Connecticut 2019 Regular Session

Connecticut House Bill HB07298 Compare Versions

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07298-R01-
4		-	HB.docx
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	3	+	LCO No. 4926 1 of 8
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7		-	General Assembly ~~Substitute~~ Bill No. 7298
	5	+	General Assembly Raised Bill No. 7298
8	6		January Session, 2019
	7	+	LCO No. 4926
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	9	+
	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
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12		-	AN ACT CONCERNING TH E MARKET FOR RECYCLE D
13		-	COMMODITIES IN THE STATE AND NORTHEST REGION.
	18	+
	19	+	AN ACT CONCERNING TH E PERMITTING FOR CERTAIN SOLID
	20	+	WASTE FACILITIES AND THE DESIGNATION OF RECYCLABLE
	21	+	ITEMS.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17		-	Section 1. (Effective from passage) The Commissioner of Energy and 1
18		-	Environmental Protection, in consultation with the Commissioner of 2
19		-	Economic and Community Development, the Connecticut Conference 3
20		-	of Municipalities and the Council of Small Towns, shall review and 4
21		-	assess the market for recycled commodities in the state and the 5
22		-	northeast region that are generated by consumers in this state. Not 6
23		-	later than January 1, 2020, the Commissioner of Energy and 7
24		-	Environmental Protection shall submit a report, in accordance with the 8
25		-	provisions of section 11-4a of the general statutes, to the joint standing 9
26		-	committee of the General Assembly having cognizance of matters 10
27		-	relating to the environment on any recommendations for increasing 11
28		-	the value of such commodities, decreasing the costs of recycling for 12
29		-	municipalities and amending the state's designated recyclable items or 13
30		-	the state's system for recycling such items. 14
	25	+	Section 1. Section 22a-6ee of the general statutes is repealed and the 1
	26	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	27	+	Notwithstanding any provision of the general statutes, whether 3
	28	+	received before, on or after May 29, 2018, the Department of Energy 4
	29	+	and Environmental Protection shall [make best efforts to review and] 5
	30	+	make a final determination on each of the following types of permit 6
	31	+	applications not later than ninety days after receipt of such application 7
	32	+	provided such application is complete and conforms with applicable 8
	33	+	provisions of the general statutes and any regulation adopted pursuant 9
	34	+	to such provisions: (1) Air permits for the temporary use of radiation 10
	35	+	DTX or the temporary use of radiation RMI issued pursuant to section 11
	36	+	22a-150, (2) aquifer protection registration issued pursuant to section 12
	37	+	22a-354i-7 of the regulations of Connecticut state agencies, (3) 13
	38	+	certificate of permission issued pursuant to section 22a-363b, (4) 14 Raised Bill No. 7298
	39	+
	40	+
	41	+
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	43	+
	44	+	disposal of special waste issued pursuant to section 22a-209 and any 15
	45	+	regulation adopted pursuant to said section, (5) collecting waste oil or 16
	46	+	petroleum or chemical liquids or hazardous waste issued pursuant to 17
	47	+	section 22a-454, (6) E-waste: Manufacturer issued pursuant to section 18
	48	+	22a-630, (7) emergency discharge authorization issued pursuant to 19
	49	+	subsection (a) of section 22a-6k, (8) online sportsmen licensing system, 20
	50	+	(9) state park passes and bus permits issued pursuant to section 23-26, 21
	51	+	(10) state parks and forests special use licenses issued pursuant to 22
	52	+	section 23-11, (11) leases of camping sites issued pursuant to sections 23
	53	+	23-16 and 23-16a, (12) boating permits issued pursuant to section 15-24
	54	+	140b, (13) safe boating certifications issued pursuant to section 15-140e, 25
	55	+	(14) marine event permits issued pursuant to section 15-121-A6 of the 26
	56	+	regulations of Connecticut state agencies, (15) marine dealer 27
	57	+	certificates issued pursuant to section 15-121-B5 of the regulations of 28
	58	+	Connecticut state agencies, (16) navigation marker permit issued 29
	59	+	pursuant to section 15-121-A5 of the regulations of Connecticut state 30
	60	+	agencies, (17) regulatory marker permit issued pursuant to section 15-31
	61	+	121-A5 of the regulations of Connecticut state agencies, (18) water ski 32
	62	+	slalom course or jump permit issued pursuant to section 15-134, (19) 33
	63	+	inland fishing licenses issued pursuant to section 26-112, (20) marine 34
	64	+	recreational and commercial licenses, (21) hunting and trapping issued 35
	65	+	pursuant to section 26-30, (22) nonshooting field trial issued pursuant 36
	66	+	to section 26-51-2 of the regulations of Connecticut state agencies, (23) 37
	67	+	private land shooting preserve permit issued pursuant to section 26-48, 38
	68	+	(24) regulated hunting dog training applications issued pursuant to 39
	69	+	sections 26-49, 26-51 and 26-52, (25) scientific collection permit for 40
	70	+	aquatic species, plants and wildlife, and for educational mineral 41
	71	+	collection issued pursuant to section 26-60, (26) commercial fishing 42
	72	+	licenses and permits issued pursuant to section 26-142a, (27) nuisance 43
	73	+	wildlife control operator issued pursuant to subsection (b) of section 44
	74	+	26-47, (28) taxidermist issued pursuant to section 26-58, [and] (29) 45
	75	+	wildlife rehabilitator issued pursuant to section 26-54, and (30) 46
	76	+	management of new or existing environmental projects conducted by 47
	77	+	one or more municipalities, including, but not limited to, construction 48
	78	+	and operation of a solid waste transfer station, recycling or compost 49 Raised Bill No. 7298
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	84	+	facility and modifications or additions to a publicly owned treatment 50
	85	+	works. [Unless an applicant provides the] The department [with 51
	86	+	additional time, in writing, the department] shall ensure that all 52
	87	+	deficiencies in any of the applications for a permit described in this 53
	88	+	section are identified and the applicant notified, in writing, of such 54
	89	+	deficiencies not later than ninety days after the department received 55
	90	+	such application. 56
	91	+	Sec. 2. Subdivision (28) of section 22a-207 of the general statutes is 57
	92	+	repealed and the following is substituted in lieu thereof (Effective 58
	93	+	October 1, 2019): 59
	94	+	(28) "Designated recyclable item" means [an item designated for 60
	95	+	recycling by the Commissioner of Energy and Environmental 61
	96	+	Protection in regulations adopted pursuant to subsection (a) of section 62
	97	+	22a-241b, or designated for recycling pursuant to section 22a-208v or 63
	98	+	22a-256] materials that are (A) reasonably and economically 64
	99	+	recoverable in such a manner that the recovery, processing, marketing 65
	100	+	and transport of such materials to end markets does not increase costs 66
	101	+	to businesses, municipalities, institutions or residents in the state, (B) 67
	102	+	demonstrated to have an existing market, and (C) designated by the 68
	103	+	Commissioner of Energy and Environmental Protection as such 69
	104	+	pursuant to regulations adopted by the commissioner pursuant to 70
	105	+	subsection (a) of section 22a-241b, as amended by this act; 71
	106	+	Sec. 3. Section 22a-208e of the general statutes is repealed and the 72
	107	+	following is substituted in lieu thereof (Effective October 1, 2019): 73
	108	+	(a) The owner or operator of each resources recovery facility and 74
	109	+	each solid waste disposal area shall submit [a report to] an electronic 75
	110	+	report to the Internet web portal established by the Commissioner of 76
	111	+	Energy and Environmental Protection quarterly with respect to the 77
	112	+	calendar quarter beginning on October 1, [1989] 2019, and each 78
	113	+	calendar quarter thereafter, on or before the last day of the month 79
	114	+	immediately following the end of each quarter. [Such report shall be 80
	115	+	on a form prescribed by the commissioner and shall provide such 81 Raised Bill No. 7298
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	121	+	information the commissioner deems necessary, including but not 82
	122	+	limited to, the amount of solid waste, by weight or other method 83
	123	+	acceptable to the commissioner, received from each municipal or other 84
	124	+	customer. Such report shall also include for each Connecticut 85
	125	+	municipality the total amount of solid waste originating therefrom. 86
	126	+	The owner or operator shall submit to each such municipality a copy 87
	127	+	of all such information pertaining to the municipality.] At the 88
	128	+	discretion of such owner or operator, a paper copy of such report may 89
	129	+	be submitted in lieu of such electronic report provided each report 90
	130	+	submitted by such owner or operator utilize a standardized form that 91
	131	+	is identical for each facility of such owner or operator. Any report 92
	132	+	submitted pursuant to this subsection shall be posted on the 93
	133	+	department's Internet web site not later than sixty days after receipt 94
	134	+	and in a manner that enables such owner or operator to verify that the 95
	135	+	department has correctly recorded the information provided by such 96
	136	+	owner or operator. In the event that the department is unable to 97
	137	+	establish an effective Internet web portal for the optional electronic 98
	138	+	submission of such reports, the reporting requirements of this 99
	139	+	subsection shall be suspended until such time as such an Internet web 100
	140	+	portal is established by the department. The Commissioner of Energy 101
	141	+	and Environmental Protection shall adopt regulations, in accordance 102
	142	+	with the provisions of chapter 54, to establish the data required to be 103
	143	+	reported pursuant to this subsection provided, [If] if precise data are 104
	144	+	not available, the owner or operator may use a method of estimating 105
	145	+	acceptable to the commissioner. 106
	146	+	(b) The commissioner may require the owner or operator of any 107
	147	+	other solid waste facility and, consistent with the requirements of 108
	148	+	subsection (c) of this section and section 22a-208f, the owner or 109
	149	+	operator of any recycling facility to report the information specified in 110
	150	+	subsection (a) in the manner set forth in said subsection. Such 111
	151	+	requirement shall be made by written notification to the owner or 112
	152	+	operator of the facility. 113
	153	+	(c) The owner or operator of any recycling facility which receives for 114
	154	+	processing or sale the following items generated from within the 115 Raised Bill No. 7298
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	158	+	LCO No. 4926 5 of 8
	159	+
	160	+	boundaries of a Connecticut municipality: (1) Cardboard, (2) [glass,] 116
	161	+	food and beverage containers, (3) leaves, (4) metal food and beverage 117
	162	+	containers, (5) newspapers, (6) storage batteries, (7) waste oil, (8) 118
	163	+	plastic food and beverage containers, and (9) office paper, shall report 119
	164	+	[for each such item the information specified in subsection (a) of this 120
	165	+	section in the manner set forth in said subsection. If a municipality or 121
	166	+	collector of recyclable items delivers any of the items listed in this 122
	167	+	subsection to a recycling facility which is not located in this state, such 123
	168	+	municipality or collector shall notify the commissioner of the name 124
	169	+	and address of the owner or operator of such facility and shall ensure, 125
	170	+	by contract, that such facility has notice of and complies with the 126
	171	+	reporting requirements of this section] the data required by regulations 127
	172	+	adopted pursuant to subsection (a) of this section. As used in this 128
	173	+	section, "office paper" means used or discarded white or manila paper 129
	174	+	including, but not limited to, paper utilized for file folders, tab cards, 130
	175	+	writing, typing, printing, computer printing and photocopying, which 131
	176	+	paper is suitable for recycling, but does not mean office paper 132
	177	+	generated by households. 133
	178	+	Sec. 4. Subsection (a) of Section 22a-241a of the general statutes is 134
	179	+	repealed and the following is substituted in lieu thereof (Effective 135
	180	+	October 1, 2019): 136
	181	+	(a) (1) On or before July 1, 2016, the Commissioner of Energy and 137
	182	+	Environmental Protection shall revise the state-wide solid waste 138
	183	+	management plan adopted pursuant to section 22a-228 to include a 139
	184	+	strategy for diverting, through source reduction, reuse and recycling, 140
	185	+	[not less than] approximately sixty per cent of the solid waste 141
	186	+	generated in the state after January 1, 2024. Such strategy [shall] may 142
	187	+	include [, but not be limited to,] modernization of solid waste 143
	188	+	management infrastructure throughout the state through the efforts of 144
	189	+	private, public and quasi-public entities, promotion of organic 145
	190	+	materials management, the recycling of construction and demolition 146
	191	+	debris, the development of intermediate processing centers [, 147
	192	+	recommendations for the development of municipal or regional 148
	193	+	recycling programs, options for local compliance of municipalities 149 Raised Bill No. 7298
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	196	+
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	198	+
	199	+	with recycling requirements] and the composting of solid waste. The 150
	200	+	commissioner shall consult with municipalities in developing any 151
	201	+	revision to the state-wide solid waste management plan and with the 152
	202	+	Connecticut Agricultural Experiment Station on issues related to 153
	203	+	composting. 154
	204	+	(2) Notwithstanding the provisions of subdivision (1) of this 155
	205	+	subsection, the commissioner shall temporarily suspend activities and 156
	206	+	expenditures of the department's staff and consultants not employed 157
	207	+	by the state who are engaged in conducting studies, outreach and 158
	208	+	research related to the recycling strategies of the state-wide solid waste 159
	209	+	management plan until the commissioner examines the costs of such 160
	210	+	studies, outreach and research and the staff resources of the 161
	211	+	department to undertake initiatives pursuant to this section. The 162
	212	+	commissioner shall report the results of such examination, in 163
	213	+	accordance with section 11-4a, to the joint standing committee of the 164
	214	+	General Assembly having cognizance of matters relating to the 165
	215	+	environment not later than October 1, 2019. During any such 166
	216	+	suspension, the commissioner shall direct such staff to improving the 167
	217	+	amount of time required by the department to issue permits pursuant 168
	218	+	to this chapter. 169
	219	+	Sec. 5. Section 22a-241b of the general statutes is repealed and the 170
	220	+	following is substituted in lieu thereof (Effective October 1, 2019): 171
	221	+	(a) (1) On or before February 1, 1988, the Commissioner of Energy 172
	222	+	and Environmental Protection shall adopt regulations in accordance 173
	223	+	with the provisions of chapter 54 designating items that are required to 174
	224	+	be recycled. The commissioner may designate other items as suitable 175
	225	+	for recycling and amend such regulations accordingly. 176
	226	+	(2) On or before October 1, 2011, the Commissioner of Energy and 177
	227	+	Environmental Protection shall amend the regulations adopted 178
	228	+	pursuant to subdivision (1) of this subsection to expand the list of 179
	229	+	designated recyclable items to add (A) containers of three gallons or 180
	230	+	less made of polyethylene terephthalate plastic and high-density 181 Raised Bill No. 7298
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	236	+	polyethylene plastic, and (B) additional types of paper, including, but 182
	237	+	not limited to, [boxboard, magazines,] residential high-grade white 183
	238	+	paper. [and colored ledger.] 184
	239	+	(b) Any designated recyclable item shall be recycled by a 185
	240	+	municipality within six months of the availability of service to such 186
	241	+	municipality by a regional processing center or local processing 187
	242	+	system. 188
	243	+	(c) Each person who generates solid waste from residential property 189
	244	+	shall, in accordance with subsection (f) of section 22a-220, separate 190
	245	+	from other solid waste the items designated for recycling pursuant to 191
	246	+	subdivision (1) of subsection (a) of this section. 192
	247	+	(d) Every person who generates solid waste from a property other 193
	248	+	than a residential property shall, in accordance with subsection (f) of 194
	249	+	section 22a-220, make provision for and cause the separation from 195
	250	+	other solid waste of the items designated for recycling pursuant to 196
	251	+	subdivision (1) of subsection (a) of this section through the use of one 197
	252	+	or more collection containers for designated recyclable items that are 198
	253	+	separate from the collection containers for other solid waste. Collection 199
	254	+	containers that have been used for the collection of solid waste may be 200
	255	+	converted to containers for the collection of designated recyclable 201
	256	+	items by labeling or other means to identify that such container is 202
	257	+	dedicated to collecting designated recyclable items. On and after July 203
	258	+	1, 2012, the provisions of this subsection shall also apply to items 204
	259	+	designated for recycling pursuant to subdivision (2) of subsection (a) 205
	260	+	of this section. 206
	261	+	(e) No person shall knowingly combine previously segregated 207
	262	+	designated recyclable items with other solid waste. 208
	263	+	(f) For the purposes of this section, ["boxboard" means a lightweight 209
	264	+	paperboard made from a variety of recovered fibers having sufficient 210
	265	+	folding properties and thickness to be used to manufacture folding or 211
	266	+	set-up boxes.] "designated recyclable item" has the same meaning as 212
	267	+	provided in section 22a-207, as amended by this act. 213 Raised Bill No. 7298
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31	273		This act shall take effect as follows and shall amend the following
32	274		sections:
33	275
34		-	Section 1 from passage New section
	276	+	Section 1 October 1, 2019 22a-6ee
	277	+	Sec. 2 October 1, 2019 22a-207(28)
	278	+	Sec. 3 October 1, 2019 22a-208e
	279	+	Sec. 4 October 1, 2019 22a-241a(a)
	280	+	Sec. 5 October 1, 2019 22a-241b
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36		-	ENV Joint Favorable Subst.
	282	+	Statement of Purpose:
	283	+	To (1) require final determinations on certain permits of the
	284	+	Department of Energy and Environmental Protection within ninety
	285	+	days of the submission of such permit applications, including certain
	286	+	solid waste management facilities and publicly owned treatment
	287	+	works, (2) redesignate recyclable items, (3) reallocate department staff
	288	+	resources concerning solid waste management, and (4) revise certain
	289	+	reporting requirements of resources recovery facilities.
	290	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	291	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	292	+	not underlined.]
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