HR 4238
110th CONGRESS
1st Session
H. R. 4238
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
November 15, 2007
Mr. MARKEY (for himself, Mr. GRIJALVA, Mr. HINCHEY, Mr. VAN HOLLEN, Ms.
SLAUGHTER, Mr. DELAHUNT, Ms. ROYBAL-ALLARD, Ms. LORETTA SANCHEZ of California,
Ms. LEE, Mr. BLUMENAUER, Mr. DEFAZIO, and Mr. STARK) 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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Bottle Recycling Climate Protection Act
of 2007'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The energy required to manufacture beverage 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 manufacture
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, 30,000,000 bottles a
year, end up as garbage 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 reduce the costs and environmental
dangers associated with solid waste management and container manufacturing.
(6) States with bottle bills have container recycling rates ranging
from 60 percent to over 90 percent, compared to the national average
recycling rate of 34 percent.
(7) 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. 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 following new subtitle at the end thereof:
`Subtitle K--Beverage Container Recycling
`SEC. 12001. DEFINITIONS.
`For purposes of this subtitle--
`(1) The term `beverage' means water, mineral water, soda water, flavored
water, sports drinks, juice, iced tea, wine cooler, beer or other malt
beverage, or a carbonated nonalcoholic beverage of any variety in liquid
form intended for human consumption, but does not include milk or other
dairy products or dairy-derived products.
`(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 commerce to beverage retailers beverages in beverage
containers for resale.
`(4) The term `beverage retailer' means a person who purchases from
a beverage distributor beverages 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 beverages for consumption on the premises.
`(5) The term `consumer' means a person who purchases a beverage container
for any use other than resale.
`(6) The term `refund value' means the amount specified as the refund
value of a beverage container under section 12002.
`(7) The term `wine cooler' means a drink containing less than 8 percent
alcohol (by volume), consisting of wine and plain, sparkling, or carbonated
water and containing any one or more of the following: nonalcoholic
beverage, flavoring, coloring materials, fruit juices, fruit adjuncts,
sugar, carbon dioxide, preservatives.
`SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.
`Except as otherwise 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, 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 adjustment 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 beverage distributor, 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 collect a deposit on a beverage container.
`SEC. 12004. RETURN OF REFUND VALUE.
`(a) Payment by Retailer-
`(1) IN GENERAL- Except as provided in paragraph (2), if any person
tenders for refund an empty and unbroken beverage container to a beverage
retailer 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 retailer shall promptly pay such
person the amount of the refund value stated on the container.
`(2) EXCEPTIONS- A retailer shall not be required to accept tender of
a beverage container 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 container 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
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
beverage collection centers, including centers which act as agents of
such retailers.
`(2) Nothing in this subtitle shall preclude agreements 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 beverage 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 container is still readable.
`SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE
RECYCLING FUNDS.
`(a) Unclaimed Refunds- 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 that year exceeds the total sum paid during that
year by the distributor 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 greenhouse
gas emissions within the State.
`(b) Refunds in Excess of Collections- If the total of payments made by
a beverage distributor in any calendar year under section 12004(b) for
any State exceed the total refund value of all containers sold by the
distributor for resale in that 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 DISPOSAL.
`No retailer or distributor or agent of a retailer or distributer may
dispose of any beverage container labeled under section 12002 or any metal,
glass, 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 subtitle 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; or
`(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 containers 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 thereafter.
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
recycling 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 subsequent 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 beverage container may impose a tax on any
amount attributable 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 regulating
redemption and other centers which purchase empty beverage containers
from beverage retailers, consumers, or other persons.
`SEC. 12008. REGULATIONS.
`Not later than 12 months after the date of enactment 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 consumers
through beverage vending machines. Such regulations shall also adjust
the 5 cent amount specified in section 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 subtitle and additional adjustments
shall take effect at 10 year intervals thereafter. The regulations shall
also permit the Administrator to increase such amounts by an additional
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.
`SEC. 12010. EFFECTIVE DATE.
`Except as provided in section 12008, this subtitle shall take effect
2 years after the date of its enactment.'.
(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
recycling funds.
`Sec. 12006. Prohibitions on disposal.
`Sec. 12007. Exempted States.
`Sec. 12008. Regulations.
`Sec. 12010. Effective date.'.
END
