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--- version:APP Joint Favorable+++ version:(document, no version)@@ -1,200 +1,148 @@-LCO 1 of 6+Researcher: DD Page 1 4/2/26-General Assembly Substitute Bill No. 5524-February Session, 2026+OLR Bill Analysis+sHB 5524AN ACT CONCERNING THE STATE'S MATERIALS MANAGEMENTSYSTEM.-Be it enacted by the Senate and House of Representatives in General-Assembly convened:-Section 1. Section 22a -226e of the 2026 supplement to the general 1-statutes is repealed and the following is substituted in lieu thereof 2-(Effective October 1, 2026): 3-(a) (1) On and after January 1, 2014, each commercial food wholesaler 4-or distributor, industrial food manufacturer or processor, supermarket, 5-resort or conference center that is located not more than twenty miles 6-from an authorized source -separated organic material composting 7-facility and that generates an average projected volume of not less than 8-one hundred four tons per year of source -separated organic materials 9-shall: (A) Separate such source -separated organic materials from other 10-solid waste; and (B) ensure that such source-separated organic materials 11-are recycled at any authorized source -separated organic material 12-composting facility that has available capacity and that will accept such 13-source-separated organic material. 14-(2) On and after January 1, 2020, each commercial food wholesaler or 15-distributor, industrial food manufacturer or processor, supermarket, 16-resort or conference center that is located not more than twenty miles 17-from an authorized source -separated organic material composting 18-Substitute Bill No. 5524+SUMMARY+This bill makes several changes to various solid waste requirements+in the state. Primarily, it:+1. requires any entity that generates an average projected volume+of at least 26 tons per year of source-separated organic materials+(for example, food scraps ) to separate it from other solid waste+and recycle it, starting July 1, 2027;+2. requires all entities that must follow organics diversion+requirements to annually report to the Department of Energy and+Environmental Protection (DEEP) on their program , starting+March 1, 2027;+3. bans certain entities that sell or prepare food from selling, using,+or providing food service ware made of certain expanded+polystyrene, starting July 1, 2028;+4. bans food service establishments from giving out certain single-+use food service items , except by request or through a utensil+dispenser, and bans these establishments from giving out straws+with intentionally added PFAS, starting January 1, 2028;+5. requires entities that must follow organics diversion+requirements to prioritize donati ng extra edible food for people+to eat, and to have a written policy on this, starting July 1, 2027 ;+and+6. expands the eligible project costs for certain materials+management DEEP grants.+2026HB-05524-R000398-BA.DOCX-LCO 2 of 6+Researcher: DD Page 2 4/2/26-facility and that generates an average projected volume of not less than 19-fifty-two tons per year of source -separated organic materials shall: (A) 20-Separate such source -separated organic materials from other solid 21-waste; and (B) ensure that such source -separated organic materials are 22-recycled at any authorized source -separated organic material 23-composting facility that has available capacity and that will accept such 24-source-separated organic material. 25-(3) On and after January 1, 2022, each commercial food wholesaler or 26-distributor, industrial food manufacturer or processor, supermarket, 27-resort or conference center that is located not more than twenty miles 28-from either an authorized source -separated organic material 29-composting facility or an authorized transfer station, or any collection 30-location authorized to receive source -separated organic materials, and 31-that generates an average projected volume of not less than twenty -six 32-tons per year of source -separated organic materials shall: (A) Separate 33-such source-separated organic materials from other solid waste; and (B) 34-ensure that such source-separated organic materials are recycled at any 35-authorized source-separated organic material composting facility that 36-has available capacity and that will accept such source -separated 37-organic material. 38-(4) On and after January 1, 2025, each commercial food wholesaler or 39-distributor, industrial food manufacturer or processor, supermarket, 40-resort, conference center or institution that generates an average 41-projected volume of not less than twenty -six tons per year of source -42-separated organic materials shall: (A) Separate such source -separated 43-organic materials from other solid waste; and (B) ensure that such 44-source-separated organic materials are recycled at any authorized 45-source-separated organic material composting facility that has available 46-capacity and that will accept such source -separated organic material. 47-For the purposes of this section "institution" means any establishment 48-engaged in providing hospitality, entertainment or rehabilitation and 49-health care services, and any hospital, public or independent institution 50-of higher education building or facility or correctional facility. 51-Substitute Bill No. 5524+EFFECTIVE DATE: October 1, 2026, except the sections (1) banning+certain polystyrene are effective July 1, 2028; (2) banning single-use food+service items and PFAS straws are effective July 1, 2027 ; and (3)+expanding eligible costs for certain DEEP grants are effective July 1,+2026.+FOOD WASTE DIVERSION+Diversion Requirements+The bill requires all entities, beginning July 1, 2027, that generate an+average projected volume of at least 26 tons of source-separated organic+materials (for example, food scraps) per year to (1) separate it from other+solid waste and (2) recycle it at a permitted source -separated organic+material composting facility that has capacity and is willing to accept it.+Under current law, this requirement applies to commercial food+wholesalers or distributors, industrial food manufacturers or+processors, superm arkets, resorts, conference centers , or institutions+that generate that much material.+Existing law extends these requirements, starting July 1, 2026, to+grades K-12 public and nonpublic school buildings or educational+facilities that (1) are within 20 miles of an authorized material+composting facility and (2) generate that much material.+Prioritization Requirement+Beginning July 1, 2027, the bill requires all entities that must follow+the organics diversion requirement described above to prioritize+donating their extra edible food for people to eat before diverting it a+different way (for example, by recycling, composting, or anaerobic+digestion). Entities must adopt and maintain a written policy setting+procedures for safely storing, handling, and transferring food for+donation.+Diversion Report+Current law requires wholesalers, distributors, manufacturers,+processors, supermarkets, resorts, conference centers, and institutions+required to separate and recycle material to report to DEEP+electronically with a summar y of the entity’s amount of edible food+2026HB-05524-R000398-BA.DOCX-LCO 3 of 6+Researcher: DD Page 3 4/2/26-(5) On and after July 1, 2027, any entity that generates an average 52-projected volume of not less than twenty -six tons per year of source -53-separated organic materials shall: (A) Separate such source -separated 54-organic materials from other solid waste; and (B) ensure that such 55-source-separated organic materials are recycled at any authorized 56-source-separated organic material composting facility that has available 57-capacity and that will accept such source-separated organic material. 58-[(5)] (6) On and after July 1, 2026, each public or nonpublic school 59-building or educational facility in which students in grades 60-kindergarten to twelve, inclusive, or any combination thereof, are 61-enrolled, that is located not more than twenty miles from either an 62-authorized source -separated organic material composting facility and 63-that generates an average projected volume of not less than twenty -six 64-tons per year of source -separated organic materials shall: (A) Separate 65-such source-separated organic materials from other solid waste; and (B) 66-ensure that such source-separated organic materials are recycled at any 67-authorized source-separated organic material composting facility that 68-has available capacity and that will accept such source -separated 69-organic material. 70-(b) Any such wholesaler, distributor, manufacturer, processor, 71-supermarket, institution, resort or conference center that performs 72-composting of source -separated organic materials on site or treats 73-source-separated organic materials via on -site organic treatment 74-equipment permitted pursuant to the general statutes or federal law 75-shall be deemed in compliance with the provisions of this section. 76-(c) Any permitted source -separated organic material composting 77-facility that receives such source -separated organic materials shall 78-report to the Commissioner of Energy and Environmental Protection, as 79-part of such facility's reporting obligations, a summary of fees charged 80-for receipt of such source-separated organic materials. 81-(d) Not later than January 1, 2022, the Commissioner of Energy and 82-Environmental Protection shall establish a voluntary pilot program for 83-Substitute Bill No. 5524+donated, the amount of food scraps recycled, and the organics recyclers+and associated collectors used. The bill, beginning March 1, 2027,+requires an annual report from all entities required to separate and+recycle their material.+POLYSTYRENE AND SINGLE-USE BANS+Polystyrene Ban+Beginning July 1, 2028, the bill bans food establishments, restaurants,+dining facilities, caterers, or other entities that sell or serv e prepared+food from selling, using, or giving out food service ware made , in any+part, of expanded polystyrene (blown polystyrene or expanded or+extruded foam polystyrene). The ban does not apply to any packaging+product made of polystyrene or containing polystyrene loose fill that is:+1. for prepackaged food that was filled and sealed before receipt by a+retail establishment, business, or food vendor;+2. for raw or frozen meat or seafood sold from a butcher case or similar+retail appliance;+3. a cooler or ice chest, as long as the polystyrene is fully encased in+another material; or+4. reuseable and for agricultural use.+The bill deems local and regional boards of education compliant if+they (1) participate in a program to collect and recycle expanded+polystyrene food service ware, and (2) ensure the materials are+separated, collected, and delivered to a facility authorized to accept and+recycle them. The bill permits municipalities to adopt and enforce+stricter ordinances. Patient care unit s in hospital s or rehabilitation+facilities are exempt from the ban.+Single-Use Food Service Items Ban+Starting January 1, 2028, the bill bans food service establishments+from giving out single-use food service items ( for example, utensils,+napkins, condiment packets, or drinking straws) except by request or by+using a utensil dispenser. The bill bans giving out straws with PFAS+2026HB-05524-R000398-BA.DOCX-LCO 4 of 6+Researcher: DD Page 4 4/2/26-any municipality that seeks to separate source -separated organic 84-materials and ensure that such source -separated organic materials are 85-recycled at authorized source -separated organic material composting 86-facilities that have available capacity and that will accept such source -87-separated organic material. 88-(e) On or before March 1, 2025, and annually thereafter, each 89-wholesaler, distributor, manufacturer, processor, supermarket, resort, 90-conference center or institution that is subject to the provisions of this 91-section shall submit a report to the Department of Energy and 92-Environmental Protection in electronic format. Such report shall 93-summarize such entity's amount of edible food donated, the amount of 94-food scraps recycled and the organics recycler or recyclers and 95-associated collectors used. On and after March 1, 2027, and annually 96-thereafter, such reporting requirement shall apply to any entity that is 97-subject to the provisions of this section. 98-Sec. 2. (NEW) (Effective July 1, 2028) (a) No food service establishment, 99-restaurant, dining facility, caterer or other entity engaged in the sale or 100-service of prepared food shall sell, use or provide food service ware 101-composed, in whole or in part, of expanded polystyrene. 102-(b) Notwithstanding subsection (a) of this section, a local or regional 103-board of education shall be deemed in compliance with this section if 104-such board participates in a program for the collection and recycling of 105-expanded polystyrene food service ware and ensures that such 106-materials are separated, collected and delivered to a facility authorized 107-to accept and recycle such material. 108-(c) For purposes of this section, "expanded polystyrene" means blown 109-polystyrene or expanded or extruded foam polystyrene. 110-(d) Nothing in this section shall be construed to prohibit a 111-municipality from adopting or enforcing an ordinance that imposes 112-requirements or restrictions on expanded polystyrene that are stricter 113-than the provisions of this section. 114-Substitute Bill No. 5524+(perfluoroalkyl and polyfluoroalkyl substances ) intentionally added+during the manufacturing process to provide a functional or technical+effect to the final product . (The bill does not define “food service+establishments.”)+DEEP MATERIALS MANAGEMENT GRANT PROGRAMS+Regardless of other environmental protection laws, the bill explicitly+allows DEEP-administered municipal or regional materials+management grant programs , including the sustainable materials+management grant program and the materials management+infrastructure grant program, to give grant funds for certain expenses .+Specifically, it allows eligible program costs to include equipment,+infrastructure, facility improvements, implementation systems, and+operational components to support waste reduction, reuse programs,+food recovery, source separation, organics diversion, or materials+processing (for example, storage infrastructure, cold storage equipment,+reusable food service systems, dishwashing equipment, sanitation+infrastructure, sorting systems and collection systems).+BACKGROUND+DEEP Grants+The sustainable materials management grant program helps+municipalities and regional waste authorities start and scale up food+scraps collection programs and certain other initiatives. The program is+currently not accepting applications.+The materials management infrastructure grant program funds solid+waste infrastructure to municipalities and regions in the state . The+program is also not accepting applications.+Related Bill+sHB 5324, favorably reported by the Education Committee, among+other things, delays the implementation of organics diversion+requirements by two years, from July 1, 2026, to July 1, 2028, for certain+grades K -12 public and nonpublic school buildings and educational+facilities.+2026HB-05524-R000398-BA.DOCX-LCO 5 of 6+Researcher: DD Page 5 4/2/26-(e) The provisions of this section shall not apply to any packaging 115-product composed of polystyrene or containing polystyrene loose fill 116-that: 117-(1) Is used for prepackaged food that was filled and sealed prior to 118-receipt by a retail establishment, business or food vendor; 119-(2) Is used to contain or store raw or frozen meat or seafood sold from 120-a butcher case or similar retail appliance; 121-(3) Is a cooler or ice chest, provided such polystyrene is fully encased 122-in another material; or 123-(4) Is reusable polystyrene used for agricultural purposes. 124-(f) The provisions of this section shall not be construed to apply to 125-any patient care unit in any hospital or rehabilitation facility. 126-Sec. 3. (NEW) (Effective July 1, 2027) (a) On and after January 1, 2028, 127-no food service establishment shall provide single -use food service 128-items, including utensils, napkins, condiment packets or drinking 129-straws, except upon request of the customer or through the use of a 130-utensil dispenser. 131-(b) Nothing in this section shall be construed to prohibit the provision 132-or use of drinking straws, provided no single -use drinking straw 133-provided by a food service establishment shall contain PFAS, as defined 134-in section 22a -255h of the general statutes, that is intentionally added. 135-For purposes of this subsection, "PFAS that is intentionally added" 136-means the addition of PFAS during the manufacturing process to 137-provide a functional or technical effect in the finished product. 138-Sec. 4. (NEW) (Effective October 1, 2026) On and after July 1, 2027, any 139-entity subject to the commercial organics diversion requirements of 140-section 22a-226e of the general statutes, as amended by this act, shall 141-prioritize the donation of surplus edible food for human consumption 142-prior to the use of recycling, composting, aerobic digestion, anaerobic 143-digestion or disposal and shall adopt and maintain a written policy 144-Substitute Bill No. 5524--LCO 6 of 6--establishing procedures for the safe storage, handling and transfer of 145-such food for donation. 146-Sec. 5. (NEW) ( Effective July 1, 2026) Notwithstanding any provision 147-of title 22a of the general statutes, for purposes of any municipal or 148-regional materials management grant program administered by the 149-Department of Energy and Environmental Protection, including, but not 150-limited to, materials management infrastructure or sustainable 151-materials management grant programs, eligible project costs may 152-include equipment, infrastructure, facility improvements, 153-implementation systems and operational components necessary to 154-support waste reduction, reuse programs, food recovery, source 155-separation, organics diversion or materials processing, including, but 156-not limited to, storage infrastructure, cold storage equipment, reusable 157-food service systems, dishwashing equipment, sanitation infrastructure, 158-sorting systems and collection systems. 159-This act shall take effect as follows and shall amend the following-sections:--Section 1 October 1, 2026 22a-226e-Sec. 2 July 1, 2028 New section-Sec. 3 July 1, 2027 New section-Sec. 4 October 1, 2026 New section-Sec. 5 July 1, 2026 New section--ENV Joint Favorable Subst.-APP Joint Favorable+COMMITTEE ACTION+Environment Committee+Joint Favorable Substitute+Yea 23 Nay 11 (03/18/2026)
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