Connecticut 2022 Regular Session

Connecticut Senate Bill SB00118 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00118-R01-
4		-	SB.docx
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	3	+	LCO No. 1042 1 of 4
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7		-	General Assembly ~~Substitute~~ Bill No. 118
	5	+	General Assembly Raised Bill No. 118
8	6		February Session, 2022
	7	+	LCO No. 1042
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	9	+
	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
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14	19		AN ACT CONCERNING THE USE OF CERTAIN POLYSTYRENE
15	20		PRODUCTS.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. (NEW) (Effective from passage) Not later than July 1, 2023, 1
20	25		each school district, regional school district, regional vocational 2
21	26		technical school and constituent unit of higher education shall develop 3
22	27		a plan for discontinuing the use in such district, school or constituent 4
23	28		unit, as applicable, of trays made from expanded polystyrene. Such plan 5
24	29		shall require the district, school or constituent unit, as applicable, to 6
25	30		discontinue such use not later than July 1, 2024, and to prepare for the 7
26	31		termination or amendment of any contract for the purchase of such trays 8
27	32		not later than July 1, 2023. Nothing in this section shall be construed to 9
28	33		require the development of such plan in any school district, regional 10
29	34		school district, regional vocational technical school or constituent unit 11
30	35		of higher education that discontinues the use of such trays in such 12
31	36		school district, school or constituent unit prior to July 1, 2023. For 13
32	37		purposes of this section, "expanded polystyrene" means blown 14
33	38		polystyrene and expanded and extruded foams that are thermoplastic 15
34		-	petrochemical materials utilizing a styrene monomer and processed by 16
	39	+	petrochemical materials utilizing a styrene monomer and processed by 16 Raised Bill No. 118
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	43	+	LCO No. 1042 2 of 4
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35	45		any number of techniques, including, but not limited to, fusion of 17
36	46		polymer spheres, injection molding, foam molding and extrusion-blown 18
37		-	molding. 19 Substitute Bill No. 118
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	47	+	molding. 19
44	48		Sec. 2. (NEW) (Effective July 1, 2024) (a) For purposes of this section: 20
45	49		(1) "Consumer" means any business invitee of a restaurant or caterer; 21
46	50		(2) "Expanded polystyrene" means blown polystyrene and expanded 22
47	51		and extruded foams that are thermoplastic petrochemical materials 23
48	52		utilizing a styrene monomer and processed by any number of 24
49	53		techniques, including, but not limited to, fusion of polymer spheres, 25
50	54		injection molding, foam molding and extrusion-blown molding; 26
51	55		(3) "Single-use container" means any container made of expanded 27
52	56		polystyrene intended for the containment of food or beverage provided 28
53	57		by a restaurant or caterer to a consumer and customarily disposed of by 29
54	58		the consumer after such use; 30
55	59		(4) "Restaurant" has the same meaning as provided in subsection (b) 31
56	60		of section 19a-342 of the general statutes; and 32
57	61		(5) "Caterer" has the same meaning as "catering food service 33
58	62		establishment", as provided in section 19a-36g of the general statutes. 34
59	63		(b) (1) No owner or operator of a restaurant or catering business shall 35
60	64		provide or distribute a single-use container to a consumer. 36
61	65		(2) Any owner or operator who violates the provisions of this section 37
62	66		for a first violation shall be issued a warning. Any owner or operator 38
63	67		who violates the provisions of this section shall be fined two hundred 39
64	68		dollars for a second violation, five hundred dollars for a third violation 40
65	69		and one thousand dollars for a fourth or any subsequent violation. No 41
66	70		such owner or operator may be issued more than one violation per day. 42
67	71		(c) The provisions of this section shall not be construed to prohibit the 43
68	72		provision or distribution of a single-use container that is: (1) Filled and 44
69		-	sealed prior to receipt by a restaurant or caterer and that is subsequently 45
	73	+	sealed prior to receipt by a restaurant or caterer and that is subsequently 45 Raised Bill No. 118
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	77	+	LCO No. 1042 3 of 4
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70	79		sold to a consumer, or (2) utilized by a butcher or store to contain raw 46
71	80		meat, including, but not limited to, beef, poultry, seafood or pork that is 47
72		-	sold to a consumer. 48 Substitute Bill No. 118
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	81	+	sold to a consumer. 48
79	82		(d) Any local health department or health district or agent of the 49
80		-	~~Department~~ of Public Health, Consumer Protection or Energy and 50
	83	+	Departments of Public Health, Consumer Protection and Energy and 50
81	84		Environmental Protection may enforce the provisions of this section. In 51
82	85		the event of enforcement by a local health department or health district, 52
83	86		one-half of any fine imposed pursuant to this section shall be remitted 53
84	87		to the municipality where such violation occurred. 54
85	88		(e) Not later than February 1, 2025, the Commissioners of Public 55
86	89		Health, Consumer Protection and Energy and Environmental Protection 56
87	90		shall jointly submit a report, in accordance with the provisions of section 57
88	91		11-4a of the general statutes, to the joint standing committees of the 58
89	92		General Assembly having cognizance of matters relating to the 59
90	93		environment, public health and consumer protection on the 60
91	94		enforcement of the provisions of this section and the need to establish a 61
92	95		hardship waiver from the provisions of this section for any restaurant 62
93	96		or caterer with a demonstrated financial hardship directly caused by the 63
94	97		provisions of this section. 64
95	98		(f) Nothing in this section shall be construed to prohibit the 65
96	99		manufacture of single-use containers in this state or the sale of such 66
97	100		single-use containers by a person other than a restaurant or caterer. 67
98		-	(g) Nothing in this section shall be construed to preempt any 68
99		-	municipal ordinance that is more restrictive than the provisions of this 69
100		-	section concerning the provision or distribution of a single-use container 70
101		-	by an owner or operator of a restaurant or catering business to a 71
102		-	consumer. 72
103	101		This act shall take effect as follows and shall amend the following
104	102		sections:
105	103
106	104		Section 1 from passage New section
107	105		Sec. 2 July 1, 2024 New section
108	106
109		-	ENV Joint Favorable Subst.
	107	+	Statement of Purpose:
	108	+	To discontinue the use of certain polystyrene trays in schools and certain
	109	+	polystyrene containers for food from restaurants.
	110	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	111	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	112	+	underlined.] Raised Bill No. 118
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	116	+	LCO No. 1042 4 of 4
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110	118