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 Section 22a-243 of the general statutes is repealed and the 1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