LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295-R01-
HB.docx
1 of 5
General Assembly Substitute Bill No. 7295
January Session, 2019
AN ACT CONCERNING RE CYCLING PLANS FOR PA PER AND
PACKAGING AND ESTABL ISHING CERTAIN MUNICIPAL SO LID
WASTE MANAGEMENT GOA LS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For purposes of this 1
section: 2
(1) "Packaging" means any material, substance or object that is used 3
to protect, contain or transport any commercial commodity or product 4
regardless of the recyclability or availability of a market for such 5
recycled material, substance or object; 6
(2) "Paper" means any kind of paper that contains print, except 7
paper that, by virtue of its intended use, could become unsafe or 8
unsanitary to recycle; 9
(3) "Producer" means any person who: (A) Manufactures packaging 10
or paper for use in a commercial enterprise and who sells, offers for 11
sale or distributes packaging or paper in the state under the 12
manufacturer's own brand, (B) is not a manufacturer of packaging or 13
paper but who is the owner or licensee of a trademark under which 14
such packaging or paper is used in a commercial enterprise, sold, 15
offered for sale or distributed in the state, regardless of whether the 16
trademark is registered, or (C) imports packaging or paper into the 17 Substitute Bill No. 7295
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295-
R01-HB.docx }
2 of 5
state for use in a commercial enterprise or for sale, offer for sale or 18
distribution in the state; and 19
(4) "Small producer" means any producer who: (A) Is a charitable, 20
tax-exempt organization, (B) had a gross revenue for the most recent 21
calendar year of less than one million dollars in the state, (C) produced 22
in the most recent calendar year less than one ton of packaging or 23
paper that was or will be used in a commercial enterprise or that was 24
or will be sold, offered for sale or distributed in the state. 25
(b) (1) On or before December 31, 2020, each producer, except a 26
small producer, or such producer's designee, shall, working in 27
consultation with the Department of Energy and Environmental 28
Protection, submit to the joint standing committee of the General 29
Assembly having cognizance of matters relating to the environment 30
and to the department a plan to increase the recycling of such 31
producer's products, decrease the disposal of such products and 32
decrease the costs to municipalities for the end-of-life management of 33
such products. Such plan shall be designed to avoid any negative 34
economic impacts to the state's waste haulers and recycling businesses 35
and shall provide details on the financing of any proposed programs 36
for end-of-life management for packaging and paper. 37
(2) Any plan submitted pursuant to this section shall identify each 38
producer participating in the program, the manner in which 39
participating producers will evaluate the effectiveness, implementation 40
and enforcement of the plan, a description of all financial aspects of 41
any proposed program, including how the program will be financed, a 42
description of the performance goals of any proposed program and 43
how such goals will be met in the first two years of such program, the 44
proposed recycling and processing facilities to be used by the program 45
and how the plan will advance the goals of the state's solid waste 46
management plan adopted in accordance with section 22a-228 of the 47
general statutes. 48
(c) On or before July 31, 2020, the Commissioner of Energy and 49 Substitute Bill No. 7295
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295-
R01-HB.docx }
3 of 5
Environmental Protection shall submit an interim report, in accordance 50
with section 11-4a of the general statutes, to the joint standing 51
committee of the General Assembly having cognizance of matters 52
related to the environment concerning the progress of planning efforts 53
undertaken by the producers pursuant to subsection (b) of this section. 54
(d) On or before January 1, 2021, the commissioner, in accordance 55
with section 11-4a of the general statutes, shall submit 56
recommendations to the joint standing committee of the General 57
Assembly having cognizance of matters related to the environment 58
concerning methods such producers should undertake to increase the 59
recycling of such producers' products, decrease the disposal of such 60
products and decrease the costs to municipalities for the end-of-life 61
management of such products. Said committee shall conduct a public 62
hearing on such recommendations not later than sixty-five days after 63
the submission of such recommendations to the committee. 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. Subsection (f) of section 22a-220 of the general statutes is 70
repealed and the following is substituted in lieu thereof (Effective from 71
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
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 Substitute Bill No. 7295
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295-
R01-HB.docx }
4 of 5
wide solid waste management plan established in 1991, or by recycling 82
such additional percentage of waste generated, or both. For planning 83
purposes, it shall be the goal of each municipality to dispose annually 84
of not more than seven hundred pounds per capita from residential 85
sources of municipal solid waste by January 1, 2022, and not more than 86
five hundred pounds per capita from such sources by January 1, 2024. 87
The failure to meet such per capita goals shall not provide a basis for 88
the commissioner to issue an order pursuant to this chapter. The 89
provisions of this subsection shall not be construed to require 90
municipalities to enforce reduction in the quantity of solid waste. On 91
or before January 1, 1991, each municipality shall: (1) Adopt an 92
ordinance or other enforceable legal instrument setting forth measures 93
to assure the compliance of persons within its boundaries with the 94
requirements of subsection (c) of section 22a-241b and to assure 95
compliance of collectors with the requirements of subsection (a) of 96
section 22a-220c, and (2) provide the Commissioner of Energy and 97
Environmental Protection with the name, address and telephone 98
number of a person to receive information and respond to questions 99
regarding recycling from the department on behalf of the municipality. 100
The municipality shall notify the commissioner within thirty days of 101
its designation of a new representative to undertake such 102
responsibilities. A municipality may by ordinance or other enforceable 103
legal instrument provide for and require the separation and recycling 104
of other items in addition to those designated pursuant to subsection 105
(a) of section 22a-241b. 106
Sec. 3. Subsection (j) of section 22a-220a of the general statutes is 107
repealed and the following is substituted in lieu thereof (Effective from 108
passage): 109
(j) If a collector hauls solid waste generated in this state, including 110
recyclables as listed in subsection (c) of section 22a-208e, [from an 111
entity located in the state other than a facility that has obtained a 112
permit or authorization pursuant to this chapter and delivers such 113
solid waste or recyclables to a destination that is an entity other than a 114 Substitute Bill No. 7295
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295-
R01-HB.docx }
5 of 5
facility that has obtained a permit or authorization pursuant to this 115
chapter,] then on or before [July 31, 2011] October 1, 2019, and 116
annually thereafter, such collector shall submit a report regarding such 117
solid waste, including recyclables, to the Commissioner of Energy and 118
Environmental Protection. Such report shall be on a form prescribed 119
by the commissioner and shall provide such information regarding 120
such solid waste as the commissioner deems necessary, including, but 121
not limited to: (1) The types of solid waste, including recyclables, 122
collected, (2) for municipal solid waste, the municipality of origin of 123
such municipal solid waste including recyclables, (3) the amount by 124
weight, volume or other method acceptable to the commissioner of 125
such solid waste, including recyclables, [delivered to such destination,] 126
and (4) the name, address and contact information of the entity 127
receiving such solid waste or recyclables. 128
Sec. 4. (NEW) (Effective from passage) The Department of Energy and 129
Environmental Protection shall, within available resources, provide 130
technical assistance to municipalities for organics management, waste 131
reduction and improvements to recycling systems. 132
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)
Sec. 3 from passage 22a-220a(j)
Sec. 4 from passage New section
ENV Joint Favorable Subst.