HOUSE BILL 238
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Thomas A. Garcia
AN ACT
RELATING TO THE ENVIRONMENT; AMENDING AND ENACTING SECTIONS OF THE BEVERAGE CONTAINER ACT; REQUIRING DEPOSITS ON BEVERAGE CONTAINERS; CREATING A FUND; PROVIDING PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 57-20-1 NMSA 1978 (being Laws 1981, Chapter 289, Section 1) is amended to read:
"57-20-1. SHORT TITLE.--[This act] Chapter 57, Article 20 NMSA 1978 may be cited as the "Beverage Container Act"."
SECTION 2. Section 57-20-2 NMSA 1978 (being Laws 1981, Chapter 289, Section 2, as amended) is amended to read:
"57-20-2. DEFINITIONS.--As used in the Beverage Container Act:
A. "beverage" means [beer or other malt beverages, fruit juice, vegetable juice and mineral waters, soda water and similar carbonated soft drinks in liquid form and intended for human consumption; and
B. "beverage container" means the individual, separate, metal can containing a beverage] wine, alcoholic liquor, beer, mineral water, soda water and similar carbonated soft drinks that are in liquid form and intended for human consumption;
B. "beverage container" means any sealed glass, plastic or metal bottle, can, jar or carton that contains a beverage;
C. "consumer" means any person who purchases a beverage in a beverage container for use or consumption;
D. "dealer" means any person who engages in the sale of beverages in beverage containers to a consumer;
E. "dealer agent" means a person who solicits or picks up empty beverage containers from a dealer for the purpose of returning the empty beverage containers to a distributor or manufacturer;
F. "department" means the department of environment;
G. "distributor" means any person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in such sales;
H. "false or counterfeit label or indication" means a label or indication purporting to show a valid refund value that has not been initially applied as authorized by a distributor;
I. "geographic territory" means the geographical area within a perimeter formed by the outermost boundaries served by a distributor;
J. "independent redemption center" means a redemption center that is also a nonprofit or a for-profit facility that is not affiliated with or in any way a subsidiary of a dealer, a distributor or a manufacturer;
K. "manufacturer" means any person who bottles, cans or otherwise fills beverage containers for sale to distributors or dealers;
L. "nonrefillable beverage container" means a beverage container not intended to be refilled for sale by a manufacturer;
M. "plastic can" means a beverage container that, in addition to the closure mechanism, is composed of plastic and metal;
N. "redemption center" means a facility at which consumers may return empty beverage containers and receive payment for the refund value of the empty beverage containers; and
O. "secretary" means the secretary of environment."
SECTION 3. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] REFUND VALUES.--
A. A refund value of not less than five cents ($.05) shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to the dealer or person operating a redemption center and acceptance of the empty beverage container by the dealer or person operating a redemption center, the dealer or person operating a redemption center shall return the amount of the refund value to the consumer.
B. In addition to the refund value provided in this section, a dealer, a dealer agent or a person operating a redemption center who redeems empty beverage containers shall be reimbursed one cent ($.01) per container by the distributor. A dealer, dealer agent or person operating a redemption center may compact empty metal beverage containers with the approval of the distributor required to accept the containers."
SECTION 4. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] PAYMENT OF REFUND VALUE.--Except as otherwise provided in the Beverage Container Act:
A. a dealer shall not refuse to accept from or refuse to pay to the consumer the refund value of any empty beverage container of the kind, size and brand sold by the dealer;
B. a distributor shall accept and pick up from a dealer or a redemption center for a dealer served by the distributor at least weekly or when the distributor delivers the beverage product, if deliveries are less frequent than weekly, any empty beverage container of the kind, size and brand sold by the distributor and shall pay to the dealer or person operating a redemption center the refund value of a beverage container and the reimbursement within one week following pickup of the containers, or when the dealer or redemption center normally pays the distributor for the deposit on beverage products purchased from the distributor, if less frequent than weekly. A distributor or employee or agent of a distributor is not in violation of the Beverage Container Act if a redemption center is closed when the distributor attempts to make a regular delivery or a regular pickup of empty beverage containers;
C. a distributor shall not be required to pay to a manufacturer a deposit or refund value on a nonrefillable beverage container;
D. a distributor shall accept from a dealer agent any empty beverage container of the kind, size and brand sold by the distributor that was picked up by the dealer agent from a dealer within the geographic territory served by the distributor, and the distributor shall pay the dealer agent the refund value of the empty beverage container and the reimbursement; and
E. the department shall provide for the recycling or disposal of empty beverage containers. The department shall give priority consideration to the recycling of the empty beverage containers, to the extent possible, before any other appropriate disposal method is considered or implemented."
SECTION 5. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] REFUSAL TO ACCEPT CONTAINERS.--
A. Except as otherwise provided in the Beverage Container Act, a dealer, a person operating a redemption center, a distributor or a manufacturer may refuse to accept any empty beverage container that does not have stated on it a refund value.
B. A dealer may refuse to accept and to pay the refund value of any empty beverage container if the place of business of the dealer and the kind and brand of empty beverage containers are included in an order of the department approving a redemption center.
C. A manufacturer or distributor may refuse to accept and to pay the refund value and reimbursement on any empty beverage container that was picked up by a dealer agent from a dealer outside the geographic territory served by the manufacturer or distributor."
SECTION 6. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] REFUND VALUE STATED ON CONTAINER--EXCEPTIONS.--
A. Each beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, label or other method securely affixed to the beverage container the refund value of the beverage container. The department shall specify, by rule, the minimum size of the refund value indication on the beverage containers.
B. A person, except a distributor, shall not import into this state after July 1, 2011 a beverage container that does not have securely affixed to the beverage container the refund value indication. The provisions of this subsection do not apply to:
(1) beverage containers containing alcoholic liquor for which the total capacity of the beverage containers is not more than one quart or, in the case of alcoholic liquor personally obtained outside the United States, one gallon;
(2) beverage containers containing beer for which the total capacity of the beverage containers is not more than two hundred eighty-eight fluid ounces; or
(3) all other beverage containers for which the total capacity is not more than five hundred seventy-six fluid ounces.
C. The provisions of Subsections A and B of this section do not apply to a refillable glass beverage container that has a brand name permanently marked on it and that has a refund value of not less than five cents ($.05), to any other refillable beverage container that has a refund value of not less than five cents ($.05) and that is exempted by the secretary under rules adopted by the secretary or to a beverage container sold aboard a commercial airliner or passenger train for consumption on the premises."
SECTION 7. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] REDEMPTION CENTERS.--
A. Any person may establish a redemption center, subject to the approval of the department, at which consumers may return empty beverage containers and receive payment of the refund value of such 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 and brand names of the beverage containers that will be accepted at the redemption center and the names and addresses of the dealers to be served by the redemption center. The application shall contain other information that the secretary 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 dealers to be served by the redemption center and the kind and brand names of empty beverage containers that the redemption center shall accept. The order may contain any other provisions that the secretary requires to ensure that the redemption center will provide a convenient service to the public.
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 and to the dealers served by the redemption center, the secretary may, after hearing, withdraw approval of a redemption center if the secretary finds that 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."
SECTION 8. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] SECRETARY RULES.--The secretary shall adopt the rules necessary to carry out the provisions of the Beverage Container Act."
SECTION 9. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] APPEAL.--Any person aggrieved by an order of the department relating to the approval or withdrawal of approval for a redemption center may seek judicial review of the order in the district where the redemption center would be located."
SECTION 10. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] PROHIBITED ACTS--PENALTIES.--
A. A person who violates a provision of the Beverage Container Act or a rule adopted pursuant to that act is guilty of a petty misdemeanor and shall be punished pursuant to Section 31-19-1 NMSA 1978.
B. A distributor shall not collect or attempt to collect a refund value on an empty beverage container if the distributor has paid the refund value on the beverage container to a dealer, redemption center or consumer.
C. A person shall not:
(1) collect or attempt to collect the refund value on the beverage container a second time with the knowledge that the refund value has once been paid by the distributor to a dealer, redemption center or consumer;
(2) manufacture, sell, possess or apply a false or counterfeit label or indication that shows or purports to show a refund value for a beverage container with intent to use the false or counterfeit label or indication; or
(3) collect or attempt to collect a refund value on a container with the use of a false or counterfeit label or indication showing a refund value, with the knowledge that the label or indication is false or counterfeit.
D. Exempt from the provisions of this section are empty beverage containers that are intended to be refillable and are in a standard of condition except for sanitization to be refillable by the manufacturer."
SECTION 11. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] DISTRIBUTORS' AGREEMENTS AUTHORIZED.--A distributor may enter into a contract or agreement with any other distributor, manufacturer or person for the purpose of collecting or paying the refund value on, or disposing of, beverage containers."
SECTION 12. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] REDEMPTION OF REFUSED NONREFILLABLE METAL BEVERAGE CONTAINERS.--If the refund value indication on an empty nonrefillable metal beverage container is readable but the redemption of the beverage container is lawfully refused by a dealer or person operating a redemption center, the beverage container shall be accepted and the refund value paid to a consumer as provided in this section. Each beer distributor selling nonrefillable metal beverage containers in this state shall provide individually or collectively by contract or agreement with a dealer, person operating a redemption center or another person at least one facility in the county seat of each county where refused empty nonrefillable metal beverage containers having a readable refund value indication are accepted and redeemed. In cities having a population of twenty-five thousand or greater, the number of the facilities provided shall be one for each twenty-five thousand population or a fractional part of that population."
SECTION 13. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] PLASTIC CANS PROHIBITED--PENALTY.--A person shall not manufacture, offer for sale or sell any single-serving beverage container that is a plastic can nor offer for sale or sell any beverage packaged in a single-serving plastic can. A person violating this section is guilty of a misdemeanor and shall be punished pursuant to Section 31-19-1 NMSA 1978."
SECTION 14. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] BEVERAGE CONTAINERS--DISPOSAL AT SANITARY LANDFILL PROHIBITED.--After July 1, 2011, the final disposal of beverage containers by a dealer, distributor, manufacturer or person operating a redemption center in a sanitary landfill is prohibited. After September 1, 2013, the final disposal of beverage containers used to contain alcoholic liquor by a dealer, distributor, manufacturer or person operating a redemption center in a sanitary landfill is prohibited."
SECTION 15. A new section of the Beverage Container Act is enacted to read:
"[NEW MATERIAL] GRANTS FOR INDEPENDENT REDEMPTION CENTERS--FUND CREATED.--
A. The department shall establish an independent redemption center grant program to award grants for improvements to independent redemption centers.
B. The "independent redemption center grant fund" is created in the state treasury. The fund shall consist of money appropriated to the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The department shall administer the fund, and money in the fund is appropriated to the department to provide for the independent redemption center grant program. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's authorized representative.
C. Money in the independent redemption center grant fund shall be used by the department to provide grants to independent redemption centers. The department shall not award grants in a fiscal year in an aggregate of more than one million dollars ($1,000,000). A grant shall not exceed fifteen thousand dollars ($15,000) for any independent redemption center.
D. The department shall not pay administrative costs relating to the management of the independent redemption center grant program in excess of three and one-half percent of the money in the fund in a fiscal year."
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