Bill Summary – FastDemocracy

General Assembly                     Raised Bill No. 352
      February Session, 2022               LCO No. 2024
     Referred to Committee on COMMERCE
     Introduced by:
       (CE)
 AN ACT AUTHORIZING CERTAIN ADVANCED RECYCLING
 INDUSTRY FACILITIES.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 22a-207 of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective October 1, 2022):
       For the purposes of this chapter and chapter 103b:
      (1) "Commissioner" means the Commissioner of Energy and
    Environmental Protection or his authorized agent;
      (2) "Department" means         the   Department       of   Energy   and
    Environmental Protection;
      (3) "Solid waste" means unwanted or discarded solid, liquid,
   semisolid or contained gaseous material, including, but not limited to,
   demolition debris, material burned or otherwise processed at a
   resources recovery facility or incinerator, material processed at a
   recycling facility and sludges or other residue from a water pollution
   abatement facility, water supply treatment plant or air pollution control
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 facility. "Solid waste" does not mean post-use polymers and recovered
 feedstocks converted at an advanced recycling facility or held at an
 advanced recycling facility prior to conversion;
    (4) "Solid waste facility" means any solid waste disposal area, volume
 reduction plant, transfer station, wood-burning facility or biomedical
 waste treatment facility;
   (5) "Volume reduction plant" means any location or structure,
 whether located on land or water, where more than two thousand
 pounds per hour of solid waste generated elsewhere may be reduced in
 volume, including, but not limited to, resources recovery facilities,
 waste conversion facilities and other incinerators, recycling facilities,
 pulverizers, compactors, shredders, balers and composting facilities;
    (6) "Solid waste disposal area" means any location, including a
 landfill or other land disposal site, used for the disposal of more than
 ten cubic yards of solid waste. For purposes of this subdivision,
 "disposal" means the placement of material at a location with the intent
 to leave it at such location indefinitely, or to fail to remove material from
 a location within forty-five days, but does not mean the placement of
 material required to be recycled under section 22a-241b in a location on
 the premises of a recycling facility, provided such facility is in
 compliance with all requirements of state or federal law and any permits
 required thereunder;
   (7) "Recycling" means the processing of solid waste to reclaim
 material therefrom;
    (8) "Recycling facility" or "recycling center" means land and
 appurtenances thereon and structures where recycling is conducted,
 including but not limited to, an intermediate processing center as
 defined in section 22a-260;
   (9) "Resources recovery facility" means a facility that combusts
 municipal solid waste to generate electricity;
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   (10) "Waste conversion facility" means a facility that uses thermal,
 chemical or biological processes to convert solid waste, including, but
 not limited to, municipal solid waste, into electricity, fuel, gas, chemical
 or other products and that is not a facility that combusts mixed
 municipal solid waste to generate electricity;
    (11) "Transfer station" means any location or structure, whether
 located on land or water, where more than ten cubic yards of solid
 waste, generated elsewhere, may be stored for transfer or transferred
 from transportation units and placed in other transportation units for
 movement to another location, whether or not such waste is stored at
 the location prior to transfer;
   (12) "Municipality" means any town, city or borough within the state;
    (13) "Municipal authority" means the local governing body having
 legal jurisdiction over solid waste management within its corporate
 limits which shall be, in the case of any municipality which adopts a
 charter provision or ordinance pursuant to section 7-273aa, the
 municipal resource recovery authority;
    (14) "Regional authority" means the administrative body delegated
 the responsibility of solid waste management for two or more
 municipalities which have joined together by creating a district or
 signing an interlocal agreement or signing a mutual contract for a
 definitive period of time;
    (15) "Region" means two or more municipalities which have joined
 together by creating a district or signing an interlocal agreement or
 signing a mutual contract for a definite period of time concerning solid
 waste management within such municipalities;
    (16) "Solid waste management plan" means an administrative and
 financial plan for an area which considers solid waste storage,
 collection, transportation, volume reduction, recycling, reclamation and
 disposal practices for a twenty-year period, or extensions thereof;
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    (17) "Municipal collection" means solid waste collection from all
 residents thereof by a municipal authority;
    (18) "Contract collection" means collection by a private collector
 under a formal agreement with a municipal authority in which the
 rights and duties of the respective parties are set forth;
    (19) "Solid waste planning region" means those municipalities within
 the defined boundaries of regional councils of governments or as
 prescribed in the state solid waste management plan;
    (20) "Biomedical waste" means infectious waste, pathological waste
 and chemotherapy waste generated during the administration of
 medical care or the performance of medical research involving humans
 or animals and which, because of its quantity, character or composition,
 has been determined by the commissioner to require special handling
 but excluding any solid waste which has been classified by the
 department as a hazardous waste pursuant to section 22a-115 or is a
 radioactive material regulated pursuant to section 22a-148;
    (21) "Generator of biomedical waste" means any person who owns or
 operates a facility that produces biomedical waste in any quantity,
 including, but not limited to the following: General hospitals, skilled
 nursing facilities or convalescent hospitals, intermediate care facilities,
 chronic dialysis clinics, free clinics, health maintenance organizations,
 surgical clinics, acute psychiatric hospitals, laboratories, medical
 buildings, physicians' offices, veterinarians, dental offices and funeral
 homes. Where more than one generator is located in the same building,
 each individual business entity shall be considered a separate generator;
    (22) "Biomedical waste treatment facility" means a solid waste facility
 capable of storing, treating or disposing of any amount of biomedical
 waste, excluding any facility where the only biomedical waste treated,
 stored or disposed of is biomedical waste generated at the site and any
 licensed acute care facility or licensed regional household hazardous
 waste collection facility accepting untreated solid waste generated
 during the administration of medical care in a single or multiple family
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 household by a resident of such household;
    (23) "Throughput" means the amount of municipal solid waste
 processed by a resources recovery facility determined by dividing the
 average annual tonnage of municipal solid waste by three hundred
 sixty-five days;
    (24) "Municipal solid waste" means solid waste from residential,
 commercial and industrial sources, excluding solid waste consisting of
 significant quantities of hazardous waste as defined in section 22a-115,
 land-clearing debris, demolition debris, biomedical waste, sewage
 sludge and scrap metal;
    (25) "Wood-burning facility" means a facility, as defined in section 16-
 50i, whose principal function is energy recovery from wood for
 commercial purposes. "Wood-burning facility" does not mean a biomass
 gasification plant that utilizes land clearing debris, tree stumps or other
 biomass that regenerates, or the use of which will not result in a
 depletion of, resources;
      (26) "Person" has the same meaning as in subsection (b) of section 22a-
 2;
    (27) "Closure plan" means a comprehensive written plan, including
 maps, prepared by a professional engineer licensed by the state that
 details the closure of a solid waste disposal area and that addresses final
 cover design, stormwater controls, landfill gas controls, water quality
 monitoring, leachate controls, postclosure maintenance and monitoring,
 financial assurance for closure and postclosure activities, postclosure
 use and any other information that the commissioner determines is
 necessary to protect human health and the environment from the effects
 of the solid waste disposal areas;
    (28) "Designated recyclable item" means an item designated for
 recycling by the Commissioner of Energy and Environmental Protection
 in regulations adopted pursuant to subsection (a) of section 22a-241b, or
 designated for recycling pursuant to section 22a-208v or 22a-256;
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    (29) "Composting facility" means land, appurtenances, structures or
 equipment where organic materials originating from another process or
 location that have been separated at the point or source of generation
 from nonorganic material are recovered using a process of accelerated
 biological decomposition of organic material under controlled aerobic
 or anaerobic conditions;
    (30) "Source-separated organic material" means organic material,
 including, but not limited to, food scraps, food processing residue and
 soiled or unrecyclable paper that has been separated at the point or
 source of generation from nonorganic material; [.]
    (31) "Advanced recycling" means a manufacturing process for the
 conversion of post-use polymers and recovered feedstocks into basic
 hydrocarbon raw materials, feedstocks, chemicals, liquid fuels and
 other products, including, but not limited to, waxes and lubricants,
 through      processes    that    include     pyrolysis,   gasification,
 depolymerization, catalytic cracking, reforming, hydrogenation,
 solvolysis and other similar technologies. "Advanced recycling" does
 not mean solid waste management, solid waste disposal, energy
 recovery, treatment, resource recovery, incineration or combustion;
    (32) "Advanced recycling facility" means a facility that receives, stores
 and converts post-use polymers and recovered feedstocks using
 advanced recycling into recycled products including, but not limited to,
 monomers, oligomers, plastics, plastic and chemical feedstocks, basic
 and unfinished chemicals, crude oil, naphtha, liquid transportation
 fuels, waxes, lubricants, coatings and other basic hydrocarbons.
 "Advanced recycling facility" does not mean solid waste disposal
 facility, solid waste disposal area, resource recovery facility, volume
 reduction plant, waste conversion facility, waste-to-energy facility,
 transfer station, combustion facility or incinerator;
   (33) "Depolymerization" means a manufacturing process through
 which post-use polymers are broken into smaller molecules, including,
 but not limited to, monomers and oligomers, or raw, intermediate or
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 final products, plastics and chemical feedstocks, basic and unfinished
 chemicals, crude oil, naphtha, liquid transportation fuels, waxes,
 lubricants, coatings and other basic hydrocarbons;
    (34) "Gasification" means a manufacturing process through which
 recovered feedstocks are heated and converted into a fuel and gas
 mixture in an oxygen-deficient atmosphere and converted into raw
 materials and intermediate and final products, including, but not
 limited to, plastic monomers, chemicals, waxes, lubricants, chemical
 feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks,
 home heating oil and other fuels, including, but not limited to, ethanol
 and transportation fuel, that are returned to economic utility in the form
 of raw materials, products or fuels;
    (35) "Post-use polymer" means a plastic that (A) is derived from
 residential, industrial, commercial, institutional or agricultural
 activities, (B) is not mixed with solid waste or hazardous waste on site
 or during processing at an advanced recycling facility, (C) has a use or
 intended use as a feedstock for the manufacturing of crude oil, fuels,
 feedstocks, blendstocks, raw materials or other intermediate products
 or final products using advanced recycling, (D) has been sorted from
 solid waste and other regulated waste, but may contain residual
 amounts of solid waste, including, but not limited to, organic material,
 and incidental contaminants or impurities, including, but not limited to,
 paper labels and metal rings, and (E) is processed at an advanced
 recycling facility or held at an advanced recycling facility prior to
 processing;
    (36) "Pyrolysis" means a manufacturing process through which post-
 use polymers are heated in the absence of oxygen until melted and
 thermally decomposed, then cooled, condensed and converted into raw
 materials and intermediate and final products, including, but not
 limited to, plastic monomers, chemicals, waxes, lubricants, chemical
 feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks,
 home heating oil and other fuels including, but not limited to, ethanol
 and transportation fuel, that are returned to economic utility in the form
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 of raw materials, products or fuels;
   (37) "Recovered feedstock" means one or more of the following
 materials that have been processed to be used as feedstock in an
 advanced recycling facility: (A) Post-use polymers, or (B) materials for
 which the United States Environmental Protection Agency has made a
 non-waste determination pursuant to 40 CFR 241.3(c) or has otherwise
 determined are feedstocks and not solid waste. "Recovered feedstock"
 does not include unprocessed municipal solid waste and is not mixed
 with solid waste or hazardous waste on site or during processing at an
 advanced recycling facility;
    (38) "Solvolysis" means a manufacturing process, including, but not
 limited to, hydrolysis, aminolysis, ammonolysis, methanolysis and
 glycolysis, through which post-use polymers are reacted with the aid of
 solvents while heated at low temperatures or pressurized to make
 products, including, but not limited to, monomers, intermediates and
 raw materials, while allowing additives and contaminants to be
 separated.
    Sec. 2. Section 22a-208c of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2022):
    (a) No person shall receive, dispose of, or process solid waste or
 transport solid waste for disposal or processing at any solid waste
 facility, volume reduction plant, solid waste disposal area, recycling
 facility or recycling center, transfer station or biomedical waste facility
 unless such facility, plant, area, center or station complies with the
 provisions of section 22a-208a.
    (b) The provisions of this section shall not apply to post-use
 polymers, as defined in section 22a-207, as amended by this act, or
 recovered feedstocks, as defined in section 22a-207, as amended by this
 act, that are transported to or received, disposed of, processed,
 converted or held prior to conversion at an advanced recycling facility,
 as defined in section 22a-207, as amended by this act.
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    Sec. 3. Section 22a-208e of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective October 1, 2022):
    (a) The owner or operator of each resources recovery facility and each
 solid waste disposal area shall submit a report to the Commissioner of
 Energy and Environmental Protection quarterly with respect to the
 calendar quarter beginning on October 1, 1989, and each calendar
 quarter t