CT
Connecticut House Bill HB05577

Connecticut 2023 Regular Session

Connecticut House Bill HB05577 Compare Versions

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7-General Assembly Substitute Bill No. 5577
5+General Assembly Committee Bill No. 5577
86 January Session, 2023
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109
10+Referred to Committee on ENVIRONMENT
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12+
13+Introduced by:
14+(ENV)
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1216
1317
1418 AN ACT CONCERNING SURPLUS FOOD DONATION AND
1519 ESTABLISHING FOOD COMPOSTING REQUIREMENTS.
1620 Be it enacted by the Senate and House of Representatives in General
1721 Assembly convened:
1822
1923 Section 1. Section 22a-226e of the general statutes is repealed and the 1
2024 following is substituted in lieu thereof (Effective October 1, 2023): 2
21-(a) (1) On and after January 1, 2014, each commercial food 3
22-wholesaler or distributor, industrial food manufacturer or processor, 4
23-supermarket, resort or conference center that is located not more than 5
24-twenty miles from an authorized source-separated organic material 6
25-composting facility and that generates an average projected volume of 7
26-not less than one hundred four tons per year of source-separated 8
27-organic materials shall: (A) Separate such source-separated organic 9
28-materials from other solid waste; and (B) ensure that such source-10
29-separated organic materials are recycled at any authorized source-11
30-separated organic material composting facility that has available 12
31-capacity and that will accept such source-separated organic material. 13
32-(2) On and after January 1, 2020, each commercial food wholesaler 14
33-or distributor, industrial food manufacturer or processor, supermarket, 15
25+(a) (1) On and after January 1, 2014, each commercial food wholesaler 3
26+or distributor, industrial food manufacturer or processor, supermarket, 4
27+resort or conference center that is located not more than twenty miles 5
28+from an authorized source-separated organic material composting 6
29+facility and that generates an average projected volume of not less than 7
30+one hundred four tons per year of source-separated organic materials 8
31+shall: (A) Separate such source-separated organic materials from other 9
32+solid waste; and (B) ensure that such source-separated organic materials 10
33+are recycled at any authorized source-separated organic material 11
34+composting facility that has available capacity and that will accept such 12
35+source-separated organic material. 13
36+(2) On and after January 1, 2020, each commercial food wholesaler or 14
37+distributor, industrial food manufacturer or processor, supermarket, 15
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3443 resort or conference center that is located not more than twenty miles 16
3544 from an authorized source-separated organic material composting 17
36-facility and that generates an average projected volume of not less than 18 Substitute Bill No. 5577
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45+facility and that generates an average projected volume of not less than 18
4346 fifty-two tons per year of source-separated organic materials shall: (A) 19
4447 Separate such source-separated organic materials from other solid 20
4548 waste; and (B) ensure that such source-separated organic materials are 21
4649 recycled at any authorized source-separated organic material 22
47-composting facility that has available capacity and that will accept 23
48-such source-separated organic material. 24
49-(3) On and after January 1, 2022, each commercial food wholesaler 25
50-or distributor, industrial food manufacturer or processor, supermarket, 26
50+composting facility that has available capacity and that will accept such 23
51+source-separated organic material. 24
52+(3) On and after January 1, 2022, each commercial food wholesaler or 25
53+distributor, industrial food manufacturer or processor, supermarket, 26
5154 resort or conference center that is located not more than twenty miles 27
5255 from an authorized source-separated organic material composting 28
5356 facility and that generates an average projected volume of not less than 29
54-twenty-six tons per year of source-separated organic materials shall: 30
55-(A) Separate such source-separated organic materials from other solid 31
57+twenty-six tons per year of source-separated organic materials shall: (A) 30
58+Separate such source-separated organic materials from other solid 31
5659 waste; and (B) ensure that such source-separated organic materials are 32
5760 recycled at any authorized source-separated organic material 33
58-composting facility that has available capacity and that will accept 34
59-such source-separated organic material. 35
61+composting facility that has available capacity and that will accept such 34
62+source-separated organic material. 35
6063 (b) Any such wholesaler, distributor, manufacturer, processor, 36
6164 supermarket, resort or conference center that performs composting of 37
6265 source-separated organic materials on site or treats source-separated 38
6366 organic materials via on-site organic treatment equipment permitted 39
6467 pursuant to the general statutes or federal law shall be deemed in 40
6568 compliance with the provisions of this section. 41
6669 (c) Any permitted source-separated organic material composting 42
6770 facility that receives such source-separated organic materials shall 43
68-report to the Commissioner of Energy and Environmental Protection, 44
69-as part of such facility's reporting obligations, a summary of fees 45
70-charged for receipt of such source-separated organic materials. 46
71-(d) Not later than January 1, [2022] 2024, the Commissioner of 47
72-Energy and Environmental Protection shall [establish a voluntary pilot 48
73-program for any] require each municipality [that seeks] to separate 49
74-source-separated organic materials and ensure that such source-50 Substitute Bill No. 5577
71+report to the Commissioner of Energy and Environmental Protection, as 44
72+part of such facility's reporting obligations, a summary of fees charged 45
73+for receipt of such source-separated organic materials. 46
74+(d) Not later than January 1, [2022] 2024, the Commissioner of Energy 47
75+Committee Bill No. 5577
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81-separated organic materials are recycled at authorized source-51
82-separated organic material composting facilities that have available 52
83-capacity and that will accept such source-separated organic material. 53
80+and Environmental Protection shall [establish a voluntary pilot program 48
81+for any] require each municipality [that seeks] to separate source-49
82+separated organic materials and ensure that such source-separated 50
83+organic materials are recycled at authorized source-separated organic 51
84+material composting facilities that have available capacity and that will 52
85+accept such source-separated organic material. 53
8486 (e) Notwithstanding the provisions of subsections (a) and (b) of this 54
85-section, each commercial food wholesaler or distributor, industrial 55
86-food manufacturer or processor, supermarket, resort or conference 56
87-center in this state shall adopt a written policy describing a food 57
88-donation program that: 58
89-(1) Is designed to reduce such wholesaler's, distributor's, 59
90-manufacturer's, processor's, supermarket's, resort's or conference 60
91-center's food waste, support the operations of food relief organizations 61
92-and ensure that all food donated by such wholesaler, distributor, 62
93-manufacturer, processor, supermarket, resort or conference center 63
94-under such policy is safe and fit for human consumption; 64
95-(2) Provides for the education of such wholesaler's, distributor's, 65
96-manufacturer's, processor's, supermarket's, resort's or conference 66
97-center's management and employees regarding the food distribution 67
98-process and the relationship between such process and food insecurity 68
99-and food waste; 69
100-(3) Calls for such wholesaler, distributor, manufacturer, processor, 70
101-supermarket, resort or conference center to make reasonable efforts to 71
102-identify, and partner with, not less than two food relief organizations 72
103-for the purpose of donating excess edible food to such food relief 73
104-organizations prior to any such food becoming source-separated 74
105-organic material, as described in subsections (a) and (b) of this section; 75
87+section, each commercial food wholesaler or distributor, industrial food 55
88+manufacturer or processor, supermarket, resort or conference center in 56
89+this state that is not otherwise required to comply with the provisions 57
90+of subsections (a) and (b) of this section shall adopt a written policy 58
91+describing a food donation program that: 59
92+(1) Is designed to reduce such wholesaler's, distributor's, 60
93+manufacturer's, processor's, supermarket's, resort's or conference 61
94+center's food waste, support the operations of food relief organizations 62
95+and ensure that all food donated by such wholesaler, distributor, 63
96+manufacturer, processor, supermarket, resort or conference center 64
97+under such policy is safe and fit for human consumption; 65
98+(2) Provides for the education of such wholesaler's, distributor's, 66
99+manufacturer's, processor's, supermarket's, resort's or conference 67
100+center's management and employees regarding the food distribution 68
101+process and the relationship between such process and food insecurity 69
102+and food waste; 70
103+(3) Calls for such wholesaler, distributor, manufacturer, processor, 71
104+supermarket, resort or conference center to make reasonable efforts to 72
105+identify, and partner with, not less than two food relief organizations 73
106+for the purpose of donating excess edible food to such food relief 74
107+organizations; 75
106108 (4) Includes a framework to formalize and streamline such 76
107109 wholesaler's, distributor's, manufacturer's, processor's, supermarket's, 77
108110 resort's or conference center's protocols concerning food donation; and 78
109-(5) Includes a process to ensure that the food donated as part of 79
110-such program has significant nutritional value. 80 Substitute Bill No. 5577
111+Committee Bill No. 5577
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117-(f) If multiple supermarkets, resorts or conference centers subject to 81
116+(5) Includes a process to ensure that the food donated as part of such 79
117+program has significant nutritional value. 80
118+(c) If multiple supermarkets, resorts or conference centers subject to 81
118119 the provisions of subsection (b) of this section are under common 82
119-ownership, such supermarkets, resorts or conference centers may 83
120-adopt a common written policy under this section. 84
121-(g) For purposes of this subsection, "food relief organization" has the 85
120+ownership, such supermarkets, resorts or conference centers may adopt 83
121+a common written policy under this section. 84
122+(d) For purposes of this subsection, "food relief organization" has the 85
122123 same meaning as provided in section 38a-313c. 86
123124 Sec. 2. Section 22a-241b of the general statutes is repealed and the 87
124-following is substituted in lieu thereof (Effective from passage): 88
125+following is substituted in lieu thereof (Effective October 1, 2023): 88
125126 (a) (1) On or before February 1, 1988, the Commissioner of Energy 89
126127 and Environmental Protection shall adopt regulations in accordance 90
127128 with the provisions of chapter 54 designating items that are required to 91
128-be recycled. The commissioner may designate other items as suitable 92
129-for recycling and amend such regulations accordingly. 93
129+be recycled. The commissioner may designate other items as suitable for 92
130+recycling and amend such regulations accordingly. 93
130131 (2) On or before October 1, 2011, the Commissioner of Energy and 94
131132 Environmental Protection shall amend the regulations adopted 95
132133 pursuant to subdivision (1) of this subsection to expand the list of 96
133-designated recyclable items to add (A) containers of three gallons or 97
134-less made of polyethylene terephthalate plastic and high-density 98
134+designated recyclable items to add (A) containers of three gallons or less 97
135+made of polyethylene terephthalate plastic and high -density 98
135136 polyethylene plastic, and (B) additional types of paper, including, but 99
136-not limited to, boxboard, magazines, residential high-grade white 100
137-paper and colored ledger. On or before October 1, 2023, the 101
138-commissioner shall amend the regulations adopted pursuant to 102
139-subdivision (1) of this subsection to expand the list of designated 103
140-recyclable items to add food scraps. Such regulations shall include best 104
141-practices for residential customers to separate food scraps from other 105
142-solid waste and other items designated as recyclable pursuant to this 106
143-subsection. 107
144-(b) Any designated recyclable item shall be recycled by a 108
145-municipality within six months of the availability of service to such 109
146-municipality by a regional processing center or local processing 110
147-system, including, but not limited to, an authorized source-separated 111 Substitute Bill No. 5577
137+not limited to, boxboard, magazines, residential high-grade white paper 100
138+and colored ledger. On or before October 1, 2023, the commissioner shall 101
139+amend the regulations adopted pursuant to subdivision (1) of this 102
140+subsection to expand the list of designated recyclable items to add food 103
141+scraps. Such regulations shall include best practices for residential 104
142+customers to separate food scraps from other solid waste and other 105
143+items designated as recyclable pursuant to this subsection. 106
144+(b) Any designated recyclable item shall be recycled by a 107
145+municipality within six months of the availability of service to such 108
146+Committee Bill No. 5577
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154-organic material composting facility or a composting facility. 112
155-(c) Each person who generates solid waste from residential property 113
156-shall, in accordance with subsection (f) of section 22a-220, separate 114
157-from other solid waste the items designated for recycling pursuant to 115
158-[subdivision (1) of] subsection (a) of this section. 116
159-(d) Every person who generates solid waste from a property other 117
160-than a residential property shall, in accordance with subsection (f) of 118
161-section 22a-220, make provision for and cause the separation from 119
162-other solid waste of the items designated for recycling pursuant to 120
163-[subdivision (1) of] subsection (a) of this section through the use of one 121
164-or more collection containers for designated recyclable items that are 122
165-separate from the collection containers for other solid waste. Collection 123
166-containers that have been used for the collection of solid waste may be 124
167-converted to containers for the collection of designated recyclable 125
168-items by labeling or other means to identify that such container is 126
169-dedicated to collecting designated recyclable items. On and after July 127
170-1, 2012, the provisions of this subsection shall also apply to items 128
171-designated for recycling pursuant to subdivision (2) of subsection (a) 129
172-of this section. On and after October 1, 2023, the provisions of this 130
173-subsection shall also apply to food scraps. 131
174-(e) No person shall knowingly combine previously segregated 132
175-designated recyclable items with other solid waste. 133
176-(f) For the purposes of this section, "boxboard" means a lightweight 134
177-paperboard made from a variety of recovered fibers having sufficient 135
178-folding properties and thickness to be used to manufacture folding or 136
179-set-up boxes. 137
180-Sec. 3. Section 22a-241i of the general statutes is repealed and the 138
181-following is substituted in lieu thereof (Effective October 1, 2023): 139
182-Notwithstanding any other sections of the general statutes to the 140
183-contrary, a municipality may impose a penalty not to exceed: [five] (1) 141
184-Five hundred dollars for each violation by a commercial establishment 142 Substitute Bill No. 5577
151+municipality by a regional processing center or local processing system, 109
152+including, but not limited to, an authorized source-separated organic 110
153+material composting facility or a composting facility. 111
154+(c) Each person who generates solid waste from residential property 112
155+shall, in accordance with subsection (f) of section 22a-220, separate from 113
156+other solid waste the items designated for recycling pursuant to 114
157+[subdivision (1) of] subsection (a) of this section. 115
158+(d) Every person who generates solid waste from a property other 116
159+than a residential property shall, in accordance with subsection (f) of 117
160+section 22a-220, make provision for and cause the separation from other 118
161+solid waste of the items designated for recycling pursuant to 119
162+[subdivision (1) of] subsection (a) of this section through the use of one 120
163+or more collection containers for designated recyclable items that are 121
164+separate from the collection containers for other solid waste. Collection 122
165+containers that have been used for the collection of solid waste may be 123
166+converted to containers for the collection of designated recyclable items 124
167+by labeling or other means to identify that such container is dedicated 125
168+to collecting designated recyclable items. On and after July 1, 2012, the 126
169+provisions of this subsection shall also apply to items designated for 127
170+recycling pursuant to subdivision (2) of subsection (a) of this section. On 128
171+and after July 1, 2023, the provisions of this subsection shall also apply 129
172+to food scraps. 130
173+(e) No person shall knowingly combine previously segregated 131
174+designated recyclable items with other solid waste. 132
175+(f) For the purposes of this section, "boxboard" means a lightweight 133
176+paperboard made from a variety of recovered fibers having sufficient 134
177+folding properties and thickness to be used to manufacture folding or 135
178+set-up boxes. 136
179+Sec. 3. Section 22a-241i of the general statutes is repealed and the 137
180+following is substituted in lieu thereof (Effective October 1, 2023): 138
181+Committee Bill No. 5577
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191-of the requirements of subsection [(c)] (d) of section 22a-241b, as 143
192-amended by this act, and (2) fifty dollars for each violation by the 144
193-owner of a residential property of the requirements of subsection (c) of 145
194-section 22a-241b, as amended by this act. 146
186+Notwithstanding any other sections of the general statutes to the 139
187+contrary, a municipality may impose a penalty not to exceed: [five] (1) 140
188+Five hundred dollars for each violation by a commercial establishment 141
189+of the requirements of subsection [(c)] (d) of section 22a-241b, as 142
190+amended by this act, and (2) fifty dollars for each violation by the owner 143
191+of a residential property of the requirements of subsection (c) of section 144
192+22a-241b, as amended by this act. 145
195193 This act shall take effect as follows and shall amend the following
196194 sections:
197195
198196 Section 1 October 1, 2023 22a-226e
199-Sec. 2 from passage 22a-241b
197+Sec. 2 October 1, 2023 22a-241b
200198 Sec. 3 October 1, 2023 22a-241i
201199
202-ENV Joint Favorable Subst.
200+Statement of Purpose:
201+To help households in need of food and reduce food waste in the
202+municipal solid waste stream.
203+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
204+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
205+underlined.]
206+
207+Co-Sponsors: REP. MUSHINSKY, 85th Dist.; REP. MICHEL, 146th Dist.
208+
209+H.B. 5577
210+
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