STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 140	By:	Wilson

AS INTRODUCED

An Act relating to recycling; creating the Oklahoma Bottle Recycling Act; providing short title; stating legislative findings; stating intent; defining terms; requiring certain beverages be contained in returnable beverage containers; stating requirements for containers and dealers; authorizing manufacturers and dealers to set amount of certain deposits; stating requirements for marking containers; stating exceptions; providing for redemption centers; requiring dealers to accept containers; providing for refunds and refusals; requiring certain educational materials; prohibiting use of certain materials; stating penalties; creating the Oklahoma Bottle Recycling Deposit Fund; stating purpose; providing for certain collection, distribution and accounting of funds; authorizing Tax Commission and Board of Environmental Quality to promulgate rules; providing for codification; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-701 of Title 27A, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma Bottle Recycling Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-702 of Title 27A, unless there is created a duplication in numbering, reads as follows:
The Legislature hereby finds that beverage containers are a major source of nondegradable litter in this state and that the collection and disposal of this litter and solid waste constitutes a great financial burden for the citizens of this state; that, in addition to this unnecessary expenditure of tax dollars, such litter unreasonably interferes with the enjoyment of life and property by our citizens; and that the practice of littering is not compatible with previously adopted policies of the state in regard to proper use and protection of our natural resources.
It is the intent of the Legislature to create incentives for the manufacturers, distributors, dealers and consumers of beverage containers to reuse or recycle beverage containers, thereby removing the blight on the landscape caused by the illegal disposal of these containers and reducing the costs of litter collection and disposal.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-703 of Title 27A, unless there is created a duplication in numbering, reads as follows:
As used in the Oklahoma Bottle Recycling Act:
1.  "Beverage" means any carbonated or noncarbonated bottled or canned liquid intended for human consumption, including flavored or unflavored water, soda water, soft drinks, juices, or milk, and shall also include any beer, ale or other malt beverage containing alcohol;
2.  "Beverage container" means any airtight, aluminum, nonaluminous or plastic single-serving size container of a beverage;
3.  "Biodegradable or photodegradable material" means material which is capable of being broken down by bacteria or light;
4.  "Consumer" means any person who purchases a beverage in a beverage container for final use or consumption;
5.  "Dealer" means any person who engages in the sale of beverages in beverage containers to a consumer and shall include groups of retailers or retail chains;
6.  "Department" shall mean the Department of Environmental Quality;
7.  "Deposit" means the sum paid to the distributor by the dealer or to the dealer by the consumer when beverages are purchased in returnable beverage containers, and which is refunded when the beverage container is returned;
8.  "Distributor" means any person who engages in the sale of beverages in beverage containers to a dealer including any manufacturer who engages in such sale;
9.  "Manufacturer" means any person who bottles, cans, packs or otherwise fills beverage containers for sale to distributors or dealers;
10.  "On-premise sales" means sales transactions in which beverages are purchased by a consumer for immediate consumption within the area under control of the dealer;
11.  "Recyclable" means substances or products that can be recovered from the waste stream and reused in total or in part for the same or other uses;
12.  "Recycling" means the process of sorting, cleansing, treating and reconstituting discarded materials for the purpose of reusing the materials in the same or altered form;
13.  "Redemption center" means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container for which a deposit was required pursuant to this act;
14.  "Refund" means the sum, equal to the deposit, that is given to the consumer or the dealer or both in exchange for empty returnable beverage containers; and
15.  "Returnable beverage container" means a beverage container for which a refund or equal value is payable upon return, whether such container is refillable or not.  This definition and the provisions of this act shall not apply to any beverage container which is capable of containing 64 or more ounces of beverage.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-704 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  Any beverage in a beverage container sold or offered for sale in this state shall be in a returnable beverage container.
B.  A dealer shall not procure beverages in beverage containers from distributors who refuse to accept from the dealer any returnable beverage containers of the kind, size and brand sold by the distributor and pay to the dealer the refund value of the beverage container.
C.  Dealers shall inform consumers that beverages are sold in returnable beverage containers by placing a sign, or a shelf label, or both, in close proximity to any sales display of beverages in returnable containers.  Such a sign or label shall indicate the amount of deposit required for each container and that all containers are returnable.  If the dealer participates in a redemption center, the location of that center shall be posted.
D.  No person under twenty-one (21) years of age shall return any beverage container, which has been used to contain beer, ale or other malt beverage containing alcohol, to any redemption center, which also, as part of its business, is engaged in the selling of alcoholic beverages.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-705 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  The manufacturer or the distributor shall set the amount of the deposit required and may develop a schedule of deposits varying according to the size of the container involved.  A deposit of not less than five cents ($0.05) shall be paid by the consumer on each beverage container sold at the retail level and that same amount shall be refunded to the consumer upon return of the empty beverage container to a dealer or a redemption center.
B.  A deposit shall not be required for on-premise sales if the empty beverage containers are returned to the distributor.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-706 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  Every beverage container sold or offered for sale in this state shall clearly indicate by embossing or imprinting on the normal product label, or in the case of a metal beverage container, on the top of the container, the word "Oklahoma" and the refund value of the container in not less than one-quarter inch type size.
B.  This section shall not apply to beverage containers which are certified as refillable by the distributor and which have such a notation permanently printed or embossed on the container.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-707 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  Any person may establish a redemption center subject to approval of the Department of Environmental Quality.
B.  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 center, the kinds, sizes and brand names of beverage containers which will be accepted and the addresses of dealers to be served.
C.  The Department shall approve a redemption center if it finds that the center will provide a convenient service to persons for the return of empty beverage containers.  The order approving a redemption center shall state the dealers to be served and the kinds, sizes and brand names of empty beverage containers which the center shall accept.  The order may contain such other provisions as the Department may determine to insure the redemption center will provide convenient service to the public.
D.  The Department may review at any time approval 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 center, the Department may, after hearing, withdraw approval of the center if it finds there has not been compliance with the approval order or if the redemption center no longer provides a convenient service to the public.
E.  A redemption center may at its discretion also accept for reuse or recycling materials other than beverage containers.
F.  The Board of Environmental Quality is authorized to promulgate rules for designating recycling centers as authorized by this section.
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-708 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  A dealer shall accept from a consumer any empty beverage container of the kind, size and brand sold by the dealer, and pay the consumer the refund on the appropriately labeled returnable beverage container.
B.  A dealer may refuse to refund deposits on beverage containers if a redemption center or centers are established in the vicinity which serve the public need.
C.  A dealer or redemption center may refuse to refund deposits on beverage containers which are broken, or unclean, or not empty.  Such dealer or center may refuse to accept beverage containers from any person who attempts to return one hundred twenty (120) or more containers at the same time, or within a one week period.
D.  A dealer or a redemption center, upon redeeming beverage containers, shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount which is at least twenty percent (20%) of the deposit returned to the consumer in addition to the refund.
SECTION 9.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-709 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  State informational material such as travel pamphlets, road maps and similar publications submitted for printing on or after January 1, 2010, shall bear information relating to this subchapter.  This information shall take the form of a standard public statement relating to the deposit law, urging travelers to avoid littering.
B.  The Department of Education and any other state agency distributing public education materials shall incorporate information on this act in educational material which it normally distributes to primary and secondary educational institutions within the state, urging an end to littering.
SECTION 10.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-710 of Title 27A, unless there is created a duplication in numbering, reads as follows:
No beverage shall be sold or offered for sale at retail in this state:
1.  In a metal container designed and constructed so that part of the container is detachable in opening the container;
2.  In containers connected to each other with plastic rings or similar devices which are not classified by the Department of Environmental Quality as biodegradable, photodegradable or recyclable; or
3.  In a glass beverage container which is not recyclable or refillable.
SECTION 11.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-711 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created within the Oklahoma Tax Commission the “Oklahoma Bottle Recycling Deposit Fund”.  The Fund shall be administered by the Tax Commission pursuant to the provisions of this act.
B.  The Oklahoma Bottle Recycling Deposit Fund shall consist of:
1.  All monies received by the Commission as proceeds from the assessment of any deposits required by this act; and
2.  Money received by the Commission in the form of gifts, grants, reimbursements, or from any other source intended to be used for the purposes specified by or collected pursuant to the provisions of this act.
C.  Monies collected pursuant to the requirements of this act and deposited in the Fund shall be available for:
1.  Reimbursing manufacturers, dealers, distributors, recycling centers or any other person or entity entitled to receive reimbursement for payment for returned beverage containers in accordance with the provisions of this act; and
2.  Monies deposited in the Fund not used for reimbursements or subject to being held in reserve for such reimbursements shall be eligible for specific legislative appropriation.  Monies collected and remaining unredeemed shall be accounted for on an annual basis and the amount available for legislative appropriation shall be reported by the Tax Commission to the Governor and the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
D.  Monies collected pursuant to this act shall be remitted monthly to the Tax Commission in the same manner and at the same time as sales taxes are remitted, or as otherwise determined appropriate by the Tax Commission.  Any person or entity subject to remitting deposits who is not otherwise subject to remitting sales taxes shall be required to establish a monthly remitting system with the Tax Commission as the Commission determines appropriate.
E.  The Tax Commission and the Board of Environmental Quality are authorized to promulgate rules and develop policies as necessary to coordinate the collection and distribution of monies into and out of this Fund pursuant to the provisions of this act.
SECTION 12.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-11-712 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  Any person violating the Oklahoma Bottle Recycling Act or any rule duly promulgated thereunder, shall be punishable as follows:
1.  If the violation has been completed, by a civil penalty imposed by the district court of the county where the violation occured of not less than Two Hundred Fifty Dollars ($250) nor more than One Thousand Dollars ($1,000.00) for each completed violation; if the violation has been completed and there is a substantial likelihood that it will reoccur, the Executive Director of the Department of Environmental Quality may also seek a permanent or preliminary injunction or temporary restraining order in the district court; or
2.  If the violation is continuing, the Executive Director may seek a monetary penalty as provided in paragraph 1 of this subsection.  If the violation is continuing or is threatening to begin, the Executive Director may also seek a temporary restraining order or permanent injunction in the district court.  In his or her discretion, the Executive Director may endeavor by conciliation to obtain compliance with all requirements of this act.  Conciliation shall be giving written notice to the responsible party:
a.	specifying the complaint,
b.	proposing a reasonable time for its correction,
c.	advising that a hearing on the complaint may be had if requested by a date stated in the notice, and
d.	notifying that a proposed correction date will be ordered unless a hearing is requested.  If no hearing is requested on or before the date stated in the notice, the Executive Director may order that the correction be fully implemented by the proposed date or may, on his or her own initiative, convene a hearing, in which the Executive Director shall publicly hear and consider any relevant submission from the responsible party as otherwise provided by law.
B.  The Executive Director of the Department shall have the authority to enforce this subchapter.
SECTION 13.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The Board of Environmental Quality and the Oklahoma Tax Commission are authorized to promulgate any rules necessary to implement the provisions of this act.
SECTION 14.  This act shall become effective November 1, 2011.

53-1-93	MJM	1/5/2011 1:47:11 PM