Chapter 446z

Sec. 22a-901. Permanent placement, disposal or storage of certain asbestos-containing material. Notwithstanding any provision of chapter 445, no person or government agency shall permanently place, deposit, dispose of or store more than one thousand cubic yards of soil consisting of asbestos-containing material (1) from another site to a site that abuts or adjoins residential property, and (2) at a height of more than four feet above the existing grade of the land without the approval of a two-thirds majority of the legislative body of the municipality in which such property is located. For the purposes of this section, “asbestos-containing material” has the same meaning as provided in section 19a-332.

(P.A. 08-94, S. 2; P.A. 14-122, S. 139.)

History: P.A. 14-122 made technical changes.

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Sec. 22a-902. Participation of commissioner in an interstate clearinghouse concerning chemicals. The Commissioner of Energy and Environmental Protection may, within available appropriations, participate in an interstate clearinghouse to (1) classify chemicals existing in commercial goods into one of the following four categories: (A) High concern, (B) moderate concern, (C) low concern, or (D) unknown concern; (2) organize and manage available data on chemicals, including, but not limited to, information on uses, hazards and environmental concerns associated with chemicals; (3) produce and inventory information on safer alternatives for specific uses of chemicals and model policies and programs related to such alternatives; (4) provide technical assistance to businesses and consumers relating to safer chemicals; and (5) other activities related to this section.

(P.A. 08-106, S. 13; P.A. 11-80, S. 1.)

History: P.A. 08-106 effective June 2, 2008; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-903. Chemical Innovations Institute. Established. Duties. Board of directors. Report. Funding. (a) There is established a Chemical Innovations Institute within The University of Connecticut Health Center that shall (1) foster green job growth and safer workplaces through encouraging clean technology innovation and utilization of green chemistry, and (2) provide assistance to businesses, state agencies and nonprofit organizations that seek to utilize alternatives to chemicals that are harmful to public health and the environment.

(b) The institute shall be overseen by a board of directors. The board of directors shall consist of (1) a member appointed by The University of Connecticut Health Center who shall be an ex-officio member of the board and shall serve as the executive director of the institute, and (2) seven members appointed as follows: (A) One by the Governor, who represents a large Connecticut manufacturer that participates in an international marketplace and that has successfully implemented or is in the process of implementing green chemistry into its manufacturing process; (B) one by the president pro tempore of the Senate, who represents a small Connecticut manufacturer; (C) one by the speaker of the House of Representatives, who represents a state-wide occupational health and safety organization or union health and safety committee; (D) one by the majority leader of the Senate, who has expertise working with businesses to implement sustainable business practices; (E) one by the majority leader of the House of Representatives, who represents a state-wide environmental health nonprofit organization; (F) one by the minority leader of the Senate, who is a health professional or scientist with expertise regarding the health effects of prenatal exposure to chemicals of concern or occupational environmental health; and (G) one by the minority leader of the House of Representatives, who has green chemistry training and expertise.

(c) Initial appointments to the board shall be made on or before August 15, 2010. In the event that an appointing authority fails to appoint an initial board member by August 31, 2010, the president pro tempore of the Senate and the speaker of the House of Representatives shall jointly appoint a board member who meets the applicable qualifications for such appointment and such board member shall serve a full term. The term for the initial board member appointed by the Governor shall be two years. The term for the initial board members appointed by the president pro tempore of the Senate and the speaker of the House of Representatives shall be three years. The term for the initial board member appointed by the majority and the minority leaders of the Senate and the House of Representatives shall be four years. Any person appointed to the board after such initial appointments shall serve a term of four years.

(d) The board shall appoint two members to serve as the cochairpersons of the board. The board shall meet at the discretion of the cochairpersons provided it shall meet not less than once per year. A quorum of the members of the board shall be required to conduct any business. Four members of the board shall constitute a quorum.

(e) The institute shall work with businesses, state agencies, nonprofit organizations, workers, and community groups as a resource for information about chemicals that are of concern to public health and the environment, safe alternatives to such chemicals and emerging state and federal chemical regulations. The institute shall: (1) Research and identify chemicals that are important to the state economy, (2) provide research and technical assistance concerning chemicals that are of concern to the environment and public health, as well as alternatives to such chemicals, (3) coordinate and share information with institutes in other states and the interstate chemicals clearinghouse, as described in section 22a-902, concerning alternative chemicals and the impact of such alternative chemicals on public health and the environment, (4) offer trainings for businesses regarding chemical regulations and such alternative chemicals, and (5) assist businesses in identifying funding to be used for the implementation of sustainable, chemical-related processes by such businesses.

(f) The board shall review progress in meeting the duties described in subsection (e) of this section. The board shall work to identify potential funding sources that may be utilized to establish and administer the institute.

(g) Not later than January fifteenth of each year and in accordance with the provisions of section 11-4a, the board shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the activities of the past year that were performed by the institute in furtherance of the institute's duties. Such report shall include recommendations on options to fund the institute.

(h) The board and The University of Connecticut Health Center shall seek federal funds for the administration of the institute. In addition, the board and The University of Connecticut Health Center may seek funding for the institute from nongovernmental foundations, including, but not limited to, nongovernmental health access foundations, private citizens, corporations and other government entities. In the event that the board determines that adequate funds exist, the institute may establish technical assistance grants to businesses and nonprofit organizations to assist such businesses and nonprofit organizations in transitioning to the use of safer chemical alternatives.

(i) The University of Connecticut Health Center shall not be required to develop, implement and promote the institute described in this section, if federal, state and private funds, as described in subsection (h) of this section, in the aggregate, are insufficient to pay for the initial and ongoing expenses of such institute.

(P.A. 10-164, S. 1.)

History: P.A. 10-164 effective June 8, 2010.

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Sec. 22a-903a. Perfluoroalkyl and polyfluoroalkyl substance. Class B firefighting foam content prohibition. Exceptions. Take-back program. Enforcement. (a) As used in this section:

(1) “Perfluoroalkyl or polyfluoroalkyl substance” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom;

(2) “Class B firefighting foam” means a foam used for the purpose of extinguishing flammable liquid fires; and

(3) “Testing” includes calibration testing, conformance testing and fixed system testing as required by state or municipal law or policy.

(b) (1) On and after July 13, 2021, no person, local government or state agency shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount for training or testing purposes.

(2) Except as provided in subdivisions (3) to (5), inclusive, of this subsection, on and after October 1, 2021, no person shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance for any vapor suppression or firefighting purpose unless such fire is a flammable liquid-based fire and the Commissioner of Energy and Environmental Protection fails to identify an alternative to such use on or before July 1, 2021.

(3) For any airport-related entity with a facility that utilizes a fire suppression system containing class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance, on or before July 13, 2021, mitigation measures shall be employed to prevent releases of such foam into the environment, including the implementation of plans and physical features that are designed to prevent releases of such foam into the environment through the use of containment, treatment, and disposal of such foam, even when such foam is deployed in its intended manner. Not later than October 1, 2023, any such system shall be removed or repurposed to remove such firefighting foam.

(4) No person required by federal law to use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount shall use such foam upon the earlier of the following: (A) A change in federal law prohibiting the use of such foam, or (B) one year after a change in federal law to no longer require the use of such foam.

(5) Any person who operates a chemical plant, oil refinery, or terminal, storage or distribution facility for flammable liquids may request an extension of time for compliance with the requirements of subdivision (2) of this subsection by applying to the Commissioner of Energy and Environmental Protection for such an extension. Any such request shall specify why such extension is necessary and what containment, treatment, and disposal measures will be employed to prevent releases of such class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance into the environment until compliance with subdivision (2) of this subsection can be achieved. The Commissioner of Energy and Environmental Protection may grant such an extension if the commissioner determines that such extension is necessary to remove or repurpose a fire suppression system containing such foam. Any such extension that is granted by the commissioner pursuant to this subdivision shall be limited to not longer than two years.

(c) Not later than October 1, 2021, the Commissioner of Energy and Environmental Protection shall develop or identify a take-back program for municipally owned class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances that results in the application of best management practices for the disposal of such substances.

(d) The provisions of this section may be enforced, within available appropriations, by the Commissioner of Energy and Environmental Protection.

(P.A. 21-191, S. 1.)

History: P.A. 21-191 effective July 13, 2021.

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Sec. 22a-903b. PFAS Testing account. Established. Purpose. There is established an account to be known as the PFAS Testing account which shall be a separate, nonlapsing account within the General Fund. Moneys in such account shall be used by the Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, to provide municipalities, as defined in section 7-381, and school districts with grants or reimbursements to test for the presence of PFAS contamination in drinking water supplies and to remediate any such contamination and for the implementation of section 22a-903c, including, but not limited to, any expense necessary for staffing administrative costs, enforcement, dues or other costs associated with the multistate clearinghouse established or implemented pursuant to subsection (h) of section 22a-903c. Such account shall contain all moneys required by law to be deposited in such account. Such account may receive funds from private or public sources, including, but not limited to, the federal government. For the purposes of this section, “PFAS” has the same meaning as provided in section 22a-255h.

(P.A. 23-74, S. 1; P.A. 24-59, S. 2.)

History: P.A. 23-74 effective July 1, 2023; P.A. 24-59 added references to school districts and expenses associated with the implementation of Sec. 22a-903c, effective June 5, 2024.

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(1) “Adult mattress” means a mattress other than a crib mattress or toddler mattress.

(2) “Air care product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating odors or freshening the air. “Air care product” does not include hydrofluorocarbon or hydrofluoroolefins used as propellants in cosmetics.

(3) “Apparel” means any of the following: Clothing items intended for daily regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, outdoor apparel, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, accessories, handbags, backpacks and uniforms for workwear. “Apparel” does not include personal protective equipment or clothing items for exclusive use by the United States military or in aerospace or defense applications; or outdoor apparel intended for severe wet conditions.

(4) “Automotive maintenance product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including, but not limited to, products for washing, waxing, polishing, cleaning or treating the exterior or interior surfaces of motor vehicles. “Automotive maintenance product” does not include automotive paint or paint repair products.

(5) “Biosolid” means solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works and includes without restriction and is not limited to: (A) Domestic septage; (B) scum or solids removed in a primary, secondary or advanced wastewater treatment process; and (C) material derived from a biosolid.

(6) “Carpet or rug” means a fabric product marketed or intended for use as a floor covering. “Carpet or rug” does not include a covering intended solely for use inside aircraft, automobiles, light duty trucks, vans, buses or any other vehicle.

(7) “Children's product” means a product designed or marketed for use by infants and children under twelve years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, play mat, playpen, play yard, polyurethane foam mat, pad or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller or toddler mattress. “Children's product” does not include any children's electronic product such as a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen or any associated peripheral such as a mouse, keyboard, power supply unit or power cord or an adult mattress.

(8) “Cleaning product” means a finished product used primarily for domestic, commercial or institutional cleaning purposes, including, but not limited to, an air care product, an automotive maintenance product, a general cleaning product or a polish or floor maintenance product.

(9) “Commissioner” means the Commissioner of Energy and Environmental Protection.

(10) “Cookware” means durable houseware items used to prepare, dispense or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets, grills, baking sheets, baking molds, trays, plates, bowls, cutlery and cooking utensils.

(11) “Cosmetic product” means articles, excluding soap, that are intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness or altering the appearance of, and any item intended for use as a component of any such article. “Cosmetic product” does not include a product that requires a prescription for distribution or dispensation, or hydrofluorocarbon or hydrofluoroolefins used as propellants in cosmetics.

(12) “Department” means the Department of Energy and Environmental Protection.

(13) “Fabric treatment” means a substance applied to fabric to give the fabric one or more characteristics, including, but not limited to, stain or water resistance.

(14) “Intentionally added PFAS” means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function.

(15) “Manufacturer” means the person that creates or produces a product or whose brand name is affixed to the product. “Manufacturer” includes, for any product imported into the United States, the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

(16) “Medical device” has the same meaning as “device” in 21 USC 321(h).

(17) “Menstruation products” means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, applicators and menstrual cups, whether disposable or reusable.

(18) “Outdoor apparel” means clothing items intended primarily for outdoor activities, including, but not limited to, hiking, camping, skiing, climbing, bicycling and fishing.

(19) “Outdoor apparel for severe wet conditions” means outdoor apparel that are extreme and extended-use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use, including, but not limited to, outerwear for offshore fishing, offshore sailing, whitewater kayaking and mountaineering.

(20) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(21) “Personal protective equipment” means equipment worn to minimize exposure to hazards that cause serious workplace injuries and illnesses that may result from contact with chemical, radiological, physical, biological, electrical, mechanical or other workplace or professional hazards.

(22) “Product” means any item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including, but not limited to, its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products.

(23) “Product component” means any identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

(24) “Ski wax” means any lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve grip or glide properties. “Ski wax” includes, but is not limited to, any related tuning products.

(25) “Textile” means any item made, in whole or in part, from a natural or synthetic fiber, yarn or fabric, including, but not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon or polyester.

(26) “Textile furnishings” means textile goods of a type customarily used in households and businesses, including, but not limited to, draperies, floor coverings, furnishings, bedding, shower curtains, towels and tablecloths. “Textile furnishings” does not include: any textile good intended solely for use inside automobiles, light duty trucks, vans, buses or any other vehicle, carpets and rugs, treatments containing PFAS for use on converted textiles or leathers, any vessel, or its component parts, including boat covers, filtration media and filter products used in industrial applications, including, but not limited to, chemical or pharmaceutical manufacturing and environmental control applications, textile articles used in or for laboratory analysis and testing, any aircraft, or its component parts, stadium shades or other architectural fabric structures, articles intended to provide a barrier against biological fluids and other infectious agents, such as medical gowns and caps, surgical drapes and covers, hospital linens, wound care pads and dressings, surgical hosiery and personal protective equipment. For purposes of this subdivision, “architectural fabric structure” means a permanent fabric structure that is intrinsic to a building's design or construction.

(27) “Turnout gear” means protective clothing worn as a main source of protection for firefighters and emergency medical services personnel during firefighting and post-fire operations to minimize exposure to hazards that cause serious injuries and illnesses that may result from contact with thermal, physical, chemical, biological or other workplace hazards. “Turnout gear” includes (A) protective clothing designed to protect firefighters performing structural firefighting, proximity firefighting, wildland firefighting and urban interface firefighting; and (B) other personal protective equipment referred to in section 33(c)(3)(I)(i) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(c)(3)(I)(i)).

(28) “Upholstered furniture” means an article of furniture that is designed to be used for sitting, resting or reclining and that is wholly or partly stuffed or filled with any filling material. “Upholstered furniture” does not include furniture solely intended for use inside aircraft.

(29) “Wastewater sludge” means the solid residue and associated liquid resulting from physical, chemical or biological treatment of domestic or industrial wastewater.

(b) (1) On and after July 1, 2026, no person shall manufacture, sell, offer for sale or distribute for sale in this state any (A) apparel; (B) carpet or rug; (C) cleaning product; (D) cookware; (E) cosmetic product; (F) dental floss; (G) fabric treatment; (H) children's product; (I) menstruation product; (J) textile furnishing; (K) ski wax; or (L) upholstered furniture if such product contains intentionally added PFAS, unless the manufacturer of the product provides prior notification in writing to the department in accordance with the requirements of this subsection. Such notification shall at a minimum include: (i) A brief description of the product to be offered for sale, used or distributed, including the product category and the function of PFAS in the product; (ii) all relevant chemical abstract service registry numbers or, if no such number is applicable, the molecular formulas and weights for all PFAS intentionally added to the product; (iii) for each product category: (I) The amount of each PFAS or subgroups in each category; (II) the range of PFAS in the product category by per cent weight; (III) if no analytical method exists, the amount of total fluorine present in the product category; (IV) the purpose for which the PFAS is used in the product; and (V) the name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer.

(2) A manufacturer may supply the information required in this subsection for a category or type of product that contains intentionally added PFAS rather than for each individual product.

(3) The manufacturer shall update and revise information in such notification whenever there is a change in the information or when requested to do so by the department.

(4) No person shall sell, offer for sale or distribute for sale in this state any of the products listed in subdivision (1) of this subsection if the product contains intentionally added PFAS, and the manufacturer has failed to submit notification pursuant to this subsection.

(c) (1) On and after January 1, 2026, no person shall distribute, sell or offer for sale in this state any new or not-previously-used outdoor apparel for severe wet conditions that contains PFAS unless such product is accompanied by a legible and easily discernable disclosure with the statement “Made with PFAS chemicals”, including for any online listing of such products for sale. On and after January 1, 2026, if a manufacturer or other person sells turnout gear that contains intentionally added PFAS, the manufacturer or person shall provide written notice to the purchaser at the time of sale that indicates that the turnout gear includes intentionally added PFAS and the reason PFAS is added to the turnout gear. On and after July 1, 2026, no person shall manufacture, sell, offer for sale or distribute for sale in this state any (A) apparel; (B) carpet or rug; (C) cleaning product; (D) cookware; (E) cosmetic product; (F) dental floss; (G) fabric treatment; (H) children's product; (I) menstruation product; (J) textile furnishing; (K) ski wax; or (L) upholstered furniture if such product contains intentionally added PFAS, unless such product is labeled in accordance with this subsection. Nothing in this subsection shall be construed to require or replace such disclosure, notice or labeling that is otherwise prohibited or prescribed by federal law.

(2) Whenever a product listed in subdivision (1) of this subsection contains intentionally added PFAS and is a component of another product, the product that contains the component shall be labeled.

(3) All labels shall be clearly visible prior to sale and shall inform the purchaser, using words or symbols approved by the department, that PFAS is present in the product.

(4) Labels affixed to any such product shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.

(5) The manufacturer shall apply any product and package labels required under this subsection unless the wholesaler or retailer agrees with the manufacturer to accept responsibility for such application.

(d) On and after January 1, 2028, no person shall manufacture, sell, offer for sale or distribute for sale in this state any of the following products if the product contains intentionally added PFAS: (1) Apparel; (2) turnout gear; (3) carpets or rugs; (4) cleaning products; (5) cookware; (6) cosmetic products; (7) dental floss; (8) fabric treatments; (9) children's products; (10) menstruation products; (11) textile furnishings; (12) ski wax; (13) upholstered furniture; or (14) outdoor apparel for severe wet conditions.

(e) Notwithstanding any provision of this section, if a cosmetic product made through manufacturing processes intended to comply with this section contains an unavoidable trace quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the manufacturing process, storage or migration from packaging, such unavoidable trace quantity shall not cause the cosmetic product to be in violation of this section. For purposes of this subsection, “ingredient” has the same meaning as provided in 21 CFR 700.3 and does not include any incidental ingredient as defined in 21 CFR 700.3.

(f) No person shall use, sell or offer for sale in this state as a soil amendment any biosolids or wastewater sludge that contain PFAS.

(g) (1) The Commissioner of Energy and Environmental Protection may enforce the provisions of this section pursuant to section 22a-6. The Commissioner of Energy and Environmental Protection may coordinate with the Commissioners of Agriculture, Consumer Protection and Public Health in enforcing this section.

(2) Upon written request by the department, a certificate of compliance, or copies thereof, stating that a product is in compliance with the requirements of this section shall be furnished by the product's manufacturer or supplier to the department. When requested by the Commissioner of Energy and Environmental Protection, any person shall furnish to the commissioner any information that the person may have or may reasonably obtain that is relevant to show compliance with the provisions of this section.

(3) Any such certificate of compliance shall be signed by an authorized official of the manufacturer or supplier. A certificate of compliance shall be kept on file by the manufacturer or supplier of the product. A manufacturer or supplier may make the certificate of compliance available on the manufacturer's or supplier's Internet web site or through an authorized representative of the manufacturer or supplier, including a multijurisdictional clearinghouse.

(h) (1) The department may participate in the establishment and implementation of a multijurisdictional clearinghouse to assist in carrying out the requirements of this section and to assist in coordinating the review of manufacturer applications and obligations under this section. Such multijurisdictional clearinghouse may also maintain a database of all products containing intentionally added PFAS and a file on all exemptions granted by the participating jurisdictions.

(2) Notwithstanding the provisions of chapter 14, the commissioner may provide the regional multistate clearinghouse described in section 22a-902 with copies of information relating to the administration of this section and the commissioner, in consultation with said clearinghouse, may compile or publish analyses or summaries of such information, provided such analyses or summaries do not identify any manufacturer or reveal any confidential information.

(i) The commissioner may impose fees sufficient to cover the costs of administering the provisions of this section, including, but not limited to, participation in a multijurisdictional clearinghouse described in subsection (h) of this section. Such fees shall be established annually, based on an actual accounting of program costs, and the amounts shall be posted on the department's Internet web site. Any such fee shall be utilized by the commissioner to cover any costs of the department associated with the provisions of this section. Any fee collected pursuant to this subsection shall be deposited by the commissioner in the PFAS testing account established pursuant to section 22a-903b.

(j) The provisions of this section shall not be construed to apply to: (1) Any product for which federal law governs or requires the presence of PFAS in the product in a manner that preempts state authority; (2) any product regulated under section 22a-903a or 22a-255i; (3) the sale or resale of a used product; (4) any prosthetic, orthotic device or product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration; (5) any product made with not less than eighty-five per cent recycled content; (6) any product manufactured prior to any prohibition imposed by the provisions of this section; or (7) replacement parts for any product manufactured prior to any prohibition imposed by the provisions of this section.

(P.A. 24-59, S. 1.)

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Sec. 22a-904. Paint stewardship program. Definitions. For purposes of this section and section 22a-904a:

(1) “Architectural paint” means interior and exterior architectural coatings sold in containers of five gallons or less. “Architectural paint” does not include industrial, original equipment or specialty coatings.

(2) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in this state.

(3) “Environmentally sound management practices” means procedures for the collection, storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by the representative organization or such representative organization's contracted partners to ensure compliance with all applicable federal, state and local laws, regulations and ordinances and the protection of human health and the environment. “Environmentally sound management practices” include, but are not limited to, record keeping, the tracking and documenting of the fate of postconsumer paint in and outside of this state, and environmental liability coverage for professional services and for the operations of the contractors working on behalf of the representative organization.

(4) “Energy recovery” means the process by which all or a portion of solid waste materials are processed or combusted in order to utilize the heat content or other forms of energy derived from such solid waste materials.

(5) “Paint stewardship assessment” means the amount added to the purchase price of architectural paint sold in this state that is necessary to cover the cost of collecting, transporting and processing postconsumer paint by the representative organization pursuant to the paint stewardship program.

(6) “Postconsumer paint” means architectural paint that is not used and that is no longer wanted by a purchaser of architectural paint.

(7) “Producer” means a manufacturer of architectural paint who sells, offers for sale, distributes or contracts to distribute architectural paint in this state.

(8) “Recycling” means any process by which discarded products, components and by-products are transformed into new, usable or marketable materials in a manner in which the original products may lose their identity. “Recycling” does not include energy recovery.

(9) “Retailer” means any person who offers architectural paint for sale at retail in this state.

(10) “Reuse” means the return of a product into the economic stream for use in the same kind of application as the product was originally intended to be used, without a change in the product's identity.

(11) “Commissioner” means the Commissioner of Energy and Environmental Protection.

(12) “Sell” or “sale” means any transfer of title for consideration including, but not limited to, remote sales conducted through sales outlets, catalogues, the Internet or any other similar electronic means.

(13) “Representative organization” means the nonprofit organization created by producers to implement the paint stewardship program described in section 22a-904a.

(14) “Department” means the Department of Energy and Environmental Protection.

(P.A. 11-24, S. 1; 11-80, S. 1.)

History: P.A. 11-24 effective June 3, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.

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Sec. 22a-904a. Paint stewardship program. Establishment plan. Assessment. Immunity from liability. Sale prohibition. Consumer educational materials. Reports. (a)(1) On or before March 1, 2013, each producer shall join the representative organization and such representative organization shall submit a plan for the establishment of a paint stewardship program described in this subdivision to the commissioner for approval. Such paint stewardship program shall: (A) Minimize public sector involvement in the management of postconsumer paint by: (i) Reducing the generation of postconsumer paint, (ii) promoting the reuse and recycling of postconsumer paint, and (iii) negotiating and executing agreements to collect, transport, reuse, recycle, burn for energy recovery and dispose of postconsumer paint using environmentally sound management practices; (B) provide for convenient and available state-wide collection of postconsumer paint that, at a minimum, provides for collection rates and convenience equal to, or greater than, the collection programs available to consumers prior to such paint stewardship program; (C) propose a paint stewardship assessment; and (D) include a funding mechanism that requires each producer who participates in the representative organization to remit to the representative organization payment of the paint stewardship assessment for each container of architectural paint such producer sells in this state.

(2) The plan submitted pursuant to subdivision (1) of this subsection shall: (A) Identify each producer participating in the paint stewardship program and the brands of architectural paint sold in this state covered by the program; and (B) address the coordination of the paint stewardship program with existing household hazardous waste collection infrastructure, as much as is reasonably feasible and mutually agreeable.

(3) The commissioner may approve the plan for the establishment of a paint stewardship program that meets the requirements of subdivisions (1) and (2) of this subsection. Not later than two months after submission of the plan pursuant to this subsection, the commissioner shall make a determination whether or not to approve the plan.

(4) Not later than two months after the date the plan is approved pursuant to subdivision (3) of this subsection, the representative organization shall implement the paint stewardship program.

(b) (1) On or before March 1, 2013, and every two years thereafter, the representative organization shall propose a uniform paint stewardship assessment for all architectural paint sold in this state. Such proposed paint stewardship assessment shall be reviewed by an independent auditor to assure that such assessment does not exceed the costs of the paint stewardship program described in subsection (a) of this section and such independent auditor shall recommend an amount for such paint stewardship assessment to the department. The department shall be responsible for the approval of such paint stewardship assessment. Such independent auditor shall be selected by the department and the department shall be responsible for the review of the work product of such independent auditor, including, but not limited to, the review of such auditor's assessment of the bid and purchase procedures utilized by the representative organization to implement such program. The department may terminate the services of any such independent auditor. Not less than once every five years, the department shall select a different independent auditor to perform the duties described in this subdivision and subdivision (4) of subsection (h) of this section. The cost of any work performed by such independent auditor pursuant to the provisions of this subdivision and subdivision (4) of subsection (h) of this section shall be funded by the paint stewardship assessment.

(2) On and after the date of implementation of the paint stewardship program pursuant to subdivision (4) of subsection (a) of this section, the paint stewardship assessment, as established pursuant to subdivision (1) of this subsection, shall be added to the cost of all architectural paint sold to retailers and distributors in this state by each producer. On and after such implementation date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship assessment to the purchase price of all architectural paint sold in this state.

(c) Any retailer may participate, on a voluntary basis, as a paint collection point pursuant to such paint stewardship program and in accordance with any applicable provision of law or regulation.

(d) Each producer and the representative organization shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a violation of antitrust law, to the extent such producer or representative organization is exercising authority pursuant to the provisions of this section.

(e) Not later than the implementation date of the paint stewardship program, the department shall list the names of participating producers and the brands of architectural paint covered by such paint stewardship program on its web site.

(f) (1) On and after the implementation date of the paint stewardship program, no producer, distributor or retailer shall sell or offer for sale architectural paint to any person in this state if the producer of such architectural paint is not a member of the representative organization.

(2) No retailer or distributor shall be found to be in violation of the provisions of subdivision (1) of this subsection if, on the date the architectural paint was ordered from the producer or its agent, the producer or the subject brand of architectural paint was listed on the department's web site in accordance with the provisions of subsection (e) of this section.

(3) The commissioner may seek civil enforcement of the provisions of this subsection pursuant to chapter 439.

(g) Producers or the representative organization shall provide consumers with educational materials regarding the paint stewardship assessment and paint stewardship program. Such materials shall include, but not be limited to, information regarding available end-of-life management options for architectural paint offered through the paint stewardship program and information that notifies consumers that a charge for the operation of such paint stewardship program is included in the purchase price of all architectural paint sold in this state.

(h) On or before October 30, 2017, and annually thereafter, the representative organization shall submit a report to the Commissioner of Energy and Environmental Protection that details the paint stewardship program. Such report shall include, but not be limited to: (1) A description of the methods used to collect, transport and process postconsumer paint in this state; (2) the volume of postconsumer paint collected in this state; (3) the volume and type of postconsumer paint collected in this state by method of disposition, including reuse, recycling and other methods of processing; (4) the total cost of implementing the program, as determined by an independent financial audit, as performed by the independent auditor described in subdivision (1) of subsection (b) of this section and funded by the paint stewardship assessment; (5) an evaluation of the operation of the program's funding mechanism; and (6) samples of educational materials provided to consumers of architectural paint and an evaluation of the methods used to disseminate such materials.

(i) Not later than January 15, 2015, and biennially thereafter, the Commissioner of Energy and Environmental Protection shall submit, in accordance with section 11-4a, a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment that describes the results of the paint stewardship program and recommends modifications to improve the functioning and efficiency of such program, as necessary.

(P.A. 11-24, S. 2; 11-80, S. 1; P.A. 17-78, S. 2.)

History: P.A. 11-24 effective June 3, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 17-78 amended Subsec. (h) to replace “April 15, 2014” with “October 30, 2017”, effective June 27, 2017.

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Sec. 22a-904b. Bond authorization for buy-out program for homeowners and businesses that receive Federal Emergency Management Agency funding for flood hazard mitigation or property damage. Section 22a-904b is repealed, effective July 1, 2016.

(P.A. 12-189, S. 39; P.A. 14-98, S. 41; May Sp. Sess. P.A. 16-4, S. 325.)

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Sec. 22a-905. Mattress stewardship program: Definitions. For the purposes of this section and sections 22a-905a to 22a-905f, inclusive:

(1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer of such mattress;

(2) “Commissioner” means the Commissioner of Energy and Environmental Protection;

(3) “Covered entity” means any political subdivision of the state, mattress retailer, permitted transfer station, waste-to-energy facility, health care facility, educational facility, correctional facility, military base or commercial or nonprofit lodging establishment that possesses a discarded mattress that was discarded in this state. “Covered entity” does not include any renovator, refurbisher or any person who only transports a discarded mattress;

(4) “Department” means the Department of Energy and Environmental Protection;

(5) “Discarded mattress” means any mattress that a consumer discarded, intends to discard or abandoned;

(6) “Energy recovery” means the process by which all or a portion of solid waste materials are processed or combusted in order to utilize the heat content or other forms of energy derived from such solid waste materials;

(7) “Foundation” means any ticking-covered structure that is used to support a mattress and that is composed of one or more of the following: A constructed frame, foam or a box spring. “Foundation” does not include any bed frame or base made of wood, metal or other material that rests upon the floor and that serves as a brace for a mattress;

(8) “Mattress” means any resilient material or combination of materials that is enclosed by a ticking, that is used alone or in combination with other products, and that is intended for or promoted for sleeping upon. “Mattress” includes any foundation, renovated foundation or renovated mattress. “Mattress” does not include any of the following: (A) An unattached mattress pad, an unattached mattress topper, including any item with resilient filling, with or without ticking, that is intended to be used with or on top of a mattress, (B) a sleeping bag or pillow, (C) a car bed, (D) juvenile products, including a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper and any pad for such juvenile product, (E) a product that contains liquid or gaseous filled ticking, including any water bed or any air mattress that does not contain upholstery material between the ticking and the mattress core, or (F) any upholstered furniture that does not otherwise contain a detachable mattress, including, but not limited to, a fold-out sofa bed or a futon;

(9) “Mattress core” means the principal support system that is present in a mattress, including, but not limited to, springs, foam, air bladder, water bladder or resilient filling;

(10) “Mattress recycling council” or “council” means the nonprofit organization created by producers or created by any trade association that represents producers who account for a majority of mattress production in the United States to design, submit and implement the mattress stewardship program described in section 22a-905a;

(11) “Mattress stewardship fee” means the amount added to the purchase price of a mattress sold in this state that is necessary to cover the cost of collecting, transporting and processing discarded mattresses by the council pursuant to the mattress stewardship program;

(12) “Mattress stewardship program” or “program” means the state-wide program described in section 22a-905a and implemented pursuant to the mattress stewardship plan;

(13) “Mattress topper” means any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress;

(14) “Performance goal” means a metric proposed by the council to measure, on an annual basis, the performance of the mattress stewardship program, taking into consideration technical and economic feasibilities, in achieving continuous, meaningful improvement in improving the rate of mattress recycling in the state and any other specified goal of the program;

(15) “Producer” means any person who manufactures or renovates a mattress that is sold, offered for sale or distributed in the state under the producer's own name or brand. “Producer” includes (A) the owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in this state, whether or not such trademark or brand is registered in this state, and (B) any person who imports a mattress into the United States that is sold or offered for sale in this state and that is manufactured or renovated by a person who does not have a presence in the United States;

(16) “Recycling” means any process in which discarded mattresses, components and by-products may lose their original identity or form as they are transformed into new, usable or marketable materials. “Recycling” does not include the use of incineration for energy recovery;

(17) “Renovate” or “renovation” means altering a mattress for the purpose of resale including any one, or a combination of, the following: Replacing the ticking or filling, adding additional filling, or replacing components with new or recycled materials. “Renovate” or “renovation” does not include (A) the stripping of a mattress of its ticking or filling without adding new material, (B) the sanitization or sterilization of a mattress without otherwise altering the mattress, or (C) the altering of a mattress by a renovator when a person retains the altered mattress for personal use, in accordance with regulations of the Department of Consumer Protection;

(18) “Renovator” means any person who renovates discarded mattresses for the purpose of reselling such mattresses to consumers;

(19) “Retailer” means any person who sells mattresses in this state or offers mattresses in this state to a consumer;

(20) “Sanitization” means the direct application of chemicals to a mattress to kill human disease-causing pathogens;

(21) “Sale” means the transfer of title of a mattress for consideration, including, but not limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means;

(22) “Sterilization” means the mitigation of any deleterious substances or organisms, including human disease-causing pathogens, fungi and insects from a mattress or filling material using a process approved by the Commissioner of Consumer Protection;

(23) “Ticking” means the outermost layer of fabric or material of a mattress. “Ticking” does not include any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress; and

(24) “Upholstery material” means all material, loose or attached, between the ticking and the core of a mattress.

(P.A. 13-42, S. 1; P.A. 14-170, S. 1.)

History: P.A. 14-170 amended Subdiv. (8) to redefine “mattress”, effective June 11, 2014.

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Sec. 22a-905a. Mattress stewardship program: Mattress recycling council. Plan. Requirements. Changes. Fee. Report. Audit. (a) On or before July 1, 2014, each producer, or such producer's designee, shall join the mattress recycling council and by said date such council shall submit a plan, for the Commissioner of Energy and Environmental Protection's approval, to establish a state-wide mattress stewardship program, as described in this subsection. Retailers may participate in said council. Such mattress stewardship program shall, to the extent it is technologically feasible and economically practical: (1) Minimize public sector involvement in the management of discarded mattresses; (2) provide for free, convenient and accessible state-wide opportunities for the receipt of discarded mattresses from any person in the state with a discarded mattress that was discarded in the state, including, but not limited to, participating covered entities that accumulate and segregate a minimum of fifty discarded mattresses for collection at one time and municipal transfer stations that discard a minimum of thirty mattresses at one time; (3) provide for free collection of discarded mattresses from municipal transfer stations that accumulate and segregate fewer than thirty mattresses, provided the transfer stations require such collection due to space or permit requirements; (4) provide for council-financed end-of-life management for discarded mattresses collected pursuant to subdivisions (2) and (3) of this subsection; (5) provide suitable storage containers at, or make other mutually agreeable storage and transport arrangements for, permitted municipal transfer stations for segregated, discarded mattresses, at no cost to such municipality, provided such municipal transfer station makes space available for such purpose and imposes no fee for placement of such storage container on the municipal transfer station's premises; (6) include a mattress stewardship fee that is sufficient to cover the costs of operating and administering the program; and (7) establish a financial incentive that provides for the payment of a monetary sum, established by the council, to any consumer who recycles a mattress in accordance with the requirements of the mattress stewardship program.

(b) The plan submitted pursuant to subsection (a) of this section shall: (1) Identify each producer participating in the program; (2) describe the fee structure for the program; (3) establish performance goals for the first two years of the program; (4) identify proposed facilities to be used by the program; (5) detail how the program will promote the recycling of discarded mattresses; and (6) include a description of the public education program.

(c) The council shall establish and implement a fee structure that covers, but does not exceed, the costs of developing the plan described in subsection (b) of this section, operating and administering the program described in subsection (a) of this section and maintaining a financial reserve sufficient to operate the program over a multiyear period of time in a fiscally prudent and responsible manner. The council shall maintain all records relating to the program for a period of not less than three years.

(d) Pursuant to the program, recycling shall be preferred over any other disposal method for mattresses, to the extent that recycling is technologically feasible and economically practical.

(e) The Commissioner of Energy and Environmental Protection shall approve the plan for the establishment of the mattress stewardship program, provided such plan meets the requirements of subsections (a) to (d), inclusive, of this section. Not later than ninety days after submission of the plan pursuant to this section, the commissioner shall make a determination whether to approve the plan. Prior to making such determination, the commissioner shall post the plan on the department's Internet web site and solicit public comments on the plan. Such solicitation shall not be conducted pursuant to chapter 54. In the event that the commissioner disapproves the plan because it does not meet the requirements of subsections (a) to (d), inclusive, of this section, the commissioner shall describe the reasons for the disapproval in a notice of determination that the commissioner shall provide to the council. The council shall revise and resubmit the plan to the commissioner not later than forty-five days after receipt of notice of the commissioner's disapproval notice. Not later than forty-five days after receipt of the revised plan, the commissioner shall review and approve or disapprove the revised plan, and provide a notice of determination to the council. The council may resubmit a revised plan to the commissioner for approval on not more than two occasions. If the council fails to submit a plan that is acceptable to the commissioner because it does not meet the requirements of subsections (a) to (d), inclusive, of this section, the commissioner shall modify a submitted plan to make it conform to the requirements of subsections (a) to (d), inclusive, of this section, and approve it. Not later than one hundred twenty days after the approval of a plan pursuant to this section, or one hundred eighty days, in the case of a plan modified by the commissioner, the council shall implement the mattress stewardship program.

(f) (1) The council shall submit any proposed substantial change to the program to the Commissioner of Energy and Environmental Protection for approval. For the purposes of this subdivision, “substantial change” means: (A) A change in the processing facilities to be used for discarded mattresses collected pursuant to the program, or (B) a material change to the system for collecting mattresses. If the commissioner does not disapprove a proposed substantial change within ninety days of receipt of notification of such proposed substantial change, such proposed substantial change shall be deemed approved.

(2) Not later than October 1, 2016, the council shall submit updated performance goals to the commissioner that are based on the experience of the program during the first two years of the program.

(g) The council shall notify the Commissioner of Energy and Environmental Protection of other material changes to the program on an ongoing basis, without resubmission of the plan to the commissioner for approval. Such changes shall include, but not be limited to, a change in the composition, officers or contact information of the council.

(h) On or before July 1, 2014, and every two years thereafter, the council shall propose a mattress stewardship fee for all mattresses sold in this state except crib and bassinette mattresses. The council may propose a change to the mattress stewardship fee more frequently than once every two years if the council determines such change is needed to avoid funding shortfalls or excesses for the mattress stewardship program. Any proposed mattress stewardship fee shall be reviewed by an auditor to assure that such assessment does not exceed the cost to fund the mattress stewardship program described in subsection (a) of this section and to maintain financial reserves sufficient to operate said program over a multiyear period in a fiscally prudent and responsible manner. Not later than sixty days after the council proposes a mattress stewardship fee, the auditor shall render an opinion to the Commissioner of Energy and Environmental Protection as to whether the proposed mattress stewardship fee is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety days after the auditor notifies the commissioner that the fee is reasonable. If the auditor concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council with written notice explaining the auditor's opinion. Not later than fourteen days after the council's receipt of the auditor's opinion, the council may either propose a new mattress stewardship fee or provide written comments on the auditor's opinion. If the auditor concludes that the fee is not reasonable, the Commissioner of Energy and Environmental Protection shall decide, based on the auditor's opinion and any comments provided by the council, whether to approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The cost of any work performed by such auditor pursuant to the provisions of this subsection and subsection (k) of this section shall be funded by the mattress stewardship fee described in this subsection.

(i) On and after the implementation of the mattress stewardship program, each retailer shall add the amount of the mattress stewardship fee, established in accordance with subsection (h) of this section, to the purchase price of all mattresses sold in this state. In each transaction described above, the fee shall appear on the invoice and shall be accompanied by a brief description of the fee. The council may, subject to the commissioner's approval, establish an alternative, practicable means of collecting or remitting such fee. Any producer who fails to participate in such program shall not sell mattresses in this state.

(j) Not later than October fifteenth of each year, the council shall submit an annual report to the Commissioner of Energy and Environmental Protection, on a form prescribed by the commissioner. The commissioner shall post such annual report on the department's Internet web site. Such report shall include: (1) The tonnage of mattresses collected pursuant to the program from: (A) Municipal transfer stations, (B) retailers, and (C) all other covered entities; (2) the tonnage of mattresses diverted for recycling; (3) the weight of mattress materials recycled, as indicated by the weight of each of the commodities sold to secondary markets; (4) the weight of mattress materials sent for disposal at each of the following: (A) Waste-to-energy facilities, (B) landfills, and (C) any other facilities; (5) a summary of the public education that supports the program; (6) an evaluation of the effectiveness of methods and processes used to achieve performance goals of the program; and (7) recommendations for any changes to the program.

(k) Two years after the implementation of the program and every three years thereafter, or upon the request of the Commissioner of Energy and Environmental Protection but not more frequently than once a year, the council shall cause an audit of the program to be conducted by an auditor as described in subsection (h) of this section. Such audit shall review the accuracy of the council's data concerning the program and provide any other information requested by the commissioner, consistent with the requirements of this section, provided such request does not require the disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for by the council. The council shall maintain all records relating to the program for not less than three years.

(P.A. 13-42, S. 2; P.A. 14-170, S. 2.)

History: P.A. 14-170 amended Subsec. (h) by adding provision re mattress stewardship fee going into effect not less than 90 days after auditor informs commissioner that fee is reasonable, and amended Subsec. (i) by replacing provision re mattress stewardship fee to be added to cost of all mattresses sold to retailers and distributors with provision re mattress stewardship fee to be added to purchase price of mattresses sold by each retailer, effective June 11, 2014.

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Sec. 22a-905b. Mattress stewardship program: Charging of fee and acceptance restriction by covered entity. Upon implementation of the mattress stewardship program described in section 22a-905a, any covered entity that participates in such program shall not charge for the receipt of discarded mattresses that are discarded in this state provided covered entities may charge a fee for providing the service of collecting mattresses and may restrict the acceptance of mattresses by number, source or physical condition.

(P.A. 13-42, S. 3.)

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Sec. 22a-905c. Mattress stewardship program: Report re evaluation and goals. Not later than three years after the approval of the mattress stewardship plan pursuant to section 22a-905a, the Commissioner of Energy and Environmental Protection shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such report shall provide an evaluation of the mattress stewardship program, establish a goal for the amount of discarded mattresses managed under the program and a separate goal for the recycling of such mattresses, taking into consideration technical and economic feasibilities.

(P.A. 13-42, S. 4.)

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Sec. 22a-905d. Mattress stewardship program: Producer and council immunity from antitrust and unfair trade practice liability. Each producer and the council shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to the extent such producer or council is exercising authority pursuant to the provisions of sections 22a-905 to 22a-905f, inclusive.

(P.A. 13-42, S. 5.)

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Sec. 22a-905e. Mattress stewardship program: Civil enforcement. Attorney General action. (a) The Commissioner of Energy and Environmental Protection may seek civil enforcement of the provisions of sections 22a-905a and 22a-905b pursuant to chapter 439.

(b) Whenever, in the judgment of the commissioner, any person has engaged in or is about to engage in any act, practice or omission that constitutes, or will constitute, a violation of any provision of section 22a-905a or 22a-905b, the Attorney General may, at the request of the commissioner, bring an action in the superior court for the judicial district of New Britain for an order enjoining such act, practice or omission. Such order may require remedial measures and direct compliance with the provisions of section 22a-905a or 22a-905b. Upon a showing by the commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate.

(c) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial, as provided in section 52-191.

(P.A. 13-42, S. 6.)

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Sec. 22a-905f. Mattress stewardship program: Council collaboration with other states. In the event that another state implements a mattress recycling program, the council may collaborate with such state to conserve efforts and resources used in carrying out the mattress stewardship program, provided such collaboration is consistent with the requirements of sections 22a-905 to 22a-905e, inclusive.

(P.A. 13-42, S. 7.)

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Sec. 22a-905g. Product stewardship organization certified audited financial statements and contracts. Submission of information. Deadline. Any product stewardship organization that operates in this state shall submit to the Department of Energy and Environmental Protection certified audited financial statements and the names of any contractors and organizations with which such product stewardship organization has a contract with a value of two thousand dollars or more. Such submission shall be made not later than May first of each year. The department shall post and maintain such postings on the department's Internet web site.

(P.A. 16-122, S. 3.)

History: P.A. 16-122 effective June 9, 2016.

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(1) “Brand” means any name, symbol, word or mark that attributes a gas cylinder to the producer of such gas cylinder;

(2) “Commissioner” means the Commissioner of Energy and Environmental Protection;

(3) “Eligible entity” means any political subdivision of the state, transfer station, material recovery facility, drop off or event, disposal facility, state park or private campground, or other approved entity in the state that is part of an approved gas cylinder stewardship plan;

(4) “Department” means the Department of Energy and Environmental Protection;

(5) “Discarded gas cylinder” means any gas cylinder supplied to a consumer in the state for personal, family or household use that is discarded at an eligible entity;

(6) “Gas cylinder” or “cylinder” means any nonrefillable or refillable cylinder supplied to a consumer for personal, family or household use with flammable pressurized gas, helium or carbon dioxide, of any size greater than a water capacity of one-half pounds but not exceeding any cylinder with a water capacity of fifty pounds, including, but not limited to, seamless cylinders and tubes, welded cylinders and insulated cylinders intended to contain helium, carbon dioxide or flammable materials such as propane, butane or other flammable compressed gases. “Gas cylinder” does not include any cylinder, tube or container intended to deliver a product that is not a compressed gas, any medical or industrial-grade cylinder or any cylinder that is used by any medical facility or commercial enterprise or that contains oxygen, refrigerants, acetylene, hydrogen, ethylene or foam adhesives;

(7) “Gas cylinder stewardship organization” means any organization that is established by and represents producers of gas cylinders and that designs, submits and implements a gas cylinder stewardship plan on behalf of the producers it represents;

(8) “Gas cylinder stewardship program” or “program” means the program implemented pursuant to an approved gas cylinder stewardship plan;

(9) “Performance goal” means a metric proposed by the entity submitting a gas cylinder stewardship plan to measure, on an annual basis, the performance of the gas cylinder stewardship program, taking into consideration technical and economic feasibilities, in achieving continuous, meaningful improvement in the rate of gas cylinder recycling in the state and any other specified goal of the program;

(10) “Producer” means: (A) Any person who supplies a gas cylinder in the state under the brand of the manufacturer; (B) if there is no person described in subparagraph (A) of this subdivision, any person who is not the manufacturer of the cylinder but who is the owner or licensee of a trademark under which the cylinder is supplied in the state, whether or not the trademark is registered; (C) if there is no person described in subparagraph (B) of this subdivision, any person who imports any cylinder into the state for supply to a consumer; (D) if there is no person described in subparagraph (C) of this subdivision, the retailer who supplies the cylinder to a consumer; or (E) if there is no person described in subparagraph (D) of this subdivision, any person who facilitates the supply of a cylinder by: (i) Owning or operating an online marketplace or forum in which the cylinder is listed or advertised for sale, (ii) transmitting or otherwise communicating the offer to sell a cylinder, or (iii) providing for the physical distribution of a cylinder to the consumer, such as by the storage, preparation or shipping of products;

(11) “Recycling” means any process in which discarded cylinders, components and by-products may lose their original identity or form as they are transformed into new, usable or marketable materials. “Recycling” does not include the use of incineration for energy recovery;

(12) “Refurbish” means to restore for the purposes of refilling a cylinder;

(13) “Retailer” means any person who supplies, sells or offers for sale gas cylinders in this state to a consumer for personal, family or household use; and

(14) “Supply” means to sell, lease or donate, with the transfer of possession or title, or to otherwise make available or distribute, including, but not limited to, through the use of a sales outlet, catalog, Internet web site or similar electronic means, to a consumer in the state for personal, family or household use.

(b) On or before January 1, 2023, each producer or such producer's designee, including, but not limited to, a gas cylinder stewardship organization, shall notify the Commissioner of Energy and Environmental Protection, in writing, that the producer will act individually or jointly with other producers to submit a stewardship plan to the commissioner for the establishment of a state-wide gas cylinder stewardship program. Any person that is not a resident in the state but that is a brand holder of a brand that is used in connection with gas cylinders may volunteer to submit a gas cylinder stewardship plan to the commissioner individually or may join a gas cylinder stewardship organization if such person enters a written agreement with one or more producers described in subparagraph (A), (B) or (C) of subdivision (10) of subsection (a) of this section for the purpose of carrying out a producer's responsibilities relating to gas cylinders under such plan. Any such stewardship plan shall be submitted to the commissioner not later than July 1, 2023.

(c) Any gas cylinder stewardship program shall, to the extent it is technologically feasible and economically practical: (1) Minimize public sector involvement in the management of discarded gas cylinders; (2) provide for free, convenient and accessible state-wide opportunities for the receipt of gas cylinders used by consumers for personal, family or household use at eligible entities; (3) provide for pick-up of discarded gas cylinders from eligible entities; and (4) provide for the transport and management of discarded gas cylinders picked-up from eligible entities in accordance with agreements between producers and eligible entities which shall be consistent with any provision of the law.

(d) Any plan submitted pursuant to subsection (b) of this section shall: (1) Provide for refilling or recycling cylinders and capturing residual gases for reuse; (2) establish performance goals for the first two years of the gas cylinder stewardship program; (3) identify eligible entities to be used pursuant to the program; (4) detail how the program will promote the collection of discarded gas cylinders supplied to consumers for personal, family or household use; (5) include a description of the public education program that will be used to promote consumer knowledge of the program; and (6) identify producers participating in the program.

(e) The Commissioner of Energy and Environmental Protection shall approve a plan for the establishment of a gas cylinder stewardship program, provided such plan meets the requirements of this section. Not later than ninety days after submission of the plan, the commissioner shall make a determination on whether to approve the plan. Prior to making such determination, the commissioner shall post the plan on the department's Internet web site and solicit public comments on the plan. Such solicitation shall not be conducted pursuant to chapter 54. In the event that the commissioner disapproves the plan because it does not meet the requirements of this section, the commissioner shall describe the reasons for the disapproval in a notice of determination that the commissioner shall provide to the producer or producer's designee that submitted the gas cylinder stewardship plan. Such producer or producer's designee shall revise and resubmit the plan to the commissioner not later than forty-five days after receipt of the commissioner's notice of disapproval. Not later than forty-five days after receipt of the revised plan, the commissioner shall review and approve or disapprove the revised plan, and provide a notice of determination to the producer or producer's designee that submitted the revised gas cylinder plan. Such producer or producer's designee may resubmit a revised plan to the commissioner for approval on not more than two occasions. If the producer or producer's designee fails to submit a plan that is acceptable to the commissioner because it does not meet the requirements of this section, the commissioner shall modify a submitted plan to make it conform to the requirements of this section and approve it. Not later than October 1, 2024, each producer shall be part of an approved gas cylinder stewardship program. Each gas cylinder stewardship program shall be implemented not later than October 1, 2025.

(f) Not later than thirty months after the date on which an approved gas cylinder stewardship program is implemented, the producer or producer's designee that submitted the applicable approved gas cylinder stewardship plan shall submit updated performance goals to the commissioner that are based on the experience of the program during the first two years of the program.

(g) Each producer or producer's designee with an approved gas cylinder stewardship plan shall submit any proposed substantial change to the program to the Commissioner of Energy and Environmental Protection for approval. For the purposes of this section, “substantial change” means a material change to the system for collecting gas cylinders. If the commissioner does not disapprove a proposed substantial change not later than ninety days after receipt of notification of such proposed substantial change, such proposed substantial change shall be deemed approved.

(h) Each entity with an approved gas cylinder stewardship plan shall notify the Commissioner of Energy and Environmental Protection of other material changes to the program on an ongoing basis, without resubmission of the plan to the commissioner for approval. Such changes shall include, but not be limited to, a change in contact information of the producer or producer's designee and, if the designee is a gas cylinder stewardship organization, the identity of such organization's board of directors and officers.

(i) Each producer or producer's designee with an approved gas cylinder stewardship plan shall maintain all records relating to the applicable gas cylinder stewardship program for a period of not less than five years.

(j) Not later than October fifteenth of each year, each producer or producer's designee with an approved gas cylinder stewardship plan shall submit an annual report to the Commissioner of Energy and Environmental Protection, in a format prescribed by the commissioner. The commissioner shall post such annual report on the department's Internet web site. Such report shall include: (1) The producers participating in the plan for the previous calendar year; (2) the number of eligible entities, by type from which cylinders were picked up in the previous calendar year; (3) the number and tonnage of nonrefillable gas cylinders and the number of refillable gas cylinders picked up from each type of eligible entity during the previous calendar year; (4) the tonnage of nonrefillable gas cylinders recycled and the number of refillable gas cylinders refilled and recycled during the previous calendar year; (5) a summary of the public education program that supports the program; (6) an evaluation of the effectiveness of methods and processes used to achieve performance goals of the program; and (7) recommendations for any changes to the program.

(k) Two years after the implementation of a gas cylinder stewardship program and every three years thereafter, or upon the request of the Commissioner of Energy and Environmental Protection but not more frequently than annually, each producer or producer's designee with an approved gas cylinder stewardship plan shall cause an audit of the information submitted pursuant to subdivisions (2) to (4), inclusive, of subsection (j) of this section by an auditor selected by the commissioner. Such audit shall review the accuracy of the producer or producer's designee's submitted information concerning the program and provide any other information requested by the commissioner that is consistent with the requirements of this section, provided such request shall not require the disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for by the producer or producer's designee with the approved gas cylinder stewardship plan.

(l) Upon implementation of an approved gas cylinder stewardship plan, any eligible entity that participates in such plan shall not charge for the receipt of discarded gas cylinders used by consumers for personal, family or household use.

(m) Not later than three years after the approval of a gas cylinder stewardship plan, the Commissioner of Energy and Environmental Protection shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such report shall provide an evaluation of the applicable gas cylinder stewardship program and establish a goal for the amount of discarded cylinders to be picked up under each program and a separate goal for the recycling of gas cylinders, taking into consideration technical and economic feasibilities. Such report shall also include an evaluation of the Department of Energy and Environmental Protection's administrative fees for such program.

(n) Each producer or producer's designee, including any gas cylinder stewardship organization, shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to the extent such producer, producer's designee or gas cylinder stewardship organization exercises authority pursuant to the provisions of this section.

(o) The Commissioner of Energy and Environmental Protection may seek civil enforcement of the provisions of this section pursuant to chapter 439.

(p) Whenever, in the judgment of the Commissioner of Energy and Environmental Protection, any person has engaged in or is about to engage in any act, practice or omission that constitutes, or will constitute, a violation of any provision of this section, the Attorney General may, at the request of the commissioner, bring an action in the superior court for the judicial district of New Britain for an order enjoining such act, practice or omission. Such order may require remedial measures and direct compliance with the provisions of this section. Upon a showing by the commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate. Upon a finding that any producer violated the provisions of this section, the court may impose a civil penalty of not more than twenty-five thousand dollars for each such offense. Each such violation shall be a separate and distinct offense.

(q) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial, as provided in section 52-191.

(r) In the event that another state implements a gas cylinder recycling program, a producer or producer's designee with an approved gas cylinder stewardship plan may collaborate with such state to conserve efforts and resources used in carrying out the applicable gas cylinder stewardship program, provided such collaboration is consistent with the requirements of this section.

(s) The Commissioner of Energy and Environmental Protection may assess a reasonable fee to each producer or producer's designee with an approved gas cylinder stewardship plan for administration of the applicable gas cylinder stewardship program. The Commissioner of Energy and Environmental Protection shall determine the share to be paid by each producer or producer's designee based on the share of the gas cylinder market represented by the producer or producer's designee. The total annual fees assessed on each producer with an approved gas cylinder stewardship plan shall not exceed a rate of two thousand dollars. The Commissioner of Energy and Environmental Protection shall annually publish documentation on the department's use of such fees.

(t) Any producer who fails to participate in an approved gas cylinder stewardship plan shall not supply, sell or offer for sale gas cylinders in this state.

(u) Notwithstanding any provision of this section, upon identification of any producer who is not participating in an approved gas cylinder stewardship program, the Commissioner of Energy and Environmental Protection shall issue a notice of noncompliance to such producer. Not later than January first of each year following implementation of such program, the Commissioner of Energy and Environmental Protection shall issue a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on steps taken by the commissioner to address noncompliance with the provisions of this section and shall include in such report a list of compliant producers that is based on information provided by any such gas cylinder stewardship organization. The Commissioner of Energy and Environmental Protection shall publish such list of the names of producers that are compliant with the provisions of this section on the Department of Energy and Environmental Protection's Internet web site.

(v) (1) Any gas cylinder stewardship organization that implements an approved gas cylinder stewardship plan in accordance with the requirements of this section may bring a civil action against a producer for damages when: (A) Such stewardship organization incurs more than five hundred dollars in actual costs associated with administrative overhead, education, collection, handling, recycling and the approved disposal of the defendant producer's gas cylinders that are supplied, sold or offered for sale in this state; and (B) the defendant producer or the gas cylinder stewardship organization to which such noncompliant producer belongs is not in compliance with the provisions of this section.

(2) Any gas cylinder stewardship organization may file a civil action pursuant to subdivision (1) of this subsection regardless of whether such organization notified the Commissioner of Energy and Environmental Protection concerning such noncompliant producer or gas cylinder stewardship organization.

(3) For the purposes of this subsection, “damages” means: (A) The actual costs a plaintiff gas cylinder stewardship organization incurs in administrative overhead, education, collection, handling, recycling or the approved disposal of gas cylinders that are reasonably identified as originating from another gas cylinder producer or gas cylinder stewardship organization; and (B) the costs and reasonable attorney's fees associated with bringing a civil action pursuant to subdivision (1) of this subsection.

(P.A. 22-27, S. 1; P.A. 24-133, S. 1–3.)

History: P.A. 22-27 effective July 1, 2022; P.A. 24-133 added Subsec. (e) to add requirement that producers join approved stewardship program by October 1, 2024, amended Subsec. (p) to add provision authorizing civil penalty of not more than $25,000 for each offense and Subsec. (u) to change the list requirement from list of noncompliant producers to list of compliant producers based on information from stewardship organization, and added Subsec. (v) re authorization for civil suit by stewardship organization against producer for damages, effective June 5, 2024.

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(1) “Brand” means a name, symbol, word or mark that attributes a tire to the producer of such tire;

(2) “Commissioner” means the Commissioner of Energy and Environmental Protection;

(3) “Covered entity” means any permitted transfer station, tire retailer, car dealership, automotive garage, private or public sector fleet maintenance garage or other location identified in the approved stewardship plan;

(4) “Discarded tire” means any whole tire or whole tire on a rim that a consumer discarded or abandoned, or intends to discard or abandon;

(5) “Tire” means a product composed primarily of rubber that is mounted on the wheels of any type of passenger or commercial on-road or off-road motorized vehicle, including passenger vehicles, motorcycles, trucks, buses, mobile homes, trailers, noncommercial aircraft and earthmoving, road building, mining, logging, agricultural, industrial and other vehicles and that provides mobility. “Tire” does not include any tire from any toy, bicycle, commercial aircraft or personal mobility device;

(6) “Tire stewardship organization” means an organization created or selected by a producer or producers that designs, submits and implements a tire stewardship plan;

(7) “Tire stewardship program” or “program” means the state-wide program described in this section and implemented pursuant to an approved tire stewardship plan;

(8) “Performance goals” means annual outcomes proposed by the tire stewardship organization in the tire stewardship plan that measure the performance of the program including tire collection and diversion rates, economic and environmental benefits, beneficial recycling usages and targets, public education and participation and any other specified goal of such program;

(9) “Producer” means, with respect to new tires marketed to consumers in the state separately from any vehicle or equipment: (A) If the brand holder of the tire is a resident of the United States, the tire manufacturer; (B) if there is no person described in subparagraph (A) of this subdivision, any person who is not the manufacturer of the tire but who is the owner or licensee of a trademark under which the tire is supplied in this state, whether or not the trademark is registered; (C) if there is no person described in subparagraph (B) of this subdivision, any person who imports any tire into the state for supply to a consumer; or (D) if there is no person described in subparagraph (C) of this subdivision, the retailer who supplies the tire to a consumer;

(10) “Recycling” means any process in which discarded tire components and by-products may lose their original identity or form as they are transformed into new, usable or marketable materials. “Recycling” may include the use of tires or processed materials that are incinerated or used as a fuel or fuel supplement, provided such incineration does not occur in this state;

(11) “Retailer” means any person who supplies a tire to a consumer, including any person who supplies a tire through vehicle service or who supplies a tire through an Internet transaction to be delivered to a consumer in this state; and

(12) “Supply” means the transfer of title of a tire for consideration, including, but not limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means.

(b) On or before January 1, 2025, each producer, or such producer's designee, shall join a tire stewardship organization and such organization shall submit a plan, for the Commissioner of Energy and Environmental Protection's approval, to establish a state-wide tire stewardship program, as described in this subsection. Any retailer may participate in any such tire stewardship organization. Such tire stewardship program shall, to the extent it is technologically feasible and economically practical: (1) Establish and manage a state-wide collection system utilizing covered entities; (2) provide access to the collection system to the public, free of charge, for the drop-off of discarded tires; (3) ensure discarded tires are picked up from the collection system and transported for recycling; (4) ensure all discarded tires collected in the collection system are resold or recycled; (5) provide suitable storage containers for tires, as required, throughout the collection system; (6) implement public promotion and education about the program; (7) assist in market development, as needed, to achieve performance goals; (8) finance all program activities solely through producer funding; and (9) ensure that all collectors and processors are qualified to perform their respective functions pursuant to such program and are in substantial compliance with the laws and regulations of any state in which such collector or processor operates, including, but not limited to, any financial assurance and closure plan requirements.

(c) Any plan submitted pursuant to subsection (b) of this section shall: (1) Identify each producer participating in the program; (2) describe how the program will be financed; (3) establish performance goals for the first two years of the program; (4) describe the industry transition timeline that is required to achieve such performance goals and how the plan will, to the greatest extent economically feasible, utilize existing service providers and infrastructure in the state; (5) identify proposed facilities to be used by the program in the collection system and discarded tire transportation and recycling activities; (6) detail how the program follows the solid waste hierarchy, as defined in the state-wide solid waste management plan established pursuant to section 22a-228, and will promote the recycling of discarded tires to higher value products and sustainability; and (7) include a description of the public education program that will be used to promote consumer knowledge of such program.

(d) Each stewardship organization shall establish and implement a system for financing the tire stewardship program that covers the costs of developing the plan described in subsection (c) of this section, operating and administering the program described in subsection (b) of this section and maintaining a financial reserve for six months sufficient to operate such program. Each stewardship organization shall maintain all records relating to the tire stewardship program for a period of not less than three years. Funding of such program may be through a fee structure.

(e) The Commissioner of Energy and Environmental Protection shall approve a plan for the establishment of a tire stewardship program, provided such plan meets the requirements of subsections (b) to (d), inclusive, of this section. Prior to making any such determination, the commissioner shall post the plan on the Department of Energy and Environmental Protection's Internet web site and solicit public comments on the plan. Such solicitation shall not be conducted pursuant to chapter 54. Not later than ninety days after submission of the plan pursuant to this section, the commissioner shall make a determination whether to approve the plan. In the event that the commissioner disapproves the plan because it does not meet the requirements of subsections (b) to (d), inclusive, of this section, the commissioner shall describe the reasons for the disapproval in a notice of determination that the commissioner shall provide to the tire stewardship organization. Such tire stewardship organization shall revise and resubmit the plan to the commissioner not later than forty-five days after receipt of the commissioner's notice of disapproval. Not later than forty-five days after receipt of the revised plan, the commissioner shall review and approve or disapprove the revised plan and provide a notice of determination to the tire stewardship organization. Such stewardship organization may resubmit a revised plan to the commissioner for approval on not more than two occasions. If the tire stewardship organization fails to submit a plan that is acceptable to the commissioner because it does not meet the requirements of subsections (b) to (d), inclusive, of this section, the commissioner shall either approve the submitted plan with conditions or modify the submitted plan to make it conform to the requirements of subsections (b) to (d), inclusive, of this section and approve it. In the event that the commissioner approves the submitted plan with conditions, the commissioner shall identify the conditions in a notice of determination that the commissioner shall provide to the tire stewardship organization. The tire stewardship organization shall comply with such conditions not later than forty-five days after receipt of the commissioner's notice of determination, unless the commissioner determines that additional time is needed. Not later than one hundred eighty days after the approval of a plan pursuant to this section, the tire stewardship organization shall implement the tire stewardship program.

(f) (1) Any tire stewardship organization shall submit any proposed substantial change to the tire stewardship program to the Commissioner of Energy and Environmental Protection for approval. For the purposes of this subdivision, “substantial change” means: (A) A change in the processing facilities to be used for discarded tires collected pursuant to the tire stewardship program, or (B) a material change to the system for collecting tires.

(2) Two years after implementation of such tire stewardship program, the tire stewardship organization shall submit updated performance goals to the commissioner that are based on the experience of the program during the first two years of the program.

(g) Each tire stewardship organization shall notify the Commissioner of Energy and Environmental Protection of other material changes to the program on an ongoing basis, without resubmission of the plan to the commissioner for approval. Such changes shall include, but not be limited to, any change in the composition, officers or contact information of the tire stewardship organization.

(h) Not later than October fifteenth of each year, each tire stewardship organization shall submit an annual report to the Commissioner of Energy and Environmental Protection on a form prescribed by the commissioner. The commissioner shall post such annual report on the Department of Energy and Environmental Protection's Internet web site. Such report shall include: (1) The tonnage of tires collected pursuant to the program from: (A) Municipal transfer stations, (B) retailers, and (C) all other covered entities; (2) the tonnage of tires diverted for recycling; (3) a summary of the public education program that supports the program; (4) an evaluation of the effectiveness of methods and processes used to achieve performance goals of the program; and (5) recommendations for any changes to the program.

(i) Two years after the implementation of a tire stewardship program and every three years thereafter, or upon the request of the Commissioner of Energy and Environmental Protection, but not more frequently than once a year, each tire stewardship organization shall cause an audit of the tire stewardship program to be conducted by an auditor selected by the commissioner. Such audit shall review the accuracy of the tire stewardship organization's data concerning the program and provide any other information requested by the commissioner, consistent with the requirements of this section, provided such request does not require the disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for by the tire stewardship organization. Each tire stewardship organization shall maintain all records relating to the program for not less than three years.

(j) Upon implementation of the tire stewardship program described in this section, any covered entity that participates in such program shall not charge for the receipt of discarded tires that are discarded in this state, provided any such covered entity may reasonably restrict the acceptance of tires by number, source or condition.

(k) Not later than three years after the approval of any tire stewardship plan pursuant to this section, the Commissioner of Energy and Environmental Protection shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such report shall provide an evaluation of the applicable tire stewardship program and establish a goal for the amount of discarded tires managed under such tire stewardship program and a separate goal for the diversion of tires for recycling, taking into consideration technical and economic feasibilities.

(l) Any producer and tire stewardship organization shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to the extent such producer or tire stewardship organization is exercising authority pursuant to the provisions of this section.

(m) The Commissioner of Energy and Environmental Protection may seek civil enforcement of the provisions of this section pursuant to chapter 439.

(n) Whenever, in the judgment of the Commissioner of Energy and Environmental Protection, any person has engaged in, or is about to engage in, any act, practice or omission that constitutes, or will constitute, a violation of any provision of this section, the Attorney General may, at the request of the commissioner, bring an action in the superior court for the judicial district of New Britain for an order enjoining such act, practice or omission. Such order may require remedial measures and direct compliance with the provisions of this section. Upon a showing by the commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate.

(o) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial, as provided in section 52-191.

(p) In the event that another state implements a tire stewardship or recycling program, any tire stewardship organization may collaborate with such other state to conserve efforts and resources used in carrying out the tire stewardship program, provided such collaboration is consistent with the requirements of this section.

(q) The Commissioner of Energy and Environmental Protection may assess a reasonable fee to any tire stewardship organization, not to exceed five per cent of total program costs, for administration of the applicable tire stewardship program.

(r) Any producer who fails to participate in a tire stewardship program authorized pursuant to this section shall not supply tires in this state.

(P.A. 23-62, S. 1; P.A. 24-124, S. 1–3.)

History: P.A. 24-124 amended Subsec. (b) to add Subdiv. (9) re requirement for all collectors and processors to be qualified to perform functions and to be in compliance with law, Subsec. (d) to delete reference to not exceeding costs of developing the plan, Subsec. (e) to add authority to approve submitted plan with conditions, added reference to notice of determination concerning such conditions and timeframe for compliance with such conditions by tire stewardship organization, and replaced 120 days with 180 days, and Subsec. (q) to change reference from 10 per cent to 5 per cent, effective June 6, 2024.

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