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General Assembly Substitute Bill No. 7293
January Session, 2019
AN ACT CONCERNING TH E REDEVELOPMENT OF C ERTAIN SOLID
WASTE MANAGEMENT FAC ILITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-268g of the general statutes is repealed and 1
the following is substituted in lieu thereof (Effective from passage): 2
(a) [On or before January 1, 2016,] Notwithstanding any provision of 3
the general statutes, the Commissioner of Energy and Environmental 4
Protection, in consultation with the Materials Innovation and 5
Recycling Authority, shall issue a request for proposals from providers 6
of solid waste materials management services, including, but not 7
limited to, recycling, reuse, energy and fuel recovery for the purpose of 8
redeveloping the Connecticut Solid Waste System Project. Such 9
proposals shall not include the provision of waste collection or 10
transportation services. From such proposals, the commissioner may 11
select not more than three respondents who may each conduct a 12
feasibility study with the cooperation of the Materials Innovation and 13
Recycling Authority. Any such feasibility study shall be completed not 14
later than January 1, 2017, and any such respondent shall submit a 15
final proposal to the Commissioner of Energy and Environmental 16
Protection not later than July 1, 2017. The commissioner shall provide 17
an opportunity for public review and comment on such feasibility 18
study. On or before September 15, 2017, the commissioner shall submit 19 Substitute Bill No. 7293
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a report on the nature and status of such proposals to the joint 20
standing committees of the General Assembly having cognizance of 21
matters relating to the environment and energy and technology and to 22
the joint standing committee on legislative management. The joint 23
standing committees of the General Assembly having cognizance of 24
matters relating to the environment and energy and technology may 25
hold a joint public hearing on such report not later than thirty days 26
after receipt of such report. The commissioner, or the commissioner's 27
designee, shall testify at any such public hearing and receive 28
comments from the members of said committees concerning such 29
proposals. [On or before December 31, 2017, the] Notwithstanding any 30
other provision of the general statutes, the Commissioner of Energy 31
and Environmental Protection may select one such final proposal and 32
direct the Materials Innovation and Recycling Authority to enter into 33
an agreement with the applicable respondent for the redevelopment of 34
the Connecticut Solid Waste Management System Project. In selecting 35
such final proposal, the Commissioner of Energy and Environmental 36
Protection shall consider the following factors: (1) Whether the 37
proposal is consistent with the strategies developed pursuant to 38
section 22a-241a, (2) whether the proposal is consistent with the goals 39
of the state-wide solid waste management plan adopted in accordance 40
with section 22a-228, (3) whether the proposal is in the best interest of 41
the municipalities under contract with the Materials Innovation and 42
Recycling Authority, including, but not limited to, the maintenance or 43
reduction of current tipping fees for contracted waste, (4) the level of 44
investment proposed by the respondent, (5) any potential positive 45
impacts on the state's economic development, (6) public comments 46
received on the feasibility studies, and (7) any other factor consistent 47
with the purpose of this section that the Commissioner of Energy and 48
Environmental Protection deems relevant to the redevelopment of the 49
Connecticut Solid Waste System Project. The selection of a final 50
proposal by the Department of Energy and Environmental Protection, 51
in consultation with the Materials Innovation and Recycling Authority, 52
shall not be construed as a legislative mandate as it relates to the 53
Materials Innovation and Recycling Authority's ability to obligate 54 Substitute Bill No. 7293
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municipal customers to remain under contract or to enter into any 55
contract with the applicable respondent. 56
(b) Not later than May 15, 2019, the Materials Innovation and 57
Recycling Authority shall submit the terms of a preliminary agreement 58
with the applicable respondent that was negotiated in accordance with 59
subsection (a) of this section to the joint standing committee of the 60
General Assembly having cognizance of matters relating to the 61
environment, the Governor, the Commissioner of Energy and 62
Environmental Protection and each municipality served by the 63
Connecticut Solid Waste System Project. Such terms shall be posted on 64
the Internet web site of the authority. The commissioner and the 65
authority shall consult with such municipalities concerning the terms 66
of such preliminary agreement, including, but not limited to, any 67
service fees and contract terms that may be applicable to such 68
municipalities. 69
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-268g
ENV Joint Favorable Subst.