Connecticut 2011 bill text

Senate Bill 57

The following text was found at http://www.cga.ct.gov/2011/TOB/S/2011SB-00057-R01-SB.htm

AN ACT EXPANDING THE BEVERAGE CONTAINER REDEMPTION SYSTEM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22a-243 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

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 water, including flavored water, nutritionally enhanced water, juice, punch, tea, sport drink 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, punch, tea, sport 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.

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

Section 1

October 1, 2011

22a-243

Statement of Purpose:

To expand the bottle bill to include juices, punches, teas and sport drinks in order to promote conservation and a clean environment.

[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.]

Co-Sponsors:

SEN. MEYER, 12th Dist.; SEN. MCKINNEY, 28th Dist.

Senate Bill 212

AN ACT SIMPLIFYING CERTAIN REPORTING REQUIREMENTS UNDER THE BOTTLE BILL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22a-245b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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

Updated July 23, 2011