Connecticut 2014 Regular Session

Connecticut Senate Bill SB00240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 240
2		-	February Session, 2014 _____SB00240ENV___031014____
	1	+	General Assembly Raised Bill No. 240
	2	+	February Session, 2014 LCO No. 1396
	3	+	01396_______ENV
	4	+	Referred to Committee on ENVIRONMENT
	5	+	Introduced by:
	6	+	(ENV)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 240
	10	+	Raised Bill No. 240
7	11
8	12		February Session, 2014
9	13
10		-	_____SB00240ENV___031014____
	14	+	LCO No. 1396
	15	+
	16	+	01396_______ENV
	17	+
	18	+	Referred to Committee on ENVIRONMENT
	19	+
	20	+	Introduced by:
	21	+
	22	+	(ENV)
11	23
12	24		AN ACT CONCERNING ADMINISTRATIVE STREAMLINING AT THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Section 8-31c of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
17	29
18	30		(a) (1) Wherever the term "regional planning agency" is used in the following general statutes, the term "regional council of governments" shall be substituted in lieu thereof; and (2) wherever the term "regional planning agencies" is used in the following general statutes, the term "regional councils of governments" shall be substituted in lieu thereof: 8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 16-50l, 16-358, 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-207, [22a-211,] 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25-233.
19	31
20	32		(b) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
21	33
22	34		Sec. 2. Subsection (g) of section 16a-48 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
23	35
24		-	(g) Manufacturers of new products set forth in subsection (b) of this section [or designated by] ~~that are not certified in California~~ for which the Commissioner of Energy and Environmental Protection adopts an ~~energy~~ efficiency standard shall certify to the commissioner that such products are in compliance with the provisions of this section, except that certification is not required for single voltage external AC to DC power supplies and walk-in refrigerators and walk-in freezers. All single voltage external AC to DC power supplies shall be labeled as described in the January 2006 California Code of Regulations, Title 20, Section 1607 (9). The commissioner shall [promulgate] adopt regulations, in accordance with the provisions of chapter 54, governing the certification of such products. The commissioner shall publish an annual list of such products on the department's Internet web site that indicates those products that are certified in California and those products that demonstrated compliance with the standards adopted by the commissioner pursuant to subparagraph (B) of subdivision (3) of subsection (d) of this section.
	36	+	(g) Manufacturers of new products set forth in subsection (b) of this section [or designated by] for which the Commissioner of Energy and Environmental Protection adopts an efficiency standard that is not certified in California shall certify to the commissioner that such products are in compliance with the provisions of this section, except that certification is not required for single voltage external AC to DC power supplies and walk-in refrigerators and walk-in freezers. All single voltage external AC to DC power supplies shall be labeled as described in the January 2006 California Code of Regulations, Title 20, Section 1607 (9). The commissioner shall [promulgate] adopt regulations, in accordance with the provisions of chapter 54, governing the certification of such products. The commissioner shall publish an annual list of such products on the department's Internet web site that indicates those products that are certified in California and those products that demonstrated compliance with the standards adopted by the commissioner pursuant to subparagraph (B) of subdivision (3) of subsection (d) of this section.
25	37
26	38		Sec. 3. Section 22a-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
27	39
28	40		The following terms, as used in this chapter and chapter 103b, [shall] have the indicated meanings unless the context in which they are used demands a different meaning and intent:
29	41
30	42		(1) "Authority" means the Connecticut Resources Recovery Authority created and established pursuant to this chapter or any board, body, commission, department, officer, agency or other successor thereto;
31	43
32		-	(2) ["State solid waste management plan"] "State-wide solid waste management plan" means the administrative and financial plan developed by the Commissioner of Energy and Environmental Protection for solid waste disposal and resources recovery, pursuant to section [22a-211] 22a-228;
	44	+	[(2) "State solid waste management plan"] "State-wide solid waste management plan" means the administrative and financial plan developed by the Commissioner of Energy and Environmental Protection for solid waste disposal and resources recovery, pursuant to section [22a-211] 22a-228;
33	45
34	46		(3) "Resources recovery" means the processing of solid wastes to reclaim energy therefrom;
35	47
36	48		(4) "Recycling" means the processing of solid waste to reclaim material therefrom;
37	49
38	50		(5) "Person" means any individual, firm, partnership, association, limited liability company or corporation, public or private, organized or existing under the laws of the state or any other state, including federal corporations, but excluding municipalities, special districts having taxing powers or other political subdivisions of the state;
39	51
40	52		(6) "Waste management services" means actions taken to effectuate the receipt, storage, transportation and processing for resources recovery, recycling, reuse of recovered materials, or disposal of solid wastes, including the sale of products, materials or energy on behalf of the state, a region, a municipality or a person by the authority or by any person or persons acting under contract with the authority, pursuant to the provisions of this chapter;
41	53
42	54		(7) "Solid waste" means unwanted or discarded solid, liquid, semisolid or contained gaseous material, including but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility;
43	55
44	56		(8) "Solid waste facility" means any solid waste disposal area, volume reduction plant, transfer station, wood burning facility, or biomedical waste treatment facility;
45	57
46	58		(9) "Solid waste disposal area" means any location, including a landfill or other land disposal site, used for the disposal of more than ten cubic yards of solid waste;
47	59
48	60		(10) "Volume reduction plant" means any location or structure, whether located on land or water, where more than two thousand pounds per hour of solid waste generated elsewhere may be reduced in volume, including but not limited to, resources recovery facilities and other incinerators, recycling facilities, pulverizers, compactors, shredders, balers and composting facilities;
49	61
50	62		(11) "Resources recovery facility" means a facility utilizing processes aimed at reclaiming the material or energy values from solid wastes;
51	63
52	64		(12) "Transfer station" means any location or structure, whether located on land or water, where more than ten cubic yards of solid waste, generated elsewhere, may be stored for transfer or transferred from transportation units and placed in other transportation units for movement to another location, whether or not such waste is stored at the location prior to transfer;
53	65
54	66		(13) "Recycling facility" or "recycling center" means land and appurtenances thereon and structures where recycling is conducted, including but not limited to, an intermediate processing center as defined in this section;
55	67
56	68		(14) "Solid waste planning region" means those municipalities or parts thereof within or forming an area defined in the [state] state-wide solid waste management plan;
57	69
58	70		(15) "Municipality" means any town, city or borough within the state;
59	71
60	72		(16) "Municipal authority" means the local governing body having legal jurisdiction over solid waste management within its corporate limits which shall be, in the case of any municipality which adopts a charter provision or ordinance pursuant to section 7-273aa, the municipal resource recovery authority;
61	73
62	74		(17) "Region" means two or more municipalities which have joined together by creating a district or signing an interlocal agreement or signing a mutual contract for a definite period of time concerning solid waste management within such municipalities;
63	75
64	76		(18) "Regional authority" means the administrative body delegated the responsibility for solid waste management in a region;
65	77
66	78		(19) "Bonds" means bonds of the authority issued pursuant to the provisions of this chapter and the authorizing resolutions of said authority;
67	79
68		-	(20) "Notes" means notes of the authority issued pursuant to this chapter and the resolutions of the authority, either in anticipation of and pending the issuance of bonds by [said~~] the~~ authority or otherwise;
	80	+	(20) "Notes" means notes of the authority issued pursuant to this chapter and the resolutions of the authority, either in anticipation of and pending the issuance of bonds by said authority or otherwise;
69	81
70	82		(21) "Revenues" means moneys or income received by the authority in whatever form, including but not limited to fees, charges, lease payments, interest payments on investments, payments due and owing on account of any instrument, contract or agreement between the authority and any municipality, region, state agency or person, gifts, grants, bestowals or any other moneys or payments to which the authority is entitled under the provisions of this chapter or any other law, or of any agreement, contract or indenture of the authority;
71	83
72	84		(22) "Waste management project" means any solid waste disposal and resources recovery area, plant, works, system, facility or component of a facility, equipment, machinery or other element of a facility which the authority is authorized to plan, design, finance, construct, manage, operate or maintain under the provisions of this chapter, including real estate and improvements thereto and the extension or provision of utilities and other appurtenant facilities deemed necessary by the authority for the operation of a project or portion of a project, including all property rights, easements and interests required;
73	85
74	86		(23) "Solid waste management system" means that portion of the overall [state] state-wide solid waste management plan specifically designed to deal with the provision of waste management services and to effect resources recovery and recycling by means of a network of waste management projects and resources recovery facilities developed, established and operated by the authority by contract or otherwise, but not embracing or including any regulatory or enforcement activities of the Department of Energy and Environmental Protection in accordance with applicable provisions of the general statutes and as may be referred to in the [state] state-wide solid waste management plan as developed and promulgated by the Commissioner of Energy and Environmental Protection;
75	87
76	88		(24) "Costs" means the cost or fair market value, as determined by the authority, of construction, lands, property rights, utility extensions, disposal facilities, access roads, easements, franchises, financing charges, interest, engineering and legal services, plans, specifications, surveys, cost estimates, studies, transportation and other expenses necessary or incidental to the design, development, construction, financing, management and operation and maintenance of a waste management project, and such other costs or expenses of the authority, including administrative and operating costs, research and development, and operating capital, including fees, charges, loans, insurances, and the expense of purchasing real and personal property, including waste management projects;
77	89
78	90		(25) "Intermediate processing facility" means a facility where glass, metals, paper products, batteries, household hazardous waste, fertilizers and other items are removed from the waste stream for recycling or reuse;
79	91
80	92		(26) "Composting facility" means land, appurtenances, structures or equipment where organic materials originating from another process or location that have been separated at the point or source of generation from nonorganic material are recovered using a process of accelerated biological decomposition of organic material under controlled aerobic or anaerobic conditions;
81	93
82	94		(27) "Source-separated organic material" means organic material, including, but not limited to, food scraps, food processing residue and soiled or unrecyclable paper that has been separated at the point or source of generation from nonorganic material.
83	95
84	96		Sec. 4. Section 22a-639 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
85	97
86	98		(a) Not later than October 1, 2010, and every three years thereafter, the commissioner shall prepare an electronics recycling plan that establishes state-wide per-capita collection and recycling goals and identifies any necessary actions to achieve such goals. Such report shall be posted on the department's Internet web site. [and a copy of such report submitted, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment.]
87	99
88	100		(b) Not later than October 1, 2010, and annually thereafter, the commissioner shall gather information from registrants and prepare a report regarding the status of the electronics recycling program. [The commissioner shall submit such report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment, in accordance with the provisions of section 11-4a.] Such report shall contain: (1) Sufficient data, as determined by the commissioner, and analysis of such data to evaluate the effectiveness of the state-wide recycling program and the components of such program, and (2) if at any time the federal government establishes a national program for the collection and recycling of electronic devices and the department determines that the federal law substantially meets or exceeds the requirements of sections 22a-629 to 22a-640, inclusive, information on the federal law. Such report shall be posted on the department's Internet web site.
89	101
90	102		Sec. 5. Section 25-201 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
91	103
92	104		For the purposes of sections 25-200 to 25-210, inclusive:
93	105
94	106		(1) "Approved map" means a map approved by the commissioner pursuant to section 25-205;
95	107
96	108		(2) "Approved river corridor protection plan" means a river corridor protection plan approved by the commissioner pursuant to section 25-205;
97	109
98	110		(3) "Clear cutting" means removal of all standing woody vegetation greater than one inch diameter at breast height within a designated river corridor;
99	111
100	112		(4) "Commissioner" means the Commissioner of Energy and Environmental Protection or his agent;
101	113
102	114		(5) "Designation" means designation, by act of the General Assembly, of a river corridor for protection and preservation in accordance with an approved river corridor protection plan and the provisions of sections 25-200 to 25-210, inclusive;
103	115
104	116		(6) "Designated river corridor" means that portion of a river corridor defined on a map prepared in accordance with section 25-204 and which has been designated by the General Assembly pursuant to sections 25-200 to 25-210, inclusive;
105	117
106	118		(7) "Eligible river corridor" means a river corridor which is included on the list adopted by the commissioner pursuant to section 25-202;
107	119
108	120		(8) "Local drainage basin" means a local drainage basin referenced on a map entitled "Natural Drainage Basins of Connecticut", published by the Department of Energy and Environmental Protection, 1981;
109	121
110	122		(9) "Member municipality" means a municipality which is a member of a river committee established pursuant to section 25-203;
111	123
112	124		(10) "Major state plan" means the plan for development of outdoor recreation adopted pursuant to section 22a-21, the state-wide solid waste management plan adopted pursuant to section [22a-211] 22a-228, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the plan for the disposal of dredged material for Long Island Sound, the historic preservation plan adopted under the National Historic Preservation Act, as amended, the state-wide facility and capital plan adopted pursuant to section 4b-23, the water quality management plan adopted under the federal Clean Water Act, the marine resources management plan, the plan for managing forest resources, the wildlife management plans and the salmon restoration plan;
113	125
114	126		(11) "Person" means "person" as defined in section 22a-2;
115	127
116	128		(12) "River corridor" means any river, river segment or river system, together with its floodplains, wetlands and uplands, contributing overland runoff to such river, river segment or river system;
117	129
118	130		(13) "River committee" means a river committee established pursuant to section 25-203;
119	131
120	132		(14) "River system" means a river, its tributaries and any lands draining into such river or its tributaries;
121	133
122	134		(15) "Secretary" means the Secretary of the Office of Policy and Management or his agent;
123	135
124	136		(16) "State rivers assessment data base" means the state-wide assessment of the state's rivers prepared by the commissioner pursuant to subdivision (3) of subsection (c) of section 25-102qq;
125	137
126	138		(17) "State plan for conservation and development" means the state plan for conservation and development prepared pursuant to part I of chapter 297;
127	139
128	140		(18) "Subregional drainage basin" means a subregional drainage basin as depicted on a map entitled "Natural Drainage Basins of Connecticut", published by the Department of Energy and Environmental Protection, 1981; and
129	141
130	142		(19) "Water-dependent use" means a use which, by its nature or function, requires direct access to, or location in or immediately adjacent to, water and which therefore cannot be located upland and shall include such recreational uses as riverside trails and bicycle paths.
131	143
132	144		Sec. 6. Section 25-231 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
133	145
134	146		As used in sections 25-230 to 25-238, inclusive:
135	147
136	148		(1) "Approved river corridor management plan" means a river corridor management plan approved by the commissioner pursuant to section 25-235;
137	149
138	150		(2) "Commissioner" means the Commissioner of Energy and Environmental Protection or his agent;
139	151
140	152		(3) "Local drainage basin" means a local drainage basin as referenced on a map entitled "Natural Drainage Basins of Connecticut", published by the Department of Energy and Environmental Protection, 1981;
141	153
142	154		(4) "Major state plan" means any of the following: The plan for development of outdoor recreation adopted pursuant to section 22a-21, the state-wide solid waste management plan adopted pursuant to section [22a-211] 22a-228, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the historic preservation plan adopted under the National Historic Preservation Act, 16 USC 470 et seq., the state-wide facility and capital plan adopted pursuant to section 4b-23, the state's consolidated plan for housing and community development prepared pursuant to section 8-37t, the water quality management plan adopted under the federal Clean Water Act, 33 USC 1251 et seq., any plans for managing forest resources adopted pursuant to section 23-20 and the Connecticut River Atlantic Salmon Compact adopted pursuant to section 26-302;
143	155
144	156		(5) "Member municipality" means a municipality which is a member of a river commission established pursuant to section 25-232;
145	157
146	158		(6) "Person" means person, as defined in section 22a-2;
147	159
148	160		(7) "River advisory board" means any of the following: The Five Mile River Commission established pursuant to section 15-26a, the Connecticut River Gateway Commission established pursuant to section 25-102e, the Connecticut River Assembly established pursuant to section 25-102dd, the Bi-State Pawcatuck River Commission established pursuant to section 25-161, the Niantic River Gateway Commission established pursuant to section 25-109e, the Housatonic Estuary Commission established pursuant to section 25-170, the Farmington River Coordinating Committee established pursuant to the National Wild and Scenic Rivers Act, 16 USC 1274 et seq., the Shepaug-Bantam River Board or a river committee established pursuant to section 25-203;
149	161
150	162		(8) "River corridor" means any river, river segment or river system, together with its floodplains, wetlands and uplands, contributing overland runoff to such river, river segment or river system;
151	163
152	164		(9) "River commission" means a river commission established pursuant to section 25-232;
153	165
154	166		(10) "River system" means a river, its tributaries and any lands draining into such river or its tributaries;
155	167
156	168		(11) "Secretary" means the Secretary of the Office of Policy and Management or his agent;
157	169
158	170		(12) "State rivers assessment database" means the state-wide assessment of the state's rivers prepared by the commissioner pursuant to subdivision (3) of subsection (c) of section 25-102qq;
159	171
160	172		(13) "State plan for conservation and development" means the state plan for conservation and development prepared pursuant to part I of chapter 297;
161	173
162	174		(14) "Subregional drainage basin" means a subregional drainage basin as referenced on a map entitled "Natural Drainage Basins of Connecticut", published by the Department of Energy and Environmental Protection, 1981;
163	175
164	176		(15) "Water-dependent use" means a use which, by its nature or function, requires direct access to, or location in or immediately adjacent to, water and which therefore cannot be located upland, and includes such recreational uses as riverside trails and bicycle paths;
165	177
166	178		(16) "Use" means agriculture, public and private water supply, power generation, waste assimilation, transportation, recreation, including, but not limited to, boating, swimming, fishing, camping and hiking and residential, commercial, industrial and other water-dependent uses; and
167	179
168	180		(17) "Resource" means any riparian waters of the state, related fisheries and wildlife habitat and adjacent shorelands, both developed and undeveloped; any vegetation, fish and wildlife; endangered and threatened species, species of special concern and essential habitat identified by the commissioner pursuant to chapter 495; tidal and inland wetlands; unique geologic features; scenic areas; forest lands, as defined in section 23-65f; agricultural lands, as defined in section 22-26bb; and archaeological and other historical resources.
169	181
170	182		Sec. 7. Subsection (j) of section 22a-208a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
171	183
172	184		(j) The Commissioner of Energy and Environmental Protection may issue an approval for a demonstration project for any activity regulated by the commissioner under this chapter provided the commissioner determines that such demonstration project (1) is necessary to research, develop or promote methods and technologies of solid waste management which are consistent with the goals of the [state] state-wide solid waste management plan; (2) does not pose a significant risk to human health or the environment; and (3) is not inconsistent with the federal Water Pollution Control Act, the federal Rivers and Harbors Act, the federal Clean Air Act or the federal Resource Conservation and Recovery Act. An application for such approval shall be on a form prescribed by the commissioner, be accompanied by a fee of one thousand dollars and shall provide such information as the commissioner deems necessary. Any person applying for such approval shall not commence the project prior to the commissioner's written approval. The commissioner may impose conditions upon such approval as deemed necessary to adequately protect human health and the environment or to ensure project success and such approval shall be valid for a period of not more than two years. The commissioner may renew such approval provided the total period of approval does not exceed five years. The commissioner may order summary suspension of any such approval in accordance with subsection (c) of section 4-182. Notwithstanding the renewal process, any person may seek, or the commissioner may require, that the project obtain a general or individual permit pursuant to this chapter.
173	185
174	186		Sec. 8. Subsection (b) of section 22a-219b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
175	187
176	188		(b) No grant shall be made under this section to a municipality unless the solid waste generated within such municipality is delivered to a facility that has been approved by the Commissioner of Energy and Environmental Protection for consistency with the [state] state-wide solid waste management plan and has not less than seventy-five per cent of its design capacity committed under long-term contractual agreements on the date of commercial operation. No grant shall be made unless the municipality has executed, on or before the date of commercial operation of such facility or system, a long-term contractual agreement to participate in the facility.
177	189
178	190		Sec. 9. Subsection (f) of section 22a-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
179	191
180	192		(f) On and after January 1, 1991, each municipality shall, consistent with the requirements of section 22a-241b, make provisions for the separation, collection, processing and marketing of items generated within its boundaries as solid waste and designated for recycling by the commissioner pursuant to subsection (a) of section 22a-241b. It shall be the goal to recycle twenty-five per cent of the solid waste generated in each municipality provided it shall be the goal to reduce the weight of such waste by January 1, 2000, by an additional fifteen per cent by source reduction as determined by reference to the [state] state-wide solid waste management plan established in 1991, or by recycling such additional percentage of waste generated, or both. The provisions of this subsection shall not be construed to require municipalities to enforce reduction in the quantity of solid waste. On or before January 1, 1991, each municipality shall: (1) Adopt an ordinance or other enforceable legal instrument setting forth measures to assure the compliance of persons within its boundaries with the requirements of subsection (c) of section 22a-241b and to assure compliance of collectors with the requirements of subsection (a) of section 22a-220c, and (2) provide the Commissioner of Energy and Environmental Protection with the name, address and telephone number of a person to receive information and respond to questions regarding recycling from the department on behalf of the municipality. The municipality shall notify the commissioner within thirty days of its designation of a new representative to undertake such responsibilities. A municipality may by ordinance or other enforceable legal instrument provide for and require the separation and recycling of other items in addition to those designated pursuant to subsection (a) of section 22a-241b.
181	193
182	194		Sec. 10. Subsection (a) of section 22a-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
183	195
184	196		(a) The Commissioner of Energy and Environmental Protection shall make a grant for financial assistance to any resources recovery authority from the proceeds of the sale of any bonds authorized for such purpose for feasibility studies and development expenses as are determined to be appropriate by said commissioner which are incurred prior to permanent financing of a resource recovery system or an incinerator. Eligible activities shall include, but not be limited to, the costs of the preparation of financial, technical, legal and engineering information for the system or incinerator and analysis of the impact of recycling on such system or incinerator. To be eligible for a grant, the system or incinerator shall be under study or proposed for a study and shall be consistent with the [state] state-wide solid waste management plan.
185	197
186	198		Sec. 11. Section 22a-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
187	199
188	200		The following are declared to be policies of the state of Connecticut: (1) That maximum resources recovery from solid waste and maximum recycling and reuse of such resources in order to protect, preserve and enhance the environment of the state shall be considered environmental goals of the state; (2) that solid waste disposal and resources recovery facilities and projects are to be implemented either by the state of Connecticut or under state auspices, in furtherance of these goals; (3) that appropriate governmental structure, processes and support are to be provided so that effective state systems and facilities for solid waste management and large-scale resources recovery may be developed, financed, planned, designed, constructed and operated for the benefit of the people and municipalities of the state; (4) that private industry is to be utilized to the maximum extent feasible to perform planning, design, management, construction, operation, manufacturing and marketing functions related to solid waste disposal and resources recovery and to assist in the development of industrial enterprise based upon resources recovery, recycling and reuse; (5) that long-term negotiated contracts between the state and private persons and industries may be utilized as an incentive for the development of industrial and commercial enterprise based on resources recovery within the state; (6) that solid waste disposal services shall be provided for municipal and regional authorities and private persons in the state, at reasonable cost, by state systems and facilities where such services are considered necessary and desirable in accordance with the state-wide solid waste management plan and that any revenues received from the payment of the costs of such services otherwise from the operation of state systems and facilities shall be redistributed to the users of such services provided that the authority has determined that all contractual obligations related to such systems and facilities have been met and that such revenues are surplus and not needed to provide necessary support for such systems and facilities; (7) that provision shall be made for planning, research and development, and appropriate innovation in the design, management and operation of the state's systems and facilities for solid waste management, in order to permit continuing improvement and provide adequate incentives and processes for lowering operating and other costs; (8) that the authority established pursuant to this chapter shall have responsibility for implementing solid waste disposal and resources recovery systems and facilities and solid waste management services where necessary and desirable throughout the state in accordance with the [state] state-wide solid waste management plan and applicable statutes and regulations; (9) that actions and activities performed or carried out by the authority or its contractors in accordance with the provisions of this chapter shall be in conformity with the [state] state-wide solid waste management plan and with other applicable policies and regulations of the state, as promulgated from time to time in law and by action of the Department of Energy and Environmental Protection and Connecticut Innovations, Incorporated; (10) that it being to the best interest of the state, municipalities, individual citizens and the environment to minimize the quantity of materials entering the waste stream that would require collection, transportation, processing, or disposal by any level of government, it is the intent of this legislation to promote the presegregation of recoverable or recyclable materials before they become mixed and included in the waste stream; and that this intent shall be reflected in the policy of the resources recovery authority and that no provision of this chapter or action of this authority shall either discourage or prohibit either voluntary or locally ordained solid waste segregation programs or the sale of such segregated materials to private persons, unless the authority has determined based upon a feasibility report filed with the applicable municipal authority that the reduced user fees charged to it should result in its total cost of solid waste management including user fees paid to the authority to be less without presegregation than with it; and (11) that these policies and purposes are hereby declared to be in the public interest and the provisions of this chapter to be necessary and for the public benefit, as a matter of legislative determination.
189	201
190	202		Sec. 12. Section 22a-262 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
191	203
192	204		(a) The purposes of the authority shall be:
193	205
194	206		(1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal, volume reduction, recycling, intermediate processing and resources recovery facilities and all related solid waste reception, storage, transportation and waste-handling and general support facilities considered by the authority to be necessary, desirable, convenient or appropriate in carrying out the provisions of the [state] state-wide solid waste management plan and in establishing, managing and operating solid waste disposal and resources recovery systems and their component waste-processing facilities and equipment;
195	207
196	208		(2) The provision of solid waste management services to municipalities, regions and persons within the state by receiving solid wastes at authority facilities, pursuant to contracts between the authority and such municipalities, regions and persons; the recovery of resources and resource values from such solid wastes; and the production from such services and resources recovery operations of revenues sufficient to provide for the support of the authority and its operations on a self-sustaining basis, with due allowance for the redistribution of any surplus revenues to reduce the costs of authority services to the users thereof provided such surplus revenues shall include any net revenue from activities undertaken pursuant to subdivisions (18) and (19) of subsection (a) of section 22a-266 and subdivision (8) of section 22a-267;
197	209
198	210		(3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements of the [state] state-wide solid waste management plan and for such other activities as may be considered necessary, desirable or convenient by the authority;
199	211
200	212		(4) Assistance with and coordination of efforts directed toward source separation for recycling purposes; and
201	213
202	214		(5) Assistance in the development of industries, technologies and commercial enterprises within the state of Connecticut based upon resources recovery, recycling, reuse and treatment or processing of solid waste.
203	215
204	216		(b) These purposes shall be considered to be operating responsibilities of the authority, in accordance with the [state] state-wide solid waste management plan, and are to be considered in all respects public purposes. It is the intention of this chapter that the authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned responsibilities and that the provisions of this chapter, itself, are to be construed liberally in furtherance of this intention.
205	217
206	218		Sec. 13. Section 22a-264 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
207	219
208	220		The activities of the authority in providing or contracting to provide solid waste management services to the state, regions, municipalities and persons, in implementing the state resources recovery system and in planning, designing, financing, constructing, managing or operating solid waste facilities, including their location, size and capabilities, shall be in conformity with applicable statutes and regulations and with the [state] state-wide solid waste management plan as promulgated by the Commissioner of Energy and Environmental Protection. The authority shall have power to assist in the preparation, revision, extension or amendment of the [state] state-wide solid waste management plan, and the Department of Energy and Environmental Protection is hereby authorized to utilize, by contract or other agreement, the capabilities of the authority for the carrying out of such planning functions. The authority shall have power to revise and update, as may be necessary to carry out the purposes of this chapter, that portion of the [state] state-wide solid waste management plan defined as the "solid waste management system". To effect such revision and updating, the authority shall prepare an annual plan of operations which shall be reviewed by the Commissioner of Energy and Environmental Protection for consistency with the [state] state-wide solid waste management plan. Upon approval by the Commissioner of Energy and Environmental Protection and by a two-thirds vote of the authority's full board of directors, the annual plan of operations shall be promulgated. Any activities of the authority carried out to assist in the development of industry and commerce based upon the availability of recovered resources for recycling and reuse shall be coordinated to the extent practicable with plans and activities of Connecticut Innovations, Incorporated with due consideration given to the secondary materials industries operating within the state of Connecticut.
209	221
210	222		Sec. 14. Subdivision (12) of section 22a-265 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
211	223
212	224		(12) Otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct of its operations, the maintenance of its working relationships with municipalities, regions and persons, and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid waste management services, in accordance with the provisions of the [state] state-wide solid waste management plan, applicable statutes and regulations and the requirements of this chapter;
213	225
214	226		Sec. 15. Subdivision (6) of section 22a-267 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
215	227
216	228		(6) The directors of the authority may by resolution, in accordance with the provisions and stipulations of this chapter and the authority's general and other bond resolutions, authorize both the segregation of such authority revenues as may at any time be adjudged by said directors to be surplus to the needs of the authority to meet its contractual and other obligations and to provide for its operations or other business purposes, and the equitable redistribution of such segregated surplus revenues to some or all of the users of the system in accordance with applicable provisions of the [state] state-wide solid waste management plan;
217	229
218	230		Sec. 16. Section 22a-275 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
219	231
220		-	(a) The authority shall have the power to purchase, in accordance with the requirements of the [state] state-wide solid waste management plan, at such costs or prices as are mutually deemed agreeable by the authority and the seller, any solid waste disposal facility, volume reduction plant or solid waste disposal areas owned by a municipality or regional authority or by a person and to own and operate such facilities and plants when and as deemed necessary, convenient or desirable, by the authority, and in accordance with the state plan, to carry out its purposes in accordance with this chapter; it may alter, reconstruct, improve, enlarge or extend any such facility, plant or disposal area at its own discretion to carry out the requirements of the [state~~] state-wide~~ solid waste management plan; it may contract to plan, design, finance, construct and operate and maintain any solid waste management project, processing facility or disposal area on behalf of a municipal or regional authority, in accordance with such state plans; and may otherwise make the waste management services and capabilities of authority projects available by contract to any municipal or regional authority or private person or institution at reasonable fees or charges to be established by the authority for such services.
	232	+	(a) The authority shall have the power to purchase, in accordance with the requirements of the [state] state-wide solid waste management plan, at such costs or prices as are mutually deemed agreeable by the authority and the seller, any solid waste disposal facility, volume reduction plant or solid waste disposal areas owned by a municipality or regional authority or by a person and to own and operate such facilities and plants when and as deemed necessary, convenient or desirable, by the authority, and in accordance with the state plan, to carry out its purposes in accordance with this chapter; it may alter, reconstruct, improve, enlarge or extend any such facility, plant or disposal area at its own discretion to carry out the requirements of the state solid waste management plan; it may contract to plan, design, finance, construct and operate and maintain any solid waste management project, processing facility or disposal area on behalf of a municipal or regional authority, in accordance with such state plans; and may otherwise make the waste management services and capabilities of authority projects available by contract to any municipal or regional authority or private person or institution at reasonable fees or charges to be established by the authority for such services.
221	233
222	234		(b) Any municipal or regional authority having a solid waste management plan that is required, pursuant to the provisions of chapter 446b, to be in conformity with the [state] state-wide solid waste management plan, and which municipal or regional plan provides that the disposition of the solid wastes of said municipality or region shall be accomplished through the use of state or regional facilities providing adequate resources recovery and large-scale waste disposal processing, is hereby authorized to enter into a long-term contract for such services with the authority, to pay any reasonable fees and charges established by the authority for such services, and, further, to pledge the full faith and credit of the municipal or regional authority for the payment of such fees and charges.
223	235
224	236		(c) Prior to negotiating any such contract with a municipal or regional authority, the authority shall adopt procedures governing such contract negotiations and contracting processes in accordance with subsection (d) of this section. Such procedures shall include but not be limited to (1) specific procedures for resolving impasses, disputes or other controversies that may arise during contract negotiations, and (2) such other information, standards, analyses and procedures as will facilitate the negotiation and establishment of equitable contracts.
225	237
226	238		(d) Prior to the adoption, amendment or repeal of any procedure prescribed in subsection (c) of this section, or of any procedure that would adversely affect the operations or affairs of any municipality or municipal or regional authority, the authority shall provide notice of and opportunity for a hearing on such intended action in accordance with subsection (e) of this section. Any municipality or municipal or regional authority may petition the authority with respect to the promulgation, amendment or repeal of such procedure, in accordance with a form and procedure prescribed by the authority for the submission, consideration and disposition of such petition, including adequate provision for notice and hearing. Within thirty days after the submission of such a petition the directors of the authority shall either deny said petition in writing, stating the reasons for such denial, or shall order the initiation of proceedings in accordance with subsection (e) of this section.
227	239
228	240		(e) In adopting, amending or repealing any procedure referred to in this section, the directors of the authority shall, at least sixty days prior to the effective date of such action, pass a resolution expressing their intent to adopt, amend or repeal such procedure, and shall within ten days cause a copy of such resolution to be printed in one daily and one weekly newspaper published within the state and the Connecticut Law Journal. Thereupon, any interested party so desiring may, within thirty days, petition the directors with respect to such action and offer evidence in support of such petition before a referee appointed by the chairman. Said referee shall not be an employee of the authority, and shall report his findings with respect to such petition and evidence to the directors at least ten days prior to the date established by the directors as the effective date of their action. Due consideration shall be given to such findings by the directors in determining their final action with respect to such procedural adoption, amendment or repeal.
229	241
230		-	(f) Any municipal or regional authority is also authorized [hereby~~] under this section~~ to borrow from the authority such sums of money as may be necessary to establish a solid waste management project or projects, or a disposal facility, volume reduction plant or disposal area whenever such municipal or regional authority, in accordance with its approved local plan conforming to the [state~~] state-wide~~ solid waste management plan, is not required to utilize the services of a state or regional waste management project for the disposal of its wastes. Any such loan may be made on the basis of a long-term loan agreement or service contract between such municipal or regional authority and the solid waste authority, and as collateral for such loan a municipal or regional authority may pledge its full faith and credit, or an applicable portion of the charges levied or revenues received for municipal or regional waste disposal, or both. Any municipal or regional authority is also [hereby~~] under this section~~ authorized to contract with the authority for planning, design, financing, construction and operation and maintenance services by the authority or by any person under contract with the authority, of a waste management project, facility or disposal area to be used to provide for the disposal of wastes and the recovery of resources within said municipality or region and to contract for any payment in lieu of taxes to be made with respect to such project, facility or disposal area in accordance with the intentions and provisions of this chapter and the [state] state-wide solid waste management plan. All required payments of fees and charges, interest on loans, principal of loans and necessary fees and assessments related thereto required under any contract or agreement entered into pursuant to the provisions of this section, are considered expenditures for public purposes by a municipal or regional authority and, notwithstanding the provisions of any other law, any necessary general or special taxes or cost-sharing or other assessments may be levied or collected by [said~~] such~~ municipal or regional authority for the purpose of making such required payments.
	242	+	(f) Any municipal or regional authority is also authorized hereby to borrow from the authority such sums of money as may be necessary to establish a solid waste management project or projects, or a disposal facility, volume reduction plant or disposal area whenever such municipal or regional authority, in accordance with its approved local plan conforming to the state solid waste management plan, is not required to utilize the services of a state or regional waste management project for the disposal of its wastes. Any such loan may be made on the basis of a long-term loan agreement or service contract between such municipal or regional authority and the solid waste authority, and as collateral for such loan a municipal or regional authority may pledge its full faith and credit, or an applicable portion of the charges levied or revenues received for municipal or regional waste disposal, or both. Any municipal or regional authority is also hereby authorized to contract with the authority for planning, design, financing, construction and operation and maintenance services by the authority or by any person under contract with the authority, of a waste management project, facility or disposal area to be used to provide for the disposal of wastes and the recovery of resources within said municipality or region and to contract for any payment in lieu of taxes to be made with respect to such project, facility or disposal area in accordance with the intentions and provisions of this chapter and the [state] state-wide solid waste management plan. All required payments of fees and charges, interest on loans, principal of loans and necessary fees and assessments related thereto required under any contract or agreement entered into pursuant to the provisions of this section, are considered expenditures for public purposes by a municipal or regional authority and, notwithstanding the provisions of any other law, any necessary general or special taxes or cost-sharing or other assessments may be levied or collected by said municipal or regional authority for the purpose of making such required payments.
231	243
232	244		(g) Whenever the authority, by resolution of its board of directors, distributes surplus revenues of the authority to any municipal or regional authority or person who by virtue of the provisions of the [state] state-wide solid waste management plan or any contract or agreement with the authority may be entitled to participate in such distribution, such municipal or regional authority or person is entitled to receive and to have and to hold the proceeds of such distribution and to use the same for any lawful purpose, including but not limited to the reduction of local taxes or assessments levied or to be levied for the purpose of raising revenues to pay authority fees or service charges.
233	245
234		-	(h) The authority, when performing services on behalf of or providing a waste management project for any municipal or regional authority pursuant to this section, shall be considered eligible to receive on behalf of such municipal or regional authority any state grants for which [said~~] such~~ municipal or regional authority may be ordinarily eligible under chapter 446d, or any other law, rule or regulation of the state. The proceeds of any such grant shall be applied by the authority to reduce the costs of the services or project being provided.
	246	+	(h) The authority, when performing services on behalf of or providing a waste management project for any municipal or regional authority pursuant to this section, shall be considered eligible to receive on behalf of such municipal or regional authority any state grants for which said municipal or regional authority may be ordinarily eligible under chapter 446d, or any other law, rule or regulation of the state. The proceeds of any such grant shall be applied by the authority to reduce the costs of the services or project being provided.
235	247
236		-	(i) When performing work at the direction of the Department of Energy and Environmental Protection, in furtherance of the objectives of the [state] state-wide solid waste management plan and pursuant [thereto~~] to such plan~~, the authority shall be entitled to receive any state grants or other assistance to which a municipal or regional authority would be entitled had the work been performed by such municipal or regional authority.
	248	+	(i) When performing work at the direction of the Department of Energy and Environmental Protection, in furtherance of the objectives of the [state] state-wide solid waste management plan and pursuant thereto, the authority shall be entitled to receive any state grants or other assistance to which a municipal or regional authority would be entitled had the work been performed by such municipal or regional authority.
237	249
238	250		(j) Notwithstanding the provisions of any local law, ordinance or regulation, the authority, in carrying out its purposes according to this chapter and in fulfilling the requirements of the state plan, shall have power to transport or to provide for the transportation of solid wastes and recovered resources anywhere within the state.
239	251
240	252		(k) Nothing in this chapter shall be deemed or interpreted to preclude or prohibit state financial assistance to municipal and regional authorities according to the provisions of chapter 446d, or of any other law, rule or regulation of the state relating to solid waste management planning, solid waste reduction and disposal operations, approved solid waste disposal facilities and equipment, per capita grants and the distribution of federal funds for the acquisition and development of lands by municipalities. Such assistance shall be provided to any municipal or regional authority having a solid waste management plan which has been adopted and approved pursuant to chapter 446d, and is in conformity with the [state] state-wide solid waste management plan, until such time as such municipal or regional authority contracts with the authority for and receives resource recovery or solid waste processing services.
241	253
242	254		Sec. 17. Section 22a-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
243	255
244		-	The commissioner shall make grants for providing financial assistance to municipal and regional authorities for the preparation of solid waste management [plan] plans. The grant to each municipal authority shall equal ten per cent of the nonfederal portion of the cost of preparing the plans. An additional ten per cent shall be paid for each additional municipality included in the plan, but not more than seventy per cent of the total cost of the nonfederal portion being granted by the commissioner to a regional authority.
	256	+	The commissioner shall make grants for providing financial assistance to municipal and regional authorities for the preparation of solid waste management [plan] plans. The grant to each municipal authority shall equal ten per cent of the nonfederal portion of the cost of preparing the plans. An additional ten per cent shall be paid for each additional municipality included in the plan but not more than seventy per cent of the total cost of the nonfederal portion being granted by the commissioner to a regional authority.
245	257
246	258		Sec. 18. Subdivision (12) of subsection (a) of section 7-273bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
247	259
248	260		(12) Otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct of its operations, the maintenance of its working relationships with the state, other municipalities, regions and persons, and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid waste management services, in accordance with the provisions of the [state] state-wide or local solid waste management plan, applicable statutes and regulations and the requirements of this chapter;
249	261
250	262		Sec. 19. Subdivision (15) of subsection (a) of section 7-273bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
251	263
252	264		(15) Purchase, receive by gift or otherwise, lease, exchange, or otherwise acquire and construct, reconstruct, improve, maintain, equip and furnish such waste management projects of the authority as are called for by the [state] state-wide or local solid waste management plan;
253	265
254	266		Sec. 20. Sections 22a-208h and 22a-211 of the general statutes are repealed. (Effective from passage)
255	267
256	268
257	269
258	270
259	271		This act shall take effect as follows and shall amend the following sections:
260	272		Section 1 January 1, 2015 8-31c
261	273		Sec. 2 from passage 16a-48(g)
262	274		Sec. 3 from passage 22a-260
263	275		Sec. 4 October 1, 2014 22a-639
264	276		Sec. 5 from passage 25-201
265	277		Sec. 6 from passage 25-231
266	278		Sec. 7 from passage 22a-208a(j)
267	279		Sec. 8 from passage 22a-219b(b)
268	280		Sec. 9 from passage 22a-220(f)
269	281		Sec. 10 from passage 22a-222(a)
270	282		Sec. 11 from passage 22a-259
271	283		Sec. 12 from passage 22a-262
272	284		Sec. 13 from passage 22a-264
273	285		Sec. 14 from passage 22a-265(12)
274	286		Sec. 15 from passage 22a-267(6)
275	287		Sec. 16 from passage 22a-275
276	288		Sec. 17 from passage 22a-212
277	289		Sec. 18 from passage 7-273bb(a)(12)
278	290		Sec. 19 from passage 7-273bb(a)(15)
279	291		Sec. 20 from passage Repealer section
280	292
281	293		This act shall take effect as follows and shall amend the following sections:
282	294
283	295		Section 1
284	296
285	297		January 1, 2015
286	298
287	299		8-31c
288	300
289	301		Sec. 2
290	302
291	303		from passage
292	304
293	305		16a-48(g)
294	306
295	307		Sec. 3
296	308
297	309		from passage
298	310
299	311		22a-260
300	312
301	313		Sec. 4
302	314
303	315		October 1, 2014
304	316
305	317		22a-639
306	318
307	319		Sec. 5
308	320
309	321		from passage
310	322
311	323		25-201
312	324
313	325		Sec. 6
314	326
315	327		from passage
316	328
317	329		25-231
318	330
319	331		Sec. 7
320	332
321	333		from passage
322	334
323	335		22a-208a(j)
324	336
325	337		Sec. 8
326	338
327	339		from passage
328	340
329	341		22a-219b(b)
330	342
331	343		Sec. 9
332	344
333	345		from passage
334	346
335	347		22a-220(f)
336	348
337	349		Sec. 10
338	350
339	351		from passage
340	352
341	353		22a-222(a)
342	354
343	355		Sec. 11
344	356
345	357		from passage
346	358
347	359		22a-259
348	360
349	361		Sec. 12
350	362
351	363		from passage
352	364
353	365		22a-262
354	366
355	367		Sec. 13
356	368
357	369		from passage
358	370
359	371		22a-264
360	372
361	373		Sec. 14
362	374
363	375		from passage
364	376
365	377		22a-265(12)
366	378
367	379		Sec. 15
368	380
369	381		from passage
370	382
371	383		22a-267(6)
372	384
373	385		Sec. 16
374	386
375	387		from passage
376	388
377	389		22a-275
378	390
379	391		Sec. 17
380	392
381	393		from passage
382	394
383	395		22a-212
384	396
385	397		Sec. 18
386	398
387	399		from passage
388	400
389	401		7-273bb(a)(12)
390	402
391	403		Sec. 19
392	404
393	405		from passage
394	406
395	407		7-273bb(a)(15)
396	408
397	409		Sec. 20
398	410
399	411		from passage
400	412
401	413		Repealer section
402	414
	415	+	Statement of Purpose:
403	416
	417	+	To make certain revisions to Department of Energy and Environmental Protection statutes in furtherance of said agency's LEAN efforts.
404	418
405		-	ENV Joint Favorable Subst.
406		-
407		-	ENV
408		-
409		-	Joint Favorable Subst.
	419	+	[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.]