Connecticut 2023 Regular Session

Connecticut Senate Bill SB01242 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	LCO No. 6619 1 of 44
4	4
5	5	General Assembly Raised Bill No. 1242
6	6	January Session, 2023
7	7	LCO No. 6619
8	8
9	9
10	10	Referred to Committee on FINANCE, REVENUE AND
11	11	BONDING
12	12
13	13
14	14	Introduced by:
15	15	(FIN)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING WASTE MANAGEMENT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2023) (a) For the purposes of this 1
25	25	section: 2
26	26	(1) "Break-even point" means the minimum number of reuses after 3
27	27	which a covered material designed for reuse is environmentally 4
28	28	preferable to a comparable covered material intended for discard after 5
29	29	a single use; 6
30	30	(2) "Commissioner" means the Commissioner of Ene rgy and 7
31	31	Environmental Protection; 8
32	32	(3) "Covered materials" means packaging, packaging-like products 9
33	33	and paper materials. "Covered materials" does not include any material 10
34	34	that could become unsafe or unsanitary to recycle by virtue of the 11
35	35	anticipated use of the material or design of the material, as provided for 12
36	36	in the stewardship plan approved pursuant to this section; 13 Raised Bill No. 1242
37	37
38	38
39	39
40	40	LCO No. 6619 2 of 44
41	41
42	42	(4) "Department" means the Department of Energy and 14
43	43	Environmental Protection; 15
44	44	(5) "Packaging" means any container or material used for the 16
45	45	containment, protection, handling, delivery or presentation of goods 17
46	46	that are intended for the consumer market, including through an 18
47	47	Internet transaction. "Packaging" does not include: (A) Any container or 19
48	48	material used for the multiyear protection or storage of a product; (B) 20
49	49	any beverage container subject to the provisions of section 22a-243 of 21
50	50	the general statutes; (C) any container for architectural paint, as defined 22
51	51	in section 22a-904 of the general statutes, that is recycled through a paint 23
52	52	stewardship program that is in operation and that has been approved 24
53	53	by the department pursuant to section 22a-904a of the general statutes; 25
54	54	or (D) any other containers or materials collected through any other 26
55	55	stewardship program; 27
56	56	(6) "Packaging-like products" means the following products that are 28
57	57	intended for the consumer market, including through an Internet 29
58	58	transaction, that are not packaging and are ordinarily discarded after a 30
59	59	single use or short-term use, whether or not they could be reused: (A) 31
60	60	Food containers, including, but not limited to, take-out food containers, 32
61	61	(B) foil and wraps, (C) bags, (D) boxes, (E) straws and items used to stir 33
62	62	beverages, (F) utensils, plates, bowls and cups, (G) party supplies, and 34
63	63	(H) objects purchased by or supplied to consumers expressly for the 35
64	64	purpose of protecting, containing or transporting commodities or 36
65	65	products; 37
66	66	(7) "Packaging stewardship program" or "program" means a program 38
67	67	implemented under this section by a responsible party or stewardship 39
68	68	organization; 40
69	69	(8) "Paper materials" means paper that is not packaging and that is 41
70	70	printed with text or graphics or intended to be printed with text or 42
71	71	graphics as a medium for communicating information, including, but 43
72	72	not limited to: (A) Newsprint and inserts; (B) magazines and catalogs; 44
73	73	(C) paper used for copying, writing or other general use; (D) telephone 45 Raised Bill No. 1242
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75	75
76	76
77	77	LCO No. 6619 3 of 44
78	78
79	79	directories; (E) flyers; (F) brochures; and (G) booklets. "Paper materials" 46
80	80	does not include bound reference, literary or textbooks; 47
81	81	(9) "Stewardship plan" or "plan" means a plan described in subsection 48
82	82	(e) of this section that describes the manner in which a packaging 49
83	83	stewardship program will be administered and operated; 50
84	84	(10) "Post-consumer recycled material" means a material or product 51
85	85	that was made or manufactured from materials that have completed 52
86	86	their intended end use and product life cycle, from households or by 53
87	87	commercial, industrial or institutional facilities and that have been 54
88	88	separated from the solid waste stream for the purposes of collection and 55
89	89	recycling; 56
90	90	(11) "Post-consumer recycled content" means the amount of post-57
91	91	consumer recyclable material used in the manufacture or production of 58
92	92	a new product. "Post-consumer recycled content" does not include 59
93	93	preconsumer or post-industrial secondary material, including, but not 60
94	94	limited to, by-products or materials generated from, and commonly 61
95	95	used within, an original manufacturing and fabrication process; 62
96	96	(12) "Reasonable rate" means the funding rate calculated and 63
97	97	dispersed by a responsible party or stewardship organization using a 64
98	98	formula approved by the Commissioner of Energy and Environmental 65
99	99	Protection and that may vary for: (A) Any municipality that elects to 66
100	100	collect, transport, process and market covered materials through its own 67
101	101	municipal crew or fleet, (B) any municipality that elects to provide for 68
102	102	collection, transportation, processing and marketing of covered 69
103	103	materials through a contract with a service provider, or (C) a service 70
104	104	provider that collects, transports, processes and markets covered 71
105	105	materials through a subscription. "Reasonable rate" for a municipality 72
106	106	includes consideration of (i) the cost to collect, transport, process and 73
107	107	market covered materials, (ii) the cost to collect and transport covered 74
108	108	materials, container rental and fund staff at a transfer station, and (iii) 75
109	109	population density of the municipality; 76
110	110	(13) "Recycling" means the transforming or remanufacturing of a 77 Raised Bill No. 1242
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112	112
113	113
114	114	LCO No. 6619 4 of 44
115	115
116	116	covered material or a covered material's components and by-products 78
117	117	into usable or marketable materials in lieu of virgin materials. 79
118	118	"Recycling" does not include landfill disposal, incineration, energy 80
119	119	recovery or energy generation by means of combustion, or final 81
120	120	conversion to a fuel, of a covered material or covered material's 82
121	121	components and by-products. "Recycling" for plastics includes a 83
122	122	feedstock that is converted to a raw material that is used for the 84
123	123	manufacture of new products; 85
124	124	(14) "Recycled" means: (A) For sorted glass, that such material does 86
125	125	not require further processing before entering a glass furnace or before 87
126	126	use in the production of filtration media, abrasive materials, glass fiber 88
127	127	insulation or construction materials; (B) for sorted metal, that such 89
128	128	material does not require further processing before entering a smelter 90
129	129	or furnace; (C) for sorted paper, that such material does not require 91
130	130	further processing before entering a pulping operation; and (D) for 92
131	131	sorted plastic, that such material does not require further processing 93
132	132	before entering a pelletization, extrusion or molding operation or, in the 94
133	133	case of plastic flakes, that such material does not require further 95
134	134	processing before use in a final product; 96
135	135	(15) "Responsible party" means any person that is determined to be 97
136	136	the responsible party for a covered material, as described in subsection 98
137	137	(b) of this section; 99
138	138	(16) "Retailer" means any person who sells or offers for sale a product 100
139	139	to a consumer, including sales made through an Internet transaction to 101
140	140	be delivered to a consumer in this state; 102
141	141	(17) "Reuse" or "reusable" means, with respect to a covered material, 103
142	142	that the covered material (A) is capable of being refilled or reused for its 104
143	143	original purpose and the responsible party or a designated third party 105
144	144	for that covered material provides a program for the consumer to refill 106
145	145	the covered material; or (B) the responsible party or a designated third 107
146	146	party for that covered material provides a program where the covered 108
147	147	material is collected and refilled or reused by the responsible party or 109 Raised Bill No. 1242
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149	149
150	150
151	151	LCO No. 6619 5 of 44
152	152
153	153	another responsible party, provided such program meets or exceeds any 110
154	154	recovery, recycling and reuse performance goals established pursuant 111
155	155	to this section and such covered materials are designed to be reused and 112
156	156	refilled within the material's life cycle to the break-even point with a 113
157	157	comparable discarded covered material; and 114
158	158	(18) "Stewardship organization" means a nonprofit organization, 115
159	159	association or entity that assumes the responsibilities, obligations and 116
160	160	liabilities under this section of multiple responsible parties for covered 117
161	161	materials. 118
162	162	(b) The responsible party for a covered material shall be determined 119
163	163	as follows: 120
164	164	(1) For covered materials sold, offered for sale or distributed at a 121
165	165	physical retail location in the state: (A) The responsible party is the 122
166	166	person who manufactures the covered material or good sold in covered 123
167	167	material if the covered material or good is sold under the manufacturer's 124
168	168	own brand or is sold in covered materials that lack identification of a 125
169	169	brand; (B) if the covered material or good is manufactured by a person 126
170	170	other than the brand owner, the responsible party is the person that is 127
171	171	the licensee of a brand or trademark under which the covered material 128
172	172	or good is used in a commercial enterprise, sold, offered for sale or 129
173	173	distributed in or into this state, whether or not the trademark is 130
174	174	registered in this state; and (C) if there is no person described in 131
175	175	subparagraph (A) or (B) of this subdivision within the United States, the 132
176	176	responsible party is the person that imports the covered material or 133
177	177	good into the United States for use in a commercial enterprise that sells, 134
178	178	offers for sale or distributes the covered material or good into this state. 135
179	179	(2) For covered materials sold or distributed in or into this state via 136
180	180	remote sale or distribution: (A) The responsible party for a covered 137
181	181	material used to directly protect or contain a good, whether or not the 138
182	182	good is a covered material, is the same as the responsible party for 139
183	183	purposes of subdivision (1) of this subsection, and (B) the responsible 140
184	184	party for the covered material used to ship a good to a consumer, 141 Raised Bill No. 1242
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186	186
187	187
188	188	LCO No. 6619 6 of 44
189	189
190	190	whether or not the good is a covered material, is the person that offers 142
191	191	the good for sale or distribution if there is not otherwise an identified 143
192	192	brand that appears on the covered material. 144
193	193	(c) On or before January 1, 2025, any responsible party or stewardship 145
194	194	organization authorized to operate and administer a program on its 146
195	195	behalf that intends to submit a stewardship plan pursuant to subsection 147
196	196	(e) of this section shall register with the Commissioner of Energy and 148
197	197	Environmental Protection, provided any responsible party or 149
198	198	stewardship organization operating on behalf of responsible parties 150
199	199	may submit a registration for approval to the commissioner in 151
200	200	accordance with this subsection after January 1, 2025. A responsible 152
201	201	party shall only participate in one stewardship organization for each of 153
202	202	such party's type of covered material. Such registration shall be on a 154
203	203	form prescribed by the commissioner and shall: (1) Identify each 155
204	204	responsible party that intends to authorize the stewardship 156
205	205	organization to operate and administer a program on its behalf, (2) 157
206	206	provide the name, address and contact information of any person 158
207	207	responsible for ensuring the responsible party or stewardship 159
208	208	organization and the responsible parties that have authorized the 160
209	209	stewardship organization to operate a program on such parties' behalf 161
210	210	comply with the requirements of this section, and (3) describe a scope of 162
211	211	work for a study conducted by a third party that the responsible party 163
212	212	or stewardship organization intends to fund to assess recycling and 164
213	213	covered materials management needs in the state. Such scope of work 165
214	214	may build on the plan developed pursuant to section 22a-228 of the 166
215	215	general statutes to assess (A) the current rates of recycling for each 167
216	216	covered material with regard to the performance goals described in this 168
217	217	section, to the extent available, (B) current funding needs affecting 169
218	218	recycling access and availability in the state, (C) the capacity, costs and 170
219	219	needs associated with the collection, transportation and processing of 171
220	220	covered materials in the state, (D) the net cost of end-of-life management 172
221	221	of discarded covered materials, including the cost of collection, 173
222	222	transportation and processing of recyclables and municipal solid waste 174
223	223	incinerated or landfilled inside or outside the state, (E) the availability 175 Raised Bill No. 1242
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225	225
226	226
227	227	LCO No. 6619 7 of 44
228	228
229	229	of opportunities in the recycling and reuse systems for minority and 176
230	230	women-owned businesses, (F) barriers affecting recycling access and 177
231	231	availability in the state, (G) barriers to the marketability of recyclable 178
232	232	materials generated in the state, (H) opportunities for the creation of 179
233	233	packaging reuse and refill programs in the state, and (I) consumer 180
234	234	education needs in the state with respect to recycling and reducing 181
235	235	contamination in collected covered materials. The commissioner shall 182
236	236	make a determination whether to approve the scope of work required 183
237	237	by subdivision (3) of this subsection. In the event that the commissioner 184
238	238	disapproves such scope of work because it does not meet the 185
239	239	requirements of said subdivision, the commissioner shall notify, in 186
240	240	writing, the responsible party or stewardship organization of the 187
241	241	reasons for disapproval. The responsible party or stewardship 188
242	242	organization shall revise and resubmit the scope of work to the 189
243	243	commissioner not later than thirty days after receipt of notice of the 190
244	244	commissioner's disapproval notice. Not later than thirty days after 191
245	245	receipt of the revised scope of work, the commissioner shall review and 192
246	246	approve or disapprove the revised scope of work, and provide a notice 193
247	247	of determination to the responsible party or stewardship organization. 194
248	248	The responsible party or stewardship organization may resubmit a 195
249	249	revised scope of work to the commissioner for approval on not more 196
250	250	than one occasion. If the responsible party or stewardship organization 197
251	251	fails to submit a scope of work that is acceptable to the commissioner 198
252	252	because it does not meet the requirements of subdivision (3) of this 199
253	253	subsection, the commissioner shall modify a submitted scope of work to 200
254	254	make it conform to the requirements of said subdivision and approve it. 201
255	255	In deciding whether to approve any such scope of work, the 202
256	256	commissioner may consider prior registrations submitted by any 203
257	257	responsible party or stewardship organization. After the commissioner 204
258	258	approves a scope of work for a study, the responsible party or 205
259	259	stewardship organization shall cause such study to be conducted. 206
260	260	(d) (1) Not later than one hundred eighty days after a responsible 207
261	261	party or stewardship organization registers with the Commissioner of 208
262	262	Energy and Environmental Protection, the responsible party or 209 Raised Bill No. 1242
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264	264
265	265
266	266	LCO No. 6619 8 of 44
267	267
268	268	stewardship organization shall establish and nominate members to an 210
269	269	advisory committee to advise and provide comment to the responsible 211
270	270	party or stewardship organization regarding any plan prior to approval, 212
271	271	and any substantive changes to a program prior to submission in 213
272	272	accordance with the provisions of this section. Such advisory committee 214
273	273	shall meet not less than once a year or more frequently as needed, and 215
274	274	shall review any plans, revisions to a plan or substantive changes to a 216
275	275	plan prior to submission of such plan, revisions or changes to the 217
276	276	commissioner in accordance with the provisions of this section. The 218
277	277	advisory committee shall assume the responsibilities assigned to it 219
278	278	under this section for any and all subsequent responsible parties or 220
279	279	stewardship organizations. 221
280	280	(2) Any such advisory committee shall include, at a minimum (A) the 222
281	281	Commissioner of Energy and Environmental Protection, or the 223
282	282	commissioner's designee, (B) a representative from a municipal 224
283	283	association or municipal government, (C) a representative of a regional 225
284	284	or municipal waste management program, (D) an individual with 226
285	285	expertise in the development of recycling markets, (E) a representative 227
286	286	of a materials recycling facility located in the state, (F) a representative 228
287	287	of waste haulers or a regional waste management and recycling 229
288	288	organization, (G) a representative of a state-wide retail association, (H) 230
289	289	a representative of a nonprofit environmental advocacy organization, (I) 231
290	290	a representative of a community-based organization or an organization 232
291	291	representing equity and underrepresented stakeholders, (J) a 233
292	292	representative of a nonprofit organization dedicated to litter cleanup, 234
293	293	(K) an individual with expertise in environmental and human health, 235
294	294	(L) a representative of a manufacturer of packaging, (M) a 236
295	295	representative of a material supplier, and (N) a representative of 237
296	296	responsible parties. 238
297	297	(3) The Commissioner of Energy and Environmental Protection shall 239
298	298	approve all nominations to any such advisory committee and may add 240
299	299	new members to such advisory committee at the commissioner's 241
300	300	discretion. The commissioner may not approve an advisory committee 242
301	301	member to fulfill more than one of the membership categories provided 243 Raised Bill No. 1242
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303	303
304	304
305	305	LCO No. 6619 9 of 44
306	306
307	307	for in subdivision (2) of this subsection. 244
308	308	(e) On or before January 1, 2026, a responsible party or a stewardship 245
309	309	organization authorized to operate and administer a program on behalf 246
310	310	of responsible parties shall submit a stewardship plan for the 247
311	311	establishment of a packaging stewardship program described in this 248
312	312	subsection to the Commissioner of Energy and Environmental 249
313	313	Protection for approval. Any such packaging stewardship program 250
314	314	shall: (1) Minimize public sector involvement in the management of 251
315	315	covered materials, (2) to the greatest extent technologically feasible and 252
316	316	economically practical, manage covered materials in accordance with 253
317	317	the sustainable materials management priority provided for in 254
318	318	subsection (b) of section 22a-228 of the general statutes, (3) minimize 255
319	319	greenhouse gas emissions from the life cycles of covered materials and 256
320	320	from program operation, (4) negotiate and execute agreements to 257
321	321	collect, transport and process covered materials using environmentally 258
322	322	sound management practices, (5) provide for convenient and accessible 259
323	323	state-wide collection of covered materials that shall be at least as 260
324	324	convenient as the collection methods used as of the effective date of this 261
325	325	section, (6) ensure meaningful and continuous improvement of the 262
326	326	program, (7) develop and equitably assign to responsible parties a fee 263
327	327	sufficient to cover the costs of operating and administering the program 264
328	328	consistent with the requirements of this section, (8) provide technical 265
329	329	assistance to municipalities, regional associations, waste and recycling 266
330	330	collectors, transporters and processors and any other entity that 267
331	331	participates in the packaging stewardship program, as needed to 268
332	332	achieve compliance with the performance goals described in this 269
333	333	section, (9) provide for investment in existing and future reuse 270
334	334	programs, recycling infrastructure and end-market development in the 271
335	335	state, as needed to achieve compliance with the performance goals 272
336	336	described in this section, (10) provide consistent and ongoing outreach, 273
337	337	education and communication to consumers throughout the state 274
338	338	regarding participation in the program, and (11) for covered materials, 275
339	339	ensure compliance with sections 22a-255h to 22a-255m, inclusive, of the 276
340	340	general statutes and ensure continuous and meaningful reduced 277 Raised Bill No. 1242
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342	342
343	343
344	344	LCO No. 6619 10 of 44
345	345
346	346	toxicity of covered materials. 278
347	347	(f) Any stewardship plan submitted pursuant to this section shall be 279
348	348	submitted on a form prescribed by the Commissioner of Energy and 280
349	349	Environmental Protection and shall: (1) Identify each responsible party 281
350	350	that authorized the stewardship organization to operate and administer 282
351	351	the program on the party's behalf and the brands and types of covered 283
352	352	materials of the responsible parties participating in the stewardship 284
353	353	organization, (2) provide the name, address and contact information of 285
354	354	each person responsible for ensuring the stewardship organization and 286
355	355	the responsible parties that have authorized the stewardship 287
356	356	organization to operate such program on their behalf in compliance 288
357	357	with the provisions of this section, (3) include the results from the study 289
358	358	conducted pursuant to subsection (c) of this section, (4) describe how 290
359	359	the program will fund the net costs associated with the collection, 291
360	360	transportation, processing and marketing of covered materials, 292
361	361	including payments to public and private entities at a reasonable rate, 293
362	362	(5) propose state-wide performance goals, and a justification for each 294
363	363	goal, for each type of covered material sold in the state to be achieved 295
364	364	not later than five years after the implementation date of the program. 296
365	365	Such performance goals shall be technologically feasible and 297
366	366	economically practical and shall include (A) a minimum reduction rate 298
367	367	measured as the total reduction in the amount of each type of covered 299
368	368	material, (B) a minimum reuse rate measured as the total amount of each 300
369	369	type of covered material exempted from the program through transition 301
370	370	to a reuse program, (C) a minimum recovery rate measured as the total 302
371	371	amount of each type of covered material divided by the tons of such 303
372	372	type of covered material recovered through collection, (D) a minimum 304
373	373	recycling rate measured as the total amount of each type of covered 305
374	374	material divided by the tons of such type of covered material managed 306
375	375	through recycling, (E) a minimum post-consumer recycled content rate 307
376	376	measured as the percentage of total tons of each type of covered material 308
377	377	manufactured using post-consumer recycled content over a year, and 309
378	378	(F) a minimum contamination rate for recycling collection measured as 310
379	379	the percentage of total covered materials collected divided by the 311 Raised Bill No. 1242
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381	381
382	382
383	383	LCO No. 6619 11 of 44
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385	385	amount of covered materials disposed after collection, (6) describe the 312
386	386	general process for state-wide, year-round convenient and accessible 313
387	387	collection and transportation of covered materials, including collection 314
388	388	from residences, multifamily apartment buildings, public spaces and 315
389	389	transfer stations and other residential recycling collection locations. 316
390	390	Such collection shall be at least as convenient as the system utilized as 317
391	391	of the effective date of this section and shall be provided at no cost to 318
392	392	residences and multifamily apartment buildings from which covered 319
393	393	materials are collected. Accessible collection of covered materials shall 320
394	394	include arrangement for the diverse physical and language needs of a 321
395	395	certain population, (7) describe how collected covered materials will be 322
396	396	processed, including the names of contracted facilities and end markets. 323
397	397	For any covered material that will be marketed for use through a 324
398	398	method other than mechanical recycling, the plan shall describe: (A) 325
399	399	How the proposed method will affect the ability of the material to be 326
400	400	recycled into feedstock for the manufacture of new products, (B) how 327
401	401	the proposed method will affect the types and amounts of plastic 328
402	402	recycled for food and pharmaceutical-grade applications, (C) any 329
403	403	applicable air, water and waste permitting compliance requirements, 330
404	404	and (D) an analysis of the environmental impacts for the proposed 331
405	405	method compared to the environmental impacts of mechanical 332
406	406	recycling, incineration and landfill disposal as solid waste, (8) describe 333
407	407	how the program will provide technical assistance to municipalities, 334
408	408	regional associations, waste and recycling collectors, transporters and 335
409	409	processors and other entities that participate in the stewardship 336
410	410	program, (9) describe how the program will abate covered materials 337
411	411	litter in the state. Such program shall not include payments for litter 338
412	412	cleanup, but may include, but not be limited to, grants to nonprofits for 339
413	413	litter collection programs in the state, sponsorships and serving as 340
414	414	advisors to such nonprofits and litter prevention, reduction and 341
415	415	education programs, (10) describe how the program intends to provide 342
416	416	consistent and ongoing outreach, education and communication to 343
417	417	consumers throughout the state regarding participation in the program. 344
418	418	To the greatest extent feasible, the program shall ensure that any 345
419	419	educational materials developed for the program have consistent 346 Raised Bill No. 1242
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421	421
422	422
423	423	LCO No. 6619 12 of 44
424	424
425	425	branding and are consistent with RecycleCT Foundation educational 347
426	426	messaging and materials, and that educational materials are developed 348
427	427	to have applicability to all residents of the state, including, but not 349
428	428	limited to, residents with varying methods of collection of covered 350
429	429	materials, residents with multilingual needs, residents who live in 351
430	430	single-family or multifamily housing and residents who are 352
431	431	underserved by traditional methods of communication, (11) describe 353
432	432	how the program intends to provide for investment in existing and 354
433	433	future reuse programs, recycling infrastructure and end-market 355
434	434	development in the state, (12) include a description of a closure plan that 356
435	435	shall ensure that in the event the stewardship organization ceases to 357
436	436	exist or the commissioner suspends or revokes approval of an 358
437	437	implemented plan, the funds held by the stewardship organization will 359
438	438	(A) remain within a separate fund until the commissioner renews 360
439	439	approval of a plan, or (B) be transferred to a successor stewardship 361
440	440	organization, (13) if more than one responsible party or stewardship 362
441	441	organization registers with the commissioner to carry out the 363
442	442	requirements of this section, describe how each responsible party or 364
443	443	stewardship organization that submits a plan for approval intends to 365
444	444	collaborate with other responsible parties or product stewardship 366
445	445	organizations in the state, (14) describe how the responsible party or 367
446	446	stewardship organization intends to address the program needs 368
447	447	assessed through the approved study conducted pursuant to subsection 369
448	448	(c) of this section, and (15) include any other information required by 370
449	449	the commissioner. 371
450	450	(g) Nothing in this section shall preclude additional responsible 372
451	451	parties or stewardship organizations authorized to operate and 373
452	452	administer a program on behalf of responsible parties from submitting 374
453	453	plans for approval to the commissioner in accordance with this section 375
454	454	after January 1, 2025, provided a responsible party shall authorize only 376
455	455	one stewardship organization per type of covered material. 377
456	456	(h) Any stewardship organization, authorized by a responsible party 378
457	457	to operate and administer a program on its behalf, shall establish a fee 379
458	458	structure that covers, but does not exceed, the costs of (1) developing the 380 Raised Bill No. 1242
459	459
460	460
461	461
462	462	LCO No. 6619 13 of 44
463	463
464	464	plan described in subsection (f) of this section, (2) operating and 381
465	465	administering the program described in subsection (e) of this section, 382
466	466	and (3) maintaining a financial reserve sufficient to operate the program 383
467	467	over a multiyear period of time in a fiscally prudent and responsible 384
468	468	manner. Such stewardship organization may update the fee schedule no 385
469	469	more than annually as needed, or as directed by the Commissioner of 386
470	470	Energy and Environmental Protection if the commissioner determines 387
471	471	that the modulations are insufficient to incentivize program or covered 388
472	472	materials redesign. Such fee schedule shall: (A) Reflect a responsible 389
473	473	party's share of covered materials sold in the state, (B) provide for a flat-390
474	474	fee option to be assessed on a tiered basis such that any responsible 391
475	475	party other than a responsible party that is exempt and that generates 392
476	476	less than fifteen tons of covered materials in a calendar year, is required 393
477	477	to pay not more than five hundred dollars per ton of covered materials 394
478	478	to the stewardship organization pursuant to this subsection, regardless 395
479	479	of the type of covered material, and (C) for responsible parties that are 396
480	480	not exempt, reflect the cost to collect, process and market the type of 397
481	481	covered material sold in the state by a responsible party. Such fee 398
482	482	structure shall include, but not be limited to, modulations to payments 399
483	483	in a manner that incentivizes, through increased or reduced fees, the 400
484	484	following: (i) The use of covered materials that have a longer life span, 401
485	485	(ii) the use of post-consumer recycled content in covered materials, (iii) 402
486	486	increased recyclability of covered materials, (iv) lower toxicity in 403
487	487	covered materials, (v) a reduction in the amount of covered materials 404
488	488	used, (vi) a reduction in the amount of a responsible party's covered 405
489	489	materials in litter, (vii) labeling of covered materials in such a way that 406
490	490	reduces consumer confusion, (viii) the use of covered materials that are 407
491	491	recycled in a country listed as a member of the Organization for 408
492	492	Economic Cooperation and Development, (ix) the use of covered 409
493	493	materials that do not disrupt recycling processes, and (x) the use of 410
494	494	covered materials that have lower associated greenhouse gas emissions. 411
495	495	(i) Nothing in this section shall prohibit a stewardship organization 412
496	496	from establishing and requiring by private agreement or contract the 413
497	497	payment of other fees associated with a covered material's supply chain 414 Raised Bill No. 1242
498	498
499	499
500	500
501	501	LCO No. 6619 14 of 44
502	502
503	503	by third parties that are not responsible parties. 415
504	504	(j) Not later than one hundred eighty days after submission of a plan 416
505	505	pursuant to this section, the Commissioner of Energy and 417
506	506	Environmental Protection shall make a determination whether to 418
507	507	approve such plan. Prior to making such determination, the 419
508	508	commissioner shall post the plan on the Department of Energy and 420
509	509	Environmental Protection's Internet web site and accept public 421
510	510	comments on the plan. In the event that the commissioner disapproves 422
511	511	the plan because it does not meet the requirements of this section, the 423
512	512	commissioner shall describe the reasons for the disapproval in a notice 424
513	513	of determination that the commissioner shall provide to the responsible 425
514	514	party or stewardship organization, as applicable. The responsible party 426
515	515	or stewardship organization, as applicable, shall revise and resubmit the 427
516	516	plan to the commissioner not later than sixty days after receipt of notice 428
517	517	of the commissioner's disapproval notice. Not later than forty-five days 429
518	518	after receipt of the revised plan, the commissioner shall review and 430
519	519	approve or disapprove the revised plan and notify, in writing, the 431
520	520	responsible party or stewardship organization whether the revised plan 432
521	521	was approved or disapproved, and if disapproved, indicate the reasons 433
522	522	for disapproval. The responsible party or stewardship organization may 434
523	523	resubmit a revised plan to the commissioner for approval on not more 435
524	524	than two occasions. If the responsible party or stewardship organization 436
525	525	fails to submit a plan that is acceptable to the commissioner because it 437
526	526	does not meet the requirements of this section, the commissioner shall 438
527	527	modify a submitted plan to make it conform to the requirements of this 439
528	528	section and approve it. Not later than one hundred eighty days after the 440
529	529	approval of a plan pursuant to this section, the responsible party or 441
530	530	stewardship organization, as applicable, shall implement the approved 442
531	531	plan for a packaging stewardship program. In deciding whether to 443
532	532	approve any such plan, the commissioner may consider any of the 444
533	533	following: (1) The extent to which the advice and comments provided 445
534	534	by the advisory committee to the stewardship organization regarding 446
535	535	the plan and the process by which the stewardship organization intends 447
536	536	to include advice and comments regarding future program expansions 448 Raised Bill No. 1242
537	537
538	538
539	539
540	540	LCO No. 6619 15 of 44
541	541
542	542	and improvements and the operation of the program were included in 449
543	543	the plan, (2) the ambition and achievability of performance goals in such 450
544	544	plan subdivision, including: (A) The specificity of material types, and 451
545	545	(B) the performance goals set in other jurisdictions, (3) the timeliness 452
546	546	and effectiveness of the plan to achieve the requirements of this section, 453
547	547	(4) whether the funding mechanism described in the plan by the 454
548	548	stewardship organization is reasonable and adequate to fund the costs 455
549	549	of such program in accordance with the provisions of this section, and 456
550	550	(5) the extent to which the plan adequately promotes the sustainable 457
551	551	materials management priority set forth in subsection (b) of section 22a-458
552	552	228 of the general statutes and moves covered materials higher up the 459
553	553	sustainable materials management prioritization. 460
554	554	(k) Each responsible party or stewardship organization, as 461
555	555	applicable, shall submit any proposed substantive changes to a program 462
556	556	to the Commissioner of Energy and Environmental Protection for 463
557	557	approval and present said substantive changes to the applicable 464
558	558	advisory committee for comment. For the purposes of this subsection, 465
559	559	"substantive change" means: (1) A change in the processing facilities to 466
560	560	be used for covered materials collected pursuant to the program, or (2) 467
561	561	a material change to the system for collecting, transporting or 468
562	562	processing covered materials. 469
563	563	(l) Not later than three years after the implementation date of a 470
564	564	program, each responsible party or stewardship organization, as 471
565	565	applicable, shall submit updated performance goals to the 472
566	566	Commissioner of Energy and Environmental Protection that are based 473
567	567	on the experience of the program during the first three years of the 474
568	568	program. 475
569	569	(m) Each responsible party or stewardship organization, as 476
570	570	applicable, shall notify the Commissioner of Energy and Environmental 477
571	571	Protection of other material changes to such program on an ongoing 478
572	572	basis, without resubmission of the plan to the commissioner for 479
573	573	approval. Such changes shall include, but not be limited to, any change 480
574	574	in the composition, officers or contact information of such responsible 481 Raised Bill No. 1242
575	575
576	576
577	577
578	578	LCO No. 6619 16 of 44
579	579
580	580	party or stewardship organization, as applicable. 482
581	581	(n) On and after the implementation date of a stewardship program 483
582	582	pursuant to this section, a responsible party's covered materials may not 484
583	583	be sold in the state unless the covered materials are managed under an 485
584	584	approved stewardship plan and the responsible party has submitted all 486
585	585	required information and fees to any applicable stewardship 487
586	586	organization that is authorized to operate and administer a program on 488
587	587	such party's behalf. Any new covered materials sold at retail or sold or 489
588	588	distributed through remote sale after the implementation date of a 490
589	589	stewardship program pursuant to this section shall be reported to the 491
590	590	Commissioner of Energy and Environmental Protection by such 492
591	591	stewardship organization. No retailer or distributor shall be found to be 493
592	592	in violation of the provisions of this subsection if, on the date the 494
593	593	covered material was ordered from the responsible party or its agent, 495
594	594	the responsible party was listed on the Department of Energy and 496
595	595	Environmental Protection's Internet web site in accordance with the 497
596	596	provisions of this section. 498
597	597	(o) Not later than October fifteenth of each year, each responsible 499
598	598	party or stewardship organization authorized to operate and administer 500
599	599	a stewardship program pursuant to this section shall submit an annual 501
600	600	report to the Commissioner of Energy and Environmental Protection on 502
601	601	a form prescribed by the commissioner. The commissioner shall post 503
602	602	such annual report on the Department of Energy and Environmental 504
603	603	Protection's Internet web site. Such report shall include: (1) A list of 505
604	604	responsible parties and the brands and types of covered materials of the 506
605	605	responsible parties participating in any such stewardship organization, 507
606	606	(2) the tonnage, by type, of covered materials sold in the state by 508
607	607	responsible parties during the prior year, (3) progress made toward 509
608	608	achieving the performance goals and an evaluation of the effectiveness 510
609	609	of methods and processes used to achieve such performance goals of the 511
610	610	program, (4) a description of how such stewardship organization 512
611	611	intends to improve the program in line with performance goals, if such 513
612	612	evaluation demonstrates the program is not achieving the approved 514
613	613	performance goals, (5) the tonnage, by type, of covered materials 515 Raised Bill No. 1242
614	614
615	615
616	616
617	617	LCO No. 6619 17 of 44
618	618
619	619	managed through: (A) Recycling, (B) disposal, and (C) any other 516
620	620	method, (6) a description of how the processes, methods and end-517
621	621	markets used to manage each type of covered material promoted the 518
622	622	sustainable materials management priority in subsection (b) of section 519
623	623	22a-228 of the general statutes, including for covered material that was 520
624	624	not managed through recycling, (7) a description of the efforts taken by 521
625	625	or on behalf of responsible parties or the stewardship organization, as 522
626	626	applicable, to minimize environmental and human health impacts 523
627	627	throughout the program operation and covered material life cycle and 524
628	628	to increase reusability or recyclability at the end of the material's life 525
629	629	cycle, (8) identification of covered materials that could be designed to 526
630	630	be refillable or reusable, (9) a detailed description of any strategic 527
631	631	investment in reuse and recycling infrastructure and end-market 528
632	632	development in the state, (10) the fee schedule developed by the 529
633	633	responsible party or stewardship organization, as applicable, for the 530
634	634	prior year, and a description of how the fees incentivized collection, 531
635	635	processing or redesign of covered materials pursuant to the 532
636	636	modulations described in this section, (11) the estimated fee schedule 533
637	637	for the next year, including the expected fee rate changes based on shifts 534
638	638	in material value, (12) a description of covered material litter abatement 535
639	639	efforts taken by, on behalf of, or funded by, the responsible party or 536
640	640	stewardship organization, as applicable, (13) a description of the 537
641	641	outreach, education and communication efforts taken by, on behalf of, 538
642	642	or funded by, the responsible party or stewardship organization, as 539
643	643	applicable, (14) recommendations for changes to the program, and (15) 540
644	644	any other information requested by the commissioner. 541
645	645	(p) Two years after the implementation of a stewardship program 542
646	646	pursuant to this section and every two years thereafter, or upon the 543
647	647	request of the Commissioner of Energy and Environmental Protection 544
648	648	but not more frequently than once per year, each responsible party or 545
649	649	stewardship organization, as applicable, authorized to operate and 546
650	650	administer a stewardship program pursuant to this section shall cause 547
651	651	an audit of the program to be conducted by an independent auditor. 548
652	652	Such audit shall review the accuracy of the responsible party or 549 Raised Bill No. 1242
653	653
654	654
655	655
656	656	LCO No. 6619 18 of 44
657	657
658	658	stewardship organization's data concerning the program and provide 550
659	659	any other information requested by the commissioner, consistent with 551
660	660	the requirements of this section. Such audit shall be paid for by the 552
661	661	responsible party or stewardship organization, as applicable. The 553
662	662	responsible party or stewardship organization, as applicable, shall 554
663	663	maintain all records relating to any such: (1) Audit, (2) annual report 555
664	664	prepared or submitted pursuant to this section, and (3) such 556
665	665	stewardship program for not less than three years. 557
666	666	(q) The Commissioner of Energy and Environmental Protection may 558
667	667	require a plan to be reviewed or revised at any time if the commissioner 559
668	668	(1) has reason to believe the performance goals set pursuant to this 560
669	669	section are not being met or followed by a responsible party or 561
670	670	stewardship organization, as appliable, (2) has reason to believe the 562
671	671	performance goals set pursuant to this section are insufficient to drive 563
672	672	increased improvement in the stewardship program, or (3) determines 564
673	673	a change in circumstances warrants revision of the plan. The 565
674	674	commissioner may rescind approval of a stewardship plan at any time. 566
675	675	(r) A responsible party is exempt from the requirements of this 567
676	676	section if the responsible party: (1) Would otherwise be considered a 568
677	677	responsible party but is responsible for less than one ton of covered 569
678	678	materials per year in the state, (2) has a gross annual revenue of less than 570
679	679	two million dollars, or (3) is a municipality. 571
680	680	(s) If a responsible party can demonstrate to the satisfaction of the 572
681	681	applicable stewardship organization that a type of covered material sold 573
682	682	in the state by such responsible party achieved an eighty-five per cent 574
683	683	or greater recycling rate in the state during the prior calendar year, the 575
684	684	stewardship organization may reduce the fees owed by the responsible 576
685	685	party under this section to an amount that represents no more than the 577
686	686	costs associated with the collection and transportation for recycling in 578
687	687	the state of that type of covered material. Any reduced fees owed by a 579
688	688	responsible party pursuant to this subsection shall remain subject to the 580
689	689	adjustments described in this section. 581 Raised Bill No. 1242
690	690
691	691
692	692
693	693	LCO No. 6619 19 of 44
694	694
695	695	(t) The Commissioner of Energy and Environmental Protection shall 582
696	696	exempt a covered material from the fee payment established in this 583
697	697	section if a responsible party can demonstrate to the commissioner that 584
698	698	said covered material is managed through a viable reuse program. In 585
699	699	order to obtain such exemption, the responsible party shall provide the 586
700	700	commissioner, on a form prescribed by the commissioner, with 587
701	701	information that demonstrates (1) such viability, necessity and 588
702	702	environmental benefit, and (2) how the responsible party intends to 589
703	703	recover and recycle reusable covered material at the end of the 590
704	704	material's life. The responsible party shall report to the commissioner 591
705	705	any substantive changes to such reuse program. The commissioner may 592
706	706	rescind an exemption issued pursuant to this subsection if the approved 593
707	707	reuse program no longer conforms to the information submitted by the 594
708	708	responsible party pursuant to this subsection. 595
709	709	(u) The Commissioner of Energy and Environmental Protection shall 596
710	710	not require the disclosure of any information that the commissioner 597
711	711	finds to be confidential information. For purposes of this subsection, 598
712	712	"confidential information" means any information that if made public 599
713	713	would divulge competitive business information, methods or processes 600
714	714	entitled to protection as trade secrets of such responsible party or 601
715	715	stewardship organization or information that would reasonably hinder 602
716	716	the responsible party or stewardship organization's competitive 603
717	717	advantage in the marketplace. 604
718	718	(v) Not later than three years after the approval of any stewardship 605
719	719	plan pursuant to this section, the Commissioner of Energy and 606
720	720	Environmental Protection shall submit a report, in accordance with the 607
721	721	provisions of section 11-4a of the general statutes, to the joint standing 608
722	722	committee of the General Assembly having cognizance of matters 609
723	723	relating to the environment that describes the results of the applicable 610
724	724	packaging stewardship program and that recommends modifications to 611
725	725	improve the functioning and efficiency of any such program, as 612
726	726	necessary. 613
727	727	(w) Not later than the implementation date of any stewardship 614 Raised Bill No. 1242
728	728
729	729
730	730
731	731	LCO No. 6619 20 of 44
732	732
733	733	program authorized pursuant to this section, the Department of Energy 615
734	734	and Environmental Protection shall list the names of participating 616
735	735	responsible parties and the brands covered by such stewardship 617
736	736	program on the department's Internet web site. 618
737	737	(x) The Department of Energy and Environmental Protection shall 619
738	738	maintain online public records of registered stewardship organizations, 620
739	739	stewardship plans and plan amendments approved pursuant to this 621
740	740	section, annual reports submitted by the responsible party or 622
741	741	stewardship organization, as applicable, to the department, annual 623
742	742	reports by the department to the General Assembly and any other 624
743	743	information the department determines relevant to the provisions of 625
744	744	this section. 626
745	745	(y) Each responsible party or stewardship organization authorized to 627
746	746	operate and administer a stewardship program approved pursuant to 628
747	747	this section shall maintain a public Internet web site that shall, at a 629
748	748	minimum, provide the following information: (1) Each responsible 630
749	749	party that has authorized a stewardship organization to operate and 631
750	750	administer the stewardship program on its behalf and the brands and 632
751	751	types of covered materials of the responsible parties participating in 633
752	752	such packaging stewardship organization, and (2) all applicable plans 634
753	753	approved pursuant to this section, annual reports and audit results. 635
754	754	(z) Each responsible party, retailer or stewardship organization, 636
755	755	including a responsible party's, retailer's or stewardship organization's 637
756	756	officers, members, employees and agents that organize a packaging 638
757	757	stewardship program pursuant to this section shall be immune from 639
758	758	liability for the responsible party's, retailer's or stewardship 640
759	759	organization's conduct under state laws relating to antitrust, restraint of 641
760	760	trade, unfair trade practices and any other regulation of trade or 642
761	761	commerce only to the extent necessary to plan and implement the 643
762	762	responsible party's, retailer's or stewardship organization's stewardship 644
763	763	program in accordance with the provisions of this section. 645
764	764	(aa) Not later than July 1, 2024, the Commissioner of Energy and 646 Raised Bill No. 1242
765	765
766	766
767	767
768	768	LCO No. 6619 21 of 44
769	769
770	770	Environmental Protection shall establish reasonable fees for 647
771	771	administering the program described in this section. All fees charged 648
772	772	shall be based on factors relative to the costs of administering such 649
773	773	program and shall fully cover but not exceed expenses incurred by the 650
774	774	commissioner for the implementation of such program, including 651
775	775	administrative fees associated with sections 22a-255h to 22a-255m, 652
776	776	inclusive, of the general statutes. 653
777	777	(bb) For covered materials collected, transported, processed or 654
778	778	marketed by a municipality directly or through a municipal contract 655
779	779	with a private service provider or where a municipality directly or 656
780	780	through a municipal contract with a service provider provides for 657
781	781	collection, transportation, processing or marketing of covered materials 658
782	782	from public spaces or operates a transfer station, the municipality may 659
783	783	elect to: (1) Continue provision of service without reimbursement, (2) 660
784	784	continue provision of service for a reimbursement at a reasonable rate 661
785	785	from a responsible party or stewardship organization authorized to 662
786	786	operate and administer a program pursuant to this section, or (3) if a 663
787	787	municipality does not elect to provide service, a responsible party or 664
788	788	stewardship organization authorized to operate and administer a 665
789	789	stewardship program pursuant to this section shall be responsible for 666
790	790	contracting with a private service provider for services and shall be 667
791	791	responsible for calculating and dispersing funding at a reasonable rate 668
792	792	for collection, transportation, processing and marketing by said private 669
793	793	service provider. 670
794	794	(cc) In the event that another state implements a stewardship 671
795	795	program for covered materials, or similar materials, a stewardship 672
796	796	organization authorized pursuant to this section may collaborate across 673
797	797	states to conserve efforts and resources used in carrying out a packaging 674
798	798	stewardship program, provided such collaboration is consistent with 675
799	799	the requirements of this section. 676
800	800	(dd) Packaging stewardship program costs shall not include covered 677
801	801	materials collected and managed through a municipal solid waste 678
802	802	disposal program but shall include materials collected and disposed 679 Raised Bill No. 1242
803	803
804	804
805	805
806	806	LCO No. 6619 22 of 44
807	807
808	808	from a facility processing covered materials for recycling. Any 680
809	809	stewardship organization may establish standards for collection, 681
810	810	processing and marketing of covered materials, whether pursuant to a 682
811	811	contract or agreement with a municipality or service provider. 683
812	812	(ee) Any person who violates any provision of this section shall be 684
813	813	assessed a civil penalty not to exceed twenty-five thousand dollars, to 685
814	814	be fixed by the Superior Court, for each offense. Each violation shall be 686
815	815	a separate and distinct offense and, in the case of a continuing violation, 687
816	816	each day's continuance of such violation shall be deemed to be a 688
817	817	separate and distinct offense. The Attorney General, upon request of the 689
818	818	Commissioner of Energy and Environmental Protection, shall institute 690
819	819	a civil action in the superior court for the judicial district of Hartford to 691
820	820	recover such penalty. 692
821	821	(ff) Whenever, in the judgment of the Commissioner of Energy and 693
822	822	Environmental Protection, any person has engaged in or is about to 694
823	823	engage in any act, practice or omission that constitutes, or will 695
824	824	constitute, a violation of any provision of this section, the Attorney 696
825	825	General may, at the request of the commissioner, bring an action in the 697
826	826	superior court for the judicial district of Hartford to enjoin such act, 698
827	827	practice or omission and to seek an order of appropriate remedial 699
828	828	measures. Upon a showing by the commissioner that such person has 700
829	829	engaged in or is about to engage in such act, practice or omission, the 701
830	830	court may issue an order mandating compliance with the provisions of 702
831	831	this section, a permanent or temporary injunction, a restraining order or 703
832	832	other order, as appropriate. 704
833	833	(gg) If two or more persons are responsible for a violation of the 705
834	834	provisions of this section, such persons shall be jointly and severally 706
835	835	liable under this section. 707
836	836	(hh) Any action brought by the Attorney General pursuant to this 708
837	837	section shall have precedence in the order of trial as provided in section 709
838	838	52-191 of the general statutes. 710
839	839	(ii) Upon the effective date of a covered material's stewardship 711 Raised Bill No. 1242
840	840
841	841
842	842
843	843	LCO No. 6619 23 of 44
844	844
845	845	program, the state intends to occupy the field of regulation for such 712
846	846	covered material's stewardship program consistent with the provisions 713
847	847	of this section. A local government may not adopt an ordinance 714
848	848	establishing, requiring the establishment of or otherwise regulating 715
849	849	stewardship programs for covered materials and, from the effective date 716
850	850	of such program, any ordinance or regulation that violates the 717
851	851	provisions of this subsection shall be void and has no force or effect. 718
852	852	(jj) Nothing in this section shall be construed to impact an entity's 719
853	853	eligibility for any state or local incentive or assistance program to which 720
854	854	such entity is otherwise eligible. 721
855	855	(kk) The Department of Energy and Environmental Protection may 722
856	856	opt in to a regional or national collaborative, in lieu of the requirements 723
857	857	in this section, if the regional or national program addresses the same or 724
858	858	similar covered materials and purpose of this section. 725
859	859	(ll) At such time as an enforceable federal covered materials 726
860	860	stewardship program is implemented, not later than one hundred 727
861	861	eighty days after the effective date of such federal program, the 728
862	862	Department of Energy and Environmental Protection shall determine 729
863	863	the applicability of such federal program with the requirements of this 730
864	864	section and may adopt participation in such federal program, in lieu of 731
865	865	the requirements of this section if the federal program addresses the 732
866	866	same or similar covered materials and purpose of this section. 733
867	867	(mm) No registered stewardship organization shall create any 734
868	868	unreasonable barrier for participation by responsible parties in such 735
869	869	stewardship organization. 736
870	870	(nn) Nothing in this section shall be construed to prohibit a person 737
871	871	who is not a responsible party from voluntarily participating in a 738
872	872	stewardship organization provided such person complies with all 739
873	873	requirements of this section. 740
874	874	(oo) The Department of Energy and Environmental Protection may 741
875	875	suspend or revoke a responsible party or stewardship organization's 742 Raised Bill No. 1242
876	876
877	877
878	878
879	879	LCO No. 6619 24 of 44
880	880
881	881	approved plan if the department determines that (1) a violation or 743
882	882	repeated violations of this section occurred, or (2) such a violation had 744
883	883	a material impact on the implementation and administration of the 745
884	884	responsible party's or stewardship organization's plan. 746
885	885	Sec. 2. (NEW) (Effective October 1, 2023) (a) For purposes of this 747
886	886	section: 748
887	887	(1) "Department" means the Department of Energy and 749
888	888	Environmental Protection; 750
889	889	(2) "Commissioner" means the Commissioner of Energy and 751
890	890	Environmental Protection; 752
891	891	(3) "Beverage" means any potable liquid for human consumption, 753
892	892	unless used, designed or otherwise intended for use as infant formula, 754
893	893	medical food, medical beverage, food for special dietary use or as 755
894	894	fortified oral nutritional supplements; 756
895	895	(4) "Food for special dietary use" has the same meaning as provided 757
896	896	in 21 USC Section 105.3; 758
897	897	(5) "Medical food" and "infant formula" have the same meanings as 759
898	898	provided in the federal Food, Drug, and Cosmetic Act, 21 USC 21 760
899	899	Section 301 et seq.; 761
900	900	(6) "Plastic" means a manufactured or synthetic material made from 762
901	901	linking monomers through a chemical reaction to create a polymer chain 763
902	902	that can be molded or extruded at high heat into various solid forms; 764
903	903	(7) "Plastic beverage container" means any individual, sealable, 765
904	904	separate bottle, can, jar, carton or other container that is made of plastic 766
905	905	and intended to contain a beverage of not more than two gallons in 767
906	906	capacity. "Plastic beverage container" does not include any refillable 768
907	907	beverage container, including any container that is sufficiently durable 769
908	908	for multiple rotations of such container's original or similar purpose and 770
909	909	that is intended to function in a system of reuse; 771 Raised Bill No. 1242
910	910
911	911
912	912
913	913	LCO No. 6619 25 of 44
914	914
915	915	(8) "Post-consumer recyclable material" means a material or product 772
916	916	generated by households or by commercial, industrial or institutional 773
917	917	facilities in the role of an end‐user of the material or product that can no 774
918	918	longer be used for its intended purpose or that was returned from the 775
919	919	distribution chain and has been separated from the solid waste stream 776
920	920	for the purpose of collection and recycling; 777
921	921	(9) "Post-consumer recycled content" means the amount of post-778
922	922	consumer recyclable material used in the manufacture or production of 779
923	923	a new product. "Post-consumer recycled content" does not include 780
924	924	preconsumer or post-industrial secondary waste material, including, 781
925	925	but not be limited to, materials and by‐products generated from and 782
926	926	commonly used within an original manufacturing and fabrication 783
927	927	process; 784
928	928	(10) "Producer" means any person responsible for compliance with 785
929	929	minimum post-consumer recycled content requirements for a plastic 786
930	930	beverage container, including: (A) Any owner or licensee of a brand or 787
931	931	trademark for a plastic beverage container that is sold under such 788
932	932	owner's or licensee's owned or licensed brand or trademark regardless 789
933	933	of whether such trademark is registered in this state; (B) the 790
934	934	manufacturer of a plastic beverage container that lacks identification of 791
935	935	a brand at the point of sale or the person who manufactures such plastic 792
936	936	beverage container; and (C) if there is no other person described in this 793
937	937	subsection over whom the state can constitutionally exercise 794
938	938	jurisdiction, the person who imports or distributes the plastic beverage 795
939	939	container in or into the state; 796
940	940	(11) "Manufacturer" means any person that produces or generates a 797
941	941	plastic beverage container. "Manufacturer" does not include: (A) Any 798
942	942	government agency, municipality or other political subdivision of the 799
943	943	state, (B) any organization registered under Section 501(c)(3) or 501(c)(4) 800
944	944	of the Internal Revenue Code, or (C) any producer that annually sells, 801
945	945	offers for sale, distributes or imports into the country for sale in this state 802
946	946	(i) less than one ton of plastic beverage containers each year, or (ii) 803
947	947	plastic beverage containers that, in aggregate, generate less than one 804 Raised Bill No. 1242
948	948
949	949
950	950
951	951	LCO No. 6619 26 of 44
952	952
953	953	million dollars each year in sales in the state; and 805
954	954	(12) "Person" has the same meaning as provided in section 22a-2 of 806
955	955	the general statutes. 807
956	956	(b) On and after July 1, 2025, any plastic beverage container offered 808
957	957	for sale or distributed in this state shall contain not less than fifteen per 809
958	958	cent post-consumer recycled content. 810
959	959	(c) On and after July 1, 2028, any plastic beverage container offered 811
960	960	for sale or distributed in this state shall contain not less than twenty-five 812
961	961	per cent post-consumer recycled content. 813
962	962	(d) On and after July 1, 2033, any plastic beverage container offered 814
963	963	for sale or distributed in this state shall contain not less than fifty per 815
964	964	cent post-consumer recycled content. 816
965	965	(e) On or before February 1, 2027, the commissioner, in accordance 817
966	966	with section 11-4a of the general statutes, shall submit to the joint 818
967	967	standing committee of the General Assembly having cognizance of 819
968	968	matters relating to the environment a report reviewing the minimum 820
969	969	post-consumer recycled content requirements of this section. Such 821
970	970	report shall include, but need not be limited to: (1) A determination of 822
971	971	whether the requirements of this section are achievable; (2) any 823
972	972	recommendations on whether the percentages contained in this section 824
973	973	require adjustment; and (3) any recommendations for the expansion of 825
974	974	post-consumer recycled content requirements to other packaging or 826
975	975	product categories and the attendant percentage requirements 827
976	976	recommended for each packaging or product category. 828
977	977	(f) Each producer shall achieve compliance with the post-consumer 829
978	978	recycled content requirements in this section based upon the portion of 830
979	979	such content, by weight, on average for each plastic beverage container. 831
980	980	The calculation of such average may be based on a producer's entire 832
981	981	plastic beverage container product line or by the separate product lines, 833
982	982	provided all of the producer's products are accounted for in such 834
983	983	calculation and all individual products with post-consumer recycled 835 Raised Bill No. 1242
984	984
985	985
986	986
987	987	LCO No. 6619 27 of 44
988	988
989	989	content that are used in such calculation are sold in this state. Each 836
990	990	producer may include in such calculation the weight and material 837
991	991	content of liners, bladders, caps, lids, labels and any other packaging 838
992	992	component provided the inclusion of any such component included in 839
993	993	any annual report required by this section. 840
994	994	(g) On or before July 1, 2025, and annually thereafter, each producer 841
995	995	that offers for sale, sells, or distributes plastic beverage containers in or 842
996	996	into the state shall register with the commissioner, individually, or 843
997	997	through a third‐party representative that registers with the 844
998	998	commissioner on behalf of a group of producers, in a form and manner 845
999	999	prescribed by the commissioner. Each producer or representative shall 846
1000	1000	remit an annual registration fee in an amount to be determined by the 847
1001	1001	commissioner. Such fee shall be scaled to reflect the market share of any 848
1002	1002	such producer or representative, adequate to cover the department's 849
1003	1003	cost to implement, administer, monitor and enforce the provisions of 850
1004	1004	this section and used exclusively for such purposes. The commissioner 851
1005	1005	may modify the amount of such annual registration fee, as necessary, to 852
1006	1006	reflect updated implementation costs. The registration information 853
1007	1007	submitted to the commissioner pursuant to this section shall include: (1) 854
1008	1008	A list of the producers of plastic beverage containers and the brand 855
1009	1009	names of the plastic beverage containers represented in the registration 856
1010	1010	submittal; (2) the average percentage of post-consumer recycled content 857
1011	1011	for plastic beverage containers sold into the state during the previous 858
1012	1012	twelve-month period; and (3) proof of a third party's certification of 859
1013	1013	compliance with the post-consumer recycled content requirements for 860
1014	1014	plastic beverage containers, as described in subsection (h) of this section. 861
1015	1015	(h) Beginning July 1, 2026, and annually thereafter, each producer 862
1016	1016	shall provide third‐party certification of the minimum post-consumer 863
1017	1017	recycled content of all plastic beverage containers offered for sale in the 864
1018	1018	state, in writing, to the commissioner. Such certification shall be specific 865
1019	1019	to items sold into this state by such producer. If the commissioner 866
1020	1020	determines a certification is acceptable, such certification shall be 867
1021	1021	approved by the commissioner and published on the department's 868
1022	1022	Internet web site. An authorized representative of the producer shall 869 Raised Bill No. 1242
1023	1023
1024	1024
1025	1025
1026	1026	LCO No. 6619 28 of 44
1027	1027
1028	1028	sign the certification. Each producer shall submit such certification, in 870
1029	1029	the form and manner determined by the commissioner, under penalty 871
1030	1030	of perjury. Such certification shall include the amount, in pounds, of 872
1031	1031	plastic, and the amount, in pounds, of post-consumer recycled material 873
1032	1032	used by the producer for any products subject to the requirements of 874
1033	1033	this section, and any other information as the commissioner deems 875
1034	1034	necessary. 876
1035	1035	(i) A producer may seek from the commissioner a waiver from the 877
1036	1036	requirements of this section. In seeking any such waiver, the producer 878
1037	1037	shall set forth the specific basis upon which the waiver is claimed, 879
1038	1038	indicate any applicable timeframe for such waiver request and submit 880
1039	1039	such proof as the commissioner determines to be necessary. 881
1040	1040	(j) The commissioner may participate in the establishment and 882
1041	1041	implementation of a multistate clearinghouse to assist in carrying out 883
1042	1042	the requirements of this section. Any such clearinghouse shall assist in 884
1043	1043	coordinating reviews of producer registrations, waiver requests and 885
1044	1044	certifications, recommend acceptable third‐party certifications and 886
1045	1045	implement state reporting activities and any other related functions 887
1046	1046	pursuant to this section. Notwithstanding the requirements of 888
1047	1047	subsection (g) of this section, if the commissioner determines to 889
1048	1048	participate in such a clearinghouse, such participation may provide 890
1049	1049	producers the ability to register on a centralized portal offered by such 891
1050	1050	clearinghouse in lieu of a state‐specific portal provided such registration 892
1051	1051	requirement shall not otherwise be affected by the use of any such 893
1052	1052	centralized portal. 894
1053	1053	Sec. 3. (NEW) (Effective July 1, 2023) The Commissioner of Energy and 895
1054	1054	Environmental Protection, on behalf of one or more municipalities, 896
1055	1055	municipal authorities or regional solid waste authorities, may issue a 897
1056	1056	request for proposals from providers of existing or proposed solid waste 898
1057	1057	materials management services, including, but not limited to, reuse, 899
1058	1058	recycling and composting, such as anerobic digestion, waste conversion, 900
1059	1059	energy and fuel recovery. From such proposals, the commissioner may 901
1060	1060	select one or more providers of existing or proposed solid waste 902 Raised Bill No. 1242
1061	1061
1062	1062
1063	1063
1064	1064	LCO No. 6619 29 of 44
1065	1065
1066	1066	materials management services and, acting on behalf of and with the 903
1067	1067	consent of one or more municipalities, municipal solid waste authorities 904
1068	1068	or regional solid waste authorities, may enter into an agreement for the 905
1069	1069	management of solid waste from such municipalities or authorities at a 906
1070	1070	facility of such existing or proposed solid waste materials management 907
1071	1071	services. In selecting such proposal, the commissioner may consider all 908
1072	1072	relevant information, including, but not limited to the following factors: 909
1073	1073	(1) Consistency of such proposal with the state's solid waste 910
1074	1074	management plan; (2) the available capacity at an existing or proposed 911
1075	1075	facility; (3) the fee to be charged for the management of such solid waste; 912
1076	1076	(4) where any proposed facility is or will be located; and (5) the 913
1077	1077	likelihood that a proposed facility will be authorized and constructed. 914
1078	1078	Any agreement entered into pursuant to this section for the 915
1079	1079	management of solid waste at a proposed facility shall be contingent on 916
1080	1080	such facility receiving all required state and municipal permits and 917
1081	1081	authorizations and commencing operation by a date specified in such 918
1082	1082	agreement. 919
1083	1083	Sec. 4. Subsection (f) of section 22a-220 of the general statutes is 920
1084	1084	repealed and the following is substituted in lieu thereof (Effective from 921
1085	1085	passage): 922
1086	1086	(f) (1) On and after January 1, 1991, each municipality shall, consistent 923
1087	1087	with the requirements of section 22a-241b, make provisions for the 924
1088	1088	separation, collection, processing and marketing of items generated 925
1089	1089	within its boundaries as solid waste and designated for recycling by the 926
1090	1090	commissioner pursuant to subsection (a) of section 22a-241b. It shall be 927
1091	1091	the goal to recycle twenty-five per cent of the solid waste generated in 928
1092	1092	each municipality provided it shall be the goal to reduce the weight of 929
1093	1093	such waste by January 1, 2000, by an additional fifteen per cent by 930
1094	1094	source reduction as determined by reference to the state-wide solid 931
1095	1095	waste management plan established in 1991, or by recycling such 932
1096	1096	additional percentage of waste generated, or both. The provisions of this 933
1097	1097	subsection shall not be construed to require municipalities to enforce 934
1098	1098	reduction in the quantity of solid waste. On or before January 1, 1991, 935
1099	1099	each municipality shall: [(1)] (A) Adopt an ordinance or other 936 Raised Bill No. 1242
1100	1100
1101	1101
1102	1102
1103	1103	LCO No. 6619 30 of 44
1104	1104
1105	1105	enforceable legal instrument setting forth measures to assure the 937
1106	1106	compliance of persons within its boundaries with the requirements of 938
1107	1107	subsection (c) of section 22a-241b and to assure compliance of collectors 939
1108	1108	with the requirements of subsection (a) of section 22a-220c, and [(2)] (B) 940
1109	1109	provide the Commissioner of Energy and Environmental Protection 941
1110	1110	with the name, address and telephone number of a person to receive 942
1111	1111	information and respond to questions regarding recycling from the 943
1112	1112	department on behalf of the municipality. The municipality shall notify 944
1113	1113	the commissioner within thirty days of its designation of a new 945
1114	1114	representative to undertake such responsibilities. A municipality may 946
1115	1115	by ordinance or other enforceable legal instrument provide for and 947
1116	1116	require the separation and recycling of other items in addition to those 948
1117	1117	designated pursuant to subsection (a) of section 22a-241b. 949
1118	1118	(2) A municipality may, by the adoption of a municipal ordinance or 950
1119	1119	other enforceable legal instrument to which the municipality is a party, 951
1120	1120	identify recyclable solid wastes not described in subdivision (1) of this 952
1121	1121	subsection, including, but not limited to, food scraps, food processing 953
1122	1122	residues, yard waste and other suitable recyclable organic material for 954
1123	1123	diversion to recycling facilities designed for the processing and 955
1124	1124	beneficial use of such wastes. For the purposes of this section and 956
1125	1125	section 22a-220a, as amended by this act, "food scraps" or "food 957
1126	1126	processing residues" does not include unused food that is suitable for 958
1127	1127	sale or donation for human or animal consumption. 959
1128	1128	Sec. 5. Section 22a-220 of the general statutes is amended by adding 960
1129	1129	subsection (k) as follows (Effective October 1, 2023): 961
1130	1130	(NEW) (k) On or before October 1, 2028, each municipality shall make 962
1131	1131	provisions for the separation and collection of food scraps. Each 963
1132	1132	municipality shall require any collector required to register annually 964
1133	1133	pursuant to section 22a-220a, as amended by this act, to separately 965
1134	1134	collect and transport such source separated food scraps to a facility 966
1135	1135	authorized to process food scraps in a manner that promotes a beneficial 967
1136	1136	use. 968 Raised Bill No. 1242
1137	1137
1138	1138
1139	1139
1140	1140	LCO No. 6619 31 of 44
1141	1141
1142	1142	Sec. 6. Subsection (a) of section 22a-220a of the general statutes is 969
1143	1143	repealed and the following is substituted in lieu thereof (Effective from 970
1144	1144	passage): 971
1145	1145	(a) The legislative body of a municipality may designate the area 972
1146	1146	where solid waste generated within its boundaries by residential, 973
1147	1147	business, commercial or other establishments shall be disposed. The 974
1148	1148	disposal of such solid waste at any other area is prohibited, except that 975
1149	1149	a municipality may approve, in writing, disposal at another area, either 976
1150	1150	within or outside the boundaries of such municipality, prior to disposal. 977
1151	1151	A municipality may refuse to approve disposal at another area if such 978
1152	1152	disposal would adversely affect its solid waste disposal program. The 979
1153	1153	legislative body of a municipality may also designate where the 980
1154	1154	following items generated within its boundaries from residential 981
1155	1155	properties shall be taken for processing or sale: (1) Cardboard, (2) glass, 982
1156	1156	food and beverage containers, (3) leaves, (4) metal food and beverage 983
1157	1157	containers, (5) newspapers, (6) storage batteries, (7) waste oil, [and] (8) 984
1158	1158	plastic food and beverage containers, (9) food scraps, and (10) food 985
1159	1159	processing residues. The processing or sale of such items at any other 986
1160	1160	area shall be prohibited, except that a municipality may approve, in 987
1161	1161	writing, processing or sale elsewhere, either within or outside the 988
1162	1162	boundaries of such municipality, prior to processing or sale. A 989
1163	1163	municipality may refuse to approve processing or sale elsewhere if such 990
1164	1164	processing or sale would adversely affect its recycling program. For 991
1165	1165	purposes of sections 22a-208e, 22a-208f, 22a-220, as amended by this act, 992
1166	1166	this section, sections 22a-220c, 22a-241b, 22a-241e, and subsection (c) of 993
1167	1167	section 22a-241g, residential property means real estate containing one 994
1168	1168	or more dwelling units but shall not include hospitals, motels or hotels. 995
1169	1169	Sec. 7. Subdivision (3) of subsection (a) of section 22a-226e of the 996
1170	1170	general statutes is repealed and the following is substituted in lieu 997
1171	1171	thereof (Effective from passage): 998
1172	1172	(3) On and after January 1, 2022, each commercial food wholesaler or 999
1173	1173	distributor, industrial food manufacturer or processor, supermarket, 1000
1174	1174	resort or conference center that is located not more than twenty miles 1001 Raised Bill No. 1242
1175	1175
1176	1176
1177	1177
1178	1178	LCO No. 6619 32 of 44
1179	1179
1180	1180	from either an authorized source-separated organic material 1002
1181	1181	composting facility, authorized transfer station or other collection 1003
1182	1182	location authorized to receive source-separated organic materials, and 1004
1183	1183	that generates an average projected volume of not less than twenty-six 1005
1184	1184	tons per year of source-separated organic materials, shall: (A) Separate 1006
1185	1185	such source-separated organic materials from other solid waste; and (B) 1007
1186	1186	ensure that such source-separated organic materials are recycled at any 1008
1187	1187	authorized source-separated organic material composting facility that 1009
1188	1188	has available capacity and that will accept such source-separated 1010
1189	1189	organic material. On and after January 1, 2025, the requirements of this 1011
1190	1190	subdivision shall additionally apply to each institution. For the 1012
1191	1191	purposes of this section "institution" means any establishment engaged 1013
1192	1192	in providing hospitality, entertainment or rehabilitation and health care 1014
1193	1193	services, and any hospital, educational facility or correctional facility. 1015
1194	1194	Sec. 8. Section 22a-232 of the general statutes is repealed and the 1016
1195	1195	following is substituted in lieu thereof (Effective July 1, 2023): 1017
1196	1196	(a) (1) There shall be paid to the Commissioner of Revenue Services 1018
1197	1197	by the owner of any resources recovery facility [one dollar per ton of 1019
1198	1198	solid waste processed at the facility beginning on the date of 1020
1199	1199	commencement of commercial operation of the facility for calendar 1021
1200	1200	quarters commencing on or after October 1, 1987, until September 30, 1022
1201	1201	2003. For calendar quarters commencing on and after October 1, 2003, 1023
1202	1202	the owner of any resources recovery facility shall pay to the 1024
1203	1203	Commissioner of Revenue Services one dollar and fifty cents] or waste 1025
1204	1204	conversion facility three dollars per ton of solid waste processed at such 1026
1205	1205	facility. 1027
1206	1206	(2) There shall be paid to the Commissioner of Revenue Services by 1028
1207	1207	the owner of any transfer station or volume reduction plant, a fee of five 1029
1208	1208	dollars per ton of solid waste processed at such facility, provided such 1030
1209	1209	solid waste is not recycled or transferred to any resources recovery 1031
1210	1210	facility. The provisions of this subdivision shall not apply to any transfer 1032
1211	1211	station or volume reduction plant that is owned by a municipality or 1033
1212	1212	any volume reduction plant that is a resources recovery facility, waste 1034 Raised Bill No. 1242
1213	1213
1214	1214
1215	1215
1216	1216	LCO No. 6619 33 of 44
1217	1217
1218	1218	conversion facility or recycling facility. 1035
1219	1219	(b) Each owner of a [resources recovery] facility subject to the 1036
1220	1220	assessment as provided by this section shall submit a return quarterly 1037
1221	1221	to the Commissioner of Revenue Services, applicable with respect to the 1038
1222	1222	calendar quarter beginning October 1, [1987] 2023, and each calendar 1039
1223	1223	quarter thereafter, on or before the last day of the month immediately 1040
1224	1224	following the end of each such calendar quarter, on a form prescribed 1041
1225	1225	by the commissioner, together with payment of the quarterly 1042
1226	1226	assessment determined and payable in accordance with the provisions 1043
1227	1227	of subsection (a) of this section. 1044
1228	1228	(c) Whenever such assessment is not paid when due, a penalty of ten 1045
1229	1229	per cent of the amount due or fifty dollars, whichever is greater, shall be 1046
1230	1230	imposed, and such assessment shall bear interest at the rate of one per 1047
1231	1231	cent per month or fraction thereof until the same is paid. The 1048
1232	1232	Commissioner of Revenue Services shall cause copies of a form 1049
1233	1233	prescribed for submitting returns as required under this section to be 1050
1234	1234	distributed throughout the state. Failure to receive such form shall not 1051
1235	1235	be construed to relieve anyone subject to assessment under this section 1052
1236	1236	from the obligations of submitting a return, together with payment of 1053
1237	1237	such assessment within the time required. 1054
1238	1238	(d) Any person or municipality liable for the service fee for solid 1055
1239	1239	waste delivered to a facility whose owner is subject to [the] an 1056
1240	1240	assessment imposed by subsection (a) of this section shall reimburse the 1057
1241	1241	owner for any assessment paid for the solid waste delivered by such 1058
1242	1242	person or municipality. [The] Such an assessment shall be a debt from 1059
1243	1243	the person or municipality responsible for paying such service fee to the 1060
1244	1244	owner. 1061
1245	1245	(e) The provisions of sections 12-548 to 12-554, inclusive, and section 1062
1246	1246	12-555a shall apply to the provisions of this section in the same manner 1063
1247	1247	and with the same force and effect as if the language of said sections 12-1064
1248	1248	548 to 12-554, inclusive, and section 12-555a had been incorporated in 1065
1249	1249	full in this section, except that to the extent that any such provision is 1066 Raised Bill No. 1242
1250	1250
1251	1251
1252	1252
1253	1253	LCO No. 6619 34 of 44
1254	1254
1255	1255	inconsistent with a provision in this section and except that the term 1067
1256	1256	"tax" shall be read as "solid waste assessment". 1068
1257	1257	(f) Two million eight hundred thousand dollars of the proceeds from 1069
1258	1258	the assessments imposed pursuant to subsection (a) of this section shall 1070
1259	1259	be deposited by the Commissioner of Revenue Services into the General 1071
1260	1260	Fund and any remaining funds from such assessments shall be 1072
1261	1261	deposited by the commissioner into the sustainable materials 1073
1262	1262	management account established in section 16-244bb, as amended by 1074
1263	1263	this act. 1075
1264	1264	Sec. 9. Subsection (a) of section 22a-241l of the general statutes is 1076
1265	1265	repealed and the following is substituted in lieu thereof (Effective from 1077
1266	1266	passage): 1078
1267	1267	(a) For the purposes of this section, ["customer" means a business 1079
1268	1268	and] "collector" means any person offering collection services for solid 1080
1269	1269	waste or designated recyclable [item collection services] items and 1081
1270	1270	"designated recyclable items" means any items designated for recycling 1082
1271	1271	or to be recycled pursuant to: (1) Subsection (a) of section 22a-241b, (2) 1083
1272	1272	section 22a-208v or 22a-256a, or (3) a municipal ordinance or other 1084
1273	1273	enforceable legal instrument to which a municipality is a party. 1085
1274	1274	Sec. 10. (NEW) (Effective July 1, 2023) (a) There is established the 1086
1275	1275	Connecticut Waste Authority. The Connecticut Waste Authority shall 1087
1276	1276	constitute a successor authority to the Materials Innovation and 1088
1277	1277	Recycling Authority in accordance with the provisions of sections 4-38d, 1089
1278	1278	4-38e and 4-39 of the general statutes. 1090
1279	1279	(b) Wherever the words "Materials Innovation and Recycling 1091
1280	1280	Authority" are used in any public or special act of 2023 or in the 1092
1281	1281	following sections of the general statutes, the words "Connecticut Waste 1093
1282	1282	Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 1094
1283	1283	3-24d, 3-24f, 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-1095
1284	1284	208v, 22a-209h, 22a-219b, 22a-220, as amended by this act, 22a-241, 22a-1096
1285	1285	260, 22a-263a, 22a-263b, 22a-268a, 22a-268b, 22a-268g, 22a-270a, 22a-1097
1286	1286	272a, 22a-282, 22a-283, 22a-284, 32-1e and 32-658. 1098 Raised Bill No. 1242
1287	1287
1288	1288
1289	1289
1290	1290	LCO No. 6619 35 of 44
1291	1291
1292	1292	(c) The Legislative Commissioners' Office shall, in codifying the 1099
1293	1293	provisions of this section, make such conforming, technical, 1100
1294	1294	grammatical and punctuation changes as are necessary to carry out the 1101
1295	1295	purposes of this section. 1102
1296	1296	Sec. 11. (NEW) (Effective July 1, 2023) (a) In addition to the purposes, 1103
1297	1297	powers and responsibilities vested in the Connecticut Waste Authority 1104
1298	1298	pursuant to chapter 446e of the general statutes, the Connecticut Waste 1105
1299	1299	Authority shall: (1) Identify the immediate environmental needs and 1106
1300	1300	knowledge necessary for future redevelopment of the authority's 1107
1301	1301	properties located at 300 Maxim Road in Hartford and 100 Reserve Road 1108
1302	1302	in Hartford, (2) continue to operate the authority's transfer stations until 1109
1303	1303	acceptable alternatives, operated by entities other than the authority, 1110
1304	1304	become available, as determined by the Commissioner of Energy and 1111
1305	1305	Environmental Protection, and (3) wind down the authority's 1112
1306	1306	operations and activities in an orderly and responsible manner, that 1113
1307	1307	may include, but is not limited to, the marketing and sale of the 1114
1308	1308	authority's surplus real and personal property. 1115
1309	1309	(b) Not later than January 1, 2024, the authority shall submit a report, 1116
1310	1310	in accordance with the provisions of section 11-4a of the general statutes 1117
1311	1311	to the Secretary of the Office of Policy and Management and the joint 1118
1312	1312	standing committees of the General Assembly having cognizance of 1119
1313	1313	matters relating to the environment and planning and development. 1120
1314	1314	Such report shall include a plan and timeline for the activities set forth 1121
1315	1315	in subdivisions (1) to (3), inclusive, of subsection (a) of this section. 1122
1316	1316	(c) The authority and any other state agency may enter into one or 1123
1317	1317	more memoranda of understanding that will facilitate the authority's 1124
1318	1318	purposes, powers and responsibilities under chapter 446e of the general 1125
1319	1319	statutes and subsection (a) of this section, provided any such 1126
1320	1320	memorandum of understanding shall terminate as of June 30, 2025. 1127
1321	1321	Sec. 12. (NEW) (Effective from passage) (a) Notwithstanding any 1128
1322	1322	provision of the general statutes, the provisions of sections 10 to 17, 1129
1323	1323	inclusive, of this act shall not be construed to modify the liability of any 1130 Raised Bill No. 1242
1324	1324
1325	1325
1326	1326
1327	1327	LCO No. 6619 36 of 44
1328	1328
1329	1329	person who: (1) Established a resources recovery facility, (2) created a 1131
1330	1330	condition or who is maintaining any such facility or condition that may 1132
1331	1331	reasonably be expected to create a source of pollution to the waters of 1133
1332	1332	the state, or (3) is the certifying party to the transfer of such a facility. 1134
1333	1333	(b) Notwithstanding the requirements of sections 22a-134a to 22a-1135
1334	1334	134e, inclusive, 22a-134h and 22a-134i of the general statutes, any 1136
1335	1335	conveyance of real property or business operations authorized or 1137
1336	1336	required by the provisions of sections 10 to 17, inclusive, of this act, from 1138
1337	1337	the Materials Innovation and Recycling Authority to the Connecticut 1139
1338	1338	Waste Authority, or from the Connecticut Waste Authority to the 1140
1339	1339	Department of Administrative Services shall not constitute the transfer 1141
1340	1340	of an establishment for purposes of chapter 445 of the general statutes. 1142
1341	1341	(c) (1) Notwithstanding the requirements of section 22a-6o of the 1143
1342	1342	general statutes, upon transfer of ownership or oversight of a permitted 1144
1343	1343	facility owned or operated by the Materials Innovation and Recycling 1145
1344	1344	Authority to the Connecticut Waste Authority any permits or licenses 1146
1345	1345	held by the Materials Innovation and Recycling Authority shall be 1147
1346	1346	deemed to be transferred to the Connecticut Waste Authority and shall 1148
1347	1347	continue in full force and effect. 1149
1348	1348	(2) Notwithstanding the requirements of section 22a-6o of the general 1150
1349	1349	statutes, upon transfer of ownership or oversight of a permitted facility 1151
1350	1350	owner or operated by the Connecticut Waste Authority to the 1152
1351	1351	Department of Administrative Services, any permits or licenses held by 1153
1352	1352	the Connecticut Waste Authority shall be deemed to be transferred to 1154
1353	1353	the Department of Administrative Services and shall continue in full 1155
1354	1354	force and effect. 1156
1355	1355	Sec. 13. (NEW) (Effective from passage) The funds possessed by the 1157
1356	1356	Materials Innovation and Recycling Authority, established pursuant to 1158
1357	1357	section 22a-260a of the general statutes, shall not constitute surplus 1159
1358	1358	revenues and shall be deemed necessary to provide support for the 1160
1359	1359	authority's properties systems and facilities, including any 1161
1360	1360	environmental remediation of such properties, systems and facilities. 1162 Raised Bill No. 1242
1361	1361
1362	1362
1363	1363
1364	1364	LCO No. 6619 37 of 44
1365	1365
1366	1366	Such funds shall not be distributed or redistributed to the users of the 1163
1367	1367	authority's services. Users of the authority's services shall be liable for 1164
1368	1368	the environmental remediation costs of the authority's properties, 1165
1369	1369	systems and facilities if, and to the extent, any funds were distributed or 1166
1370	1370	redistributed by the authority to such users on or after January 1, 2023. 1167
1371	1371	Sec. 14. (Effective July 1, 2023) Notwithstanding any provision of the 1168
1372	1372	general statutes, the sum of two million dollars shall be transferred from 1169
1373	1373	the resources of the Connecticut Waste Authority and shall be deposited 1170
1374	1374	into a nonlapsing account of the General Fund established by the 1171
1375	1375	Secretary of the Office of Policy and Management. Moneys in the 1172
1376	1376	account shall be allocated in such amounts and at such times as 1173
1377	1377	determined by the Secretary of the Office of Policy and Management to 1174
1378	1378	fund activities related to the provisions of sections 10 to 17, inclusive, of 1175
1379	1379	this act. 1176
1380	1380	Sec. 15. Section 22a-261 of the general statutes is repealed and the 1177
1381	1381	following is substituted in lieu thereof (Effective July 1, 2023): 1178
1382	1382	(a) There is hereby established and created a body politic and 1179
1383	1383	corporate, constituting a public instrumentality and political 1180
1384	1384	subdivision of the state of Connecticut established and created for the 1181
1385	1385	performance of an essential public and governmental function, to be 1182
1386	1386	known as the [Materials Innovation and Recycling] Connecticut Waste 1183
1387	1387	Authority. The authority shall not be construed to be a department, 1184
1388	1388	institution or agency of the state. 1185
1389	1389	(b) On and after [June 1, 2002] July 1, 2023, the terms of the board of 1186
1390	1390	the Materials Innovation and Recycling Authority shall terminate and 1187
1391	1391	the powers of the [authority] Connecticut Waste Authority shall be 1188
1392	1392	vested in and exercised by a board of directors, which shall consist of 1189
1393	1393	eleven directors as follows: [Three appointed by the Governor, one of 1190
1394	1394	whom is a municipal official of a municipality having a population of 1191
1395	1395	fifty thousand or less and one of whom has extensive, high-level 1192
1396	1396	experience in the energy field; two appointed by the president pro 1193
1397	1397	tempore of the Senate, one of whom is a municipal official of a 1194 Raised Bill No. 1242
1398	1398
1399	1399
1400	1400
1401	1401	LCO No. 6619 38 of 44
1402	1402
1403	1403	municipality having a population of more than fifty thousand and one 1195
1404	1404	of whom has extensive high-level experience in public or corporate 1196
1405	1405	finance or business or industry; two appointed by the speaker of the 1197
1406	1406	House of Representatives, one of whom is a municipal official of a 1198
1407	1407	municipality having a population of more than fifty thousand and one 1199
1408	1408	of whom has extensive high-level experience in public or corporate 1200
1409	1409	finance or business or industry; two appointed by the minority leader 1201
1410	1410	of the Senate, one of whom is a municipal official of a municipality 1202
1411	1411	having a population of fifty thousand or less and one of whom has 1203
1412	1412	extensive high-level experience in public or corporate finance or 1204
1413	1413	business or industry; two appointed by the minority leader of the House 1205
1414	1414	of Representatives, one of whom is a municipal official of a municipality 1206
1415	1415	having a population of fifty thousand or less and one of whom has 1207
1416	1416	extensive, high-level experience in the environmental field. No director 1208
1417	1417	may be a member of the General Assembly. The appointed directors 1209
1418	1418	shall serve for terms of four years each, provided, of the directors first 1210
1419	1419	appointed for terms beginning on June 1, 2002, (1) two of the directors 1211
1420	1420	appointed by the Governor, one of the directors appointed by the 1212
1421	1421	president pro tempore of the Senate, one of the directors appointed by 1213
1422	1422	the speaker of the House of Representatives, one of the directors 1214
1423	1423	appointed by the minority leader of the Senate and one of the directors 1215
1424	1424	appointed by the minority leader of the House of Representatives shall 1216
1425	1425	serve an initial term of two years and one month, and (2) the other 1217
1426	1426	appointed directors shall serve an initial term of four years and one 1218
1427	1427	month. The appointment of each director for a term beginning on or 1219
1428	1428	after June 1, 2004, shall be made with the advice and consent of both 1220
1429	1429	houses of the General Assembly. The Governor shall designate one of 1221
1430	1430	the directors to serve as chairperson of the board, with the advice and 1222
1431	1431	consent of both houses of the General Assembly. The chairperson of the 1223
1432	1432	board shall serve at the pleasure of the Governor. Any appointed 1224
1433	1433	director who fails to attend three consecutive meetings of the board or 1225
1434	1434	who fails to attend fifty per cent of all meetings of the board held during 1226
1435	1435	any calendar year shall be deemed to have resigned from the board. Any 1227
1436	1436	vacancy occurring other than by expiration of term shall be filled in the 1228
1437	1437	same manner as the original appointment for the balance of the 1229 Raised Bill No. 1242
1438	1438
1439	1439
1440	1440
1441	1441	LCO No. 6619 39 of 44
1442	1442
1443	1443	unexpired term. As used in this subsection, "municipal official" means 1230
1444	1444	the first selectman, mayor, city or town manager or chief financial officer 1231
1445	1445	of a municipality, or a municipal employee with extensive public works 1232
1446	1446	or waste management and recycling experience that has entered into a 1233
1447	1447	solid waste disposal services contract with the authority and pledged 1234
1448	1448	the municipality's full faith and credit for the payment of obligations 1235
1449	1449	under such contract.] (1) The Governor, or the Governor's designee, (2) 1236
1450	1450	the Secretary of the Office of Policy and Management, or the secretary's 1237
1451	1451	designee, (3) the Commissioner of the Department of Administrative 1238
1452	1452	Services, or the commissioner's designee, (4) the Commissioner of the 1239
1453	1453	Department of Energy and Environmental Protection, or the 1240
1454	1454	commissioner's designee, (5) the Commissioner of Economic and 1241
1455	1455	Community Development, or the commissioner's designee, (6) the 1242
1456	1456	Commissioner of Public Health, or the commissioner's designee, (7) one 1243
1457	1457	appointed by the president pro tempore of the Senate, (8) one appointed 1244
1458	1458	by the speaker of the House of Representatives, (9) one appointed by the 1245
1459	1459	minority leader of the Senate, (10) one appointed by the minority leader 1246
1460	1460	of the House of Representatives, and (11) one appointed by the mayor 1247
1461	1461	of Hartford. 1248
1462	1462	(c) The Governor, or the Governor's designee, shall serve as the 1249
1463	1463	chairperson and shall, with the approval of the other directors, appoint 1250
1464	1464	a president of the authority who shall be an employee of the authority 1251
1465	1465	and be paid a salary prescribed by the directors. The president shall 1252
1466	1466	supervise the administrative affairs and technical activities of the 1253
1467	1467	authority in accordance with the directives of the board. 1254
1468	1468	(d) Each appointed director shall be entitled to reimbursement for 1255
1469	1469	such director's actual and necessary expenses incurred during the 1256
1470	1470	performance of such director's official duties. 1257
1471	1471	(e) [Directors] Appointed directors may engage in private 1258
1472	1472	employment, or in a profession or business, subject to any applicable 1259
1473	1473	laws, rules and regulations of the state or federal government regarding 1260
1474	1474	official ethics or conflict of interest. 1261 Raised Bill No. 1242
1475	1475
1476	1476
1477	1477
1478	1478	LCO No. 6619 40 of 44
1479	1479
1480	1480	(f) Six directors of the authority shall constitute a quorum for the 1262
1481	1481	transaction of any business or the exercise of any power of the authority. 1263
1482	1482	[, provided, two directors from municipal government shall be present 1264
1483	1483	in order for a quorum to be in attendance.] For the transaction of any 1265
1484	1484	business or the exercise of any power of the authority, and except as 1266
1485	1485	otherwise provided in this chapter, the authority may act by a majority 1267
1486	1486	of the directors present at any meeting at which a quorum is in 1268
1487	1487	attendance. [If the legislative body of a municipality that is the site of a 1269
1488	1488	facility passes a resolution requesting the Governor to appoint a 1270
1489	1489	resident of such municipality to be an ad hoc member, the Governor 1271
1490	1490	shall make such appointment upon the next vacancy for the ad hoc 1272
1491	1491	members representing such facility. The Governor shall appoint, with 1273
1492	1492	the advice and consent of the General Assembly, ad hoc members to 1274
1493	1493	represent each facility operated by the authority provided at least one-1275
1494	1494	half of such members shall be chief elected officials of municipalities, or 1276
1495	1495	their designees. Each such facility shall be represented by two such 1277
1496	1496	members. The ad hoc members shall be electors from a municipality or 1278
1497	1497	municipalities in the area to be served by the facility and shall vote only 1279
1498	1498	on matters concerning such facility. The terms of the ad hoc members 1280
1499	1499	shall be four years.] 1281
1500	1500	[(g) The board may delegate to three or more directors such board 1282
1501	1501	powers and duties as it may deem necessary and proper in conformity 1283
1502	1502	with the provisions of this chapter and its bylaws. At least one of such 1284
1503	1503	directors shall be a municipal official, as defined in subsection (b) of this 1285
1504	1504	section, and at least one of such directors shall not be a state employee.] 1286
1505	1505	[(h)] (g) Appointed directors may not designate a representative to 1287
1506	1506	perform in their absence their respective duties under this chapter. 1288
1507	1507	[(i) As used in this section, "director" includes such persons so 1289
1508	1508	designated, as provided in this section, and such designation shall be 1290
1509	1509	deemed temporary only and shall not affect any applicable civil service 1291
1510	1510	or retirement rights of any person so designated.] 1292
1511	1511	[(j)] (h) The appointing authority for any director may remove such 1293 Raised Bill No. 1242
1512	1512
1513	1513
1514	1514
1515	1515	LCO No. 6619 41 of 44
1516	1516
1517	1517	director for inefficiency, neglect of duty or misconduct in office after 1294
1518	1518	giving the director a copy of the charges against the director and an 1295
1519	1519	opportunity to be heard, in person or by counsel, in the director's 1296
1520	1520	defense, upon not less than ten days' notice. If any director shall be so 1297
1521	1521	removed, the appointing authority for such director shall file in the 1298
1522	1522	office of the Secretary of the State a complete statement of charges made 1299
1523	1523	against such director and the appointing authority's findings on such 1300
1524	1524	statement of charges, together with a complete record of the 1301
1525	1525	proceedings. 1302
1526	1526	[(k)] (i) The authority shall [continue as long as it has bonds or other 1303
1527	1527	obligations outstanding and until its existence is terminated by law] 1304
1528	1528	terminate on July 1, 2025. Upon the termination of the existence of the 1305
1529	1529	authority, all its rights and properties shall pass to and be vested in the 1306
1530	1530	state of Connecticut in accordance with the provisions of section 17 of 1307
1531	1531	this act. 1308
1532	1532	[(l)] (j) The directors, members and officers of the authority and any 1309
1533	1533	person executing the bonds or notes of the authority shall not be liable 1310
1534	1534	personally on such bonds or notes or be subject to any personal liability 1311
1535	1535	or accountability by reason of the issuance thereof, nor shall any 1312
1536	1536	director, member or officer of the authority be personally liable for 1313
1537	1537	damage or injury, not wanton or wilful, caused in the performance of 1314
1538	1538	such person's duties and within the scope of such person's employment 1315
1539	1539	or appointment as such director, member or officer. 1316
1540	1540	[(m) Notwithstanding any other provision of the general statutes, it 1317
1541	1541	shall not constitute a conflict of interest for a trustee, director, partner or 1318
1542	1542	officer of any person, firm or corporation, or any individual having a 1319
1543	1543	financial interest in a person, firm or corporation, to serve as a director 1320
1544	1544	of the authority, provided such trustee, director, partner, officer or 1321
1545	1545	individual shall abstain from deliberation, action or vote by the 1322
1546	1546	authority in specific respect to such person, firm or corporation.] 1323
1547	1547	Sec. 16. Subsection (b) of section 22a-262 of the general statutes is 1324
1548	1548	repealed and the following is substituted in lieu thereof (Effective July 1, 1325 Raised Bill No. 1242
1549	1549
1550	1550
1551	1551
1552	1552	LCO No. 6619 42 of 44
1553	1553
1554	1554	2023): 1326
1555	1555	(b) [These] The purposes of this section and subsection (a) of section 1327
1556	1556	11 of this act shall be considered to be operating responsibilities of the 1328
1557	1557	authority, in accordance with the state-wide solid waste management 1329
1558	1558	plan, and are to be considered in all respects public purposes. 1330
1559	1559	Sec. 17. (NEW) (Effective July 1, 2025) The Department of 1331
1560	1560	Administrative Services shall constitute a successor agency to the 1332
1561	1561	Connecticut Waste Authority in accordance with the provisions of 1333
1562	1562	subsections (a) to (d), inclusive, and subsection (f) of section 4-38d and 1334
1563	1563	section 4-38e of the general statutes. 1335
1564	1564	Sec. 18. Subsections (a) and (b) of section 16-244bb of the general 1336
1565	1565	statutes are repealed and the following is substituted in lieu thereof 1337
1566	1566	(Effective from passage): 1338
1567	1567	(a) There is established an account to be known as the sustainable 1339
1568	1568	materials management account which shall be a separate, nonlapsing 1340
1569	1569	account within the General Fund. The account shall contain moneys 1341
1570	1570	collected by the alternative compliance payment for Class II renewable 1342
1571	1571	portfolio standards pursuant to subsection (h) of section 16-244c and 1343
1572	1572	subsection (k) of section 16-245 and moneys deposited pursuant to 1344
1573	1573	subsection (f) of section 22a-232, as amended by this act. The 1345
1574	1574	Commissioner of Energy and Environmental Protection shall expend 1346
1575	1575	moneys from the account for the purposes of the program established 1347
1576	1576	under this section provided the commissioner may also pledge such 1348
1577	1577	moneys for revenue bonds the proceeds of which shall be used to 1349
1578	1578	support waste infrastructure projects described in this section. 1350
1579	1579	(b) On and after January 1, 2023, the Commissioner of Energy and 1351
1580	1580	Environmental Protection shall establish and administer a sustainable 1352
1581	1581	materials management program to support solid waste reduction in the 1353
1582	1582	state through the provision of funding from the sustainable materials 1354
1583	1583	management account for purposes, including, but not limited to, grants, 1355
1584	1584	revolving loans, technical assistance, consulting services and waste 1356
1585	1585	characterization studies, to support programs and projects 1357 Raised Bill No. 1242
1586	1586
1587	1587
1588	1588
1589	1589	LCO No. 6619 43 of 44
1590	1590
1591	1591	implemented by entities, including, but not limited to, municipalities, 1358
1592	1592	nonprofits and regional waste authorities. Funding from such program 1359
1593	1593	may be used to support the development of infrastructure necessary for 1360
1594	1594	the management of solid waste materials at upgraded, expanded or 1361
1595	1595	proposed facilities selected pursuant to section 3 of this act. Such 1362
1596	1596	programs and projects shall promote affordable, sustainable and self-1363
1597	1597	sufficient management of waste within the state by reducing solid waste 1364
1598	1598	generation or diverting solid waste from disposal, consistent with the 1365
1599	1599	state-wide solid waste management plan established pursuant to 1366
1600	1600	section 22a-228. 1367
1601	1601	Sec. 19. Section 22a-265a of the general statutes is repealed. (Effective 1368
1602	1602	July 1, 2023) 1369
1603	1603	Sec. 20. Sections 22a-260 to 22a-284, inclusive, of the general statutes 1370
1604	1604	and sections 10 and 11 of this act are repealed. (Effective July 1, 2025) 1371
1605	1605	This act shall take effect as follows and shall amend the following
1606	1606	sections:
1607	1607
1608	1608	Section 1 October 1, 2023 New section
1609	1609	Sec. 2 October 1, 2023 New section
1610	1610	Sec. 3 July 1, 2023 New section
1611	1611	Sec. 4 from passage 22a-220(f)
1612	1612	Sec. 5 October 1, 2023 22a-220(k)
1613	1613	Sec. 6 from passage 22a-220a(a)
1614	1614	Sec. 7 from passage 22a-226e(a)(3)
1615	1615	Sec. 8 July 1, 2023 22a-232
1616	1616	Sec. 9 from passage 22a-241l(a)
1617	1617	Sec. 10 July 1, 2023 New section
1618	1618	Sec. 11 July 1, 2023 New section
1619	1619	Sec. 12 from passage New section
1620	1620	Sec. 13 from passage New section
1621	1621	Sec. 14 July 1, 2023 New section
1622	1622	Sec. 15 July 1, 2023 22a-261
1623	1623	Sec. 16 July 1, 2023 22a-262(b)
1624	1624	Sec. 17 July 1, 2025 New section
1625	1625	Sec. 18 from passage 16-244bb(a) and (b)
1626	1626	Sec. 19 July 1, 2023 Repealer section Raised Bill No. 1242
1627	1627
1628	1628
1629	1629
1630	1630	LCO No. 6619 44 of 44
1631	1631
1632	1632	Sec. 20 July 1, 2025 Repealer section
1633	1633
1634	1634	Statement of Purpose:
1635	1635	To (1) authorize a packaging stewardship program, (2) establish
1636	1636	minimum recycled content requirements for certain beverage
1637	1637	containers, (3) establish a Connecticut Waste Authority, and (4)
1638	1638	authorize implementation of various waste management revisions and
1639	1639	payments.
1640	1640	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1641	1641	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1642	1642	underlined.]
1643	1643