Substitute Senate Bill No. 1224
         Substitute Senate Bill No. 1224

              PUBLIC ACT NO. 97-102


AN  ACT  CONCERNING  GRASS CLIPPINGS AND DIRECTORY
PUBLISHERS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Section  22a-208v  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  On  and   after   October  1,  1995,  the
Commissioner of Environmental  Protection,  AND ON
AND  AFTER  OCTOBER   1,   1997,  THE  CONNECTICUT
RESOURCES RECOVERY AUTHORITY,  shall provide for a
program  of  public  information  to  promote  the
recycling of grass  clippings by composting at the
property where the  grass clippings are generated,
by allowing the  grass  clippings  to decompose in
place  or  by  composting  grass  clippings  at  a
municipal or commercial composting facility.
    (b)  The commissioner  shall  authorize  pilot
projects, according to  standards or guidelines he
deems appropriate, under  which municipalities may
provide for the composting of grass clippings. The
commissioner may adopt  regulations, in accordance
with the provisions  of  chapter  54, to establish
composting  of grass  clippings  at  the  property
where  such  clippings   were   generated  as  the
preferred method of  disposal,  or at a commercial
composting facility, and  to  allow municipalities
to compost grass clippings.
    (c)  After October  1,  [1997]  1998,  or  six
months   after  the   commissioner   adopts   such
regulations,  whichever is  sooner,  no  resources
recovery   facility  or   solid   waste   facility
permitted  under  this   chapter,   other  than  a
municipal or commercial  composting  facility, may
accept grass clippings for disposal.
    Sec.  2.  Section  22a-256ee  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [On or before  January 1, 1991, each directory
publisher shall file  a plan with the Commissioner
of Environmental Protection  which  shall  provide
that  in  1991  at  least  ten  per  cent  of  the
directories distributed by  such publisher in this
state  shall  be   retrieved  and  recycled.  Said
percentage shall be increased by five per cent per
year until fifty  per  cent  or more are retrieved
and  recycled.]  ANY   DIRECTORY   PUBLISHER   WHO
PUBLISHES A DIRECTORY  WHICH  DOES  NOT  MEET  THE
RECYCLED CONTENT STANDARD  PROVIDED FOR IN SECTION
22a-256z SHALL FILE  A  PLAN WITH THE COMMISSIONER
NOT LATER THAN  NINETY DAYS AFTER SUCH PUBLICATION
WHICH SHALL PROVIDE  THAT  AT LEAST FORTY PER CENT
OF SUCH DIRECTORIES  DISTRIBUTED BY SUCH PUBLISHER
IN THIS STATE  SHALL BE RETRIEVED AND RECYCLED AND
SUCH PERCENTAGE SHALL  BE  INCREASED  BY  FIVE PER
CENT PER YEAR  UNTIL  FIFTY  PER  CENT OR MORE ARE
RETRIEVED AND RECYCLED.  ANY  DIRECTORY  PUBLISHER
WHO  PUBLISHES  A   DIRECTORY   WHICH  MEETS  SUCH
STANDARD SHALL ANNUALLY  RETRIEVE  AND  RECYCLE AT
LEAST  THIRTY  PER   CENT   OF   ITS   DIRECTORIES
DISTRIBUTED IN THIS  STATE UNLESS THE COMMISSIONER
DETERMINES THAT (1)  FIFTY PER CENT OR MORE OF THE
MUNICIPALITIES   IN   THIS   STATE   ACCEPT   SUCH
PUBLISHER'S  DIRECTORIES  AS   PART  OF  MUNICIPAL
RECYCLING PROGRAMS AND  THAT  SUCH DIRECTORIES ARE
RECYCLED OR (2)  FIFTY  PER  CENT  OR  MORE OF THE
INTERMEDIATE  SOLID WASTE  PROCESSING  CENTERS  IN
THIS STATE ACCEPT  SUCH  DIRECTORIES  AS PART OF A
RECYCLING PROGRAM AND  THAT  SUCH  DIRECTORIES ARE
RECYCLED.
    Sec.  3.  Section   22a-268   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The authority shall  utilize private industry,
by contract, to  carry  out  the business, design,
operating,  management,  marketing,  planning  and
research   and  development   functions   of   the
authority, unless the authority determines that it
is in the  public interest to adopt another course
of action. The  authority  is  hereby empowered to
enter  into  long-term   contracts   with  private
persons for the  performance of any such functions
of the authority  which,  in  the  opinion  of the
authority,  can  desirably   and  conveniently  be
carried out by  a  private  person  under contract
provided  any such  contract  shall  contain  such
terms and conditions  as will enable the authority
to retain overall  supervision  and control of the
business,    design,    operating,     management,
transportation, marketing, planning  and  research
and development functions  to be carried out or to
be performed by  such  private persons pursuant to
such contract. Such  contracts may be entered into
either on a  negotiated  or an open-bid basis, and
the authority in  its  discretion  may  select the
type of contract it deems most prudent to utilize,
considering  the scope  of  work,  the  management
complexities associated therewith,  the  extent of
current  and  future   technological   development
requirements and the  best interests of the state.
Whenever a long-term  contract  is entered into on
other than an  open-bid  basis,  the  criteria and
procedures therefor shall  conform  to  applicable
provisions of subdivision  (16)  of subsection (a)
and subsections (b)  and  (c)  of section 22a-266,
provided however, that  any  contract for a period
of over five  years  in  duration, or any contract
for which the annual consideration is greater than
fifty thousand dollars  shall  be  approved  by  a
two-thirds vote of  the  authority's full board of
directors.  The  terms   and  conditions  of  such
contracts shall be determined by the authority, as
shall the fees or other similar compensation to be
paid  to such  persons  for  such  contracts.  The
contracts entered into  by the authority shall not
be subject to  the  approval  of  any  other state
department, office or  agency.  However, copies of
all contracts of  the  authority  [shall  be filed
with the State  Treasurer and] shall be maintained
[by them and]  by the authority as public records,
subject to the  proprietary rights of any party to
the contract. Nothing  of  the  aforesaid shall be
deemed to restrict the discretion of the authority
to utilize its  own  staff  and work force for the
performance    of    any     of    its    assigned
responsibilities and functions  whenever,  in  the
discretion of the authority, it becomes necessary,
convenient or desirable  to  do so. Any litigation
with  respect  to   any   terms,   conditions   or
provisions of any  contract  of  the authority, or
the  performance  or  nonperformance  of  same  by
either party, shall be tried before a judge of the
Superior Court of Connecticut.

Approved June 6, 1997