I
106TH CONGRESS
1ST SESSION
H. R. 2676
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
AUGUST 2, 1999
Ms. RIVERS introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend the Solid Waste Disposal Act to require a refund
value for certain beverage containers, to provide re-
sources for State pollution prevention and recycling pro-
grams, 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 ‘‘National Beverage
Container Reuse and Recycling Act of 1999’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The failure to reuse and recycle empty bev-
erage containers represents a significant and unnec-
essary waste of important national energy and mate-
rial resources.
(2) The littering of empty beverage containers
constitutes a public nuisance, safety hazard, and
aesthetic blight and imposes on public agencies, pri-
vate businesses, farmers, and landowners unneces-
sary costs for the collection and removal of the con-
tainers.
(3) Solid waste resulting from the empty bev-
erage containers constitutes a significant and rapidly
growing proportion of municipal solid waste and in-
creases the cost and problems of effectively man-
aging the disposal of the waste.
(4) It is difficult for local communities to raise
the necessary capital to initiate comprehensive recy-
cling programs.
(5) The reuse and recycling of empty beverage
containers would help eliminate unnecessary burdens
on individuals, local governments, and the environ-
ment.
(6) Several States have previously enacted and
implemented State laws designed to protect the envi-
ronment, conserve energy and material resources,
and promote resource recovery of waste by requiring
a refund value on the sale of all beverage containers.
(7) The laws referred to in paragraph (6) have
proven inexpensive to administer and effective at re-
ducing financial burdens on communities by inter-
nalizing the cost of recycling and litter control to the
producers and consumers of beverages.
(8) A national system for requiring a refund
value on the sale of all beverage containers would
act as a positive incentive to individuals to clean up
the environment and would—
(A) result in a high level of reuse and recy-
cling of the containers; and
(B) help reduce the costs associated with
solid waste management.
(9) A national system for requiring a refund
value on the sale of all beverage containers would re-
sult in significant energy conservation and resource
recovery.
(10) The reuse and recycling of empty beverage
containers would eliminate unnecessary burdens on
the Federal Government, State and local govern-
ments, and the environment.
(11) The collection of unclaimed refunds from
a national system of beverage container recycling
would provide the resources necessary to assist com-
prehensive reuse and recycling programs throughout
the United States.
(12) A national system of beverage container
recycling is consistent with the intent of the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(13) This Act is consistent with the goals estab-
lished by the Administrator of the Environmental
Protection Agency during January 1988 that include
a national goal of 25 percent source reduction and
recycling by 1992, coupled with a substantial slow-
ing of the projected rate of increase in waste genera-
tion by 2000.
SEC. 3. BEVERAGE CONTAINER RECYCLING.
(a) IN GENERAL.—The Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) is amended by adding at the end
the following:
‘‘Subtitle K—Beverage Container
Recycling
‘‘SEC. 12001. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) BEVERAGE.—The term ‘beverage’ means
beer or other malt beverage, mineral water, soda
water, wine cooler, or a carbonated soft drink of any
variety in liquid form intended for human consump-
tion.
‘‘(2) BEVERAGE CONTAINER.—The term ‘bev-
erage container’ means a container—
‘‘(A) constructed of metal, glass, or plastic
(or a combination of the materials);
‘‘(B) having a capacity of up to 1 gallon
of liquid; and
‘‘(C) that is or has been sealed and used
to contain a beverage for sale in interstate com-
merce.
‘‘(3) BEVERAGE DISTRIBUTOR.—The term ‘bev-
erage distributor’ means a person who sells or offers
for sale in interstate commerce to beverage retailers
beverages in beverage containers for resale.
‘‘(4) BEVERAGE RETAILER.—
‘‘(A) IN
GENERAL.—The term ‘beverage
retailer’ means a person who—
‘‘(i) purchases from a beverage dis-
tributor beverages in beverage containers
for sale to a consumer; or
‘‘(ii) sells or offers to sell in commerce
beverages in beverage containers to a con-
sumer.
‘‘(B) BEVERAGE
VENDING
MACHINES.—
The Secretary shall promulgate regulations that
define ‘beverage retailer’ for any case in which
a beverage in a beverage container is sold to a
consumer through a beverage vending machine.
‘‘(5) CONSUMER.—The term ‘consumer’ means
a person who purchases a beverage container for any
use other than resale.
‘‘(6) REFUND VALUE.—The term ‘refund value’
means the amount specified as the refund value of
a beverage container under section 12002.
‘‘(7) UNBROKEN BEVERAGE CONTAINER.—The
term ‘unbroken beverage container’ includes—
‘‘(A) a beverage container opened in a
manner in which the container was designed to
be opened; and
‘‘(B) a beverage container made of metal
or plastic that is compressed if the statement of
the amount of the refund value of the container
is still readable.
‘‘(8) WINE
COOLER.—The term ‘wine cooler’
means a drink containing less than 7 percent alcohol
(by volume)—
‘‘(A) consisting of wine and plain, spar-
kling, or carbonated water; and
‘‘(B) containing a non-alcoholic beverage,
flavoring, coloring material, fruit juice, fruit ad-
junct, sugar, carbon dioxide, or preservatives
(or any combination thereof).
‘‘SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.
‘‘(a) IN GENERAL.—Except as provided in section
12007, no beverage distributor or beverage retailer may
sell or offer for sale in interstate commerce a beverage
in a beverage container unless there is clearly, promi-
nently, and securely affixed to, or printed on, the con-
tainer a statement of the refund value of the container
in the amount of 10 cents (as adjusted under subsection
(c)).
‘‘(b) SIZE AND LOCATION OF STATEMENT.—The Ad-
ministrator shall promulgate regulations establishing uni-
form standards for the size and location of the refund
value statement on beverage containers.
‘‘(c) ADJUSTMENTS OF REFUND VALUE.—
‘‘(1) IN GENERAL.—The Secretary shall adjust
the amount of the refund value of the container
under subsection (a)—
‘‘(A) on the date that is 10 years after the
date of enactment of this subtitle, to reflect
changes in the Consumer Price Index for all-
urban consumers published by the Department
of Labor since the date of enactment of this
subtitle; and
‘‘(B) on the date that is 10 years after the
initial adjustment made under paragraph (1),
and each 10 years thereafter, to reflect changes
in the Consumer Price Index for all-urban con-
sumers published by the Department of Labor
since the most recent adjustment.
‘‘(2) ROUNDING.—The Secretary shall round
any adjustment under paragraph (1) to the nearest
5 cent increment.
‘‘SEC. 12003. COLLECTION OF REFUND VALUE.
‘‘(a) COLLECTION FROM RETAILERS BY DISTRIBU-
TORS.—In the case of each beverage in a beverage con-
tainer sold in interstate commerce to a beverage retailer
by a beverage distributor, the distributor shall collect from
the retailer the amount of the refund value shown on the
container.
‘‘(b) COLLECTION FROM CONSUMERS BY RETAIL-
ERS.—In the case of 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.
‘‘(c) OTHER COLLECTIONS.—No person other than
a person described in subsection (a) or (b) may collect a
deposit on a beverage container.
‘‘SEC. 12004. RETURN OF REFUND VALUE.
‘‘(a) PAYMENT BY RETAILER.—If a person tenders
for refund an empty and unbroken beverage container to
a beverage retailer who sells (or has sold at any time dur-
ing the 90-day period ending on the date of tender) the
same brand of beverage in the same kind and size of con-
tainer, the retailer shall promptly pay the person the
amount of the refund value stated on the container.
‘‘(b) PAYMENT BY DISTRIBUTOR.—
‘‘(1) IN GENERAL.—If a person tenders for re-
fund an empty and unbroken beverage container to
a beverage distributor who sells (or has sold at any
time during the 90-day period ending on the date of
tender) the same brand of beverage in the same kind
and size of container, the distributor shall promptly
pay the person—
‘‘(A) the amount of the refund value stated
on the container; plus
‘‘(B) an amount equal to at least 2 cents
per container to help defray the cost of han-
dling.
period, to maintain at least a 70 percent recycling
or reuse rate of beverage containers, the Adminis-
trator shall notify the State that, on the expiration
of the 90-day period following the notification, sec-
tions 12002 through 12005 and sections 12008 and
12009 shall apply with respect to the State until a
subsequent determination is made under paragraph
(1)(A) or a demonstration is made under paragraph
(1)(B).
‘‘(b) DETERMINATION OF TAX.—No State or political
subdivision of a State that imposes a tax on the sale of
any beverage container may impose a tax on any amount
attributable to the refund value of the container.
‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this
subtitle affects the authority of any State or political sub-
division of a State—
‘‘(1) to enact or enforce (or continue in effect)
any law concerning a refund value on containers
other than beverage containers; or
‘‘(2) to regulate redemption and other centers
that purchase empty beverage containers from bev-
erage retailers, consumers, or other persons.
‘‘SEC. 12008. PENALTIES.
‘‘(a) IN GENERAL.—A person who violates section
12002, 12003, 12004, or 12006 shall be subject to a civil
penalty of not more than $1,000 for each violation.
‘‘(b) ACCOUNTING FOR UNCLAIMED REFUNDS AND
PROVISIONS FOR STATE RECYCLING FUNDS.—A person
who violates section 12005 shall be subject to a civil pen-
alty of not more than $10,000 for each violation.
‘‘SEC. 12009. REGULATIONS.
‘‘Not later than 1 year after the date of enactment
of this subtitle, the Administrator shall promulgate regula-
tions to carry out this subtitle.
‘‘SEC. 12010. EFFECTIVE DATE.
‘‘Except as provided in section 12009, this subtitle
takes effect on the date that is 2 years after the date of
enactment of this subtitle.’’.
(b) TABLE OF CONTENTS.—The table of contents for
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
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 recy-
cling funds.
‘‘Sec. 12006. Prohibitions on detachable openings and post-redemption disposal.
‘‘Sec. 12007. Exempted States.
‘‘Sec. 12008. Penalties.