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General Assembly Substitute Bill No. 5139
February Session, 2022
AN ACT CONCERNING EXTENDED PRODUCER RESPONSIBILITY
FOR TIRES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2022) (a) For the purposes of this 1
section: 2
(1) "Brand" means a name, symbol, word or mark that attributes a tire 3
to the producer of such tire; 4
(2) "Commissioner" means the Commissioner of Energy and 5
Environmental Protection; 6
(3) "Covered entity" means any permitted transfer station, tire 7
retailer, car dealership, automotive garage or private or public sector 8
fleet maintenance garage; 9
(4) "Department" means the Department of Energy and 10
Environmental Protection; 11
(5) "Discarded tire" means any tire that a consumer discarded or 12
abandoned, or intends to discard or abandon; 13
(6) "Tire" means a product composed primarily of rubber that is 14
mounted on the wheels of all types of passenger and commercial on-15 Substitute Bill No. 5139
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road and off-road motorized vehicles, including passenger vehicles, 16
motorcycles, trucks, buses, mobile homes, trailers, noncommercial 17
aircraft and earthmoving, road building, mining, logging, agricultural, 18
industrial and other vehicles to provide mobility. "Tire" does not include 19
any tire from any toy, bicycle, commercial aircraft or personal mobility 20
device; 21
(7) "Tire stewardship organization" means the nonprofit organization 22
created by producers or created by any trade association that represents 23
producers who account for a majority of tire production in the United 24
States and that designs, submits and implements the tire stewardship 25
program; 26
(8) "Tire stewardship program" or "program" means the state-wide 27
program described in this section and implemented pursuant to the tire 28
stewardship plan; 29
(9) "Performance goal" means a metric proposed by the tire 30
stewardship organization to measure, on an annual basis, the 31
performance of the tire stewardship program, taking into consideration 32
technical and economic feasibilities, in achieving continuous, 33
meaningful improvement in the rate of tire recycling in the state and any 34
other specified goal of such program; 35
(10) "Producer" means any person who manufactures a tire that is 36
sold, offered for sale or distributed in this state under the producer's 37
own name or brand. "Producer" includes (A) the owner of a trademark 38
or brand under which a tire is sold, offered for sale or distributed in this 39
state, and (B) any person who imports a tire into the United States that 40
is sold or offered for sale in this state and that is manufactured by a 41
person who does not have a presence in the United States. "Producer" 42
does not include any manufacturer of tires with less than one-tenth of 43
one per cent of the nationally recognized market share; 44
(11) "Recycling" means any process in which discarded tires, 45
components and by-products may lose their original identity or form as 46 Substitute Bill No. 5139
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they are transformed into new, usable or marketable materials. 47
"Recycling" does not include the use of incineration for energy recovery; 48
(12) "Retailer" means any person who sells or offers for sale tires in 49
this state or offers tires for sale in this state to a consumer; and 50
(13) "Sale" means the transfer of title of a tire for consideration, 51
including, but not limited to, the use of a sales outlet, catalog, Internet 52
web site or similar electronic means. 53
(b) On or before July 1, 2023, each producer, or such producer's 54
designee, shall join the tire stewardship organization and such 55
organization shall submit a plan, for the Commissioner of Energy and 56
Environmental Protection's approval, to establish a state-wide tire 57
stewardship program, as described in this subsection. Retailers may 58
participate in any such tire stewardship organization. Such tire 59
stewardship program shall, to the extent it is technologically feasible 60
and economically practical: (1) Minimize public sector involvement in 61
the management of discarded tires; (2) provide for free, convenient and 62
accessible state-wide opportunities for the receipt of discarded tires 63
from any person in the state with a discarded tire that was discarded in 64
the state, including, but not limited to, participating covered entities that 65
accumulate and segregate a minimum of six cubic yards of discarded 66
tires at one time; (3) provide for free collection of discarded tires from 67
municipal transfer stations that accumulate and segregate fewer than 68
one hundred tires, provided the transfer station requires such collection 69
due to space or permit requirements; (4) provide for producer-financed 70
end-of-life management for discarded tires collected pursuant to 71
subdivisions (2) and (3) of this subsection; and (5) provide suitable 72
storage containers at, or make other mutually agreeable storage and 73
transport arrangements for, permitted municipal transfer stations for 74
segregated, discarded tires, at no cost to such municipality. 75
(c) The plan submitted pursuant to subsection (b) of this section shall: 76
(1) Identify each producer participating in the program; (2) describe 77
how the program will be financed; (3) establish performance goals for 78 Substitute Bill No. 5139
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the first two years of the program; (4) identify proposed facilities to be 79
used by the program; (5) detail how the program follows the solid waste 80
hierarchy, as defined in the state-wide solid waste management plan, 81
and will promote the recycling of discarded tires; and (6) include a 82
description of the public education program that will be used to 83
promote consumer knowledge of such program. 84
(d) Each stewardship organization shall establish and implement a 85
system for financing the tire stewardship program that covers, but does 86
not exceed, the costs of developing the plan described in subsection (c) 87
of this section, operating and administering the program described in 88
subsection (b) of this section and maintaining a financial reserve for six 89
months sufficient to operate the program. Each stewardship 90
organization shall maintain all records relating to the program for a 91
period of not less than three years. Funding of such program may be 92
through a fee structure. 93
(e) The Commissioner of Energy and Environmental Protection shall 94
approve a plan for the establishment of the tire stewardship program, 95
provided such plan meets the requirements of subsections (b) to (d), 96
inclusive, of this section. Prior to making such determination, the 97
commissioner shall post the plan on the department's Internet web site 98
and solicit public comments on the plan. Such solicitation shall not be 99
conducted pursuant to chapter 54 of the general statutes. Not later than 100
ninety days after submission of the plan pursuant to this section, the 101
commissioner shall make a determination whether to approve the plan. 102
In the event that the commissioner disapproves the plan because it does 103
not meet the requirements of subsections (b) to (d), inclusive, of this 104
section, the commissioner shall describe the reasons for the disapproval 105
in a notice of determination that the commissioner shall provide to the 106
tire stewardship organization. Such stewardship organization shall 107
revise and resubmit the plan to the commissioner not later than forty-108
five days after receipt of the commissioner's notice of disapproval. Not 109
later than forty-five days after receipt of the revised plan, the 110
commissioner shall review and approve or disapprove the revised plan, 111 Substitute Bill No. 5139
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and provide a notice of determination to the stewardship organization. 112
Such stewardship organization may resubmit a revised plan to the 113
commissioner for approval on not more than two occasions. If the tire 114
stewardship organization fails to submit a plan that is acceptable to the 115
commissioner because it does not meet the requirements of subsections 116
(b) to (d), inclusive, of this section, the commissioner shall modify a 117
submitted plan to make it conform to the requirements of subsections 118
(b) to (d), inclusive, of this section, and approve it. Not later than one 119
hundred twenty days after the approval of a plan pursuant to this 120
section, or one hundred eighty days, in the case of a plan modified by 121
the commissioner, the tire stewardship organization shall implement 122
the tire stewardship program. 123
(f) (1) The tire stewardship organization shall submit any proposed 124
substantial change to the program to the Commissioner of Energy and 125
Environmental Protection for approval. For the purposes of this 126
subdivision, "substantial change" means: (A) A change in the processing 127
facilities to be used for discarded tires collected pursuant to the 128
program, or (B) a material change to the system for collecting tires. 129
(2) Not later than July 1, 2025, the tire stewardship organization shall 130
submit updated performance goals to the commissioner that are based 131
on the experience of the program during the first two years of the 132
program. 133
(g) Each tire stewardship organization shall notify the Commissioner 134
of Energy and Environmental Protection of other material changes to 135
the program on an ongoing basis, without resubmission of the plan to 136
the commissioner for approval. Such changes shall include, but not be 137
limited to, a change in the composition, officers or contact information 138
of the tire stewardship organization. 139
(h) Not later than October fifteenth of each year, each tire stewardship 140
organization shall submit an annual report to the Commissioner of 141
Energy and Environmental Protection, on a form prescribed by the 142
commissioner. The commissioner shall post such annual report on the 143 Substitute Bill No. 5139
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department's Internet web site. Such report shall include: (1) The 144
tonnage of tires collected pursuant to the program from: (A) Municipal 145
transfer stations, (B) retailers, and (C) all other covered entities; (2) the 146
tonnage of tires diverted for recycling; (3) a summary of the public 147
education program that supports the program; (4) an evaluation of the 148
effectiveness of methods and processes used to achieve performance 149
goals of the program; and (5) recommendations for any changes to the 150
program. 151
(i) Two years after the implementation of the program and every 152
three years thereafter, or upon the request of the Commissioner of 153
Energy and Environmental Protection but not more frequently than 154
once a year, each tire stewardship organization shall cause an audit of 155
the program to be conducted by an auditor selected by the 156
commissioner. Such audit shall review the accuracy of the tire 157
stewardship organization's data concerning the program and provide 158
any other information requested by the commissioner, consistent with 159
the requirements of this section, provided such request does not require 160
the disclosure of any proprietary information or trade or business 161
secrets. Such audit shall be paid for by each tire stewardship 162
organization. Each tire stewardship organization shall maintain all 163
records relating to the program for not less than three years. 164
(j) Upon implementation of the tire stewardship program described 165
in this section, any covered entity that participates in such program shall 166
not charge for the receipt of discarded tires that are discarded in this 167
state, provided any such covered entity may restrict the acceptance of 168
tires by number, source or condition. 169
(k) Not later than three years after the approval of the tire 170
stewardship plan pursuant to this section, the Commissioner of Energy 171
and Environmental Protection shall submit a report, in accordance with 172
the provisions of section 11-4a of the general statutes, to the joint 173
standing committee of the General Assembly having cognizance of 174
matters relating to the environment. Such report shall provide an 175
evaluation of the tire stewardship program and establish a goal for the 176 Substitute Bill No. 5139
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amount of discarded tires managed under the program and a separate 177
goal for the diversion of tires for recycling, taking into consideration 178
technical and economic feasibilities. 179
(l) Each producer and the tire stewardship organization shall be 180
immune from liability for any claim of a violation of antitrust law or 181
unfair trade practice, if such conduct is a violation of antitrust law, to 182
the extent such producer or tire stewardship organization is exercising 183
authority pursuant to the provisions of this section. 184
(m) The Commissioner of Energy and Environmental Protection may 185
seek civil enforcement of the provisions of this section pursuant to 186
chapter 439 of the general statutes. 187
(n) Whenever, in the judgment of the Commissioner of Energy and 188
Environmental Protection, any person has engaged in, or is about to 189
engage in, any act, practice or omission that constitutes, or will 190
constitute, a violation of any provision of this section, the Attorney 191
General may, at the request of the commissioner, bring an action in the 192
superior court for the judicial district of New Britain for an order 193
enjoining such act, practice or omission. Such order may require 194
remedial measures and direct compliance with the provisions of this 195
section. Upon a showing by the commissioner that such person has 196
engaged in or is about to engage in any such act, practice or omission, 197
the court may issue a permanent or temporary injunction, restraining 198
order or other order, as appropriate. 199
(o) Any action brought by the Attorney General pursuant to this 200
section shall have precedence in the order of trial, as provided in section 201
52-191 of the general statutes. 202
(p) In the event that another state implements a tire stewardship or 203
recycling program, the tire stewardship organization may collaborate 204
with such state to conserve efforts and resources used in carrying out 205
the tire stewardship program, provided such collaboration is consistent 206
with the requirements of this section. 207 Substitute Bill No. 5139
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(q) The Commissioner of Energy and Environmental Protection may 208
assess a reasonable fee to the tire stewardship organization, not to 209
exceed ten per cent of total program costs, for administration of the tire 210
stewardship program. 211
(r) Any producer who fails to participate in the tire stewardship 212
program shall not sell or offer for sale tires in this state. 213
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 New section
ENV Joint Favorable Subst.