner, including following the
waste-management hierarchy. The management of covered household
hazardous products under the collection plan shall use management activities
in the following priority order: source reduction, reuse, recycling, energy
recovery, and disposal. Collected covered household hazardous products shall
be recycled when technically and economically feasible.
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         (G) Performance goals. A collection plan shall include:
            (i) A performance goal for covered household hazardous products
determined by the number of total participants at collection events and
facilities listed in the collection plan during a program year divided by the total
number of households. The number of households shall include seasonal
households. The calculation methodology for the number of households shall
be included in the plan.
            (ii) At a minimum, the collection performance goal for the initial
plan approved pursuant to subdivision (1) of this subsection (b) shall be an
annual participation rate of seven percent of the households for every
collection program based on the number of households the collection program
serves. After the initial approved program plan, the stewardship organization
shall propose performance goals for subsequent program plans. The Secretary
shall approve the performance goals for the plan at least every five years. The
stewardship organization shall use the results of the most recent waste
composition study required under 6604 of this title and other relevant factors to
propose the performance goals of the collection plan. If a stewardship
organization does not meet its performance goals, the Secretary may require
the stewardship organization to revise the collection plan to provide for one or
more of the following: additional public education and outreach, additional
collection events, or additional hours of operation for collection sites. A
stewardship organization is not authorized to reduce or cease collection,
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education and outreach, or other activities implemented under an approved
plan on the basis of achievement of program performance goals.
         (H) Collection plan funding. The collection plan shall describe how
the stewardship organization will fund the implementation of the collection
plan and collection activities under the plan, including the costs for education
and outreach, collection, processing, and end-of-life management of the
covered household hazardous product. Collection costs include facility costs,
equipment costs, labor, supplies, maintenance, events costs, and event
contractor costs, including collection event set-up fees, environmental service
fees, insurance fees, and shipping containers and materials. The collection
plan shall include how municipalities will be compensated for all costs
attributed to collection of covered household hazardous products. The
Secretary shall resolve disputes relating to compensation.
   (c) Term of collection plan. A collection plan approved by the Secretary
under section 7187 of this title shall have a term not to exceed five years,
provided that the stewardship organization remains in compliance with the
requirements of this chapter and the terms of the approved collection plan.
   (d) Collection plan implementation. Stewardship organizations shall
implement the collection plan on or before six months after the date of a final
decision by the Secretary on the adequacy of the collection plan.
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Sec. 10. 10 V.S.A. § 7184 is amended to read:
§ 7184. STEWARDSHIP ORGANIZATIONS
   (a) Participation in a stewardship organization. A manufacturer shall meet
the requirements of this chapter by participating in a stewardship organization
that undertakes the responsibilities under sections 7182, 7183, and 7185 of this
title.
   (b) Qualifications for a stewardship organization. To qualify as a
stewardship organization under this chapter, an organization shall:
         (1) commit to assume the responsibilities, obligations, and liabilities of
all manufacturers participating in the stewardship organization;
         (2) not create unreasonable barriers for participation in the stewardship
organization; and
         (3) maintain a public website that lists all manufacturers and
manufacturers’ brands and products covered by the stewardship organization’s
approved collection plan.
   (c) A stewardship organization is authorized to charge its members
reasonable fees for the organization, administration, and implementation of the
programs required by 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
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according to the public notice and comment requirements of section 7714 of
this title.
                                      ***
   (g) Agency collection plan. If no stewardship organization is formed on or
before July 1, 2025 or the stewardship organization fails to submit a plan or
submits a plan that does not meet the requirements of this chapter, the
Secretary shall adopt and administer a plan that meets the requirements of
section 7183 of this title. If the Secretary administers the plan adopted under
section 7183, the Secretary shall charge each manufacturer the prorated costs
of plan administration, the Agency’s oversight costs, and an additional
hazardous waste reduction assessment of 10 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
municipalities and small businesses to prevent pollution and reduce the
generation of hazardous waste in the State. When determining a
manufacturer’s assessment under this section, the Agency may allocate costs to
a manufacturer of covered household hazardous products based on the sales of
covered household hazardous products nationally prorated to the population of
Vermont.
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Sec. 12. 10 V.S.A. § 6621a is amended to read:
§ 6621a. LANDFILL DISPOSAL REQUIREMENTS
   (a) In accordance with the following schedule, no person shall knowingly
dispose of the following materials in solid waste or in landfills:
                                       ***
      (12) Covered household hazardous products after July 1, 2025 2026.
                                       ***
Sec. 13. SOLID WASTE PLAN; FLEXIBILITY
   (a) Notwithstanding the municipal household hazardous waste (HHW)
collection requirements under the State Solid Waste Plan adopted pursuant to
10 V.S.A. § 6604, the Secretary of Natural Resources may grant a variance
from the requirement to conduct at least two household hazardous waste
collection events in that municipality. The variance shall allow a municipality
to meet its obligations, as follows:
      (1) the municipality has partnered with another municipality to allow its
residents the ability to access a permanent HHW facility in the same manner as
the municipality that operates the permanent HHW facility;
      (2) the municipality has partnered with a nearby municipality to offer
collection events to members in both municipalities; or
      (3) the municipality has demonstrated that it has made reasonable efforts
to provide alternate collection opportunities identified under subdivisions (1)
and (2) of this subsection and was unable and that the cost of a collection event
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is unreasonable. In such circumstances the Secretary of Natural Resources
may reduce the required collection events to one per year.
   (b) This section shall be repealed on July 1, 2027.
                * * * Paint Product Stewardship Program * * *
Sec. 14. 10 V.S.A. chapter 159, subchapter 4 is amended to read:
              Subchapter 4. Paint Product Stewardship Program
§ 6671. PURPOSE
   The purpose of this subchapter is to establish an environmentally sound,
cost-effective Paint Product Stewardship Program in the State that will
undertake responsibility for the development and implementation of strategies
to reduce the generation of postconsumer paint; promote the reuse of
postconsumer paint; and collect, transport, and process postconsumer paint,
including reuse, recycling, energy recovery, and disposal. The Paint Product
Stewardship Program will follow the waste management hierarchy for
managing and reducing postconsumer paint in the order as follows: reduce
consumer generation of postconsumer paint, reuse, recycle, provide for energy
recovery, and dispose. The Paint Product Stewardship Program will provide
more opportunities for consumers to manage properly their postconsumer
paint, provide fiscal relief for local government in managing postconsumer
paint, keep paint out of the waste stream, and conserve natural resources.
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§ 6672. DEFINITIONS
   As used in this subchapter:
      (1) “Aerosol coating product” means a pressurized coating product
containing pigments or resins dispensed by means of a propellant and
packaged and sold in a disposable aerosol container for handheld application,
or for use in specialized equipment for ground traffic or marking applications.
      (2) “Architectural paint” means interior and exterior architectural
coatings, including interior or exterior water- and oil-based coatings, primers,
sealers, or wood coatings, that are sold in containers of five gallons or less.
“Architectural paint” does not mean industrial coatings, original equipment
coatings, or specialty coatings.
      (3) “Coating-related product” means a product used as a paint additive,
paint thinner, paint colorant, paint remover, surface sealant, surface
preparation, or surface adhesive, and sold for home improvement. “Coating-
related product” does not mean original equipment manufacturer products or
industrial products.
      (2)(4) “Distributor” means a company that has a contractual relationship
with one or more producers to market and sell architectural paint to retailers in
Vermont.
      (3)(5) “Energy recovery” means recovery in which all or a part of the
solid waste materials are processed in order to use the heat content or other
forms of energy of or from the material.
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      (4)(6) “Environmentally sound management practices” means policies
to be implemented by a producer or a stewardship organization to ensure
compliance with all applicable laws and also addressing such issues as
adequate record keeping, tracking and documenting the fate of materials within
the State and beyond, and adequate environmental liability coverage for
professional services and for the operations of the contractors working on
behalf of the producer organization.
      (5)(7) “Municipality” means a city, town, or a village.
      (6) “Paint stewardship assessment” means a one-time charge that is:
         (A) added to the purchase price of architectural paint sold in
Vermont;
         (B) passed from the producer to the wholesale purchaser to the
retailer and then to a retail consumer; and
         (C) necessary to cover the cost of collecting, transporting, and
processing the postconsumer paint managed through the statewide Program.
      (8) “Nonindustrial coating” means arts and crafts paint, automotive
refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture
paint, lime wash, lime paint, marine paint, antifouling paint, road and traffic
marking paint, two-component paint, wood preservative, fire retardant paint,
dry fog paint, chalkboard paint, and conductive paint, sold in containers of five
gallons or less for commercial and homeowner use, but does not include
coatings purchased for industrial or original equipment manufacturer use.
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      (9)(A) “Paint product” includes:
            (i) architectural paint;
            (ii) aerosol coating products;
            (iii) coating-related products; and
            (iv) nonindustrial coatings.
         (B) “Paint product” does not include a health and beauty product.
      (7)(10) “Postconsumer paint” means architectural a paint product and its
containers not used and no longer wanted by a purchaser.
      (8)(11) “Producer” means a manufacturer of architectural paint products
who sells, offers for sale, or distributes that paint in Vermont under the
producer’s own name or brand.
      (9)(12) “Recycling” means any process by which discarded products,
components, and by-products are transformed into new usable or marketable
materials in a manner in which the original products may lose their identity but
does not include energy recovery or energy generation by means of
combusting discarded products, components, and by-products with or without
other waste products.
      (10)(13) “Retailer” means any person that offers architectural a paint
product for sale at retail in Vermont.
      (11)(14) “Reuse” means the return of a product into the economic
stream for use in the same kind of application as originally intended, without a
change in the product’s identity.
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      (12)(15) “Secretary” means the Secretary of Natural Resources.
      (13)(16) “Sell” or “sale” means any transfer of title for consideration,
including remote sales conducted through sales outlets, catalogues, or the
Internet internet or any other similar electronic means.
      (14)(17) “Stewardship organization” means a nonprofit corporation or
nonprofit organization created by a producer or group of producers to
implement the Paint Product Stewardship Program required under this
subchapter.
§ 6673. PAINT PRODUCT STEWARDSHIP PROGRAM
   (a) A producer or a stewardship organization representing producers shall
submit a an amended plan for the establishment of a Paint Product Stewardship
Program to the Secretary for approval by December 1, 2013. The plan shall
address the following:
      (1) Provide a list of participating producers and brands covered by the
Program.
      (2) Provide specific information on the architectural paint products
covered under the Program, such as interior or exterior water- and oil-based
coatings, primers, sealers, or wood coatings.
      (3) Describe how the Program proposed under the plan will collect,
transport, recycle, and process postconsumer paint products for end-of-life
management, including recycling, energy recovery, and disposal, using
environmentally sound management practices.
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      (4) Describe the Program and how it will provide for convenient and
available statewide collection of postconsumer architectural paint products in
urban and rural areas of the State. The producer or stewardship organization
shall use the existing household hazardous waste collection infrastructure when
selecting collection points for postconsumer architectural paint products. A
paint retailer shall be authorized as a paint collection point of postconsumer
architectural paint for a Paint Product Stewardship Program if the paint retailer
volunteers to act as a paint collection point and complies with all applicable
laws, rules, and regulations.
      (5) Provide geographic information modeling to determine the number
and distribution of sites for collection of postconsumer architectural paint
based on the following criteria:
         (A) at least 90 percent of Vermont residents shall have a permanent
collection site within a 15-mile radius; and
         (B) one additional permanent site will be established for every
10,000 residents of a municipality and additional sites shall be distributed to
provide convenient and reasonably equitable access for residents within each
municipality, unless otherwise approved by the Secretary.
      (6) Establish goals to reduce the generation of postconsumer paint
products, to promote the reuse of postconsumer paint products, and for the
proper management of postconsumer paint products as practical based on
current household hazardous waste program information. The goals may be
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revised by the producer or stewardship organization based on the information
collected for the annual report.
      (7) Describe how postconsumer paint products will be managed in the
most environmentally and economically sound manner, including following
the waste-management hierarchy. The management of paint under the
Program shall use management activities that promote source reduction, reuse,
recycling, energy recovery, and disposal.
      (8) Describe education and outreach efforts to inform consumers of
collection opportunities for postconsumer paint products and to promote the
source reduction and recycling of architectural paint products for each of the
following: consumers, contractors, and retailers.
   (b) The producer or stewardship organization shall submit a budget for the
Program proposed under subsection (a) of this section, and for any amendment
to the plan that would affect the Program’s costs. The budget shall include a
funding mechanism under which each architectural paint product producer
remits to a stewardship organization payment of a paint product stewardship
assessment for each container of architectural paint product it sells in this
State. Prior to submitting the proposed budget and assessment to the
Secretary, the producer or stewardship organization shall provide the budget
and assessment to a third-party auditor agreed upon by the Secretary. The
third-party auditor shall provide a recommendation as to whether the proposed
budget and assessment is cost-effective, reasonable, and limited to covering the
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cost of the Program. The paint product stewardship assessment shall be added
to the cost of all architectural paint products sold in Vermont. To ensure that
the funding mechanism is equitable and sustainable, a uniform paint product
stewardship assessment shall be established for all architectural paint products
sold. The paint stewardship assessment shall be approved by the Secretary and
shall be sufficient to recover, but not exceed, the costs of the Paint Stewardship
Program the amount established in section 6681 of this title.
   (c) Beginning no later than July 1, 2014, or three Six months after approval
of the plan for a Paint Product Stewardship Program required under subsection
(a) of this section, whichever occurs later, a producer of architectural paint
products sold at retail or a stewardship organization of which a producer is a
member shall implement the approved plan for a Paint Product Stewardship
Program.
   (d) A producer or a stewardship organization of which a producer is a
member shall promote a Paint Product Stewardship Program and provide
consumers with educational and informational materials describing collection
opportunities for postconsumer paint products Statewide and promotion of
waste prevention, reuse, and recycling. The educational and informational
program shall make consumers aware that the funding for the operation of the
Paint Product Stewardship Program has been added to the purchase price of all
architectural paint products sold in the State.
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   (e) A plan approved under this section shall provide for collection of
postconsumer architectural paint at no cost to the person from whom the
architectural paint product is collected. The program plan also shall provide
for the payment of municipalities for collection, processing, and end-of-life
management of aerosol coating products, coating-related products, and
nonindustrial coatings contained in the receptacle in which the product is
offered for retail sale. Collection costs include facility costs, equipment costs,
labor, supplies, maintenance, events costs, and event contractor costs,
including collection event set-up fees, environmental service fees, insurance
fees, and shipping containers and materials.
   (f) When a plan or amendment to an approved plan is submitted under this
section, the Secretary shall make the proposed plan or amendment available for
public review and comment for at least 30 days.
   (g) A producer or paint stewardship organization shall submit to the
Secretary for review, in the same manner as required under subsection 6675(a)
of this title, an amendment to an approved plan when there is:
      (1) a change to a paint stewardship assessment under the plan;
      (2) an addition to or removal of a category of products covered under
the Program; or
      (3)(2) a revision of the product stewardship organization’s goals.
   (h) A plan approved by the Secretary under section 6675 of this title shall
have a term not to exceed five years, provided that the producer remains in
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compliance with the requirements of this chapter and the terms of the approved
plan.
   (i) In addition to the requirements specified in subsection (a) of this
section, a stewardship organization shall notify the Secretary in writing within
30 days of after any change to:
        (1) the number of collection sites for postconsumer architectural paint
products identified under this section as part of the plan;
        (2) the producers identified under this section as part of the plan;
        (3) the brands of architectural paint products identified under this
section as part of the plan; and
        (4) the processors that manage postconsumer architectural paint
products identified under this section as part of the plan.
   (j) Upon submission of a plan to the Secretary under this section, a
producer or a stewardship organization shall pay the fee required by 3 V.S.A.
§ 2822(j)(31). Thereafter, the producer or stewardship organization shall pay
the fee required by 3 V.S.A. § 2822(j)(31) annually by on or before July 1 of
each year.
§ 6674. RETAILER RESPONSIBILITY
   (a) A producer or retailer may not sell or offer for sale architectural a paint
product to any person in Vermont unless the producer of that architectural
paint brand or a stewardship program of which the producer of that
architectural paint brand is a member that the producer is a member of is
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implementing an approved plan for a Paint Product Stewardship Program as
required by section 6673 of this title. A retailer complies with the
requirements of this section if, on the date the architectural paint product was
ordered from the producer or its agent, the producer or paint brand is listed on
the Agency of Natural Resources’ website as a producer or brand participating
in an approved plan for a Paint Product Stewardship Program.
   (b) At the time of sale to a consumer, a producer, a stewardship
organization, or a retailer selling or offering architectural paint products for
sale shall provide the consumer with information regarding available
management options for postconsumer paint products collected through the
Paint Product Stewardship Program or a brand of paint being sold under the
Program.
§ 6675. AGENCY RESPONSIBILITY
   (a)(1) Within 90 days of after receipt of a plan submitted under section
6673 of this title, the Secretary shall review the plan and make a determination
whether or not to approve the plan. The Secretary shall issue a letter of
approval for a submitted plan if:
         (A) the submitted plan provides for the establishment of a Paint
Product Stewardship Program that meets the requirements of subsection
6673(a) of this subchapter; and
         (B) the Secretary determines that the plan:
            (i) achieves convenient collection for consumers;
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             (ii) educates the public on proper paint product management; and
             (iii) manages waste paint products in a manner that is
environmentally safe and promotes reuse and recycling; and
             (iv) is cost-effective.
      (2) If the Secretary does not approve a submitted plan, the Secretary
shall issue to the paint product stewardship organization a letter listing the
reasons for the disapproval of the plan. If the Secretary disapproves a plan, a
paint product stewardship organization intending to sell or continue to sell
architectural paint products in the State shall submit a new plan within 60 days
of after receipt of the letter of disapproval.
   (b)(1) The Secretary shall review and approve the stewardship assessment
proposed by a producer pursuant to subsection 6673(b) of this title. The
Secretary shall only approve the Program budget and any assessment if the
applicant has demonstrated that the costs of the Program and any proposed
assessment are reasonable and the assessment does not exceed the costs of
implementing an approved plan.
      (2) If an amended plan is submitted under subsection 6673(g) of this
title that proposes to change the cost of the Program or proposes to change the
paint stewardship assessment under the plan, the disapproval of any proposed
new assessment or the failure of an approved new assessment to cover the total
costs of the Program shall not relieve a producer or stewardship organization
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of its obligation to continue to implement the approved plan under the
originally approved assessment.
   (c) Facilities solely collecting paint products for the Paint Product
Stewardship Program that would not otherwise be subject to solid waste
certification requirements shall not be required to obtain a solid waste
certification. Persons solely transporting paint for the Paint Product
Stewardship Program that would not otherwise be subject to solid waste hauler
permitting requirements shall not be required to obtain a solid waste hauler’s
permit.
§ 6676. ANTICOMPETITIVE CONDUCT
   (a) A producer or an organization of producers that manages postconsumer
paint products, including collection, transport, recycling, and processing of
postconsumer paint products, as required by this subchapter may engage in
anticompetitive conduct to the extent necessary to implement the plan
approved by the Secretary and is immune from liability for the conduct relating
to antitrust, restraint of trade, unfair trade practices, and other regulation of
trade or commerce.
   (b) The activity authorized and the immunity afforded under subsection (a)
of this section shall not apply to any agreement among producers or paint
product stewardship organizations:
      (1) establishing or affecting the price of paint products, except for the
paint stewardship assessment approved under subsection 6675(b) of this title;
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        (2) setting or limiting the output or production of paint products;
        (3) setting or limiting the volume of paint products sold in a geographic
area;
        (4) restricting the geographic area where paint products will be sold; or
        (5) restricting the customers to whom paint products will be sold or the
volume of paint products that will be sold.
§ 6677. PRODUCER REPORTING REQUIREMENTS
   No later than October 15, 2015, and annually thereafter, Annually, a
producer or a stewardship program of which the producer is a member shall
submit to the Secretary a report describing the Paint Product Stewardship
Program that the producer or Stewardship Program is implementing as
required by section 6673 of this title. At a minimum, the report shall include:
        (1) a description of the methods the producer or Stewardship Program
used to reduce, reuse, collect, transport, recycle, and process postconsumer
paint products statewide in Vermont;
        (2) the volume and type of postconsumer paint products collected by the
producer or Stewardship Program at each collection center in all regions of
Vermont;
        (3) the volume of postconsumer paint products collected by the producer
or Stewardship Program in Vermont by method of disposition, including reuse,
recycling, energy recovery, and disposal;
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      (4) an independent financial audit of the Paint Product Stewardship
Program implemented by the producer or the Stewardship Program;
      (5) the prior year’s actual direct and indirect costs for each Program
element and the administrative and overhead costs of administering the
approved Program; and
      (6) samples of the educational materials that the producer or stewardship
program provided to consumers of architectural paint.
                                      ***
§ 6680. UNIVERSAL WASTE DESIGNATION FOR POSTCONSUMER
         PAINT
   (a) The requirements of Subchapter 9 of the Vermont Hazardous Waste
Management Rules, which allow certain categories of hazardous waste to be
managed as universal waste, shall apply to postconsumer paint products until
the postconsumer paint is discarded, provided that:
      (1) the postconsumer paint product is collected as a part of a
stewardship plan approved under this subchapter; and
      (2) the collected postconsumer paint product is or includes a paint
product that is a hazardous waste as defined and regulated by the Vermont
Hazardous Waste Management Rules.
   (b) When postconsumer paint product is regulated as universal waste under
subsection (a) of this section, small and large quantity handlers of the
postconsumer paint shall manage the postconsumer paint products in a manner
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that prevents releases of any universal waste or component of the universal
waste to the environment. Postconsumer paint products regulated as universal
waste shall, at a minimum, be contained in one or more of the following:
      (1) a container that remains closed, structurally sound, and compatible
with the postconsumer paint products and that lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions; or
      (2) a container that does not meet the requirements of subdivision (1) of
this subsection, provided that the unacceptable container is overpacked in a
container that meets the requirements of subdivision (1).
   (c) Containers holding postconsumer paint products that is are regulated as
universal waste shall be clearly labeled to clearly identify the contents of the
container, such as “Paint-Related Waste,” “Universal Waste Paint,” “Used
Paint,” or “Waste Paint.”
   (d) Unless otherwise provided by statute, the definitions of the Vermont
Hazardous Waste Management Rules shall apply to this section.
§ 6681. PAINT CONSUMER FEES
   (a) The paint product stewardship assessment shall be sufficient to
implement and sustain the Paint Product Stewardship Program. If at any time
the stewardship assessments established in this section are not sufficient to
implement and sustain the Paint Product Stewardship Program, the Paint
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Product Stewardship Program shall propose new stewardship assessments that
are sufficient to implement and sustain the Program.
   (b) A retailer shall charge an assessment on paint products, based on
current material management costs of the Paint Product Stewardship Program,
in the following amounts for architectural paint:
      (1) Half pint or smaller:  No fee.
      (2) Greater than a half pint to one gallon:  $0.65.
      (3) Greater than one gallon to two gallons:  $1.35.
      (4) Greater than two gallons to five gallons:  $2.45.
Sec. 15. IMPLEMENTATION; FEE REPORT
   (a) The requirements for the sale of paint products under 10 V.S.A. § 6673
shall apply to architectural paint beginning on July 1, 2013 and all paint
products beginning on July 1, 2026.
   (b) The requirement under 10 V.S.A. § 6673 for an architectural paint
producer to submit a stewardship plan to the Secretary of Natural Resources
currently applies to producers of architectural paint as required beginning on
July 1, 2013 and shall also apply to producers of paint related products
beginning on July 1, 2026.
   (c) The requirement under 10 V.S.A. § 6677 that an architectural paint
producer annually report to the Secretary of Natural Resources currently
applies to producers of architectural paint as required beginning on July 1,
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2013 and shall also apply to producers of paint related products beginning on
March 1, 2027.
   (d) On or before December 15, 2025, the Secretary of Natural Resources
shall submit to the Senate Committees on Natural Resources and Energy and
on Finance and the House Committees on Environment and on Ways and
Means a report recommending a paint consumer fee or fees to be charged for
paint products that are not architectural paint.
                     * * * Renewable Power Portfolio * * *
Sec. 16. 30 V.S.A. § 8009 is amended to read:
§ 8009. BASELOAD RENEWABLE POWER PORTFOLIO
         REQUIREMENT
                                        ***
   (d) On or before November 1, 2027 2028, the Commission shall determine,
for the period beginning on November 1, 2026 2028 and ending on November
1, 2032, the price to be paid to a plant used to satisfy the baseload renewable
power portfolio requirement. The Commission shall not be required to make
this determination as a contested case under 3 V.S.A. chapter 25. The price
shall be the avoided cost of the Vermont composite electric utility system. As
used in this subsection, the term “avoided cost” means the incremental cost to
retail electricity providers of electric energy or capacity, or both, that, but for
the purchase from the plant proposed to satisfy the baseload renewable power
portfolio requirement, such providers would obtain from a source using the
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same generation technology as the proposed plant. For the purposes of this
subsection, the term “avoided cost” also includes the Commission’s
consideration of each of the following:
                                        ***
   (k) Collocation and efficiency requirements.
      (1) The owner of the plant used to satisfy the baseload renewable power
portfolio requirement shall cause the plant’s overall efficiency to be increased
by at least 50 percent relative to the 12-month period preceding July 1, 2022.
In achieving this efficiency, the owner shall comply with the requirements of
this subsection.
      (2) On or before July October 1, 2023 2025, the owner of the plant shall
submit to the Commission and the Department:
         (A) A signed contract providing for the construction of a facility at
the plant that utilizes the excess thermal heat generated at the plant for a
beneficial purpose. As used in this subdivision (A), beneficial purpose may
include the displacement of fossil fuel use for the sustainable production of a
product or service or more efficient or less costly generation of electricity.
         (B) A certification by a qualified professional engineer that the
construction of the facility shall meet the requirement of subdivision (1) of this
subsection (k).
      (3) On or before October 1, 2025 2026, the owner of the plant shall
submit to the Commission and the Department a certification that the main
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components of the facility used to meet the requirement of subdivision (1) of
this subsection have been manufactured and that the construction plans for the
facility have been completed.
      (4) If the contract and certification required under subdivision (2) of this
subsection are not submitted to the Commission and Department on or before
July October 1, 2023 2025 or if the certification required under subdivision (3)
is not submitted to the Commission and Department on or before October 1,
2025 2026, then the obligation under this section for each Vermont retail
electricity provider to purchase a pro rata share of the baseload renewable
power portfolio requirement shall cease on November 1, 2025 2026, and the
Commission is not required to conduct the rate determination provided for in
subsection (d) of this section.
      (5) On or before September 1, 2026 2027, the Department shall
investigate and submit a recommendation to the Commission on whether the
plant has achieved the requirement of subdivision (1) of this subsection. If the
Department recommends that the plant has not achieved the requirement of
subdivision (1) of this subsection, the obligation under this section shall cease
on November 1, 2026 2027, and the Commission is not required to conduct the
rate determination provided for in subsection (d) of this section.
      (6) After November 1, 2027 2028, the owner of the plant shall report
annually to the Department and the Department shall verify the overall
efficiency of the plant for the prior 12-month period. If the overall efficiency
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of the plant falls below the requirement of subdivision (1) of this subsection,
the report shall include a plan to return the plant to the required efficiency
within one year.
      (7) If, after implementing the plan in subdivision (6) of this subsection,
the owner of the plant does not achieve the efficiency required in subdivision
(1) of this subsection, the Department shall request that the Commission
commence a proceeding to terminate the obligation under this section.
                                       ***
                           * * * Effective Dates * * *
Sec. 17. EFFECTIVE DATES
   (a) This section and Secs. 7–13 (covered household hazardous products),
14–15 (paint products), and 16 (renewable power portfolio) shall take effect on
passage.
   (b) The remainder of this act shall take effect on July 1, 2025.
Date Governor signed bill: June 11, 2025
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