| 16 | | - | Section 1. Subsection (a) of section 22a-12 of the general statutes is |
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| 17 | | - | repealed and the following is substituted in lieu thereof (Effective from |
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| 18 | | - | passage): |
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| 19 | | - | (a) The council shall submit annually to the Governor an |
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| 20 | | - | environmental quality report, which shall set forth: (1) The status of the |
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| 21 | | - | major environmental categories including, but not limited to, the air, the |
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| 22 | | - | water and the land environment; (2) current and foreseeable trends in |
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| 23 | | - | the quality, management and utilization of the environment and the |
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| 24 | | - | effects of such trends on the social, economic and health requirements |
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| 25 | | - | of the state; (3) the adequacy of available natural resources for fulfilling |
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| 26 | | - | human and economic requirements of the state in the light of projected |
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| 27 | | - | population pressures; (4) a review of the programs and activities of the |
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| 28 | | - | state and local governments and private organizations, with particular |
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| 29 | | - | reference to their effect on the environment and on the conservation, |
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| 30 | | - | development and utilization of natural resources, including, but not |
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| 31 | | - | limited to, programs and measures of local governments implemented Substitute Senate Bill No. 895 |
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| 20 | + | Section 1. Subsection (a) of section 22a-12 of the general statutes is 1 |
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| 21 | + | repealed and the following is substituted in lieu thereof (Effective from 2 |
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| 22 | + | passage): 3 |
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| 23 | + | (a) The council shall submit annually to the Governor an 4 |
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| 24 | + | environmental quality report, which shall set forth: (1) The status of the 5 |
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| 25 | + | major environmental categories including, but not limited to, the air, the 6 |
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| 26 | + | water and the land environment; (2) current and foreseeable trends in 7 |
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| 27 | + | the quality, management and utilization of the environment and the 8 |
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| 28 | + | effects of such trends on the social, economic and health requirements 9 |
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| 29 | + | of the state; (3) the adequacy of available natural resources for fulfilling 10 |
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| 30 | + | human and economic requirements of the state in the light of projected 11 |
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| 31 | + | population pressures; (4) a review of the programs and activities of the 12 |
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| 32 | + | state and local governments and private organizations, with particular 13 |
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| 33 | + | reference to their effect on the environment and on the conservation, 14 |
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| 34 | + | development and utilization of natural resources, including, but not 15 |
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| 35 | + | limited to, programs and measures of local governments implemented 16 |
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| 36 | + | pursuant to subsection (d) of section 22a-244b; (5) a program for 17 Substitute Bill No. 895 |
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| 35 | | - | pursuant to subsection (d) of section 22a-244b; (5) a program for |
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| 36 | | - | remedying the deficiencies of existing programs and activities, together |
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| 37 | | - | with recommendations for legislation; and (6) the progress towards |
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| 38 | | - | achievement of the goals and objectives established in the state-wide |
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| 39 | | - | environmental plan. |
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| 40 | | - | Sec. 2. Section 22a-244 of the general statutes, as amended by section |
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| 41 | | - | 2 of public act 21-58 and section 9 of public act 22-1 of the November |
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| 42 | | - | special session, is repealed and the following is substituted in lieu |
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| 43 | | - | thereof (Effective January 1, 2024): |
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| 44 | | - | (a) (1) Every beverage container containing a carbonated beverage |
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| 45 | | - | sold or offered for sale in this state, except for any such beverage |
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| 46 | | - | containers sold or offered for sale for consumption on an interstate |
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| 47 | | - | passenger carrier, shall have a refund value. Such refund value shall not |
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| 48 | | - | be less than ten cents and shall be a uniform amount throughout the |
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| 49 | | - | distribution process in this state. (2) Every beverage container |
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| 50 | | - | containing a noncarbonated beverage sold or offered for sale in this state |
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| 51 | | - | shall have a refund value, except for beverage containers containing a |
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| 52 | | - | noncarbonated beverage that are (A) sold or offered for sale for |
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| 53 | | - | consumption on an interstate passenger carrier, or (B) that comprise any |
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| 54 | | - | dealer's existing inventory as of March 31, 2009. Such refund value shall |
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| 55 | | - | not be less than ten cents and shall be a uniform amount throughout the |
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| 56 | | - | distribution process in this state. |
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| 57 | | - | (b) Every beverage container sold or offered for sale in this state, that |
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| 58 | | - | has a refund value pursuant to subsection (a) of this section, shall clearly |
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| 59 | | - | indicate by embossing or by a stamp or by a label or other method |
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| 60 | | - | securely affixed to the beverage container (1) either the refund value of |
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| 61 | | - | the container or the words "return for deposit" or "return for refund" or |
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| 62 | | - | other words as approved by the Department of Energy and |
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| 63 | | - | Environmental Protection, and (2) either the word "Connecticut" or the |
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| 64 | | - | abbreviation "Ct.", provided this subdivision shall not apply to glass |
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| 65 | | - | beverage containers permanently marked or embossed with a brand Substitute Senate Bill No. 895 |
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| 39 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00895- |
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| 40 | + | R02-SB.docx } |
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| 41 | + | 2 of 5 |
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| 67 | | - | Public Act No. 23-76 3 of 4 |
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| 43 | + | remedying the deficiencies of existing programs and activities, together 18 |
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| 44 | + | with recommendations for legislation; and (6) the progress towards 19 |
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| 45 | + | achievement of the goals and objectives established in the state-wide 20 |
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| 46 | + | environmental plan. 21 |
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| 47 | + | Sec. 2. Section 22a-244 of the general statutes, as amended by section 22 |
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| 48 | + | 2 of public act 21-58 and section 9 of public act 22-1 of the November 23 |
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| 49 | + | special session, is repealed and the following is substituted in lieu 24 |
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| 50 | + | thereof (Effective January 1, 2024): 25 |
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| 51 | + | (a) (1) Every beverage container containing a carbonated beverage 26 |
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| 52 | + | sold or offered for sale in this state, except for any such beverage 27 |
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| 53 | + | containers sold or offered for sale for consumption on an interstate 28 |
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| 54 | + | passenger carrier, shall have a refund value. Such refund value shall not 29 |
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| 55 | + | be less than ten cents and shall be a uniform amount throughout the 30 |
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| 56 | + | distribution process in this state. (2) Every beverage container 31 |
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| 57 | + | containing a noncarbonated beverage sold or offered for sale in this state 32 |
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| 58 | + | shall have a refund value, except for beverage containers containing a 33 |
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| 59 | + | noncarbonated beverage that are (A) sold or offered for sale for 34 |
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| 60 | + | consumption on an interstate passenger carrier, or (B) that comprise any 35 |
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| 61 | + | dealer's existing inventory as of March 31, 2009. Such refund value shall 36 |
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| 62 | + | not be less than ten cents and shall be a uniform amount throughout the 37 |
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| 63 | + | distribution process in this state. 38 |
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| 64 | + | (b) Every beverage container sold or offered for sale in this state, that 39 |
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| 65 | + | has a refund value pursuant to subsection (a) of this section, shall clearly 40 |
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| 66 | + | indicate by embossing or by a stamp or by a label or other method 41 |
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| 67 | + | securely affixed to the beverage container (1) either the refund value of 42 |
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| 68 | + | the container or the words "return for deposit" or "return for refund" or 43 |
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| 69 | + | other words as approved by the Department of Energy and 44 |
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| 70 | + | Environmental Protection, and (2) either the word "Connecticut" or the 45 |
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| 71 | + | abbreviation "Ct.", provided this subdivision shall not apply to glass 46 |
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| 72 | + | beverage containers permanently marked or embossed with a brand 47 |
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| 73 | + | name. The provisions of this subsection shall not apply to any beverage 48 |
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| 74 | + | container that comprises any dealer's inventory as of December 31, 2022, 49 |
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| 75 | + | provided such beverage container was not required to have a refund 50 Substitute Bill No. 895 |
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| 69 | | - | name. The provisions of this subsection shall not apply to any beverage |
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| 70 | | - | container that comprises any dealer's inventory as of December 31, 2022, |
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| 71 | | - | provided such beverage container was not required to have a refund |
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| 72 | | - | value as of such date pursuant to the provisions of section 22a-243 and |
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| 73 | | - | this section. Nothing in this subsection shall be construed to prohibit the |
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| 74 | | - | sale or offering for sale of any beverage container that is embossed, |
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| 75 | | - | stamped, labeled or otherwise affixed with a refund value of five cents, |
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| 76 | | - | provided such beverage container comprises any dealer's or |
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| 77 | | - | distributor's inventory as of December 31, 2023. |
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| 78 | | - | (c) No person shall sell or offer for sale in this state any metal |
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| 79 | | - | beverage container (1) a part of which is designed to be detached in |
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| 80 | | - | order to open such container, or (2) that is connected to another |
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| 81 | | - | beverage container by a device constructed of a material which does not |
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| 82 | | - | decompose by photodegrada tion, chemical degradation or |
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| 83 | | - | biodegradation within a reasonable time after exposure to the elements. |
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| 84 | | - | (d) On and after January 1, 2024, each beverage container sold or |
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| 85 | | - | offered for sale in this state that has a refund value pursuant to |
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| 86 | | - | subsection (a) of this section, shall include a Universal Product Code |
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| 87 | | - | and barcode. Each deposit initiator shall provide such Universal |
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| 88 | | - | Product Code and barcode, with packaging information, to the reverse |
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| 89 | | - | vending machine system administrators and other system operators, |
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| 90 | | - | not less than thirty days prior to placement of any such beverage |
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| 91 | | - | container on the market. |
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| 92 | | - | Sec. 3. (NEW) (Effective from passage) (a) On and after January 1, 2024, |
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| 93 | | - | each distributor and dealer shall undertake efforts to educate consumers |
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| 94 | | - | of the ten cent redemption value for beverage containers. |
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| 95 | | - | (b) No person shall redeem more than two hundred forty beverage |
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| 96 | | - | containers at any one time at a dealer's reverse vending machine. |
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| 97 | | - | (c) For the purposes of this section, "distributor", "dealer", Substitute Senate Bill No. 895 |
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| 101 | | - | "consumer", "beverage container" and "reverse vending machine" each |
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| 102 | | - | have the same meaning as provided in section 22a-243 of the general |
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| 103 | | - | statutes. |
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| 82 | + | value as of such date pursuant to the provisions of section 22a-243 and 51 |
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| 83 | + | this section. Nothing in this subsection shall be construed to prohibit the 52 |
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| 84 | + | sale or offering for sale of any beverage container that is embossed, 53 |
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| 85 | + | stamped, labeled or otherwise affixed with a refund value of five cents, 54 |
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| 86 | + | provided such beverage container comprises any dealer's inventory as 55 |
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| 87 | + | of December 31, 2023. 56 |
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| 88 | + | (c) No person shall sell or offer for sale in this state any metal 57 |
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| 89 | + | beverage container (1) a part of which is designed to be detached in 58 |
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| 90 | + | order to open such container, or (2) that is connected to another 59 |
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| 91 | + | beverage container by a device constructed of a material which does not 60 |
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| 92 | + | decompose by photodegradation, chemical degradation or 61 |
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| 93 | + | biodegradation within a reasonable time after exposure to the elements. 62 |
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| 94 | + | (d) On and after January 1, 2024, each beverage container sold or 63 |
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| 95 | + | offered for sale in this state that has a refund value pursuant to 64 |
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| 96 | + | subsection (a) of this section, shall include a Universal Product Code 65 |
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| 97 | + | and barcode. Each deposit initiator shall provide such Universal 66 |
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| 98 | + | Product Code and barcode, with packaging information, to the reverse 67 |
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| 99 | + | vending machine system administrators and other system operators, 68 |
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| 100 | + | not less than thirty days prior to placement of any such beverage 69 |
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| 101 | + | container on the market. 70 |
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| 102 | + | Sec. 3. Subsection (d) of section 22a-245a of the general statutes is 71 |
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| 103 | + | repealed and the following is substituted in lieu thereof (Effective from 72 |
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| 104 | + | passage): 73 |
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| 105 | + | (d) (1) On or before April 30, 2009, each deposit initiator shall pay the 74 |
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| 106 | + | balance outstanding in the special account that is attributable to the 75 |
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| 107 | + | period from December 1, 2008, to March 31, 2009, inclusive, to the 76 |
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| 108 | + | Commissioner of Energy and Environmental Protection for deposit in 77 |
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| 109 | + | the General Fund. Thereafter, the balance outstanding in the special 78 |
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| 110 | + | account that is attributable to the immediately preceding calendar 79 |
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| 111 | + | quarter shall be paid by the deposit initiator one month after the close 80 |
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| 112 | + | of such quarter to the Commissioner of Energy and Environmental 81 |
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| 113 | + | Protection for deposit in the General Fund. If the amount of the required 82 Substitute Bill No. 895 |
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| 114 | + | |
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| 115 | + | |
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| 118 | + | 4 of 5 |
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| 119 | + | |
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| 120 | + | payment pursuant to this subdivision is not paid by the date seven days 83 |
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| 121 | + | after the due date, a penalty of ten per cent of the amount due shall be 84 |
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| 122 | + | added to the amount due. The amount due shall bear interest at the rate 85 |
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| 123 | + | of one and one-half per cent per month or fraction thereof, from the due 86 |
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| 124 | + | date. Any such penalty or interest shall not be paid from funds 87 |
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| 125 | + | maintained in the special account. 88 |
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| 126 | + | (2) On or before October 31, 2010, each deposit initiator shall pay the 89 |
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| 127 | + | balance outstanding in the special account that is attributable to the 90 |
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| 128 | + | period from July 1, 2010, to September 30, 2010, inclusive, to the 91 |
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| 129 | + | Commissioner of Revenue Services for deposit in the General Fund. 92 |
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| 130 | + | Subsequently, for the fiscal year ending June 30, 2023, ninety-five per 93 |
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| 131 | + | cent of the balance outstanding in the special account that is attributable 94 |
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| 132 | + | to the immediately preceding calendar quarter shall be paid by the 95 |
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| 133 | + | deposit initiator on or before the last day of the month next succeeding 96 |
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| 134 | + | the close of such quarter to the Commissioner of Revenue Services for 97 |
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| 135 | + | deposit in the General Fund, for the fiscal year ending June 30, 2024, 98 |
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| 136 | + | sixty-five per cent of the balance outstanding in the special account that 99 |
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| 137 | + | is attributable to the immediately preceding calendar quarter shall be 100 |
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| 138 | + | paid by the deposit initiator on or before the last day of the month next 101 |
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| 139 | + | succeeding the close of such quarter to the Commissioner of Revenue 102 |
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| 140 | + | Services for deposit in the General Fund, for the fiscal year ending June 103 |
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| 141 | + | 30, 2025, fifty-five per cent of the balance outstanding in the special 104 |
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| 142 | + | account that is attributable to the immediately preceding calendar 105 |
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| 143 | + | quarter shall be paid by the deposit initiator on or before the last day of 106 |
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| 144 | + | the month next succeeding the close of such quarter to the 107 |
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| 145 | + | Commissioner of Revenue Services for deposit in the General Fund and 108 |
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| 146 | + | for the fiscal year ending June 30, 2026, and each subsequent fiscal year 109 |
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| 147 | + | thereafter, forty-five per cent of the balance outstanding in the special 110 |
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| 148 | + | account that is attributable to the immediately preceding calendar 111 |
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| 149 | + | quarter shall be paid by the deposit initiator on or before the last day of 112 |
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| 150 | + | the month next succeeding the close of such quarter to the 113 |
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| 151 | + | Commissioner of Revenue Services for deposit in the General Fund. If 114 |
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| 152 | + | the amount of the required payment pursuant to this subdivision is not 115 |
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| 153 | + | 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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| 154 | + | |
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| 155 | + | |
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| 158 | + | 5 of 5 |
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| 159 | + | |
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| 160 | + | due and unpaid, or fifty dollars, whichever is greater, shall be imposed. 117 |
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| 161 | + | The amount due and unpaid shall bear interest at the rate of one per cent 118 |
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| 162 | + | per month or fraction thereof, from the due date. Any such penalty or 119 |
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| 163 | + | interest shall not be paid from funds maintained in such special account. 120 |
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| 164 | + | Such required payment shall be made by electronic funds transfer to the 121 |
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| 165 | + | Commissioner of Revenue Services, in the manner provided by chapter 122 |
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| 166 | + | 228g. 123 |
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| 167 | + | (3) Notwithstanding the provisions of subdivision (2) of this 124 |
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| 168 | + | subsection, the balances outstanding in the special account that are 125 |
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| 169 | + | attributable to the calendar quarters commencing July 1, 2023, and 126 |
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| 170 | + | October 1, 2023, shall not be paid by the deposit initiator on or before 127 |
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| 171 | + | the last day of the month next succeeding the close of such quarters to 128 |
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| 172 | + | the Commissioner of Revenue Services for deposit in the General Fund. 129 |
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| 173 | + | Such balances shall be retained in the special account by the deposit 130 |
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| 174 | + | initiator for the purpose of reimbursement of the ten cents refund value 131 |
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| 175 | + | for a redeemed beverage container in accordance with the provisions of 132 |
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| 176 | + | subsection (b) of this section and section 22a-244, as amended by this 133 |
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| 177 | + | act. 134 |
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| 178 | + | This act shall take effect as follows and shall amend the following |
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| 179 | + | sections: |
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| 180 | + | |
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| 181 | + | Section 1 from passage 22a-12(a) |
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| 182 | + | Sec. 2 January 1, 2024 22a-244 |
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| 183 | + | Sec. 3 from passage 22a-245a(d) |
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| 184 | + | |
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| 185 | + | ENV Joint Favorable Subst. |
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| 186 | + | FIN Joint Favorable |
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