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General Assembly Raised Bill No. 1242
January Session, 2023
LCO No. 6619
Referred to Committee on FINANCE, REVENUE AND
BONDING
Introduced by:
(FIN)
AN ACT CONCERNING WASTE MANAGEMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2023) (a) For the purposes of this 1
section: 2
(1) "Break-even point" means the minimum number of reuses after 3
which a covered material designed for reuse is environmentally 4
preferable to a comparable covered material intended for discard after 5
a single use; 6
(2) "Commissioner" means the Commissioner of Ene rgy and 7
Environmental Protection; 8
(3) "Covered materials" means packaging, packaging-like products 9
and paper materials. "Covered materials" does not include any material 10
that could become unsafe or unsanitary to recycle by virtue of the 11
anticipated use of the material or design of the material, as provided for 12
in the stewardship plan approved pursuant to this section; 13 Raised Bill No. 1242
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(4) "Department" means the Department of Energy and 14
Environmental Protection; 15
(5) "Packaging" means any container or material used for the 16
containment, protection, handling, delivery or presentation of goods 17
that are intended for the consumer market, including through an 18
Internet transaction. "Packaging" does not include: (A) Any container or 19
material used for the multiyear protection or storage of a product; (B) 20
any beverage container subject to the provisions of section 22a-243 of 21
the general statutes; (C) any container for architectural paint, as defined 22
in section 22a-904 of the general statutes, that is recycled through a paint 23
stewardship program that is in operation and that has been approved 24
by the department pursuant to section 22a-904a of the general statutes; 25
or (D) any other containers or materials collected through any other 26
stewardship program; 27
(6) "Packaging-like products" means the following products that are 28
intended for the consumer market, including through an Internet 29
transaction, that are not packaging and are ordinarily discarded after a 30
single use or short-term use, whether or not they could be reused: (A) 31
Food containers, including, but not limited to, take-out food containers, 32
(B) foil and wraps, (C) bags, (D) boxes, (E) straws and items used to stir 33
beverages, (F) utensils, plates, bowls and cups, (G) party supplies, and 34
(H) objects purchased by or supplied to consumers expressly for the 35
purpose of protecting, containing or transporting commodities or 36
products; 37
(7) "Packaging stewardship program" or "program" means a program 38
implemented under this section by a responsible party or stewardship 39
organization; 40
(8) "Paper materials" means paper that is not packaging and that is 41
printed with text or graphics or intended to be printed with text or 42
graphics as a medium for communicating information, including, but 43
not limited to: (A) Newsprint and inserts; (B) magazines and catalogs; 44
(C) paper used for copying, writing or other general use; (D) telephone 45 Raised Bill No. 1242
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directories; (E) flyers; (F) brochures; and (G) booklets. "Paper materials" 46
does not include bound reference, literary or textbooks; 47
(9) "Stewardship plan" or "plan" means a plan described in subsection 48
(e) of this section that describes the manner in which a packaging 49
stewardship program will be administered and operated; 50
(10) "Post-consumer recycled material" means a material or product 51
that was made or manufactured from materials that have completed 52
their intended end use and product life cycle, from households or by 53
commercial, industrial or institutional facilities and that have been 54
separated from the solid waste stream for the purposes of collection and 55
recycling; 56
(11) "Post-consumer recycled content" means the amount of post-57
consumer recyclable material used in the manufacture or production of 58
a new product. "Post-consumer recycled content" does not include 59
preconsumer or post-industrial secondary material, including, but not 60
limited to, by-products or materials generated from, and commonly 61
used within, an original manufacturing and fabrication process; 62
(12) "Reasonable rate" means the funding rate calculated and 63
dispersed by a responsible party or stewardship organization using a 64
formula approved by the Commissioner of Energy and Environmental 65
Protection and that may vary for: (A) Any municipality that elects to 66
collect, transport, process and market covered materials through its own 67
municipal crew or fleet, (B) any municipality that elects to provide for 68
collection, transportation, processing and marketing of covered 69
materials through a contract with a service provider, or (C) a service 70
provider that collects, transports, processes and markets covered 71
materials through a subscription. "Reasonable rate" for a municipality 72
includes consideration of (i) the cost to collect, transport, process and 73
market covered materials, (ii) the cost to collect and transport covered 74
materials, container rental and fund staff at a transfer station, and (iii) 75
population density of the municipality; 76
(13) "Recycling" means the transforming or remanufacturing of a 77 Raised Bill No. 1242
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covered material or a covered material's components and by-products 78
into usable or marketable materials in lieu of virgin materials. 79
"Recycling" does not include landfill disposal, incineration, energy 80
recovery or energy generation by means of combustion, or final 81
conversion to a fuel, of a covered material or covered material's 82
components and by-products. "Recycling" for plastics includes a 83
feedstock that is converted to a raw material that is used for the 84
manufacture of new products; 85
(14) "Recycled" means: (A) For sorted glass, that such material does 86
not require further processing before entering a glass furnace or before 87
use in the production of filtration media, abrasive materials, glass fiber 88
insulation or construction materials; (B) for sorted metal, that such 89
material does not require further processing before entering a smelter 90
or furnace; (C) for sorted paper, that such material does not require 91
further processing before entering a pulping operation; and (D) for 92
sorted plastic, that such material does not require further processing 93
before entering a pelletization, extrusion or molding operation or, in the 94
case of plastic flakes, that such material does not require further 95
processing before use in a final product; 96
(15) "Responsible party" means any person that is determined to be 97
the responsible party for a covered material, as described in subsection 98
(b) of this section; 99
(16) "Retailer" means any person who sells or offers for sale a product 100
to a consumer, including sales made through an Internet transaction to 101
be delivered to a consumer in this state; 102
(17) "Reuse" or "reusable" means, with respect to a covered material, 103
that the covered material (A) is capable of being refilled or reused for its 104
original purpose and the responsible party or a designated third party 105
for that covered material provides a program for the consumer to refill 106
the covered material; or (B) the responsible party or a designated third 107
party for that covered material provides a program where the covered 108
material is collected and refilled or reused by the responsible party or 109 Raised Bill No. 1242
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another responsible party, provided such program meets or exceeds any 110
recovery, recycling and reuse performance goals established pursuant 111
to this section and such covered materials are designed to be reused and 112
refilled within the material's life cycle to the break-even point with a 113
comparable discarded covered material; and 114
(18) "Stewardship organization" means a nonprofit organization, 115
association or entity that assumes the responsibilities, obligations and 116
liabilities under this section of multiple responsible parties for covered 117
materials. 118
(b) The responsible party for a covered material shall be determined 119
as follows: 120
(1) For covered materials sold, offered for sale or distributed at a 121
physical retail location in the state: (A) The responsible party is the 122
person who manufactures the covered material or good sold in covered 123
material if the covered material or good is sold under the manufacturer's 124
own brand or is sold in covered materials that lack identification of a 125
brand; (B) if the covered material or good is manufactured by a person 126
other than the brand owner, the responsible party is the person that is 127
the licensee of a brand or trademark under which the covered material 128
or good is used in a commercial enterprise, sold, offered for sale or 129
distributed in or into this state, whether or not the trademark is 130
registered in this state; and (C) if there is no person described in 131
subparagraph (A) or (B) of this subdivision within the United States, the 132
responsible party is the person that imports the covered material or 133
good into the United States for use in a commercial enterprise that sells, 134
offers for sale or distributes the covered material or good into this state. 135
(2) For covered materials sold or distributed in or into this state via 136
remote sale or distribution: (A) The responsible party for a covered 137
material used to directly protect or contain a good, whether or not the 138
good is a covered material, is the same as the responsible party for 139
purposes of subdivision (1) of this subsection, and (B) the responsible 140
party for the covered material used to ship a good to a consumer, 141 Raised Bill No. 1242
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whether or not the good is a covered material, is the person that offers 142
the good for sale or distribution if there is not otherwise an identified 143
brand that appears on the covered material. 144
(c) On or before January 1, 2025, any responsible party or stewardship 145
organization authorized to operate and administer a program on its 146
behalf that intends to submit a stewardship plan pursuant to subsection 147
(e) of this section shall register with the Commissioner of Energy and 148
Environmental Protection, provided any responsible party or 149
stewardship organization operating on behalf of responsible parties 150
may submit a registration for approval to the commissioner in 151
accordance with this subsection after January 1, 2025. A responsible 152
party shall only participate in one stewardship organization for each of 153
such party's type of covered material. Such registration shall be on a 154
form prescribed by the commissioner and shall: (1) Identify each 155
responsible party that intends to authorize the stewardship 156
organization to operate and administer a program on its behalf, (2) 157
provide the name, address and contact information of any person 158
responsible for ensuring the responsible party or stewardship 159
organization and the responsible parties that have authorized the 160
stewardship organization to operate a program on such parties' behalf 161
comply with the requirements of this section, and (3) describe a scope of 162
work for a study conducted by a third party that the responsible party 163
or stewardship organization intends to fund to assess recycling and 164
covered materials management needs in the state. Such scope of work 165
may build on the plan developed pursuant to section 22a-228 of the 166
general statutes to assess (A) the current rates of recycling for each 167
covered material with regard to the performance goals described in this 168
section, to the extent available, (B) current funding needs affecting 169
recycling access and availability in the state, (C) the capacity, costs and 170
needs associated with the collection, transportation and processing of 171
covered materials in the state, (D) the net cost of end-of-life management 172
of discarded covered materials, including the cost of collection, 173
transportation and processing of recyclables and municipal solid waste 174
incinerated or landfilled inside or outside the state, (E) the availability 175 Raised Bill No. 1242
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of opportunities in the recycling and reuse systems for minority and 176
women-owned businesses, (F) barriers affecting recycling access and 177
availability in the state, (G) barriers to the marketability of recyclable 178
materials generated in the state, (H) opportunities for the creation of 179
packaging reuse and refill programs in the state, and (I) consumer 180
education needs in the state with respect to recycling and reducing 181
contamination in collected covered materials. The commissioner shall 182
make a determination whether to approve the scope of work required 183
by subdivision (3) of this subsection. In the event that the commissioner 184
disapproves such scope of work because it does not meet the 185
requirements of said subdivision, the commissioner shall notify, in 186
writing, the responsible party or stewardship organization of the 187
reasons for disapproval. The responsible party or stewardship 188
organization shall revise and resubmit the scope of work to the 189
commissioner not later than thirty days after receipt of notice of the 190
commissioner's disapproval notice. Not later than thirty days after 191
receipt of the revised scope of work, the commissioner shall review and 192
approve or disapprove the revised scope of work, and provide a notice 193
of determination to the responsible party or stewardship organization. 194
The responsible party or stewardship organization may resubmit a 195
revised scope of work to the commissioner for approval on not more 196
than one occasion. If the responsible party or stewardship organization 197
fails to submit a scope of work that is acceptable to the commissioner 198
because it does not meet the requirements of subdivision (3) of this 199
subsection, the commissioner shall modify a submitted scope of work to 200
make it conform to the requirements of said subdivision and approve it. 201
In deciding whether to approve any such scope of work, the 202
commissioner may consider prior registrations submitted by any 203
responsible party or stewardship organization. After the commissioner 204
approves a scope of work for a study, the responsible party or 205
stewardship organization shall cause such study to be conducted. 206
(d) (1) Not later than one hundred eighty days after a responsible 207
party or stewardship organization registers with the Commissioner of 208
Energy and Environmental Protection, the responsible party or 209 Raised Bill No. 1242
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stewardship organization shall establish and nominate members to an 210
advisory committee to advise and provide comment to the responsible 211
party or stewardship organization regarding any plan prior to approval, 212
and any substantive changes to a program prior to submission in 213
accordance with the provisions of this section. Such advisory committee 214
shall meet not less than once a year or more frequently as needed, and 215
shall review any plans, revisions to a plan or substantive changes to a 216
plan prior to submission of such plan, revisions or changes to the 217
commissioner in accordance with the provisions of this section. The 218
advisory committee shall assume the responsibilities assigned to it 219
under this section for any and all subsequent responsible parties or 220
stewardship organizations. 221
(2) Any such advisory committee shall include, at a minimum (A) the 222
Commissioner of Energy and Environmental Protection, or the 223
commissioner's designee, (B) a representative from a municipal 224
association or municipal government, (C) a representative of a regional 225
or municipal waste management program, (D) an individual with 226
expertise in the development of recycling markets, (E) a representative 227
of a materials recycling facility located in the state, (F) a representative 228
of waste haulers or a regional waste management and recycling 229
organization, (G) a representative of a state-wide retail association, (H) 230
a representative of a nonprofit environmental advocacy organization, (I) 231
a representative of a community-based organization or an organization 232
representing equity and underrepresented stakeholders, (J) a 233
representative of a nonprofit organization dedicated to litter cleanup, 234
(K) an individual with expertise in environmental and human health, 235
(L) a representative of a manufacturer of packaging, (M) a 236
representative of a material supplier, and (N) a representative of 237
responsible parties. 238
(3) The Commissioner of Energy and Environmental Protection shall 239
approve all nominations to any such advisory committee and may add 240
new members to such advisory committee at the commissioner's 241
discretion. The commissioner may not approve an advisory committee 242
member to fulfill more than one of the membership categories provided 243 Raised Bill No. 1242
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for in subdivision (2) of this subsection. 244
(e) On or before January 1, 2026, a responsible party or a stewardship 245
organization authorized to operate and administer a program on behalf 246
of responsible parties shall submit a stewardship plan for the 247
establishment of a packaging stewardship program described in this 248
subsection to the Commissioner of Energy and Environmental 249
Protection for approval. Any such packaging stewardship program 250
shall: (1) Minimize public sector involvement in the management of 251
covered materials, (2) to the greatest extent technologically feasible and 252
economically practical, manage covered materials in accordance with 253
the sustainable materials management priority provided for in 254
subsection (b) of section 22a-228 of the general statutes, (3) minimize 255
greenhouse gas emissions from the life cycles of covered materials and 256
from program operation, (4) negotiate and execute agreements to 257
collect, transport and process covered materials using environmentally 258
sound management practices, (5) provide for convenient and accessible 259
state-wide collection of covered materials that shall be at least as 260
convenient as the collection methods used as of the effective date of this 261
section, (6) ensure meaningful and continuous improvement of the 262
program, (7) develop and equitably assign to responsible parties a fee 263
sufficient to cover the costs of operating and administering the program 264
consistent with the requirements of this section, (8) provide technical 265
assistance to municipalities, regional associations, waste and recycling 266
collectors, transporters and processors and any other entity that 267
participates in the packaging stewardship program, as needed to 268
achieve compliance with the performance goals described in this 269
section, (9) provide for investment in existing and future reuse 270
programs, recycling infrastructure and end-market development in the 271
state, as needed to achieve compliance with the performance goals 272
described in this section, (10) provide consistent and ongoing outreach, 273
education and communication to consumers throughout the state 274
regarding participation in the program, and (11) for covered materials, 275
ensure compliance with sections 22a-255h to 22a-255m, inclusive, of the 276
general statutes and ensure continuous and meaningful reduced 277 Raised Bill No. 1242
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toxicity of covered materials. 278
(f) Any stewardship plan submitted pursuant to this section shall be 279
submitted on a form prescribed by the Commissioner of Energy and 280
Environmental Protection and shall: (1) Identify each responsible party 281
that authorized the stewardship organization to operate and administer 282
the program on the party's behalf and the brands and types of covered 283
materials of the responsible parties participating in the stewardship 284
organization, (2) provide the name, address and contact information of 285
each person responsible for ensuring the stewardship organization and 286
the responsible parties that have authorized the stewardship 287
organization to operate such program on their behalf in compliance 288
with the provisions of this section, (3) include the results from the study 289
conducted pursuant to subsection (c) of this section, (4) describe how 290
the program will fund the net costs associated with the collection, 291
transportation, processing and marketing of covered materials, 292
including payments to public and private entities at a reasonable rate, 293
(5) propose state-wide performance goals, and a justification for each 294
goal, for each type of covered material sold in the state to be achieved 295
not later than five years after the implementation date of the program. 296
Such performance goals shall be technologically feasible and 297
economically practical and shall include (A) a minimum reduction rate 298
measured as the total reduction in the amount of each type of covered 299
material, (B) a minimum reuse rate measured as the total amount of each 300
type of covered material exempted from the program through transition 301
to a reuse program, (C) a minimum recovery rate measured as the total 302
amount of each type of covered material divided by the tons of such 303
type of covered material recovered through collection, (D) a minimum 304
recycling rate measured as the total amount of each type of covered 305
material divided by the tons of such type of covered material managed 306
through recycling, (E) a minimum post-consumer recycled content rate 307
measured as the percentage of total tons of each type of covered material 308
manufactured using post-consumer recycled content over a year, and 309
(F) a minimum contamination rate for recycling collection measured as 310
the percentage of total covered materials collected divided by the 311 Raised Bill No. 1242
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amount of covered materials disposed after collection, (6) describe the 312
general process for state-wide, year-round convenient and accessible 313
collection and transportation of covered materials, including collection 314
from residences, multifamily apartment buildings, public spaces and 315
transfer stations and other residential recycling collection locations. 316
Such collection shall be at least as convenient as the system utilized as 317
of the effective date of this section and shall be provided at no cost to 318
residences and multifamily apartment buildings from which covered 319
materials are collected. Accessible collection of covered materials shall 320
include arrangement for the diverse physical and language needs of a 321
certain population, (7) describe how collected covered materials will be 322
processed, including the names of contracted facilities and end markets. 323
For any covered material that will be marketed for use through a 324
method other than mechanical recycling, the plan shall describe: (A) 325
How the proposed method will affect the ability of the material to be 326
recycled into feedstock for the manufacture of new products, (B) how 327
the proposed method will affect the types and amounts of plastic 328
recycled for food and pharmaceutical-grade applications, (C) any 329
applicable air, water and waste permitting compliance requirements, 330
and (D) an analysis of the environmental impacts for the proposed 331
method compared to the environmental impacts of mechanical 332
recycling, incineration and landfill disposal as solid waste, (8) describe 333
how the program will provide technical assistance to municipalities, 334
regional associations, waste and recycling collectors, transporters and 335
processors and other entities that participate in the stewardship 336
program, (9) describe how the program will abate covered materials 337
litter in the state. Such program shall not include payments for litter 338
cleanup, but may include, but not be limited to, grants to nonprofits for 339
litter collection programs in the state, sponsorships and serving as 340
advisors to such nonprofits and litter prevention, reduction and 341
education programs, (10) describe how the program intends to provide 342
consistent and ongoing outreach, education and communication to 343
consumers throughout the state regarding participation in the program. 344
To the greatest extent feasible, the program shall ensure that any 345
educational materials developed for the program have consistent 346 Raised Bill No. 1242
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branding and are consistent with RecycleCT Foundation educational 347
messaging and materials, and that educational materials are developed 348
to have applicability to all residents of the state, including, but not 349
limited to, residents with varying methods of collection of covered 350
materials, residents with multilingual needs, residents who live in 351
single-family or multifamily housing and residents who are 352
underserved by traditional methods of communication, (11) describe 353
how the program intends to provide for investment in existing and 354
future reuse programs, recycling infrastructure and end-market 355
development in the state, (12) include a description of a closure plan that 356
shall ensure that in the event the stewardship organization ceases to 357
exist or the commissioner suspends or revokes approval of an 358
implemented plan, the funds held by the stewardship organization will 359
(A) remain within a separate fund until the commissioner renews 360
approval of a plan, or (B) be transferred to a successor stewardship 361
organization, (13) if more than one responsible party or stewardship 362
organization registers with the commissioner to carry out the 363
requirements of this section, describe how each responsible party or 364
stewardship organization that submits a plan for approval intends to 365
collaborate with other responsible parties or product stewardship 366
organizations in the state, (14) describe how the responsible party or 367
stewardship organization intends to address the program needs 368
assessed through the approved study conducted pursuant to subsection 369
(c) of this section, and (15) include any other information required by 370
the commissioner. 371
(g) Nothing in this section shall preclude additional responsible 372
parties or stewardship organizations authorized to operate and 373
administer a program on behalf of responsible parties from submitting 374
plans for approval to the commissioner in accordance with this section 375
after January 1, 2025, provided a responsible party shall authorize only 376
one stewardship organization per type of covered material. 377
(h) Any stewardship organization, authorized by a responsible party 378
to operate and administer a program on its behalf, shall establish a fee 379
structure that covers, but does not exceed, the costs of (1) developing the 380 Raised Bill No. 1242
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plan described in subsection (f) of this section, (2) operating and 381
administering the program described in subsection (e) of this section, 382
and (3) maintaining a financial reserve sufficient to operate the program 383
over a multiyear period of time in a fiscally prudent and responsible 384
manner. Such stewardship organization may update the fee schedule no 385
more than annually as needed, or as directed by the Commissioner of 386
Energy and Environmental Protection if the commissioner determines 387
that the modulations are insufficient to incentivize program or covered 388
materials redesign. Such fee schedule shall: (A) Reflect a responsible 389
party's share of covered materials sold in the state, (B) provide for a flat-390
fee option to be assessed on a tiered basis such that any responsible 391
party other than a responsible party that is exempt and that generates 392
less than fifteen tons of covered materials in a calendar year, is required 393
to pay not more than five hundred dollars per ton of covered materials 394
to the stewardship organization pursuant to this subsection, regardless 395
of the type of covered material, and (C) for responsible parties that are 396
not exempt, reflect the cost to collect, process and market the type of 397
covered material sold in the state by a responsible party. Such fee 398
structure shall include, but not be limited to, modulations to payments 399
in a manner that incentivizes, through increased or reduced fees, the 400
following: (i) The use of covered materials that have a longer life span, 401
(ii) the use of post-consumer recycled content in covered materials, (iii) 402
increased recyclability of covered materials, (iv) lower toxicity in 403
covered materials, (v) a reduction in the amount of covered materials 404
used, (vi) a reduction in the amount of a responsible party's covered 405
materials in litter, (vii) labeling of covered materials in such a way that 406
reduces consumer confusion, (viii) the use of covered materials that are 407
recycled in a country listed as a member of the Organization for 408
Economic Cooperation and Development, (ix) the use of covered 409
materials that do not disrupt recycling processes, and (x) the use of 410
covered materials that have lower associated greenhouse gas emissions. 411
(i) Nothing in this section shall prohibit a stewardship organization 412
from establishing and requiring by private agreement or contract the 413
payment of other fees associated with a covered material's supply chain 414 Raised Bill No. 1242
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by third parties that are not responsible parties. 415
(j) Not later than one hundred eighty days after submission of a plan 416
pursuant to this section, the Commissioner of Energy and 417
Environmental Protection shall make a determination whether to 418
approve such plan. Prior to making such determination, the 419
commissioner shall post the plan on the Department of Energy and 420
Environmental Protection's Internet web site and accept public 421
comments on the plan. In the event that the commissioner disapproves 422
the plan because it does not meet the requirements of this section, the 423
commissioner shall describe the reasons for the disapproval in a notice 424
of determination that the commissioner shall provide to the responsible 425
party or stewardship organization, as applicable. The responsible party 426
or stewardship organization, as applicable, shall revise and resubmit the 427
plan to the commissioner not later than sixty days after receipt of notice 428
of the commissioner's disapproval notice. Not later than forty-five days 429
after receipt of the revised plan, the commissioner shall review and 430
approve or disapprove the revised plan and notify, in writing, the 431
responsible party or stewardship organization whether the revised plan 432
was approved or disapproved, and if disapproved, indicate the reasons 433
for disapproval. The responsible party or stewardship organization may 434
resubmit a revised plan to the commissioner for approval on not more 435
than two occasions. If the responsible party or stewardship organization 436
fails to submit a plan that is acceptable to the commissioner because it 437
does not meet the requirements of this section, the commissioner shall 438
modify a submitted plan to make it conform to the requirements of this 439
section and approve it. Not later than one hundred eighty days after the 440
approval of a plan pursuant to this section, the responsible party or 441
stewardship organization, as applicable, shall implement the approved 442
plan for a packaging stewardship program. In deciding whether to 443
approve any such plan, the commissioner may consider any of the 444
following: (1) The extent to which the advice and comments provided 445
by the advisory committee to the stewardship organization regarding 446
the plan and the process by which the stewardship organization intends 447
to include advice and comments regarding future program expansions 448 Raised Bill No. 1242
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and improvements and the operation of the program were included in 449
the plan, (2) the ambition and achievability of performance goals in such 450
plan subdivision, including: (A) The specificity of material types, and 451
(B) the performance goals set in other jurisdictions, (3) the timeliness 452
and effectiveness of the plan to achieve the requirements of this section, 453
(4) whether the funding mechanism described in the plan by the 454
stewardship organization is reasonable and adequate to fund the costs 455
of such program in accordance with the provisions of this section, and 456
(5) the extent to which the plan adequately promotes the sustainable 457
materials management priority set forth in subsection (b) of section 22a-458
228 of the general statutes and moves covered materials higher up the 459
sustainable materials management prioritization. 460
(k) Each responsible party or stewardship organization, as 461
applicable, shall submit any proposed substantive changes to a program 462
to the Commissioner of Energy and Environmental Protection for 463
approval and present said substantive changes to the applicable 464
advisory committee for comment. For the purposes of this subsection, 465
"substantive change" means: (1) A change in the processing facilities to 466
be used for covered materials collected pursuant to the program, or (2) 467
a material change to the system for collecting, transporting or 468
processing covered materials. 469
(l) Not later than three years after the implementation date of a 470
program, each responsible party or stewardship organization, as 471
applicable, shall submit updated performance goals to the 472
Commissioner of Energy and Environmental Protection that are based 473
on the experience of the program during the first three years of the 474
program. 475
(m) Each responsible party or stewardship organization, as 476
applicable, shall notify the Commissioner of Energy and Environmental 477
Protection of other material changes to such program on an ongoing 478
basis, without resubmission of the plan to the commissioner for 479
approval. Such changes shall include, but not be limited to, any change 480
in the composition, officers or contact information of such responsible 481 Raised Bill No. 1242
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party or stewardship organization, as applicable. 482
(n) On and after the implementation date of a stewardship program 483
pursuant to this section, a responsible party's covered materials may not 484
be sold in the state unless the covered materials are managed under an 485
approved stewardship plan and the responsible party has submitted all 486
required information and fees to any applicable stewardship 487
organization that is authorized to operate and administer a program on 488
such party's behalf. Any new covered materials sold at retail or sold or 489
distributed through remote sale after the implementation date of a 490
stewardship program pursuant to this section shall be reported to the 491
Commissioner of Energy and Environmental Protection by such 492
stewardship organization. No retailer or distributor shall be found to be 493
in violation of the provisions of this subsection if, on the date the 494
covered material was ordered from the responsible party or its agent, 495
the responsible party was listed on the Department of Energy and 496
Environmental Protection's Internet web site in accordance with the 497
provisions of this section. 498
(o) Not later than October fifteenth of each year, each responsible 499
party or stewardship organization authorized to operate and administer 500
a stewardship program pursuant to this section shall submit an annual 501
report to the Commissioner of Energy and Environmental Protection on 502
a form prescribed by the commissioner. The commissioner shall post 503
such annual report on the Department of Energy and Environmental 504
Protection's Internet web site. Such report shall include: (1) A list of 505
responsible parties and the brands and types of covered materials of the 506
responsible parties participating in any such stewardship organization, 507
(2) the tonnage, by type, of covered materials sold in the state by 508
responsible parties during the prior year, (3) progress made toward 509
achieving the performance goals and an evaluation of the effectiveness 510
of methods and processes used to achieve such performance goals of the 511
program, (4) a description of how such stewardship organization 512
intends to improve the program in line with performance goals, if such 513
evaluation demonstrates the program is not achieving the approved 514
performance goals, (5) the tonnage, by type, of covered materials 515 Raised Bill No. 1242
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managed through: (A) Recycling, (B) disposal, and (C) any other 516
method, (6) a description of how the processes, methods and end-517
markets used to manage each type of covered material promoted the 518
sustainable materials management priority in subsection (b) of section 519
22a-228 of the general statutes, including for covered material that was 520
not managed through recycling, (7) a description of the efforts taken by 521
or on behalf of responsible parties or the stewardship organization, as 522
applicable, to minimize environmental and human health impacts 523
throughout the program operation and covered material life cycle and 524
to increase reusability or recyclability at the end of the material's life 525
cycle, (8) identification of covered materials that could be designed to 526
be refillable or reusable, (9) a detailed description of any strategic 527
investment in reuse and recycling infrastructure and end-market 528
development in the state, (10) the fee schedule developed by the 529
responsible party or stewardship organization, as applicable, for the 530
prior year, and a description of how the fees incentivized collection, 531
processing or redesign of covered materials pursuant to the 532
modulations described in this section, (11) the estimated fee schedule 533
for the next year, including the expected fee rate changes based on shifts 534
in material value, (12) a description of covered material litter abatement 535
efforts taken by, on behalf of, or funded by, the responsible party or 536
stewardship organization, as applicable, (13) a description of the 537
outreach, education and communication efforts taken by, on behalf of, 538
or funded by, the responsible party or stewardship organization, as 539
applicable, (14) recommendations for changes to the program, and (15) 540
any other information requested by the commissioner. 541
(p) Two years after the implementation of a stewardship program 542
pursuant to this section and every two years thereafter, or upon the 543
request of the Commissioner of Energy and Environmental Protection 544
but not more frequently than once per year, each responsible party or 545
stewardship organization, as applicable, authorized to operate and 546
administer a stewardship program pursuant to this section shall cause 547
an audit of the program to be conducted by an independent auditor. 548
Such audit shall review the accuracy of the responsible party or 549 Raised Bill No. 1242
LCO No. 6619 18 of 44
stewardship organization's data concerning the program and provide 550
any other information requested by the commissioner, consistent with 551
the requirements of this section. Such audit shall be paid for by the 552
responsible party or stewardship organization, as applicable. The 553
responsible party or stewardship organization, as applicable, shall 554
maintain all records relating to any such: (1) Audit, (2) annual report 555
prepared or submitted pursuant to this section, and (3) such 556
stewardship program for not less than three years. 557
(q) The Commissioner of Energy and Environmental Protection may 558
require a plan to be reviewed or revised at any time if the commissioner 559
(1) has reason to believe the performance goals set pursuant to this 560
section are not being met or followed by a responsible party or 561
stewardship organization, as appliable, (2) has reason to believe the 562
performance goals set pursuant to this section are insufficient to drive 563
increased improvement in the stewardship program, or (3) determines 564
a change in circumstances warrants revision of the plan. The 565
commissioner may rescind approval of a stewardship plan at any time. 566
(r) A responsible party is exempt from the requirements of this 567
section if the responsible party: (1) Would otherwise be considered a 568
responsible party but is responsible for less than one ton of covered 569
materials per year in the state, (2) has a gross annual revenue of less than 570
two million dollars, or (3) is a municipality. 571
(s) If a responsible party can demonstrate to the satisfaction of the 572
applicable stewardship organization that a type of covered material sold 573
in the state by such responsible party achieved an eighty-five per cent 574
or greater recycling rate in the state during the prior calendar year, the 575
stewardship organization may reduce the fees owed by the responsible 576
party under this section to an amount that represents no more than the 577
costs associated with the collection and transportation for recycling in 578
the state of that type of covered material. Any reduced fees owed by a 579
responsible party pursuant to this subsection shall remain subject to the 580
adjustments described in this section. 581 Raised Bill No. 1242
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(t) The Commissioner of Energy and Environmental Protection shall 582
exempt a covered material from the fee payment established in this 583
section if a responsible party can demonstrate to the commissioner that 584
said covered material is managed through a viable reuse program. In 585
order to obtain such exemption, the responsible party shall provide the 586
commissioner, on a form prescribed by the commissioner, with 587
information that demonstrates (1) such viability, necessity and 588
environmental benefit, and (2) how the responsible party intends to 589
recover and recycle reusable covered material at the end of the 590
material's life. The responsible party shall report to the commissioner 591
any substantive changes to such reuse program. The commissioner may 592
rescind an exemption issued pursuant to this subsection if the approved 593
reuse program no longer conforms to the information submitted by the 594
responsible party pursuant to this subsection. 595
(u) The Commissioner of Energy and Environmental Protection shall 596
not require the disclosure of any information that the commissioner 597
finds to be confidential information. For purposes of this subsection, 598
"confidential information" means any information that if made public 599
would divulge competitive business information, methods or processes 600
entitled to protection as trade secrets of such responsible party or 601
stewardship organization or information that would reasonably hinder 602
the responsible party or stewardship organization's competitive 603
advantage in the marketplace. 604
(v) Not later than three years after the approval of any stewardship 605
plan pursuant to this section, the Commissioner of Energy and 606
Environmental Protection shall submit a report, in accordance with the 607
provisions of section 11-4a of the general statutes, to the joint standing 608
committee of the General Assembly having cognizance of matters 609
relating to the environment that describes the results of the applicable 610
packaging stewardship program and that recommends modifications to 611
improve the functioning and efficiency of any such program, as 612
necessary. 613
(w) Not later than the implementation date of any stewardship 614 Raised Bill No. 1242
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program authorized pursuant to this section, the Department of Energy 615
and Environmental Protection shall list the names of participating 616
responsible parties and the brands covered by such stewardship 617
program on the department's Internet web site. 618
(x) The Department of Energy and Environmental Protection shall 619
maintain online public records of registered stewardship organizations, 620
stewardship plans and plan amendments approved pursuant to this 621
section, annual reports submitted by the responsible party or 622
stewardship organization, as applicable, to the department, annual 623
reports by the department to the General Assembly and any other 624
information the department determines relevant to the provisions of 625
this section. 626
(y) Each responsible party or stewardship organization authorized to 627
operate and administer a stewardship program approved pursuant to 628
this section shall maintain a public Internet web site that shall, at a 629
minimum, provide the following information: (1) Each responsible 630
party that has authorized a stewardship organization to operate and 631
administer the stewardship program on its behalf and the brands and 632
types of covered materials of the responsible parties participating in 633
such packaging stewardship organization, and (2) all applicable plans 634
approved pursuant to this section, annual reports and audit results. 635
(z) Each responsible party, retailer or stewardship organization, 636
including a responsible party's, retailer's or stewardship organization's 637
officers, members, employees and agents that organize a packaging 638
stewardship program pursuant to this section shall be immune from 639
liability for the responsible party's, retailer's or stewardship 640
organization's conduct under state laws relating to antitrust, restraint of 641
trade, unfair trade practices and any other regulation of trade or 642
commerce only to the extent necessary to plan and implement the 643
responsible party's, retailer's or stewardship organization's stewardship 644
program in accordance with the provisions of this section. 645
(aa) Not later than July 1, 2024, the Commissioner of Energy and 646 Raised Bill No. 1242
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Environmental Protection shall establish reasonable fees for 647
administering the program described in this section. All fees charged 648
shall be based on factors relative to the costs of administering such 649
program and shall fully cover but not exceed expenses incurred by the 650
commissioner for the implementation of such program, including 651
administrative fees associated with sections 22a-255h to 22a-255m, 652
inclusive, of the general statutes. 653
(bb) For covered materials collected, transported, processed or 654
marketed by a municipality directly or through a municipal contract 655
with a private service provider or where a municipality directly or 656
through a municipal contract with a service provider provides for 657
collection, transportation, processing or marketing of covered materials 658
from public spaces or operates a transfer station, the municipality may 659
elect to: (1) Continue provision of service without reimbursement, (2) 660
continue provision of service for a reimbursement at a reasonable rate 661
from a responsible party or stewardship organization authorized to 662
operate and administer a program pursuant to this section, or (3) if a 663
municipality does not elect to provide service, a responsible party or 664
stewardship organization authorized to operate and administer a 665
stewardship program pursuant to this section shall be responsible for 666
contracting with a private service provider for services and shall be 667
responsible for calculating and dispersing funding at a reasonable rate 668
for collection, transportation, processing and marketing by said private 669
service provider. 670
(cc) In the event that another state implements a stewardship 671
program for covered materials, or similar materials, a stewardship 672
organization authorized pursuant to this section may collaborate across 673
states to conserve efforts and resources used in carrying out a packaging 674
stewardship program, provided such collaboration is consistent with 675
the requirements of this section. 676
(dd) Packaging stewardship program costs shall not include covered 677
materials collected and managed through a municipal solid waste 678
disposal program but shall include materials collected and disposed 679 Raised Bill No. 1242
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from a facility processing covered materials for recycling. Any 680
stewardship organization may establish standards for collection, 681
processing and marketing of covered materials, whether pursuant to a 682
contract or agreement with a municipality or service provider. 683
(ee) Any person who violates any provision of this section shall be 684
assessed a civil penalty not to exceed twenty-five thousand dollars, to 685
be fixed by the Superior Court, for each offense. Each violation shall be 686
a separate and distinct offense and, in the case of a continuing violation, 687
each day's continuance of such violation shall be deemed to be a 688
separate and distinct offense. The Attorney General, upon request of the 689
Commissioner of Energy and Environmental Protection, shall institute 690
a civil action in the superior court for the judicial district of Hartford to 691
recover such penalty. 692
(ff) Whenever, in the judgment of the Commissioner of Energy and 693
Environmental Protection, any person has engaged in or is about to 694
engage in any act, practice or omission that constitutes, or will 695
constitute, a violation of any provision of this section, the Attorney 696
General may, at the request of the commissioner, bring an action in the 697
superior court for the judicial district of Hartford to enjoin such act, 698
practice or omission and to seek an order of appropriate remedial 699
measures. Upon a showing by the commissioner that such person has 700
engaged in or is about to engage in such act, practice or omission, the 701
court may issue an order mandating compliance with the provisions of 702
this section, a permanent or temporary injunction, a restraining order or 703
other order, as appropriate. 704
(gg) If two or more persons are responsible for a violation of the 705
provisions of this section, such persons shall be jointly and severally 706
liable under this section. 707
(hh) Any action brought by the Attorney General pursuant to this 708
section shall have precedence in the order of trial as provided in section 709
52-191 of the general statutes. 710
(ii) Upon the effective date of a covered material's stewardship 711 Raised Bill No. 1242
LCO No. 6619 23 of 44
program, the state intends to occupy the field of regulation for such 712
covered material's stewardship program consistent with the provisions 713
of this section. A local government may not adopt an ordinance 714
establishing, requiring the establishment of or otherwise regulating 715
stewardship programs for covered materials and, from the effective date 716
of such program, any ordinance or regulation that violates the 717
provisions of this subsection shall be void and has no force or effect. 718
(jj) Nothing in this section shall be construed to impact an entity's 719
eligibility for any state or local incentive or assistance program to which 720
such entity is otherwise eligible. 721
(kk) The Department of Energy and Environmental Protection may 722
opt in to a regional or national collaborative, in lieu of the requirements 723
in this section, if the regional or national program addresses the same or 724
similar covered materials and purpose of this section. 725
(ll) At such time as an enforceable federal covered materials 726
stewardship program is implemented, not later than one hundred 727
eighty days after the effective date of such federal program, the 728
Department of Energy and Environmental Protection shall determine 729
the applicability of such federal program with the requirements of this 730
section and may adopt participation in such federal program, in lieu of 731
the requirements of this section if the federal program addresses the 732
same or similar covered materials and purpose of this section. 733
(mm) No registered stewardship organization shall create any 734
unreasonable barrier for participation by responsible parties in such 735
stewardship organization. 736
(nn) Nothing in this section shall be construed to prohibit a person 737
who is not a responsible party from voluntarily participating in a 738
stewardship organization provided such person complies with all 739
requirements of this section. 740
(oo) The Department of Energy and Environmental Protection may 741
suspend or revoke a responsible party or stewardship organization's 742 Raised Bill No. 1242
LCO No. 6619 24 of 44
approved plan if the department determines that (1) a violation or 743
repeated violations of this section occurred, or (2) such a violation had 744
a material impact on the implementation and administration of the 745
responsible party's or stewardship organization's plan. 746
Sec. 2. (NEW) (Effective October 1, 2023) (a) For purposes of this 747
section: 748
(1) "Department" means the Department of Energy and 749
Environmental Protection; 750
(2) "Commissioner" means the Commissioner of Energy and 751
Environmental Protection; 752
(3) "Beverage" means any potable liquid for human consumption, 753
unless used, designed or otherwise intended for use as infant formula, 754
medical food, medical beverage, food for special dietary use or as 755
fortified oral nutritional supplements; 756
(4) "Food for special dietary use" has the same meaning as provided 757
in 21 USC Section 105.3; 758
(5) "Medical food" and "infant formula" have the same meanings as 759
provided in the federal Food, Drug, and Cosmetic Act, 21 USC 21 760
Section 301 et seq.; 761
(6) "Plastic" means a manufactured or synthetic material made from 762
linking monomers through a chemical reaction to create a polymer chain 763
that can be molded or extruded at high heat into various solid forms; 764
(7) "Plastic beverage container" means any individual, sealable, 765
separate bottle, can, jar, carton or other container that is made of plastic 766
and intended to contain a beverage of not more than two gallons in 767
capacity. "Plastic beverage container" does not include any refillable 768
beverage container, including any container that is sufficiently durable 769
for multiple rotations of such container's original or similar purpose and 770
that is intended to function in a system of reuse; 771 Raised Bill No. 1242
LCO No. 6619 25 of 44
(8) "Post-consumer recyclable material" means a material or product 772
generated by households or by commercial, industrial or institutional 773
facilities in the role of an end‐user of the material or product that can no 774
longer be used for its intended purpose or that was returned from the 775
distribution chain and has been separated from the solid waste stream 776
for the purpose of collection and recycling; 777
(9) "Post-consumer recycled content" means the amount of post-778
consumer recyclable material used in the manufacture or production of 779
a new product. "Post-consumer recycled content" does not include 780
preconsumer or post-industrial secondary waste material, including, 781
but not be limited to, materials and by‐products generated from and 782
commonly used within an original manufacturing and fabrication 783
process; 784
(10) "Producer" means any person responsible for compliance with 785
minimum post-consumer recycled content requirements for a plastic 786
beverage container, including: (A) Any owner or licensee of a brand or 787
trademark for a plastic beverage container that is sold under such 788
owner's or licensee's owned or licensed brand or trademark regardless 789
of whether such trademark is registered in this state; (B) the 790
manufacturer of a plastic beverage container that lacks identification of 791
a brand at the point of sale or the person who manufactures such plastic 792
beverage container; and (C) if there is no other person described in this 793
subsection over whom the state can constitutionally exercise 794
jurisdiction, the person who imports or distributes the plastic beverage 795
container in or into the state; 796
(11) "Manufacturer" means any person that produces or generates a 797
plastic beverage container. "Manufacturer" does not include: (A) Any 798
government agency, municipality or other political subdivision of the 799
state, (B) any organization registered under Section 501(c)(3) or 501(c)(4) 800
of the Internal Revenue Code, or (C) any producer that annually sells, 801
offers for sale, distributes or imports into the country for sale in this state 802
(i) less than one ton of plastic beverage containers each year, or (ii) 803
plastic beverage containers that, in aggregate, generate less than one 804 Raised Bill No. 1242
LCO No. 6619 26 of 44
million dollars each year in sales in the state; and 805
(12) "Person" has the same meaning as provided in section 22a-2 of 806
the general statutes. 807
(b) On and after July 1, 2025, any plastic beverage container offered 808
for sale or distributed in this state shall contain not less than fifteen per 809
cent post-consumer recycled content. 810
(c) On and after July 1, 2028, any plastic beverage container offered 811
for sale or distributed in this state shall contain not less than twenty-five 812
per cent post-consumer recycled content. 813
(d) On and after July 1, 2033, any plastic beverage container offered 814
for sale or distributed in this state shall contain not less than fifty per 815
cent post-consumer recycled content. 816
(e) On or before February 1, 2027, the commissioner, in accordance 817
with section 11-4a of the general statutes, shall submit to the joint 818
standing committee of the General Assembly having cognizance of 819
matters relating to the environment a report reviewing the minimum 820
post-consumer recycled content requirements of this section. Such 821
report shall include, but need not be limited to: (1) A determination of 822
whether the requirements of this section are achievable; (2) any 823
recommendations on whether the percentages contained in this section 824
require adjustment; and (3) any recommendations for the expansion of 825
post-consumer recycled content requirements to other packaging or 826
product categories and the attendant percentage requirements 827
recommended for each packaging or product category. 828
(f) Each producer shall achieve compliance with the post-consumer 829
recycled content requirements in this section based upon the portion of 830
such content, by weight, on average for each plastic beverage container. 831
The calculation of such average may be based on a producer's entire 832
plastic beverage container product line or by the separate product lines, 833
provided all of the producer's products are accounted for in such 834
calculation and all individual products with post-consumer recycled 835 Raised Bill No. 1242
LCO No. 6619 27 of 44
content that are used in such calculation are sold in this state. Each 836
producer may include in such calculation the weight and material 837
content of liners, bladders, caps, lids, labels and any other packaging 838
component provided the inclusion of any such component included in 839
any annual report required by this section. 840
(g) On or before July 1, 2025, and annually thereafter, each producer 841
that offers for sale, sells, or distributes plastic beverage containers in or 842
into the state shall register with the commissioner, individually, or 843
through a third‐party representative that registers with the 844
commissioner on behalf of a group of producers, in a form and manner 845
prescribed by the commissioner. Each producer or representative shall 846
remit an annual registration fee in an amount to be determined by the 847
commissioner. Such fee shall be scaled to reflect the market share of any 848
such producer or representative, adequate to cover the department's 849
cost to implement, administer, monitor and enforce the provisions of 850
this section and used exclusively for such purposes. The commissioner 851
may modify the amount of such annual registration fee, as necessary, to 852
reflect updated implementation costs. The registration information 853
submitted to the commissioner pursuant to this section shall include: (1) 854
A list of the producers of plastic beverage containers and the brand 855
names of the plastic beverage containers represented in the registration 856
submittal; (2) the average percentage of post-consumer recycled content 857
for plastic beverage containers sold into the state during the previous 858
twelve-month period; and (3) proof of a third party's certification of 859
compliance with the post-consumer recycled content requirements for 860
plastic beverage containers, as described in subsection (h) of this section. 861
(h) Beginning July 1, 2026, and annually thereafter, each producer 862
shall provide third‐party certification of the minimum post-consumer 863
recycled content of all plastic beverage containers offered for sale in the 864
state, in writing, to the commissioner. Such certification shall be specific 865
to items sold into this state by such producer. If the commissioner 866
determines a certification is acceptable, such certification shall be 867
approved by the commissioner and published on the department's 868
Internet web site. An authorized representative of the producer shall 869 Raised Bill No. 1242
LCO No. 6619 28 of 44
sign the certification. Each producer shall submit such certification, in 870
the form and manner determined by the commissioner, under penalty 871
of perjury. Such certification shall include the amount, in pounds, of 872
plastic, and the amount, in pounds, of post-consumer recycled material 873
used by the producer for any products subject to the requirements of 874
this section, and any other information as the commissioner deems 875
necessary. 876
(i) A producer may seek from the commissioner a waiver from the 877
requirements of this section. In seeking any such waiver, the producer 878
shall set forth the specific basis upon which the waiver is claimed, 879
indicate any applicable timeframe for such waiver request and submit 880
such proof as the commissioner determines to be necessary. 881
(j) The commissioner may participate in the establishment and 882
implementation of a multistate clearinghouse to assist in carrying out 883
the requirements of this section. Any such clearinghouse shall assist in 884
coordinating reviews of producer registrations, waiver requests and 885
certifications, recommend acceptable third‐party certifications and 886
implement state reporting activities and any other related functions 887
pursuant to this section. Notwithstanding the requirements of 888
subsection (g) of this section, if the commissioner determines to 889
participate in such a clearinghouse, such participation may provide 890
producers the ability to register on a centralized portal offered by such 891
clearinghouse in lieu of a state‐specific portal provided such registration 892
requirement shall not otherwise be affected by the use of any such 893
centralized portal. 894
Sec. 3. (NEW) (Effective July 1, 2023) The Commissioner of Energy and 895
Environmental Protection, on behalf of one or more municipalities, 896
municipal authorities or regional solid waste authorities, may issue a 897
request for proposals from providers of existing or proposed solid waste 898
materials management services, including, but not limited to, reuse, 899
recycling and composting, such as anerobic digestion, waste conversion, 900
energy and fuel recovery. From such proposals, the commissioner may 901
select one or more providers of existing or proposed solid waste 902 Raised Bill No. 1242
LCO No. 6619 29 of 44
materials management services and, acting on behalf of and with the 903
consent of one or more municipalities, municipal solid waste authorities 904
or regional solid waste authorities, may enter into an agreement for the 905
management of solid waste from such municipalities or authorities at a 906
facility of such existing or proposed solid waste materials management 907
services. In selecting such proposal, the commissioner may consider all 908
relevant information, including, but not limited to the following factors: 909
(1) Consistency of such proposal with the state's solid waste 910
management plan; (2) the available capacity at an existing or proposed 911
facility; (3) the fee to be charged for the management of such solid waste; 912
(4) where any proposed facility is or will be located; and (5) the 913
likelihood that a proposed facility will be authorized and constructed. 914
Any agreement entered into pursuant to this section for the 915
management of solid waste at a proposed facility shall be contingent on 916
such facility receiving all required state and municipal permits and 917
authorizations and commencing operation by a date specified in such 918
agreement. 919
Sec. 4. Subsection (f) of section 22a-220 of the general statutes is 920
repealed and the following is substituted in lieu thereof (Effective from 921
passage): 922
(f) (1) On and after January 1, 1991, each municipality shall, consistent 923
with the requirements of section 22a-241b, make provisions for the 924
separation, collection, processing and marketing of items generated 925
within its boundaries as solid waste and designated for recycling by the 926
commissioner pursuant to subsection (a) of section 22a-241b. It shall be 927
the goal to recycle twenty-five per cent of the solid waste generated in 928
each municipality provided it shall be the goal to reduce the weight of 929
such waste by January 1, 2000, by an additional fifteen per cent by 930
source reduction as determined by reference to the state-wide solid 931
waste management plan established in 1991, or by recycling such 932
additional percentage of waste generated, or both. The provisions of this 933
subsection shall not be construed to require municipalities to enforce 934
reduction in the quantity of solid waste. On or before January 1, 1991, 935
each municipality shall: [(1)] (A) Adopt an ordinance or other 936 Raised Bill No. 1242
LCO No. 6619 30 of 44
enforceable legal instrument setting forth measures to assure the 937
compliance of persons within its boundaries with the requirements of 938
subsection (c) of section 22a-241b and to assure compliance of collectors 939
with the requirements of subsection (a) of section 22a-220c, and [(2)] (B) 940
provide the Commissioner of Energy and Environmental Protection 941
with the name, address and telephone number of a person to receive 942
information and respond to questions regarding recycling from the 943
department on behalf of the municipality. The municipality shall notify 944
the commissioner within thirty days of its designation of a new 945
representative to undertake such responsibilities. A municipality may 946
by ordinance or other enforceable legal instrument provide for and 947
require the separation and recycling of other items in addition to those 948
designated pursuant to subsection (a) of section 22a-241b. 949
(2) A municipality may, by the adoption of a municipal ordinance or 950
other enforceable legal instrument to which the municipality is a party, 951
identify recyclable solid wastes not described in subdivision (1) of this 952
subsection, including, but not limited to, food scraps, food processing 953
residues, yard waste and other suitable recyclable organic material for 954
diversion to recycling facilities designed for the processing and 955
beneficial use of such wastes. For the purposes of this section and 956
section 22a-220a, as amended by this act, "food scraps" or "food 957
processing residues" does not include unused food that is suitable for 958
sale or donation for human or animal consumption. 959
Sec. 5. Section 22a-220 of the general statutes is amended by adding 960
subsection (k) as follows (Effective October 1, 2023): 961
(NEW) (k) On or before October 1, 2028, each municipality shall make 962
provisions for the separation and collection of food scraps. Each 963
municipality shall require any collector required to register annually 964
pursuant to section 22a-220a, as amended by this act, to separately 965
collect and transport such source separated food scraps to a facility 966
authorized to process food scraps in a manner that promotes a beneficial 967
use. 968 Raised Bill No. 1242
LCO No. 6619 31 of 44
Sec. 6. Subsection (a) of section 22a-220a of the general statutes is 969
repealed and the following is substituted in lieu thereof (Effective from 970
passage): 971
(a) The legislative body of a municipality may designate the area 972
where solid waste generated within its boundaries by residential, 973
business, commercial or other establishments shall be disposed. The 974
disposal of such solid waste at any other area is prohibited, except that 975
a municipality may approve, in writing, disposal at another area, either 976
within or outside the boundaries of such municipality, prior to disposal. 977
A municipality may refuse to approve disposal at another area if such 978
disposal would adversely affect its solid waste disposal program. The 979
legislative body of a municipality may also designate where the 980
following items generated within its boundaries from residential 981
properties shall be taken for processing or sale: (1) Cardboard, (2) glass, 982
food and beverage containers, (3) leaves, (4) metal food and beverage 983
containers, (5) newspapers, (6) storage batteries, (7) waste oil, [and] (8) 984
plastic food and beverage containers, (9) food scraps, and (10) food 985
processing residues. The processing or sale of such items at any other 986
area shall be prohibited, except that a municipality may approve, in 987
writing, processing or sale elsewhere, either within or outside the 988
boundaries of such municipality, prior to processing or sale. A 989
municipality may refuse to approve processing or sale elsewhere if such 990
processing or sale would adversely affect its recycling program. For 991
purposes of sections 22a-208e, 22a-208f, 22a-220, as amended by this act, 992
this section, sections 22a-220c, 22a-241b, 22a-241e, and subsection (c) of 993
section 22a-241g, residential property means real estate containing one 994
or more dwelling units but shall not include hospitals, motels or hotels. 995
Sec. 7. Subdivision (3) of subsection (a) of section 22a-226e of the 996
general statutes is repealed and the following is substituted in lieu 997
thereof (Effective from passage): 998
(3) On and after January 1, 2022, each commercial food wholesaler or 999
distributor, industrial food manufacturer or processor, supermarket, 1000
resort or conference center that is located not more than twenty miles 1001 Raised Bill No. 1242
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from either an authorized source-separated organic material 1002
composting facility, authorized transfer station or other collection 1003
location authorized to receive source-separated organic materials, and 1004
that generates an average projected volume of not less than twenty-six 1005
tons per year of source-separated organic materials, shall: (A) Separate 1006
such source-separated organic materials from other solid waste; and (B) 1007
ensure that such source-separated organic materials are recycled at any 1008
authorized source-separated organic material composting facility that 1009
has available capacity and that will accept such source-separated 1010
organic material. On and after January 1, 2025, the requirements of this 1011
subdivision shall additionally apply to each institution. For the 1012
purposes of this section "institution" means any establishment engaged 1013
in providing hospitality, entertainment or rehabilitation and health care 1014
services, and any hospital, educational facility or correctional facility. 1015
Sec. 8. Section 22a-232 of the general statutes is repealed and the 1016
following is substituted in lieu thereof (Effective July 1, 2023): 1017
(a) (1) There shall be paid to the Commissioner of Revenue Services 1018
by the owner of any resources recovery facility [one dollar per ton of 1019
solid waste processed at the facility beginning on the date of 1020
commencement of commercial operation of the facility for calendar 1021
quarters commencing on or after October 1, 1987, until September 30, 1022
2003. For calendar quarters commencing on and after October 1, 2003, 1023
the owner of any resources recovery facility shall pay to the 1024
Commissioner of Revenue Services one dollar and fifty cents] or waste 1025
conversion facility three dollars per ton of solid waste processed at such 1026
facility. 1027
(2) There shall be paid to the Commissioner of Revenue Services by 1028
the owner of any transfer station or volume reduction plant, a fee of five 1029
dollars per ton of solid waste processed at such facility, provided such 1030
solid waste is not recycled or transferred to any resources recovery 1031
facility. The provisions of this subdivision shall not apply to any transfer 1032
station or volume reduction plant that is owned by a municipality or 1033
any volume reduction plant that is a resources recovery facility, waste 1034 Raised Bill No. 1242
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conversion facility or recycling facility. 1035
(b) Each owner of a [resources recovery] facility subject to the 1036
assessment as provided by this section shall submit a return quarterly 1037
to the Commissioner of Revenue Services, applicable with respect to the 1038
calendar quarter beginning October 1, [1987] 2023, and each calendar 1039
quarter thereafter, on or before the last day of the month immediately 1040
following the end of each such calendar quarter, on a form prescribed 1041
by the commissioner, together with payment of the quarterly 1042
assessment determined and payable in accordance with the provisions 1043
of subsection (a) of this section. 1044
(c) Whenever such assessment is not paid when due, a penalty of ten 1045
per cent of the amount due or fifty dollars, whichever is greater, shall be 1046
imposed, and such assessment shall bear interest at the rate of one per 1047
cent per month or fraction thereof until the same is paid. The 1048
Commissioner of Revenue Services shall cause copies of a form 1049
prescribed for submitting returns as required under this section to be 1050
distributed throughout the state. Failure to receive such form shall not 1051
be construed to relieve anyone subject to assessment under this section 1052
from the obligations of submitting a return, together with payment of 1053
such assessment within the time required. 1054
(d) Any person or municipality liable for the service fee for solid 1055
waste delivered to a facility whose owner is subject to [the] an 1056
assessment imposed by subsection (a) of this section shall reimburse the 1057
owner for any assessment paid for the solid waste delivered by such 1058
person or municipality. [The] Such an assessment shall be a debt from 1059
the person or municipality responsible for paying such service fee to the 1060
owner. 1061
(e) The provisions of sections 12-548 to 12-554, inclusive, and section 1062
12-555a shall apply to the provisions of this section in the same manner 1063
and with the same force and effect as if the language of said sections 12-1064
548 to 12-554, inclusive, and section 12-555a had been incorporated in 1065
full in this section, except that to the extent that any such provision is 1066 Raised Bill No. 1242
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inconsistent with a provision in this section and except that the term 1067
"tax" shall be read as "solid waste assessment". 1068
(f) Two million eight hundred thousand dollars of the proceeds from 1069
the assessments imposed pursuant to subsection (a) of this section shall 1070
be deposited by the Commissioner of Revenue Services into the General 1071
Fund and any remaining funds from such assessments shall be 1072
deposited by the commissioner into the sustainable materials 1073
management account established in section 16-244bb, as amended by 1074
this act. 1075
Sec. 9. Subsection (a) of section 22a-241l of the general statutes is 1076
repealed and the following is substituted in lieu thereof (Effective from 1077
passage): 1078
(a) For the purposes of this section, ["customer" means a business 1079
and] "collector" means any person offering collection services for solid 1080
waste or designated recyclable [item collection services] items and 1081
"designated recyclable items" means any items designated for recycling 1082
or to be recycled pursuant to: (1) Subsection (a) of section 22a-241b, (2) 1083
section 22a-208v or 22a-256a, or (3) a municipal ordinance or other 1084
enforceable legal instrument to which a municipality is a party. 1085
Sec. 10. (NEW) (Effective July 1, 2023) (a) There is established the 1086
Connecticut Waste Authority. The Connecticut Waste Authority shall 1087
constitute a successor authority to the Materials Innovation and 1088
Recycling Authority in accordance with the provisions of sections 4-38d, 1089
4-38e and 4-39 of the general statutes. 1090
(b) Wherever the words "Materials Innovation and Recycling 1091
Authority" are used in any public or special act of 2023 or in the 1092
following sections of the general statutes, the words "Connecticut Waste 1093
Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 1094
3-24d, 3-24f, 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-1095
208v, 22a-209h, 22a-219b, 22a-220, as amended by this act, 22a-241, 22a-1096
260, 22a-263a, 22a-263b, 22a-268a, 22a-268b, 22a-268g, 22a-270a, 22a-1097
272a, 22a-282, 22a-283, 22a-284, 32-1e and 32-658. 1098 Raised Bill No. 1242
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(c) The Legislative Commissioners' Office shall, in codifying the 1099
provisions of this section, make such conforming, technical, 1100
grammatical and punctuation changes as are necessary to carry out the 1101
purposes of this section. 1102
Sec. 11. (NEW) (Effective July 1, 2023) (a) In addition to the purposes, 1103
powers and responsibilities vested in the Connecticut Waste Authority 1104
pursuant to chapter 446e of the general statutes, the Connecticut Waste 1105
Authority shall: (1) Identify the immediate environmental needs and 1106
knowledge necessary for future redevelopment of the authority's 1107
properties located at 300 Maxim Road in Hartford and 100 Reserve Road 1108
in Hartford, (2) continue to operate the authority's transfer stations until 1109
acceptable alternatives, operated by entities other than the authority, 1110
become available, as determined by the Commissioner of Energy and 1111
Environmental Protection, and (3) wind down the authority's 1112
operations and activities in an orderly and responsible manner, that 1113
may include, but is not limited to, the marketing and sale of the 1114
authority's surplus real and personal property. 1115
(b) Not later than January 1, 2024, the authority shall submit a report, 1116
in accordance with the provisions of section 11-4a of the general statutes 1117
to the Secretary of the Office of Policy and Management and the joint 1118
standing committees of the General Assembly having cognizance of 1119
matters relating to the environment and planning and development. 1120
Such report shall include a plan and timeline for the activities set forth 1121
in subdivisions (1) to (3), inclusive, of subsection (a) of this section. 1122
(c) The authority and any other state agency may enter into one or 1123
more memoranda of understanding that will facilitate the authority's 1124
purposes, powers and responsibilities under chapter 446e of the general 1125
statutes and subsection (a) of this section, provided any such 1126
memorandum of understanding shall terminate as of June 30, 2025. 1127
Sec. 12. (NEW) (Effective from passage) (a) Notwithstanding any 1128
provision of the general statutes, the provisions of sections 10 to 17, 1129
inclusive, of this act shall not be construed to modify the liability of any 1130 Raised Bill No. 1242
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person who: (1) Established a resources recovery facility, (2) created a 1131
condition or who is maintaining any such facility or condition that may 1132
reasonably be expected to create a source of pollution to the waters of 1133
the state, or (3) is the certifying party to the transfer of such a facility. 1134
(b) Notwithstanding the requirements of sections 22a-134a to 22a-1135
134e, inclusive, 22a-134h and 22a-134i of the general statutes, any 1136
conveyance of real property or business operations authorized or 1137
required by the provisions of sections 10 to 17, inclusive, of this act, from 1138
the Materials Innovation and Recycling Authority to the Connecticut 1139
Waste Authority, or from the Connecticut Waste Authority to the 1140
Department of Administrative Services shall not constitute the transfer 1141
of an establishment for purposes of chapter 445 of the general statutes. 1142
(c) (1) Notwithstanding the requirements of section 22a-6o of the 1143
general statutes, upon transfer of ownership or oversight of a permitted 1144
facility owned or operated by the Materials Innovation and Recycling 1145
Authority to the Connecticut Waste Authority any permits or licenses 1146
held by the Materials Innovation and Recycling Authority shall be 1147
deemed to be transferred to the Connecticut Waste Authority and shall 1148
continue in full force and effect. 1149
(2) Notwithstanding the requirements of section 22a-6o of the general 1150
statutes, upon transfer of ownership or oversight of a permitted facility 1151
owner or operated by the Connecticut Waste Authority to the 1152
Department of Administrative Services, any permits or licenses held by 1153
the Connecticut Waste Authority shall be deemed to be transferred to 1154
the Department of Administrative Services and shall continue in full 1155
force and effect. 1156
Sec. 13. (NEW) (Effective from passage) The funds possessed by the 1157
Materials Innovation and Recycling Authority, established pursuant to 1158
section 22a-260a of the general statutes, shall not constitute surplus 1159
revenues and shall be deemed necessary to provide support for the 1160
authority's properties systems and facilities, including any 1161
environmental remediation of such properties, systems and facilities. 1162 Raised Bill No. 1242
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Such funds shall not be distributed or redistributed to the users of the 1163
authority's services. Users of the authority's services shall be liable for 1164
the environmental remediation costs of the authority's properties, 1165
systems and facilities if, and to the extent, any funds were distributed or 1166
redistributed by the authority to such users on or after January 1, 2023. 1167
Sec. 14. (Effective July 1, 2023) Notwithstanding any provision of the 1168
general statutes, the sum of two million dollars shall be transferred from 1169
the resources of the Connecticut Waste Authority and shall be deposited 1170
into a nonlapsing account of the General Fund established by the 1171
Secretary of the Office of Policy and Management. Moneys in the 1172
account shall be allocated in such amounts and at such times as 1173
determined by the Secretary of the Office of Policy and Management to 1174
fund activities related to the provisions of sections 10 to 17, inclusive, of 1175
this act. 1176
Sec. 15. Section 22a-261 of the general statutes is repealed and the 1177
following is substituted in lieu thereof (Effective July 1, 2023): 1178
(a) There is hereby established and created a body politic and 1179
corporate, constituting a public instrumentality and political 1180
subdivision of the state of Connecticut established and created for the 1181
performance of an essential public and governmental function, to be 1182
known as the [Materials Innovation and Recycling] Connecticut Waste 1183
Authority. The authority shall not be construed to be a department, 1184
institution or agency of the state. 1185
(b) On and after [June 1, 2002] July 1, 2023, the terms of the board of 1186
the Materials Innovation and Recycling Authority shall terminate and 1187
the powers of the [authority] Connecticut Waste Authority shall be 1188
vested in and exercised by a board of directors, which shall consist of 1189
eleven directors as follows: [Three appointed by the Governor, one of 1190
whom is a municipal official of a municipality having a population of 1191
fifty thousand or less and one of whom has extensive, high-level 1192
experience in the energy field; two appointed by the president pro 1193
tempore of the Senate, one of whom is a municipal official of a 1194 Raised Bill No. 1242
LCO No. 6619 38 of 44
municipality having a population of more than fifty thousand and one 1195
of whom has extensive high-level experience in public or corporate 1196
finance or business or industry; two appointed by the speaker of the 1197
House of Representatives, one of whom is a municipal official of a 1198
municipality having a population of more than fifty thousand and one 1199
of whom has extensive high-level experience in public or corporate 1200
finance or business or industry; two appointed by the minority leader 1201
of the Senate, one of whom is a municipal official of a municipality 1202
having a population of fifty thousand or less and one of whom has 1203
extensive high-level experience in public or corporate finance or 1204
business or industry; two appointed by the minority leader of the House 1205
of Representatives, one of whom is a municipal official of a municipality 1206
having a population of fifty thousand or less and one of whom has 1207
extensive, high-level experience in the environmental field. No director 1208
may be a member of the General Assembly. The appointed directors 1209
shall serve for terms of four years each, provided, of the directors first 1210
appointed for terms beginning on June 1, 2002, (1) two of the directors 1211
appointed by the Governor, one of the directors appointed by the 1212
president pro tempore of the Senate, one of the directors appointed by 1213
the speaker of the House of Representatives, one of the directors 1214
appointed by the minority leader of the Senate and one of the directors 1215
appointed by the minority leader of the House of Representatives shall 1216
serve an initial term of two years and one month, and (2) the other 1217
appointed directors shall serve an initial term of four years and one 1218
month. The appointment of each director for a term beginning on or 1219
after June 1, 2004, shall be made with the advice and consent of both 1220
houses of the General Assembly. The Governor shall designate one of 1221
the directors to serve as chairperson of the board, with the advice and 1222
consent of both houses of the General Assembly. The chairperson of the 1223
board shall serve at the pleasure of the Governor. Any appointed 1224
director who fails to attend three consecutive meetings of the board or 1225
who fails to attend fifty per cent of all meetings of the board held during 1226
any calendar year shall be deemed to have resigned from the board. Any 1227
vacancy occurring other than by expiration of term shall be filled in the 1228
same manner as the original appointment for the balance of the 1229 Raised Bill No. 1242
LCO No. 6619 39 of 44
unexpired term. As used in this subsection, "municipal official" means 1230
the first selectman, mayor, city or town manager or chief financial officer 1231
of a municipality, or a municipal employee with extensive public works 1232
or waste management and recycling experience that has entered into a 1233
solid waste disposal services contract with the authority and pledged 1234
the municipality's full faith and credit for the payment of obligations 1235
under such contract.] (1) The Governor, or the Governor's designee, (2) 1236
the Secretary of the Office of Policy and Management, or the secretary's 1237
designee, (3) the Commissioner of the Department of Administrative 1238
Services, or the commissioner's designee, (4) the Commissioner of the 1239
Department of Energy and Environmental Protection, or the 1240
commissioner's designee, (5) the Commissioner of Economic and 1241
Community Development, or the commissioner's designee, (6) the 1242
Commissioner of Public Health, or the commissioner's designee, (7) one 1243
appointed by the president pro tempore of the Senate, (8) one appointed 1244
by the speaker of the House of Representatives, (9) one appointed by the 1245
minority leader of the Senate, (10) one appointed by the minority leader 1246
of the House of Representatives, and (11) one appointed by the mayor 1247
of Hartford. 1248
(c) The Governor, or the Governor's designee, shall serve as the 1249
chairperson and shall, with the approval of the other directors, appoint 1250
a president of the authority who shall be an employee of the authority 1251
and be paid a salary prescribed by the directors. The president shall 1252
supervise the administrative affairs and technical activities of the 1253
authority in accordance with the directives of the board. 1254
(d) Each appointed director shall be entitled to reimbursement for 1255
such director's actual and necessary expenses incurred during the 1256
performance of such director's official duties. 1257
(e) [Directors] Appointed directors may engage in private 1258
employment, or in a profession or business, subject to any applicable 1259
laws, rules and regulations of the state or federal government regarding 1260
official ethics or conflict of interest. 1261 Raised Bill No. 1242
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(f) Six directors of the authority shall constitute a quorum for the 1262
transaction of any business or the exercise of any power of the authority. 1263
[, provided, two directors from municipal government shall be present 1264
in order for a quorum to be in attendance.] For the transaction of any 1265
business or the exercise of any power of the authority, and except as 1266
otherwise provided in this chapter, the authority may act by a majority 1267
of the directors present at any meeting at which a quorum is in 1268
attendance. [If the legislative body of a municipality that is the site of a 1269
facility passes a resolution requesting the Governor to appoint a 1270
resident of such municipality to be an ad hoc member, the Governor 1271
shall make such appointment upon the next vacancy for the ad hoc 1272
members representing such facility. The Governor shall appoint, with 1273
the advice and consent of the General Assembly, ad hoc members to 1274
represent each facility operated by the authority provided at least one-1275
half of such members shall be chief elected officials of municipalities, or 1276
their designees. Each such facility shall be represented by two such 1277
members. The ad hoc members shall be electors from a municipality or 1278
municipalities in the area to be served by the facility and shall vote only 1279
on matters concerning such facility. The terms of the ad hoc members 1280
shall be four years.] 1281
[(g) The board may delegate to three or more directors such board 1282
powers and duties as it may deem necessary and proper in conformity 1283
with the provisions of this chapter and its bylaws. At least one of such 1284
directors shall be a municipal official, as defined in subsection (b) of this 1285
section, and at least one of such directors shall not be a state employee.] 1286
[(h)] (g) Appointed directors may not designate a representative to 1287
perform in their absence their respective duties under this chapter. 1288
[(i) As used in this section, "director" includes such persons so 1289
designated, as provided in this section, and such designation shall be 1290
deemed temporary only and shall not affect any applicable civil service 1291
or retirement rights of any person so designated.] 1292
[(j)] (h) The appointing authority for any director may remove such 1293 Raised Bill No. 1242
LCO No. 6619 41 of 44
director for inefficiency, neglect of duty or misconduct in office after 1294
giving the director a copy of the charges against the director and an 1295
opportunity to be heard, in person or by counsel, in the director's 1296
defense, upon not less than ten days' notice. If any director shall be so 1297
removed, the appointing authority for such director shall file in the 1298
office of the Secretary of the State a complete statement of charges made 1299
against such director and the appointing authority's findings on such 1300
statement of charges, together with a complete record of the 1301
proceedings. 1302
[(k)] (i) The authority shall [continue as long as it has bonds or other 1303
obligations outstanding and until its existence is terminated by law] 1304
terminate on July 1, 2025. Upon the termination of the existence of the 1305
authority, all its rights and properties shall pass to and be vested in the 1306
state of Connecticut in accordance with the provisions of section 17 of 1307
this act. 1308
[(l)] (j) The directors, members and officers of the authority and any 1309
person executing the bonds or notes of the authority shall not be liable 1310
personally on such bonds or notes or be subject to any personal liability 1311
or accountability by reason of the issuance thereof, nor shall any 1312
director, member or officer of the authority be personally liable for 1313
damage or injury, not wanton or wilful, caused in the performance of 1314
such person's duties and within the scope of such person's employment 1315
or appointment as such director, member or officer. 1316
[(m) Notwithstanding any other provision of the general statutes, it 1317
shall not constitute a conflict of interest for a trustee, director, partner or 1318
officer of any person, firm or corporation, or any individual having a 1319
financial interest in a person, firm or corporation, to serve as a director 1320
of the authority, provided such trustee, director, partner, officer or 1321
individual shall abstain from deliberation, action or vote by the 1322
authority in specific respect to such person, firm or corporation.] 1323
Sec. 16. Subsection (b) of section 22a-262 of the general statutes is 1324
repealed and the following is substituted in lieu thereof (Effective July 1, 1325 Raised Bill No. 1242
LCO No. 6619 42 of 44
2023): 1326
(b) [These] The purposes of this section and subsection (a) of section 1327
11 of this act shall be considered to be operating responsibilities of the 1328
authority, in accordance with the state-wide solid waste management 1329
plan, and are to be considered in all respects public purposes. 1330
Sec. 17. (NEW) (Effective July 1, 2025) The Department of 1331
Administrative Services shall constitute a successor agency to the 1332
Connecticut Waste Authority in accordance with the provisions of 1333
subsections (a) to (d), inclusive, and subsection (f) of section 4-38d and 1334
section 4-38e of the general statutes. 1335
Sec. 18. Subsections (a) and (b) of section 16-244bb of the general 1336
statutes are repealed and the following is substituted in lieu thereof 1337
(Effective from passage): 1338
(a) There is established an account to be known as the sustainable 1339
materials management account which shall be a separate, nonlapsing 1340
account within the General Fund. The account shall contain moneys 1341
collected by the alternative compliance payment for Class II renewable 1342
portfolio standards pursuant to subsection (h) of section 16-244c and 1343
subsection (k) of section 16-245 and moneys deposited pursuant to 1344
subsection (f) of section 22a-232, as amended by this act. The 1345
Commissioner of Energy and Environmental Protection shall expend 1346
moneys from the account for the purposes of the program established 1347
under this section provided the commissioner may also pledge such 1348
moneys for revenue bonds the proceeds of which shall be used to 1349
support waste infrastructure projects described in this section. 1350
(b) On and after January 1, 2023, the Commissioner of Energy and 1351
Environmental Protection shall establish and administer a sustainable 1352
materials management program to support solid waste reduction in the 1353
state through the provision of funding from the sustainable materials 1354
management account for purposes, including, but not limited to, grants, 1355
revolving loans, technical assistance, consulting services and waste 1356
characterization studies, to support programs and projects 1357 Raised Bill No. 1242
LCO No. 6619 43 of 44
implemented by entities, including, but not limited to, municipalities, 1358
nonprofits and regional waste authorities. Funding from such program 1359
may be used to support the development of infrastructure necessary for 1360
the management of solid waste materials at upgraded, expanded or 1361
proposed facilities selected pursuant to section 3 of this act. Such 1362
programs and projects shall promote affordable, sustainable and self-1363
sufficient management of waste within the state by reducing solid waste 1364
generation or diverting solid waste from disposal, consistent with the 1365
state-wide solid waste management plan established pursuant to 1366
section 22a-228. 1367
Sec. 19. Section 22a-265a of the general statutes is repealed. (Effective 1368
July 1, 2023) 1369
Sec. 20. Sections 22a-260 to 22a-284, inclusive, of the general statutes 1370
and sections 10 and 11 of this act are repealed. (Effective July 1, 2025) 1371
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 New section
Sec. 2 October 1, 2023 New section
Sec. 3 July 1, 2023 New section
Sec. 4 from passage 22a-220(f)
Sec. 5 October 1, 2023 22a-220(k)
Sec. 6 from passage 22a-220a(a)
Sec. 7 from passage 22a-226e(a)(3)
Sec. 8 July 1, 2023 22a-232
Sec. 9 from passage 22a-241l(a)
Sec. 10 July 1, 2023 New section
Sec. 11 July 1, 2023 New section
Sec. 12 from passage New section
Sec. 13 from passage New section
Sec. 14 July 1, 2023 New section
Sec. 15 July 1, 2023 22a-261
Sec. 16 July 1, 2023 22a-262(b)
Sec. 17 July 1, 2025 New section
Sec. 18 from passage 16-244bb(a) and (b)
Sec. 19 July 1, 2023 Repealer section Raised Bill No. 1242
LCO No. 6619 44 of 44
Sec. 20 July 1, 2025 Repealer section
Statement of Purpose:
To (1) authorize a packaging stewardship program, (2) establish
minimum recycled content requirements for certain beverage
containers, (3) establish a Connecticut Waste Authority, and (4)
authorize implementation of various waste management revisions and
payments.
[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.]