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An Act Concerning ENVIRONMENT-RECYCLING-BOTTLE DEPOSITS, RETURNS, AND REFUNDS FOR the purpose requiring bottle deposits, returns, and refunds on certain beverage containers. BY adding to Article Environment Section 91711 through 91720 to be under the new part Part III. Bottle Deposit, Return, and Refund Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the laws of Maryland read as follows: 9-1711 (A) THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED: (B) (1) BEVERAGE MEANS ALL CARBONATED AND NONCARBONATED DRINKS IN LIQUID FORM AND INTENDED FOR HUMAN CONSUMPTION (2) BEVERAGE INCLUDES BEER, WINE, AND SPIRIT DRINKS (3) BEVERAGE DOES NOT INCLUDE: (I) MILK AND DAIRY DERIVED PRODUCTS, EXCEPT TEA AND COFFEE DRINKS CONTAINING THESE PRODUCTS (II) A LIQUID THAT IS: 1. A SYRUP IN A CONCENTRATED FORM, SUCH AS EXTRACTS, COOKING ADDITIVES, SAUCES, OR CONDIMENTSTHAT ARE USED FOR FLAVORING FOOD OR DRINK; 2. A PRODUCT THAT IS FROZEN AT THE TIME OF SALE TO A CONSUMER OR INSTITUTION, SUCH AS A HOSPITAL OR NURSING HOME; 3. A PRODUCT THAT IS DESIGNED TO BE CONSUMED IN A FROZEN STATE; 4. MADE FROM AN INSTANT DRINK POWDER; OR 5. A BROTH OR SOUP (C) BEVERAGE CONTAINER MEANS AN INDIVIDUAL AIRTIGHT CONTAINER THAT IS CONSTRUCTED OF METAL, GLASS, ALUMINUM, STEEL, PLASTIC, OR OTHER NONBIODEGRADABLE MATERIAL, OR ANY COMBINATION OF THESE MATERIALS, THAT CONTAINS LESS THAN 1 GALLON AT THE TIME OF SALE OF A BEVERAGE IN THE STATE. (D) (1) DEALER MEANS A PERSON THAT ENGAGES IN THE SALE OF BEVERAGE IN BEVERAGE CONTAINERS TO CONSUMERS IN THE STATE.

(2) DEALER DOES NOT INCLUDE A LODGING, EATING, OR DRINKING ESTABLISHMENT. (E) DISTRIBUTOR MEANS A PERSON THAT ENGAGES IN THE SALE OF BEVERAGES IN BEVERAGE CONTAINERS TO DEALERS IN THE STATE

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(F) EMPTY RETURNABLE CONTAINER MEANS A BEVERAGE CONTAINER THAT CONTAINS NOTHING EXCEPT THE RESIDUE OF ITS ORIGINAL CONTENTS. (G) MANUFACTURER MEANS A PERSON THAT BOTTLES, CANS, OR OTHERWISE PACKAGES BEVERAGES IN BEVERAGE CONTAINERS FOR SALE TO A DISTRIBUTOR, DEALER, OR CONSUMER. (H) NONREFILLABLE CONTAINER MEANS A BEVERAGE CONTAINER THAT IS NOT INTENDED TO BE REFILLED FOR SALE BY A MANUFACTURER. 9-1712. (A) (1) A DEALER IN THE STATE THAT SELLS BEVERAGES IN BEVERAGE CONTAINERS TO A CONSUMER SHALL COLLECT FROM THE CONSUMER A DEPOSIT ON THE CONTAINER OF NO LESS THAN 5 CENTS. (2) THE REFUND VALUE FOR A RETURNABLE CONTAINER SHALL BE EQUAL TO THE DEPOSIT MADE BY THE CONSUMER IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION. (B) A BEVERAGE CONTAINER SOLD IN THE STATE SHALL HAVE A LABEL AFFIXED TO IT THAT CLEARLY INDICATES THE REFUND VALUE OF THE CONTAINER AND THAT IT IS A PRODUCT SOLD IN THE STATE (C) A REDEMPTION CENTER MAY REFUSE TO ACCEPT AN EMPTY RETURNABLE CONTAINER THAT DOES NOT HAVE THE LABEL AS REQUIRED UNDER SUBSECTION (B) OF THIS SECTION (D) A REDEMPTION CENTER SHALL: (1) ACCEPT FROM A PERSON AN EMPTY RETURNABLE CONTAINER FOR REFUND DURING REGULAR BUSINESS HOURS; AND (2) PAY THE REFUND VALUE OF EACH BEVERAGE CONTAINER AS PROVIDED UNDER SUBSECTION (A) OF THIS SECTION (E) (1) THE STATE SHALL PAY TO A REDEMPTION CENTER THE REFUND VALUE PLUS A HANDLING FEE OF 2 CENTS FOR EACH EMPTY BEVERAGE CONTAINER ACCEPTED. (2) THE STATE SHALL APPROPRIATE MONEYS FROM THE GENERAL FUND OF THE STATE FOR THE PAYMENT TO THE REDEMPTION CENTERS. (3) ONCE THE UNCLAIMED DEPOSITS UNDER 9-1715 OF THIS PART ARE COLLECTED AND DEPOSITED INTO THE STATE RECYCLING TRUST FUND, THE STATE SHALL MAY REDUCE THE GENERAL FUND MONEYS APPROPRIATED FOR THE PAYMENTS AND SHALL USE THE STATE RECYCLING TRUST FUND UNDER 9-1707 TO MAKE THE PAYMENTS TO A REDEMPTION CENTER 9-1713. (A) A REDEMPTION CENTER SHALL BE CERTIFIED BY THE DEPARTMENT (B) EACH COUNTY IN THE STATE SHALL SET UP AND RUN AT LEAST ONE REDEMPTION CENTER.

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(C) A PRIVATE RETAIL STORE OR DEALER MAY APPLY TO BE A REDEMPTION CENTER (D) A REDEMPTION CENTER CERTIFIED UNDER THIS SECTION SHALL: (1) ACCEPT AN EMPTY BEVERAE CONTAINER ON WHICH A DEPOSIT HAS BEEN MADE; (2) VERIFY THAT ALL CONTAINERS TO BE REDEEMED HAVE THE LABEL REQUIRED UNDER 9-1712 OF THIS PART; (3) PAY TO THE REDEEMER A MINIMUM OF THE FULL REFUND VALUE FOR ALL BEVERAGE CONTAINERS, EXCEPT AS PROVIDED UNDER 9-1714 OF THIS PART (4) ENSURE THAT EACH CONTAINER IS RECYCLED THROUGH A RECYCLING FACILITY IN THE STATE 9-1714 (A) A REDEMPTION CENTER MAY REFUSE TO ACCEPT A BEVERAGE CONTAINER OR PAY THE REFUND VALUE FOR A BEVERAGE CONTAINER IF THE CONTAINER IS BROKEN, CORRODED, DISMEMBERED, CONTAINS A FREE-FLOWING LIQUID, DOES NOT HAVE THE REFUND VALUE CLEARLY INDICATED ON THE CONTAINER, OR CONTAINS A MATERIAL FOREIGN TO THE NORMAL CONTENTS OF THE CONTAINER. 9-1715 (A) A REDEMPTION CENTER SHALL COMPLETE AND FILE WITH THE COMPTROLLER AND THE DEPARTMENT A QUARTERLY REPORT, ON OR BEFORE 1000 THE LAST DAY OF THE MONTH THAT FOLLOWS EACH CALENDAR QUARTER SECTION 2. BE IT FURTHER ENACTED, that this act shall take effect on January 1, 2013 MANDATES: Martin OMalley, Governor of Maryland Thomas V. Miller, President of the Maryland Senate Michael E. Busch, Speaker of the Maryland House of Delegates

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SPONSOR: Emma McIntosh, Vice-Delegation Chairperson, University of Maryland, College Park CO-SPONSOR: J. Winston Maddrey, Frm. Tory Caucus Leader, McDaniel