Connecticut 2016 Regular Session

Connecticut Senate Bill SB00384 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 384
2	2	February Session, 2016 LCO No. 2439
3	3	02439_______ENV
4	4	Referred to Committee on ENVIRONMENT
5	5	Introduced by:
6	6	(ENV)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 384
11	11
12	12	February Session, 2016
13	13
14	14	LCO No. 2439
15	15
16	16	02439_______ENV
17	17
18	18	Referred to Committee on ENVIRONMENT
19	19
20	20	Introduced by:
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22	22	(ENV)
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24	24	AN ACT CONCERNING THE APPLICATION OF THE BOTTLE BILL TO WINE AND LIQUOR BOTTLES FOR PURPOSES OF FUNDING STATE PARKS.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. Section 22a-243 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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30	30	For purposes of sections 22a-243 to 22a-245c, inclusive:
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32	32	(1) "Carbonated beverage" means beer or other malt beverages, any sparkling wine, champagne and mineral waters, soda water and similar carbonated soft drinks in liquid form and intended for human consumption;
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34	34	(2) "Noncarbonated beverage" means water, including flavored water, nutritionally enhanced water and any beverage that is identified through the use of letters, words or symbols on such beverage's product label as a type of water, wine or liquor, but excluding juice, [and] mineral water, sparkling wine and champagne;
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36	36	(3) "Beverage container" means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing a carbonated or noncarbonated beverage, but does not include a bottle, can, jar or carton (A) three liters or more in size if containing a noncarbonated beverage, or (B) made of high-density polyethylene unless it is used to contain liquor;
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38	38	(4) "Consumer" means every person who purchases a beverage in a beverage container for use or consumption;
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40	40	(5) "Dealer" means every person who engages in the sale of beverages in beverage containers to a consumer;
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42	42	(6) "Distributor" means every person who engages in the sale of beverages in beverage containers to a dealer in this state including any manufacturer who engages in such sale and includes a dealer who engages in the sale of beverages in beverage containers on which no deposit has been collected prior to retail sale;
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44	44	(7) "Manufacturer" means every person bottling, canning or otherwise filling beverage containers for sale to distributors or dealers or, in the case of private label brands, the owner of the private label trademark;
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46	46	(8) "Place of business of a dealer" means the fixed location at which a dealer sells or offers for sale beverages in beverage containers to consumers;
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48	48	(9) "Redemption center" means any facility established to redeem empty beverage containers from consumers or to collect and sort empty beverage containers from dealers and to prepare such containers for redemption by the appropriate distributors;
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50	50	(10) "Use or consumption" includes the exercise of any right or power over a beverage incident to the ownership thereof, other than the sale or the keeping or retention of a beverage for the purposes of sale;
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52	52	(11) "Nonrefillable beverage container" means a beverage container which is not designed to be refilled and reused in its original shape; and
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54	54	(12) "Deposit initiator" means the first distributor to collect the deposit on a beverage container sold to any person within this state.
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56	56	Sec. 2. Subsection (a) of section 22a-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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58	58	(a) (1) Every beverage container containing a carbonated beverage sold or offered for sale in this state, except for any such beverage containers sold or offered for sale for consumption on an interstate passenger carrier, shall have a refund value. Such refund value shall not be less than five cents and shall be a uniform amount throughout the distribution process in this state provided such refund value shall be fifteen cents for any beverage container containing any sparkling wine or champagne. (2) Every beverage container containing a noncarbonated beverage sold or offered for sale in this state shall have a refund value, except for beverage containers containing a noncarbonated beverage that are (A) sold or offered for sale for consumption on an interstate passenger carrier, or (B) that comprise any dealer's existing inventory as of March 31, 2009. Such refund value shall not be less than five cents and shall be a uniform amount throughout the distribution process in this state provided such refund value shall be not less than fifteen cents for any beverage container containing any wine or liquor.
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60	60	Sec. 3. Subsection (d) of section 22a-245 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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62	62	(d) In addition to the refund value of a beverage container, a distributor shall pay to any dealer or operator of a redemption center a handling fee of at least one and one-half cents for each container of beer or other malt beverage, [and] two cents for each beverage container of mineral waters, soda water and similar carbonated soft drinks or noncarbonated beverage and five cents for each beverage container of sparkling wine, champagne, wine or liquor returned for redemption. A distributor shall not be required to pay to a manufacturer the refund value of a nonrefillable beverage container.
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64	64	Sec. 4. Section 22a-245a of the general statutes is amended by adding subsection (k) as follows (Effective October 1, 2016):
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66	66	(NEW) (k) Notwithstanding the provisions of subsection (d) of this section, any balance outstanding in the special account that is attributable to the sale of any beverage container containing any sparkling wine, champagne, wine or liquor and that is paid by the deposit initiator to the Commissioner of Revenue Services shall be transferred by the Commissioner of Revenue Services to the Commissioner of Energy and Environmental Protection for deposit in the maintenance, repair and improvement account established pursuant to section 23-15b.
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71	71	This act shall take effect as follows and shall amend the following sections:
72	72	Section 1 October 1, 2016 22a-243
73	73	Sec. 2 October 1, 2016 22a-244(a)
74	74	Sec. 3 October 1, 2016 22a-245(d)
75	75	Sec. 4 October 1, 2016 22a-245a
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77	77	This act shall take effect as follows and shall amend the following sections:
78	78
79	79	Section 1
80	80
81	81	October 1, 2016
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83	83	22a-243
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85	85	Sec. 2
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87	87	October 1, 2016
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89	89	22a-244(a)
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91	91	Sec. 3
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93	93	October 1, 2016
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95	95	22a-245(d)
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97	97	Sec. 4
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99	99	October 1, 2016
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101	101	22a-245a
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103	103	Statement of Purpose:
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105	105	To apply the bottle bill to wine and liquor containers and designate unclaimed deposit refunds from the sale of such containers for the operation, maintenance and repair of state parks.
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107	107	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]