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General Assembly Raised Bill No. 5340
February Session, 2020
LCO No. 2000
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING TH E MODERNIZATION OF THE
CONNECTICUT BOTTLE R EDEMPTION PROGRAM.
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 Section 22a-243 of the general statutes is repealed and the 1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, 2021): 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] mineral 11
water; 12
(3) "Beverage container" means the individual, separate, sealed glass, 13
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metal or plastic bottle, can, jar or carton containing a carbonated or 14
noncarbonated beverage, but does not include a bottle, can, jar or carton 15
(A) three liters or more in size if containing a noncarbonated beverage, 16
or (B) made of high-density polyethylene; 17
(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 beverages 20
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 a 31
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 empty 35
beverage containers from dealers and to prepare such containers for 36
redemption by the appropriate distributors; 37
(10) "Use or consumption" includes the exercise of any right or power 38
over a beverage incident to the ownership thereof, other than the sale or 39
the keeping or retention of a beverage for the purposes of sale; 40
(11) "Nonrefillable beverage container" means a beverage container 41
which is not designed to be refilled and reused in its original shape; and 42
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(12) "Deposit initiator" means the first distributor to collect the 43
deposit on a beverage container sold to any person within this state. 44
Sec. 2. Section 22a-244 of the general statutes is repealed and the 45
following is substituted in lieu thereof (Effective July 1, 2023): 46
(a) (1) Every beverage container containing a carbonated beverage 47
sold or offered for sale in this state, except for any such beverage 48
containers sold or offered for sale for consumption on an interstate 49
passenger carrier, shall have a refund value. Such refund value shall not 50
be less than [five] ten cents and shall be a uniform amount throughout 51
the distribution process in this state. (2) Every beverage container 52
containing a noncarbonated beverage sold or offered for sale in this state 53
shall have a refund value, except for beverage containers containing a 54
noncarbonated beverage that are (A) sold or offered for sale for 55
consumption on an interstate passenger carrier, or (B) that comprise any 56
dealer's existing inventory as of March 31, 2009. Such refund value shall 57
not be less than [five] ten cents and shall be a uniform amount 58
throughout the distribution process in this state. 59
(b) Every beverage container sold or offered for sale in this state, that 60
has a refund value pursuant to subsection (a) of this section, shall clearly 61
indicate by embossing or by a stamp or by a label or other method 62
securely affixed to the beverage container (1) either the refund value of 63
the container or the words "return for deposit" or "return for refund" or 64
other words as approved by the Department of Energy and 65
Environmental Protection, and (2) either the word "Connecticut" or the 66
abbreviation "Ct.", provided this subdivision shall not apply to glass 67
beverage containers permanently marked or embossed with a brand 68
name. 69
(c) No person shall sell or offer for sale in this state any metal 70
beverage container (1) a part of which is designed to be detached in 71
order to open such container, or (2) that is connected to another 72
beverage container by a device constructed of a material which does not 73
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decompose by photodegradation, chemical degradation or 74
biodegradation within a reasonable time after exposure to the elements. 75
Sec. 3. Section 22a-245 of the general statutes is repealed and the 76
following is substituted in lieu thereof (Effective July 1, 2021): 77
(a) No person shall establish a redemption center without registering 78
with the commissioner on a form provided by the commissioner with 79
such information as the commissioner deems necessary including (1) the 80
name of the business principals of the redemption center and the 81
address of the business; (2) the name and address of the sponsors and 82
dealers to be served by the redemption center; (3) the types of beverage 83
containers to be accepted; (4) the hours of operation; and (5) whether 84
beverage containers will be accepted from consumers. The operator of 85
the redemption center shall report any change in procedure to the 86
commissioner within forty-eight hours of such change. Any person 87
establishing a redemption center shall have the right to determine what 88
kind, size and brand of beverage container shall be accepted. Any 89
redemption center may be established to serve all persons or to serve 90
certain specified dealers. 91
(b) A dealer shall not refuse to accept at such dealer's place of 92
business, from any person any empty beverage containers of the kind, 93
size and brand sold by the dealer, or refuse to pay to such person the 94
refund value of a beverage container unless (1) such container contains 95
materials which are foreign to the normal contents of the container; (2) 96
such container is not labeled in accordance with subsection (b) of section 97
22a-244, as amended by this act; (3) such dealer sponsors, solely or with 98
others, a redemption center which is located within a one-mile radius of 99
such place of business and which accepts beverage containers of the 100
kind, size and brand sold by such dealer at such place of business; or (4) 101
there is established by others, a redemption center which is located 102
within a one-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. A dealer shall redeem an empty container of a 105
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kind, size or brand the sale of which has been discontinued by such 106
dealer for not less than sixty days after the last sale by the dealer of such 107
kind, size or brand of beverage container. Sixty days before such date, 108
the dealer shall post, at the point of sale, notice of the last date on which 109
the discontinued kind, size or brand of beverage container shall be 110
redeemed. 111
(c) A distributor shall not refuse to accept from a dealer or from an 112
operator of a redemption center, located and operated exclusively 113
within the territory of the distributor or whose operator certifies to the 114
distributor that redeemed containers were from a dealer located within 115
such territory, any empty beverage containers of the kind, size and 116
brand sold by the distributor, or refuse to pay to such dealer or 117
redemption center operator the refund value of a beverage container 118
unless such container contains materials which are foreign to the normal 119
contents of the container or unless such container is not labeled in 120
accordance with subsection (b) of section 22a-244, as amended by this 121
act. A distributor shall remove any empty beverage container from the 122
premises of a dealer serviced by the distributor or from the premises of 123
a redemption center sponsored by dealers serviced by the distributor, 124
provided such premises are located within the territory of the 125
distributor. The distributor shall pay the refund value to dealers in 126
accordance with the schedule for payment by the dealer to the 127
distributor for full beverage containers and shall pay such refund value 128
to operators of redemption centers not more than twenty days after 129
receipt of the empty container. For the purposes of this subsection, a 130
redemption center shall be considered to be sponsored by a dealer if (1) 131
the dealer refuses to redeem beverage containers and refers consumers 132
to the redemption center, or (2) there is an agreement between the dealer 133
and the operator of the redemption center requiring the redemption 134
center to remove empty beverage containers from the premises of the 135
dealer. A distributor shall redeem an empty container of a kind, size or 136
brand of beverage container the sale of which has been discontinued by 137
the distributor for not less than one hundred fifty days after the last 138
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delivery of such kind, size or brand of beverage container. Not less than 139
one hundred twenty days before the last date such containers may be 140
redeemed, the distributor shall notify such dealer who bought the 141
discontinued kind, size or brand of beverage container that such 142
distributor shall not redeem an empty beverage container of such kind, 143
size or brand of beverage containers. 144
(d) In addition to the refund value of a beverage container, a 145
distributor shall pay to any dealer or operator of a redemption center a 146
handling fee of at least [one] three and one-half cents for each container 147
of beer or other malt beverage and [two] three and one-half cents for 148
each beverage container of mineral waters, soda water and similar 149
carbonated soft drinks or noncarbonated beverage returned for 150
redemption. A distributor shall not be required to pay to a manufacturer 151
the refund value of a nonrefillable beverage container. 152
(e) The Commissioner of Energy and Environmental Protection shall 153
adopt regulations, in accordance with the provisions of chapter 54, to 154
implement the provisions of sections 22a-243 to 22a-245, inclusive, as 155
amended by this act. Such regulations shall include, but not be limited 156
to, provisions for the redemption of beverage containers dispensed 157
through automatic vending machines, the use of vending machines that 158
dispense cash to consumers for redemption of beverage containers, 159
scheduling for redemption by dealers and distributors and for 160
exemptions or modifications to the labeling requirement of section 22a-161
244, as amended by this act. 162
(f) For the purposes of this section, "refund value" means the refund 163
value established by subsection (a) of section 22a-244, as amended by 164
this act. 165
Sec. 4. Section 22a-245a of the general statutes is repealed and the 166
following is substituted in lieu thereof (Effective July 1, 2021): 167
(a) Each deposit initiator shall open a special interest-bearing account 168
at a Connecticut branch of a financial institution, as defined in section 169
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45a-557a, to the credit of the deposit initiator. Each deposit initiator shall 170
deposit in such account an amount equal to the refund value established 171
pursuant to subsection (a) of section 22a-244, as amended by this act, for 172
each beverage container sold by such deposit initiator. Such deposit 173
shall be made not more than one month after the date such beverage 174
container is sold, provided for any beverage container sold during the 175
period from December 1, 2008, to December 31, 2008, inclusive, such 176
deposit shall be made not later than January 5, 2009. All interest, 177
dividends and returns earned on the special account shall be paid 178
directly into such account. Such moneys shall be kept separate and apart 179
from all other moneys in the possession of the deposit initiator. The 180
amount required to be deposited pursuant to this section, when 181
deposited, shall be held to be a special fund in trust for the state. 182
(b) (1) Any reimbursement of the refund value for a redeemed 183
beverage container shall be paid from the deposit initiator's special 184
account, with such payment to be computed, subject to the provisions 185
of subdivision (2) of this subsection, under the cash receipts and 186
disbursements method of accounting, as described in Section 446(c)(1) 187
of the Internal Revenue Code of 1986, or any subsequent corresponding 188
Internal Revenue Code of the United States, as amended from time to 189
time. 190
(2) A deposit initiator may petition the Commissioner of Revenue 191
Services for an alternate method of accounting by filing with such 192
deposit initiator's return a statement of objections and other proposed 193
alternate method of accounting, as such deposit initiator believes proper 194
and equitable under the circumstances, that is accompanied by 195
supporting details and proof. The Commissioner of Revenue Services 196
shall promptly notify such deposit initiator whether the proposed 197
alternate method is accepted as reasonable and equitable and, if so 198
accepted, shall adjust such deposit initiator's return and payment of 199
reimbursement accordingly. 200
(c) (1) Each deposit initiator shall submit a report on March 15, 2009, 201
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for the period from December 1, 2008, to February 28, 2009, inclusive. 202
Each deposit initiator shall submit a report on July 31, 2009, for the 203
period from March 1, 2009, to June 30, 2009, inclusive, and thereafter 204
shall submit a quarterly report for the immediately preceding calendar 205
quarter one month after the close of such quarter. Each such report shall 206
be submitted to the Commissioner of Energy and Environmental 207
Protection, on a form prescribed by the commissioner and with such 208
information as the commissioner deems necessary, including, but not 209
limited to: (A) The balance in the special account at the beginning of the 210
quarter for which the report is prepared; (B) a list of all deposits credited 211
to such account during such quarter, including all refund values paid to 212
the deposit initiator and all interest, dividends or returns received on 213
the account; (C) a list of all withdrawals from such account during such 214
quarter, all service charges and overdraft charges on the account and all 215
payments made pursuant to subsection (d) of this section; and (D) the 216
balance in the account at the close of the quarter for which the report is 217
prepared. 218
(2) Each deposit initiator shall submit a report on October 31, 2010, 219
for the calendar quarter beginning July 1, 2010. Subsequently, each 220
deposit initiator shall submit a quarterly report for the immediately 221
preceding calendar quarter, on or before the last day of the month next 222
succeeding the close of such quarter. Each such report shall be 223
submitted to the Commissioner of Revenue Services, on a form 224
prescribed by the Commissioner of Revenue Services, and with such 225
information as the Commissioner of Revenue Services deems necessary, 226
including, but not limited to, the following information: (A) The balance 227
in the special account at the beginning of the quarter for which the 228
report is prepared, (B) all deposits credited to such account during such 229
quarter, including all refund values paid to the deposit initiator and all 230
interest, dividends or returns received on such account, (C) all 231
withdrawals from such account during such quarter, including all 232
service charges and overdraft charges on such account and all payments 233
made pursuant to subsection (d) of this section, and (D) the balance in 234
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such account at the close of the quarter for which the report is prepared. 235
Such quarterly report shall be filed electronically with the 236
Commissioner of Revenue Services, in the manner provided by chapter 237
228g. 238
(d) (1) On or before April 30, 2009, each deposit initiator shall pay the 239
balance outstanding in the special account that is attributable to the 240
period from December 1, 2008, to March 31, 2009, inclusive, to the 241
Commissioner of Energy and Environmental Protection for deposit in 242
the General Fund. Thereafter, the balance outstanding in the special 243
account that is attributable to the immediately preceding calendar 244
quarter shall be paid by the deposit initiator one month after the close 245
of such quarter to the Commissioner of Energy and Environmental 246
Protection for deposit in the General Fund. If the amount of the required 247
payment pursuant to this subdivision is not paid by the date seven days 248
after the due date, a penalty of ten per cent of the amount due shall be 249
added to the amount due. The amount due shall bear interest at the rate 250
of one and one-half per cent per month or fraction thereof, from the due 251
date. Any such penalty or interest shall not be paid from funds 252
maintained in the special account. 253
(2) On or before October 31, 2010, each deposit initiator shall pay the 254
balance outstanding in the special account that is attributable to the 255
period from July 1, 2010, to September 30, 2010, inclusive, to the 256
Commissioner of Revenue Services for deposit in the General Fund. 257
Subsequently, for the fiscal years ending June 30, 2022, and June 30, 258
2023, eighty-two per cent of the balance outstanding in the special 259
account that is attributable to the immediately preceding calendar 260
quarter shall be paid by the deposit initiator on or before the last day of 261
the month next succeeding the close of such quarter to the 262
Commissioner of Revenue Services for deposit in the General Fund and 263
for the fiscal year ending June 30, 2024, and each subsequent fiscal year 264
thereafter, eighty per cent of the balance outstanding in the special 265
account that is attributable to the immediately preceding calendar 266
quarter shall be paid by the deposit initiator on or before the last day of 267
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the month next succeeding the close of such quarter to t he 268
Commissioner of Revenue Services for deposit in the General Fund. If 269
the amount of the required payment pursuant to this subdivision is not 270
paid on or before the due date, a penalty of ten per cent of the amount 271
due and unpaid, or fifty dollars, whichever is greater, shall be imposed. 272
The amount due and unpaid shall bear interest at the rate of one per cent 273
per month or fraction thereof, from the due date. Any such penalty or 274
interest shall not be paid from funds maintained in such special account. 275
Such required payment shall be made by electronic funds transfer to the 276
Commissioner of Revenue Services, in the manner provided by chapter 277
228g. 278
(e) If moneys deposited in the special account are insufficient to pay 279
for withdrawals authorized pursuant to subsection (b) of this section, 280
the amount of such deficiency shall be subtracted from the next 281
succeeding payment or payments due pursuant to subsection (d) of this 282
section until the amount of the deficiency has been subtracted in full. 283
(f) The Commissioner of Revenue Services may examine the accounts 284
and records of any deposit initiator maintained under this section or 285
sections 22a-243 to 22a-245, inclusive, as amended by this act, and any 286
related accounts and records, including receipts, disbursements and 287
such other items as the Commissioner of Revenue Services deems 288
appropriate. 289
(g) The Attorney General may, independently or upon complaint of 290
the Commissioner of Energy and Environmental Protection or the 291
Commissioner of Revenue Services, institute any appropriate action or 292
proceeding to enforce any provision of this section or any regulation 293
adopted pursuant to section 22a-245, as amended by this act, to 294
implement the provisions of this section. 295
(h) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 296
12-555a shall be deemed to apply to the provisions of this section, except 297
any provision of sections 12-548, 12-550 to 12-554, inclusive, and 12-555a 298
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that is inconsistent with the provision in this section. 299
(i) Any payment required pursuant to this section shall be treated as 300
a tax for purposes of sections 12-30b, 12-33a, 12-35a, 12-39g and 12-39h. 301
(j) Not later than July 1, 2010, the Department of Energy and 302
Environmental Protection or successor agency shall establish a 303
procedure that allows each such deposit initiator to take a credit against 304
any payment made pursuant to subsection (d) of this section in the 305
amount of the deposits refunded on beverage containers which such 306
deposit initiator donated for any charitable purpose. 307
Sec. 5. (NEW) (Effective October 1, 2020) The state shall have a 308
redemption goal of ninety per cent for beverage containers, as defined 309
in section 22a-243 of the general statutes, as amended by this act. The 310
Commissioner of Energy and Environmental Protection may develop a 311
strategy for attaining such goal. In developing any such strategy, the 312
commissioner shall consult with municipalities, dealers and redemption 313
centers, as defined in section 22a-243 of the general statutes, as amended 314
by this act. The commissioner may report to the General Assembly and 315
the Governor, from time to time, on the status of the state's attainment 316
of such goal and any legislative recommendations for enabling such 317
attainment or increasing such goal. 318
Sec. 6. Section 22a-245b of the general statutes is repealed and the 319
following is substituted in lieu thereof (Effective July 1, 2021): 320
Any manufacturer who bottles and sells: [two] (1) Two hundred fifty 321
thousand or fewer beverage containers containing a noncarbonated 322
beverage that are twenty ounces or less in size each calendar year, or (2) 323
one hundred thousand gallons or less of juice in beverage containers 324
each calendar year, may apply to the Commissioner of Energy and 325
Environmental Protection for an exemption from the requirements of 326
sections 22a-244 to 22a-245a, inclusive, as amended by this act, with 327
regard to such beverage containers containing noncarbonated 328
beverages or with regard to such one hundred thousand gallons or less 329
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of juice in beverage containers. Such application shall be accompanied 330
by a sworn affidavit signed by such manufacturer or such 331
manufacturer's authorized agent certifying such manufacturer bottles 332
and sells two hundred fifty thousand or fewer of such beverage 333
containers per calendar year or bottles and sells one hundred thousand 334
gallons or less of juice in beverage containers per calendar year. Any 335
such application filed on or before April 1, 2009, shall be deemed 336
automatically approved and such exemption shall remain valid until 337
December 31, 2009. Not later than November 1, 2009, and each year 338
thereafter, each such manufacturer or such manufacturer's authorized 339
agent may apply to the commissioner for an exemption in accordance 340
with this section on a form prescribed by the commissioner. The 341
commissioner shall approve each such application not later than thirty 342
days after the receipt of the application by the commissioner, provided 343
the applicant satisfies the requirements of this section. 344
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 22a-243
Sec. 2 July 1, 2023 22a-244
Sec. 3 July 1, 2021 22a-245
Sec. 4 July 1, 2021 22a-245a
Sec. 5 October 1, 2020 New section
Sec. 6 July 1, 2021 22a-245b
Statement of Purpose:
To modernize the functioning of the Connecticut Bottle Bill by
expanding its coverage and increasing certain fees paid pursuant to the
bottle redemption program.
[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.]