Connecticut 2020 Regular Session

Connecticut Senate Bill SB00099 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 99
66 February Session, 2020
77 LCO No. 785
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1010 Referred to Committee on ENVIRONMENT
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1313 Introduced by:
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1919 AN ACT CONCERNING TH E USE AND DISTRIBUTION OF
2020 POLYSTYRENE PRODUCTS .
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. (NEW) (Effective from passage) Not later than July 1, 2021, 1
2525 each school district, regional school district, regional vocational 2
2626 technical school and constituent unit of higher education shall develop 3
2727 a plan for discontinuing the use in such district, school or constituent 4
2828 unit, as applicable, of trays made from expanded polystyrene. Such plan 5
2929 shall require the district, school or constituent unit, as applicable, to 6
3030 discontinue such use not later than July 1, 2022, and to prepare for the 7
3131 termination or amendment of any contract for the purchase of such trays 8
3232 not later than July 1, 2021. Nothing in this section shall be construed to 9
3333 require the development of such plan in any school district, regional 10
3434 school district, regional vocational technical school or constituent unit 11
3535 of higher education that discontinues the use of such trays in such 12
3636 school district, school or constituent unit prior to July 1, 2021. For 13
3737 purposes of this section, "expanded polystyrene" means blown 14
3838 polystyrene and expanded and extruded foams that are thermoplastic 15
3939 petrochemical materials utilizing a styrene monomer and processed by 16
4040 Raised Bill No. 99
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4646 any number of techniques including, but not limited to, fusion of 17
4747 polymer spheres, injection molding, foam molding and extrusion-blown 18
4848 molding. 19
4949 Sec. 2. (NEW) (Effective July 1, 2022) (a) For purposes of this section: 20
5050 (1) "Consumer" means any business invitee of a restaurant or caterer; 21
5151 (2) "Expanded polystyrene" means blown polystyrene and expanded 22
5252 and extruded foams that are thermoplastic petrochemical materials 23
5353 utilizing a styrene monomer and processed by any number of 24
5454 techniques including, but not limited to, fusion of polymer spheres, 25
5555 injection molding, foam molding and extrusion-blown molding; 26
5656 (3) "Single-use container" means any container made of expanded 27
5757 polystyrene intended for the containment of food or beverage provided 28
5858 by a restaurant or caterer to a consumer and customarily disposed of by 29
5959 the consumer after such use; 30
6060 (4) "Restaurant" has the same meaning as provided in subsection (b) 31
6161 of section 19a-342 of the general statutes; and 32
6262 (5) "Caterer" has the same meaning as "catering food service 33
6363 establishment", as provided in section 19a-36g of the general statutes. 34
6464 (b) (1) No owner or operator of a restaurant or catering business shall 35
6565 provide or distribute a single-use container to a consumer. 36
6666 (2) Any owner or operator who violates the provisions of this section 37
6767 shall be fined two hundred fifty dollars for the first violation, five 38
6868 hundred dollars for a second violation and one thousand dollars for a 39
6969 third or any subsequent violation. 40
7070 (c) The provisions of this section shall not be construed to prohibit the 41
7171 provision or distribution of a single-use container that is: (1) Filled and 42
7272 sealed prior to receipt by a restaurant or caterer and that is subsequently 43
7373 sold to a consumer, or (2) utilized by a butcher or store to contain raw 44
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8080 meat, including, but not limited to, beef, poultry, seafood or pork that is 45
8181 sold to a consumer. 46
8282 (d) Any local health department or health district or agent of the 47
8383 Departments of Public Health, Consumer Protection and Energy and 48
8484 Environmental Protection may enforce the provisions of this section. In 49
8585 the event of enforcement by a local health department or health district, 50
8686 one-half of any fine imposed pursuant to this section shall be remitted 51
8787 to the municipality where such violation occurred. 52
8888 (e) Not later than February 1, 2023, the Commissioners of Public 53
8989 Health, Consumer Protection and Energy and Environmental Protection 54
9090 shall jointly submit a report, in accordance with the provisions of section 55
9191 11-4a of the general statutes, to the joint standing committees of the 56
9292 General Assembly having cognizance of matters relating to the 57
9393 environment, public health and consumer protection on the 58
9494 enforcement of the provisions of this section and the need to establish a 59
9595 hardship waiver from the provisions of this section for any restaurant 60
9696 or caterer with a demonstrated financial hardship directly caused by the 61
9797 provisions of this section. 62
9898 (f) Nothing in this section shall be construed to prohibit the 63
9999 manufacture of single-use containers in this state or the sale of such 64
100100 single-use containers by a person other than a restaurant or caterer. 65
101101 This act shall take effect as follows and shall amend the following
102102 sections:
103103
104104 Section 1 from passage New section
105105 Sec. 2 July 1, 2022 New section
106106
107107 Statement of Purpose:
108108 To decrease the use of certain polystyrene products in the state.
109109
110110 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
111111 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
112112 underlined.]