Guam 2009 bill text

Bill #149

Guam Beverage Container Recycling Act

The following text was found at http://www.guamlegislature.com/Bills_introduced_30th/Bill%20No.%20149%20(COR).pdf

become evident at the highest reaches of our
5 country's leadership, and it is among the top agenda items of the
6 Administration of President Barack Obama and Vice President
1 Joseph Biden. Their initiatives on clean energy, promoting the
2 production of green products and protecting our environment will
help to transform the way we live and will make the world a better
place for future generations.
From ancient times up through the advent of the twentieth
century, the people of Guam depended primarily on our lush
environment and bountiful ocean to provide their sustenance and
found ways to use nature for everything from clothing, to canoes, to
the homes in which they lived, and to the weapons with which they
fought. The environment was an important part of the lives of our
forefathers, and they treated it wisely.
Over the course of time, western civilization brought many
people and practices to our island and we have left many of the old
ways behind. We have become members of a disposable society,
generating an enormous quantity of solid waste, up to three pounds
per person per day, or about 100,000 tons of refuse per year. As our
population and the number of our visitors continues to increase, and
as the military buildup promises to bring even more people to our
island, our volume of solid waste will rise as well, unless we take
appropriate action.
I Likeslatura finds that an environmentally and economically
sound solid waste management system must incorporate a number of
different aspects such as recycling. Recycling is a means of helping to
protect our environment by collecting products that can be reused or
remanufactured into other products, thus reducing the volume of
refuse that will either take up valuable space in our landfills or have
to be eliminated through other means.
I Likeslatura further finds that the implementation of laws that
impose fees or deposits on recyclable items will promote the concept
and practice of recycling empty beverage containers. Deposits on
recyclable items will assist in preserving our environment and reduce
litter. A substantial amount of the litter left behind on beaches and
along our roadways consists of beverage containers.
A beverage container recycling deposit program implemented
in a number of communities across the nation is commonly referred
to as a "bottle bill." The first bottle bill became law in the state of
Vermont in 1953. It required that beer must be sold only in refillable
1 bottles so that empty bottles would not end up in the trash but
2 instead would be returned to the bottlers to be washed and refilled.
3 The first bottle bill to charge a refundable deposit on non-
4 refillable containers was enacted in 1971 in the state of Oregon. Their
5 beverage container recycling deposit program is so effective that they
have a beverage container recycling rate of greater than 80%, more
than double the rate of areas without deposit programs. Current
bottle bills impose fees or deposits on beverage containers of all
kinds, including glass, metal and plastic. Some areas such as
Connecticut even have deposits on cartons.
I Liheslatura further finds that 11 states presently place
refundable deposits on recyclable beverage containers. They are:
California, Connecticut, Delaware, Hawaii, Iowa, Maine,
Massachusetts, Michigan, New York, Oregon, and Verrnont. Seven
additional states are considering container deposit programs at this
time, including Florida, Maryland, New Hampshire, New Jersey,
New Mexico, Tennessee and West Virginia. More than half of the
population of the United States lives in areas in which container
deposit programs are in effect.
Beverage container recycling deposit programs have also
proven to be effective in some areas within Micronesia. Both the
Republic of Kiribati and Kosrae in the Federated States of Micronesia
have enacted container recycling deposit programs, and the Republic
of Palau has considered implementing such a program.
Despite the presence of voluntary recycling programs, such as
Guam's IRecycle, the locations that do not have bottle bills recycle
less than 40% of their beverage containers, compared to the nearly
80% recycling rate for bottle bill states. The 11 bottle bill states recycle
more beverage containers than the other 39 non-bottle bill states
combined.
Guam's IRecycle program states on their website that over $1.5
million could be generated for schools if they were to recycle the 2
million pounds of aluminum beverage cans that are sold in Guam. At
32 cans per pound, a recycling deposit program could earn schools
$2.56 million for the same cans, and this would be in addition to the
earnings from the sale of the aluminum, or a possible $4.06 million.
The voluntary programs are making only a little more than a third of
what they could be earning. The deposit program proposed in this
legislation is IN ADDITION to the funds received from the sale of
the aluminum. A beverage container deposit program would bring
an even greater benefit to our schools.
Although no comprehensive studies have been done in Guam,
our island's beverage container recycling rate is likely comparable to
the lowest recycling rates in the 50 states, which is below 40%. This is
due in part to misinformation and also in part because previous
efforts to implement a beverage container recycling deposit program
have failed because military commands were not ready to participate.
For example, several years ago a Judge Advocate General
officer stated, in a reply to a request concerning a bottle bill program,
that the military cannot be subject to "monetary schemes" without "a
waiver of sovereign immunity." Fortunately for Guam, a large
number of military personnel and dependents from all branches of
service are familiar with bottle bills and are willing to support and
cooperate with plans and programs to beautify our island and protect
our environment.
This negative position taken by military commands only serves
to emphasize that the armed forces commands do not always regard
Guam or our people in the same manner as they regard those who
reside in the 50 states, where voluntary participate in local bottle bill
programs is the standard. This lack of cooperation with putting a
beverage container recycling deposit program into place has stymied
all efforts in Guam because of the high number of beverages sold at
commissaries and exchanges that end up in the local community as
solid waste and litter.
Recent conversations concerning recycling with high ranking
military officials including former Assistant Navy Secretary B.J. Penn;
Executive Director of the Joint Guam Program Office Major General
David Bice (USMC Ret.); Rear Admiral William D. French,
Commander Naval Forces Marianas; and Brigadier General Douglas
Owens, Commander 36& Wing, have indicated their previous
position has changed and they are now motivated to work with the
local community to implement and voluntarily participate in a bottle
bill program, provided it is similar in concept and execution to the
beverage container recycling deposit program now in effect in the
State of Hawaii.
It is therefore the intent of I Likeslatura to create the "Guam
Beverage Container Recycling Act," under the direction of the Guam
Environmental Protection Agency (GEPA), to begin the process of
implementing a container recycling deposit program in Guam.
It is also the intent of I Liheslatura that the implementation of
the "Guam Beverage Container Recycling Deposit Act" constitute no
additional expenditure of GEPA funds with the exception of start up
and implementation funds that shall be reimbursed by the I@ (one
cent) per container retained by GEPA and any escheat accumulating
due to non-return of containers on which deposits have been paid.
It is the additional intent of I Likeslatura to provide the caveat
that the "Guam Beverage Container Recycling Act," shall not be
implemented unless and until a memorandum of understanding or
other agreement is executed by Government of Guam and
Department of Defense representatives to assure the people of Guam
that the military commissaries and exchanges in Guam will
participate in Guam's beverage container recycling program so that
all retail facilities in Guam's civilian and military communities will be
participants under the guidelines of the "Guam Beverage Container
Recycling Act."
It is the additional intent of I Liheslatura to provide the "Guam
Beverage Container Recycling Act" with enough flexibility so that
GEPA may amend the rules from time to time depending upon
technological advances, economic conditions, waste stream
characteristics, environmental effects, or other factors.
Section 2. A new Chapter 44 is added to Title 10 Guam Code
Annotated Division 2 to read:
Section 2. A new Chapter 44 is added to Division 2, Title 10
Guam Code Annotated to read:
"CHAPTER 44
GUAM BEVERAGE CONTAINER RECYCLING ACT OF
2010
5 44101. Short Title.
5 44102. Statement of Policy.
5 44103. Definitions.
5 44104. Goals for Waste Stream Reduction.
5 44105, Deposit Fee.
§ 44106. Deposit of Beverage Container Recycling
Deposit Fees.
5 44107. Deposit Beverage Distributors; Registration,
Recordkeeping Requirements.
5 44108. Beverage Container Recycling Deposit Fund.
§ 44109. Beverage Container Recycling Deposit
Payout.
§ 44110. Audits.
5 44111. Redemption Centers.
5 44112. Acceptance of Containers.
5 44113. Deposit Beverage Distributor to Collect and
Remit Container Deposits.
5 44114. Redemption Centers' Claims for
Reimbursement and Reporting Requirements.
5 44115. Deposit Beverage Container Requirements.
5 44116. Responsibility of Dealers.
5 44117. Reverse Vending Machine Requirements.
§ 44118. Rules to be Adopted.
§ 44119. Military Cooperation.
9 44101. Short Title. This Act shall be known as "The
Guam Beverage Container Recycling Act of 2010."
5 44102. Statement of Policy. Communities throughout
the world, including our island neighbors of Kiribati and
Kosrae, in the mainland United States, Canada, Australia and
much of Europe have found that recycling has been effective in
reducing threats to our environment and in reducing the
enormous volume of solid waste produced by our modem
lifestyles.
Our island environment is precious, vulnerable, and
irreplaceable. No individual, public entity, or private
corporation has the right to pollute our air, water, or soil. The
people of Guam have an ongoing responsibility to conserve,
preserve, and enhance our natural resources and island beauty,
and to guarantee their continued existence and enjoyment in
the present and for future generations.
Some of the waste filling our dump today and bound for
our landfills tomorrow may represent a potential resource, but
without proper management these wastes will continue to be
hazards to our environment and to life itself. The reduction of
solid waste at its source and the recycling of reusable waste
materials will reduce the flow of waste to dumps and landfills
and increase the supply of reusable materials for use by the
public.
The United States Government, our Armed Forces,
numerous businesses and many concerned citizens in Guam
have already adopted environmentally friendly policies and
habits to encourage the purchase, use and re-use of
biodegradable, recyclable and recycled products. Many are
presently recycling those products for which recycling avenues
are available in Guam. It is therefore the policy of this agency of
the Government of Guam to establish a mechanism that will
provide incentives to aid the entire recycling process as it
relates to those products for which additional uses may be
found, either in Guam or by sending them off-island, and to set
achievable goals for waste stream reduction in the coming
years.
5 44103. Definitions. As used in this Chapter:
(a) "Administrator" means the Administrator of the
Guam Environmental Protection Agency.
(b) "Auditor" means the Office Public Auditor.
(c) "Beverage" means all beverages for human
consumption. For purposes of this Chapter the term beverage
shall not include items sold in a non-liquid, or frozen form or
liquid intended for medicinal purposes only.
(d) "Beverage container" means the individual,
separate, sealed glass, high density polyethylene, metal, plastic
bottle, can, jar, or carton, with a total volume of less than or
equal to sixty-four fluid ounces, used for containing, at the time
of sale to the consumer, a beverage intended for use or
consumption. Beverage containers may be for single use or for
multiple uses.
(e) "Board" means the Board of Directors of the Guam
Environmental Protection Agency.
(f) "Commercial passenger vessel" means any
domestic or foreign-flagged marine vessel or air carrier used
primarily for transporting persons to and from Guam and to
and from other destinations. The term does not include:
(1) Marine vessels authorized to carry fewer than
twenty (20) passengers; or
(2) Marine vessels for hire that do not provide
overnight accommodations for at least twenty
(20) passengers, and based on an average of
two (2) persons per cabin.
(g) "Consumer" means a person who buys a beverage
in a deposit beverage container for use or consumption and
pays the deposit.
(h) "Dealer" means every person who engages in the
sale of recyclable products to a consumer for use or
consumption off the premises.
(i) "Department" means the Guam Environmental
Protection Agency.
(j) "Deposit beverage" means beer, ale, or other drink
produced by fermenting malt, mixed spirits; mixed wine, tea
and coffee drinks regardless of dairy-derived product content;
soda, or noncarbonated water; and all nonalcoholic drinks in
liquid form and intended for internal human consumption that
is contained in a deposit beverag? container.
The term "deposit beverage" excludes the following:
(1) A liquid that is:
(A) A syrup;
(B) In a concentrated forrn; or
(C) Typically added as a minor flavoring
ingredient in food or drink, such as
extracts, cooking additives, sauces, or
condiments;
(2) A liquid which is a drug, medical food or
infant formula as defined by the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. $301 et
seq.);
(3) A liquid which is designed and consumed
only as a dietary supplement and not as a
beverage as defined in the Dietary
Supplement Health and Education Act of 1994
(P.L. 103-417);
(4) Products frozen at the time of sale to the
consumer, or, in the case of institutional users
such as hospitals and nursing homes, at the
time of sale to the users;
(5) Products designed to be consumed in a frozen
state;
(6) Instant drink powders;
(7) Seafood, meat, or vegetable broths, or soups,
but not juices; and
(8) Milk and all other dairy-derived products,
except tea and coffee drinks with trace
amounts of these products.
(k) "Deposit beverage container" means the individual,
separate, sealed glass, polyethylene terephthalate, high density
polyethylene, or metal container less than or equal to sixtyeight
fluid ounces, used for containing, at the time of sale to the
consumer, a deposit beverage intended for use or consumption
in Guam.
(1) "Deposit Beverage Distributor" means a business
licensed in Guam that engages in the sale or distribution of any
and all alcoholic and non-alcoholic beverages, juices, flavored
drinks, milk, coffee, tea and water in recyclable products to a
dealer in Guam, including any manufacturer who engages in
such sales and imports and sells such products to either or both
consumers and retailers located on either or both federal and
private property. "Deposit Beverage Distributor" also means a
"Wholesaler . "
(m) "Deposit Fee" means the amount added to the listed
price of a product that the consumer must pay to the dealer or
distributor as a deposit for each individual beverage container
that has been identified by the Department as recyclable and
requiring a deposit. An amount equivalent to at least 80% of the
deposit fee shall be returned to the redeemer when the
redeemer sells the container to a redemption center. No taxes
shall be assessed or collected on deposit fees accepted by
dealers for products approved in this Chapter 44 for recycling
purposes.
(n) "Escheat" means the deposit fee paid to a dealer or
deposit beverage distributor that remains unclaimed and
becomes department property.
(0) "Import" means to buy, bring, or accept delivery of
deposit beverage containers from an address, supplier, or any
entity outside of Guam.
(p) "Importer" means any person who buys, brings, or
accepts delivery of deposit beverage containers from outside of
Guam for sale or use within Guam.
(q) "List of Approved Containers" means the list
compiled the Board of approved containers identified for
recycling deposits. Containers may not be placed upon the list
unless a process to recycle, reuse, convert to energy, or
physically remove containers from Guam has been established
or will be established concurrent with placement upon said list.
(r) "Manufacturer" means every person producing
recyclable products including those who package or fill
recyclable products for sale to distributors or dealers.
(s) "On-premises consumption" means to consume
deposit beverages by a consumer immediately and within the
area under control of the establishment, including bars,
restaurants, commercial passenger vessels, and airplanes.
(t) "Personf' means an individual, corporation,
company, association, partnership, federal agency, or agency of
the government of Guam.
(u) "Recycling facility" means all contiguous land and
structures and other appurtenances, and improvements on the
land used for the collection, separation, recovery, and sale or
reuse of resources that would otherwise be disposed of as
municipal solid waste, and is an integral part of a
manufacturing process aimed at producing a marketable
product made of post-consumer material whether
manufactured locally or produced off-island.
(v) "Redeemer" means a person, other than a dealer or
distributor, who demands at least 80% of the refund value in
exchange for an empty deposit beverage container.
(w) "Redemption center" means an operation that
accepts empty deposit beverage containers from redeemers and
provides at least 80% of the refund value for empty deposit
beverage containers intended to be recycled and ensures that
the empty deposit beverage containers are properly recycled.
(x) "Refillable beverage container" means any deposit
beverage container, which ordinarily would be returned to the
manufacturer to be refilled and resold.
(y) "Refund amount" means the amount of the deposit
fee refunded to a redeemer, which shall be at least 75% of the
total amount of deposit fee paid per container.
(z) "Reverse vending machine" means a mechanical
device, which accepts one or more types of empty deposit
beverage containers and issues coins or a redeemable credit slip
with a value not less than the container's refund value.
(aa) "Wholesaler" means a "Deposit Beverage
Distributor."
5 44104. Goals for Waste Stream Reduction. The goal of
this Act is to reduce the amount of material in our waste stream
by a minimum of five percent (5%) each year from 2010 to 2016,
achieving a thirty-five percent (35%) reduction by the year 2016
through the practice of waste volume reduction at the source
and through recycling. Should a facility or facilities employing
combustion of solid waste and refuse-derived fuel with energy
recovery (waste-to-energy) become operational in Guam prior
to 2016 as a component of an approved comprehensive plan,
then waste reduction goals shall increase by an additional five
percent (5%) each year, beginning with the first full year that
the waste-to-energy plant is in operation.
§ 44105. Deposit Fee. A deposit fee of not less than five
cents (54) is hereby levied on each beverage container described
in § 44103(d) and sold in Guam for off-premises consumption.
Such fee shall be remitted to the department by deposit
beverage distributors, licensed in Guam, which distribute such
beverage containers.
§ 44106. Deposit of Beverage Container Recycling
Deposit Fees.
(a) Deposit Beverage Distributors of beverage containers
that meet the conditions described in item (b) of this § 44106
shall, on a monthly basis, remit an amount equal to the deposit
fee described in § 44105 of this Chapter 44 multiplied by the
number of containers that have been purchased on which the
deposit is applied, and for which payment has been received by
the wholesaler in the previous calendar month. Deposits shall
be made in the manner and on the forms prescribed by the
department.
(b) Types of containers upon which deposit fees shall
be levied must be first approved by the Board for placement
upon a list of approved containers identified for recycling
deposits. Containers may not be placed upon the list of
approved containers identified for recycling unless a process to
recycle, reuse, convert to energy, or physically remove
containers from Guam has been established or will be
established concurrent with placement upon said list.
(d) The Board upon recommendation of the director shall
from time to time examine and may elect to increase either the
deposit fee or the percentage of the refund value returned to
the redeemer or both as provided in § 44109 of this Act.
(e) Levy of the deposit fee imposed upon beverage
containers shall begin on July 1,2010, except as may otherwise
be provided in this act.
5 44107. Deposit Beverage Distributors; Registration,
Recordkeeping Requirements.
(a) By July 1, 2010, All Deposit Beverage Distributors
operating in Guam 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. After July 1, 2010, any person who
desires to conduct business in Guam as a Deposit Beverage
Distributor shall register with the Department no later than one
month prior to the commencement of the business.
(b) All Deposit Beverage Distributors shall maintain
records reflecting the manufacture of their beverages in deposit
beverage containers as well as the importation and exportation
of deposit beverage containers. 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:
(1) As may be reasonably required in an
administrative or judicial proceeding to
enforce any provision of this chapter or any
rule adopted pursuant to this chapter; or
(2) Under an order issued by a court or
administrative agency hearings officer.
5 44108. Beverage Container Recycling Deposit Fund.
(a) There is within the Government of Guam and under
the control of the Department a Beverage Container Recycling
Deposit Fund, which is hereby created, into which the proceeds
from recycling deposit fees as provided in 344105 of this act are
deposited, and in which all interest earned by the Beverage
Container Recycling Deposit Fund shall accrue.
(b) The Beverage Container Recycling Deposit Fund shall
be administered separate and apart from any other fund of the
Government and shall not be subject to any transfer authority
of the Governor or appropriation by the Legislature except as
provided in this Chapter 44.
(c) The funds remitted into the Beverage Container
Recycling Deposit Fund shall be used only for the following
purposes:
(1) Reimbursements to Redemption Centers of
amounts refunded to redeemers;
(2) Expenses related to administer the provisions
of this Chapter 44;
(3) Funding of administrative, audit, and
compliance activities associated with
collection and payment of the deposits of the
Beverage Container Recycling Deposit Act;
(4) Conducting of recycling education and
demonstration projects; and
(5) Promotion of recycling related activities.
5 44109. Beverage Container Recycling Deposit Payout.
(a) For each empty beverage container approved for
recycling deposits under 44105 (c) and brought to a
redemption center, Eighty percent (go%), or four cents (40) shall
be returned to the redeemer for each empty beverage container.
Payouts to redeemers shall begin on October 1,2010.
(e) A person operating a redemption center may compact
empty metal beverage containers with the approval of the
recycling facility required to accept the containers.
9 44110. Audits. The Office of the Public Auditor shall
conduct a management and financial audit of the program
beginning in fiscal year 2011, and for each fiscal year thereafter
ending in an even number. The costs incurred by the auditor
for the audit shall be reimbursed by the Beverage Container
Recycling Deposit Fund. The auditor may contract the audit
services of a third party to conduct the audit.
544111. Redemption Centers.
(a) To facilitate the return of empty beverage containers,
and subject to the approval of the Department and appropriate
business licensing, any person may establish a redemption
center at which consumers may return empty beverage
containers and receive payment of the refund value of such
beverage containers. Refunds may be based on number or
weight of deposit beverage containers.
(b) An application for approval of a Redemption Center
shall be filed with the Department. The application shall state
the name and address of the person responsible for the
establishment and operation of the Redemption Center, the
kind of beverage containers that will be accepted at the
Redemption Center, and the names of the distributor or
distributors that will be handling and exporting their
recyclables, if different from the name of the operator of the
Redemption Center. The application shall contain such other
information as the administrator may reasonably require.
(c) The Department shall approve a Redemption Center if
it finds that the Redemption Center will provide a convenient
service to consumers for the return of empty beverage
containers. The order of the Department approving a
Redemption Center shall state the kind of empty beverage
containers that the Redemption Center must accept. The order
may contain such other provisions to insure that the
Redemption Center will provide a convenient service to the
public as the administrator may deternine. Applicants shall be
appropriately licensed to conduct business in Guam by the
Department of Revenue and Taxation.
(d) The Department may review the approval of any
Redemption Center at any time. After written notice to the
person responsible for the establishment and operation of the
Redemption Center, the Department may, after hearing,
withdraw approval of a Redemption Center if the Department
finds there has not been compliance with the Department's
order approving the Redemption Center, or if the Redemption
Center no longer provides a convenient service to the public.
(e) All approved Redemption Centers shall meet
applicable health standards and shall be maintained in full
compliance with applicable laws and with the orders and rules
of the department, including permitting requirements.
(f) Redemption centers shall:
(1) Accept all types of empty deposit beverage
containers for which a deposit has been paid;
(2) Pay to the redeemer the full refund value in
either cash or a redeemable voucher for all
deposit beverage containers;
(3) Remain open at least thirty hours per week, of
which at least five hours shall be on Saturday
or Sunday; and
(4) Forward the documentation necessary to
support claims for payment as stated in 3
441 14 of this Chapter 44.
(g) The Department shall prepare printed material to be
posted at dealer locations in conspicuous areas identifying the
location of approved Redemption Centers and specdying what
type of recyclable materials may be deposited at each center.
(h) All Redemption Centers shall submit to the
department the following information on forms and on dates
prescribed by the department, which information shall include
at a minimum:
(1) The number or weight of deposit beverage
containers of each material type accepted at
the redemption center for the reporting
period; and
(2) The amount of refunds paid out by material
§ 44112. Acceptance of Containers. A redemption center
shall not refuse to accept from a consumer any empty beverage
container described in § 44103 (d), or refuse to pay to the
consumer the refund value of a beverage container as provided
in 5 44109, except for the following reasons:
(1) The deposit beverage container is broken,
corroded, or dismembered;
(2) The deposit beverage container contains a
free-flowing liquid;
(3) The deposit beverage container holds a
significant amount of foreign material; or
(4) The deposit beverage container appears to
have been previously processed and baled.
5 44113. Deposit Beverage Distributor to Collect and
Remit Container Deposits. Deposit Beverage Distributors
licensed in Guam that meet the conditions described in items 1
through 3 below shall, on a monthly basis, remit an amount for
deposits for such beverage containers as described pursuant to
this Chapter equal to the amount of the deposit as described in
5 44105 (a) and (b) of this Chapter 44, in the manner and on the
forms developed by the Department, payable to the Beverage
Container Recycling Deposit Fund, and subject to the
requirements of the Department.
(1) Condition 1: The Deposit Beverage
Distributor licensed in Guam distributes
beverages that may include any and all
alcoholic and non-alcoholic beverages, juices,
flavored drinks, milk, coffee, tea and water;
and
(2) Condition 2: Any of the beverages distributed
are in containers that have been identified by
the Guam Environmental Protection Agency
as that which can be recycled pursuant to §
44112 of this chapter; and
(3) The business is a distributor in Guam of any
such beverage product for sale to customers
by retailers located on both federal and
private property to both military and local
retailers."
44114. Redemption Centers' Claims for
Reimbursement and Reporting Requirements.
(a) Claims for reimbursements of refund amounts paid
out by Redemption Centers shall be made by Redemption
Centers in the manner, on the forms, and in the frequency
specified by the Department.
(b) The department shall pay certified redemption centers
refund values as described in § 44109 of this Chapter 44, based
on collection reports submitted by the redemption centers. All
redemption centers shall submit to the department the
following information on form prescribed by the department,
which information shall include at a minimum:
(1) The number or weight of deposit 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; and
(3) The number or weight of deposit beverage
containers of each material type to be
transported to a permitted recycling facility.
5 44115. Deposit Beverage Container Requirements.
(a) Except as provided in @) and (c) of this § 44115,
effective on September 1, 2011, every deposit beverage
container sold in Guam shall clearly indicate the refund value
of the container and the word "Guam" or the letters "GU." The
names or letters representing the names of other states or
jurisdictions with comparable deposit legislation may also be
included in the indication of refund value. The refund value on
every deposit beverage container shall be clearly, prominently,
and indelibly marked by painting, printing, scratch embossing,
raised letter embossing, or securely affixed stickers and shall be
affixed on the top or side of the container in letters at least oneeighth
inch in size.
(b) Subsection (a) of this 5 44115 shall not apply to any
type of refillable glass deposit beverage container that has a
brand name permanently marked on it and that has the
equivalent of a refund value of at least 5 cents, which is paid
upon receipt of the container by a dealer or deposit beverage
distributor.
(c) Containers that do not meet the definition of a deposit
beverage container, as specified in 9 44103 (c) of this Chapter
44, shall not indicate "Guam" or "GU" on the container.
9 44116. Responsibility of Dealers. Dealers who are not
redemption centers 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 Recycling Redemption Center location(s).
Businesses that sell deposit beverages for on-premises
consumption, such as hotels, bars, and restaurants, shall collect
used deposit beverage containers from the patron and either
use a certified redemption center for the collection of containers
or become a Recycling Redemption Center.
44117. Reverse Vending Machine Requirements.
Reverse vending machines may be used by Recycling
Redemption Centers to satisfy the requirements of this Chapter
44, provided that the reverse vending machine shall accept one
or more types of empty deposit beverage containers and shall
pay out appropriate refunds as coins or via a redeemable credit
slip with a value not less than the refund value of the container
or containers being redeemed. Reverse vending machines shall
be routinely serviced to ensure proper operation and
continuous acceptance of empty deposit beverage containers
and payment of the refund value.
5 44118. Rules to be Adopted.
(a) The Board shall convene an advisory committee to
assist in the development of all rules needed to implement this
Chapter 44. Members of the committee shall assess the impact
on consumers, recyclers, the military, and the beverage
industry. Members of the committee shall be appointed by the
administrator and shall serve at the administrator's pleasure. A
simple majority of the committee members shall constitute a
quorum for the purposes of recommending rules and providing
input to the Board.
(b) The Board may adopt rules pursuant to this chapter 44
as may be necessary to carry out its provisions. Amendments to
such Rules may be considered and adopted from time to time
to replace or supplement such rules as may be in existence, to
include:
(1) Identifying items to be recycled in addition to
beverage containers;
(2) Establishing or revising appropriate deposit
fees and refund values;
(3) Regulating redemption centers and the
redemption process for recyclable items; and
(4) Establishing and revising appropriate forms
and procedures to reimburse Redemption
Centers applying for refund amounts."
5 44119. Military Cooperation. The provisions of
tlus Chapter 44 relative to beverage container recycling deposit
fees shall not be implemented, and deposits as defined in this
Chapter 44 shall not be assessed or collected on beverage
containers until the Government of Guam and the U.S. Navy
and U.S. Air Force commands in Gum shall have established a
voluntary agreement in writing that provides for such deposit
fees to be assessed and collected throughout Guam, including
all locations both on and off federal property, in the manner
described in such voluntary agreement. Assessment and
collection of deposit fees on beverage containers shall continue
only for the period of time that such voluntary agreement is in
effect."
Section 3. A new 576220 is added to Chapter 76 Article 2 of
Title 11 Guam Code Annotated to read:
"576220. Recycling Redemption Center Endorsements.
An endorsement for a Recycling Redemption Center must be
obtained by any person who engages in the business of
receiving recyclable products and remitting a portion of deposit
fees to redeemers. Such required endorsement is approval by
the Guam Environmental Protection Agency pursuant to
Chapter 44 of Title 10 Guam Code Annotated."
Section 4. Effective Dates. The provisions of this Act shall take
effect as follows:
(a) Section 2, $5 44105, 44106 and 44107 shall take effect
twelve (12) months after the effective date of the voluntary agreement
described in Title 10 GCA Chapter 44 § 44119.
(b) Section 2,s 44109 and 9 44110 shall take effect fifteen (15)
months after the effective date of the voluntary agreement described
in Title 10 GCA Chapter 44 § 44119 .
(c) Section 2, § 44114 shall take effect twenty-four (24)
months after the effective date of the voluntary agreement described
in Title 10 GCA Chapter 44 § 44119."
Section 5. Severability. If any provision of this Law or its
application to any person or circumstance is found to be invalid or
contrary to law, such invalidity shall not affect other provisions or
applications of this Law which can be given effect without the invalid
provisions or application, and to this end the provisions of this Law
are severable.

Amendments

Several changes were requested for the legislation, specifically in regards to the overly long lengths of time allotted before the program goes into effect. The Committee on Rules, Natural Resources and Federal, Foreign & Micronesian Affairs made the following amendments to Bill No. 149-30 (COR):

Section 2, § 44103: (1): Definition of "Deposit Beverage Distributor" amended to cover distributors not licensed in Guam which sell to businesses both on and off Guam's bases. (y): Definition amended to make "refund amount" consistent with items (v), redeemer," and (w), "redemption center."

Section 2, § 44104: Changes dates to conform with implementation of recycling deposit fee and 35% reduction in waste stream.

Section 2, § 44105: Allows board to adjust deposit fee amounts. Adds subitem (a) relative to taxes on deposits, repeating language in § 44103 (m).

Section 2, § 44106: Renumbers items (d) and (e) properly to (c) and (d) respectively. Changes the date for implementation of the deposit fee from "July 1, 2010" to "six (6) months (180 calendar days) after the effective date of the voluntary agreement" that guarantees military cooperation.

Section 2, § 44107: Changes the deadline for beginning registration of existing Deposit Beverage Distributors from "July 1, 2010" to "six (6) months (180 calendar days) after the effective date of the voluntary agreement" that guarantees military cooperation.

Section 2, § 44109: Removes the unnecessary text "or four cents (4¢)" to prevent future problems if the Department changes the amount of deposit. Payouts are to begin "six (6) months (180 calendar days) after the effective date of the voluntary agreement" that guarantees military cooperation.

Renumbers item (e) to (b).

Section 2, § 44110: Changes the fiscal year for the Office of Public Auditor to begin the biennial management and financial audits from FY2011 to FY2012.

Section 2, § 44113: Changes reference to cite entire§ 44105.

Section 2, § 44115: Corrects reference from"§ 44103 (c)" to"§ 44103 (d)."

Section 2, § 44118: Adds a new item (c) to allow the board to "consider the merging or transfer of the functions described in this Chapter 44 with the functions of an autonomous entity created to manage all solid waste concerns within Guam."

Section 4, Effective Dates: Changes the date for various provisions to take effect from "12 months after the effective date from of the voluntary agreement" that guarantees military cooperation, to" six months (180 calendar days)."