Arizona 2008 bill text

AN ACT

amending title 44, chapter 9, Arizona Revised Statutes, by adding article 4.1; relating to beverage container recycling.

 Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 44, chapter 9, Arizona Revised Statutes, is amended by adding article 4.1, to read:

ARTICLE 4.1.  BEVERAGE CONTAINER RECYCLING

START_STATUTE44-1255.  Definitions

In this article, unless the context otherwise requires:

1.  "Beverage container" means any container that is constructed of steel, bi-metal, aluminum, glass or plastic and that holds a consumable beverage of beer, soft drinks, distilled spirits, wine, wine coolers, juices, water, tea, coffee or any other beverage.

2.  "Beverage manufacturer" means any person who bottles, cans or otherwise fills beverage containers or imports filled beverage containers for sale to distributors, entertainment facilities and retail outlets.

3.  "Consumer" means an individual, group or organization that purchases beverages in beverage containers at retail from entertainment facilities or retail outlets.

4.  "Distributor" means a person who sells wholesale beverages in beverage containers to entertainment facilities and retail outlets for resale to consumers.

5.  "Entertainment facility" means a bar, restaurant, hotel, motel, resort or nightclub that sells beverages in beverage containers to consumers.

6.  "Retail outlet" means any grocery store, convenience store, liquor store, department store or any other person who sells at retail beverages in beverage containers to consumers.END_STATUTE

START_STATUTE44-1255.01.  Beverage container recycling fund; fees

A.  The beverage container recycling fund is established consisting of monies deposited pursuant to this section.  The director of the department of environmental quality shall administer the fund.   On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  Monies in the fund shall be used to pay redemption values and incentive payments as provided in this article.

B.  A fee of five cents for the sale of each beverage container of twenty-four ounces or less and a fee of ten cents for the sale of each beverage container of more than twenty-four ounces is assessed on the following persons:

1.  A distributor who sells beverages in beverage containers to retail sellers in this state.

2.  An entertainment facility that sells beverages in containers to consumers in this state.

3.  A consumer who purchases beverages in beverage containers at retail outlets in this state.

C.  The fee established by this section constitutes the redemption value of the container and shall be collected from distributors, entertainment facilities and retail outlets by the department of revenue and deposited, pursuant to sections 35-146 and 35-147, in the beverage container recycling fund.  The fees shall be collected at the same time and in the same manner that a transaction privilege tax is collected by the department of revenue.

END_STATUTE

START_STATUTE44-1255.02.  Redemption value; incentive payment; rules

A.  A redemption center shall pay to any person who delivers an empty, whole beverage container to the redemption center the redemption value of that beverage container.  A redemption center shall also pay an incentive payment to a consumer and to an entertainment facility that delivers empty beverage containers directly to the redemption center.  The incentive payment is one cent per beverage container delivered.

B.  A redemption center may collect monthly from the beverage container recycling fund the monies disbursed by the redemption center in the previous month for redemption value and incentive payments. 

C.  A redemption center shall pay the redemption value of five cents for each beverage container of twenty-four ounces or less and ten cents for each beverage container of more than twenty-four ounces.

D.  Only A redemption center that complies with this section is eligible to receive monies from the beverage container recycling fund established by section 44‑1255.01.

E.  The department of environmental quality shall adopt rules to do the following:

1.  Ensure that every county with a population of two hundred fifty thousand or more persons has one or more redemption centers operating during business hours that are adequate to service the surrounding populations.  The department shall use financial incentives in the form of increased payments to redemption centers in those areas.

2.  Establish procedures for payment to redemption centers and provide for appropriate record keeping and auditing requirements for distributors, retail outlets, entertainment facilities and redemption centers.

3.  Require that retail outlets provide an on-site redemption center if an off-site redemption center is not established at a location near the retail outlet within six months after the effective date of this article.

4.  Establish and manage the beverage container recycling system. END_STATUTE

START_STATUTE44-1255.03.  Manufacturers' processing fee; rules

A.  For any beverage container that has a scrap value that is less than the cost of recycling that container, the department shall assess a processing fee on each beverage container produced by a beverage manufacturer based on the type of material used in the beverage container.  The processing fee shall be determined by the department by calculating the difference between the scrap value of the beverage container by type of material, and the sum of both of the following:

1.  the actual cost for recycling centers to handle, store, transport and maintain equipment for each container sold for recycling or, for containers that are not recyclable, the costs of disposal.

2.  A reasonable financial return for recycling centers.

B.  The department shall collect the processing fee monthly from the beverage manufacturer for deposit in the beverage container recycling fund established by section 44-1255.01 for use in providing incentive payments to recycling centers pursuant to section 44-1255.02, subsection E, paragraph 1.

C.  The department shall adopt rules to implement this section. END_STATUTE

START_STATUTE44-1255.04.  Manufacturer's label

All beverage containers that are sold in this state shall bear the designation "Arizona redemption value" or "A.R.V." on the outside of the beverage container. END_STATUTE

Sec. 2.  Requirements for enactment; two-thirds vote

Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.