Substitute Senate Bill No. 1224
Substitute Senate Bill No. 1224
PUBLIC ACT NO. 97-102
AN ACT CONCERNING GRASS CLIPPINGS AND DIRECTORY
PUBLISHERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 22a-208v of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) On and after October 1, 1995, the
Commissioner of Environmental Protection, AND ON
AND AFTER OCTOBER 1, 1997, THE CONNECTICUT
RESOURCES RECOVERY AUTHORITY, shall provide for a
program of public information to promote the
recycling of grass clippings by composting at the
property where the grass clippings are generated,
by allowing the grass clippings to decompose in
place or by composting grass clippings at a
municipal or commercial composting facility.
(b) The commissioner shall authorize pilot
projects, according to standards or guidelines he
deems appropriate, under which municipalities may
provide for the composting of grass clippings. The
commissioner may adopt regulations, in accordance
with the provisions of chapter 54, to establish
composting of grass clippings at the property
where such clippings were generated as the
preferred method of disposal, or at a commercial
composting facility, and to allow municipalities
to compost grass clippings.
(c) After October 1, [1997] 1998, or six
months after the commissioner adopts such
regulations, whichever is sooner, no resources
recovery facility or solid waste facility
permitted under this chapter, other than a
municipal or commercial composting facility, may
accept grass clippings for disposal.
Sec. 2. Section 22a-256ee of the general
statutes is repealed and the following is
substituted in lieu thereof:
[On or before January 1, 1991, each directory
publisher shall file a plan with the Commissioner
of Environmental Protection which shall provide
that in 1991 at least ten per cent of the
directories distributed by such publisher in this
state shall be retrieved and recycled. Said
percentage shall be increased by five per cent per
year until fifty per cent or more are retrieved
and recycled.] ANY DIRECTORY PUBLISHER WHO
PUBLISHES A DIRECTORY WHICH DOES NOT MEET THE
RECYCLED CONTENT STANDARD PROVIDED FOR IN SECTION
22a-256z SHALL FILE A PLAN WITH THE COMMISSIONER
NOT LATER THAN NINETY DAYS AFTER SUCH PUBLICATION
WHICH SHALL PROVIDE THAT AT LEAST FORTY PER CENT
OF SUCH DIRECTORIES DISTRIBUTED BY SUCH PUBLISHER
IN THIS STATE SHALL BE RETRIEVED AND RECYCLED AND
SUCH PERCENTAGE SHALL BE INCREASED BY FIVE PER
CENT PER YEAR UNTIL FIFTY PER CENT OR MORE ARE
RETRIEVED AND RECYCLED. ANY DIRECTORY PUBLISHER
WHO PUBLISHES A DIRECTORY WHICH MEETS SUCH
STANDARD SHALL ANNUALLY RETRIEVE AND RECYCLE AT
LEAST THIRTY PER CENT OF ITS DIRECTORIES
DISTRIBUTED IN THIS STATE UNLESS THE COMMISSIONER
DETERMINES THAT (1) FIFTY PER CENT OR MORE OF THE
MUNICIPALITIES IN THIS STATE ACCEPT SUCH
PUBLISHER'S DIRECTORIES AS PART OF MUNICIPAL
RECYCLING PROGRAMS AND THAT SUCH DIRECTORIES ARE
RECYCLED OR (2) FIFTY PER CENT OR MORE OF THE
INTERMEDIATE SOLID WASTE PROCESSING CENTERS IN
THIS STATE ACCEPT SUCH DIRECTORIES AS PART OF A
RECYCLING PROGRAM AND THAT SUCH DIRECTORIES ARE
RECYCLED.
Sec. 3. Section 22a-268 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The authority shall utilize private industry,
by contract, to carry out the business, design,
operating, management, marketing, planning and
research and development functions of the
authority, unless the authority determines that it
is in the public interest to adopt another course
of action. The authority is hereby empowered to
enter into long-term contracts with private
persons for the performance of any such functions
of the authority which, in the opinion of the
authority, can desirably and conveniently be
carried out by a private person under contract
provided any such contract shall contain such
terms and conditions as will enable the authority
to retain overall supervision and control of the
business, design, operating, management,
transportation, marketing, planning and research
and development functions to be carried out or to
be performed by such private persons pursuant to
such contract. Such contracts may be entered into
either on a negotiated or an open-bid basis, and
the authority in its discretion may select the
type of contract it deems most prudent to utilize,
considering the scope of work, the management
complexities associated therewith, the extent of
current and future technological development
requirements and the best interests of the state.
Whenever a long-term contract is entered into on
other than an open-bid basis, the criteria and
procedures therefor shall conform to applicable
provisions of subdivision (16) of subsection (a)
and subsections (b) and (c) of section 22a-266,
provided however, that any contract for a period
of over five years in duration, or any contract
for which the annual consideration is greater than
fifty thousand dollars shall be approved by a
two-thirds vote of the authority's full board of
directors. The terms and conditions of such
contracts shall be determined by the authority, as
shall the fees or other similar compensation to be
paid to such persons for such contracts. The
contracts entered into by the authority shall not
be subject to the approval of any other state
department, office or agency. However, copies of
all contracts of the authority [shall be filed
with the State Treasurer and] shall be maintained
[by them and] by the authority as public records,
subject to the proprietary rights of any party to
the contract. Nothing of the aforesaid shall be
deemed to restrict the discretion of the authority
to utilize its own staff and work force for the
performance of any of its assigned
responsibilities and functions whenever, in the
discretion of the authority, it becomes necessary,
convenient or desirable to do so. Any litigation
with respect to any terms, conditions or
provisions of any contract of the authority, or
the performance or nonperformance of same by
either party, shall be tried before a judge of the
Superior Court of Connecticut.
Approved June 6, 1997