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PRINTER'S NO. 1096
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
795
Session of
2019
INTRODUCED BY STREET, COSTA, HUGHES, BLAKE, LEACH, MUTH,
BOSCOLA, SCHWANK AND SABATINA, JULY 8, 2019
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JULY 8, 2019
AN ACT
Providing for the return of beverage containers and for the
powers and duties of the Department of Environmental
Protection; imposing a returnable beverage container
assessment on distributors; providing for duties of
returnable beverage distributors; establishing the Returnable
Beverage Container Fund; and providing for a returnable
deposit value on returnable beverage containers, for
redemption of empty returnable beverage containers, for
redemption centers, for payment of claims from the fund and
for annual report to General Assembly.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Returnable beverage container assessment on
distributors.
Section 4. Returnable beverage distributors.
Section 5. Returnable Beverage Container Fund.
Section 6. Inventory report.
Section 7. Returnable deposit value of returnable beverage
containers.
Section 8. Sales of beverages in returnable beverage
containers.
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Section 9. Returnable beverage container requirements.
Section 10. Redemption of empty returnable beverage containers.
Section 11. Redemption centers.
Section 12. Development of procedures.
Section 13. Refusal of refund value payment for a returnable
beverage container.
Section 14. Claims for reimbursement from the fund.
Section 15. Redemption center reporting.
Section 16. Departmental inspections.
Section 17. Annual report to General Assembly.
Section 18. Regulations.
Section 19. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Returnable
Beverage Container Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Beverage." Any of the following:
(1) Soda water or similar carbonated soft drink.
(2) Noncarbonated drink, including, but not limited to,
mineral water, flavored and unflavored water, spring water,
vitamin water and any other water beverage, tea, sports
drink, isotonic drink, beer and other malt beverages.
(3) Any other nonalcoholic carbonated and noncarbonated
drink in liquid form that is intended for human consumption.
The term does not include milk or a beverage that is primarily
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derived from a dairy product, infant formula and medicine
approved by the Food and Drug Administration.
"Consumer." A person who buys a beverage in a returnable
beverage container for use or consumption and pays the deposit.
"Dealer." A person who engages in the sale of beverages in
returnable beverage containers to a consumer for off-premises
consumption in this Commonwealth.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fund." The Returnable Beverage Container Fund established
under this act.
"On-premises consumption." The consumption of returnable
beverages by a patron immediately and within the area under
control of an establishment, including, but not limited to, a
bar, restaurant, passenger ship or airplane.
"Patron." A person who buys a beverage in a returnable
beverage container for use or consumption and does not pay the
deposit.
"Person." An individual, partnership, firm, association,
public or private corporation, Federal agency, the Commonwealth
or any of its political subdivisions, trust or any other legal
entity.
"Recycling facility." The contiguous land and structures and
other appurtenances and improvements on the land used for the
collection, separation, recovery and sale or reuse of secondary
resources that would otherwise be disposed of as solid waste and
are an integral part of a manufacturing process aimed at
producing a marketable product made of postconsumer material.
"Redeemer." A person, other than a dealer or distributor,
that demands the refund value in exchange for an empty
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returnable beverage container.
"Redemption center." An operation that accepts from
consumers and provides the refund value for empty returnable
beverage containers intended to be recycled and ensures that the
empty returnable beverage containers are properly recycled.
"Redemption rate." The percentage of returnable beverage
containers redeemed over a reporting period, which percentage is
calculated by dividing the number of returnable beverage
containers redeemed by the number of returnable beverage
containers sold and multiplying the quotient by 100.
"Refillable beverage container." A returnable beverage
container that ordinarily is returned to the manufacturer to be
refilled and resold.
"Returnable beverage container." A sealable bottle, can, jar
or carton primarily composed of glass, metal, plastic, or a
combination of those materials, and produced for the purposes of
containing a beverage which, at the time of sale, contains 28
ounces or less of a beverage. The term does not include a
sealable bottle, can, jar or carton composed of paper-based
biodegradable material and aseptic multimaterial packaging.
"Returnable beverage distributor" or "distributor." A person
that:
(1) is a manufacturer of beverages in returnable
beverage containers in this Commonwealth; or
(2) imports and engages in the sale of filled returnable
beverage containers to a dealer or consumer in this
Commonwealth.
The term includes a Federal agency and military distributor but
does not include an airline or shipping company that merely
transports returnable beverage containers.
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Section 3. Returnable beverage container assessment on
distributors.
(a) General rule.--Beginning January 1, 2020, a returnable
beverage distributor shall pay to the department, on a monthly
basis, a returnable beverage container assessment on each
returnable beverage container manufactured in or imported into
this Commonwealth. The returnable beverage container assessment
shall not apply to returnable beverage containers exported for
sale outside of this Commonwealth.
(b) Amount of assessment.--The returnable beverage container
assessment shall be 5¢ per returnable beverage container and may
be imposed only once on the same returnable beverage container.
(c) State preemption.--No municipality may impose or collect
an assessment or fee on returnable beverage containers for the
same or similar purpose as provided under this act.
Section 4. Returnable beverage distributors.
(a) Duty to register.--
(1) On or before September 1, 2019, a returnable
beverage distributor shall register with the department,
using forms prescribed by the department, and shall notify
the department of any change in address or other information
previously submitted.
(2) After September 1, 2019, a person who desires to
conduct business in this Commonwealth as a returnable
beverage distributor shall register with the department no
later than one month prior to the commencement of the
business.
(b) Maintenance of records.--
(1) A returnable beverage distributor shall maintain
records reflecting the manufacture of beverages in returnable
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beverage containers or the importation and the sale of filled
returnable beverage containers, as applicable.
(2) The records shall be made available, upon request,
for inspection by the department; provided that any
proprietary information obtained by the department shall be
kept confidential and shall not be disclosed to any other
person, except:
(i) as may be reasonably required in an
administrative or judicial proceeding to enforce a
provision of this act or rule adopted pursuant to this
act; or
(ii) under an order issued by a court.
Section 5. Returnable Beverage Container Fund.
(a) Establishment.--The Returnable Beverage Container Fund
is established in the State Treasury. The money in the fund is
appropriated on a continuing basis to the department for the
purposes specified in this act. All revenue generated from the
returnable beverage container assessment shall be deposited into
the fund.
(b) Use of fund.--
(1) The money in the fund shall be used to pay valid
returnable deposit claims submitted by returnable beverage
distributors and redemption centers under section 14.
(2) After the payment of claims under paragraph (1), 75%
of the fund shall be transferred on a monthly basis to the
Hazardous Sites Cleanup Fund established under section 901 of
the act of October 18, 1988 (P.L.756, No.108), known as the
Hazardous Sites Cleanup Act.
Section 6. Inventory report.
(a) General rule.--Except as otherwise provided under
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subsection (f), beginning February 1, 2020, and continuing each
month thereafter, a returnable beverage distributor shall file
an inventory report with the department.
(b) Content.--The inventory report required under subsection
(a) shall include documentation in sufficient detail to
identify:
(1) The number of beverages in returnable beverage
containers, by container size and type, manufactured in or
imported into this Commonwealth during the reporting period.
(2) The number of these returnable beverage containers,
by container size and type, exported and intended for
consumption outside this Commonwealth during the reporting
period.
(c) Confidentiality of information.--All information
contained in an inventory report, including confidential
commercial and financial information, shall be deemed
confidential and protected from public disclosure to the extent
allowed by law.
(d) Calculation of payment.--The payment due from a
returnable beverage distributor for the assessment imposed under
section 3 shall be equal to the net number of returnable
beverage containers imported or manufactured into this
Commonwealth, the total number of containers imported or
manufactured less the total number of containers exported for
consumption outside this Commonwealth, multiplied by 5¢.
(e) Filing deadline.--The inventory report and payment shall
be filed with the department no later than the 15th day of the
month following the end of the payment period of the previous
month.
(f) Semiannual reporting.--A returnable beverage distributor
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that annually imports or manufactures in this Commonwealth less
than 100,000 returnable beverage containers may submit reports
and payments required under this act on a semiannual basis;
provided that the semiannual report and payment period shall end
on June 30 and December 31 of each year.
Section 7. Returnable deposit value of returnable beverage
containers.
Beginning January 1, 2020, a returnable beverage container
sold in this Commonwealth shall have a returnable deposit value
of 5¢, and the returnable deposit value shall be clearly
indicated on the returnable beverage container as provided under
section 9.
Section 8. Sales of beverages in returnable beverage
containers.
(a) Pass-through from distributors.--Beginning January 1,
2020, a returnable beverage distributor that pays the returnable
beverage container assessment to the department may add the
amount of the assessment to the cost of each returnable beverage
container paid by the dealer or consumer. The addition of the
amount of the assessment may appear as a separate line item on
the invoice prepared by the distributor.
(b) Pass-through from dealers.--Beginning January 1, 2020, a
dealer who purchased a returnable beverage container from a
distributor who added the amount of the returnable beverage
container assessment to the cost of the returnable beverage
container paid by the dealer and which dealer sells the
returnable beverage container to a consumer may indicate the
cost of the assessment as a separate line item on the invoice
prepared by the dealer.
Section 9. Returnable beverage container requirements.
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(a) General rule.--Except as provided in subsection (b),
each returnable beverage container sold in this Commonwealth
shall clearly indicate the returnable deposit value of the
container and the word "Pennsylvania" or the letters "PA." The
names or letters representing the names of other states with
comparable deposit laws may also be included in the indication
of the returnable deposit value. The returnable deposit value on
the returnable beverage container shall be clearly, prominently
and indelibly marked by painting, printing, scratch embossing,
raised letter embossing or securely affixed stickers and shall
appear on the top or side of the container in letters at least
one-eighth inch in size.
(b) Nonapplicability.--Subsection (a) shall not apply to a
refillable glass returnable beverage container that has a brand
name permanently marked on it and the equivalent of a refund
value of at least 5¢ paid upon receipt of the container by a
dealer or returnable beverage distributor.
Section 10. Redemption of empty returnable beverage containers.
(a) General rule.--Except as provided in subsection (b), a
dealer shall:
(1) Operate a redemption center by July 1, 2020, and
shall accept all types of empty returnable beverage
containers that bear a valid returnable deposit value for
this Commonwealth under this act.
(2) Pay to a person who presents an empty returnable
beverage container, except as otherwise provided under
section 13, the amount of the returnable deposit value for
the returnable beverage container, if the returnable beverage
container bears a valid returnable deposit value for this
Commonwealth under this act.
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(3) Ensure each returnable beverage container collected
is recycled and forward documentation necessary to support
claims for payment from the fund as provided in section 14 or
the regulations adopted under this act.
(b) Nonapplicability.--Subsection (a) shall not apply to a
dealer:
(1) located in a high density population area as defined
by regulation of the department and within two miles of a
certified redemption center that is operated independently of
a dealer;
(2) located in a rural area as defined by regulation of
the department;
(3) that subcontracts with a certified redemption center
to be operated on the dealer's premises;
(4) whose sales of returnable beverage containers are
only via vending machines;
(5) whose place of business is less than 5,000 square
feet of interior space;
(6) that demonstrates physical or financial hardship, or
both, based on specific criteria established by regulation of
the department; or
(7) that meets other criteria established by the
department.
(c) Distances between redemption centers.--The department
may allow the placement of redemption centers at greater than
the distances prescribed in subsection (b)(1) and (2) to
accommodate geographical features while ensuing adequate
consumer convenience.
(d) Signs of closest redemption center.--Regardless of the
square footage of a dealer's place of business, a dealer that is
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not a redemption center or has not subcontracted with a
redemption center shall post a clear and conspicuous sign at the
primary public entrance of the dealer's place of business that
specifies the name, address and hours of operation of the
closest redemption center location.
(e) On-premise consumption.--A person engaged in the
business of selling beverages in returnable beverage containers
for on-premises consumption shall collect the used returnable
beverage containers from its patrons and either use a certified
redemption center for the collection of containers or become a
certified redemption center.
Section 11. Redemption centers.
(a) Certification required.--Prior to operation, a
redemption center must be certified by the department.
(b) Applications.--An application for certification as a
redemption center shall be filed with the department on forms
prescribed by the department.
(c) Discretionary review of certification.--The department,
at any time, may review the certification of a redemption
center. After written notice to the person responsible for the
establishment and operation of the redemption center and to the
dealers served by the redemption center, the department, after
affording the person a hearing in accordance with applicable
law, may withdraw the certification of the redemption center if
the department finds that there has not been compliance with
applicable laws, rules, permit conditions or certification
requirements.
(d) Duties of redemption centers.--A redemption center
shall:
(1) Accept all types of empty returnable beverage
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containers from consumers or other persons, unless excepted
under section 13.
(2) Pay to any consumer or other person who presents an
empty returnable beverage container, except as otherwise
provided under section 13, the amount of the returnable
deposit value for the returnable beverage container, if the
returnable beverage container bears a valid returnable
deposit value for this Commonwealth under this act.
(3) Ensure each returnable beverage container collected
is recycled and forward documentation necessary to support
claims for payment from the fund as required by section 14 or
the regulations adopted under this act.
(e) Compliance with laws.--The redemption area of a
redemption center shall be maintained in full compliance with
applicable laws and with the orders and rules of the department,
including permitting requirements, if deemed necessary by the
department.
Section 12. Development of procedures.
The department shall develop procedures to facilitate the
exchange of information between returnable beverage container
manufacturers, distributors and retailers and certified
redemption centers. The procedures developed by the department
shall allow for a reasonable time period between the
introduction of a new returnable beverage product and the
deadline for submitting universal product code information to
certified redemption centers operating reverse vending machines.
Section 13. Refusal of refund value payment for a returnable
beverage container.
A retailer or redemption center may refuse to pay the
returnable deposit value on a broken, corroded or dismembered
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returnable beverage container or returnable beverage container
that:
(1) contains a free-flowing liquid;
(2) does not properly indicate a refund value; or
(3) contains a significant amount of foreign material.
Section 14. Claims for reimbursement from the fund.
(a) General rule.--A dealer or redemption center that
accepts a returnable beverage container from a consumer or other
person and pays the returnable deposit value to the consumer or
other person may submit to the department a claim for
reimbursement from the fund.
(b) Amount of claim.--The department shall pay to each
dealer or redemption center that submits a claim under
subsection (a) 2¢ for each returnable beverage container that is
not returned.
(c) Alternative payment approach.--The department may choose
to pay the reimbursement amount on the basis of the total weight
of the containers received by material type and the average
weight of each container type, rather than on a per-returnable-
beverage-container basis.
(d) Limitation.--Reimbursement from the fund may only occur
once for each returnable beverage container.
Section 15. Redemption center reporting.
In order for a claim to be approved by the department, the
dealer or redemption center must submit to the department the
following information on forms prescribed by the department:
(1) The number or weight of returnable beverage
containers of each material type accepted at the redemption
center for the reporting period.
(2) The amount of refunds paid out by material type.
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(3) The number or weight of returnable beverage
containers of each material type transported out of this
Commonwealth or to a permitted recycling facility.
(4) Copies of out-of-Commonwealth transport and weight
receipts or acceptance receipts from permitted recycling
facilities. If the redemption center and the recycling
facility are the same entity, copies of out-of-Commonwealth
transport and weight receipts, or documentation of end use
accepted by the department, shall also be included.
(5) Any other information deemed necessary by the
department.
Section 16. Departmental inspections.
The records of a returnable beverage distributor, dealer,
redemption center and recycling facility shall be made
available, upon request, for inspection by the department or a
duly authorized agent of the department. Any proprietary
information obtained during the inspection shall be kept
confidential and shall not be disclosed to any other person,
except:
(1) as may be reasonably required in an administrative
or judicial proceeding to enforce this act or a regulation
adopted pursuant to this act; or
(2) to comply with a court order.
Section 17. Annual report to General Assembly.
The department shall file a report with the General Assembly
on an annual basis. The report shall include:
(1) Information on the administration of this act.
(2) Detailed financial information on the payment of
claims from the fund and the monthly transfers to the
Hazardous Sites Cleanup Fund.
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(3) Recommendations from the department as to whether
the actual claim experience of the fund necessitates
adjustment of the percentage of monthly transfers set forth
in section 5(b)(2) in order for the fund to be fiscally sound
for the continued payment of claims under this act.
Section 18. Regulations.
The department may promulgate rules and regulations to
administer and enforce this act.
Section 19. Effective date.
This act shall take effect immediately.
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