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 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 2001’’.
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 proportion
of municipal solid waste and increases the cost and
problems of effectively managing the disposal of the
waste.
(4) It is difficult for local communities to raise
the necessary capital to sustain affordable curbside
recycling programs.
(5) The reuse and recycling of empty beverage
containers would help eliminate unnecessary burdens
on individuals, State and local governments, and the
environment.
(6) Making new beverage containers from virgin
resources uses more energy than using recycled ma-
terials.
(7) 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 financial incentive in the form of a refund value
on the sale of all beverage containers.
(8) The laws referred to in paragraph (7) 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.
(9) 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;
(B) help reduce the costs associated with
solid waste management; and
(C) result in significant energy conserva-
tion and resource recovery.
(10) 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.
(11) Recycling beverage containers creates sus-
tainable business and employment.
(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.).
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 beverages, water, juice, juice
drinks, tea, coffee, sports drinks, soda water, wine
coolers, or carbonated soft drinks of any variety in
liquid form intended for human consumption.
‘‘(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.
‘‘(2) TENDERING
BEVERAGE
CONTAINERS
TO
OTHER
PERSONS.—This subsection shall not pre-
clude any person from tendering a beverage con-
tainer to a person other than a beverage distributor.
‘‘(c) AGREEMENTS.—
‘‘(1) IN
GENERAL.—Nothing in this subtitle
precludes an agreement between a distributor, a re-
tailer, or other person to establish a centralized bev-
erage collection center, including a center that acts
as an agent of the retailer.
‘‘(2) AGREEMENT
FOR
CRUSHING
OR
BUN-
DLING.—Nothing in this subtitle precludes an agree-
ment between a beverage retailer, a beverage dis-
tributor, or other person for the crushing or bun-
dling (or both) of beverage containers.
‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND
PROVISIONS FOR STATE RECYCLING FUNDS.
‘‘(a) UNCLAIMED REFUNDS.—
‘‘(1) PAYMENTS
TO
STATES.—At the end of
each calendar year, each beverage distributor shall
pay to each State an amount equal to the sum by
which the total refund value of all containers sold by
the distributor for resale in that State during the
year exceeds the total sum paid during that year by
the distributor under section 12004(b) to persons in
the State.
‘‘(2) USE BY STATES.—The total amount of un-
claimed refunds received by any State under this
section shall be available to carry out pollution pre-
vention and recycling programs in the State.
‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the
total amount of payments made by a beverage distributor
for any calendar year under section 12004(b) for any
State exceeds the total amount of the refund values of all
containers sold by the distributor for resale in the State,
the excess shall be credited against the amount otherwise
required to be paid by the distributor to that State under
subsection (a) for a subsequent calendar year, designated
by the beverage distributor.
‘‘SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS
AND POST-REDEMPTION DISPOSAL.
‘‘(a) DETACHABLE OPENINGS.—No beverage dis-
tributor or beverage retailer may sell, or offer for sale,
in interstate commerce a beverage in a metal beverage
container a part of which is designed to be detached in
order to open the container.
‘‘(b) POST-REDEMPTION DISPOSAL.—No retailer or
distributor or agent of a retailer or distributor may dis-
pose of any beverage container labeled pursuant to section
12002 or any metal, glass, or plastic from the beverage
container (other than the top or other seal of the con-
tainer) in any landfill or other solid waste disposal facility.
‘‘SEC. 12007. EXEMPTED STATES.
‘‘(a) IN GENERAL.—
‘‘(1) EXEMPTION.—Sections 12002 through
12005 and sections 12008 and 12009 shall not
apply in any State that—
‘‘(A) has adopted and implemented re-
quirements applicable to all beverage containers
sold in the State if the Administrator deter-
mines the requirements to be substantially simi-
lar to the requirements of sections 12002
through 12005 and sections 12008 and 12009;
or
‘‘(B) demonstrates to the Administrator
that, for any 1-year period following the date of
enactment of this subtitle, the State achieved a
recycling or reuse rate for beverage containers
of at least 80 percent.
‘‘(2) TERMINATION
OF
EXEMPTION.—If (fol-
lowing a determination by the Administrator under
paragraph (1)(B) that a State has achieved an 80
percent recycling or reuse rate) the Administrator
determines that the State has failed, for any 1-year
period, to maintain at least an 80 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.
‘‘Sec. 12009. Regulations.
‘‘Sec. 12010. Effective date.’’.
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