Connecticut 2024 Regular Session

Connecticut House Bill HB05352 Compare Versions

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4		-	House Bill No. 5352
	7	+	General Assembly Raised Bill No. 5352
	8	+	February Session, 2024
	9	+	LCO No. 1940
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6		-	Public Act No. 24-124
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	12	+	Referred to Committee on ENVIRONMENT
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	14	+
	15	+	Introduced by:
	16	+	(ENV)
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9	20		AN ACT CONCERNING MINOR REVISIONS TO THE TIRE
10	21		STEWARDSHIP PROGRAM.
11	22		Be it enacted by the Senate and House of Representatives in General
12	23		Assembly convened:
13	24
14		-	Section 1. Subsections (d) and (e) of section 22a-905i of the 2024
15		-	supplement to the general statutes are repealed and the following is
16		-	substituted in lieu thereof (Effective from passage):
17		-	(d) Each stewardship organization shall establish and implement a
18		-	system for financing the tire stewardship program that covers [, but
19		-	does not exceed,] the costs of developing the plan described in
20		-	subsection (c) of this section, operating and administering the program
21		-	described in subsection (b) of this section and maintaining a financial
22		-	reserve for six months sufficient to operate such program. Each
23		-	stewardship organization shall maintain all records relating to the tire
24		-	stewardship program for a period of not less than three years. Funding
25		-	of such program may be through a fee structure.
26		-	(e) The Commissioner of Energy and Environmental Protection shall
27		-	approve a plan for the establishment of a tire stewardship program,
28		-	provided such plan meets the requirements of subsections (b) to (d),
29		-	inclusive, of this section. Prior to making any such determination, the
30		-	commissioner shall post the plan on the Department of Energy and House Bill No. 5352
	25	+	Section 1. Subsections (d) and (e) of section 22a-905i of the 2024 1
	26	+	supplement to the general statutes are repealed and the following is 2
	27	+	substituted in lieu thereof (Effective from passage): 3
	28	+	(d) Each stewardship organization shall establish and implement a 4
	29	+	system for financing the tire stewardship program that covers [, but 5
	30	+	does not exceed,] the costs of developing the plan described in 6
	31	+	subsection (c) of this section, operating and administering the program 7
	32	+	described in subsection (b) of this section and maintaining a financial 8
	33	+	reserve for six months sufficient to operate such program. Each 9
	34	+	stewardship organization shall maintain all records relating to the tire 10
	35	+	stewardship program for a period of not less than three years. Funding 11
	36	+	of such program may be through a fee structure. 12
	37	+	(e) The Commissioner of Energy and Environmental Protection shall 13
	38	+	approve a plan for the establishment of a tire stewardship program, 14 Bill No. 5352
31	39
32		-	Public Act No. 24-124 2 of 4
33	40
34		-	Environmental Protection's Internet web site and solicit public
35		-	comments on the plan. Such solicitation shall not be conducted pursuant
36		-	to chapter 54. Not later than ninety days after submission of the plan
37		-	pursuant to this section, the commissioner shall make a determination
38		-	whether to approve the plan. In the event that the commissioner
39		-	disapproves the plan because it does not meet the requirements of
40		-	subsections (b) to (d), inclusive, of this section, the commissioner shall
41		-	describe the reasons for the disapproval in a notice of determination that
42		-	the commissioner shall provide to the tire stewardship organization.
43		-	Such tire stewardship organization shall revise and resubmit the plan to
44		-	the commissioner not later than forty-five days after receipt of the
45		-	commissioner's notice of disapproval. Not later than forty-five days
46		-	after receipt of the revised plan, the commissioner shall review and
47		-	approve or disapprove the revised plan and provide a notice of
48		-	determination to the tire stewardship organization. Such stewardship
49		-	organization may resubmit a revised plan to the commissioner for
50		-	approval on not more than two occasions. If the tire stewardship
51		-	organization fails to submit a plan that is acceptable to the commissioner
52		-	because it does not meet the requirements of subsections (b) to (d),
53		-	inclusive, of this section, the commissioner shall either approve the
54		-	submitted plan with conditions or modify [a] the submitted plan to
55		-	make it conform to the requirements of subsections (b) to (d), inclusive,
56		-	of this section and approve it. In the event that the commissioner
57		-	approves the submitted plan with conditions, the commissioner shall
58		-	identify the conditions in a notice of determination that the
59		-	commissioner shall provide to the tire stewardship organization. The
60		-	tire stewardship organization shall comply with such conditions not
61		-	later than forty-five days after receipt of the commissioner's notice of
62		-	determination, unless the commissioner determines that additional time
63		-	is needed. Not later than one hundred [twenty] eighty days after the
64		-	approval of a plan pursuant to this section, the tire stewardship
65		-	organization shall implement the tire stewardship program. House Bill No. 5352
	41	+	LCO 1940 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05352-
	42	+	R01-HB.docx }
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67		-	Public Act No. 24-124 3 of 4
	45	+	provided such plan meets the requirements of subsections (b) to (d), 15
	46	+	inclusive, of this section. Prior to making any such determination, the 16
	47	+	commissioner shall post the plan on the Department of Energy and 17
	48	+	Environmental Protection's Internet web site and solicit public 18
	49	+	comments on the plan. Such solicitation shall not be conducted pursuant 19
	50	+	to chapter 54. Not later than ninety days after submission of the plan 20
	51	+	pursuant to this section, the commissioner shall make a determination 21
	52	+	whether to approve the plan. In the event that the commissioner 22
	53	+	disapproves the plan because it does not meet the requirements of 23
	54	+	subsections (b) to (d), inclusive, of this section, the commissioner shall 24
	55	+	describe the reasons for the disapproval in a notice of determination that 25
	56	+	the commissioner shall provide to the tire stewardship organization. 26
	57	+	Such tire stewardship organization shall revise and resubmit the plan to 27
	58	+	the commissioner not later than forty-five days after receipt of the 28
	59	+	commissioner's notice of disapproval. Not later than forty-five days 29
	60	+	after receipt of the revised plan, the commissioner shall review and 30
	61	+	approve or disapprove the revised plan and provide a notice of 31
	62	+	determination to the tire stewardship organization. Such stewardship 32
	63	+	organization may resubmit a revised plan to the commissioner for 33
	64	+	approval on not more than two occasions. If the tire stewardship 34
	65	+	organization fails to submit a plan that is acceptable to the commissioner 35
	66	+	because it does not meet the requirements of subsections (b) to (d), 36
	67	+	inclusive, of this section, the commissioner shall modify a submitted 37
	68	+	plan to make it conform to the requirements of subsections (b) to (d), 38
	69	+	inclusive, of this section and approve it. Not later than one hundred 39
	70	+	[twenty] eighty days after the approval of a plan pursuant to this 40
	71	+	section, the tire stewardship organization shall implement the tire 41
	72	+	stewardship program. 42
	73	+	Sec. 2. Subsection (q) of section 22a-905i of the 2024 supplement to the 43
	74	+	general statutes is repealed and the following is substituted in lieu 44
	75	+	thereof (Effective from passage): 45
	76	+	(q) The Commissioner of Energy and Environmental Protection may 46
	77	+	assess a reasonable fee to any tire stewardship organization, not to 47 Bill No. 5352
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69		-	Sec. 2. Subsection (q) of section 22a-905i of the 2024 supplement to the
70		-	general statutes is repealed and the following is substituted in lieu
71		-	thereof (Effective from passage):
72		-	(q) The Commissioner of Energy and Environmental Protection may
73		-	assess a reasonable fee to any tire stewardship organization, not to
74		-	exceed [ten] five per cent of total program costs, for administration of
75		-	the applicable tire stewardship program.
76		-	Sec. 3. Subsection (b) of section 22a-905i of the 2024 supplement to the
77		-	general statutes is repealed and the following is substituted in lieu
78		-	thereof (Effective from passage):
79		-	(b) On or before January 1, 2025, each producer, or such producer's
80		-	designee, shall join a tire stewardship organization and such
81		-	organization shall submit a plan, for the Commissioner of Energy and
82		-	Environmental Protection's approval, to establish a state-wide tire
83		-	stewardship program, as described in this subsection. Any retailer may
84		-	participate in any such tire stewardship organization. Such tire
85		-	stewardship program shall, to the extent it is technologically feasible
86		-	and economically practical: (1) Establish and manage a state-wide
87		-	collection system utilizing covered entities; (2) provide access to the
88		-	collection system to the public, free of charge, for the drop-off of
89		-	discarded tires; (3) ensure discarded tires are picked up from the
90		-	collection system and transported for recycling; (4) ensure all discarded
91		-	tires collected in the collection system are resold or recycled; (5) provide
92		-	suitable storage containers for tires, as required, throughout the
93		-	collection system; (6) implement public promotion and education about
94		-	the program; (7) assist in market development, as needed, to achieve
95		-	performance goals; [and] (8) finance all program activities solely
96		-	through producer funding; and (9) ensure that all collectors and
97		-	processors are qualified to perform their respective functions pursuant
98		-	to such program and are in substantial compliance with the laws and
99		-	regulations of any state in which such collector or processor operates, House Bill No. 5352
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101		-	Public Act No. 24-124 4 of 4
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103		-	including, but not limited to, any financial assurance and closure plan
104		-	requirements.
	84	+	exceed [ten] five per cent of total program costs, for administration of 48
	85	+	the applicable tire stewardship program. 49
	86	+	This act shall take effect as follows and shall amend the following
	87	+	sections:
	88	+
	89	+	Section 1 from passage 22a-905i(d) and (e)
	90	+	Sec. 2 from passage 22a-905i(q)
	91	+
	92	+	ENV Joint Favorable
105	93