[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1444 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1444

  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

                             April 6, 1995

   Mr. Markey (for himself, Mr. Brown of California, Mrs. Johnson of 
  Connecticut, Mr. Pallone, Mrs. Kennelly, Mr. Dellums, Mr. Frank of 
  Massachusetts, Mr. Olver, and Mr. Studds) 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, 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 ``National Beverage Container Reuse 
and Recycling Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The failure to reuse and recycle empty beverage 
        containers represents a significant and unnecessary waste of 
        important national energy and material resources.
            (2) The littering of empty beverage containers constitutes 
        a public nuisance, safety hazard, and aesthetic blight and 
        imposes upon public agencies, private businesses, farmers, and 
        landowners unnecessary costs for the collection and removal of 
        such containers.
            (3) Solid waste resulting from such empty beverage 
        containers constitutes a significant and rapidly growing 
        proportion of municipal solid waste and increases the cost and 
        problems of effectively managing the disposal of such waste.
            (4) It is difficult for local communities to raise the 
        necessary capital needed to initiate comprehensive recycling 
        programs.
            (5) The reuse and recycling of empty beverage containers 
        would help eliminate these unnecessary burdens on individuals, 
        local governments, and the environment.
            (6) Several States have previously enacted and implemented 
        State laws designed to protect the environment, conserve energy 
        and material resources and promote resource recovery of waste 
        by requiring a refund value on the sale of all beverage 
        containers, and these have proven inexpensive to administer and 
        effective at reducing financial burdens on communities by 
        internalizing the cost of recycling and litter control to the 
        producers and consumers of beverages.
            (7) 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 
        result in a high level of reuse and recycling of such 
        containers and help reduce the costs associated with solid 
        waste management.
            (8) A national system for requiring a refund value on the 
        sale of all beverage containers would result in significant 
        energy conservation and resource recovery.
            (9) The reuse and recycling of empty beverage containers 
        would eliminate these unnecessary burdens on the Federal 
        Government, local and State governments, and the environment.
            (10) The collection of unclaimed refunds from such a system 
        would provide the resources necessary to assist comprehensive 
        reuse and recycling programs throughout the Nation.
            (11) 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.).
            (12) The provisions of this Act are consistent with the 
        goals set in January 1988, by the Environmental Protection 
        Agency, which establish a national goal of 25 percent source 
        reduction and recycling by 1992, coupled with a substantial 
        slowing of the projected rate of increase in waste generation 
        by the year 2000.

SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT.

    (a) Amendment.--The Solid Waste Disposal Act 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 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 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. 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.
            ``(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.
            ``(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 7 percent alcohol (by volume), consisting of wine and 
        plain, sparkling, or carbonated water and containing any one or 
        more of the following: non-alcoholic 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 10 cents. The Administrator shall promulgate rules 
establishing uniform standards for the size and location of the refund 
value statement on beverage containers. The 10 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.--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.
    ``(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 2 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.

``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 pollution 
prevention and recycling programs in that 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 DETACHABLE OPENINGS AND POST-REDEMPTION 
              DISPOSAL.

    ``(a) Detachable Openings.--No beverage distributor 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 such container.
    ``(b) Post-Redemption Disposal.--No retailer or distributor or 
agent of a retailer or distributor 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 requirements applicable 
        to all beverage containers sold in that State which the 
        Administrator determines to be substantially identical to the 
        provisions of sections 12002 through 12005 and sections 12008 
        and 12009 of this subtitle; or
            ``(2) demonstrates to the Administrator that, for any 
        period of 12 consecutive months following the date of the 
        enactment of this subtitle, such State achieved a recycling or 
        reuse rate for beverage containers of at least 70 percent.
If at any time following a determination under paragraph (2) that a 
State has achieved a 70 percent recycling or reuse rate the 
Administrator determines that such State has failed, for any 12-
consecutive month period, to maintain at least a 70 percent 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 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 10 cent amount specified in section 
12002 to account for inflation. Such adjustment shall be effective 10 
years after the enactment of this subtitle and additional adjustments 
shall take effect at 10 year intervals thereafter.

``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 containers 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 detachable openings and post-redemption 
                            disposal.
``Sec. 12007. Exempted States.
``Sec. 12008. Regulations.
``Sec. 12009. Penalties.
``Sec. 12010. Effective date.''.

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