Connecticut 2025 Regular Session

Connecticut Senate Bill SB01115 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3	3		LCO 5325 1 of 7
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5	5		General Assembly Committee Bill No. 1115
6	6		January Session, 2025
7	7		LCO No. 5325
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9	9
10	10		Referred to Committee on ENVIRONMENT
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12	12
13	13		Introduced by:
14	14		(ENV)
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18	18		AN ACT CONCERNING ENFORCEMENT OF CROSS-BORDER
19	19		BOTTLE REDEMPTION PROHIBITIONS.
20	20		Be it enacted by the Senate and House of Representatives in General
21	21		Assembly convened:
22	22
23	23		Section 1. Section 22a-245 of the general statutes is repealed and the 1
24	24		following is substituted in lieu thereof (Effective October 1, 2025): 2
25	25		(a) No person shall establish a redemption center without receiving 3
26	26		approval from and annually registering with the [commissioner] 4
27	27		Commissioner of Revenue Services on a form provided by the 5
28	28		commissioner with such information as the commissioner deems 6
29	29		necessary to approve the operation of the redemption center, including 7
30	30		(1) the name of the business principals of the redemption center and the 8
31	31		address of the business; (2) the name and address of the sponsors and 9
32	32		dealers to be served by the redemption center; (3) the types of beverage 10
33	33		containers to be accepted; (4) the hours of operation; [and] (5) whether 11
34	34		beverage containers will be accepted from consumers; (6) a floor plan 12
35	35		for such redemption center that provides for: (A) Adequate and sanitary 13
36	36		storage space, and (B) safe and sanitary loading, unloading and 14
37	37		vehicular access areas; and (7) records demonstrating sufficient financial 15 Committee Bill No. 1115
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39	39
40	40		LCO 5325 2 of 7
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42	42		resources to operate such redemption center. The operator of the 16
43	43		redemption center shall report any change in [procedure] operations to 17
44	44		the commissioner [within] not later than forty-eight hours [of] after such 18
45	45		change. Any person establishing a redemption center shall have the 19
46	46		right to determine what kind, size and brand of beverage container shall 20
47	47		be accepted. Any redemption center may be established to serve all 21
48	48		persons or to serve certain specified dealers and shall be subject to the 22
49	49		requirements of section 22a-245a, as amended by this act, and this 23
50	50		chapter. Any redemption center that accepts more than one thousand 24
51	51		two hundred containers from any one individual in one day shall create 25
52	52		and obtain from such person a record of such person's name, the license 26
53	53		plate number of any vehicle used to transport the containers to such 27
54	54		redemption center, the collection points of the empty containers and the 28
55	55		number of containers tendered. The redemption center shall obtain from 29
56	56		such person a certification that, to the best of such person's knowledge, 30
57	57		the beverage containers were originally sold as filled beverages in this 31
58	58		state and were not previously redeemed. The Commissioner of Revenue 32
59	59		Services shall establish a reasonable annual registration fee for each 33
60	60		redemption center to be used for partial funding of examination and 34
61	61		enforcement actions authorized under this section and subsections (g) 35
62	62		and (h) of section 22a-245a, as amended by this act. 36
63	63		(b) A dealer shall not refuse to accept at such dealer's place of 37
64	64		business, from any person any empty beverage containers of the kind, 38
65	65		size and brand sold by the dealer, or refuse to pay to such person the 39
66	66		refund value of a beverage container unless (1) such container contains 40
67	67		materials which are foreign to the normal contents of the container; (2) 41
68	68		such container is not labeled in accordance with subsection (b) of section 42
69	69		22a-244; (3) such dealer sponsors, solely or with others, a redemption 43
70	70		center which is located within a one-mile radius of such place of 44
71	71		business and which accepts beverage containers of the kind, size and 45
72	72		brand sold by such dealer at such place of business; or (4) there is 46
73	73		established by others, a redemption center which is located within a 47
74	74		one-mile radius of such place of business and which accepts beverage 48
75	75		containers of the kind, size and brand sold by such dealer at such place 49 Committee Bill No. 1115
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78	78		LCO 5325 3 of 7
79	79
80	80		of business. A dealer shall redeem an empty container of a kind, size or 50
81	81		brand the sale of which has been discontinued by such dealer for not 51
82	82		less than sixty days after the last sale by the dealer of such kind, size or 52
83	83		brand of beverage container. Sixty days before such date, the dealer 53
84	84		shall post, at the point of sale, notice of the last date on which the 54
85	85		discontinued kind, size or brand of beverage container shall be 55
86	86		redeemed. 56
87	87		(c) A distributor shall not refuse to accept from a dealer or from an 57
88	88		operator of a redemption center, located and operated exclusively 58
89	89		within the territory of the distributor or whose operator certifies to the 59
90	90		distributor that redeemed containers were from a dealer located within 60
91	91		such territory, any empty beverage containers of the kind, size and 61
92	92		brand sold by the distributor, or refuse to pay to such dealer or 62
93	93		redemption center operator the refund value of a beverage container 63
94	94		unless such container contains materials which are foreign to the normal 64
95	95		contents of the container or unless such container is not labeled in 65
96	96		accordance with subsection (b) of section 22a-244. A distributor shall 66
97	97		remove any empty beverage container from the premises of a dealer 67
98	98		serviced by the distributor or from the premises of a redemption center 68
99	99		sponsored by dealers serviced by the distributor, provided such 69
100	100		premises are located within the territory of the distributor. No dealer or 70
101	101		redemption center shall remove any beverage container from its 71
102	102		premises or transfer such containers between premises under its control 72
103	103		before tendering such containers for removal by a distributor. The 73
104	104		distributor shall pay the refund value to dealers in accordance with the 74
105	105		schedule for payment by the dealer to the distributor for full beverage 75
106	106		containers and shall pay such refund value to operators of redemption 76
107	107		centers not more than twenty days after receipt of the empty container. 77
108	108		For the purposes of this subsection, a redemption center shall be 78
109	109		considered to be sponsored by a dealer if (1) the dealer refuses to redeem 79
110	110		beverage containers and refers consumers to the redemption center, or 80
111	111		(2) there is an agreement between the dealer and the operator of the 81
112	112		redemption center requiring the redemption center to remove empty 82
113	113		beverage containers from the premises of the dealer. A distributor shall 83 Committee Bill No. 1115
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116	116		LCO 5325 4 of 7
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118	118		redeem an empty container of a kind, size or brand of beverage 84
119	119		container the sale of which has been discontinued by the distributor for 85
120	120		not less than one hundred fifty days after the last delivery of such kind, 86
121	121		size or brand of beverage container. Not less than one hundred twenty 87
122	122		days before the last date such containers may be redeemed, the 88
123	123		distributor shall notify such dealer who bought the discontinued kind, 89
124	124		size or brand of beverage container that such distributor shall not 90
125	125		redeem an empty beverage container of such kind, size or brand of 91
126	126		beverage containers. 92
127	127		(d) In addition to the refund value of a beverage container, a 93
128	128		distributor shall pay to any dealer or operator of a redemption center a 94
129	129		handling fee of at least two and one-half cents for each container of beer, 95
130	130		hard seltzer, hard cider or other malt beverage and three and one-half 96
131	131		cents for each beverage container of mineral waters, soda water and 97
132	132		similar carbonated soft drinks or noncarbonated beverage returned for 98
133	133		redemption. A distributor shall not be required to pay to a manufacturer 99
134	134		the refund value of a nonrefillable beverage container. 100
135	135		(e) The Commissioner of Energy and Environmental Protection shall 101
136	136		adopt regulations, in accordance with the provisions of chapter 54, to 102
137	137		implement the provisions of sections 22a-243 to 22a-245, inclusive, as 103
138	138		amended by this act. Such regulations shall include, but not be limited 104
139	139		to, provisions for the redemption of beverage containers dispensed 105
140	140		through automatic reverse vending machines, the use of vending 106
141	141		machines that reimburse consumers for the redemption value of 107
142	142		beverage containers, scheduling for redemption by dealers and 108
143	143		distributors and for exemptions or modifications to the labeling 109
144	144		requirement of section 22a-244. 110
145	145		(f) For the purposes of this section, "refund value" means the refund 111
146	146		value established by subsection (a) of section 22a-244. 112
147	147		(g) Notwithstanding the provisions of subsections (b) to (d), 113
148	148		inclusive, of this section, no person shall tender to a dealer, redemption 114
149	149		center, reverse vending machine, distributor or deposit initiator for the 115 Committee Bill No. 1115
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151	151
152	152		LCO 5325 5 of 7
153	153
154	154		purpose of obtaining a refund value or handling fee for any empty 116
155	155		beverage container that the person knows or has reason to know was 117
156	156		not originally sold in this state as a filled beverage container or that was 118
157	157		previously redeemed through a dealer, redemption center, reverse 119
158	158		vending machine, distributor or deposit initiator. 120
159	159		(h) Each dealer, redemption center or reverse vending machine 121
160	160		operator shall post where empty containers are redeemed a conspicuous 122
161	161		"Redemption Warning" sign using at least a one-inch font that states the 123
162	162		following: "Returning empty beverage containers for refund that were 124
163	163		not purchased in Connecticut or that were previously redeemed is 125
164	164		illegal. Any person who returns empty beverage containers that the 126
165	165		person knows or has reason to know were not originally sold in this 127
166	166		state as filled beverage containers or that were previously redeemed 128
167	167		shall be subject to fines and state enforcement action. Connecticut 129
168	168		General Statutes section 22a-245, as amended by this act.". 130
169	169		(i) Each operator of a redemption center and reverse vending 131
170	170		machine shall report monthly to the Commissioner of Energy and 132
171	171		Environmental Protection, on a form provided by the commissioner, the 133
172	172		number and type of containers such operator redeems, aggregated by 134
173	173		each town in which such operator operates and any such other 135
174	174		redemption information the commissioner deems necessary. 136
175	175		Sec. 2. Subsections (f) and (g) of section 22a-245a of the general 137
176	176		statutes are repealed and the following is substituted in lieu thereof 138
177	177		(Effective October 1, 2025): 139
178	178		(f) If moneys deposited in the special account are insufficient to pay 140
179	179		for withdrawals authorized pursuant to subsection (b) of this section, 141
180	180		the amount of such deficiency shall be subtracted from the next 142
181	181		succeeding payment or payments due pursuant to subsection (e) of this 143
182	182		section until the amount of the deficiency has been subtracted in full. 144
183	183		The Commissioner of Revenue Services shall remit from the General 145
184	184		Fund to a deposit initiator payment of the amount of any deficiency 146
185	185		credit accumulated by a deposit initiator plus the handling fee for each 147 Committee Bill No. 1115
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188	188		LCO 5325 6 of 7
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190	190		container paid by the deposit initiator in excess of the number of 148
191	191		containers sold by the deposit initiator through the quarter ending June 149
192	192		30, 2025. For any calendar quarter beginning September 30, 2025, if 150
193	193		moneys deposited in the special account are insufficient to pay for 151
194	194		withdrawals authorized pursuant to subsection (b) of this section, the 152
195	195		amount of such deficiency shall not be paid by the deposit initiator to 153
196	196		the Commissioner of Revenue Services and the commissioner shall 154
197	197		remit from the General Fund, to a deposit initiator, payment of the 155
198	198		amount of the refund value plus the handling fee for each container paid 156
199	199		by the deposit initiator in excess of the number of containers sold by the 157
200	200		deposit initiator during such quarter. 158
201	201		(g) The Commissioner of Revenue Services may examine the accounts 159
202	202		and records of any deposit initiator, dealer or redemption center 160
203	203		maintained under this section or sections 22a-243 to 22a-245, inclusive, 161
204	204		as amended by this act, and any related accounts and records, including 162
205	205		receipts, disbursements and such other items as the Commissioner of 163
206	206		Revenue Services deems appropriate. The Commissioner of Revenue 164
207	207		Services may hire employees in sufficient number to carry out the 165
208	208		examination and enforcement actions authorized under this subsection 166
209	209		and subsections (a) and (h) of this section. 167
210	210		Sec. 3. Section 22a-246 of the general statutes is repealed and the 168
211	211		following is substituted in lieu thereof (Effective October 1, 2025): 169
212	212		Any person who violates any provision of section 22a-244, 22a-245, 170
213	213		as amended by this act, or 22a-245a, as amended by this act, shall be 171
214	214		fined not less than fifty dollars nor more than one hundred dollars, and 172
215	215		for a second offense shall be fined not less than one hundred dollars nor 173
216	216		more than two hundred dollars and for a third or subsequent offense 174
217	217		shall be fined not less than two hundred fifty dollars or more than five 175
218	218		hundred dollars. The Commissioner of Revenue Services may, after 176
219	219		notice and hearing, suspend or revoke the registration of a person 177
220	220		operating a redemption center who violates any provision of subsection 178
221	221		(a) of section 22a-245, as amended by this act, or subsection (c) of section 179
222	222		22a-245, as amended by this act, or impose a fine of not less than five 180 Committee Bill No. 1115
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224	224
225	225		LCO 5325 7 of 7
226	226
227	227		hundred dollars and not more than one thousand dollars for each such 181
228	228		offense. Any person aggrieved by such action of the Commissioner of 182
229	229		Revenue Services may appeal such action, in accordance with section 4-183
230	230		183. 184
231	231		This act shall take effect as follows and shall amend the following
232	232		sections:
233	233
234	234		Section 1 October 1, 2025 22a-245
235	235		Sec. 2 October 1, 2025 22a-245a(f) and (g)
236	236		Sec. 3 October 1, 2025 22a-246
237	237
238	238		ENV Joint Favorable
239		-	JUD Joint Favorable
240	239