Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 6206

   
 

*SB0099606206SDO*

Offered by:

 

SEN. KENNEDY, 12th Dist.

 

To: Subst. Senate Bill No. 996

File No. 417

Cal. No. 212

"AN ACT ESTABLISHING A BOTTLE RECYCLING FEE IN LIEU OF A REFUNDABLE DEPOSIT. "

Strike section 1 in its entirety and insert the following in lieu thereof:

"Section 1. (NEW) (Effective October 1, 2017) (a) For purposes of this section:

(1) "Early recycling fee beverage" means any beverage that is a juice, tea, sports drink, spirit or alcohol;

(2) "Beverage container" means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing an early recycling fee beverage, but does not include a bottle, can, jar or carton of more than fifty milliliters in size if containing a spirit or alcohol;

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

(4) "Dealer" means every person who engages in the sale of early recycling fee beverages in beverage containers to a consumer;

(5) "Distributor" means every person who engages in the sale of early recycling fee beverages in beverage containers to a dealer in this state including any manufacturer who engages in such sale and includes a dealer who engages in the sale of early recycling fee beverages in beverage containers on which no recycling fee has been collected prior to retail sale;

(6) "Manufacturer" means every person bottling, canning or otherwise filling beverage containers for sale to distributors or dealers or, in the case of private label brands, the owner of the private label trademark;

(7) "Place of business of a dealer" means the fixed location at which a dealer sells or offers for sale early recycling fee beverages in beverage containers to consumers;

(8) "Use or consumption" includes the exercise of any right or power over an early recycling fee beverage incident to the ownership thereof, other than the sale or the keeping or retention of an early recycling fee beverage for the purposes of sale; and

(9) "Recycling fee initiator" means the first dealer to collect the recycling fee on a beverage container sold to any person within this state.

(b) Every beverage container containing an early recycling fee beverage sold or offered for sale in this state, except for any such beverage containers sold or offered for sale for consumption on an interstate passenger carrier, shall have a recycling fee. Such recycling fee shall not be less than four cents and shall be a uniform amount throughout the distribution process in this state.

(c) Each recycling fee initiator shall open a special interest-bearing account at a Connecticut branch of a financial institution, as defined in section 45a-557a of the general statutes, to the credit of the recycling fee initiator. Each recycling fee initiator shall deposit in such account an amount equal to the recycling fee established pursuant to subsection (b) of this section for each beverage container sold by such recycling fee initiator. Such deposit shall be made not more than one month after the date such beverage container is sold. 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 recycling fee 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.

(d) Each recycling fee 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: (1) The balance in the special account at the beginning of the quarter for which the report is prepared, (2) all recycling fees credited to such account during such quarter, including all recycling fees paid to the deposit initiator and all interest, dividends or returns received on such account, (3) 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 (c) of this section, and (4) 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 of the general statutes.

(e) On or before January 31, 2018, each recycling fee initiator shall pay the balance outstanding in the special account that is attributable to the period from October 1, 2017, to January 30, 2018, 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 recycling fee 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 of the general statutes.

(f) The Commissioner of Revenue Services may examine the accounts and records of any recycling fee initiator maintained under this section 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.

(h) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 12-555a of the general statutes 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 of the general statutes 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 of the general statutes.

(j) For the period commencing October 1, 2017, and ending July 1, 2018, the Commissioner of Revenue Services shall make any recycling fees collected pursuant to this section available for payment to the redemption centers established pursuant to section 22a-245 of the general statutes, as amended by this act, in a manner that enables any dealer or operator of such redemption center to realize a handling fee of two and one-half cents for each container of beer or other malt beverage and three cents for each container of mineral waters, soda water, and similar carbonated soft drink or noncarbonated beverage returned for redemption, in accordance with the provisions of sections 22a-243 to 22a-246, inclusive, of the general statutes, as amended by this act.

(k) Any person who violates any provision of this section shall be fined by the Commissioner of Revenue Services or the Commissioner of Energy and Environmental Protection, as applicable, not less than fifty dollars nor more than one hundred dollars, and for a second offense shall be fined not less than one hundred dollars nor more than two hundred dollars and for a third or subsequent offense shall be fined not less than two hundred fifty dollars or more than five hundred dollars. "

Strike section 4 in its entirety and insert the following in lieu thereof:

"Sec. 4. Section 22a-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) (1) [Every] For the period beginning July 1, 2018, and ending July 1, 2025, every beverage container containing a carbonated beverage sold or offered for sale in this state, except for any such beverage containers sold or offered for sale for consumption on an interstate passenger carrier, shall have a [refund value] recycling fee. Such [refund value] recycling fee shall not be less than [five] four cents and shall be a uniform amount throughout the distribution process in this state. (2) [Every] For the period beginning July 1, 2018, and ending July 1, 2025, every beverage container containing a noncarbonated beverage sold or offered for sale in this state shall have a [refund value] recycling fee, except for beverage containers containing a noncarbonated beverage that are [(A)] sold or offered for sale for consumption on an interstate passenger carrier. [, or (B) that comprise any dealer's existing inventory as of March 31, 2009. Such refund value] Such recycling fee shall not be less than [five] four cents and shall be a uniform amount throughout the distribution process in this state.

[(b) Every beverage container sold or offered for sale in this state, that has a refund value pursuant to subsection (a) of this section, shall clearly indicate by embossing or by a stamp or by a label or other method securely affixed to the beverage container (1) either the refund value of the container or the words "return for deposit" or "return for refund" or other words as approved by the Department of Energy and Environmental Protection, and (2) either the word "Connecticut" or the abbreviation "Ct. ", provided this subdivision shall not apply to glass beverage containers permanently marked or embossed with a brand name. ]

[(c)] (b) 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 biodegradation within a reasonable time after exposure to the elements. "