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repealed and the following is substituted in lieu thereof (Effective from 2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special session, is repealed and the following is substituted in lieu 24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