Nevada 2011 bill text

Assembly Bill 427: As Introduced

The following text was found at https://nelis.leg.state.nv.us/76th2011/App#/76th2011/Bill/Text/AB427
The identical Senate Bill, SB389, can be found at https://nelis.leg.state.nv.us/76th2011/App#/76th2011/Bill/Text/SB389

REQUIRES TWO-THIRDS MAJORITY VOTE (§ 15)
A.B. 427
- *AB427*
ASSEMBLY BILL NO. 427–ASSEMBLYMAN OHRENSCHALL
MARCH 21, 2011
____________
Referred to Committee on Natural Resources,
Agriculture, and Mining
SUMMARY—Enacts provisions requiring the payment of deposits
and refunds on certain beverage containers sold in
this State. (BDR 40-1079)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to programs for recycling; enacting provisions
requiring the payment of deposits and refunds on certain
beverage containers sold in this State; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
1 This bill establishes a program for requiring deposits to be paid and then
2 refunded on certain recyclable beverage containers sold in this State. Under section
3 10 of this bill, every beverage container, with certain exceptions, has a refund value
4 of 5 cents. Section 11 of this bill requires every beverage container sold in this
5 State to be clearly labeled with that refund value and as being recyclable and
6 originally sold in this State. Section 12 of this bill requires a consumer to deposit
7 the refund value of each beverage container when purchasing a filled container, and
8 section 13 of this bill provides for the refunding of that value to the consumer and
9 the eventual return of empty beverage containers to bottlers. Section 14 of this bill
10 prohibits a person from attempting to return for a refund more than a certain
11 number of empty beverage containers that the person knows or has reason to know
12 were not originally sold in this State. Section 15 of this bill provides for the
13 separate accounting of money received as a deposit for a beverage container and
14 requires certain surplus money to be transferred to the Division of Environmental
15 Protection of the State Department of Conservation and Natural Resources for use
16 in recycling and recycling promotion and education programs. Section 16 of this
17 bill requires certain reports to be made to the Division, and section 17 of this bill
18 requires the Division to adopt regulations necessary to carry out the provisions of
19 this bill.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 444A of NRS is hereby amended by
2 adding thereto the provisions set forth as sections 2 to 16, inclusive,
3 of this act.
4 Sec. 2. As used in sections 2 to 16, inclusive, of this act, the
5 words and terms described in sections 3 to 9, inclusive, of this act
6 have the meanings ascribed to them in those sections.
7 Sec. 3. “Beverage” means beer and other malt beverages,
8 mineral water, soda water and similar carbonated soft drinks
9 intended for human consumption.
10 Sec. 4. “Beverage container” means any sealable bottle, can,
11 jar or carton that is primarily composed of glass, metal or plastic
12 or any combination thereof and is produced for the purpose of
13 containing a beverage.
14 Sec. 5. “Bottler” means any person who fills beverage
15 containers for sale to distributors or dealers. The term includes
16 any person who produces a beverage and fills beverage containers
17 with that beverage for sale to distributors or dealers.
18 Sec. 6. “Consumer” means a person who purchases a
19 beverage in a beverage container for use or consumption with no
20 intent to resell the beverage.
21 Sec. 7. “Dealer” means a person who engages in the sale of
22 beverages in beverage containers. The term includes the operator
23 of a vending machine that sells beverages.
24 Sec. 8. “Distributor” means a person who engages in the
25 sale of beverages in beverage containers to a dealer. The term
26 includes a bottler.
27 Sec. 9. “Division” means the Division of Environmental
28 Protection of the State Department of Conservation and Natural
29 Resources.
30 Sec. 10. 1. Except as otherwise provided in subsection 2,
31 every beverage container sold or offered for sale in this State has a
32 refund value of 5 cents.
33 2. The following beverage containers do not have a refund
34 value:
35 (a) A beverage container sold by a distributor for use by a
36 common carrier in the conduct of interstate passenger service;
37 and
38 (b) A beverage container sold by a distributor for use by a
39 gaming establishment, saloon, restaurant or resort that
40 demonstrates to the satisfaction of the State Environmental
41 Commission that:
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1 (1) Of the beverage containers sold or given away by the
2 gaming establishment, saloon, restaurant or resort, a percentage
3 not less than that determined by the Division pursuant to
4 subsections 3 and 4 contain beverages that will be consumed on
5 the premises; and
6 (2) The gaming establishment, saloon, restaurant or resort
7 has on the premises a program for recycling beverage containers.
8 3. The Division shall adopt regulations prescribing the
9 method for determining the percentage of beverage containers
10 sold or given away by a gaming establishment, saloon, restaurant
11 or resort required for the exemption pursuant to paragraph (b) of
12 subsection 2.
13 4. The regulations adopted pursuant to subsection 3 must
14 provide for consideration by the Division of the size and nature of
15 the gaming establishment, saloon, restaurant or resort and the
16 purposes of this act.
17 Sec. 11. A beverage container may not be sold in this State
18 unless the beverage container is clearly labeled:
19 1. As being reusable;
20 2. With the refund value of the beverage container; and
21 3. As being originally sold in this State as a filled beverage
22 container.
23 Sec. 12. For every filled beverage container that a consumer
24 purchases from a dealer, the consumer shall deposit the refund
25 value of the beverage container with the dealer.
26 Sec. 13. 1. Except as otherwise provided in subsections 4
27 and 5, a dealer shall:
28 (a) Accept from any person during normal business hours any
29 empty beverage container of the type, size and brand sold by the
30 dealer at any time during the preceding 60 days; and
31 (b) Except as otherwise prescribed in this paragraph, pay the
32 person the refund value of each empty beverage container so
33 returned. To pay the person the refund value as required by this
34 paragraph, the dealer may use money from the Deposit
35 Transaction Account of the dealer. The dealer may refuse to pay
36 the person the refund value as required by this paragraph if the
37 amount of money necessary to pay the person exceeds the amount
38 of money in the Deposit Transaction Account of the dealer.
39 2. Except as otherwise provided in subsections 4 and 5, a
40 distributor shall:
41 (a) Accept from a dealer, during normal business hours and at
42 the location at which the dealer normally obtains filled beverage
43 containers from the distributor, any empty beverage container of
44 the type, size and brand sold by the distributor at any time during
45 the preceding 60 days; and
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1 (b) Pay the dealer a handling fee of 1 cent per beverage
2 container.
3 3. Except as otherwise provided in subsections 4 and 5, a
4 bottler shall:
5 (a) Accept from a distributor or dealer, during normal
6 business hours and at the location at which the distributor or
7 dealer normally obtains filled beverage containers from the
8 bottler, any empty reusable beverage container of the type, size
9 and brand sold by the bottler at any time during the preceding 60
10 days; and
11 (b) Pay the distributor or dealer a handling fee of 1 cent per
12 beverage container.
13 4. A dealer, distributor or bottler may refuse to accept a
14 beverage container which contains material foreign to the normal
15 contents of the beverage container other than water, soap or any
16 similar cleaning material or solution.
17 5. A dealer, distributor or bottler may refuse to accept empty
18 beverage containers that the dealer, distributor or bottler
19 reasonably believes were not originally sold in this State as filled
20 beverage containers.
21 Sec. 14. A person may not offer to return at one time to a
22 dealer, distributor or bottler more than 250 empty beverage
23 containers that the person knows or has reason to know were not
24 originally sold in this State as filled beverage containers.
25 Sec. 15. 1. Every dealer shall maintain a separate account
26 designated as the Deposit Transaction Account.
27 2. All money received by a dealer pursuant section 12 of this
28 act must be deposited in the Deposit Transaction Account of the
29 dealer and held in trust for the State until such time as it is
30 disposed of pursuant to this section or section 13 of this act.
31 3. Any income earned on the amount in the Deposit
32 Transaction Account of a dealer is the property of the dealer and
33 may be transferred to a private account of the dealer at any time
34 after the income has been accounted for, for the purpose of
35 deeming deposit amounts abandoned pursuant to subsection 4.
36 4. On the last day of each month, any amount of money that
37 is or must be in the Deposit Transaction Account of a dealer and
38 that exceeds the sum of:
39 (a) Income earned on the amount in the Deposit Transaction
40 Account during that month; and
41 (b) The total amount of refund values received by the dealer
42 during that month and the two preceding months,
43 _ shall be deemed abandoned deposit amounts.
44 5. Except as otherwise provided in subsection 6, not later
45 than the 10th day of the following month, each dealer shall
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1 provide to the Division, in the manner prescribed by the Division,
2 an amount equal to the amount deemed abandoned pursuant to
3 subsection 4.
4 6. If the amount required to be provided to the Division by a
5 dealer in a given month exceeds the amount in the Deposit
6 Transaction Account of the dealer:
7 (a) The dealer may apply to the Division for relief from the
8 requirement of subsection 5; and
9 (b) The Division may grant such relief upon a determination
10 that the dealer is not at fault for the fact that the amount required
11 to be provided to the Division exceeds the amount in the Deposit
12 Transaction Account.
13 7. Notwithstanding any provision of law to the contrary, any
14 money received by the Division pursuant to subsection 5 must be:
15 (a) Deposited in the State Treasury;
16 (b) Accounted for separately in the State General Fund; and
17 (c) Used by the Division solely for recycling programs and
18 programs promoting recycling and education concerning
19 recycling.
20 Sec. 16. Not later than the 10th day of each month, each
21 dealer shall report to the Division, in the manner prescribed by the
22 Division:
23 1. The amount deposited with the dealer pursuant to section
24 12 of this act during the immediately preceding month;
25 2. The amount refunded to a consumer pursuant to section
26 13 of this act during the immediately preceding month and during
27 the immediately preceding 3 months;
28 3. Any income earned on money in the Deposit Transaction
29 Account of the dealer during the immediately preceding month;
30 4. The balance in the Deposit Transaction Account of the
31 dealer as of the close of business on the last business day of the
32 immediately preceding month; and
33 5. Any other information required by the Division.
34 Sec. 17. The Division of Environmental Protection of the State
35 Department of Conservation and Natural Resources shall, on or
36 before December 31, 2011, adopt any regulations required or
37 necessary to carry out the provisions of this act.
38 Sec. 18. This act becomes effective:
39 1. Upon passage and approval for the purpose of adopting any
40 regulations and performing any other preparatory administrative
41 tasks that are necessary to carry out the provisions of this act; and
42 2. On January 1, 2012, for all other purposes.
H

Assembly Bill 427: As Enrolled

AN ACT relating to programs for recycling; directing the
Legislative Commission to conduct an interim study
concerning the establishment of a program requiring the
payment and refund of deposits on recyclable products sold
in this State; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
This bill directs the Legislative Commission to conduct an interim study
concerning the establishment of a program for requiring deposits to be paid and
then refunded on recyclable products sold in this State.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislative Commission shall appoint a
committee to conduct an interim study concerning the establishment
of a program for requiring the payment and refund of deposits on
recyclable products sold in this State.
2. The committee appointed by the Legislative Commission
pursuant to subsection 1 must be composed of six Legislators as
follows:
(a) Three members appointed by the Majority Leader of the
Senate, at least one of whom must be appointed from the
membership of the Senate Standing Committee on Natural
Resources during the 76th Session of the Nevada Legislature; and
(b) Three members appointed by the Speaker of the Assembly,
at least one of whom must be appointed from the membership of the
Assembly Standing Committee on Natural Resources, Agriculture,
and Mining during the 76th Session of the Nevada Legislature.
3. The study
(a) Must include, without limitation:
(1) Consideration of the recyclable products to be included in
the program, including, without limitation, plastic, glass, aluminum
or tin containers and paper or plastic grocery and shopping bags.
(2) An analysis of the process for the payment and refund of
the deposits on the recyclable products, including, without
limitation, the creation of redemption centers.
(b) May include consideration of other methods of encouraging
recycling.
4. The Legislative Commission shall submit a report of the
results of the study and any recommendations for legislation to the
77th Session of the Nevada Legislature.
Sec. 2. This act becomes effective July 1, 2011.