HB 7295 — AN ACT CONCERNING RECYCLING PLANS FOR PAPER AND PACKAGING AND ESTABLISHING CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT GOALS.

General Assembly SubstituteRaised Bill No.

7295 January Session, 2019 ANLCO ACTNo. CONCERNING RECYCLING PLANS FOR PAPER AND PACKAGING AND ESTABLISHING CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT GOALS.

5118 Referred to Committee on ENVIRONMENT Introduced by:

(ENV) AN ACT CONCERNING A RECYCLING PROGRAM FOR PAPER AND PACKAGING AND REQUIRING CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT GOALS.

(NEW) (Effective from passage) (a) For purposes of this section:

(A) Manufactures packaging or paper for use in a commercial enterprise and who sells, offers for sale or distributes packaging or paper in the state under the manufacturer's own brand, (B) is not a manufacturer of packaging or paper but who is the owner or licensee of a trademark under which such packaging or paper is used in a commercial enterprise, sold, offered for sale or distributed in the state, regardless of whether the trademark is registered, or (C) imports packaging or paper into the LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295-R011 of 5 HB.docx Substitute Bill No.

72955118 1 of 7 Raised Bill No.7295 such packaging or paper is used in a commercial enterprise, sold, offered for sale or distributed in the state, regardless of whether the trademark is registered, or (C) imports packaging or paper into the state for use in a commercial enterprise or for sale, offer for sale or distribution in the state;

(b) (1) On or before December 31, 2020, each producer, except a small producer, or such producer's designee, shall, working in consultation with the Department of Energy and Environmental Protection, submit to the joint standing committee of the General Assembly having cognizance of matters relating to the environment and to the department a plan to increaseestablish thea recyclingstate-wide ofpackaging such producer's products, decrease the disposal of such products and decreasepaper therecycling costsprogram toas municipalitiesdescribed forin thethis end-of-lifesubsection. management of such products.

Such planrecycling shallprogram beshall, designed to avoid any negative economic impacts to the state'sextent wasteit haulersis andtechnologically recyclingfeasible businesses and shalleconomically providepractical: details on the financing of any proposed programs for end-of-life management for packaging and paper.

(2)(1) AnyProvide planfor submittedfree, pursuantconvenient to this section shall identify each producer participating in the program, the manner in which participating producers will evaluate the effectiveness, implementation and enforcementaccessible ofstate-wide theopportunities plan,for a description of all financial aspects of any proposed program, including how the programreceipt will be financed, a description of thepackaging performanceand goalspaper offrom any proposedperson program and how such goals will be met in the firststate, two(2) yearsutilize ofexisting suchcollection program,systems the proposed recycling and commercial processing facilities to be used by the programgreatest andextent howpossible, the(3) planprovide willfor advanceproducer-financed theend-of-life goalsmanagement offor thepackaging state'sand solidpaper, wasteand management(4) planprovide adoptedfor inproducer-financed accordancelitter withand sectionmarine 22a-228debris abatement of thepackaging generaland statutes.paper.

(c)Such Onproducers ormay beforeform Julyone 31,or 2020,more organizations for the Commissionerpurpose of Energymeeting andthe LCOrequirements {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-072952 of 5this R01-HB.docxsection. } Substitute Bill No.

7295(2) EnvironmentalAny Protectionplan shallsubmitted submitpursuant anto interimthis report,section inshall accordanceidentify witheach sectionproducer 11-4aparticipating ofin the generalprogram, statutes,the tomanner thein jointwhich standingparticipating committeeproducers ofwill evaluate the Generaleffectiveness, Assemblyimplementation havingand cognizanceenforcement of mattersthe relatedplan, toa thedescription environmentof concerningall thefinancial progressaspects of planningthe effortsprogram, undertakenincluding byhow the producersprogram pursuantwill tobe subsectionfinanced, (b)a description of thisLCO section.No.

(d)5118 On2 orof before7 JanuaryRaised 1,Bill 2021,No.7295 the commissioner,performance ingoals accordance with section 11-4a of the generalprogram statutes,and shallhow submitsuch recommendationsgoals towill thebe jointmet standingin committee of the Generalfirst Assemblytwo havingyears cognizance of mattersthe relatedprogram, to the environmentproposed concerningrecycling methodsand suchprocessing producersfacilities shouldto undertakebe toused increaseby the recyclingprogram ofand suchhow producers'the products,plan decreasewill advance the disposalgoals of suchthe productsstate's andsolid decreasewaste themanagement costsplan toadopted municipalitiesin foraccordance thewith end-of-lifesection management22a-228 of suchthe products.general statutes.

Said(c) committeeOn or before July 31, 2020, the Commissioner of Energy and Environmental Protection shall conductsubmit aan publicinterim hearingreport, onin suchaccordance recommendationswith notsection later11-4a thanof sixty-fivethe daysgeneral afterstatutes, to the submissionjoint standing committee of suchthe recommendationsGeneral Assembly having cognizance of matters related to the committee.environment concerning the progress of planning efforts undertaken by the producers pursuant to subsection (b) of this section.

(d) On or before March 1, 2021, the commissioner may submit a recommendation to the clerks of the House of Representatives and the Senate to approve the plan or plans submitted by producers.

If the General Assembly does not reject such recommendation by a simple majority vote in each chamber on or before June 30, 2021, such recommendation shall be deemed approved, and the commissioner shall work with producers to implement any recommended plan.

SubsectionSubsections (f) to (j), inclusive, of section 22a-220 of the general statutes isare repealed and the following is substituted in lieu thereof (Effective from passage):

It shall be the goal to[to recycle twenty-five per cent of the solid waste generated in each municipality provided it shall be the goal to reduce the weight of such waste by January 1, 2000, by an additional fifteen per cent by source reduction as determined by reference to the state- LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295- 3 of 5 R01-HB.docx } Substitute Bill No.

72955118 3 of 7 Raised Bill No.7295 generated in each municipality provided it shall be the goal to reduce the weight of such waste by January 1, 2000, by an additional fifteen per cent by source reduction as determined by reference to the state- wide solid waste management plan established in 1991, or by recycling such additional percentage of waste generated, or both.

ForThe planningprovisions purposes,of itthis subsection shall not be construed to require municipalities to enforce reduction in the goalquantity of solid waste] for each municipality to dispose annually of not more than seven hundred pounds per capita from residential sources of municipal solid waste by January 1, 2022, and not more than five hundred pounds per capita from such sources by January 1, 2024.

The failure to meet such per capita goals shall not provide a basis for the commissioner to issue an order pursuant to this chapter.

The provisions of this subsection shall not be construed to require municipalities to enforce reduction in the quantity of solid waste.

(g) A municipality may contract with a municipal authority, another municipality, a regional entity, the Materials Innovation and Recycling Authority, a nonprofit organization, a private contractor or any combination thereof for assistance in complying with the requirements of this section.

(h) On or before September 30, 2010, and annually thereafter, each municipality, or its designated regional agent, shall provide a report to the Commissioner of Energy and Environmental Protection describing the measures taken during the preceding year to meet its obligations LCO No.

5118 4 of 7 Raised Bill No.7295 under this section.

The commissioner shall provide each municipality with a form for such report by July 1, 2010.

Such form may be amended from time to time.

Such report shall include, but not be limited to, (1) a description of the efforts made by the municipality to promote recycling and waste reduction, (2) a description of its efforts to ensure compliance with separation requirements, (3) an identification of the first destinations that received solid waste, including recyclable material generated in the municipality's borders, [and] (4) the actual or estimated amount of such disposed solid waste and recyclable material that has been delivered to a first destination that is out of state or a Connecticut end user, and (5) the names and contact information for all collectors registered to provide services in the municipality and copies of reports provided by such collectors in accordance with section 22a-220a, as amended by this act.

If such amounts of recyclable material or solid waste are unknown to the municipality, the municipality shall provide the commissioner with the contact information of the collector who transported such recyclable material or municipal solid waste.

For the purposes of this subsection, "collector" has the same meaning as in section 22a-220a, as amended by this act.

(i) Each municipality shall designate a municipal or regional agent to receive from collectors of solid waste and recyclable items and from operators of resources recovery facilities and solid waste facilities the notices required to be sent to the municipality pursuant to section 22a- 220c.

(j) On and after January 1, [1991] 2020, the commissioner may issue an order, in accordance with the procedures set forth in section 22a- 225, to enforce the requirements of this section and section 22a-241e.

If the commissioner determines that a municipality is making insufficient progress in implementing a recycling and waste reduction program [he] the commissioner may issue a notice of [recycling] program deficiency.

Thirty days after issuance of said notice the commissioner shall meet with the chief executive officer of the municipality to discuss the deficiency, the municipality's explanations thereof and LCO No.

5118 5 of 7 Raised Bill No.7295 remedial steps.

The municipality at such meeting may cite impediments to the accomplishment of recycling program goals including, but not limited to, the following:

The availability of markets;

the availability of local processing systems;

the availability of regional processing centers;

the desirability of alternate utilization techniques;