Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 8088

   
 

*HB0561808088HDO*

Offered by:

 

REP. DEMICCO, 21st Dist.

REP. MUSHINSKY, 85th Dist.

REP. GRESKO, 121st Dist.

REP. URBAN, 43rd Dist.

REP. FLOREN, 149th Dist.

REP. LAVIELLE, 143rd Dist.

To: House Bill No. 5618

File No. 383

Cal. No. 278

"AN ACT CONCERNING AN INCREASE IN THE HANDLING FEE FOR BOTTLE REDEMPTION CENTERS. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 22a-243 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

For purposes of sections 22a-243 to 22a-245c, inclusive:

(1) "Carbonated beverage" means beer or other malt beverages, and mineral waters, soda water and similar carbonated soft drinks in liquid form and intended for human consumption;

(2) "Noncarbonated beverage" means juice, tea, sports drink or water, including flavored water, nutritionally enhanced water and any beverage that is identified through the use of letters, words or symbols on such beverage's product label as a type of juice, tea, sports drink or water, but excluding [juice and] mineral water;

(3) "Beverage container" means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing a carbonated 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;

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

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

(6) "Distributor" means every person who engages in the sale of 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 beverages in beverage containers on which no deposit has been collected prior to retail sale;

(7) "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;

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

(9) "Redemption center" means any facility established to redeem empty beverage containers from consumers or to collect and sort empty beverage containers from dealers and to prepare such containers for redemption by the appropriate distributors;

(10) "Use or consumption" includes the exercise of any right or power over a beverage incident to the ownership thereof, other than the sale or the keeping or retention of a beverage for the purposes of sale;

(11) "Nonrefillable beverage container" means a beverage container which is not designed to be refilled and reused in its original shape; and

(12) "Deposit initiator" means the first distributor to collect the deposit on a beverage container sold to any person within this state.

Sec. 2. Subsection (d) of section 22a-245 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(d) In addition to the refund value of a beverage container, a distributor shall pay to any dealer or operator of a redemption center a handling fee of at least [one] three and one-half cents for each container of beer or other malt beverage and [two] three and one-half cents for each beverage container of mineral waters, soda water and similar carbonated soft drinks or noncarbonated beverage returned for redemption. A distributor shall not be required to pay to a manufacturer the refund value of a nonrefillable beverage container.

Sec. 3. Subsection (d) of section 22a-245a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(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] Until October 1, 2017, 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. On and after October 1, 2017, eighty per cent of 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. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2017

22a-243

Sec. 2

October 1, 2017

22a-245(d)

Sec. 3

October 1, 2017

22a-245a(d)