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