Bill text| Bill Number and Name | House Bill 238, the Beverage Container Act Bill text |
|---|---|
| Primary Sponsor | Thomas A. Garcia |
| Beverages Covered | wine, alcoholic liquor, beer, mineral water, and other carbonated soft drinks |
| Containers Covered | sealed glass, plastic, or metal bottles, cans, jars or cartons |
| Deposits | 5¢ |
| Handling Fees | 1¢, paid by distributor to redemption center |
| Other Fees / Taxes | |
| Reclamation System | Return to retail or redemption centers |
| Unredeemed Deposits | Retained by distributor |
In this bill, the beverage manufacturer is only the initiator of the deposit if they sell directly to dealers. In all other cases, the distributor is the first to charge a deposit.
Refillable glass containers with a deposit of 5¢ or more are exempt from the law, as are containers sold on commercial trains and planes.
The bill sets out provisions by which a person may establish a licensed redemption center. Dealers are exempt from issuing refunds if they are listed in an order approving a redemption center.
Special provisions are made for cans and other metal nonrefillable containers. If these containers are lawfully refused by a dealer or redemption center but the deposit value is still visible on the container, a person may still get their refund by taking the container to a special facility. These facilities must be established by beer distributors selling nonrefillable metal containers, at least one in each county, and more in cities with a population above 25,000
Plastic cans--containers made of both metal and plastic (excluding their closure mechanism) are prohibited for sale in the state. The bill also prohibits the landfilling of beverage containers covered by the Act.
The bill also establishes a fund designated for grants to improve independent redemption centers. Many deposit systems feature similar funds paid with unclaimed deposits. That is not the case in this bill. Rather, unclaimed deposits remain the property of the distributors, and funds for the grant program are only received through appropriation.
Violations and penalties are also laid out in the bill.
January 31, 2011: Introduced