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OLR Bill Analysis
HB 5352 (as amended by House “A”)*
AN ACT CONCERNING MINOR REVISIONS TO THE TIRE
STEWARDSHIP PROGRAM.
SUMMARY
PA 23-62 requires the establishment of a statewide stewardship
program to manage discarded tires. Among other things, by January 1,
2025, tire producers must join a stewardship organization and submit a
plan to implement the program to the Department of Energy and
Environmental Protection (DEEP) for its approval. This bill makes
several changes to the law establishing the program.
First, the bill expands the programs’ operational requirements to
include ensuring, if technologically feasible and economically practical,
that all tire collectors and processors are (1) qualified to perform their
responsibilities under the program and (2) in substantial compliance
with the laws and regulations of any state in which they operate (e.g.,
financial assurance or closure plan requirements) (see
BACKGROUND).
The bill allows DEEP to approve a tire stewardship plan with
conditions when it disapproves a resubmitted plan, instead of only
modifying it to meet the law’s requirements. It also gives the
stewardship organization an additional 60 days to implement the
program.
The bill allows the organization to hold additional funds by
eliminating the law’s cap on its financing system for the program.
Current law requires the financing system to cover, and explicitly not
exceed, the costs to develop the plan, operate and administer the
program, and keep a financial reserve sufficient to operate the program
for six months. The bill removes the limitation on exceeding costs.
Lastly, the bill reduces by one-half, from 10% to 5% of total program 2024HB-05352-R010623-BA.DOCX
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costs, the maximum fee that DEEP may assess a stewardship
organization for administration costs.
*House Amendment “A” adds the provisions (1) allowing DEEP to
approve a stewardship with conditions and (2) expanding the program
requirements to include ensuring the participation of qualified
collectors and processors that comply with applicable state laws and
regulations.
EFFECTIVE DATE: Upon passage
TIRE STEWARDSHIP PLA N
By law, a tire stewardship organization must submit its program plan
to DEEP for approval. The law sets out the timeline for reviewing the
plan and a process for resubmitting it if DEEP disapproves it.
Current law requires DEEP to modify a resubmitted plan to conform
with the law’s requirements and approve it if the organization fails to
provide an acceptable plan within the resubmission timeframe and
process. The bill gives DEEP an alternative of approving the plan with
conditions. If DEEP does this, it must identify the conditions in a notice
of determination provided to the organization. The organization must
then comply with the conditions within 45 days after receiving the
notice unless DEEP determines that more time is necessary.
The bill also gives the stewardship organization an additional 60 days
to implement its program, which under current law, must start within
120 days after DEEP approves the plan. The bill expands this
implementation window to 180 days after approval.
BACKGROUND
Program Operational Requirements
By law, the tire stewardship program must, to the extent that it is
technologically feasible and economically practical, establish and
manage a statewide collection system for tires and provide for the
following:
1. free public access to the collection system (i.e., drop-off); 2024HB-05352-R010623-BA.DOCX
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2. suitable storage containers for tires, as needed, throughout the
collection system;
3. public promotion and education about the program;
4. market development, as needed, to meet performance goals; and
5. financing program activities only with producer funding.
The program must also ensure that discarded tires are (1) picked up
from the collection system and transported for recycling and (2) resold
or recycled (CGS § 22a-905i).
COMMITTEE ACTION
Environment Committee
Joint Favorable
Yea 34 Nay 0 (03/20/2024)