Researcher: KLM Page 1 4/8/24
OLR Bill Analysis
HB 5353
AN ACT CONCERNING THE GAS CYLINDER STEWARDSHIP
PROGRAM.
SUMMARY
This bill gives a gas cylinder stewardship organization that is
implementing an approved stewardship plan a private right of action
for damages against a noncompliant producer under certain
circumstances (see BACKGROUND) . Current law limits civil
enforcement of the gas cylinder stewardship law to actions by the
Department of Energy and Environmental Protection (DEEP) and the
attorney general.
Under the bill, the right of action can be brought when the (1)
organization incurs more than $500 in actual costs to manage gas
cylinders the defendant producer supplied, sold, or offered for sale in
the state and (2) defendant producer, or the stewardship organization
to which it belongs, is noncompliant with the gas cylinder stewardship
law.
The damages available to the organization are (1) the actual costs to
manage (i.e., collection, education, handling, recycling, approved
disposal, and administrative overhead) cylinders reasonably identified
as coming from another gas cylinder producer or gas cylinder
stewardship organization and (2) attorney’s fees and costs from
bringing the action.
The bill allows a gas cylinder stewardship organization to bring the
action regardless of whether it informed DEEP of the defendant’s
noncompliance. It also specifies that DEEP is not a necessary party to
the private action, nor does DEEP need to help or otherwise participate,
unless it is subject to a subpoena from the court. 2024HB-05353-R000329-BA.DOCX
Researcher: KLM Page 2 4/8/24
EFFECTIVE DATE: Upon passage
BACKGROUND
Gas Cylinder Stewardship Law
PA 22-27 established a framework for a statewide stewardship
program to collect discarded gas cylinders. Among other things, the law
requires, by October 1, 2025, all gas cylinder producers to be part of an
approved and implemented stewardship program, either individually
or by participating in a stewardship organization.
COMMITTEE ACTION
Environment Committee
Joint Favorable
Yea 34 Nay 0 (03/20/2024)