Connecticut 2022 Regular Session

Connecticut Senate Bill SB00115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 1271 1 of 23
4	4
5	5	General Assembly Raised Bill No. 115
6	6	February Session, 2022
7	7	LCO No. 1271
8	8
9	9
10	10	Referred to Committee on ENVIRONMENT
11	11
12	12
13	13	Introduced by:
14	14	(ENV)
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16	16
17	17
18	18
19	19	AN ACT CONCERNING EXTENDED PRODUCER RESPONSIBILITY
20	20	FOR CONSUMER PACKAGING.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (Effective October 1, 2022) For the purposes of this section: 1
25	25	(1) "Break-even point" means the minimum number of reuses after 2
26	26	which a covered material designed for reuse is environmentally 3
27	27	preferable to a comparable covered material intended for discard after 4
28	28	a single use; 5
29	29	(2) "Commissioner" means the Commissioner of Energy and 6
30	30	Environmental Protection; 7
31	31	(3) "Covered materials" means packaging, packaging-like products 8
32	32	and paper. "Covered materials" does not include any material that could 9
33	33	become unsafe or unsanitary to recycle by virtue of the anticipated use 10
34	34	of the material or design of the material, as determined by the 11
35	35	stewardship plan approved pursuant to this section; 12
36	36	(4) "Department" means the Department of Energy and 13 Raised Bill No. 115
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38	38
39	39
40	40	LCO No. 1271 2 of 23
41	41
42	42	Environmental Protection; 14
43	43	(5) "Packaging" means any container or material used for the 15
44	44	containment, protection, handling, delivery or presentation of goods 16
45	45	that are intended for the consumer market, including through an 17
46	46	internet transaction. "Packaging" does not include: (A) Any container or 18
47	47	material used for the multiyear protection or storage of a product; (B) 19
48	48	any beverage container subject to the provisions of section 22a-243 of 20
49	49	the general statutes; (C) any container for architectural paint, as defined 21
50	50	in section 22a-904 of the general statutes, that is recycled through a paint 22
51	51	stewardship program that is in operation and that has been approved 23
52	52	by the department pursuant to section 22a-904a of the general statutes; 24
53	53	or (D) any other containers or materials collected through any other 25
54	54	stewardship program; 26
55	55	(6) "Packaging-like products" means the following products that are 27
56	56	intended for the consumer market, including through an Internet 28
57	57	transaction, that are not packaging and are ordinarily discarded after a 29
58	58	single use or short-term use, whether or not they could be reused: (A) 30
59	59	Food containers, including, but not limited to, take-out food containers, 31
60	60	(B) foil and wraps, (C) bags, (D) boxes, (E) straws and items used to stir 32
61	61	beverages, (F) utensils, plates, bowls and cups, (G) party supplies, and 33
62	62	(H) objects purchased by or supplied to consumers expressly for the 34
63	63	purpose of protecting, containing or transporting commodities or 35
64	64	products; 36
65	65	(7) "Packaging stewardship program" or "program" means a program 37
66	66	implemented under this section by a responsible party or stewardship 38
67	67	organization; 39
68	68	(8) "Paper materials" means paper that is not packaging and that is 40
69	69	printed with text or graphics or intended to be printed with text or 41
70	70	graphics as a medium for communicating information, including, but 42
71	71	not limited to: (A) Newsprint and inserts; (B) magazines and catalogs; 43
72	72	(C) paper used for copying, writing, or other general use; (D) telephone 44
73	73	directories; (E) flyers; (F) brochures; and (G) booklets. "Paper materials" 45 Raised Bill No. 115
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76	76
77	77	LCO No. 1271 3 of 23
78	78
79	79	does not include bound reference, literary or text books; 46
80	80	(9) "Stewardship plan" or "plan" means a plan described in subsection 47
81	81	(e) of this section that describes the manner in which a packaging 48
82	82	stewardship program will be administered and operated; 49
83	83	(10) "Post-consumer recycled content" means a material or product 50
84	84	that was made or manufactured from materials that have completed 51
85	85	their intended end use and product life cycle, from households or by 52
86	86	commercial, industrial or institutional facilities and that have been 53
87	87	separated from the solid waste stream for the purposes of collection and 54
88	88	recycling. "Post-consumer recycled content" does not include secondary 55
89	89	waste material or materials and by-products generated from, and 56
90	90	commonly used within, an original manufacturing and fabrication 57
91	91	process; 58
92	92	(11) "Reasonable rate" means the funding rate calculated and 59
93	93	dispersed by a responsible party or stewardship organization using a 60
94	94	formula approved by the Commissioner of Energy and Environmental 61
95	95	Protection and that may vary for: (A) Any municipality that elects to 62
96	96	collect, transport, process and market covered materials through its own 63
97	97	municipal crew or fleet, (B) any municipality that elects to provide for 64
98	98	collection, transportation, processing and marketing of covered 65
99	99	materials through a contract with a service provider, or (C) a service 66
100	100	provider that collects, transports, processes and markets covered 67
101	101	materials through a subscription. "Reasonable rate" for a municipality 68
102	102	includes consideration of (i) the cost to collect, transport, process and 69
103	103	market covered materials, (ii) the cost to collect and transport covered 70
104	104	materials, container rental and fund staff at a transfer station, and (iii) 71
105	105	population density of the municipality; 72
106	106	(12) "Recycling" means the transforming or remanufacturing of a 73
107	107	covered material or a covered material's components and by-products 74
108	108	into usable or marketable materials in lieu of virgin materials. 75
109	109	"Recycling" does not include landfill disposal, incineration, energy 76
110	110	recovery or energy generation by means of combustion, or final 77 Raised Bill No. 115
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112	112
113	113
114	114	LCO No. 1271 4 of 23
115	115
116	116	conversion to a fuel, of a covered material or covered material's 78
117	117	components and by-products. "Recycling" for plastics includes a fuel 79
118	118	that is converted to a raw material that is used for the manufacture of 80
119	119	new products. 81
120	120	(13) "Recycled" means: (A) For sorted glass, that such material does 82
121	121	not require further processing before entering a glass furnace or before 83
122	122	use in the production of filtration media, abrasive materials, glass fiber 84
123	123	insulation or construction materials; (B) for sorted metal, the material 85
124	124	does not require further processing before entering a smelter or furnace; 86
125	125	(C) for sorted paper, the material does not require further processing 87
126	126	before entering a pulping operation; and (D) for sorted plastic, the 88
127	127	material does not require further processing before entering a 89
128	128	pelletization, extrusion or molding operation or, in the case of plastic 90
129	129	flakes, the material does not require further processing before use in a 91
130	130	final product; 92
131	131	(14) "Responsible party" means any person that is determined to be 93
132	132	the responsible party for a covered material, as described in subsection 94
133	133	(b) of this section; 95
134	134	(15) "Retailer" means any person who sells or offers for sale a product 96
135	135	to a consumer, including sales made through an Internet transaction to 97
136	136	be delivered to a consumer in this state; 98
137	137	(16) "Reuse" or "reusable" means, with respect to a covered material, 99
138	138	that the covered material (A) is capable of being refilled or reused for its 100
139	139	original purpose and the responsible party or a designated third party 101
140	140	for that covered material provides a program for the consumer to refill 102
141	141	the covered material; or (B) the responsible party or a designated third 103
142	142	party for that covered material provides a program where the covered 104
143	143	material is collected and refilled or reused by the responsible party or 105
144	144	another responsible party provided such program meets or exceeds any 106
145	145	recovery, recycling and reuse performance goals established pursuant 107
146	146	to this section and such covered materials are designed to be reused and 108
147	147	refilled within the material's lifecycle to the break-even point with a 109 Raised Bill No. 115
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149	149
150	150
151	151	LCO No. 1271 5 of 23
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153	153	comparable discarded covered material; 110
154	154	(14) "Stewardship organization" means a nonprofit organization, 111
155	155	association or entity that assumes the responsibilities, obligations and 112
156	156	liabilities under this section of multiple responsible parties for covered 113
157	157	materials; 114
158	158	(b) The responsible party for a covered material shall be determined 115
159	159	as follows: 116
160	160	(1) For covered materials sold or distributed at a physical retail 117
161	161	location in the state: (A) The responsible party is the person who 118
162	162	manufactures the covered material or good sold in covered material if 119
163	163	the covered material or good is sold under the manufacturer's own 120
164	164	brand or is sold in covered materials that lack identification of a brand; 121
165	165	(B) if the covered material or good is manufactured by a person other 122
166	166	than the brand owner, the responsible party is the person that is the 123
167	167	licensee of a brand or trademark under which the covered material or 124
168	168	good is used in a commercial enterprise, sold, offered for sale or 125
169	169	distributed in or into this state, whether or not the trademark is 126
170	170	registered in this state; and (C) if there is no person described in 127
171	171	subparagraph (A) or (B) of this subdivision within the United States, the 128
172	172	responsible party is the person that imports the covered material or 129
173	173	good into the United States for use in a commercial enterprise that sells, 130
174	174	offers for sale or distributes the covered material or good into this state. 131
175	175	(2) For covered materials sold or distributed in or into this state via 132
176	176	remote sale or distribution: (A) The responsible party for a covered 133
177	177	material used to directly protect or contain a good, whether or not the 134
178	178	good is a covered material, is the same as the responsible party for 135
179	179	purposes of subdivision (1) of this subsection, and (B) the responsible 136
180	180	party for the covered material used to ship a good to a consumer, 137
181	181	whether or not the good is a covered material, is the person that ships 138
182	182	the covered material or good to the consumer. 139
183	183	(c) On or before January 1, 2024, any responsible party or stewardship 140
184	184	organization authorized to operate and administer a program on its 141 Raised Bill No. 115
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186	186
187	187
188	188	LCO No. 1271 6 of 23
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190	190	behalf that intends to submit a stewardship plan pursuant to subsection 142
191	191	(e) of this section shall register with the Commissioner of Energy and 143
192	192	Environmental Protection provided any responsible party or 144
193	193	stewardship organization operating on behalf of responsible parties 145
194	194	may submit a registration for approval to the commissioner in 146
195	195	accordance with this subsection after January 1, 2024, provided a 147
196	196	responsible party only participates in one stewardship organization for 148
197	197	each of such party's types of covered materials. Such registration shall 149
198	198	be on a form prescribed by the commissioner and shall: (1) Identify each 150
199	199	responsible party that intends to authorize the stewardship 151
200	200	organization to operate and administer a program on its behalf, (2) 152
201	201	provide the name, address and contact information of any person 153
202	202	responsible for ensuring the responsible party or stewardship 154
203	203	organization and the responsible parties that have authorized the 155
204	204	stewardship organization to operate a program on such parties' behalf 156
205	205	comply with the requirements of this section, and (3) describe a study 157
206	206	conducted by a third-party that the responsible party or stewardship 158
207	207	organization intends to fund to assess recycling and covered materials 159
208	208	management needs in the state. Such study may build on the plan 160
209	209	developed pursuant to section 22a-228 of the general statutes to assess, 161
210	210	but not be limited to, (A) the current rates for the performance goals 162
211	211	described in this section, to the extent available, (B) current funding 163
212	212	needs affecting recycling access and availability in the state, (C) the 164
213	213	capacity, costs and needs associated with the collection, transportation 165
214	214	and processing of covered materials in the state, and (D) consumer 166
215	215	education needs in the state with respect to recycling and reducing 167
216	216	contamination in collected covered materials. The Commissioner of 168
217	217	Energy and Environmental Protection shall make a determination 169
218	218	whether to approve the study required by this subdivision. In the event 170
219	219	that the commissioner disapproves such study because it does not meet 171
220	220	the requirements of this subdivision, the commissioner shall describe 172
221	221	the reasons for the disapproval in a notice of determination that the 173
222	222	commissioner shall provide to the responsible party or stewardship 174
223	223	organization. The responsible party or stewardship organization shall 175
224	224	revise and resubmit the study to the commissioner not later than thirty 176 Raised Bill No. 115
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228	228	LCO No. 1271 7 of 23
229	229
230	230	days after receipt of notice of the commissioner's disapproval notice. 177
231	231	Not later than thirty days after receipt of the revised study, the 178
232	232	commissioner shall review and approve or disapprove the revised 179
233	233	study, and provide a notice of determination to the responsible party or 180
234	234	stewardship organization. The responsible party or stewardship 181
235	235	organization may resubmit a revised study to the commissioner for 182
236	236	approval on not more than one occasion. If the responsible party or 183
237	237	stewardship organization fails to submit a study that is acceptable to the 184
238	238	commissioner because it does not meet the requirements of subdivision 185
239	239	(3) of this subsection, the commissioner shall modify a submitted study 186
240	240	to make it conform to the requirements of subdivision (3) of this 187
241	241	subsection and approve it. In deciding whether to approve any such 188
242	242	study, the commissioner may consider prior registrations submitted by 189
243	243	any responsible party or stewardship organization. After the 190
244	244	commissioner approves a study, the responsible party or stewardship 191
245	245	organization shall cause such study to be conducted. 192
246	246	(d) (1) Not later than one hundred eighty days after a responsible 193
247	247	party or stewardship organization registers with the Commissioner of 194
248	248	Energy and Environmental Protection, the responsible party or 195
249	249	stewardship organization shall establish and nominate members to an 196
250	250	advisory committee to advise and provide comment to the responsible 197
251	251	party or stewardship organization regarding any plan prior to approval, 198
252	252	and any substantive changes to a program prior to submission in 199
253	253	accordance with the provisions of this section. Such advisory committee 200
254	254	shall meet not less than once a year or more frequently as needed, and 201
255	255	shall review any plans, revisions to a plan or substantive changes to a 202
256	256	plan prior to submission of such plan, revisions or changes to the 203
257	257	commissioner in accordance with the provisions of this section. The 204
258	258	advisory committee shall assume the responsibilities assigned to it 205
259	259	under this section for any and all subsequent responsible parties or 206
260	260	stewardship organizations. 207
261	261	(2) Any such advisory committee shall include, at a minimum (A) the 208
262	262	Commissioner of Energy and Environmental Protection, or the 209
263	263	commissioner's designee, (B) a representative from a municipal 210 Raised Bill No. 115
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269	269	association or municipal government, (C) a representative of a regional 211
270	270	or municipal waste management program, (D) an individual with 212
271	271	expertise in the development of recycling markets, (E) a representative 213
272	272	of a materials recycling facility located in the state, (F) a representative 214
273	273	of waste haulers, or a regional waste management and recycling 215
274	274	organization, (G) a representative of a state-wide retail association, (H) 216
275	275	a representative of a nonprofit environmental advocacy organization, (I) 217
276	276	a representative of a community-based organization or an organization 218
277	277	representing equity and underrepresented stakeholders, (J) a 219
278	278	representative of a nonprofit organization dedicated to litter cleanup, 220
279	279	(K) an individual with expertise in environmental and human health, 221
280	280	(L) a representative of a manufacturer of packaging, (M) a 222
281	281	representative of a material supplier, and (N) a representative of 223
282	282	responsible parties. 224
283	283	(3) The Commissioner of Energy and Environmental Protection shall 225
284	284	approve all nominations to any such advisory committee and may add 226
285	285	new members to such advisory committee at the commissioner's 227
286	286	discretion. The commissioner may not approve an advisory committee 228
287	287	member to fulfill more than one of the membership categories provided 229
288	288	for in subdivision (2) of this subsection. 230
289	289	(e) On or before January 1, 2025, a responsible party or a stewardship 231
290	290	organization authorized to operate and administer a program on behalf 232
291	291	of responsible parties shall submit a stewardship plan for the 233
292	292	establishment of a packaging stewardship program described in this 234
293	293	subsection to the Commissioner of Energy and Environmental 235
294	294	Protection for approval. Any such packaging stewardship program 236
295	295	shall: (1) Minimize public sector involvement in the management of 237
296	296	covered materials, (2) to the greatest extent technologically feasible and 238
297	297	economically practical, manage covered materials in accordance with 239
298	298	the sustainable materials management priority provided for in 240
299	299	subsection (b) of section 22a-228 of the general statutes, (3) minimize 241
300	300	greenhouse gas emissions from the lifecycles of covered materials and 242
301	301	from program operation, (4) negotiate and execute agreements to 243
302	302	collect, transport and process covered materials using environmentally 244 Raised Bill No. 115
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306	306	LCO No. 1271 9 of 23
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308	308	sound management practices, (5) provide for convenient and accessible 245
309	309	state-wide collection of covered materials that shall be at least as 246
310	310	convenient as the collection methods used as of the effective date of this 247
311	311	section, (6) ensure meaningful and continuous improvement of the 248
312	312	program, (7) develop and equitably assign to responsible parties a fee 249
313	313	sufficient to cover the costs of operating and administering the program 250
314	314	consistent with the requirements of this section, (8) provide technical 251
315	315	assistance to municipalities, regional associations, waste and recycling 252
316	316	collectors, transporters and processors, and any other entity that 253
317	317	participates in the packaging stewardship program, as needed to 254
318	318	achieve compliance with the performance goals described in this 255
319	319	section, (9) provide for investment in existing and future reuse 256
320	320	programs, recycling infrastructure and end-market development in the 257
321	321	state, as needed to achieve compliance with the performance goals 258
322	322	described in this section, (10) provide consistent and ongoing outreach, 259
323	323	education and communication to consumers throughout the state 260
324	324	regarding participation in the program, and (11) for covered materials, 261
325	325	ensure compliance with sections 22a-255h to 22a-255m, inclusive, of the 262
326	326	general statutes and ensure continuous and meaningful reduced 263
327	327	toxicity of covered materials. 264
328	328	(f) Any stewardship plan submitted pursuant to this section shall be 265
329	329	submitted on a form prescribed by the Commissioner of Energy and 266
330	330	Environmental Protection and shall: (1) Identify each responsible party 267
331	331	that authorized the stewardship organization to operate and administer 268
332	332	the program on the party's behalf and the brands and types of covered 269
333	333	materials of the responsible parties participating in the stewardship 270
334	334	organization, (2) provide the name, address and contact information of 271
335	335	each person responsible for ensuring the stewardship organization and 272
336	336	the responsible parties that have authorized the stewardship 273
337	337	organization to operate such program on their behalf in compliance 274
338	338	with the provisions of this section, (3) include the results from the study 275
339	339	conducted pursuant to subsection (c) of this section, (4) describe how 276
340	340	the program will fund the net costs associated with the collection, 277
341	341	transportation, processing and marketing of covered materials 278 Raised Bill No. 115
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347	347	including payments to public and private entities at a reasonable rate, 279
348	348	(5) propose state-wide performance goals, and a justification for each 280
349	349	goal, for each type of covered material sold in the state to be achieved 281
350	350	not later than five years after the implementation date of the program. 282
351	351	Such performance goals shall be technologically feasible and 283
352	352	economically practical and shall include (A) a minimum reduction rate 284
353	353	measured as the total reduction in volume of each type of covered 285
354	354	material, (B) a minimum reuse rate measured as the total amount of each 286
355	355	type of covered material exempted from the program through transition 287
356	356	to a reuse program, (C) a minimum recovery rate measured as the total 288
357	357	amount of each type of covered material divided by the tons of such 289
358	358	type of covered material recovered through collection, (D) a minimum 290
359	359	recycling rate measured as the total amount of each type of covered 291
360	360	material divided by the tons of such type of covered material managed 292
361	361	through recycling, (E) a minimum post-consumer recycled content rate 293
362	362	measured as the percentage of total tons of each type of covered material 294
363	363	manufactured using post-consumer recycled content over a year, and 295
364	364	(F) a minimum contamination rate for recycling collection measured as 296
365	365	the percentage of total covered materials collected divided by the 297
366	366	amount of covered materials disposed after collection, (6) describe the 298
367	367	general process for state-wide, year-round convenient and accessible 299
368	368	collection and transportation of covered materials, including collection 300
369	369	from residences, multifamily apartment buildings, public spaces and 301
370	370	transfer stations and other residential recycling collection locations. 302
371	371	Such collection shall be at least as convenient as the system utilized as 303
372	372	of the effective date of this section and shall be provided at no cost to 304
373	373	residences and multi-family apartment buildings from which covered 305
374	374	materials are collected. Accessible collection of covered materials shall 306
375	375	include arrangement for diverse physical and language needs of a 307
376	376	certain population, (7) describe how collected covered materials will be 308
377	377	processed, including the names of contracted facilities and end markets. 309
378	378	For any covered material that will be marketed for use through a 310
379	379	method other than mechanical recycling, the plan shall describe: (A) 311
380	380	How the proposed method will affect the ability of the material to be 312
381	381	recycled into feedstock for the manufacture of new products, (B) how 313 Raised Bill No. 115
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387	387	the proposed method will affect the types and amounts of plastic 314
388	388	recycled for food and pharmaceutical-grade applications, (C) any 315
389	389	applicable air, water and waste permitting compliance requirements, 316
390	390	and (D) an analysis of the environmental impacts for the proposed 317
391	391	method compared to the environmental impacts of mechanical 318
392	392	recycling, incineration and landfill disposal as solid waste, (8) describe 319
393	393	how the program will provide technical assistance to municipalities, 320
394	394	regional associations, waste and recycling collectors, transporters and 321
395	395	processors and other entities that participate in the stewardship 322
396	396	program, (9) describe how the program will abate covered materials 323
397	397	litter in the state. Such program shall not include payments for litter 324
398	398	cleanup, but may include, but not be limited to, grants to nonprofits for 325
399	399	litter collection programs in the state, sponsorships and serving as 326
400	400	advisors to such nonprofits, litter prevention and reduction programs, 327
401	401	and litter education programs, (10) describe how the program intends 328
402	402	to provide consistent and ongoing outreach, education and 329
403	403	communication to consumers throughout the state regarding 330
404	404	participation in the program. To the greatest extent feasible, the 331
405	405	program shall ensure that any educational materials developed for the 332
406	406	program have consistent branding and are consistent with RecycleCT 333
407	407	Foundation educational messaging and materials, and that educational 334
408	408	materials are developed to have applicability to all residents of the state, 335
409	409	including, but not limited to, residents with varying methods of 336
410	410	collection of covered materials, residents with multilingual needs, 337
411	411	residents who live in single-family housing or multifamily housing and 338
412	412	residents who are underserved by traditional methods of 339
413	413	communication, (11) describe how the program intends to provide for 340
414	414	investment in existing and future reuse programs, recycling 341
415	415	infrastructure, and end-market development in the state, (12) include a 342
416	416	description of a closure plan that shall ensure that in the event the 343
417	417	stewardship organization ceases to exist or the commissioner suspends 344
418	418	or revokes approval of an implemented plan, the funds held by the 345
419	419	stewardship organization will (A) remain within a separate fund until 346
420	420	the commissioner renews approval of a plan, or (B) be transferred to a 347
421	421	successor stewardship organization, (13) if more than one responsible 348 Raised Bill No. 115
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427	427	party or stewardship organization registers with the commissioner to 349
428	428	carry out the requirements of this section, each responsible party or 350
429	429	stewardship organization submitting a plan for approval shall describe 351
430	430	how it intends to collaborate with other responsible parties or product 352
431	431	stewardship organizations in the state, (14) describe how the 353
432	432	stewardship organization intends to address the program needs 354
433	433	assessed through the approved study conducted pursuant to subsection 355
434	434	(c) of this section, and (15) include any other information required by 356
435	435	the commissioner. 357
436	436	(g) Nothing in this section shall preclude additional responsible 358
437	437	parties or stewardship organizations authorized to operate and 359
438	438	administer a program on behalf of responsible parties from submitting 360
439	439	plans for approval to the commissioner in accordance with this section 361
440	440	after January 1, 2025, provided a responsible party shall authorize only 362
441	441	one stewardship organization per type of covered material. 363
442	442	(h) Any stewardship organization, authorized by a responsible party 364
443	443	to operate and administer a program on its behalf, shall establish a fee 365
444	444	structure that covers, but does not exceed, the costs of (1) developing the 366
445	445	plan described in subsection (f) of this section, (2) operating and 367
446	446	administering the program described in subsection (e) of this section, 368
447	447	and (3) maintaining a financial reserve sufficient to operate the program 369
448	448	over a multiyear period of time in a fiscally prudent and responsible 370
449	449	manner. Such stewardship organization may update the fee schedule no 371
450	450	more than annually as needed, or as directed by the commissioner if the 372
451	451	commissioner determines that the modulations are insufficient to 373
452	452	incentivize program or covered materials redesign. Such fee schedule 374
453	453	shall: (A) Reflect a responsible party's share of covered materials sold in 375
454	454	the state, (B) provide for a flat-fee option to be assessed on a tiered basis 376
455	455	such that any responsible party other than a responsible party that is 377
456	456	exempt and that generates less than fifteen tons of covered materials in 378
457	457	a calendar year, is required to pay not more than five hundred dollars 379
458	458	per ton of covered materials to the stewardship organization pursuant 380
459	459	to this subsection, regardless of the type of covered material, (C) for 381
460	460	responsible parties that are not exempt, reflect the cost to collect, process 382 Raised Bill No. 115
461	461
462	462
463	463
464	464	LCO No. 1271 13 of 23
465	465
466	466	and market the type of covered material sold in the state by a 383
467	467	responsible party. Such fee structure shall include, but not be limited to, 384
468	468	modulations to payments in a manner that incentivizes, through 385
469	469	increased or reduced fees, the following: (i) The use of covered materials 386
470	470	that have a longer life span, (ii) the use of recycled content in covered 387
471	471	materials, (iii) increased recyclability of covered materials, (iv) lower 388
472	472	toxicity in covered materials, (v) a reduction in the amount of covered 389
473	473	materials used, (vi) a reduction in the amount of a responsible party's 390
474	474	covered materials in litter, (vii) labeling of covered materials in such a 391
475	475	way that reduces consumer confusion, (viii) the use of covered materials 392
476	476	that are recycled in a country listed as a member of the Organization for 393
477	477	Economic Cooperation and Development, (ix) the use of covered 394
478	478	materials that do not disrupt recycling processes, and (x) the use of 395
479	479	covered materials that have lower associated greenhouse gas emissions. 396
480	480	(i) Nothing in this section shall prohibit a stewardship organization 397
481	481	from establishing and requiring by private agreement or contract the 398
482	482	payment of other fees associated with a covered material's supply chain 399
483	483	by third parties that are not responsible parties. 400
484	484	(j) Not later than one hundred eighty days after submission of a plan 401
485	485	pursuant to this section, the Commissioner of Energy and 402
486	486	Environmental Protection shall make a determination whether to 403
487	487	approve such plan. Prior to making such determination, the 404
488	488	commissioner shall post the plan on the Department of Energy and 405
489	489	Environmental Protection's Internet web site and accept public 406
490	490	comments on the plan. In the event that the commissioner disapproves 407
491	491	the plan because it does not meet the requirements of this section, the 408
492	492	commissioner shall describe the reasons for the disapproval in a notice 409
493	493	of determination that the commissioner shall provide to the responsible 410
494	494	party or stewardship organization, as applicable. The responsible party 411
495	495	or stewardship organization, as applicable, shall revise and resubmit the 412
496	496	plan to the commissioner not later than sixty days after receipt of notice 413
497	497	of the commissioner's disapproval notice. Not later than forty-five days 414
498	498	after receipt of the revised plan, the commissioner shall review and 415
499	499	approve or disapprove the revised plan and provide a notice of 416 Raised Bill No. 115
500	500
501	501
502	502
503	503	LCO No. 1271 14 of 23
504	504
505	505	determination to the responsible party or stewardship organization. The 417
506	506	responsible party or stewardship organization may resubmit a revised 418
507	507	plan to the commissioner for approval on not more than two occasions. 419
508	508	If the responsible party or stewardship organization fails to submit a 420
509	509	plan that is acceptable to the commissioner because it does not meet the 421
510	510	requirements of this section, the commissioner shall modify a submitted 422
511	511	plan to make it conform to the requirements of this section and approve 423
512	512	it. Not later than one hundred eighty days after the approval of a plan 424
513	513	pursuant to this section, the responsible party or stewardship 425
514	514	organization, as applicable, shall implement the approved plan for a 426
515	515	packaging stewardship program. In deciding whether to approve any 427
516	516	such plan, the commissioner may consider any of the following: (1) The 428
517	517	extent to which the advice and comments provided by the advisory 429
518	518	committee to the stewardship organization regarding the plan and the 430
519	519	process by which the stewardship organization intends to include 431
520	520	advice and comments regarding future program expansions and 432
521	521	improvements and the operation of the program were included in the 433
522	522	plan, (2) the achievability of performance goals in such plan subdivision 434
523	523	including: (A) The specificity of material types, and (B) the performance 435
524	524	goals set in other jurisdictions, (3) the timeliness and effectiveness of the 436
525	525	plan to achieve the requirements of this section, (4) whether the funding 437
526	526	mechanism described in the plan by the stewardship organization is 438
527	527	reasonable and adequate to fund the costs of such program in 439
528	528	accordance with the provisions of this section, and (5) the extent to 440
529	529	which the plan adequately promotes the sustainable materials 441
530	530	management priority set forth in subsection (b) of section 22a-228 of the 442
531	531	general statutes and moves covered materials higher up the sustainable 443
532	532	materials management prioritization. 444
533	533	(k) Each responsible party or stewardship organization, as 445
534	534	applicable, shall submit any proposed substantive changes to a program 446
535	535	to the Commissioner of Energy and Environmental Protection for 447
536	536	approval and present said substantive changes to the applicable 448
537	537	advisory committee for comment. For the purposes of this section, 449
538	538	"substantive change" means: (1) A change in the processing facilities to 450 Raised Bill No. 115
539	539
540	540
541	541
542	542	LCO No. 1271 15 of 23
543	543
544	544	be used for covered materials collected pursuant to the program, or (2) 451
545	545	a material change to the system for collecting, transporting or 452
546	546	processing covered materials. 453
547	547	(l) Not later than three years after the implementation date of a 454
548	548	program, each responsible party or stewardship organization, as 455
549	549	applicable, shall submit updated performance goals to the 456
550	550	Commissioner of Energy and Environmental Protection that are based 457
551	551	on the experience of the program during the first three years of the 458
552	552	program. 459
553	553	(m) Each responsible party or stewardship organization, as 460
554	554	applicable, shall notify the Commissioner of Energy and Environmental 461
555	555	Protection of other material changes to such program on an ongoing 462
556	556	basis, without resubmission of the plan to the commissioner for 463
557	557	approval. Such changes shall include, but not be limited to, any change 464
558	558	in the composition, officers or contact information of such responsible 465
559	559	party or stewardship organization, as applicable. 466
560	560	(n) On and after the implementation date of a stewardship program 467
561	561	pursuant to this section, a responsible party's covered materials may not 468
562	562	be sold in the state unless the covered materials are managed under an 469
563	563	approved stewardship plan and the responsible party has submitted all 470
564	564	required information and fees to any applicable stewardship 471
565	565	organization that is authorized to operate and administer a program on 472
566	566	such party's behalf. Any new covered materials sold at retail or sold or 473
567	567	distributed through remote sale after the implementation date of a 474
568	568	stewardship program pursuant to this section shall be reported to the 475
569	569	Commissioner of Energy and Environmental Protection by such 476
570	570	stewardship organization. No retailer or distributor shall be found to be 477
571	571	in violation of the provisions of this subsection if, on the date the 478
572	572	covered material was ordered from the responsible party or its agent, 479
573	573	the responsible party was listed on the Department of Energy and 480
574	574	Environmental Protection's Internet web site in accordance with the 481
575	575	provisions of this section. 482 Raised Bill No. 115
576	576
577	577
578	578
579	579	LCO No. 1271 16 of 23
580	580
581	581	(o) Not later than October fifteenth of each year, each responsible 483
582	582	party or stewardship organization authorized to operate and administer 484
583	583	a stewardship program pursuant to this section shall submit an annual 485
584	584	report to the Commissioner of Energy and Environmental Protection on 486
585	585	a form prescribed by the commissioner. The commissioner shall post 487
586	586	such annual report on the Department of Energy and Environmental 488
587	587	Protection's Internet web site. Such report shall include: (1) A list of 489
588	588	responsible parties and the brands and types of covered materials of the 490
589	589	responsible parties participating in any such stewardship organization, 491
590	590	(2) the tonnage, by type, of covered materials sold in the state by 492
591	591	responsible parties during the prior year, (3) progress made toward 493
592	592	achieving the performance goals and an evaluation of the effectiveness 494
593	593	of methods and processes used to achieve such performance goals of the 495
594	594	program, (4) a description of how such stewardship organization 496
595	595	intends to improve the program in line with performance goals, if such 497
596	596	evaluation demonstrates the program is not achieving the approved 498
597	597	performance goals, (5) the tonnage, by type, of covered materials 499
598	598	managed through: (A) Recycling, (B) disposal, and (C) any other 500
599	599	method, (6) a description of how the processes, methods and end-501
600	600	markets used to manage each type of covered material promoted the 502
601	601	sustainable materials management priority in subsection (b) of section 503
602	602	22a-228 of the general statutes, including for covered material that was 504
603	603	not managed through recycling, (7) a description of the efforts taken by 505
604	604	or on behalf of responsible parties or the stewardship organization, as 506
605	605	applicable, to minimize environmental and human health impacts 507
606	606	throughout the program operation and covered material life cycle and 508
607	607	to increase reusability or recyclability at the end of the material's life 509
608	608	cycle, (8) identification of covered materials that could be designed to 510
609	609	be refillable or reusable, (9) a detailed description of any strategic 511
610	610	investment in reuse and recycling infrastructure and end-market 512
611	611	development in the state, (10) the fee schedule developed by the 513
612	612	responsible party or stewardship organization, as applicable, for the 514
613	613	prior year, and a description of how the fees incentivized collection, 515
614	614	processing or redesign of covered materials pursuant to the 516
615	615	modulations described in this section, (11) the estimated fee schedule 517 Raised Bill No. 115
616	616
617	617
618	618
619	619	LCO No. 1271 17 of 23
620	620
621	621	for the next year, including the expected fee rate changes based on shifts 518
622	622	in material value, (12) a description of covered material litter abatement 519
623	623	efforts taken by, on behalf of, or funded by, the responsible party or 520
624	624	stewardship organization, as applicable, (13) a description of the 521
625	625	outreach, education and communication efforts taken by, on behalf of, 522
626	626	or funded by, the responsible party or stewardship organization, as 523
627	627	applicable, (14) recommendations for changes to the program, and (15) 524
628	628	any other information requested by the commissioner. 525
629	629	(p) Two years after the implementation of a stewardship program 526
630	630	pursuant to this section and every two years thereafter, or upon the 527
631	631	request of the Commissioner of Energy and Environmental Protection 528
632	632	but not more frequently than once per year, each responsible party or 529
633	633	stewardship organization, as applicable, authorized to operate and 530
634	634	administer a stewardship program pursuant to this section shall cause 531
635	635	an audit of the program to be conducted by an independent auditor. 532
636	636	Such audit shall review the accuracy of the responsible party or 533
637	637	stewardship organization's data concerning the program and provide 534
638	638	any other information requested by the Commissioner of Energy and 535
639	639	Environmental Protection, consistent with the requirements of this 536
640	640	section. Such audit shall be paid for by the responsible party or 537
641	641	stewardship organization, as applicable. The responsible party or 538
642	642	stewardship organization, as applicable, shall maintain all records 539
643	643	relating to the program for not less than three years. 540
644	644	(q) The Commissioner of Energy and Environmental Protection may 541
645	645	require a plan to be reviewed or revised at any time if the commissioner 542
646	646	(1) has reason to believe the performance goals set pursuant to this 543
647	647	section are not being met or followed by a responsible party or 544
648	648	stewardship organization, as appliable, (2) has reason to believe the 545
649	649	performance goals set pursuant to this section are insufficient to drive 546
650	650	increased improvement in the stewardship program, or (3) determines 547
651	651	a change in circumstances warrants revision of the plan. The 548
652	652	commissioner may rescind approval of a stewardship plan at any time. 549
653	653	(r) A responsible party is exempt from the requirements of this 550 Raised Bill No. 115
654	654
655	655
656	656
657	657	LCO No. 1271 18 of 23
658	658
659	659	section if the responsible party: (1) Would otherwise be considered a 551
660	660	responsible party but is responsible for less than one ton of covered 552
661	661	materials per year in the state, (2) has a gross annual revenue of less than 553
662	662	two million dollars, or (3) is a municipality. 554
663	663	(s) If a responsible party can demonstrate to the satisfaction of the 555
664	664	applicable stewardship organization that a type of covered material sold 556
665	665	in the state by such responsible party achieved an eighty-five per cent 557
666	666	or greater recycling rate in the state during the prior calendar year, the 558
667	667	stewardship organization may reduce the fees owed by the responsible 559
668	668	party under this section to an amount that represents no more than the 560
669	669	costs associated with the collection and transportation for recycling in 561
670	670	the state of that type of covered material. Any reduced fees owed by a 562
671	671	responsible party pursuant to this subsection shall remain subject to the 563
672	672	adjustments described in this section. 564
673	673	(t) The Commissioner of Energy and Environmental Protection shall 565
674	674	exempt a covered material from the fee payment established in this 566
675	675	section if a responsible party can demonstrate to the commissioner that 567
676	676	said covered material is managed through a viable reuse program. In 568
677	677	order to obtain such exemption, the responsible party shall provide the 569
678	678	commissioner, on a form prescribed by the commissioner, with 570
679	679	information that demonstrates (1) such necessity, and (2) how the 571
680	680	responsible party intends to recover and recycle reusable covered 572
681	681	material at end of the material's life. The responsible party shall report 573
682	682	to the commissioner any substantive changes to such reuse program. 574
683	683	The commissioner may rescind an exemption issued pursuant to this 575
684	684	subsection if the approved reuse program no longer conforms to the 576
685	685	information submitted by the responsible party pursuant to this 577
686	686	subsection. 578
687	687	(u) The Commissioner of Energy and Environmental Protection shall 579
688	688	not require the disclosure of any information that the commissioner 580
689	689	finds to be confidential information. For purposes of this subsection, 581
690	690	"confidential information" means any information that if made public 582
691	691	would divulge competitive business information, methods or processes 583 Raised Bill No. 115
692	692
693	693
694	694
695	695	LCO No. 1271 19 of 23
696	696
697	697	entitled to protection as trade secrets of such responsible party or 584
698	698	stewardship organization, or information that would reasonably hinder 585
699	699	the responsible party or stewardship organization's competitive 586
700	700	advantage in the marketplace. 587
701	701	(v) Not later than three years after the approval of any stewardship 588
702	702	plan pursuant to this section, the Commissioner of Energy and 589
703	703	Environmental Protection shall submit a report, in accordance with the 590
704	704	provisions of section 11-4a of the general statutes, to the joint standing 591
705	705	committee of the General Assembly having cognizance of matters 592
706	706	relating to the environment that describes the results of the applicable 593
707	707	packaging stewardship program and that recommends modifications to 594
708	708	improve the functioning and efficiency of any such program, as 595
709	709	necessary. 596
710	710	(w) Not later than the implementation date of any stewardship 597
711	711	program authorized pursuant to this section, the Department of Energy 598
712	712	and Environmental Protection shall list the names of participating 599
713	713	responsible parties and the brands covered by such stewardship 600
714	714	program on the department's Internet web site. 601
715	715	(x) The Department of Energy and Environmental Protection shall 602
716	716	maintain online public records of registered stewardship organizations, 603
717	717	stewardship plans and plan amendments approved pursuant to this 604
718	718	section, annual reports submitted by the responsible party or 605
719	719	stewardship organization, as applicable, to the department, annual 606
720	720	reports by the department to the General Assembly and any other 607
721	721	information the department determines relevant to the provisions of 608
722	722	this section. 609
723	723	(y) Each responsible party or stewardship organization authorized to 610
724	724	operate and administer a stewardship program approved pursuant to 611
725	725	this section shall maintain a public Internet web site that shall, at a 612
726	726	minimum, provide the following information: (1) Each responsible 613
727	727	party that has authorized a stewardship organization to operate and 614
728	728	administer the stewardship program on its behalf and the brands and 615 Raised Bill No. 115
729	729
730	730
731	731
732	732	LCO No. 1271 20 of 23
733	733
734	734	types of covered materials of the responsible parties participating in 616
735	735	such packaging stewardship organization, and (2) all applicable plans 617
736	736	approved pursuant to this section, annual reports and audit results. 618
737	737	(z) Each responsible party, retailer or stewardship organization, 619
738	738	including a responsible party's, retailer's or stewardship organization's 620
739	739	officers, members, employees and agents that organize a packaging 621
740	740	stewardship program pursuant to this section shall be immune from 622
741	741	liability for the responsible party's, retailer's or stewardship 623
742	742	organization's conduct under state laws relating to antitrust, restraint of 624
743	743	trade, unfair trade practices and any other regulation of trade or 625
744	744	commerce only to the extent necessary to plan and implement the 626
745	745	responsible party's, retailer's or stewardship organization's stewardship 627
746	746	program in accordance with the provisions of this section. 628
747	747	(aa) Not later than July 1, 2023, the Commissioner of Energy and 629
748	748	Environmental Protection shall establish reasonable fees for 630
749	749	administering the program described in this section. All fees charged 631
750	750	shall be based on factors relative to the costs of administering such 632
751	751	program and shall fully cover but not exceed expenses incurred by the 633
752	752	commissioner for the implementation of such program, including 634
753	753	administrative fees associated with sections 22a-255h to 22a-255m, 635
754	754	inclusive, of the general statutes. 636
755	755	(bb) For covered materials collected, transported, processed or 637
756	756	marketed by a municipality directly or through a municipal contract 638
757	757	with a private service provider or where a municipality directly or 639
758	758	through a municipal contract with a service provider provides for 640
759	759	collection, transportation, processing or marketing of covered materials 641
760	760	from public spaces or operates a transfer station, the municipality may 642
761	761	elect to: (1) Continue provision of service without reimbursement, (2) 643
762	762	continue provision of service for a reimbursement at a reasonable rate 644
763	763	from a responsible party or stewardship organization authorized to 645
764	764	operate and administer a program pursuant to this section, or (3) if a 646
765	765	municipality does not elect to provide service, a responsible party or 647
766	766	stewardship organization authorized to operate and administer a 648 Raised Bill No. 115
767	767
768	768
769	769
770	770	LCO No. 1271 21 of 23
771	771
772	772	stewardship program pursuant to this section shall be responsible for 649
773	773	contracting with a private service provider for services and shall be 650
774	774	responsible for calculating and dispersing funding at a reasonable rate 651
775	775	for collection, transportation, processing and marketing by said private 652
776	776	service provider. 653
777	777	(cc) In the event that another state implements a stewardship 654
778	778	program for covered materials, or similar materials, a stewardship 655
779	779	organization authorized pursuant to this section may collaborate across 656
780	780	states to conserve efforts and resources used in carrying out a packaging 657
781	781	stewardship program, provided such collaboration is consistent with 658
782	782	the requirements of this section. 659
783	783	(dd) Packaging stewardship program costs shall not include covered 660
784	784	materials collected and managed through a municipal solid waste 661
785	785	disposal program but shall include materials collected and disposed 662
786	786	from a facility processing covered materials for recycling. Any 663
787	787	stewardship organization may establish standards for collection, 664
788	788	processing and marketing of covered materials, whether pursuant to a 665
789	789	contract or agreement with a municipality or service provider. 666
790	790	(ee) Any person who violates any provision of this section shall be 667
791	791	assessed a civil penalty not to exceed twenty-five thousand dollars, to 668
792	792	be fixed by the Superior Court, for each offense. Each violation shall be 669
793	793	a separate and distinct offense and, in the case of a continuing violation, 670
794	794	each day's continuance of such violation shall be deemed to be a 671
795	795	separate and distinct offense. The Attorney General, upon request of the 672
796	796	Commissioner of Energy and Environmental Protection, shall institute 673
797	797	a civil action in the superior court for the judicial district of Hartford to 674
798	798	recover such penalty. 675
799	799	(ff) Whenever, in the judgment of the Commissioner of Energy and 676
800	800	Environmental Protection, any person has engaged in or is about to 677
801	801	engage in any act, practice or omission that constitutes, or will 678
802	802	constitute, a violation of any provision of this section, the Attorney 679
803	803	General may, at the request of the commissioner, bring an action in the 680 Raised Bill No. 115
804	804
805	805
806	806
807	807	LCO No. 1271 22 of 23
808	808
809	809	superior court for the judicial district of Hartford to enjoin such act, 681
810	810	practice or omission and to seek an order of appropriate remedial 682
811	811	measures. Upon a showing by the commissioner that such person has 683
812	812	engaged in or is about to engage in such act, practice or omission, the 684
813	813	court may issue an order mandating compliance with the provisions of 685
814	814	this section, a permanent or temporary injunction, a restraining order or 686
815	815	other order, as appropriate. 687
816	816	(gg) If two or more persons are responsible for a violation of the 688
817	817	provisions of this section, such persons shall be jointly and severally 689
818	818	liable under this section. 690
819	819	(hh) Any action brought by the Attorney General pursuant to this 691
820	820	section shall have precedence in the order of trial as provided in section 692
821	821	52-191 of the general statutes. 693
822	822	(ii) Upon the effective date of a covered material's stewardship 694
823	823	program, the state intends to occupy the field of regulation for such 695
824	824	covered material's stewardship program consistent with the provisions 696
825	825	of this section. A local government may not adopt an ordinance 697
826	826	establishing, requiring the establishment of or otherwise regulating 698
827	827	stewardship programs for covered materials and, from the effective date 699
828	828	of such program, any ordinance or regulation that violates the 700
829	829	provisions of this subsection shall be void and has no force or effect. 701
830	830	(jj) Nothing in this section shall be construed to impact an entity's 702
831	831	eligibility for any state or local incentive or assistance program to which 703
832	832	such entity is otherwise eligible. 704
833	833	(kk)The Department of Energy and Environmental Protection may 705
834	834	opt into a regional or national collaborative, in lieu of the requirements 706
835	835	in this section, if the regional or national program addresses the same or 707
836	836	similar covered materials and purpose of this section. 708
837	837	(ll) At such time as an enforceable federal covered materials 709
838	838	stewardship program is implemented, not later than one hundred 710
839	839	eighty days after the effective date of such federal program, the 711 Raised Bill No. 115
840	840
841	841
842	842
843	843	LCO No. 1271 23 of 23
844	844
845	845	Department of Energy and Environmental Protection shall determine 712
846	846	the applicability of such federal program with the requirements of this 713
847	847	section and may adopt participation in such federal program, in lieu of 714
848	848	the requirements of this section if the federal program addresses the 715
849	849	same or similar covered materials and purpose of this section. 716
850	850	(mm) No registered stewardship organization shall create any 717
851	851	unreasonable barrier for participation by responsible parties in such 718
852	852	stewardship organization. 719
853	853	(nn) Nothing in this act shall be construed to prohibit a person who 720
854	854	is not a responsible party from voluntarily participating in a 721
855	855	stewardship organization provided such person complies with all 722
856	856	requirements of this section. 723
857	857	(oo) The Department of Energy and Environmental Protection may 724
858	858	suspend or revoke a responsible party or stewardship organization's 725
859	859	approved plan if the department determines that (1) a violation or 726
860	860	repeated violations of this section occurred, or (2) such a violation had 727
861	861	a material impact on the implementation and administration of the 728
862	862	responsible party's or stewardship organization's plan. 729
863	863	This act shall take effect as follows and shall amend the following
864	864	sections:
865	865
866	866	Section 1 October 1, 2022 New section
867	867
868	868	Statement of Purpose:
869	869	To establish a stewardship program for the collection and recycling of
870	870	consumer packaging.
871	871	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
872	872	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
873	873	underlined.]