Connecticut recently implemented the nation’s first producer-led tire stewardship program pursuant to Public Act No. 23-62 (codified at Conn. Gen. Stat. § 22a-905i), establishing an extended producer responsibility (EPR) framework for the collection and management of discarded tires throughout the state. The program is administered by Connecticut Tire Stewardship LLC (CTS) and overseen by the Connecticut Department of Energy and Environmental Protection (DEEP).
Entities Subject to the Program (Who Must Comply)
The statute applies primarily to “producers” and defines the term broadly to capture the entity ultimately responsible for supplying new tires into the Connecticut market and requires them to take responsibility for the products they supply at their end-of-life. These entities include: (i) the tire manufacturer, where the brand holder is a U.S. entity; (ii) the owner or licensee of the trademark under which the tire is sold, if the manufacturer is not identified; (iii) importers supplying tires into the state; and, if none of the foregoing applies, (iv) the retailer selling the tire to the consumer.
An entity’s compliance obligation is triggered if it “supplies” tires in Connecticut, defined as transferring title for consideration, including via physical retail or online sales delivered into the state.
Critically, the Act requires each producer (or its designee) to participate in an approved tire stewardship organization (TSO) such as CTS. Failure to do so bars the producer from supplying tires in Connecticut.
By contrast, “covered entities”, including transfer stations, tire retailers, automotive service providers, fleet facilities, and similar collection points, are not automatically subject to mandatory participation, although they may voluntarily participate in the program as collection sites. This distinction is important for clients operating in retail or service roles, as participation affects downstream obligations (e.g., fee restrictions and handling requirements), but is not universally required under the current law.
Core Compliance Obligations for Producers
Producers must satisfy several key obligations under the CTS program:
- Join an approved TSO and fund the program. The program is financed entirely through producer funding, generally via per-tire fees assessed on tires sold into Connecticut. These fees, which are $2 for a typical car tire, may be passed through the supply chain or absorbed by the producer.
- Ensure implementation of an approved stewardship plan. The TSO must submit and maintain a DEEP-approved plan that establishes a statewide system for collection, transportation and recycling or reuse of discarded tires.
- Comply with reporting and recordkeeping requirements. The TSO must submit annual reports to DEEP by October 15 each year detailing tire collection volumes, recycling outcomes, program performance metrics and program effectiveness; records must be maintained for at least three years.
- Meet performance goals. The program establishes collection, diversion and recycling targets, along with broader environmental and access goals, which must be monitored and updated over time.
Operational Requirements Affecting Participating Entities
For entities participating as “covered entities” in the program (e.g., retailers, transfer stations or automotive service providers), the stewardship plan imposes operational requirements relevant for compliance purposes:
- Free acceptance of discarded tires. Covered entities participating in the program may not charge consumers for the receipt of discarded tires.
- Collection, storage and handling standards. Participating sites must comply with applicable Connecticut solid waste regulations, including requirements relating to storage, protection from environmental conditions and secure handling practices.
- Contractual participation. Covered entities, transporters, and processors must enter into agreements with CTS and comply with program requirements, including qualifications, applicable laws and reporting obligations.
- Use of authorized transporters and processors. Tires must be transported and processed through approved service providers to ensure proper recycling or disposition consistent with statutory requirements.
Program Structure and Practical Implications
The CTS program establishes a statewide system intended to provide consumers with no-cost disposal options and to shift lifecycle responsibility upstream to producers. The program is funded through fees embedded in the sale of new tires, eliminating (at least within the program) the need for disposal fees at end-of-life.
However, because retailer participation is currently voluntary, the system creates potential compliance and commercial complexities, including the possibility that consumers may still encounter disposal fees outside the program and that collection infrastructure may develop unevenly across the state.
Key Takeaways for Clients
For clients evaluating applicability of the Connecticut tire stewardship program, the threshold inquiry is whether the entity qualifies as a “producer” supplying tires into Connecticut; if so, participation in the program is mandatory and a condition of doing business in the state. For other participants in the tire lifecycle (particularly retailers and service providers), participation is currently elective but carries operational requirements and potential commercial implications that should be evaluated carefully.
Harris Beach Murtha’s Automotive and Vehicle Dealerships Industry Team, along with its Intellectual Property Practice Group, are closely watching this new stewardship program for ongoing developments. If you have questions or need assistance with compliance, please reach out to attorney Lindsey M. McComber at (617) 457-4065 and lmccomber@harrisbeachmurtha.com; attorney Andy Corea at (203) 772-7739 and acorea@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.