OLR Bill Analysis

HB 5302

Emergency Certification

AN ACT CONCERNING MUNICIPALITIES AND SOLID WASTE FACILITIES.

SUMMARY:

This bill specifies that a municipality can regulate solid waste facility land use through zoning regulations but prohibits such regulations adopted under statute from effectively banning solid waste facility construction, alteration, or operation. (The bill does not provide a similar prohibition for municipal zoning regulations adopted under a special act. ) By law, a “solid waste facility” is a solid waste disposal area, volume reduction plant, transfer station, wood-burning facility, or biomedical waste treatment facility.

EFFECTIVE DATE: Upon passage

BACKGROUND

Related Case

In Recycling Inc. v. City of Milford, 50 Conn. L. Rptr. 866 (2010), the Superior Court held that the legislature, in PA 06-76, intended to preempt local regulatory authority of solid waste facilities. Section 24 of the act, in part, repealed a statutory provision in the Solid Waste Management Act that allowed local governing bodies to regulate land use for solid waste disposal through zoning.