I

107TH CONGRESS

1ST SESSION H. R. 845

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

beverage containers, to provide resources for State pollution prevention

and recycling programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 2001

Ms. RIVERS 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, 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 ‘‘National Beverage

5 Container Reuse and Recycling Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) The failure to reuse and recycle empty bev2 erage containers represents a significant and unnec3 essary waste of important national energy and mate4 rial resources.

5 (2) The littering of empty beverage containers

6 constitutes a public nuisance, safety hazard, and

7 aesthetic blight and imposes on public agencies, pri8 vate businesses, farmers, and landowners unneces9 sary costs for the collection and removal of the con10 tainers.

11 (3) Solid waste resulting from the empty bev12 erage containers constitutes a significant proportion

13 of municipal solid waste and increases the cost and

14 problems of effectively managing the disposal of the

15 waste.

16 (4) It is difficult for local communities to raise

17 the necessary capital to sustain affordable curbside

18 recycling programs.

19 (5) The reuse and recycling of empty beverage

20 containers would help eliminate unnecessary burdens

21 on individuals, State and local governments, and the

22 environment.

23 (6) Making new beverage containers from virgin

24 resources uses more energy than using recycled ma25 terials.
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1 (7) Several States have previously enacted and

2 implemented State laws designed to protect the envi3 ronment, conserve energy and material resources,

4 and promote resource recovery of waste by requiring

5 a financial incentive in the form of a refund value

6 on the sale of all beverage containers.

7 (8) The laws referred to in paragraph (7) have

8 proven inexpensive to administer and effective at re9 ducing financial burdens on communities by inter10 nalizing the cost of recycling and litter control to the

11 producers and consumers of beverages.

12 (9) A national system for requiring a refund

13 value on the sale of all beverage containers would

14 act as a positive incentive to individuals to clean up

15 the environment and would—

16 (A) result in a high level of reuse and recy17 cling of the containers;

18 (B) help reduce the costs associated with

19 solid waste management; and

20 (C) result in significant energy conserva21 tion and resource recovery.

22 (10) The collection of unclaimed refunds from

23 a national system of beverage container recycling

24 would provide the resources necessary to assist com-
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1 prehensive reuse and recycling programs throughout

2 the United States.

3 (11) Recycling beverage containers creates sus4 tainable business and employment.

5 (12) A national system of beverage container

6 recycling is consistent with the intent of the Solid

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

8 SEC. 3. BEVERAGE CONTAINER RECYCLING.

9 (a) IN GENERAL.—The Solid Waste Disposal Act (42

10 U.S.C. 6901 et seq.) is amended by adding at the end

11 the following:

12 ‘‘Subtitle K—Beverage Container

13 Recycling

14 ‘‘SEC. 12001. DEFINITIONS.

15 ‘‘In this subtitle:

16 ‘‘(1) BEVERAGE.—The term ‘beverage’ means

17 beer or other malt beverages, water, juice, juice

18 drinks, tea, coffee, sports drinks, soda water, wine

19 coolers, or carbonated soft drinks of any variety in

20 liquid form intended for human consumption.

21 ‘‘(2) BEVERAGE CONTAINER.—The term ‘bev22 erage container’ means a container—

23 ‘‘(A) constructed of metal, glass, or plastic

24 (or a combination of the materials);
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1 ‘‘(B) having a capacity of up to 1 gallon

2 of liquid; and

3 ‘‘(C) that is or has been sealed and used

4 to contain a beverage for sale in interstate com5 merce.

6 ‘‘(3) BEVERAGE DISTRIBUTOR.—The term ‘bev7 erage distributor’ means a person who sells or offers

8 for sale in interstate commerce to beverage retailers

9 beverages in beverage containers for resale.

10 ‘‘(4) BEVERAGE RETAILER.—

11 ‘‘(A) IN GENERAL.—The term ‘beverage

12 retailer’ means a person who—

13 ‘‘(i) purchases from a beverage dis14 tributor beverages in beverage containers

15 for sale to a consumer; or

16 ‘‘(ii) sells or offers to sell in commerce

17 beverages in beverage containers to a con18 sumer.

19 ‘‘(B) BEVERAGE VENDING MACHINES.—

20 The Secretary shall promulgate regulations that

21 define ‘beverage retailer’ for any case in which

22 a beverage in a beverage container is sold to a

23 consumer through a beverage vending machine.
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1 ‘‘(5) CONSUMER.—The term ‘consumer’ means

2 a person who purchases a beverage container for any

3 use other than resale.

4 ‘‘(6) REFUND VALUE.—The term ‘refund value’

5 means the amount specified as the refund value of

6 a beverage container under section 12002.

7 ‘‘(7) UNBROKEN BEVERAGE CONTAINER.—The

8 term ‘unbroken beverage container’ includes—

9 ‘‘(A) a beverage container opened in a

10 manner in which the container was designed to

11 be opened; and

12 ‘‘(B) a beverage container made of metal

13 or plastic that is compressed if the statement of

14 the amount of the refund value of the container

15 is still readable.

16 ‘‘(8) WINE COOLER.—The term ‘wine cooler’

17 means a drink containing less than 7 percent alcohol

18 (by volume)—

19 ‘‘(A) consisting of wine and plain, spar20 kling, or carbonated water; and

21 ‘‘(B) containing a non-alcoholic beverage,

22 flavoring, coloring material, fruit juice, fruit ad23 junct, sugar, carbon dioxide, or preservatives

24 (or any combination thereof).
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1 ‘‘SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.

2 ‘‘(a) IN GENERAL.—Except as provided in section

3 12007, no beverage distributor or beverage retailer may

4 sell or offer for sale in interstate commerce a beverage

5 in a beverage container unless there is clearly, promi6 nently, and securely affixed to, or printed on, the con7 tainer a statement of the refund value of the container

8 in the amount of 10 cents (as adjusted under subsection

9 (c)).

10 ‘‘(b) SIZE AND LOCATION OF STATEMENT.—The Ad11 ministrator shall promulgate regulations establishing uni12 form standards for the size and location of the refund

13 value statement on beverage containers.

14 ‘‘(c) ADJUSTMENTS OF REFUND VALUE.—

15 ‘‘(1) IN GENERAL.—The Secretary shall adjust

16 the amount of the refund value of the container

17 under subsection (a)—

18 ‘‘(A) on the date that is 10 years after the

19 date of enactment of this subtitle, to reflect

20 changes in the Consumer Price Index for all21 urban consumers published by the Department

22 of Labor since the date of enactment of this

23 subtitle; and

24 ‘‘(B) on the date that is 10 years after the

25 initial adjustment made under paragraph (1),

26 and each 10 years thereafter, to reflect changes
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1 in the Consumer Price Index for all-urban con2 sumers published by the Department of Labor

3 since the most recent adjustment.

4 ‘‘(2) ROUNDING.—The Secretary shall round

5 any adjustment under paragraph (1) to the nearest

6 5 cent increment.

7 ‘‘SEC. 12003. COLLECTION OF REFUND VALUE.

8 ‘‘(a) COLLECTION FROM RETAILERS BY DISTRIBU9 TORS.—In the case of each beverage in a beverage con10 tainer sold in interstate commerce to a beverage retailer

11 by a beverage distributor, the distributor shall collect from

12 the retailer the amount of the refund value shown on the

13 container.

14 ‘‘(b) COLLECTION FROM CONSUMERS BY RETAIL15 ERS.—In the case of each beverage in a beverage container

16 sold in interstate commerce to a consumer by a beverage

17 retailer, the retailer shall collect from the consumer the

18 amount of the refund value shown on the container.

19 ‘‘(c) OTHER COLLECTIONS.—No person other than

20 a person described in subsection (a) or (b) may collect a

21 deposit on a beverage container.

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

23 ‘‘(a) PAYMENT BY RETAILER.—If a person tenders

24 for refund an empty and unbroken beverage container to

25 a beverage retailer who sells (or has sold at any time dur-
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1 ing the 90-day period ending on the date of tender) the

2 same brand of beverage in the same kind and size of con3 tainer, the retailer shall promptly pay the person the

4 amount of the refund value stated on the container.

5 ‘‘(b) PAYMENT BY DISTRIBUTOR.—

6 ‘‘(1) IN GENERAL.—If a person tenders for re7 fund an empty and unbroken beverage container to

8 a beverage distributor who sells (or has sold at any

9 time during the 90-day period ending on the date of

10 tender) the same brand of beverage in the same kind

11 and size of container, the distributor shall promptly

12 pay the person—

13 ‘‘(A) the amount of the refund value stated

14 on the container; plus

15 ‘‘(B) an amount equal to at least 2 cents

16 per container to help defray the cost of han17 dling.

18 ‘‘(2) TENDERING BEVERAGE CONTAINERS TO

19 OTHER PERSONS.—This subsection shall not pre20 clude any person from tendering a beverage con21 tainer to a person other than a beverage distributor.

22 ‘‘(c) AGREEMENTS.—

23 ‘‘(1) IN GENERAL.—Nothing in this subtitle

24 precludes an agreement between a distributor, a re25 tailer, or other person to establish a centralized bev-
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1 erage collection center, including a center that acts

2 as an agent of the retailer.

3 ‘‘(2) AGREEMENT FOR CRUSHING OR BUN4 DLING.—Nothing in this subtitle precludes an agree5 ment between a beverage retailer, a beverage dis6 tributor, or other person for the crushing or bun7 dling (or both) of beverage containers.

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

9 PROVISIONS FOR STATE RECYCLING FUNDS.

10 ‘‘(a) UNCLAIMED REFUNDS.—

11 ‘‘(1) PAYMENTS TO STATES.—At the end of

12 each calendar year, each beverage distributor shall

13 pay to each State an amount equal to the sum by

14 which the total refund value of all containers sold by

15 the distributor for resale in that State during the

16 year exceeds the total sum paid during that year by

17 the distributor under section 12004(b) to persons in

18 the State.

19 ‘‘(2) USE BY STATES.—The total amount of un20 claimed refunds received by any State under this

21 section shall be available to carry out pollution pre22 vention and recycling programs in the State.

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

24 total amount of payments made by a beverage distributor

25 for any calendar year under section 12004(b) for any
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1 State exceeds the total amount of the refund values of all

2 containers sold by the distributor for resale in the State,

3 the excess shall be credited against the amount otherwise

4 required to be paid by the distributor to that State under

5 subsection (a) for a subsequent calendar year, designated

6 by the beverage distributor.

7 ‘‘SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS

8 AND POST-REDEMPTION DISPOSAL.

9 ‘‘(a) DETACHABLE OPENINGS.—No beverage dis10 tributor or beverage retailer may sell, or offer for sale,

11 in interstate commerce a beverage in a metal beverage

12 container a part of which is designed to be detached in

13 order to open the container.

14 ‘‘(b) POST-REDEMPTION DISPOSAL.—No retailer or

15 distributor or agent of a retailer or distributor may dis16 pose of any beverage container labeled pursuant to section

17 12002 or any metal, glass, or plastic from the beverage

18 container (other than the top or other seal of the con19 tainer) in any landfill or other solid waste disposal facility.

20 ‘‘SEC. 12007. EXEMPTED STATES.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) EXEMPTION.—Sections 12002 through

23 12005 and sections 12008 and 12009 shall not

24 apply in any State that—
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1 ‘‘(A) has adopted and implemented re2 quirements applicable to all beverage containers

3 sold in the State if the Administrator deter4 mines the requirements to be substantially simi5 lar to the requirements of sections 12002

6 through 12005 and sections 12008 and 12009;

7 or

8 ‘‘(B) demonstrates to the Administrator

9 that, for any 1-year period following the date of

10 enactment of this subtitle, the State achieved a

11 recycling or reuse rate for beverage containers

12 of at least 80 percent.

13 ‘‘(2) TERMINATION OF EXEMPTION.—If (fol14 lowing a determination by the Administrator under

15 paragraph (1)(B) that a State has achieved an 80

16 percent recycling or reuse rate) the Administrator

17 determines that the State has failed, for any 1-year

18 period, to maintain at least an 80 percent recycling

19 or reuse rate of beverage containers, the Adminis20 trator shall notify the State that, on the expiration

21 of the 90-day period following the notification, sec22 tions 12002 through 12005 and sections 12008 and

23 12009 shall apply with respect to the State until a

24 subsequent determination is made under paragraph
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1 (1)(A) or a demonstration is made under paragraph

2 (1)(B).

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

4 subdivision of a State that imposes a tax on the sale of

5 any beverage container may impose a tax on any amount

6 attributable to the refund value of the container.

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

8 subtitle affects the authority of any State or political sub9 division of a State—

10 ‘‘(1) to enact or enforce (or continue in effect)

11 any law concerning a refund value on containers

12 other than beverage containers; or

13 ‘‘(2) to regulate redemption and other centers

14 that purchase empty beverage containers from bev15 erage retailers, consumers, or other persons.

16 ‘‘SEC. 12008. PENALTIES.

17 ‘‘(a) IN GENERAL.—A person who violates section

18 12002, 12003, 12004, or 12006 shall be subject to a civil

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

20 ‘‘(b) ACCOUNTING FOR UNCLAIMED REFUNDS AND

21 PROVISIONS FOR STATE RECYCLING FUNDS.—A person

22 who violates section 12005 shall be subject to a civil pen23 alty of not more than $10,000 for each violation.
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1 ‘‘SEC. 12009. REGULATIONS.

2 ‘‘Not later than 1 year after the date of enactment

3 of this subtitle, the Administrator shall promulgate regula4 tions to carry out this subtitle.

5 ‘‘SEC. 12010. EFFECTIVE DATE.

6 ‘‘Except as provided in section 12009, this subtitle

7 takes effect on the date that is 2 years after the date of

8 enactment of this subtitle.’’.

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

10 the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is

11 amended by adding at the end the following:

‘‘Subtitle K—Beverage Container Recycling

‘‘Sec. 12001. Definitions.

‘‘Sec. 12002. Required beverage container labeling.

‘‘Sec. 12003. Collection 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 detachable openings and post-redemption disposal.

‘‘Sec. 12007. Exempted States.

‘‘Sec. 12008. Penalties.

‘‘Sec. 12009. Regulations.

‘‘Sec. 12010. Effective date.’’.

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