Connecticut 2021 Regular Session

Connecticut House Bill HB06502 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 6502
8	6		January Session, 2021
9	7		LCO No. 3323
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11	9
12	10		Referred to Committee on ENVIRONMENT
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14	12
15	13		Introduced by:
16	14		(ENV)
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20	19		AN ACT CONCERNING TH E USE OF CERTAIN POLYSTYRENE
21	20		PRODUCTS, THE AVAILA BILITY OF SINGLE-USE STRAWS, THE
22	21		RELEASE OF CERTAIN B ALLOONS AND THE COMP OSTABLE
23	22		NATURE OF SINGLE-USE PRODUCE BAGS.
24	23		Be it enacted by the Senate and House of Representatives in General
25	24		Assembly convened:
26	25
27	26		Section 1. (NEW) (Effective from passage) Not later than July 1, 2022, 1
28	27		each school district, regional school district, regional vocational 2
29	28		technical school and constituent unit of higher education shall develop 3
30	29		a plan for discontinuing the use in such district, school or constituent 4
31	30		unit, as applicable, of trays made from expanded polystyrene. Such plan 5
32	31		shall require the district, school or constituent unit, as applicable, to 6
33	32		discontinue such use not later than July 1, 2023, and to prepare for the 7
34	33		termination or amendment of any contract for the purchase of such trays 8
35	34		not later than July 1, 2022. Nothing in this section shall be construed to 9
36	35		require the development of such plan in any school district, regional 10
37	36		school district, regional vocational technical school or constituent unit 11
38	37		of higher education that discontinues the use of such trays in such 12
39	38		school district, school or constituent unit prior to July 1, 2022. For 13
40	39		purposes of this section, "expanded polystyrene" means blown 14 Raised Bill No. 6502
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47	45		polystyrene and expanded and extruded foams that are thermoplastic 15
48	46		petrochemical materials utilizing a styrene monomer and processed by 16
49	47		any number of techniques, including, but not limited to, fusion of 17
50	48		polymer spheres, injection molding, foam molding and extrusion-blown 18
51	49		molding. 19
52	50		Sec. 2. (NEW) (Effective July 1, 2023) (a) For purposes of this section: 20
53	51		(1) "Consumer" means any business invitee of a restaurant or caterer; 21
54	52		(2) "Expanded polystyrene" means blown polystyrene and expanded 22
55	53		and extruded foams that are thermoplastic petrochemical materials 23
56	54		utilizing a styrene monomer and processed by any number of 24
57	55		techniques, including, but not limited to, fusion of polymer spheres, 25
58	56		injection molding, foam molding and extrusion-blown molding; 26
59	57		(3) "Single-use container" means any container made of expanded 27
60	58		polystyrene intended for the containment of food or beverage provided 28
61	59		by a restaurant or caterer to a consumer and customarily disposed of by 29
62	60		the consumer after such use; 30
63	61		(4) "Restaurant" has the same meaning as provided in subsection (b) 31
64	62		of section 19a-342 of the general statutes; and 32
65	63		(5) "Caterer" has the same meaning as "catering food service 33
66	64		establishment", as provided in section 19a-36g of the general statutes. 34
67	65		(b) (1) No owner or operator of a restaurant or catering business shall 35
68	66		provide or distribute a single-use container to a consumer. 36
69	67		(2) Any owner or operator who violates the provisions of this section 37
70	68		for a first violation shall be issued a warning. Any owner or operator 38
71	69		who violates the provisions of this section shall be fined two hundred 39
72	70		dollars for a second violation, five hundred dollars for a third violation 40
73	71		and one thousand dollars for a fourth or any subsequent violation. No 41
74		-	such owner or operator may be issued more than one violation per day. 42 Raised Bill No. 6502
	72	+	such owner or operator may be issued more than one violation per day. 42
	73	+	(c) The provisions of this section shall not be construed to prohibit the 43 Raised Bill No. 6502
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81		-	(c) The provisions of this section shall not be construed to prohibit the 43
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82	79		provision or distribution of a single-use container that is: (1) Filled and 44
83	80		sealed prior to receipt by a restaurant or caterer and that is subsequently 45
84	81		sold to a consumer, or (2) utilized by a butcher or store to contain raw 46
85	82		meat, including, but not limited to, beef, poultry, seafood or pork that is 47
86	83		sold to a consumer. 48
87	84		(d) Any local health department or health district or agent of the 49
88	85		Departments of Public Health, Consumer Protection and Energy and 50
89	86		Environmental Protection may enforce the provisions of this section. In 51
90	87		the event of enforcement by a local health department or health district, 52
91	88		one-half of any fine imposed pursuant to this section shall be remitted 53
92	89		to the municipality where such violation occurred. 54
93	90		(e) Not later than February 1, 2024, the Commissioners of Public 55
94	91		Health, Consumer Protection and Energy and Environmental Protection 56
95	92		shall jointly submit a report, in accordance with the provisions of section 57
96	93		11-4a of the general statutes, to the joint standing committees of the 58
97	94		General Assembly having cognizance of matters relating to the 59
98	95		environment, public health and consumer protection on the 60
99	96		enforcement of the provisions of this section and the need to establish a 61
100	97		hardship waiver from the provisions of this section for any restaurant 62
101	98		or caterer with a demonstrated financial hardship directly caused by the 63
102	99		provisions of this section. 64
103	100		(f) Nothing in this section shall be construed to prohibit the 65
104	101		manufacture of single-use containers in this state or the sale of such 66
105	102		single-use containers by a person other than a restaurant or caterer. 67
106	103		Sec. 3. (NEW) (Effective January 1, 2022) (a) For purposes of this 68
107	104		section: 69
108	105		(1) "Consumer" means any person who is a business invitee of a full-70
109	106		service restaurant; 71
110	107		(2) "Single-use plastic straw" means a single-use, disposable tube 72
111		-	made predominantly of plastic derived from either petroleum or a 73 Raised Bill No. 6502
	108	+	made predominantly of plastic derived from either petroleum or a 73
	109	+	biologically based polymer, such as corn or other plant sources, used to 74 Raised Bill No. 6502
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118		-	biologically based polymer, such as corn or other plant sources, used to 74
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119	115		transfer a beverage from a container to the mouth of the person drinking 75
120	116		the beverage. "Single-use plastic straw" does not include a straw made 76
121	117		from nonplastic materials, including, but not limited to, paper, pasta, 77
122	118		sugar cane, wood, metal or bamboo. 78
123	119		(3) "Full-service restaurant" means any establishment with the 79
124	120		primary business purpose of serving food, where food may be 80
125	121		consumed on the premises, and where all of the following actions are 81
126	122		taken by an employee of the establishment: 82
127	123		(A) The consumer is escorted or assigned to an assigned eating area. 83
128	124		The employee may choose the assigned eating area or may seat the 84
129	125		consumer according to the consumer's need for accommodation or other 85
130	126		request; 86
131	127		(B) The consumer's food and beverage orders are taken after the 87
132	128		consumer is seated at the assigned seating area; 88
133	129		(C) The food and beverage orders are delivered directly to the 89
134	130		consumer; 90
135	131		(D) Any requested items associated with the consumer's food or 91
136	132		beverage order are brought to the consumer; and 92
137	133		(E) The check for payment of such food or beverage order is delivered 93
138	134		directly to the consumer at the assigned eating area. 94
139	135		(b) No owner or operator of a full-service restaurant shall provide a 95
140	136		single-use plastic straw to a consumer unless requested by the 96
141	137		consumer, except such owner or operator may provide a single-use 97
142	138		plastic straw to any person with a disability. Nothing in this section shall 98
143	139		be construed to require any such owner or operator who does not 99
144	140		otherwise provide single-use plastic straws to consumers to provide 100
145	141		consumers with such straws. 101
146		-	(c) The provisions of this section may be enforced by any municipal 102 Raised Bill No. 6502
	142	+	(c) The provisions of this section may be enforced by any municipal 102
	143	+	health department or district department of health that has jurisdiction 103
	144	+	over the subject full-service restaurant. The owner or operator of a full-104 Raised Bill No. 6502
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153		-	~~health department or district department~~ of ~~health that has jurisdiction 103~~
154		-	~~over the subject full-service restaurant. The owner or operator of a full-104~~
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155	150		service restaurant that violates the provisions of this section shall be 105
156	151		issued a warning for the first and second violations of the provisions of 106
157	152		this section. Any such owner or operator who violates the provisions of 107
158	153		this section on a third or subsequent occasion shall be fined twenty-five 108
159	154		dollars for each day such full-service restaurant is in violation provided 109
160	155		such fines shall not exceed three hundred dollars in any year. 110
161	156		(d) Nothing in this section shall be construed to prevent any 111
162	157		municipality from adopting and implementing an ordinance or rule that 112
163	158		would further restrict an owner or operator of a full-service restaurant 113
164	159		from providing a single-use plastic straw to a consumer, provided no 114
165	160		such ordinance or rule shall prohibit any such owner or operator from 115
166	161		providing a single-use plastic straw to a person with a disability. 116
167	162		Sec. 4. Section 26-25c of the general statutes is repealed and the 117
168	163		following is substituted in lieu thereof (Effective October 1, 2021): 118
169	164		(a) No person, nonprofit organization, firm or corporation, including 119
170	165		the state and its political subdivisions, shall knowingly release, organize 120
171	166		the release of or intentionally cause to be released into the atmosphere 121
172	167		[within a twenty-four-hour period ten or more] helium or other lighter-122
173	168		than-air gas balloons in the state. 123
174	169		(b) Any violation of subsection (a) of this section shall be an 124
175	170		infraction. 125
176	171		Sec. 5. (NEW) (Effective from passage) (a) On or before September 1, 126
177	172		2021, the Commissioner of Energy and Environmental Protection shall 127
178	173		accept an application on behalf of a manufacturer of a single-use 128
179	174		produce bag for the performance of a study, at the request of said 129
180	175		commissioner, by the Connecticut Academy of Science and Engineering 130
181	176		to determine if a compostable single-use produce bag is available for use 131
182	177		that does not adversely impact the environment, including the land, air 132
183		-	and waters of the state. Any such application shall require the 133 Raised Bill No. 6502
	178	+	and waters of the state. Any such application shall require the 133
	179	+	manufacturer of such single-use produce bag to disclose the chemical 134
	180	+	constituents or composition of such bag. Upon receipt of any such 135
	181	+	application, in a format as prescribed by the commissioner, the 136 Raised Bill No. 6502
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190		-	manufacturer of such single-use produce bag to disclose the chemical 134
191		-	constituents or composition of such bag. Upon receipt of any such 135
192		-	application, in a format as prescribed by the commissioner, the 136
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193	187		commissioner shall request the Connecticut Academy of Science and 137
194	188		Engineering to perform such study. Said academy may establish a fee 138
195	189		for the performance of such study and such fee shall be remitted by the 139
196	190		applicant to the Department of Energy and Environmental Protection. 140
197	191		Upon receipt of such request and such fee from the commissioner, said 141
198	192		academy shall commence such study. Such study shall, at a minimum, 142
199	193		consist of: (1) A study committee appointed by said academy to oversee 143
200	194		such study, (2) the use of an academy-selected research team with 144
201	195		expertise in matters relating to compostable single-use produce bags to 145
202	196		conduct relevant research for such study, including, but not limited to, 146
203	197		the percentage of decomposition and the length of time for such 147
204	198		decomposition, and to author a study report, and (3) study committee 148
205	199		meetings that afford the opportunity for such applicant, department 149
206	200		and interested persons to obtain information concerning the study's 150
207	201		process. The academy shall complete any such study and issue a final 151
208	202		study report for such study to the commissioner not later than January 152
209	203		15, 2022. Upon receipt of such final study report, the commissioner shall 153
210	204		review such final study report and, not later than February 1, 2022, 154
211	205		forward such final study report and any recommendations of said 155
212	206		academy for legislation concerning the use of compostable single-use 156
213	207		produce bags to the joint standing committee of the General Assembly 157
214	208		having cognizance of matters relating to the environment. For the 158
215	209		purposes of this section, "single-use produce bag" means a bag provided 159
216	210		by a store, as defined in section 22a-246a of the general statutes, to 160
217	211		contain meat, seafood, loose produce or other unwrapped food items. 161
218	212		(b) Any information or materials submitted by an applicant to the 162
219	213		Department of Energy and Environmental Protection or the Connecticut 163
220	214		Academy of Science and Engineering in connection with the 164
221	215		performance of the study described in subsection (a) of this section shall 165
222	216		not be subject to disclosure pursuant to chapter 14 of the general statutes 166
223		-	provided such applicant indicates to the department or academy, at the 167 Raised Bill No. 6502
	217	+	provided such applicant indicates to the department or academy, at the 167
	218	+	time of submission, information or materials that such applicant deems 168
	219	+	a trade secret or privileged in any manner. 169 Raised Bill No. 6502
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230		-	~~time~~ of ~~submission, information or materials that such applicant deems 168~~
231		-	~~a trade secret or privileged in any manner. 169~~
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232	225		This act shall take effect as follows and shall amend the following
233	226		sections:
234	227
235	228		Section 1 from passage New section
236	229		Sec. 2 July 1, 2023 New section
237	230		Sec. 3 January 1, 2022 New section
238	231		Sec. 4 October 1, 2021 26-25c
239	232		Sec. 5 from passage New section
240	233
241		-	ENV Joint Favorable
	234	+	Statement of Purpose:
	235	+	To phase out the use of certain polystyrene trays and food containers,
	236	+	prohibit the automatic distribution of single-use plastic straws at certain
	237	+	eating establishments, prohibit the intentional release of certain helium
	238	+	balloons and examine the compostable nature of certain single-use
	239	+	produce bags. .
	240	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	241	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	242	+	underlined.]
242	243