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 preven-
tion 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) intro-
duced 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bottle Recycling Cli-
mate Protection Act of 2009’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) The energy required to manufacture bev-
erage containers from recycled containers is often 
less than the energy required to create new beverage 
container materials from raw materials. 
(2) Recycling beverage containers would reduce 
municipal solid waste and reduce the energy and 
heat-trapping emissions generated in the manufac-
ture of new aluminum, plastics, and other beverage 
container materials. 
(3) An average of 350,000,000 beverage bottles 
and cans are sent to landfills, incinerated, or littered 
every day. 
(4) 
In 
2006, 
less 
than 
half 
of 
the 
100,000,000,000 aluminum beverage cans purchased 
were recycled, resulting in the waste of 800,000 tons 
of aluminum. Nine of ten plastic water bottles, at 
least 27,000,000,000 bottles a year, end up as gar-
bage or litter, where they take up to 1,000 years to 
biodegrade. 
(5) A national system for requiring a refund 
value on the sale of all beverage containers would 
provide a positive incentive to individuals to clean up 
the environment, and would result in a high level of 
reuse and recycling of such containers and help re-
duce the costs and environmental dangers associated 
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with solid waste management and container manu-
facturing. 
(6) Many Americans do not have access to recy-
cling programs. States that combine container de-
posit incentives with convenient redemption locations 
have beverage container recycling rates ranging from 
65 percent to over 90 percent. This is significantly 
higher than the average recycling rates of 35 percent 
for aluminum cans, 14 percent for plastic bottles, 
and 12 percent for glass bottles in States without 
container deposit systems. 
(7) Many domestic industries are dependent on 
recycled steel, aluminum, glass and paper. A con-
tainer deposit system would yield greater access for 
recyclers to high grade recycling products, pre-
venting these industries from competitive disadvan-
tages in international recycling. 
(8) States with bottle bills have container recy-
cling rates ranging from 60 percent to over 90 per-
cent, compared to the national average recycling rate 
of 34 percent. 
(9) A national system of beverage container re-
cycling is consistent with the intent of the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.). 
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SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT. 
(a) AMENDMENT.—The Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.) is amended by adding the fol-
lowing new subtitle at the end thereof: 
‘‘Subtitle K—Beverage Container 
Recycling 
‘‘SEC. 12001. DEFINITIONS. 
‘‘For purposes of this subtitle— 
‘‘(1) The term ‘beverage’ means an alcoholic or 
non-alcoholic, carbonated or uncarbonated liquid 
that is intended for human consumption. 
‘‘(2) The term ‘beverage container’ means a 
container constructed of metal, glass, plastic, or 
some combination of these materials and having a 
capacity of up to one gallon of liquid and which is 
or has been sealed and used to contain a beverage 
for sale in interstate commerce. 
‘‘(3) The term ‘beverage distributor’ means a 
person who sells or offers for sale in interstate com-
merce to beverage retailers beverages in beverage 
containers for resale. 
‘‘(4) The term ‘beverage manufacturer’ means a 
person who manufactures and sells or offers for sale 
in interstate commerce to beverage distributors or 
beverage retailers beverages in beverage containers 
for resale. 
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‘‘(5) The term ‘beverage retailer’ means a per-
son who purchases from a beverage distributor bev-
erages in beverage containers for sale to a consumer 
or who sells or offers to sell in commerce beverages 
in beverage containers to a consumer, but does not 
include a person who sells or offers to sell the bev-
erages for consumption on the premises. 
‘‘(6) The term ‘deposit initiator’ means a per-
son who is a beverage manufacturer, beverage im-
porter or beverage distributor, the domestic beverage 
manufacturer or the first domestic entity selling the 
beverage to the retailer. 
‘‘(7) The term ‘consumer’ means a person who 
purchases a beverage container for any use other 
than resale. 
‘‘(8) The term ‘refund value’ means the amount 
specified as the refund value of a beverage container 
under section 12002. 
‘‘(9) The term ‘recovery for beverage con-
tainers’ includes both beverage containers and other 
containers that are made of beverage container ma-
terials. 
‘‘SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING. 
‘‘Except as otherwise provided in section 12007, no 
beverage distributor or beverage retailer may sell or offer 
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for sale in interstate commerce a beverage in a beverage 
container unless there is clearly, prominently, and securely 
affixed to, or printed on, the container a statement of the 
refund value of the container in the amount of 5 cents. 
The Administrator shall promulgate rules establishing 
uniform standards for the size and location of the refund 
value statement on beverage containers. The 5 cent 
amount specified in this section shall be subject to adjust-
ment by the Administrator as provided in section 12008. 
‘‘SEC. 12003. ORIGINATION OF REFUND VALUE. 
‘‘For each beverage in a beverage container sold in 
interstate commerce to a beverage retailer by a deposit 
initiator, the distributor shall collect from the retailer the 
amount of the refund value shown on the container. With 
respect to each beverage in a beverage container sold in 
interstate commerce to a consumer by a beverage retailer, 
the retailer shall collect from the consumer the amount 
of the refund value shown on the container. No person 
other than the persons described in this section may col-
lect a deposit on a beverage container. 
‘‘SEC. 12004. RETURN OF REFUND VALUE. 
‘‘(a) PAYMENT BY RETAILER.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if any person tenders for refund an empty 
and unbroken beverage container to a beverage re-
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tailer who sells (or has sold at any time during the 
period of 3 months ending on the date of such ten-
der) the same brand of beverage in the same kind 
and size of container, the retailer shall promptly pay 
such person the amount of the refund value stated 
on the container. 
‘‘(2) EXCEPTIONS.—A retailer shall not be re-
quired to accept tender of a beverage container from 
any person under paragraph (1)— 
‘‘(A) if the beverage container contains or 
is contaminated by a hazardous waste; 
‘‘(B) in excess of 600 individual beverage 
containers per day if the retailer occupies a 
space less than 5,000 square feet; or 
‘‘(C) in excess of 1,800 individual beverage 
containers per day if the retailer occupies a 
space greater than 5,000 square feet. 
‘‘(b) PAYMENT
BY DISTRIBUTOR.—If any person 
tenders for refund an empty and unbroken beverage con-
tainer to a beverage distributor who sells (or has sold at 
any time during the period of 3 months ending on the 
date of such tender) the same brand of beverage in the 
same kind and size of container, the distributor shall 
promptly pay such person (1) the amount of the refund 
value stated on the container, plus (2) an amount equal 
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to at least 3 cents per container to help defray the cost 
of handling. This subsection shall not preclude any person 
from tendering beverage containers to persons other than 
beverage distributors. 
‘‘(c) AGREEMENTS.—(1) Nothing in this subtitle 
shall preclude agreements between distributors, retailers, 
or other persons to establish centralized or co-located bev-
erage collection centers, including centers which act as 
agents of such retailers. 
‘‘(2) Nothing in this subtitle shall preclude agree-
ments between beverage retailers, beverage distributors, or 
other persons for the crushing or bundling (or both) of 
beverage containers. 
‘‘(d) BROKEN CONTAINERS.—The opening of a bev-
erage container in a manner in which it was designed to 
be opened and the compression of a beverage container 
made of metal or plastic shall not, for purposes of this 
section, constitute the breaking of the container if the 
statement of the amount of the refund value of the con-
tainer is still readable. 
‘‘(e) REPORTS.—Deposit initiators shall provide an-
nual reports to the Administrator or designated State 
agency documenting their rate of redemption. 
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‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND 
PROVISIONS FOR STATE RECYCLING FUNDS. 
‘‘(a) UNCLAIMED REFUNDS.—At the end of each fis-
cal quarter, each deposit initiator shall pay to each State 
an amount equal to the sum by which the total refund 
value of all containers sold by the deposit initiator for re-
sale in that State during that year exceeds the total sum 
paid during that period by the initiator under section 
12004(b) to persons in that State. The total of unclaimed 
refunds received by any State under this section shall be 
available to carry out programs designed to reduce green-
house gas emissions within the State, including but not 
limited to State and local recycling programs. 
‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the 
total of payments made by a deposit initiator in any cal-
endar year under section 12004(b) for any State exceed 
the total refund value of all containers sold by the initiator 
for resale in that State, the excess shall be credited 
against the amount otherwise required to be paid by the 
initiator to that State under subsection (a) for a subse-
quent fiscal year quarter designated by the deposit 
initiator. 
‘‘SEC. 12006. PROHIBITIONS ON DISPOSAL. 
‘‘No retailer or distributor or agent of a retailer or 
distributer may intentionally dispose of any beverage con-
tainer labeled under section 12002 or any metal, glass, 
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or plastic from such a beverage container (other than the 
top or other seal thereof) in any landfill or other solid 
waste disposal facility. 
‘‘SEC. 12007. EXEMPTED STATES. 
‘‘(a) IN GENERAL.—The provisions of sections 12002 
through 12005 and sections 12008 and 12009 of this sub-
title shall not apply in any State which— 
‘‘(1) has adopted and implemented, before the 
date of enactment of this subtitle, a law requiring 
beverage container deposits; 
‘‘(2) demonstrates to the Administrator that, 
for any period of 12 consecutive months following 
the date of enactment of this subtitle, such State 
achieved a recycling or reuse rate for beverage con-
tainers of at least— 
‘‘(A) 50 percent for the first 3 years after 
the date of enactment of this subtitle; 
‘‘(B) 60 percent for the subsequent 2 year 
period; and 
‘‘(C) 70 percent during any period there-
after; or 
‘‘(3) has adopted and implemented a law re-
quiring a recovery rate of 70 percent within one year 
of enactment of this subtitle. Such law shall require 
recertification of this recovery rate every 3 years. 
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Paragraph (1) shall only apply with respect to the first 
3 years after the date of enactment of this subtitle. If at 
any time following a determination under paragraph (2) 
that a State has achieved the applicable percentage recy-
cling or reuse rate the Administrator determines that such 
State has failed, for any 12-consecutive-month period, to 
maintain at least the applicable percentage recycling or 
reuse rate of its beverage containers, the Administrator 
shall notify such State that, upon the expiration of the 
90-day period following such notification, the provisions 
under sections 12002 through 12005 and sections 12008 
and 12009 shall be applicable to that State until a subse-
quent determination is made under subparagraph (A) or 
a demonstration is made under subparagraph (B). 
‘‘(b) DETERMINATION OF TAX.—No State or political 
subdivision which imposes any tax on the sale of any bev-
erage container may impose a tax on any amount attrib-
utable to the refund value of such container. 
‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this 
subtitle shall be construed to affect the authority of any 
State or political subdivision thereof to enact or enforce 
(or continue in effect) any law respecting a refund value 
on containers other than beverage containers or from reg-
ulating redemption and other centers which purchase 
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empty beverage containers from beverage retailers, con-
sumers, or other persons. 
‘‘SEC. 12008. REGULATIONS. 
‘‘Not later than 12 months after the date of enact-
ment of this subtitle, the Administrator shall prescribe 
regulations to carry out this subtitle. The regulations shall 
include a definition of the term ‘beverage retailer’ in a case 
in which beverages in beverage containers are sold to con-
sumers through beverage vending machines. Such regula-
tions shall also adjust the 5 cent amount specified in sec-
tion 12002 and the 2 cent amount specified in section 
12004 to account for inflation. Such adjustment shall be 
effective 10 years after the date of enactment of this sub-
title and additional adjustments shall take effect at 10 
year intervals thereafter. The regulations shall also permit 
the Administrator to increase such amounts by an addi-
tional amount after the expiration of 5 years after the date 
of enactment of this subtitle. 
‘‘SEC. 12009. PENALTIES. 
‘‘Any person who violates any provision of section 
12002, 12003, 12004, or 12006 shall be subject to a civil 
penalty of not more than $1,000 for each violation. Any 
person who violates any provision of section 12005 shall 
be subject to a civil penalty of not more than $10,000 for 
each violation. 
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‘‘SEC. 12010. EFFECTIVE DATE. 
‘‘Except as provided in section 12007 abd 12008, this 
subtitle shall take effect 2 years after the date of its enact-
ment.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such Act is amended by adding the following at the end 
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 recy-
cling 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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