I 

111TH CONGRESS 

1ST SESSION H. R. 2046 

To amend the Solid Waste Disposal Act to require a refund value for certain 

beverage containers, and to provide resources for State pollution prevention and recycling programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2009 

Mr. MARKEY of Massachusetts (for himself and Mr. MORAN of Virginia) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To amend the Solid Waste Disposal Act to require a refund 

value for certain beverage containers, and to provide 

resources for State pollution prevention and recycling 

programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bottle Recycling Cli5 mate Protection Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) The energy required to manufacture bev2 erage containers from recycled containers is often 

3 less than the energy required to create new beverage 

4 container materials from raw materials. 

5 (2) Recycling beverage containers would reduce 

6 municipal solid waste and reduce the energy and 

7 heat-trapping emissions generated in the manufac8 ture of new aluminum, plastics, and other beverage 

9 container materials. 

10 (3) An average of 350,000,000 beverage bottles 

11 and cans are sent to landfills, incinerated, or littered 

12 every day. 

13 (4) In 2006, less than half of the 

14 100,000,000,000 aluminum beverage cans purchased 

15 were recycled, resulting in the waste of 800,000 tons 

16 of aluminum. Nine of ten plastic water bottles, at 

17 least 27,000,000,000 bottles a year, end up as gar18 bage or litter, where they take up to 1,000 years to 

19 biodegrade. 

20 (5) A national system for requiring a refund 

21 value on the sale of all beverage containers would 

22 provide a positive incentive to individuals to clean up 

23 the environment, and would result in a high level of 

24 reuse and recycling of such containers and help re25 duce the costs and environmental dangers associated 


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1 with solid waste management and container manu2 facturing. 

3 (6) Many Americans do not have access to recy4 cling programs. States that combine container de5 posit incentives with convenient redemption locations 

6 have beverage container recycling rates ranging from 

7 65 percent to over 90 percent. This is significantly 

8 higher than the average recycling rates of 35 percent 

9 for aluminum cans, 14 percent for plastic bottles, 

10 and 12 percent for glass bottles in States without 

11 container deposit systems. 

12 (7) Many domestic industries are dependent on 

13 recycled steel, aluminum, glass and paper. A con14 tainer deposit system would yield greater access for 

15 recyclers to high grade recycling products, pre16 venting these industries from competitive disadvan17 tages in international recycling. 

18 (8) States with bottle bills have container recy19 cling rates ranging from 60 percent to over 90 per20 cent, compared to the national average recycling rate 

21 of 34 percent. 

22 (9) A national system of beverage container re23 cycling is consistent with the intent of the Solid 

24 Waste Disposal Act (42 U.S.C. 6901 et seq.). 


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1 SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT. 

2 (a) AMENDMENT.—The Solid Waste Disposal Act 

3 (42 U.S.C. 6901 et seq.) is amended by adding the fol4 lowing new subtitle at the end thereof: 

5 ‘‘Subtitle K—Beverage Container 

6 Recycling 

7 ‘‘SEC. 12001. DEFINITIONS. 

8 ‘‘For purposes of this subtitle— 

9 ‘‘(1) The term ‘beverage’ means an alcoholic or 

10 non-alcoholic, carbonated or uncarbonated liquid 

11 that is intended for human consumption. 

12 ‘‘(2) The term ‘beverage container’ means a 

13 container constructed of metal, glass, plastic, or 

14 some combination of these materials and having a 

15 capacity of up to one gallon of liquid and which is 

16 or has been sealed and used to contain a beverage 

17 for sale in interstate commerce. 

18 ‘‘(3) The term ‘beverage distributor’ means a 

19 person who sells or offers for sale in interstate com20 merce to beverage retailers beverages in beverage 

21 containers for resale. 

22 ‘‘(4) The term ‘beverage manufacturer’ means a 

23 person who manufactures and sells or offers for sale 

24 in interstate commerce to beverage distributors or 

25 beverage retailers beverages in beverage containers 

26 for resale. 


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1 ‘‘(5) The term ‘beverage retailer’ means a per2 son who purchases from a beverage distributor bev3 erages in beverage containers for sale to a consumer 

4 or who sells or offers to sell in commerce beverages 

5 in beverage containers to a consumer, but does not 

6 include a person who sells or offers to sell the bev7 erages for consumption on the premises. 

8 ‘‘(6) The term ‘deposit initiator’ means a per9 son who is a beverage manufacturer, beverage im10 porter or beverage distributor, the domestic beverage 

11 manufacturer or the first domestic entity selling the 

12 beverage to the retailer. 

13 ‘‘(7) The term ‘consumer’ means a person who 

14 purchases a beverage container for any use other 

15 than resale. 

16 ‘‘(8) The term ‘refund value’ means the amount 

17 specified as the refund value of a beverage container 

18 under section 12002. 

19 ‘‘(9) The term ‘recovery for beverage con20 tainers’ includes both beverage containers and other 

21 containers that are made of beverage container ma22 terials. 

23 ‘‘SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING. 

24 ‘‘Except as otherwise provided in section 12007, no 

25 beverage distributor or beverage retailer may sell or offer 


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1 for sale in interstate commerce a beverage in a beverage 

2 container unless there is clearly, prominently, and securely 

3 affixed to, or printed on, the container a statement of the 

4 refund value of the container in the amount of 5 cents. 

5 The Administrator shall promulgate rules establishing 

6 uniform standards for the size and location of the refund 

7 value statement on beverage containers. The 5 cent 

8 amount specified in this section shall be subject to adjust9 ment by the Administrator as provided in section 12008. 

10 ‘‘SEC. 12003. ORIGINATION OF REFUND VALUE. 

11 ‘‘For each beverage in a beverage container sold in 

12 interstate commerce to a beverage retailer by a deposit 

13 initiator, the distributor shall collect from the retailer the 

14 amount of the refund value shown on the container. With 

15 respect to each beverage in a beverage container sold in 

16 interstate commerce to a consumer by a beverage retailer, 

17 the retailer shall collect from the consumer the amount 

18 of the refund value shown on the container. No person 

19 other than the persons described in this section may col20 lect a deposit on a beverage container. 

21 ‘‘SEC. 12004. RETURN OF REFUND VALUE. 

22 ‘‘(a) PAYMENT BY RETAILER.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), if any person tenders for refund an empty 

25 and unbroken beverage container to a beverage reVerDate Nov 24 2008 06:03 Apr 23, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2046.IH H2046

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1 tailer who sells (or has sold at any time during the 

2 period of 3 months ending on the date of such ten3 der) the same brand of beverage in the same kind 

4 and size of container, the retailer shall promptly pay 

5 such person the amount of the refund value stated 

6 on the container. 

7 ‘‘(2) EXCEPTIONS.—A retailer shall not be re8 quired to accept tender of a beverage container from 

9 any person under paragraph (1)— 

10 ‘‘(A) if the beverage container contains or 

11 is contaminated by a hazardous waste; 

12 ‘‘(B) in excess of 600 individual beverage 

13 containers per day if the retailer occupies a 

14 space less than 5,000 square feet; or 

15 ‘‘(C) in excess of 1,800 individual beverage 

16 containers per day if the retailer occupies a 

17 space greater than 5,000 square feet. 

18 ‘‘(b) PAYMENT BY DISTRIBUTOR.—If any person 

19 tenders for refund an empty and unbroken beverage con20 tainer to a beverage distributor who sells (or has sold at 

21 any time during the period of 3 months ending on the 

22 date of such tender) the same brand of beverage in the 

23 same kind and size of container, the distributor shall 

24 promptly pay such person (1) the amount of the refund 

25 value stated on the container, plus (2) an amount equal 


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1 to at least 3 cents per container to help defray the cost 

2 of handling. This subsection shall not preclude any person 

3 from tendering beverage containers to persons other than 

4 beverage distributors. 

5 ‘‘(c) AGREEMENTS.—(1) Nothing in this subtitle 

6 shall preclude agreements between distributors, retailers, 

7 or other persons to establish centralized or co-located bev8 erage collection centers, including centers which act as 

9 agents of such retailers. 

10 ‘‘(2) Nothing in this subtitle shall preclude agree11 ments between beverage retailers, beverage distributors, or 

12 other persons for the crushing or bundling (or both) of 

13 beverage containers. 

14 ‘‘(d) BROKEN CONTAINERS.—The opening of a bev15 erage container in a manner in which it was designed to 

16 be opened and the compression of a beverage container 

17 made of metal or plastic shall not, for purposes of this 

18 section, constitute the breaking of the container if the 

19 statement of the amount of the refund value of the con20 tainer is still readable. 

21 ‘‘(e) REPORTS.—Deposit initiators shall provide an22 nual reports to the Administrator or designated State 

23 agency documenting their rate of redemption. 


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1 ‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND 

2 PROVISIONS FOR STATE RECYCLING FUNDS. 

3 ‘‘(a) UNCLAIMED REFUNDS.—At the end of each fis4 cal quarter, each deposit initiator shall pay to each State 

5 an amount equal to the sum by which the total refund 

6 value of all containers sold by the deposit initiator for re7 sale in that State during that year exceeds the total sum 

8 paid during that period by the initiator under section 

9 12004(b) to persons in that State. The total of unclaimed 

10 refunds received by any State under this section shall be 

11 available to carry out programs designed to reduce green12 house gas emissions within the State, including but not 

13 limited to State and local recycling programs. 

14 ‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the 

15 total of payments made by a deposit initiator in any cal16 endar year under section 12004(b) for any State exceed 

17 the total refund value of all containers sold by the initiator 

18 for resale in that State, the excess shall be credited 

19 against the amount otherwise required to be paid by the 

20 initiator to that State under subsection (a) for a subse21 quent fiscal year quarter designated by the deposit 

22 initiator. 

23 ‘‘SEC. 12006. PROHIBITIONS ON DISPOSAL. 

24 ‘‘No retailer or distributor or agent of a retailer or 

25 distributer may intentionally dispose of any beverage con26 tainer labeled under section 12002 or any metal, glass, 


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1 or plastic from such a beverage container (other than the 

2 top or other seal thereof) in any landfill or other solid 

3 waste disposal facility. 

4 ‘‘SEC. 12007. EXEMPTED STATES. 

5 ‘‘(a) IN GENERAL.—The provisions of sections 12002 

6 through 12005 and sections 12008 and 12009 of this sub7 title shall not apply in any State which— 

8 ‘‘(1) has adopted and implemented, before the 

9 date of enactment of this subtitle, a law requiring 

10 beverage container deposits; 

11 ‘‘(2) demonstrates to the Administrator that, 

12 for any period of 12 consecutive months following 

13 the date of enactment of this subtitle, such State 

14 achieved a recycling or reuse rate for beverage con15 tainers of at least— 

16 ‘‘(A) 50 percent for the first 3 years after 

17 the date of enactment of this subtitle; 

18 ‘‘(B) 60 percent for the subsequent 2 year 

19 period; and 

20 ‘‘(C) 70 percent during any period there21 after; or 

22 ‘‘(3) has adopted and implemented a law re23 quiring a recovery rate of 70 percent within one year 

24 of enactment of this subtitle. Such law shall require 

25 recertification of this recovery rate every 3 years. 


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1 Paragraph (1) shall only apply with respect to the first 

2 3 years after the date of enactment of this subtitle. If at 

3 any time following a determination under paragraph (2) 

4 that a State has achieved the applicable percentage recy5 cling or reuse rate the Administrator determines that such 

6 State has failed, for any 12-consecutive-month period, to 

7 maintain at least the applicable percentage recycling or 

8 reuse rate of its beverage containers, the Administrator 

9 shall notify such State that, upon the expiration of the 

10 90-day period following such notification, the provisions 

11 under sections 12002 through 12005 and sections 12008 

12 and 12009 shall be applicable to that State until a subse13 quent determination is made under subparagraph (A) or 

14 a demonstration is made under subparagraph (B). 

15 ‘‘(b) DETERMINATION OF TAX.—No State or political 

16 subdivision which imposes any tax on the sale of any bev17 erage container may impose a tax on any amount attrib18 utable to the refund value of such container. 

19 ‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this 

20 subtitle shall be construed to affect the authority of any 

21 State or political subdivision thereof to enact or enforce 

22 (or continue in effect) any law respecting a refund value 

23 on containers other than beverage containers or from reg24 ulating redemption and other centers which purchase 


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1 empty beverage containers from beverage retailers, con2 sumers, or other persons. 

3 ‘‘SEC. 12008. REGULATIONS. 

4 ‘‘Not later than 12 months after the date of enact5 ment of this subtitle, the Administrator shall prescribe 

6 regulations to carry out this subtitle. The regulations shall 

7 include a definition of the term ‘beverage retailer’ in a case 

8 in which beverages in beverage containers are sold to con9 sumers through beverage vending machines. Such regula10 tions shall also adjust the 5 cent amount specified in sec11 tion 12002 and the 2 cent amount specified in section 

12 12004 to account for inflation. Such adjustment shall be 

13 effective 10 years after the date of enactment of this sub14 title and additional adjustments shall take effect at 10 

15 year intervals thereafter. The regulations shall also permit 

16 the Administrator to increase such amounts by an addi17 tional amount after the expiration of 5 years after the date 

18 of enactment of this subtitle. 

19 ‘‘SEC. 12009. PENALTIES. 

20 ‘‘Any person who violates any provision of section 

21 12002, 12003, 12004, or 12006 shall be subject to a civil 

22 penalty of not more than $1,000 for each violation. Any 

23 person who violates any provision of section 12005 shall 

24 be subject to a civil penalty of not more than $10,000 for 

25 each violation. 


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1 ‘‘SEC. 12010. EFFECTIVE DATE. 

2 ‘‘Except as provided in section 12007 abd 12008, this 

3 subtitle shall take effect 2 years after the date of its enact4 ment.’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 such Act is amended by adding the following at the end 

7 thereof: 

‘‘Subtitle K—Beverage Container Recycling 

‘‘Sec. 12001. Definitions. 

‘‘Sec. 12002. Required beverage container labeling. 

‘‘Sec. 12003. Origination of refund value. 

‘‘Sec. 12004. Return of refund value. 

‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds. 

‘‘Sec. 12006. Prohibitions on disposal. 

‘‘Sec. 12007. Exempted States. 

‘‘Sec. 12008. Regulations. 

‘‘Sec. 12009. Penalties. 

‘‘Sec. 12010. Effective date.’’. 

Æ 


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