General Assembly Raised Bill No. 1081
January Session, 2013 LCO No. 4241
*04241_______ENV*
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
General Assembly
Raised Bill No. 1081
January Session, 2013
LCO No. 4241
*04241_______ENV*
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING RECYCLING AND JOBS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-207a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) As used in sections 22a-208d, 22a-208q and subsection (b) of section 22a-228: (1) "Composting" means a process of accelerated biological decomposition of organic material under controlled conditions; (2) "mixed municipal solid waste" means municipal solid waste that consists of mixtures of solid wastes which have not been separated at the source of generation or processed into discrete, homogeneous waste streams such as glass, paper, plastic, aluminum or tire waste streams provided such wastes shall not include any material required to be recycled pursuant to section 22a-241b, and (3) "mixed municipal solid waste composting facility" means a volume reduction plant where mixed municipal solid waste is processed using composting technology.
(b) As used in this chapter and section 7 of this act, "end user" means any person who uses a material for such material's original use or any manufacturer who uses a material as feedstock to make a product.
Sec. 2. Section 22a-208f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
Notwithstanding the provisions of section 22a-208a, a scrap metal processor, as described in section 14-67w, shall not be required to obtain a permit under [said] section 22a-208a if on or before [July 1, 1990] July 31, 2014, and annually [on March thirty-first] thereafter, [he] such scrap metal processor submits to the Commissioner of Energy and Environmental Protection, on a form prescribed by the commissioner, the amount of scrap metals generated within the borders of the state and purchased or received [from any municipality, municipal or regional authority, the state or any political subdivision of the state listed by town of origin. He shall also send to each Connecticut municipality included in such listing a copy of such information pertaining to the municipality] by such processor for the prior state fiscal year. Such report shall identify the regional solid waste facility from which such scrap metal was received or the Connecticut municipality in which such scrap metal was generated and the type of waste stream that generated such scrap metal. Such report shall also identify the destination facility that received the scrap metal or other recyclable materials from such scrap metal processor.
Sec. 3. Section 22a-220 of the general statutes is amended by adding subsection (k) as follows (Effective October 1, 2013):
(NEW) (k) There is established the "Municipal and Regional Recycling Incentive Program". The purpose of the Municipal and Regional Recycling Incentive Program shall be to provide technical assistance and other incentives to municipalities and regions to advance the state-wide solid waste management plan adopted pursuant to section 22a-228. Such technical assistance shall promote the implementation of sustainable materials management practices that reduce solid waste and increase recovery of designated recyclable items and other recyclable materials. Any municipality or region shall be eligible to participate in such incentive program, provided such municipality or region: (1) Implemented a solid waste disposal pricing system prior to July 1, 2013 which, as determined by the Commissioner of Energy and Environmental Protection, is an effective unit-based pricing system; and (2) committed, not later than October 1, 2013, to participate in such incentive program by agreeing to modernize the solid waste disposal pricing system used within such municipality or region to a unit-based pricing system, in accordance with an implementation plan approved by the commissioner.
Sec. 4. Subsections (d) to (g), inclusive, of section 22a-220a of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(d) (1) Any collector hauling solid waste generated by residential, business, commercial or other establishments, including, but not limited to, recyclables generated within the borders of a municipality, shall register annually in such municipality and disclose: (A) The name and address of the collector and the owner of such collection company; (B) the name of any other municipality in which such collector hauls such solid waste, including recyclables; (C) whether the hauling done by such collector is residential, commercial or other; (D) the types of waste hauled; (E) the anticipated location of any disposal facilities or end users receiving recyclable solid waste; and (F) any additional information that such municipality requires to ensure the health and safety of its residents. Any collector who is registered as a collector pursuant to section 7 of this act shall be deemed to be in compliance with the provisions of this subdivision.
(2) On or before [July 31, 2011] July 1, 2013, any such collector shall report to the municipality (A) the types of solid waste, including recyclables, as listed in subsection (c) of section 22a-208e generated within the borders of a municipality and collected by such collector, (B) the name, location and contact information for the first destination where such solid waste, including recyclables, was delivered by the collector during the previous fiscal year, and (C) the types and actual or estimated amounts of such solid waste, including recyclables, directly delivered to an out-of-state destination or to an end user or manufacturer in the state. Such reports shall be submitted to the municipality annually, on or before July thirty-first, and shall provide the information specified in this subdivision for the prior state fiscal year. Such reports shall be on a form prescribed by the Commissioner of Energy and Environmental Protection and shall include any other additional information the commissioner deems necessary. Any collector who registered pursuant to section 7 of this act and who submits annual reports to the commissioner pursuant to subsection (j) and performs the requisite identification required pursuant to subsection (k) of this section shall be deemed to be in compliance with the provisions of this subdivision.
(e) The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the hauler.
(f) Any collector who dumps more than one cubic foot in volume of solid waste at one time in an area not designated for such disposal by a municipality pursuant to the provisions of this section or who [knowingly] mixes other solid waste with items designated for recycling pursuant to section 22a-241b, or pursuant to municipal ordinance shall for a first violation be liable for a civil penalty of not more than two thousand five hundred dollars for each violation and not more than ten thousand dollars for a subsequent violation. Any municipality or the Attorney General, at the request of the commissioner, may bring an action under this section. All such actions shall have precedence in the order of trial as provided in section 52-191. Any such action by the Attorney General shall be brought in the superior court for the judicial district of Hartford.
(g) As used in this section, "collector" means any person who holds himself out for hire to collect solid waste on a regular basis from residential, business, commercial or other establishments. "Collector" does not include: (1) Any person who transports solid waste that is incidentally generated during professional or commercial activities unrelated to the collection of solid waste, such as residential property repairs, provided such solid waste is self-generated by such person's professional or commercial activities and such solid waste is transported to an authorized recycling facility, a permitted recycling facility, or a permitted solid waste facility, and (2) any person who transports used materials for the purpose of delivering such materials to a charitable organization that distributes reused household items or to a retail facility that sells reused household items.
Sec. 5. Subsection (a) of section 22a-226e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) (1) [Not later than six months after the establishment of service in the state by two or more permitted source-separated organic material composting facilities, as defined in section 22a-207, that have a combined capacity to service the needs of commercial food wholesalers or distributors, industrial food manufacturers or processors, supermarkets, resorts or conference centers that each generate an average projected volume of not less than one hundred four tons per year of source-separated organic materials] On and after January 1, 2014, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than one hundred four tons per year of source-separated organic materials shall: [(1)] (A) Separate such source-separated organic materials from other solid waste; and [(2)] (B) ensure that such source-separated organic materials are recycled at [a permitted source-separated organic material composting facility that is not more than twenty miles from such wholesaler, distributor, manufacturer, processor, supermarket, resort or conference center, as applicable] any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(2) On and after January 1, 2020, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility shall: (A) Separate such organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
Sec. 6. Section 22a-241 of the general statutes is amended by adding subsection (d) as follows (Effective October 1, 2013):
(NEW) (d) The Commissioner of Energy and Environmental Protection, in consultation with the Office of Policy and Management and leaders of regional authorities, shall identify opportunities for new incentives to provide for regional collaboration among municipalities to achieve cost savings and standardization in recycling and solid waste management. There is established a state goal to have regional authorities provide a regional option for solid waste management services to eighty per cent of municipalities in the state not later than January 1, 2015, and to provide such regional option to all municipalities in the state not later than January 1, 2017. Any municipality that participates in a regional authority that provides solid waste management services shall be prioritized for inclusion in the Municipal and Regional Recycling Incentive Program established in subsection (k) of section 22a-220, as amended by this act.
Sec. 7. (NEW) (Effective October 1, 2013) (a) For the purposes of this section:
(1) "Collector" has the same meaning as provided in subsection (g) of section 22a-220a of the general statutes, as amended by this act.
(2) "Solid waste" has the same meaning as provided in section 22a-207 of the general statutes.
(3) "Business entity" means any firm, partnership, association, syndicate, company, trust, corporation, limited liability company, or other form of commercial organization.
(4) "Equity" means a financial interest or ownership right in property.
(5) "Solid waste facility" has the same meaning as provided in section 22a-207 of the general statutes.
(6) "Vehicle" means any motor vehicle designed, used or maintained primarily for the transportation of solid waste.
(b) No person shall act as a collector of solid waste, including designated recyclable items, without a solid waste collector registration issued by the Commissioner of Energy and Environmental Protection, provided the provisions of this section shall not apply to any state, municipal or quasi-public agency.
(c) Any request for registration pursuant to subsection (b) of this section shall be filed with the commissioner on a form prescribed by the commissioner. Such application shall include, but need not be limited to, the items required by subdivision (1) of subsection (d) of section 22a-220a of the general statutes, as amended by this act, and the following:
(1) The full name and business address of the applicant, or if the applicant is a business entity, such business entity's full name, including any other name by which such business entity was known during the ten year period preceding the filing of such application, such applicant's or business entity's business address, such business entity's state of incorporation and the name and address of each officer, director, manager or partner of such business entity and the name of any person or business entity that directly, or indirectly through another business entity, holds five per cent or more of equity or debt liability in such business entity;
(2) The full name and address of any collector for which the applicant was an officer, director, manager or partner, or in which such applicant held directly, or indirectly through another business entity, five per cent or more of equity or debt liability in the applicant, during the five-year period preceding the filing of such application;
(3) A description of the experience and credentials possessed by the applicant, or if the applicant is a business entity, the experience and credentials possessed by such business entity's officers, directors, managers or partners in the collection of solid waste. Such description shall include past and present registrations, permits and approvals for the collection of solid waste;
(4) Information regarding any notices of violations, administrative orders, civil proceedings or registration revocations by any municipal, state or federal authority that occurred not more than ten years preceding the filing of such application and that relate to a violation of any environmental protection law, rule or regulation by the applicant, or if the applicant is a business entity, concerning such a violation by any officer, director, partner thereof, or any person or business entity, that directly, or indirectly through another business entity, holds five per cent or more of equity or debt liability in such business entity;
(5) Information regarding any pending charges in any state involving violations of, or civil judgments of liability or criminal convictions of, any municipal, state or federal law against the applicant, or if the applicant is a business entity, such judgments or convictions against any officer, director or partner or any person or business entity, that directly, or indirectly through another business entity, holds five per cent or more of equity or debt liability in such business entity;
(6) The name and address of any solid waste facility operated by the applicant or business entity;
(7) A narrative description identifying how the applicant or business entity will assure compliance with chapter 446d of the general statutes, including but not limited to, sections 22a-241b, 22a-241j and 22a-241l of the general statutes;
(8) A certification that all federal, state and local taxes for the five-year period preceding the date of the application are paid; and
(9) Any other information the commissioner deems necessary.
(d) Any collector who registers as a collector pursuant to this section shall pay to the applicable municipality the municipal registration fee associated with the registration required pursuant to subsection (d) of section 22a-220a of the general statutes, as amended by this act.
(e) The Commissioner of Energy and Environmental Protection shall require the applicant or, if the applicant is a business entity, any director, officer, partner or owner of more than five per cent of the total outstanding stock of any class of such business entity to submit to state and national criminal history records checks in accordance with section 29-17a of the general statutes.
(f) The Commissioner of Energy and Environmental Protection may issue, deny, modify, renew, suspend, revoke or transfer a solid waste collector registration issued pursuant to this section, in accordance with the provisions of chapter 54 of the general statutes and this section.
(1) The commissioner may deny an application for a new solid waste collector registration, the renewal or transfer of such registration or revoke such registration, if (A) the commissioner determines that the applicant does not exhibit expertise or competence in the area of collection of solid waste; (B) any person listed in the registration application was convicted by a court of competent jurisdiction of any the following crimes: murder, robbery, bribery, extortion, criminal usury, arson, burglary, tax evasion, tax fraud, felonious acts of larceny, forgery, fraud in the offering, alteration of motor vehicle identification numbers, any violation of any provision of chapter 420b of the general statutes, racketeering or any violation of any criminal or civil provision of the federal or state environmental protection or antitrust law, rule or regulation; or (C) the applicant fails to submit any of the information required in the registration application pursuant to this section.
(2) If the commissioner denies, suspends, revokes or refuses to grant a request to modify, renew or transfer a solid waste collector registration, the commissioner shall notify the applicant of such decision, the reason for such decision and inform such applicant of such applicant's right to request a hearing not later than ten days after receipt of the notice of the commissioner's decision. If the applicant or registrant requests a hearing not later than ten days after the receipt of such notice, the commissioner shall conduct a hearing concerning such refusal, in accordance with the provisions of chapter 54 of the general statutes.
(g) Any contract for the collection and transportation of solid waste from such waste's location within Connecticut to a solid waste facility or authorized recycling facility or end user shall:
(1) Ensure that solid waste collectors provide adequate and separate collection containers that allow for separate collection of designated recyclable items from other solid waste and ensure that such containers are marked with clear written or pictorial instructions on how to separate designated recyclable items from other solid waste;
(2) Provide for the inclusion of educational materials to be provided to the consumer that describe what recyclable items are collected, including at a minimum, a list of designated recyclable items;
(3) Ensure that the pricing system used in such contract meets any performance standards specified by the commissioner;
(4) Authorize the consumer, upon thirty days written notice to the registrant, to terminate such contract during a renewal period if such contract previously was extended by an automatic renewal of such contract;
(5) Allow a consumer to terminate such contract by providing notice to the registrant not more than thirty days prior to the extension of such contract;
(6) Not include any requirement that the consumer notify the registrant of competitive offers for the collection and transportation of such consumer's solid waste or otherwise limit the ability of such consumer to select a registrant of the consumer's choosing;
(7) Require the registrant to provide the consumer with: (A) Written notice of any increase in the amount charged for such collection and transportation services not less than thirty days prior to the effective date of such increase, (B) notice of any subcontract or assignment of contractual duties by the registrant not less than sixty days prior to the effective date of such subcontract or assignment, and (C) not less than fourteen days to terminate such contract prior to any such increase, subcontract or assignment; and
(8) Not require such consumer to pay liquidated damages in the event such contract is terminated prior to the end of the initial or extended contract term.
Sec. 8. (NEW) (Effective October 1, 2013) The Commissioner of Energy and Environmental Protection, in consultation with other state agencies or quasi-public agencies, shall identify opportunities for the establishment of a new, or the expansion of any existing, recycling infrastructure investment program.
Sec. 9. (NEW) (Effective October 1, 2013, and applicable to assessment years commencing on or after said date) (a) For the purposes of this section:
(1) "Municipality" has the same meaning as provided in section 12-129r of the general statutes.
(2) "Recycling" has the same meaning as provided in section 22a-207 of the general statutes.
(b) Any municipality may, by ordinance adopted by its legislative body, provide an exemption from property tax for any machinery or equipment used in connection with recycling that is installed on or after October 1, 2013. Any such exemption shall apply only to: (1) The increased value of the commercial or industrial property that is attributable to such machinery or equipment, and (2) the first fifteen assessment years following installation of such machinery or equipment.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 22a-207a
Sec. 2 October 1, 2013 22a-208f
Sec. 3 October 1, 2013 22a-220
Sec. 4 October 1, 2013 22a-220a(d) to (g)
Sec. 5 October 1, 2013 22a-226e(a)
Sec. 6 October 1, 2013 22a-241
Sec. 7 October 1, 2013 New section
Sec. 8 October 1, 2013 New section
Sec. 9 October 1, 2013, and applicable to assessment years commencing on or after said date New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
22a-207a
Sec. 2
October 1, 2013
22a-208f
Sec. 3
October 1, 2013
22a-220
Sec. 4
October 1, 2013
22a-220a(d) to (g)
Sec. 5
October 1, 2013
22a-226e(a)
Sec. 6
October 1, 2013
22a-241
Sec. 7
October 1, 2013
New section
Sec. 8
October 1, 2013
New section
Sec. 9
October 1, 2013, and applicable to assessment years commencing on or after said date
New section
Statement of Purpose:
To prioritize and increase the incentive for solid waste reduction and recycling in order to save costs to municipalities, businesses and the state and to create jobs in the recovery of recyclable materials.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]