House Bill No. 5352
Public Act No. 24-124
AN ACT CONCERNING MINOR REVISIONS TO THE TIRE
STEWARDSHIP PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (d) and (e) of section 22a-905i of the 2024
supplement to the general statutes are repealed and the following is
substituted in lieu thereof (Effective from passage):
(d) Each stewardship organization shall establish and implement a
system for financing the tire stewardship program that covers [, but
does not exceed,] the costs of developing the plan described in
subsection (c) of this section, operating and administering the program
described in subsection (b) of this section and maintaining a financial
reserve for six months sufficient to operate such program. Each
stewardship organization shall maintain all records relating to the tire
stewardship program for a period of not less than three years. Funding
of such program may be through a fee structure.
(e) The Commissioner of Energy and Environmental Protection shall
approve a plan for the establishment of a tire stewardship program,
provided such plan meets the requirements of subsections (b) to (d),
inclusive, of this section. Prior to making any such determination, the
commissioner shall post the plan on the Department of Energy and House Bill No. 5352
Public Act No. 24-124 2 of 4
Environmental Protection's Internet web site and solicit public
comments on the plan. Such solicitation shall not be conducted pursuant
to chapter 54. Not later than ninety days after submission of the plan
pursuant to this section, the commissioner shall make a determination
whether to approve the plan. In the event that the commissioner
disapproves the plan because it does not meet the requirements of
subsections (b) to (d), inclusive, of this section, the commissioner shall
describe the reasons for the disapproval in a notice of determination that
the commissioner shall provide to the tire stewardship organization.
Such tire stewardship organization shall revise and resubmit the plan to
the commissioner not later than forty-five days after receipt of the
commissioner's notice of disapproval. Not later than forty-five days
after receipt of the revised plan, the commissioner shall review and
approve or disapprove the revised plan and provide a notice of
determination to the tire stewardship organization. Such stewardship
organization may resubmit a revised plan to the commissioner for
approval on not more than two occasions. If the tire stewardship
organization fails to submit a plan that is acceptable to the commissioner
because it does not meet the requirements of subsections (b) to (d),
inclusive, of this section, the commissioner shall either approve the
submitted plan with conditions or modify [a] the submitted plan to
make it conform to the requirements of subsections (b) to (d), inclusive,
of this section and approve it. In the event that the commissioner
approves the submitted plan with conditions, the commissioner shall
identify the conditions in a notice of determination that the
commissioner shall provide to the tire stewardship organization. The
tire stewardship organization shall comply with such conditions not
later than forty-five days after receipt of the commissioner's notice of
determination, unless the commissioner determines that additional time
is needed. Not later than one hundred [twenty] eighty days after the
approval of a plan pursuant to this section, the tire stewardship
organization shall implement the tire stewardship program. House Bill No. 5352
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Sec. 2. Subsection (q) of section 22a-905i of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(q) The Commissioner of Energy and Environmental Protection may
assess a reasonable fee to any tire stewardship organization, not to
exceed [ten] five per cent of total program costs, for administration of
the applicable tire stewardship program.
Sec. 3. Subsection (b) of section 22a-905i of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) On or before January 1, 2025, each producer, or such producer's
designee, shall join a tire stewardship organization and such
organization shall submit a plan, for the Commissioner of Energy and
Environmental Protection's approval, to establish a state-wide tire
stewardship program, as described in this subsection. Any retailer may
participate in any such tire stewardship organization. Such tire
stewardship program shall, to the extent it is technologically feasible
and economically practical: (1) Establish and manage a state-wide
collection system utilizing covered entities; (2) provide access to the
collection system to the public, free of charge, for the drop-off of
discarded tires; (3) ensure discarded tires are picked up from the
collection system and transported for recycling; (4) ensure all discarded
tires collected in the collection system are resold or recycled; (5) provide
suitable storage containers for tires, as required, throughout the
collection system; (6) implement public promotion and education about
the program; (7) assist in market development, as needed, to achieve
performance goals; [and] (8) finance all program activities solely
through producer funding; and (9) ensure that all collectors and
processors are qualified to perform their respective functions pursuant
to such program and are in substantial compliance with the laws and
regulations of any state in which such collector or processor operates, House Bill No. 5352
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including, but not limited to, any financial assurance and closure plan
requirements.