Bill Text: GA HB51 | 2011-2012 | Regular Session | Introduced

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Bill Title: Commerce and trade; deposit on beverage containers; recycling; provide

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2011-01-25 - House Second Readers [HB51 Detail]

Download: Georgia-2011-HB51-Introduced.html

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11 LC 34 2806

House Bill 51

By: Representative Jones of the 44th

A BILL TO BE ENTITLED
AN ACT

To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for a deposit on beverage containers in order to encourage collection and recycling of such containers; to provide for legislative findings; to provide for definitions; to provide for payment of deposits and refunds; to provide for mandatory acceptance by dealers; to provide labeling requirements for beverage containers; to provide for the deposit and disposition of refunds; to provide for registration and reports; to provide for redemption centers; to provide for issuance of rules and regulations by the revenue commissioner; to provide for public education; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding a new chapter, to read as follows:

"CHAPTER 16

10-16-1.

The General Assembly finds that litter composed of discarded beverage containers is a growing problem of state concern and a direct threat to the health and safety of the citizens of this state. Discarded beverage containers create a hazard to vehicular traffic, a source of physical injury to pedestrians and farm animals, a hazard to farm and other machinery, and an unsightly accumulation of litter which must be disposed of at increasing public expense. Beverage containers also create an unnecessary addition to the state's and municipalities' already overburdened solid waste and refuse disposal systems. Unsegregated disposal of such containers creates an impediment to the efficient operation of resource recovery plants. Further, the General Assembly finds that the uninhibited discarding of beverage containers constitutes a waste of both mineral and energy resources. The General Assembly hereby finds that requiring a deposit on all beverage containers, along with certain other facilitating measures, will provide a necessary incentive for the economically efficient and environmentally benign collection and recycling of such containers.

10-16-2.

As used in this chapter, the term:

(1) 'Beverage' means carbonated soft drinks, water, beer, other malt beverages, and wine.

(2) 'Beverage container' means the individual, separate, sealed glass, metal, aluminum, steel, or plastic bottle, can, or jar used for containing less than one gallon or 3.78 liters at the time of sale or offer for sale of a beverage intended for use or consumption in this state. Beverage containers sold or offered for sale or distributed aboard aircraft or ships shall be considered as intended for use or consumption outside this state.

(3) 'Bottler' means a person, firm, or corporation who:

(A) Bottles, cans, or otherwise packages beverages in beverage containers except that if such packaging is for a distributor having the right to bottle, can, or otherwise package the same brand of beverage, then such distributor shall be the bottler; or

(B) Imports filled beverage containers into the United States.

(4) 'Commissioner' means the revenue commissioner.

(5) 'Dealer' means every person, firm, or corporation who engages in the sale of beverages in beverage containers to a consumer for off-premises consumption in this state.

(6) 'Department' means the Department of Revenue.

(7) 'Deposit initiator' for each beverage container for which a refund value is established under Code Section 10-16-3 means:

(A) The bottler of the beverage in such container;

(B) The distributor of such container if such distributor's purchase of such container was not, directly or indirectly, from a registered deposit initiator;

(C) A dealer of such container who sells or offers for sale such container in this state, whose purchase of such container was not, directly or indirectly, from a registered deposit initiator; or

(D) An agent acting on behalf of a registered deposit initiator.

(8) 'Distributor' means any person, firm, or corporation which engages in the sale or offer for sale of beverages in beverage containers to a dealer.

(9) 'Malt beverages' means any beverage obtained by the alcoholic fermentation or infusion or decoction of barley, malt, hops, or other wholesome grain or cereal and water, including, but not limited to, ale, stout, or malt liquor.

(10) 'Place of business' means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.

(11) 'Redeemer' means every person who demands the refund value provided for in this chapter in exchange for the empty beverage container, but shall not include a dealer.

(12) 'Redemption center' means any person offering to pay the refund value of an empty beverage container to a redeemer, or any person who contracts with one or more dealers or distributors to collect, sort, and obtain the refund value and handling fee of empty beverage containers for, or on behalf of, such dealer or distributor under the provisions of Code Section 10-16-8.

(13) 'Reverse vending machine' means an automated device that uses a laser scanner, microprocessor, or other technology to accurately recognize the universal product code on containers to determine if the container is redeemable and accumulates information regarding containers redeemed, including the number of such containers redeemed, thereby enabling the reverse vending machine to accept containers from redeemers and to issue a scrip or receipt for their refund value.

(14) 'Ship' or 'ships' means any ocean-going vessel used to carry passengers or freight in interstate or foreign commerce.

(15) 'Universal product code' or 'UPC code' means a standard for encoding a set of lines and spaces that can be scanned and interpreted into numbers to identify a product. Universal product code may also mean any accepted industry barcode which replaces the UPC code, including EAN and other codes that may be used to identify a product.

(16) 'Use or consumption' means the exercise of any right or power incident to the ownership of a beverage, other than the sale or the keeping or retention of a beverage for the purpose of sale.

(17) 'Water' means any beverage identified through the use of letters, words, or symbols on its product label as a type of water, including any flavored water or nutritionally enhanced water; provided, however, that 'water' does not include any beverage identified as a type of water to which a sugar has been added.

10-16-3.

No person shall sell or offer for sale a beverage container in this state unless the deposit on such beverage container is or has been collected by a registered deposit initiator and unless such container has a refund value of not less than five cents which is clearly indicated thereon as provided in Code Section 10-16-6.

10-16-4.

(a) Except as provided in Code Section 10-16-5:

(1) A dealer shall accept at his or her place of business from a redeemer any empty beverage containers of the design, shape, size, color, composition, and brand sold or offered for sale by the dealer and shall pay to the redeemer the refund value of each such beverage container as established in Code Section 10-16-3. Redemptions of refund value shall be in legal tender, or a scrip or receipt from a reverse vending machine, provided that the scrip or receipt can be exchanged for legal tender for a period of not less than 60 days without requiring the purchase of other goods. The use or presence of a reverse vending machine shall not relieve a dealer of any obligations imposed pursuant to this chapter. If a dealer utilizes a reverse vending machine to redeem containers, the dealer shall provide redemption of beverage containers when the reverse vending machine is full, broken, under repair, or does not accept a type of beverage container sold or offered for sale by such dealer and shall not limit the hours or days of redemption except as provided by subsection (c) of this Code section;

(2) Beginning January 1, 2012, a dealer whose place of business is part of a chain engaged in the same general field of business which operates ten or more units in this state under common ownership and whose business exceeds:

(A) Forty thousand square feet but is less than 60,000 square feet shall install and maintain at least three reverse vending machines at the dealer's place of business;

(B) Sixty thousand square feet but is less than 85,000 square feet shall install and maintain at least four reverse vending machines at the dealer's place of business; or

(C) Eighty-five thousand square feet shall install and maintain at least eight reverse vending machines at the dealer's place of business;

provided, however, that the requirements of this paragraph to install and maintain reverse vending machines shall not apply to a dealer that sells only refrigerated beverage containers of 20 ounces or less where each beverage container is sold as an individual container that is not connected to or packaged with any other beverage container;

(3) A dealer to which paragraph (2) of this subsection does not apply and whose place of business is at least 40,000 square feet which does not utilize reverse vending machines to process empty beverage containers for redemption shall:

(A) Establish and maintain a dedicated area within such business to accept beverage containers for redemption;

(B) Adequately staff such area to facilitate efficient acceptance and processing of such containers during business hours; and

(C) Post one or more conspicuous signs conforming to the size and color requirements described in subsection (b) of this Code section at each public entrance to the business which describes where in the business the redemption area is located.

The commissioner may establish in rules and regulations additional standards for the efficient processing of beverage containers by such dealers; and

(4) For the purposes of this subsection, on any day that a dealer is open for less than 24 hours, the dealer may restrict or refuse the payment of refund values during the first and last hour the dealer is open for business.

(b) A dealer shall post a conspicuous sign, at the point of sale, that states:

'GEORGIA BOTTLE REFUND BILL OF RIGHTS
STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU HAVE CERTAIN RIGHTS UNDER THE GEORGIA BOTTLE REFUND ACT:

THE RIGHT to return your empties for refund to any dealer who sells the same brand, type, and size, whether you bought the beverage from the dealer or not. It is illegal to return containers for refund that you did not pay a deposit on in Georgia.

THE RIGHT to get your deposit refund in cash, without proof of purchase.

THE RIGHT to return your empties any day, any hour, except for the first and last hour of the dealer's business day (empty containers may be redeemed at any time in 24 hour stores).

THE RIGHT to return your containers if they are empty and intact. Washing containers is not required by law, but is strongly recommended to maintain sanitary conditions.

These provisions can be enforced by the Georgia Department of Revenue.'

Such sign shall be no less than eight inches by ten inches in size and have lettering a minimum of one-quarter inch high, and of a color which contrasts with the background. The department shall maintain a toll-free telephone number for a 'bottle complaint line' that shall be available from 9:00 A.M. to 5:00 P.M. each business day to receive reports of violations of this chapter. The telephone number shall be listed on any sign required by this Code section.

(c) On or after June 1, 2012, a dealer may limit the number of empty beverage containers to be accepted for redemption at the dealer's place of business to no less than 72 containers per visit, per redeemer, per day, provided that:

(1) The dealer has a written agreement with a redemption center, be it either at a fixed physical location within the same county and within one-half mile of the dealer's place of business, or a mobile redemption center, operated by a redemption center, that is located within one-quarter mile of the dealer's place of business. The redemption center shall have a written agreement with the dealer to accept containers on behalf of the dealer; and the redemption center's hours of operation shall cover at least 9:00 A.M. through 7:00 P.M. daily or in the case of a mobile redemption center, the hours of operation shall cover at least four consecutive hours between 8:00 A.M. and 8:00 P.M. daily. The dealer shall post a conspicuous, permanent sign, meeting the size and color specifications set forth in subsection (b) of this Code section, open to public view, identifying the location and hours of operation of the affiliated redemption center or mobile redemption center;

(2) The dealer provides, at a minimum, a consecutive two-hour period between 7:00 A.M. and 7:00 P.M. daily whereby the dealer will accept up to 240 containers, per redeemer, per day, and posts a conspicuous, permanent sign, meeting the size and color specifications set forth in subsection (b) of this Code section, open to public view, identifying those hours. The dealer shall not change the hours of redemption without first posting a 30 day notice; and

(3) The dealer's primary business is the sale of food or beverages for consumption off premises, and the dealer's place of business is less than 10,000 square feet in size.

(d) A deposit initiator shall accept from a dealer or operator of a redemption center any empty beverage container of the design, shape, size, color, composition, and brand sold or offered for sale by the deposit initiator and shall pay the dealer or operator of a redemption center the refund value of each such beverage container as established by Code Section 10-16-3. A deposit initiator shall accept and redeem all such empty beverage containers from a dealer or redemption center without limitation on quantity.

(e) A deposit initiator's or distributor's failure to pick up empty beverage containers, including containers processed in a reverse vending machine, from a redemption center, dealer, or the operator of a reverse vending machine shall be a violation of this chapter.

(f) In addition to the refund value of a beverage container as established by Code Section 10-16-3, a deposit initiator shall pay to any dealer or operator of a redemption center a handling fee of three and one-half cents for each beverage container accepted by the deposit initiator from such dealer or operator of a redemption center. Payment of the handling fee shall be as compensation for collecting, sorting, and packaging of empty beverage containers for transport back to the deposit initiator or its designee. Payment of the handling fee shall not be conditioned on the purchase of any goods or services, nor shall such payment be made out of the refund value account established pursuant to Code Section 10-16-7. A distributor who does not initiate deposits on a type of beverage container shall be considered a dealer only for the purpose of receiving a handling fee from a deposit initiator.

(g) A deposit initiator on a brand shall accept from a distributor who does not initiate deposits on that brand any empty beverage containers of that brand accepted by the distributor from a dealer or operator of a redemption center and shall reimburse the distributor the refund value of each such beverage container, as established by Code Section 10-16-3. In addition, the deposit initiator shall reimburse such distributor for each such beverage container the handling fee established under subsection (f) of this Code section. Without limiting the rights of the department or any person, firm, or corporation under this subsection or any other provision of this Code section, a distributor shall have a civil right of action to enforce this subsection, including, upon three days notice, the right to apply for temporary and preliminary injunctive relief against continuing violations and until arrangements for collection and return of empty containers or reimbursement of such distributor for such deposits and handling fees are made.

(h) It shall be the responsibility of the deposit initiator or distributor to provide to a dealer or redemption center a sufficient number of bags, cartons, or other suitable containers, at no cost, for the packaging, handling, and pickup of empty beverage containers that are not redeemed through a reverse vending machine. The bags, cartons, or containers shall be provided by the deposit initiator or distributor on a schedule that allows the dealer or redemption center sufficient time to sort the empty beverage containers prior to pickup by the deposit initiator or distributor. In addition:

(1) When picking up empty beverage containers, a deposit initiator or distributor shall not require a dealer or redemption center to load their own bags, cartons, or containers onto or into the deposit initiator's or distributor's vehicle or vehicles or provide the staff or equipment needed to do so;

(2) A deposit initiator or distributor shall not require empty containers to be counted at a location other than the redemption center or dealer's place of business. The dealer or redemption center shall have the right to be present at the count; and

(3) A deposit initiator or distributor shall pick up empty beverage containers from the dealer or redemption center at reasonable times and intervals as determined in rules or regulations promulgated by the department.

(i) No person shall return or assist another to return to a dealer or redemption center an empty beverage container for its refund value if such container had previously been accepted for redemption by a dealer, redemption center, or deposit initiator who initiates deposits on beverage containers of the same brand.

(j) A redeemer, dealer, distributor, or redemption center shall not knowingly redeem an empty beverage container on which a deposit was never paid in Georgia.

(k) Notwithstanding the provisions of subsection (b) of Code Section 10-16-5, a deposit initiator or distributor shall accept and redeem beverage containers if the dealer or operator of a redemption center shall have accepted and paid the refund value of such beverage containers.

10-16-5.

(a) A dealer or operator of a redemption center may refuse to accept from a redeemer, and a deposit initiator or distributor may refuse to accept from a dealer or operator of a redemption center, any empty beverage container which does not state thereon a refund value as established by Code Section 10-16-3 and provided by Code Section 10-16-6.

(b) A dealer or operator of a redemption center may also refuse to accept any broken bottle, corroded or dismembered can, or any beverage container which contains a significant amount of foreign material, as determined in rules and regulations to be promulgated by the commissioner.

10-16-6.

(a) Every beverage container sold or offered for sale in this state by a distributor or dealer shall clearly indicate by permanently marking or embossing the container or by printing as part of the product label the refund value of the container and the words 'Georgia' or the letters 'GA'; provided, however, that in the case of private label beverages, such information may be embossed or printed on a label which is securely or permanently affixed to the beverage container. As used in this Code section, the term 'private label beverage' means beverages purchased from a beverage manufacturer in beverage containers bearing a brand name or trademark for sale at retail directly by the owner or licensee of such brand name or trademark or through retail dealers affiliated with such owner or licensee by a cooperative or franchise agreement.

(b) Such embossing or permanent imprinting on the beverage container shall be the responsibility of the person, firm, or corporation which bottles, cans, or otherwise fills or packages a beverage container or a brand owner for whose exclusive account private label beverages are bottled, canned, or otherwise packaged; provided, however, that the duly authorized agent of any such person, firm, or corporation may indicate such refund value by a label securely affixed on any beverage container containing beverages imported into the United States.

(c) No deposit initiator, distributor, or dealer shall sell or offer for sale, at wholesale or retail in this state, any metal beverage container designed and constructed with a part of the container which is detachable in opening the container unless such detachable part will decompose by photodegradation or biodegradation.

(d) No deposit initiator, distributor, or dealer shall sell or offer for sale in this state beverage containers connected to each other by a separate holding device constructed of plastic which does not decompose by photodegradation or biodegradation.

10-16-7.

(a) Each deposit initiator shall deposit in a refund value account an amount equal to the refund value initiated under Code Section 10-16-3 which is received with respect to each beverage container sold by such deposit initiator. Such deposit initiator shall hold the amounts in the refund value account in trust for the state. A refund value account shall be an interest-bearing account established in a banking institution located in this state, the deposits in which are insured by an agency of the federal government. Deposits of such amounts into the refund value account shall be made not less frequently than every five business days. All interest, dividends, and returns earned on the refund value account shall be paid directly into said account. The moneys in such accounts shall be kept separate and apart from all other moneys in the possession of the deposit initiator. The commissioner may specify a system of accounts and records to be maintained with respect to accounts established under this subsection.

(b) Payments of refund values pursuant to Code Section 10-16-4 shall be paid from each deposit initiator's refund value account. No other payment or withdrawal from such account shall be made except as prescribed by this Code section.

(c) Each deposit initiator shall file quarterly reports with the commissioner on a form and in the manner prescribed by the commissioner. The commissioner may require such reports to be filed electronically. The quarterly reports required by this subsection shall be filed for the quarterly periods ending on the last day of May, August, November, and February of each year, and each such report shall be filed within 20 days after the end of the quarterly period covered thereby. Each such report shall include all information the commissioner shall determine appropriate, including, but not limited to, the following information:

(1) The balance in the refund value account at the beginning of the quarter for which the report is prepared;

(2) All such deposits credited to the refund value account and all interest, dividends, or returns received on such account, during such quarter;

(3) All withdrawals from the refund value account during such quarter, including all reimbursements paid pursuant to subsection (b) of this Code section, all service charges on the account, and all payments made pursuant to subsection (d) of this Code section; and

(4) The balance in the refund value account at the close of such quarter.

(d)(1) Quarterly payments. An amount equal to 80 percent of the balance outstanding in the refund value account at the close of each quarter shall be paid to the commissioner at the time the report provided for in subsection (c) of this Code section is required to be filed. The commissioner may require that the payments be made electronically. The remaining 20 percent of the balance outstanding at the close of each quarter shall be the moneys of the deposit initiator and may be withdrawn from such account by the deposit initiator. If the provisions of this Code section with respect to such account have not been fully complied with, each deposit initiator shall pay to the commissioner at such time, in lieu of the amount described in the preceding sentence, an amount equal to the balance which would have been outstanding on such date had such provisions been fully complied with. The commissioner may require that the payments be made electronically.

(2) Refund value account shortfall. In the event a deposit initiator pays out more in refund values than it collects in deposits of refund values during the course of a quarterly period as described in subsection (c) of this Code section, the deposit initiator may apply to the commissioner for a refund of the amount of such excess payment of refund values from sources other than the refund value account, in the manner as provided by the commissioner. A deposit initiator shall apply for a refund no later than 12 months after the due date for filing the quarterly report for the quarterly period for which the refund claim is made. No interest shall be payable for any refund paid pursuant to this paragraph.

(3) Final report. A deposit initiator who ceases to do business in this state as a deposit initiator shall file a final report and remit payment of 80 percent of all amounts remaining in the refund value account as of the close of the deposit initiator's last day of business. The commissioner may require that the payments be made electronically. The deposit initiator shall indicate on the report that it is a 'final report.' The final report shall be due to be filed with payment 20 days after the close of the quarterly period in which the deposit initiator ceases to do business. In the event the deposit initiator pays out more in refund values than it collects in such final quarterly period, the deposit initiator may apply to the commissioner for a refund of the amount of such excess payment of refund values from sources other than the refund value account, in the manner as provided by the commissioner.

(e) All moneys collected or received by the department pursuant to this chapter shall be deposited with such responsible banks or trust companies as may be designated by the commissioner. Such deposits shall be kept separate and apart from all other moneys in the possession of the commissioner. The commissioner shall require adequate security from all such depositories. Of the total revenue collected, the commissioner shall retain the amount determined by the commissioner to be necessary for refunds out of which the commissioner shall pay any refunds to which a deposit initiator may be entitled. After reserving the amount to pay refunds, the commissioner shall, by the tenth day of each month, pay into the state treasury to the credit of the general fund the revenue deposited under this subsection during the preceding calendar month.

(f) The commissioner shall promulgate such rules and regulations as may be necessary to effectuate the purposes of this chapter.

(g)(1) Any person who is a deposit initiator under this chapter before January 1, 2012, shall apply by June 1, 2012, to the commissioner for registration as a deposit initiator. Any person who becomes a deposit initiator on or after January 1, 2012, shall apply for registration prior to collecting any deposits as such a deposit initiator. Such application shall be in a form prescribed by the commissioner and shall require such information deemed to be necessary for proper administration of this chapter. The commissioner may require that applications for registration shall be submitted electronically. The commissioner shall electronically issue a deposit initiator registration certificate in a form prescribed by the commissioner within 15 days of receipt of such application. A registration certificate issued pursuant to this subsection may be issued for a specified term of not less than three years and shall be subject to renewal in accordance with procedures specified by the commissioner. The commissioner shall maintain a complete list of registered deposit initiators and shall continually update such list as warranted.

(2) The commissioner shall have the authority to revoke or refuse to renew any registration issued pursuant to this subsection when he or she has determined that any of the provisions of this chapter or rules and regulations promulgated thereunder have been violated. Such violations shall include, but not be limited to, the failure to file quarterly reports, the failure to make payments pursuant to this chapter, the providing of false or fraudulent information to the department, or knowingly aiding or abetting another person in violating any of the provisions of this chapter. A deposit initiator whose registration has been revoked or not renewed shall cease to do business as a deposit initiator in this state until this chapter has been complied with and a new registration has been issued. Any deposit initiator whose registration has been revoked shall not apply for registration for two years from the date such revocation takes effect.

(h) The commissioner may require the maintenance of such accounts, records, or documents relating to the sale of beverage containers by any deposit initiator, bottler, distributor, dealer, or redemption center as the commissioner may deem appropriate for the administration of this chapter. The commissioner may make examinations, including the conduct of facility inspections during regular business hours, with respect to the accounts, records, or documents required to be maintained under this chapter. Such accounts, records, and documents shall be preserved for a period of three years, except that the commissioner may require that they be kept longer. Such accounts, records, and documents may be kept within the meaning of this subsection when reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which actually reproduces the original accounts, records, or documents.

(i)(1) Any person required to be registered under this chapter who, without being so registered, sells or offers for sale beverage containers in this state, in addition to any other penalty imposed by this chapter, shall be subject to a penalty to be assessed by the commissioner in an amount not to exceed $500.00 for the first day on which such sales or offers for sale are made, plus an amount not to exceed $500.00 for each subsequent day on which such sales or offers for sale are made, not to exceed $25,000.00 in the aggregate.

(2) Any deposit initiator who fails to maintain accounts or records pursuant to this chapter, unless it is shown that such failure was due to reasonable cause and not due to negligence or willful neglect, in addition to any other penalty imposed by this chapter, shall be subject to a penalty to be assessed by the commissioner of not more than $1,000.00 for each quarter during which such failure occurred and an additional penalty of not more than $1,000.00 for each quarter such failure continues.

(j) Beginning on January 1, 2012, each deposit initiator shall register the container label of any beverage offered for sale in this state on which it initiates a deposit. Any such registered container label shall bear a universal product code. Such universal product code shall be Georgia specific, in order to identify the beverage container as offered for sale exclusively in Georgia and as a means of preventing illegal redemption of beverage containers purchased out of state. Registration shall be on forms as prescribed by the department and shall include the universal product code for each combination of beverage and container manufactured. The commissioner may require that such forms be filed electronically. The deposit initiator shall renew a label registration whenever that label is revised by altering the universal product code or whenever the container on which it appears is changed in size, composition, or glass color.

10-16-8.

The commissioner shall be empowered to promulgate rules and regulations governing:

(1) The circumstances in which dealers and distributors, individually or collectively, are required to accept the return of empty beverage containers and make payment therefor;

(2) The sorting of the containers which a deposit initiator or distributor may require of dealers and redemption centers;

(3) The collection of returned beverage containers by deposit initiators or distributors, including the party to whom such expense is to be charged, the frequency of such pickups, and the payment for refunds and handling fees thereon;

(4) The right of dealers to restrict or limit the number of containers redeemed, the rules for redemption at the dealers' place of business, and the redemption of containers from a beverage for which sales have been discontinued and to issue permits to persons, firms, or corporations which establish redemption centers, subject to applicable provisions of local and state laws, at which redeemers and dealers may return empty beverage containers and receive payment of the refund value of such beverage containers. No dealer or distributor shall be required to obtain a permit to operate a redemption center at the same location as the dealer's or distributor's place of business. Operators of such redemption centers shall receive payment of the refund value of each beverage container from the appropriate deposit initiator or distributor as provided under Code Section 10-16-4.

10-16-9.

The commissioner shall establish a public education program to disseminate information regarding implementation of this chapter. Such information shall include, but not be limited to, publication of information specifying the procedures necessary to establish a redemption center; publication of information delineating the relevant rights and responsibilities of deposit initiators, distributors, dealers, redemption centers, and redeemers under the provisions of this chapter; publication of information regarding the requirement that deposit initiators register with the department; and publication of information on the general benefits of recycling."

SECTION 2.

This Act shall become effective on January 1, 2012.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.