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.