HB 7294 — AN ACT CONCERNING BOTTLE REDEMPTION IN THE STATE.

General Assembly RaisedSubstitute Bill No.

7294 January Session, 2019 LCOAN No.ACT CONCERNING BOTTLE REDEMPTION IN THE STATE.

5226 Referred to Committee on ENVIRONMENT Introduced by:

(ENV) AN ACT CONCERNING BOTTLE REDEMPTION IN THE STATE.

(3) "Beverage container" means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing a carbonated LCOor No.noncarbonated beverage, but does not include a bottle, can, jar or carton (A) three liters or more in size if containing a noncarbonated beverage, or (B) made of high-density polyethylene;

5226LCO 1\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07294-R01 of 1112 RaisedHB.docx Substitute Bill No.7294No. or noncarbonated beverage, but does not include a bottle, can, jar or carton (A) three liters or more in size if containing a noncarbonated beverage, or (B) made of high-density polyethylene;

7294 (4) "Consumer" means every person who purchases a beverage in a beverage container for use or consumption;

and LCO(12) No."Deposit initiator" means the first distributor to collect the deposit on a beverage container sold to any person within this state.

5226LCO 2{\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07292 of 1112 RaisedR02-HB.docx Bill} No.7294Substitute (12)Bill "DepositNo. initiator" means the first distributor to collect the deposit on a beverage container sold to any person within this state.

7294 Sec.

(c) No person shall sell or offer for sale in this state any metal beverage container (1) a part of which is designed to be detached in order to open such container, or (2) that is connected to another beverage container by a device constructed of a material which does not decompose by photodegradation, chemical degradation or LCObiodegradation No.within a reasonable time after exposure to the elements.

5226LCO 3{\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07293 of 1112 RaisedR02-HB.docx Bill} No.7294Substitute biodegradationBill withinNo. a reasonable time after exposure to the elements.

7294 Sec.

A dealer shall redeem an empty container 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07294 of 12 R02-HB.docx } Substitute Bill No.

52267294 4 of 11 Raised Bill No.7294 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.

A distributor shall redeem an empty container of a kind, size or brand of beverage container 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 LCObeverage No.container.

5226Not 5less than one hundred twenty days before the last date such containers may be redeemed, the distributor shall notify LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07295 of 1112 RaisedR02-HB.docx Bill} No.7294Substitute beverageBill container.No.

Not7294 less than one hundred twenty days before the last date such containers may be redeemed, the distributor shall notify such dealer who bought the discontinued kind, size or brand of beverage container that such distributor shall not redeem an empty beverage container of such kind, size or brand of beverage containers.

Each deposit initiator shall deposit in such account an amount equal to the refund value established pursuant to subsection (a) of section 22a-244, as LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07296 of 12 R02-HB.docx } Substitute Bill No.

52267294 6 of 11 Raised Bill No.7294 value established pursuant to subsection (a) of section 22a-244, as amended by this act, for each beverage container sold by such deposit initiator.

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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07297 of 12 R02-HB.docx } Substitute Bill No.

52267294 7 of 11 Raised Bill No.7294 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.

Such quarterly report shall be filed electronically with the Commissioner of Revenue Services, in the manner provided LCOby No.chapter 228g.

5226LCO 8{\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07298 of 1112 RaisedR02-HB.docx Bill} No.7294Substitute byBill chapterNo. 228g.

7294 (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.

LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299 of 12 R02-HB.docx } Substitute Bill No.

52267294 9 of 11 Raised Bill No.7294 (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.

(NEW) (Effective October 1, 2019) The state shall have a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07210 of 12 R02-HB.docx } Substitute Bill No.

5226 10 of 11 Raised Bill No.

Sec.

6.

Section 22a-245b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

Any manufacturer who bottles and sells:

[two] (1) Two hundred fifty thousand or fewer beverage containers containing a noncarbonated beverage that are twenty ounces or less in size each calendar year, or (2) one hundred thousand gallons or less of juice in beverage containers 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 or with regard to such one hundred thousand gallons or less of juice in beverage 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 per calendar year or bottles and sells one hundred thousand gallons or less of juice in beverage 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07211 of 12 R02-HB.docx } Substitute Bill No.

7294 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.

Section 1 July 1, 2020 22a-243 July 1, 2022 Sec.