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General Assembly Substitute Bill No. 895
January Session, 2023
AN ACT CONCERNING DEPOSIT INITIATOR ACCOUNTS, THE
LABELING OF CERTAIN BEVERAGE CONTAINERS AND THE
REVIEW OF MUNICIPAL PROGRAMS FUNDED BY NIP PAYMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 22a-12 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) The council shall submit annually to the Governor an 4
environmental quality report, which shall set forth: (1) The status of 5
the major environmental categories including, but not limited to, the 6
air, the water and the land environment; (2) current and foreseeable 7
trends in the quality, management and utilization of the environment 8
and the effects of such trends on the social, economic and health 9
requirements of the state; (3) the adequacy of available natural 10
resources for fulfilling human and economic requirements of the state 11
in the light of projected population pressures; (4) a review of the 12
programs and activities of the state and local governments and private 13
organizations, with particular reference to their effect on the 14
environment and on the conservation, development and utilization of 15
natural resources, including, but not limited to, programs and 16
measures of local governments implemented pursuant to subsection 17
(d) of section 22a-244b; (5) a program for remedying the deficiencies of 18 Substitute Bill No. 895
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existing programs and activities, together with recommendations for 19
legislation; and (6) the progress towards achievement of the goals and 20
objectives established in the state-wide environmental plan. 21
Sec. 2. Section 22a-244 of the general statutes, as amended by section 22
2 of public act 21-58 and section 9 of public act 22-1 of the November 23
special session, is repealed and the following is substituted in lieu 24
thereof (Effective January 1, 2024): 25
(a) (1) Every beverage container containing a carbonated beverage 26
sold or offered for sale in this state, except for any such beverage 27
containers sold or offered for sale for consumption on an interstate 28
passenger carrier, shall have a refund value. Such refund value shall 29
not be less than ten cents and shall be a uniform amount throughout 30
the distribution process in this state. (2) Every beverage container 31
containing a noncarbonated beverage sold or offered for sale in this 32
state shall have a refund value, except for beverage containers 33
containing a noncarbonated beverage that are (A) sold or offered for 34
sale for consumption on an interstate passenger carrier, or (B) that 35
comprise any dealer's existing inventory as of March 31, 2009. Such 36
refund value shall not be less than ten cents and shall be a uniform 37
amount throughout the distribution process in this state. 38
(b) Every beverage container sold or offered for sale in this state, 39
that has a refund value pursuant to subsection (a) of this section, shall 40
clearly indicate by embossing or by a stamp or by a label or other 41
method securely affixed to the beverage container (1) either the refund 42
value of the container or the words "return for deposit" or "return for 43
refund" or other words as approved by the Department of Energy and 44
Environmental Protection, and (2) either the word "Connecticut" or the 45
abbreviation "Ct.", provided this subdivision shall not apply to glass 46
beverage containers permanently marked or embossed with a brand 47
name. The provisions of this subsection shall not apply to any 48
beverage container that comprises any dealer's inventory as of 49
December 31, 2022, provided such beverage container was not 50
required to have a refund value as of such date pursuant to the 51 Substitute Bill No. 895
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provisions of section 22a-243 and this section. Nothing in this 52
subsection shall be construed to prohibit the sale or offering for sale of 53
any beverage container that is embossed, stamped, labeled or 54
otherwise affixed with a refund value of five cents, provided such 55
beverage container comprises any dealer's inventory as of December 56
31, 2023. 57
(c) No person shall sell or offer for sale in this state any metal 58
beverage container (1) a part of which is designed to be detached in 59
order to open such container, or (2) that is connected to another 60
beverage container by a device constructed of a material which does 61
not decompose by photodegradation, chemical degradation or 62
biodegradation within a reasonable time after exposure to the 63
elements. 64
(d) On and after January 1, 2024, each beverage container sold or 65
offered for sale in this state that has a refund value pursuant to 66
subsection (a) of this section, shall include a Universal Product Code 67
and barcode. Each deposit initiator shall provide such Universal 68
Product Code and barcode, with packaging information, to the reverse 69
vending machine system administrators and other system operators, 70
not less than thirty days prior to placement of any such beverage 71
container on the market. 72
Sec. 3. Subsection (d) of section 22a-245a of the general statutes is 73
repealed and the following is substituted in lieu thereof (Effective from 74
passage): 75
(d) (1) On or before April 30, 2009, each deposit initiator shall pay 76
the balance outstanding in the special account that is attributable to the 77
period from December 1, 2008, to March 31, 2009, inclusive, to the 78
Commissioner of Energy and Environmental Protection for deposit in 79
the General Fund. Thereafter, the balance outstanding in the special 80
account that is attributable to the immediately preceding calendar 81
quarter shall be paid by the deposit initiator one month after the close 82
of such quarter to the Commissioner of Energy and Environmental 83 Substitute Bill No. 895
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Protection for deposit in the General Fund. If the amount of the 84
required payment pursuant to this subdivision is not paid by the date 85
seven days after the due date, a penalty of ten per cent of the amount 86
due shall be added to the amount due. The amount due shall bear 87
interest at the rate of one and one-half per cent per month or fraction 88
thereof, from the due date. Any such penalty or interest shall not be 89
paid from funds maintained in the special account. 90
(2) On or before October 31, 2010, each deposit initiator shall pay the 91
balance outstanding in the special account that is attributable to the 92
period from July 1, 2010, to September 30, 2010, inclusive, to the 93
Commissioner of Revenue Services for deposit in the General Fund. 94
Subsequently, for the fiscal year ending June 30, 2023, ninety-five per 95
cent of the balance outstanding in the special account that is 96
attributable to the immediately preceding calendar quarter shall be 97
paid by the deposit initiator on or before the last day of the month next 98
succeeding the close of such quarter to the Commissioner of Revenue 99
Services for deposit in the General Fund, for the fiscal year ending June 100
30, 2024, sixty-five per cent of the balance outstanding in the special 101
account that is attributable to the immediately preceding calendar 102
quarter shall be paid by the deposit initiator on or before the last day 103
of the month next succeeding the close of such quarter to the 104
Commissioner of Revenue Services for deposit in the General Fund, for 105
the fiscal year ending June 30, 2025, fifty-five per cent of the balance 106
outstanding in the special account that is attributable to the 107
immediately preceding calendar quarter shall be paid by the deposit 108
initiator on or before the last day of the month next succeeding the 109
close of such quarter to the Commissioner of Revenue Services for 110
deposit in the General Fund and for the fiscal year ending June 30, 111
2026, and each subsequent fiscal year thereafter, forty-five per cent of 112
the balance outstanding in the special account that is attributable to the 113
immediately preceding calendar quarter shall be paid by the deposit 114
initiator on or before the last day of the month next succeeding the 115
close of such quarter to the Commissioner of Revenue Services for 116
deposit in the General Fund. If the amount of the required payment 117 Substitute Bill No. 895
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pursuant to this subdivision is not paid on or before the due date, a 118
penalty of ten per cent of the amount due and unpaid, or fifty dollars, 119
whichever is greater, shall be imposed. The amount due and unpaid 120
shall bear interest at the rate of one per cent per month or fraction 121
thereof, from the due date. Any such penalty or interest shall not be 122
paid from funds maintained in such special account. Such required 123
payment shall be made by electronic funds transfer to the 124
Commissioner of Revenue Services, in the manner provided by 125
chapter 228g. 126
(3) Notwithstanding the provisions of subdivision (2) of this 127
subsection, the balances outstanding in the special account that are 128
attributable to the calendar quarters commencing July 1, 2023, and 129
October 1, 2023, shall not be paid by the deposit initiator on or before 130
the last day of the month next succeeding the close of such quarters to 131
the Commissioner of Revenue Services for deposit in the General 132
Fund. Such balances shall be retained in the special account by the 133
deposit initiator for the purpose of reimbursement of the ten cents 134
refund value for a redeemed beverage container in accordance with 135
the provisions of subsection (b) of this section and section 22a-244, as 136
amended by this act. 137
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-12(a)
Sec. 2 January 1, 2024 22a-244
Sec. 3 from passage 22a-245a(d)
ENV Joint Favorable Subst.