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General Assembly Raised Bill No. 7295
January Session, 2019
LCO No. 5118
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING A RECYCLING PROGRAM FOR PAPER AN D
PACKAGING AND REQUIR ING CERTAIN MUNICIPAL SOLID WASTE
MANAGEMENT GOALS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) For purposes of this section: 1
(1) "Packaging" means any material, substance or object that is used 2
to protect, contain or transport any commercial commodity or product 3
regardless of the recyclability or availability of a market for such 4
recycled material, substance or object; 5
(2) "Paper" means any kind of paper that contains print, except 6
paper that, by virtue of its intended use, could become unsafe or 7
unsanitary to recycle; 8
(3) "Producer" means any person who: (A) Manufactures packaging 9
or paper for use in a commercial enterprise and who sells, offers for 10
sale or distributes packaging or paper in the state under the 11
manufacturer's own brand, (B) is not a manufacturer of packaging or 12
paper but who is the owner or licensee of a trademark under which 13 Raised Bill No. 7295
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such packaging or paper is used in a commercial enterprise, sold, 14
offered for sale or distributed in the state, regardless of whether the 15
trademark is registered, or (C) imports packaging or paper into the 16
state for use in a commercial enterprise or for sale, offer for sale or 17
distribution in the state; and 18
(4) "Small producer" means any producer who: (A) Is a charitable, 19
tax-exempt organization, (B) had a gross revenue for the most recent 20
calendar year of less than one million dollars in the state, (C) produced 21
in the most recent calendar year less than one ton of packaging or 22
paper that was or will be used in a commercial enterprise or that was 23
or will be sold, offered for sale or distributed in the state. 24
(b) (1) On or before December 31, 2020, each producer, except a 25
small producer, or such producer's designee, shall, working in 26
consultation with the Department of Energy and Environmental 27
Protection, submit to the joint standing committee of the General 28
Assembly having cognizance of matters relating to the environment 29
and to the department a plan to establish a state-wide packaging and 30
paper recycling program as described in this subsection. Such 31
recycling program shall, to the extent it is technologically feasible and 32
economically practical: (1) Provide for free, convenient and accessible 33
state-wide opportunities for the receipt of packaging and paper from 34
any person in the state, (2) utilize existing collection systems and 35
commercial processing facilities to the greatest extent possible, (3) 36
provide for producer-financed end-of-life management for packaging 37
and paper, and (4) provide for producer-financed litter and marine 38
debris abatement of packaging and paper. Such producers may form 39
one or more organizations for the purpose of meeting the requirements 40
of this section. 41
(2) Any plan submitted pursuant to this section shall identify each 42
producer participating in the program, the manner in which 43
participating producers will evaluate the effectiveness, implementation 44
and enforcement of the plan, a description of all financial aspects of the 45
program, including how the program will be financed, a description of 46 Raised Bill No. 7295
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the performance goals of the program and how such goals will be met 47
in the first two years of the program, the proposed recycling and 48
processing facilities to be used by the program and how the plan will 49
advance the goals of the state's solid waste management plan adopted 50
in accordance with section 22a-228 of the general statutes. 51
(c) On or before July 31, 2020, the Commissioner of Energy and 52
Environmental Protection shall submit an interim report, in accordance 53
with section 11-4a of the general statutes, to the joint standing 54
committee of the General Assembly having cognizance of matters 55
related to the environment concerning the progress of planning efforts 56
undertaken by the producers pursuant to subsection (b) of this section. 57
(d) On or before March 1, 2021, the commissioner may submit a 58
recommendation to the clerks of the House of Representatives and the 59
Senate to approve the plan or plans submitted by producers. If the 60
General Assembly does not reject such recommendation by a simple 61
majority vote in each chamber on or before June 30, 2021, such 62
recommendation shall be deemed approved, and the commissioner 63
shall work with producers to implement any recommended plan. 64
(e) In the event that a small producer operates under a franchise 65
agreement, the small producer, the franchisor or any other party with 66
whom the franchisor has a franchise agreement in relation to the same 67
packaging or paper product shall be deemed to be a single producer 68
for the purposes of this section. 69
Sec. 2. Subsections (f) to (j), inclusive, of section 22a-220 of the 70
general statutes are repealed and the following is substituted in lieu 71
thereof (Effective from passage): 72
(f) On and after January 1, 1991, each municipality shall, consistent 73
with the requirements of section 22a-241b, make provisions for the 74
separation, collection, processing and marketing of items generated 75
within its boundaries as solid waste and designated for recycling by 76
the commissioner pursuant to subsection (a) of section 22a-241b. It 77
shall be the goal [to recycle twenty-five per cent of the solid waste 78 Raised Bill No. 7295
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generated in each municipality provided it shall be the goal to reduce 79
the weight of such waste by January 1, 2000, by an additional fifteen 80
per cent by source reduction as determined by reference to the state-81
wide solid waste management plan established in 1991, or by recycling 82
such additional percentage of waste generated, or both. The provisions 83
of this subsection shall not be construed to require municipalities to 84
enforce reduction in the quantity of solid waste] for each municipality 85
to dispose annually of not more than seven hundred pounds per capita 86
from residential sources of municipal solid waste by January 1, 2022, 87
and not more than five hundred pounds per capita from such sources 88
by January 1, 2024. On or before January 1, 1991, each municipality 89
shall: (1) Adopt an ordinance or other enforceable legal instrument 90
setting forth measures to assure the compliance of persons within its 91
boundaries with the requirements of subsection (c) of section 22a-241b 92
and to assure compliance of collectors with the requirements of 93
subsection (a) of section 22a-220c, and (2) provide the Commissioner of 94
Energy and Environmental Protection with the name, address and 95
telephone number of a person to receive information and respond to 96
questions regarding recycling from the department on behalf of the 97
municipality. The municipality shall notify the commissioner within 98
thirty days of its designation of a new representative to undertake such 99
responsibilities. A municipality may by ordinance or other enforceable 100
legal instrument provide for and require the separation and recycling 101
of other items in addition to those designated pursuant to subsection 102
(a) of section 22a-241b. 103
(g) A municipality may contract with a municipal authority, another 104
municipality, a regional entity, the Materials Innovation and Recycling 105
Authority, a nonprofit organization, a private contractor or any 106
combination thereof for assistance in complying with the requirements 107
of this section. 108
(h) On or before September 30, 2010, and annually thereafter, each 109
municipality, or its designated regional agent, shall provide a report to 110
the Commissioner of Energy and Environmental Protection describing 111
the measures taken during the preceding year to meet its obligations 112 Raised Bill No. 7295
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under this section. The commissioner shall provide each municipality 113
with a form for such report by July 1, 2010. Such form may be 114
amended from time to time. Such report shall include, but not be 115
limited to, (1) a description of the efforts made by the municipality to 116
promote recycling and waste reduction, (2) a description of its efforts 117
to ensure compliance with separation requirements, (3) an 118
identification of the first destinations that received solid waste, 119
including recyclable material generated in the municipality's borders, 120
[and] (4) the actual or estimated amount of such disposed solid waste 121
and recyclable material that has been delivered to a first destination 122
that is out of state or a Connecticut end user, and (5) the names and 123
contact information for all collectors registered to provide services in 124
the municipality and copies of reports provided by such collectors in 125
accordance with section 22a-220a, as amended by this act. If such 126
amounts of recyclable material or solid waste are unknown to the 127
municipality, the municipality shall provide the commissioner with 128
the contact information of the collector who transported such 129
recyclable material or municipal solid waste. For the purposes of this 130
subsection, "collector" has the same meaning as in section 22a-220a, as 131
amended by this act. 132
(i) Each municipality shall designate a municipal or regional agent 133
to receive from collectors of solid waste and recyclable items and from 134
operators of resources recovery facilities and solid waste facilities the 135
notices required to be sent to the municipality pursuant to section 22a-136
220c. 137
(j) On and after January 1, [1991] 2020, the commissioner may issue 138
an order, in accordance with the procedures set forth in section 22a-139
225, to enforce the requirements of this section and section 22a-241e. If 140
the commissioner determines that a municipality is making insufficient 141
progress in implementing a recycling and waste reduction program 142
[he] the commissioner may issue a notice of [recycling] program 143
deficiency. Thirty days after issuance of said notice the commissioner 144
shall meet with the chief executive officer of the municipality to 145
discuss the deficiency, the municipality's explanations thereof and 146 Raised Bill No. 7295
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remedial steps. The municipality at such meeting may cite 147
impediments to the accomplishment of recycling program goals 148
including, but not limited to, the following: The availability of markets; 149
the availability of local processing systems; the availability of regional 150
processing centers; the desirability of alternate utilization techniques; 151
impacts on public health or the environment associated with recycling; 152
or severe economic impact. If the commissioner, after considering such 153
impediments, determines deficiencies still exist which should be 154
remedied, [he] the commissioner shall give the municipality further 155
notice and an opportunity to implement remedial steps within ninety 156
days of the receipt of such notice. If after expiration of the ninety-day 157
remedial period, the commissioner determines that the municipal 158
recycling program remains deficient in meeting statutory requirements 159
[he] the commissioner may hold a hearing and issue an order. No such 160
order which imposes a duty on the municipality to appropriate funds 161
for the budget of such municipality so as to comply with the order 162
shall be effective earlier than the first fiscal year beginning after five 163
months following the date of issuance of such order. 164
Sec. 3. Subsection (j) of section 22a-220a of the general statutes is 165
repealed and the following is substituted in lieu thereof (Effective from 166
passage): 167
(j) If a collector hauls solid waste generated in this state, including 168
recyclables as listed in subsection (c) of section 22a-208e [from an 169
entity located in the state other than a facility that has obtained a 170
permit or authorization pursuant to this chapter and delivers such 171
solid waste or recyclables to a destination that is an entity other than a 172
facility that has obtained a permit or authorization pursuant to this 173
chapter,] then on or before [July 31, 2011] October 1, 2019, and 174
annually thereafter, such collector shall submit a report regarding such 175
solid waste, including recyclables, to the Commissioner of Energy and 176
Environmental Protection. Such report shall be on a form prescribed 177
by the commissioner and shall provide such information regarding 178
such solid waste as the commissioner deems necessary, including, but 179
not limited to: (1) The types of solid waste, including recyclables, 180 Raised Bill No. 7295
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collected, (2) for municipal solid waste, the municipality of origin of 181
such municipal solid waste including recyclables, (3) the amount by 182
weight, volume or other method acceptable to the commissioner of 183
such solid waste, including recyclables, [delivered to such destination,] 184
and (4) the name, address and contact information of the entity 185
receiving such solid waste or recyclables. 186
Sec. 4. (NEW) (Effective from passage) The Department of Energy and 187
Environmental Protection shall, within available resources, provide 188
technical assistance to municipalities for organics management, waste 189
reduction and improvements to recycling systems. 190
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage 22a-220(f) to (j)
Sec. 3 from passage 22a-220a(j)
Sec. 4 from passage New section
Statement of Purpose:
To require the establishment of a producer-financed recycling program
for packaging and paper in the state and to require certain solid waste
reduction goals of municipalities.
[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.]