SB 995 — AN ACT CONCERNING THE REDUCTION OF CERTAIN LAND-BASED MARINE AND FRESHWATER DEBRIS.

(2) such container or cap is not labeled in accordance with subsection (b) of section 22a-244, as amended by this act;

(3) such dealer sponsors, solely or with others, a redemption center which is located within a one-mile radius of such place of business and which accepts beverage containers and caps of the kind, size and brand sold by such dealer at such place of business;

or (4) there is established by others, a redemption center which is located within a one-mile radius of such place of business and which accepts beverage containers and caps of the kind, size and brand sold by such dealer at such place of business.

A dealer shall redeem an empty container or cap of a kind, size or brand the sale of which has been discontinued by such dealer for not less than sixty days after the last sale by the dealer of such kind, size or brand of beverage container or cap.

Sixty days before such date, the dealer shall post, at the point of sale, notice of the last date on which the discontinued kind, size or brand of beverage container or cap shall be redeemed.

(c) A distributor shall not refuse to accept from a dealer or from an operator of a redemption center, located and operated exclusively within the territory of the distributor or whose operator certifies to the distributor that redeemed containers or caps were from a dealer located within such territory, any empty beverage containers or caps of the kind, size and brand sold by the distributor, or refuse to pay to such dealer or redemption center operator the refund value of a beverage container or cap unless such container or cap contains materials which are foreign to the normal contents of the container or cap or unless such container or cap is not labeled in accordance with subsection (b) of section 22a-244, as amended by this act.

A distributor shall remove any empty beverage container or cap from the premises of a dealer serviced by the distributor or from the premises of a redemption center sponsored by dealers serviced by the distributor, provided such premises are located within the territory of the distributor.

The distributor shall pay the refund [value] values to dealers in accordance with the schedule for payment by the dealer to the distributor for full beverage containers and sealed caps and shall pay such refund [value] values to operators of redemption centers not more than twenty days after receipt of the empty container or cap.

For the purposes of this subsection, a redemption center shall be considered to be sponsored by a dealer if (1) the dealer refuses to redeem beverage containers or caps and refers consumers to the redemption center, or (2) there is an agreement between the dealer and the operator of the redemption center requiring the redemption center to remove empty beverage containers or caps from the premises of the dealer.

A distributor shall redeem an empty container or cap of a kind, size or brand of beverage container or cap the sale of which has been discontinued by the distributor for not less than one hundred fifty days after the last delivery of such kind, size or brand of beverage container or cap.

Not less than one hundred twenty days before the last date such containers or caps may be redeemed, the distributor shall notify such dealer who bought the discontinued kind, size or brand of beverage container or cap that such distributor shall not redeem an empty beverage container or cap of such kind, size or brand of beverage containers or caps.

(d) In addition to the refund value of a beverage container or cap, a distributor shall pay to any dealer or operator of a redemption center a handling fee of at least one and one-half cents for each container of beer or other malt beverage and one and one-half cents for each cap for such container and two cents for each beverage container of mineral waters, soda water and similar carbonated soft drinks or noncarbonated beverage and two cents for each cap for such container that is returned for redemption.

A distributor shall not be required to pay to a manufacturer the refund value of a nonrefillable beverage container.

(e) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 22a-243 to 22a-245, inclusive, as amended by this act.

Such regulations shall include, but not be limited to, provisions for the redemption of beverage containers and caps dispensed through automatic vending machines, the use of vending machines that dispense cash to consumers for redemption of beverage containers and caps, scheduling for redemption by dealers and distributors and for exemptions or modifications to the labeling requirement of section 22a-244, as amended by this act.

(f) For the purposes of this section, "refund value" means the refund [value] values established by subsection (a) of section 22a-244, as amended by this act.

Sec.

4.

Section 22a-245a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Each deposit initiator shall open a special interest-bearing account at a Connecticut branch of a financial institution, as defined in section 45a-557a, to the credit of the deposit initiator.

Each deposit initiator shall deposit in such account an amount equal to the refund [value] values established pursuant to subsection (a) of section 22a-244, as amended by this act, for each beverage container and cap sold by such deposit initiator.

Such deposit shall be made not more than one month after the date such beverage container and cap is sold.

[, provided for any beverage container sold during the period from December 1, 2008, to December 31, 2008, inclusive, such deposit shall be made not later than January 5, 2009.] All interest, dividends and returns earned on the special account shall be paid directly into such account.

Such moneys shall be kept separate and apart from all other moneys in the possession of the deposit initiator.

The amount required to be deposited pursuant to this section, when deposited, shall be held to be a special fund in trust for the state.

(b) (1) Any reimbursement of the refund value for a redeemed beverage container or cap shall be paid from the deposit initiator's special account, with such payment to be computed, subject to the provisions of subdivision (2) of this subsection, under the cash receipts and disbursements method of accounting, as described in Section 446(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding Internal Revenue Code of the United States, as amended from time to time.

(2) A deposit initiator may petition the Commissioner of Revenue Services for an alternate method of accounting by filing with such deposit initiator's return a statement of objections and other proposed alternate method of accounting, as such deposit initiator believes proper and equitable under the circumstances, that is accompanied by supporting details and proof.

The Commissioner of Revenue Services shall promptly notify such deposit initiator whether the proposed alternate method is accepted as reasonable and equitable and, if so accepted, shall adjust such deposit initiator's return and payment of reimbursement accordingly.

(c) (1) Each deposit initiator shall submit a report on March 15, 2009, for the period from December 1, 2008, to February 28, 2009, inclusive.

Each deposit initiator shall submit a report on July 31, 2009, for the period from March 1, 2009, to June 30, 2009, inclusive, and thereafter shall submit a quarterly report for the immediately preceding calendar quarter one month after the close of such quarter.

Each such report shall be submitted to the Commissioner of Energy and Environmental Protection, on a form prescribed by the commissioner and with such information as the commissioner deems necessary, including, but not limited to:

(A) The balance in the special account at the beginning of the quarter for which the report is prepared;

(B) a list of all deposits credited to such account during such quarter, including all refund values paid to the deposit initiator and all interest, dividends or returns received on the account;

(C) a list of all withdrawals from such account during such quarter, all service charges and overdraft charges on the account and all payments made pursuant to subsection (d) of this section;

and (D) the balance in the account at the close of the quarter for which the report is prepared.

(2) Each deposit initiator shall submit a report on October 31, 2010, for the calendar quarter beginning July 1, 2010.

Subsequently, each deposit initiator shall submit a quarterly report for the immediately preceding calendar quarter, on or before the last day of the month next succeeding the close of such quarter.

Each such report shall be submitted to the Commissioner of Revenue Services, on a form prescribed by the Commissioner of Revenue Services, and with such information as the Commissioner of Revenue Services deems necessary, including, but not limited to, the following information:

(A) The balance in the special account at the beginning of the quarter for which the report is prepared, (B) all deposits credited to such account during such quarter, including all refund values paid to the deposit initiator and all interest, dividends or returns received on such account, (C) all withdrawals from such account during such quarter, including all service charges and overdraft charges on such account and all payments made pursuant to subsection (d) of this section, and (D) the balance in such account at the close of the quarter for which the report is prepared.

Such quarterly report shall be filed electronically with the Commissioner of Revenue Services, in the manner provided by chapter 228g.

(d) (1) On or before April 30, 2009, each deposit initiator shall pay the balance outstanding in the special account that is attributable to the period from December 1, 2008, to March 31, 2009, inclusive, to the Commissioner of Energy and Environmental Protection for deposit in the General Fund.

Thereafter, the balance outstanding in the special account that is attributable to the immediately preceding calendar quarter shall be paid by the deposit initiator one month after the close of such quarter to the Commissioner of Energy and Environmental Protection for deposit in the General Fund.

If the amount of the required payment pursuant to this subdivision is not paid by the date seven days after the due date, a penalty of ten per cent of the amount due shall be added to the amount due.

The amount due shall bear interest at the rate of one and one-half per cent per month or fraction thereof, from the due date.

Any such penalty or interest shall not be paid from funds maintained in the special account.

(2) On or before October 31, 2010, each deposit initiator shall pay the balance outstanding in the special account that is attributable to the period from July 1, 2010, to September 30, 2010, inclusive, to the Commissioner of Revenue Services for deposit in the General Fund.

Subsequently, the balance outstanding in the special account that is attributable to the immediately preceding calendar quarter shall be paid by the deposit initiator on or before the last day of the month next succeeding the close of such quarter to the Commissioner of Revenue Services for deposit in the General Fund.

If the amount of the required payment pursuant to this subdivision is not paid on or before the due date, a penalty of ten per cent of the amount due and unpaid, or fifty dollars, whichever is greater, shall be imposed.

The amount due and unpaid shall bear interest at the rate of one per cent per month or fraction thereof, from the due date.

Any such penalty or interest shall not be paid from funds maintained in such special account.

Such required payment shall be made by electronic funds transfer to the Commissioner of Revenue Services, in the manner provided by chapter 228g.

(e) If moneys deposited in the special account are insufficient to pay for withdrawals authorized pursuant to subsection (b) of this section, the amount of such deficiency shall be subtracted from the next succeeding payment or payments due pursuant to subsection (d) of this section until the amount of the deficiency has been subtracted in full.

(f) The Commissioner of Revenue Services may examine the accounts and records of any deposit initiator maintained under this section or sections 22a-243 to 22a-245, inclusive, as amended by this act, and any related accounts and records, including receipts, disbursements and such other items as the Commissioner of Revenue Services deems appropriate.

(g) The Attorney General may, independently or upon complaint of the Commissioner of Energy and Environmental Protection or the Commissioner of Revenue Services, institute any appropriate action or proceeding to enforce any provision of this section or any regulation adopted pursuant to section 22a-245 to implement the provisions of this section.

(h) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 12-555a shall be deemed to apply to the provisions of this section, except any provision of sections 12-548, 12-550 to 12-554, inclusive, and 12-555a that is inconsistent with the provision in this section.

(i) Any payment required pursuant to this section shall be treated as a tax for purposes of sections 12-30b, 12-33a, 12-35a, 12-39g and 12-39h.

(j) Not later than July 1, 2010, the Department of Energy and Environmental Protection or successor agency shall establish a procedure that allows each such deposit initiator to take a credit against any payment made pursuant to subsection (d) of this section in the amount of the deposits refunded on beverage containers and caps which such deposit initiator donated for any charitable purpose.

Sec.

5.

Section 22a-245b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

Any manufacturer who bottles and sells two hundred fifty thousand or fewer beverage containers and caps for such containers containing a noncarbonated beverage that are twenty ounces or less in size each calendar year may apply to the Commissioner of Energy and Environmental Protection for an exemption from the requirements of sections 22a-244 to 22a-245a, inclusive, as amended by this act, with regard to such beverage containers containing noncarbonated beverages and caps for such containers.

Such application shall be accompanied by a sworn affidavit signed by such manufacturer or such manufacturer's authorized agent certifying such manufacturer bottles and sells two hundred fifty thousand or fewer of such beverage containers and caps for such containers per calendar year.

Any such application filed on or before April 1, 2009, shall be deemed automatically approved and such exemption shall remain valid until December 31, 2009.

Not later than November 1, 2009, and each year thereafter, each such manufacturer or such manufacturer's authorized agent may apply to the commissioner for an exemption in accordance with this section on a form prescribed by the commissioner.

The commissioner shall approve each such application not later than thirty days after the receipt of the application by the commissioner, provided the applicant satisfies the requirements of this section.

Sec.

6.

Section 22a-245c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

Any manufacturer, dealer or distributor of beverage containers containing noncarbonated beverages and caps may apply to the Governor or the Secretary of the Office of Policy and Management for a delay in the implementation of the requirements imposed by the provisions of sections 22a-244 to 22a-245a, inclusive, as amended by this act, with regard to such beverage containers containing noncarbonated beverages and caps.

Such application may be on a form prescribed by the Governor or the secretary.

The Governor or the secretary may delay the implementation of such requirements upon the showing of undue hardship to the industries affected by such requirements, but in no case shall such requirements for beverage containers be implemented later than October 1, 2009, and such requirements for caps be implemented not later than July 1, 2018.

Sec.

7.

(NEW) (Effective July 1, 2017) (a) No person shall engage in the act of smoking in any state park.

8.2.

(NEW) (Effective from passage) OnThe andRecycle afterCT OctoberFoundation, 1,Inc., 2017,established nopursuant personto section 22a-228a of the general statutes, shall dispenseundertake inefforts anyto statepromote parkpublic orinformation carryprograms intoand anyeducation stateactivities parkintended anyto increase awareness of the problems caused by marine debris such as beverage container caps, beverage containers, cigarette butts, single-use plastic straw,straws fork,and spoonsingle-use orplastic knife,eating orutensils, combinationand thereof,to thatdecrease isthe manufacturedpresence of marine debris in the waters of the state and intendedalong forthe disposalshorelines afterof onethe use.state.

The Commissioner of Energy and Environmental Protection may, within available appropriations, enforce the provisions of this section and establish a fine of not more than twenty-five dollars for any person who violates the provisions of this section on two or more occasions.

For any first violation of the provisions of this section, the commissioner shall provide a warning to such person.

Sec.

9.

(NEW) (Effective from passage) The Recycle CT Foundation, Inc., established pursuant to section 22a-228a of the general statutes, shall undertake efforts to promote public information programs and education activities intended to increase awareness of the problems caused by marine debris and decrease the presence of marine debris in the waters of the state and along the shorelines of the state.

10.3.

Section 1 July 1, 2017 22a-243New section Sec.

2 Julyfrom 1,passage 2017New 22a-244section Sec.

3 Julyfrom 1,passage 2017New 22a-245section Sec.ENV Joint Favorable Subst.

4 July 1, 2017 22a-245a Sec.

5 July 1, 2017 22a-245b Sec.

6 July 1, 2017 22a-245c Sec.

7 July 1, 2017 New section Sec.

8 from passage New section Sec.

9 from passage New section Sec.

10 from passage New section Statement of Purpose:

To decrease several of the principal sources of marine debris in the state, including bottle caps, nip bottles, plastic straws, plastic utensils and cigarette butts and promote awareness of the problems caused by marine debris while providing educational information on how to minimize such marine debris.

[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.]