Oklahoma 2010 bill text

House Bill 2916

Oklahoma Deposit Beverage Container Recycling Act

The following text was found at http://webserver1.lsb.state.ok.us/2009-10bills/HB/HB2916_int.rtf
It is identical to Senate Bill 1896, available at http://webserver1.lsb.state.ok.us/2009-10bills/SB/sb1896_int.rtf

AS INTRODUCED

An Act relating to environment and natural resources; creating the Oklahoma Deposit Beverage Container Recycling Act; providing short title; stating application; providing for certain fees to be imposed for deposits and sales of certain beverage containers by certain dates; stating amounts of fees; stating requirements for deposits; providing for refund value; providing for voluntary redemption centers; requiring the Environmental Quality Board and the Oklahoma Tax Commission to promulgate rules; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION .     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-701 of Title 27A, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma Deposit Beverage Container Recycling Act”.
SECTION .     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-702 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby established a deposit and recycling program for beverage containers made of glass, plastic, or aluminum/bimetal holding beer, soft drinks, water, tea, coffee, and other specified beverages, but shall not include medicines, flavoring substances, milk, liquids designed to be consumed only as a dietary supplement, frozen products, unmixed wine and spirits, and soups.  The deposit and recycling program shall be administered by the Department of Environmental Quality and the accounting functions shall be performed by the Oklahoma Tax Commission.
B.  Beginning January 1, 2011, every deposit beverage distributor shall pay to the Oklahoma Tax Commission a container recovery fee for each deposit beverage container as defined in subsection A of this section and manufactured in or imported into this state.  The fee shall be imposed only one time per deposit beverage container, and shall be implemented as follows:
1.  Beginning January 1, 2011, until December 31, 2011, the amount of the container recovery fee shall be one-fourth of one cent ($0.0025) per deposit beverage container;
2.  Beginning January 1, 2012, the amount of the container recovery fee shall increase to one-half of one cent ($0.0050) per deposit beverage container and remain at that level until December 31, 2012; and
3.  Beginning January 1, 2013, the amount of the container recovery fee shall increase to one cent ($0.01) per deposit beverage container.
C.  Beginning June 1, 2013, every deposit beverage distributor shall pay to the Oklahoma Tax Commission a deposit on each deposit beverage container manufactured in or imported into this state.  The amount of the deposit shall be five cents ($0.05) per deposit beverage container, and shall remain at that level until modified by an act of the Legislature.
D.  Beginning June 1, 2013, every deposit beverage distributor shall charge each dealer a deposit equal to the refund value for each deposit beverage container sold in Oklahoma.  The deposit charge shall appear as a separate line item on any invoice or sales receipt.
E.  Beginning June 1, 2013, every dealer shall charge the consumer at the point of sale a deposit equal to the refund value for each deposit beverage container sold in this state, except on beverages intended for on-premises consumption.  The deposit charge shall appear as a separate line item on any sales receipt or invoice.
F.  Beginning June 1, 2013, every deposit beverage container sold in this state shall have a refund value of five cents ($0.05) equal to the amount of the deposit required.  Once a refund value has been applied to a deposit beverage container, the deposit on that container may not be changed, and may not be collected more than once.
G.  Redemption centers shall be established to collect the containers as described in this section.  Redemption centers established within retail businesses shall be voluntary.  No retailer or other business operating in this state shall be required to establish any redemption center pursuant to the provisions of this act.
H.  The Environmental Quality Board and the Oklahoma Tax Commission shall promulgate rules to implement the provisions of this act.
SECTION .  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-2-9492     KB     01/12/10

 

Updated January 20, 2010

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