Connecticut 2019 Regular Session

Connecticut House Bill HB07294 Compare Versions

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7	7		General Assembly Substitute Bill No. 7294
8	8		January Session, 2019
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14	14		AN ACT CONCERNING BO TTLE REDEMPTION IN THE STATE.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18	18		Section 1. Section 22a-243 of the general statutes is repealed and the 1
19	19		following is substituted in lieu thereof (Effective July 1, 2020): 2
20	20		For purposes of sections 22a-243 to 22a-245c, inclusive: 3
21	21		(1) "Carbonated beverage" means beer or other malt beverages, and 4
22	22		mineral waters, soda water and similar carbonated soft drinks in liquid 5
23	23		form and intended for human consumption; 6
24	24		(2) "Noncarbonated beverage" means water, including flavored 7
25	25		water, nutritionally enhanced water, juice, tea, sports drink or energy 8
26	26		drink and any beverage that is identified through the use of letters, 9
27	27		words or symbols on such beverage's product label as a type of water, 10
28	28		juice, tea, sports drink or energy drink but excluding [juice and] 11
29	29		mineral water; 12
30	30		(3) "Beverage container" means the individual, separate, sealed 13
31	31		glass, metal or plastic bottle, can, jar or carton containing a carbonated 14
32	32		or noncarbonated beverage, but does not include a bottle, can, jar or 15
33	33		carton (A) three liters or more in size if containing a noncarbonated 16
34	34		beverage, or (B) made of high-density polyethylene; 17 Substitute Bill No. 7294
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41	41		(4) "Consumer" means every person who purchases a beverage in a 18
42	42		beverage container for use or consumption; 19
43	43		(5) "Dealer" means every person who engages in the sale of 20
44	44		beverages in beverage containers to a consumer; 21
45	45		(6) "Distributor" means every person who engages in the sale of 22
46	46		beverages in beverage containers to a dealer in this state including any 23
47	47		manufacturer who engages in such sale and includes a dealer who 24
48	48		engages in the sale of beverages in beverage containers on which no 25
49	49		deposit has been collected prior to retail sale; 26
50	50		(7) "Manufacturer" means every person bottling, canning or 27
51	51		otherwise filling beverage containers for sale to distributors or dealers 28
52	52		or, in the case of private label brands, the owner of the private label 29
53	53		trademark; 30
54	54		(8) "Place of business of a dealer" means the fixed location at which 31
55	55		a dealer sells or offers for sale beverages in beverage containers to 32
56	56		consumers; 33
57	57		(9) "Redemption center" means any facility established to redeem 34
58	58		empty beverage containers from consumers or to collect and sort 35
59	59		empty beverage containers from dealers and to prepare such 36
60	60		containers for redemption by the appropriate distributors; 37
61	61		(10) "Use or consumption" includes the exercise of any right or 38
62	62		power over a beverage incident to the ownership thereof, other than 39
63	63		the sale or the keeping or retention of a beverage for the purposes of 40
64	64		sale; 41
65	65		(11) "Nonrefillable beverage container" means a beverage container 42
66	66		which is not designed to be refilled and reused in its original shape; 43
67	67		and 44
68	68		(12) "Deposit initiator" means the first distributor to collect the 45
69	69		deposit on a beverage container sold to any person within this state. 46 Substitute Bill No. 7294
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76	76		Sec. 2. Section 22a-244 of the general statutes is repealed and the 47
77	77		following is substituted in lieu thereof (Effective July 1, 2022): 48
78	78		(a) (1) Every beverage container containing a carbonated beverage 49
79	79		sold or offered for sale in this state, except for any such beverage 50
80	80		containers sold or offered for sale for consumption on an interstate 51
81	81		passenger carrier, shall have a refund value. Such refund value shall 52
82	82		not be less than [five] ten cents and shall be a uniform amount 53
83	83		throughout the distribution process in this state. (2) Every beverage 54
84	84		container containing a noncarbonated beverage sold or offered for sale 55
85	85		in this state shall have a refund value, except for beverage containers 56
86	86		containing a noncarbonated beverage that are (A) sold or offered for 57
87	87		sale for consumption on an interstate passenger carrier, or (B) that 58
88	88		comprise any dealer's existing inventory as of March 31, 2009. Such 59
89	89		refund value shall not be less than [five] ten cents and shall be a 60
90	90		uniform amount throughout the distribution process in this state. 61
91	91		(b) Every beverage container sold or offered for sale in this state, 62
92	92		that has a refund value pursuant to subsection (a) of this section, shall 63
93	93		clearly indicate by embossing or by a stamp or by a label or other 64
94	94		method securely affixed to the beverage container (1) either the refund 65
95	95		value of the container or the words "return for deposit" or "return for 66
96	96		refund" or other words as approved by the Department of Energy and 67
97	97		Environmental Protection, and (2) either the word "Connecticut" or the 68
98	98		abbreviation "Ct.", provided this subdivision shall not apply to glass 69
99	99		beverage containers permanently marked or embossed with a brand 70
100	100		name. 71
101	101		(c) No person shall sell or offer for sale in this state any metal 72
102	102		beverage container (1) a part of which is designed to be detached in 73
103	103		order to open such container, or (2) that is connected to another 74
104	104		beverage container by a device constructed of a material which does 75
105	105		not decompose by photodegradation, chemical degradation or 76
106	106		biodegradation within a reasonable time after exposure to the 77
107	107		elements. 78 Substitute Bill No. 7294
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114	114		Sec. 3. Section 22a-245 of the general statutes is repealed and the 79
115	115		following is substituted in lieu thereof (Effective July 1, 2020): 80
116	116		(a) No person shall establish a redemption center without 81
117	117		registering with the commissioner on a form provided by the 82
118	118		commissioner with such information as the commissioner deems 83
119	119		necessary including (1) the name of the business principals of the 84
120	120		redemption center and the address of the business; (2) the name and 85
121	121		address of the sponsors and dealers to be served by the redemption 86
122	122		center; (3) the types of beverage containers to be accepted; (4) the hours 87
123	123		of operation; and (5) whether beverage containers will be accepted 88
124	124		from consumers. The operator of the redemption center shall report 89
125	125		any change in procedure to the commissioner within forty-eight hours 90
126	126		of such change. Any person establishing a redemption center shall 91
127	127		have the right to determine what kind, size and brand of beverage 92
128	128		container shall be accepted. Any redemption center may be established 93
129	129		to serve all persons or to serve certain specified dealers. 94
130	130		(b) A dealer shall not refuse to accept at such dealer's place of 95
131	131		business, from any person any empty beverage containers of the kind, 96
132	132		size and brand sold by the dealer, or refuse to pay to such person the 97
133	133		refund value of a beverage container unless (1) such container contains 98
134	134		materials which are foreign to the normal contents of the container; (2) 99
135	135		such container is not labeled in accordance with subsection (b) of 100
136	136		section 22a-244, as amended by this act; (3) such dealer sponsors, solely 101
137	137		or with others, a redemption center which is located within a [one-102
138	138		mile] five-mile radius of such place of business and which accepts 103
139	139		beverage containers of the kind, size and brand sold by such dealer at 104
140	140		such place of business; or (4) there is established by others, a 105
141	141		redemption center which is located within a [one-mile] five-mile 106
142	142		radius of such place of business and which accepts beverage containers 107
143	143		of the kind, size and brand sold by such dealer at such place of 108
144	144		business. A dealer shall redeem an empty container of a kind, size or 109
145	145		brand the sale of which has been discontinued by such dealer for not 110
146	146		less than sixty days after the last sale by the dealer of such kind, size or 111 Substitute Bill No. 7294
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153	153		brand of beverage container. Sixty days before such date, the dealer 112
154	154		shall post, at the point of sale, notice of the last date on which the 113
155	155		discontinued kind, size or brand of beverage container shall be 114
156	156		redeemed. 115
157	157		(c) A distributor shall not refuse to accept from a dealer or from an 116
158	158		operator of a redemption center, located and operated exclusively 117
159	159		within the territory of the distributor or whose operator certifies to the 118
160	160		distributor that redeemed containers were from a dealer located within 119
161	161		such territory, any empty beverage containers of the kind, size and 120
162	162		brand sold by the distributor, or refuse to pay to such dealer or 121
163	163		redemption center operator the refund value of a beverage container 122
164	164		unless such container contains materials which are foreign to the 123
165	165		normal contents of the container or unless such container is not labeled 124
166	166		in accordance with subsection (b) of section 22a-244, as amended by 125
167	167		this act. A distributor shall remove any empty beverage container from 126
168	168		the premises of a dealer serviced by the distributor or from the 127
169	169		premises of a redemption center sponsored by dealers serviced by the 128
170	170		distributor, provided such premises are located within the territory of 129
171	171		the distributor. The distributor shall pay the refund value to dealers in 130
172	172		accordance with the schedule for payment by the dealer to the 131
173	173		distributor for full beverage containers and shall pay such refund 132
174	174		value to operators of redemption centers not more than twenty days 133
175	175		after receipt of the empty container. For the purposes of this 134
176	176		subsection, a redemption center shall be considered to be sponsored by 135
177	177		a dealer if (1) the dealer refuses to redeem beverage containers and 136
178	178		refers consumers to the redemption center, or (2) there is an agreement 137
179	179		between the dealer and the operator of the redemption center 138
180	180		requiring the redemption center to remove empty beverage containers 139
181	181		from the premises of the dealer. A distributor shall redeem an empty 140
182	182		container of a kind, size or brand of beverage container the sale of 141
183	183		which has been discontinued by the distributor for not less than one 142
184	184		hundred fifty days after the last delivery of such kind, size or brand of 143
185	185		beverage container. Not less than one hundred twenty days before the 144
186	186		last date such containers may be redeemed, the distributor shall notify 145 Substitute Bill No. 7294
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193	193		such dealer who bought the discontinued kind, size or brand of 146
194	194		beverage container that such distributor shall not redeem an empty 147
195	195		beverage container of such kind, size or brand of beverage containers. 148
196	196		(d) In addition to the refund value of a beverage container, a 149
197	197		distributor shall pay to any dealer or operator of a redemption center a 150
198	198		handling fee of at least [one] three and one-half cents for each 151
199	199		container of beer or other malt beverage and [two] four and one-half 152
200	200		cents for each beverage container of mineral waters, soda water and 153
201	201		similar carbonated soft drinks or noncarbonated beverage returned for 154
202	202		redemption. A distributor shall not be required to pay to a 155
203	203		manufacturer the refund value of a nonrefillable beverage container. 156
204	204		(e) The Commissioner of Energy and Environmental Protection shall 157
205	205		adopt regulations, in accordance with the provisions of chapter 54, to 158
206	206		implement the provisions of sections 22a-243 to 22a-245, inclusive, as 159
207	207		amended by this act. Such regulations shall include, but not be limited 160
208	208		to, provisions for the redemption of beverage containers dispensed 161
209	209		through automatic vending machines, the use of vending machines 162
210	210		that dispense cash to consumers for redemption of beverage 163
211	211		containers, scheduling for redemption by dealers and distributors and 164
212	212		for exemptions or modifications to the labeling requirement of section 165
213	213		22a-244, as amended by this act. 166
214	214		(f) For the purposes of this section, "refund value" means the refund 167
215	215		value established by subsection (a) of section 22a-244, as amended by 168
216	216		this act. 169
217	217		Sec. 4. Section 22a-245a of the general statutes is repealed and the 170
218	218		following is substituted in lieu thereof (Effective July 1, 2020): 171
219	219		(a) Each deposit initiator shall open a special interest-bearing 172
220	220		account at a Connecticut branch of a financial institution, as defined in 173
221	221		section 45a-557a, to the credit of the deposit initiator. Each deposit 174
222	222		initiator shall deposit in such account an amount equal to the refund 175
223	223		value established pursuant to subsection (a) of section 22a-244, as 176 Substitute Bill No. 7294
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230	230		amended by this act, for each beverage container sold by such deposit 177
231	231		initiator. Such deposit shall be made not more than one month after 178
232	232		the date such beverage container is sold, provided for any beverage 179
233	233		container sold during the period from December 1, 2008, to December 180
234	234		31, 2008, inclusive, such deposit shall be made not later than January 5, 181
235	235		2009. All interest, dividends and returns earned on the special account 182
236	236		shall be paid directly into such account. Such moneys shall be kept 183
237	237		separate and apart from all other moneys in the possession of the 184
238	238		deposit initiator. The amount required to be deposited pursuant to this 185
239	239		section, when deposited, shall be held to be a special fund in trust for 186
240	240		the state. 187
241	241		(b) (1) Any reimbursement of the refund value for a redeemed 188
242	242		beverage container shall be paid from the deposit initiator's special 189
243	243		account, with such payment to be computed, subject to the provisions 190
244	244		of subdivision (2) of this subsection, under the cash receipts and 191
245	245		disbursements method of accounting, as described in Section 446(c)(1) 192
246	246		of the Internal Revenue Code of 1986, or any subsequent 193
247	247		corresponding Internal Revenue Code of the United States, as 194
248	248		amended from time to time. 195
249	249		(2) A deposit initiator may petition the Commissioner of Revenue 196
250	250		Services for an alternate method of accounting by filing with such 197
251	251		deposit initiator's return a statement of objections and other proposed 198
252	252		alternate method of accounting, as such deposit initiator believes 199
253	253		proper and equitable under the circumstances, that is accompanied by 200
254	254		supporting details and proof. The Commissioner of Revenue Services 201
255	255		shall promptly notify such deposit initiator whether the proposed 202
256	256		alternate method is accepted as reasonable and equitable and, if so 203
257	257		accepted, shall adjust such deposit initiator's return and payment of 204
258	258		reimbursement accordingly. 205
259	259		(c) (1) Each deposit initiator shall submit a report on March 15, 2009, 206
260	260		for the period from December 1, 2008, to February 28, 2009, inclusive. 207
261	261		Each deposit initiator shall submit a report on July 31, 2009, for the 208
262	262		period from March 1, 2009, to June 30, 2009, inclusive, and thereafter 209 Substitute Bill No. 7294
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269	269		shall submit a quarterly report for the immediately preceding calendar 210
270	270		quarter one month after the close of such quarter. Each such report 211
271	271		shall be submitted to the Commissioner of Energy and Environmental 212
272	272		Protection, on a form prescribed by the commissioner and with such 213
273	273		information as the commissioner deems necessary, including, but not 214
274	274		limited to: (A) The balance in the special account at the beginning of 215
275	275		the quarter for which the report is prepared; (B) a list of all deposits 216
276	276		credited to such account during such quarter, including all refund 217
277	277		values paid to the deposit initiator and all interest, dividends or 218
278	278		returns received on the account; (C) a list of all withdrawals from such 219
279	279		account during such quarter, all service charges and overdraft charges 220
280	280		on the account and all payments made pursuant to subsection (d) of 221
281	281		this section; and (D) the balance in the account at the close of the 222
282	282		quarter for which the report is prepared. 223
283	283		(2) Each deposit initiator shall submit a report on October 31, 2010, 224
284	284		for the calendar quarter beginning July 1, 2010. Subsequently, each 225
285	285		deposit initiator shall submit a quarterly report for the immediately 226
286	286		preceding calendar quarter, on or before the last day of the month next 227
287	287		succeeding the close of such quarter. Each such report shall be 228
288	288		submitted to the Commissioner of Revenue Services, on a form 229
289	289		prescribed by the Commissioner of Revenue Services, and with such 230
290	290		information as the Commissioner of Revenue Services deems 231
291	291		necessary, including, but not limited to, the following information: (A) 232
292	292		The balance in the special account at the beginning of the quarter for 233
293	293		which the report is prepared, (B) all deposits credited to such account 234
294	294		during such quarter, including all refund values paid to the deposit 235
295	295		initiator and all interest, dividends or returns received on such 236
296	296		account, (C) all withdrawals from such account during such quarter, 237
297	297		including all service charges and overdraft charges on such account 238
298	298		and all payments made pursuant to subsection (d) of this section, and 239
299	299		(D) the balance in such account at the close of the quarter for which the 240
300	300		report is prepared. Such quarterly report shall be filed electronically 241
301	301		with the Commissioner of Revenue Services, in the manner provided 242
302	302		by chapter 228g. 243 Substitute Bill No. 7294
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309	309		(d) (1) On or before April 30, 2009, each deposit initiator shall pay 244
310	310		the balance outstanding in the special account that is attributable to the 245
311	311		period from December 1, 2008, to March 31, 2009, inclusive, to the 246
312	312		Commissioner of Energy and Environmental Protection for deposit in 247
313	313		the General Fund. Thereafter, the balance outstanding in the special 248
314	314		account that is attributable to the immediately preceding calendar 249
315	315		quarter shall be paid by the deposit initiator one month after the close 250
316	316		of such quarter to the Commissioner of Energy and Environmental 251
317	317		Protection for deposit in the General Fund. If the amount of the 252
318	318		required payment pursuant to this subdivision is not paid by the date 253
319	319		seven days after the due date, a penalty of ten per cent of the amount 254
320	320		due shall be added to the amount due. The amount due shall bear 255
321	321		interest at the rate of one and one-half per cent per month or fraction 256
322	322		thereof, from the due date. Any such penalty or interest shall not be 257
323	323		paid from funds maintained in the special account. 258
324	324		(2) On or before October 31, 2010, each deposit initiator shall pay the 259
325	325		balance outstanding in the special account that is attributable to the 260
326	326		period from July 1, 2010, to September 30, 2010, inclusive, to the 261
327	327		Commissioner of Revenue Services for deposit in the General Fund. 262
328	328		Subsequently, eighty per cent of the balance outstanding in the special 263
329	329		account that is attributable to the immediately preceding calendar 264
330	330		quarter shall be paid by the deposit initiator on or before the last day 265
331	331		of the month next succeeding the close of such quarter to the 266
332	332		Commissioner of Revenue Services for deposit in the General Fund. If 267
333	333		the amount of the required payment pursuant to this subdivision is not 268
334	334		paid on or before the due date, a penalty of ten per cent of the amount 269
335	335		due and unpaid, or fifty dollars, whichever is greater, shall be 270
336	336		imposed. The amount due and unpaid shall bear interest at the rate of 271
337	337		one per cent per month or fraction thereof, from the due date. Any 272
338	338		such penalty or interest shall not be paid from funds maintained in 273
339	339		such special account. Such required payment shall be made by 274
340	340		electronic funds transfer to the Commissioner of Revenue Services, in 275
341	341		the manner provided by chapter 228g. 276 Substitute Bill No. 7294
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348	348		(e) If moneys deposited in the special account are insufficient to pay 277
349	349		for withdrawals authorized pursuant to subsection (b) of this section, 278
350	350		the amount of such deficiency shall be subtracted from the next 279
351	351		succeeding payment or payments due pursuant to subsection (d) of 280
352	352		this section until the amount of the deficiency has been subtracted in 281
353	353		full. 282
354	354		(f) The Commissioner of Revenue Services may examine the 283
355	355		accounts and records of any deposit initiator maintained under this 284
356	356		section or sections 22a-243 to 22a-245, inclusive, as amended by this 285
357	357		act, and any related accounts and records, including receipts, 286
358	358		disbursements and such other items as the Commissioner of Revenue 287
359	359		Services deems appropriate. 288
360	360		(g) The Attorney General may, independently or upon complaint of 289
361	361		the Commissioner of Energy and Environmental Protection or the 290
362	362		Commissioner of Revenue Services, institute any appropriate action or 291
363	363		proceeding to enforce any provision of this section or any regulation 292
364	364		adopted pursuant to section 22a-245, as amended by this act, to 293
365	365		implement the provisions of this section. 294
366	366		(h) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 295
367	367		12-555a shall be deemed to apply to the provisions of this section, 296
368	368		except any provision of sections 12-548, 12-550 to 12-554, inclusive, and 297
369	369		12-555a that is inconsistent with the provision in this section. 298
370	370		(i) Any payment required pursuant to this section shall be treated as 299
371	371		a tax for purposes of sections 12-30b, 12-33a, 12-35a, 12-39g and 12-39h. 300
372	372		(j) Not later than July 1, 2010, the Department of Energy and 301
373	373		Environmental Protection or successor agency shall establish a 302
374	374		procedure that allows each such deposit initiator to take a credit 303
375	375		against any payment made pursuant to subsection (d) of this section in 304
376	376		the amount of the deposits refunded on beverage containers which 305
377	377		such deposit initiator donated for any charitable purpose. 306
378	378		Sec. 5. (NEW) (Effective October 1, 2019) The state shall have a 307 Substitute Bill No. 7294
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385	385		redemption goal of ninety per cent for beverage containers, as defined 308
386	386		in section 22a-243 of the general statutes, as amended by this act. The 309
387	387		Commissioner of Energy and Environmental Protection may develop a 310
388	388		strategy for attaining such goal. In developing any such strategy, the 311
389	389		commissioner shall consult with municipalities, dealers and 312
390	390		redemption centers, as defined in section 22a-243 of the general 313
391	391		statutes, as amended by this act. The commissioner may report to the 314
392	392		General Assembly and the Governor, from time to time, on the status 315
393	393		of the state's attainment of such goal and any legislative 316
394	394		recommendations for enabling such attainment or increasing such 317
395	395		goal. 318
396	396		Sec. 6. Section 22a-245b of the general statutes is repealed and the 319
397	397		following is substituted in lieu thereof (Effective October 1, 2019): 320
398	398		Any manufacturer who bottles and sells: [two] (1) Two hundred 321
399	399		fifty thousand or fewer beverage containers containing a 322
400	400		noncarbonated beverage that are twenty ounces or less in size each 323
401	401		calendar year, or (2) one hundred thousand gallons or less of juice in 324
402	402		beverage containers each calendar year, may apply to the 325
403	403		Commissioner of Energy and Environmental Protection for an 326
404	404		exemption from the requirements of sections 22a-244 to 22a-245a, 327
405	405		inclusive, as amended by this act, with regard to such beverage 328
406	406		containers containing noncarbonated beverages or with regard to such 329
407	407		one hundred thousand gallons or less of juice in beverage containers. 330
408	408		Such application shall be accompanied by a sworn affidavit signed by 331
409	409		such manufacturer or such manufacturer's authorized agent certifying 332
410	410		such manufacturer bottles and sells two hundred fifty thousand or 333
411	411		fewer of such beverage containers per calendar year or bottles and sells 334
412	412		one hundred thousand gallons or less of juice in beverage containers 335
413	413		per calendar year. Any such application filed on or before April 1, 336
414	414		2009, shall be deemed automatically approved and such exemption 337
415	415		shall remain valid until December 31, 2009. Not later than November 1, 338
416	416		2009, and each year thereafter, each such manufacturer or such 339
417	417		manufacturer's authorized agent may apply to the commissioner for an 340 Substitute Bill No. 7294
418	418
419	419
420	420		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07294-
421		-	~~R02~~-HB.docx }
	421	+	R01-HB.docx }
422	422		12 of 12
423	423
424	424		exemption in accordance with this section on a form prescribed by the 341
425	425		commissioner. The commissioner shall approve each such application 342
426	426		not later than thirty days after the receipt of the application by the 343
427	427		commissioner, provided the applicant satisfies the requirements of this 344
428	428		section. 345
429	429		This act shall take effect as follows and shall amend the following
430	430		sections:
431	431
432	432		Section 1 July 1, 2020 22a-243
433	433		Sec. 2 July 1, 2022 22a-244
434	434		Sec. 3 July 1, 2020 22a-245
435	435		Sec. 4 July 1, 2020 22a-245a
436	436		Sec. 5 October 1, 2019 New section
437	437		Sec. 6 October 1, 2019 22a-245b
438	438
439	439		ENV Joint Favorable Subst.
440		-	FIN Joint Favorable
441	440