[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3281 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3281

To amend the Solid Waste Disposal Act to require recycling of beverage 
                  containers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2020

Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to require recycling of beverage 
                  containers, 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 ``Original Recycling Bottle Act of 
2020''.

SEC. 2. BEVERAGE CONTAINER COLLECTION.

    (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 Collection

``SEC. 12001. DEFINITIONS.

    ``In this subtitle:
            ``(1) Area.--When used in the context of space occupied by 
        a retailer, the term `area' means--
                    ``(A) the number of square feet of the building or 
                portion of the building leased or owned by the 
                retailer; and
                    ``(B) only includes retail space if--
                            ``(i) the retail space is less than 5,000 
                        square feet;
                            ``(ii) the retail space occupies less than 
                        50 percent of the leased or owned space where 
                        retail operations are located; and
                            ``(iii) the nonretail space is used in 
                        whole or in part for the manufacturing of 
                        beverages.
            ``(2) Beverage container.--
                    ``(A) In general.--The term `beverage container' 
                means an individual, separate, and sealed glass, metal, 
                or plastic bottle or can (other than a carton, foil 
                pouch, drink box, or metal container that requires a 
                tool to be opened) that--
                            ``(i) contains a beverage that is intended 
                        for human consumption and in a quantity less 
                        than or equal to 3 fluid liters that is--
                                    ``(I) water or flavored water;
                                    ``(II) beer or other malt 
                                beverages;
                                    ``(III) mineral water, soda water, 
                                or similar carbonated soft drinks;
                                    ``(IV) kombucha; or
                                    ``(V) hard seltzer; and
                            ``(ii) does not contain--
                                    ``(I) dairy milk or plant-based 
                                milk;
                                    ``(II) infant formula; or
                                    ``(III) any other beverage that is 
                                exempted by a rule of the 
                                Administrator.
                    ``(B) Exclusion.--The term `beverage container' 
                does not include a container that contains infant 
                formula intended solely for infant feeding.
            ``(3) Category of beverage.--The term `category of 
        beverage' means one of the following categories of beverage in 
        a beverage container:
                    ``(A) Water.
                    ``(B) Carbonated soft drinks.
                    ``(C) All other non-alcoholic beverages (excluding 
                dairy milk and plant-based milk, infant formula, and 
                liquid meal replacements).
                    ``(D) Alcoholic beverages.
                    ``(E) Beverages containing marijuana or hemp.
            ``(4) Dairy milk.--
                    ``(A) In general.--The term `dairy milk' means a 
                beverage that consists of only dairy milk, flavorings, 
                or nutritional additives.
                    ``(B) Inclusions.--The term `dairy milk' includes 
                flavored milk beverages, such as chocolate milk and 
                lactose free milk.
                    ``(C) Exclusions.--The term `dairy milk' does not 
                include kefir, drinkable yogurt, buttermilk, smoothies, 
                shakes, a beverage that is primarily milk but includes 
                other ingredients such as fruit, or a beverage that is 
                primarily milk but is marketed as a beverage other than 
                milk, such as a smoothie or shake.
            ``(5) Distributor.--The term `distributor' means a person 
        who engages in the sale of beverages in beverage containers to 
        a retailer, including any manufacturer who engages in those 
        sales.
            ``(6) Convenience zone.--The term `convenience zone' means 
        a convenience zone specified by the Administrator under section 
        12002(e)(1)(A).
            ``(7) Hard seltzer.--The term `hard seltzer' means a sugar-
        based alcoholic beverage that contains carbonated water or any 
        malt-based alcoholic beverage that contains carbonated water 
        and is not a malt beverage.
            ``(8) Importer.--The term `importer' means any retailer or 
        manufacturer who directly imports into the United States 
        beverage containers.
            ``(9) Kombucha.--The term `kombucha' means a fermented 
        beverage that is made from tea and does not contain more than 
        21 percent alcohol by volume.
            ``(10) Liquid meal replacement.--The term `liquid meal 
        replacement' means a ready-to-drink liquid with caloric and 
        nutritional value intended to replace a regular meal.
            ``(11) Manufacturer.--The term `manufacturer' means a 
        person bottling, canning, or otherwise filling beverage 
        containers for sale to distributors, importers, or retailers.
            ``(12) Plant-based milk.--
                    ``(A) In general.--The term `plant-based milk' 
                means a beverage consisting primarily of liquid 
                extracted from nuts, grains, legumes, or seeds and 
                flavorings or nutritional additives.
                    ``(B) Exclusions.--The term `plant-based milk' does 
                not include kefir, drinkable yogurt, smoothies, shakes, 
                coconut water, a beverage that is primarily plant-based 
                milk but includes other ingredients such as fruit, or a 
                beverage that is primarily plant-based milk but is 
                marketed as a beverage other than a plant-based milk, 
                such as a smoothie or shake.
            ``(13) Recovery rate.--The term `recovery rate' means the 
        quantity of beverage containers collected divided by the 
        quantity of beverage containers produced, expressed as a 
        percentage.
            ``(14) Redemption center.--The term `redemption center' 
        means a redemption center described in section 12002(d).
            ``(15) Retailer.--The term `retailer' means a person that 
        sells or offers for sale beverages in beverage containers to a 
        consumer.
            ``(16) Return rate.--The term `return rate' means the 
        number of beverage containers returned for the refund value in 
        accordance with section 12003(e) during a calendar year and the 
        number of beverage containers that carry a refund value sold 
        during that calendar year, calculated separately.
            ``(17) Wine.--
                    ``(A) In general.--The term `wine' means a 
                fermented vinous liquor or fruit juice, or other 
                fermented beverage fit for beverage purposes that is 
                not a malt beverage, containing more than 0.5 percent 
                alcohol by volume and not more than 21 percent alcohol 
                by volume.
                    ``(B) Inclusions.--The term `wine' includes 
                fortified wine, cider more than 8.5 percent alcohol by 
                volume, and mead.
                    ``(C) Exclusions.--The term `wine' does not include 
                cider that is not more than 8.5 percent alcohol by 
                volume, hard seltzer, or kombucha.

``SEC. 12002. BEVERAGE CONTAINER RECOVERY PROGRAMS.

    ``(a) In General.--Subject to subsection (b), not later than 5 
years after the date of enactment of this subtitle--
            ``(1) every beverage container sold or offered for sale by 
        a retailer shall clearly indicate by embossing, a stamp, a 
        label, or other method securely affixed to the beverage 
        container, the refund value of the container;
            ``(2) each retailer shall pay distributors the refund value 
        for each beverage container delivered;
            ``(3) on the sale of each beverage container by a retailer, 
        the retailer may collect a refund value in accordance with 
        section 12003(e);
            ``(4) on return of the beverage container to a retailer or 
        a redemption center by a person, the retailer or redemption 
        center, as applicable, shall repay a refund value to the 
        person;
            ``(5) retailers that are participating in a redemption 
        center in accordance with subsection (d) shall collectively pay 
        not less than 50 percent of the cost of operating the 
        redemption center, which amount shall be apportioned among the 
        retailers based on the total volume of beverage containers sold 
        by each retailer;
            ``(6) a distributor that is a member of a distributor 
        cooperative under subsection (c) shall retrieve containers from 
        retailers or redemption centers and pay refunds through the 
        distributor cooperative in accordance with that subsection;
            ``(7) a distributor that is not a member of a distributor 
        cooperative under subsection (c) shall--
                    ``(A) in a timely manner and consistent with 
                commercial best practices, collect beverage containers 
                that--
                            ``(i) the distributor distributes to a 
                        retailer; and
                            ``(ii) the retailer or an applicable 
                        redemption center has collected from consumers; 
                        and
                    ``(B) on receipt of each beverage container under 
                subparagraph (A), pay the retailer or the redemption 
                center, as applicable, the refund value; and
            ``(8) by June 1 of each calendar year, a distributor or 
        importer shall provide to the Administrator a report that lists 
        the beverage container return data for the previous calendar 
        year of the distributor or importer, calculated separately for 
        glass, metal, and plastic beverage containers.
    ``(b) Exception for States With Existing Programs.--
            ``(1) In general.--A State that has in effect a beverage 
        container recovery program the requirements of which are 
        substantially similar to, or more stringent than, the 
        requirements of this section may submit to the Administrator a 
        request to waive the applicability of this section in that 
        State.
            ``(2) Requirement.--The Administrator may approve a waiver 
        under paragraph (1) if the State demonstrates that the beverage 
        container recovery rate for the program in that State is more 
        than 75 percent.
    ``(c) Distributor Cooperatives.--
            ``(1) In general.--The Administrator may approve the 
        formation of a distributor cooperative by 2 or more 
        distributors or importers for the purposes of--
                    ``(A) collecting the refund value of beverage 
                containers specified from distributors or importers and 
                refunding to retailers the amount the retailers paid 
                for the refund value of empty beverage containers;
                    ``(B) paying the refund value for beverage 
                containers redeemed; and
                    ``(C) processing beverage containers.
            ``(2) Applications.--
                    ``(A) In general.--Applications to become a 
                distributor cooperative described in paragraph (1) 
                shall be submitted to the Administrator.
                    ``(B) Contents.--An application under subparagraph 
                (A) shall include--
                            ``(i) evidence of consultation with 
                        stakeholders prior to submitting the 
                        application for approval;
                            ``(ii) assurances that--
                                    ``(I) the distributor cooperative 
                                will provide an opportunity for 
                                stakeholder input in the implementation 
                                and operation of the activities 
                                described in paragraph (1);
                                    ``(II) distributors will pay the 
                                costs of collecting and managing 
                                beverage containers;
                                    ``(III) reasonable and free 
                                consumer access to collection 
                                facilities or collection services will 
                                be provided;
                                    ``(IV) the distributer cooperative 
                                will make consumers aware of--
                                            ``(aa) the activities 
                                        described in paragraph (1);
                                            ``(bb) the location of 
                                        collection facilities or the 
                                        availability of collection 
                                        services; and
                                            ``(cc) how to manage 
                                        beverage containers in a safe 
                                        manner;
                                    ``(V) the distributor cooperative 
                                will have the ability to track the 
                                return rate, the management of costs 
                                incurred by the program, and the 
                                management of environmental impacts of 
                                the program; and
                                    ``(VI) the distributor cooperative 
                                will have a dispute resolution 
                                procedure for disputes that arise 
                                during implementation of the activities 
                                under paragraph (1); and
                            ``(iii) such other information as the 
                        Administrator may require.
            ``(3) Considerations.--In deciding whether to approve an 
        application under paragraph (2), the Administrator may consider 
        any of the following:
                    ``(A) The population and geographical area of the 
                markets in which the distributor cooperative operates.
                    ``(B) The quantity of beverage containers that 
                distributors expect will be used in a commercial 
                enterprise, sold, offered for sale, or distributed each 
                year.
                    ``(C) The quantity of beverage containers that the 
                distributor cooperative expects to collect each year.
                    ``(D) The size of the population intended to be 
                served by collection facilities or collection services 
                of the distributor cooperative.
                    ``(E) The provision of convenient options for the 
                collection of beverage containers in urban centers and 
                small, isolated communities, and for persons with 
                disabilities or who have no access to transportation.
                    ``(F) The manner, kind, and quantity of advertising 
                and consumer education planned by the distributor to 
                inform consumers of--
                            ``(i) the location and operation of 
                        collection facilities;
                            ``(ii) the availability of collection 
                        services; and
                            ``(iii) the environmental and economic 
                        benefits of participating in the activities 
                        under paragraph (1).
                    ``(G) The methods of beverage container collection, 
                storage, transportation, and management.
                    ``(H) Distributor cooperatives in the same 
                geographical area.
                    ``(I) The structure of financial and operational 
                cooperation with 2 or more distributors or importers.
            ``(4) Requirements.--A distributor cooperative under 
        paragraph (1) shall--
                    ``(A) outline a plan to achieve, or to be capable 
                of achieving by a reasonable date, which shall be not 
                later than 2 years after the date of enactment of this 
                subtitle--
                            ``(i) a 75 percent recovery rate or any 
                        performance measures, performance requirements, 
                        or targets established by the Administrator; 
                        and
                            ``(ii) any performance measures, 
                        performance requirements, or targets in the 
                        plan; and
                    ``(B) submit the plan described in subparagraph (A) 
                and such additional documentation as the Administrator 
                determines to be necessary with each report provided to 
                the Administrator under paragraph (9).
            ``(5) Compliance.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subtitle, each distributor 
                and distributor cooperative shall achieve the 
                applicable target recovery rates established under 
                paragraph (4)(A)(i).
                    ``(B) Noncompliance.--If a distributor or 
                distributor cooperative does not achieve an applicable 
                target recovery rate in accordance with subparagraph 
                (A), the distributor or distributor cooperative shall--
                            ``(i) submit to the Administrator a plan to 
                        achieve the applicable target recovery rate; 
                        and
                            ``(ii) forfeit to the Administrator the 
                        amount of any unredeemed beverage container 
                        deposits received by the distributor or 
                        distributor cooperative.
                    ``(C) Use of forfeited amounts.--The Administrator 
                shall use amounts forfeited under subparagraph (B)(ii) 
                for marketing and outreach relating to the program 
                under this subtitle.
            ``(6) Multiple organizations.--A distributor may 
        participate in more than 1 distributor cooperative only if each 
        distributor cooperative is established for a different category 
        of beverage containers or geographic area.
            ``(7) Participation fees.--
                    ``(A) In general.--A distributor cooperative may 
                charge each distributor fees for membership that 
                include, with respect to a distributor, the costs of 
                collecting or cleaning up the beverage containers of 
                the distributor.
                    ``(B) Considerations.--In determining the costs of 
                collection and cleanup described in subparagraph (A), 
                the distributor cooperative shall take into account--
                            ``(i) the cost to properly manage the 
                        applicable category of beverage container 
                        waste; and
                            ``(ii) the environmental benefits of 
                        beverage containers that--
                                    ``(I) are specifically designed to 
                                be reusable or refillable; and
                                    ``(II) have a high reuse or refill 
                                rate.
            ``(8) Revocation.--The Administrator may revoke the 
        approval of a distributor cooperative for continued or 
        persistent noncompliance with the requirements of this 
        subtitle.
            ``(9) Reports.--Not later than July 1 of each calendar 
        year, a distributor cooperative shall provide to the 
        Administrator a report that lists, in aggregate form for all 
        distributors and importers that participate in the distributor 
        cooperative, the fee structure, and the beverage container 
        return data for the previous calendar year, calculated 
        separately for glass, metal, and plastic beverage containers.
    ``(d) Redemption Centers.--
            ``(1) In general.--The Administrator shall approve a 
        redemption center if the Administrator determines that the 
        redemption center will provide a convenient service to 
        consumers for the return of empty beverage containers.
            ``(2) Requirements.--A redemption center shall--
                    ``(A) be staffed and open--
                            ``(i) each day; and
                            ``(ii) not less than 10 hours each day;
                    ``(B) accept--
                            ``(i) any beverage container; and
                            ``(ii) not less than 350 beverage 
                        containers per person per day;
                    ``(C) provide--
                            ``(i) hand counts by staff of the facility;
                            ``(ii) a drop door for consumers who are 
                        bottle drop account holders to drop off bags of 
                        beverage containers for staff of the facility 
                        to count for a fee; or
                            ``(iii) any other convenient means of 
                        receiving beverage containers, as determined by 
                        the Administrator; and
                    ``(D) be sited in a conveniently accessible 
                commercial zone, unless the Administrator determines 
                that another location provides substantially equivalent 
                service for consumers.
            ``(3) Factors.--In determining whether to approve a 
        redemption center under paragraph (1), the Administrator shall 
        consider--
                    ``(A)(i) the location of the redemption center; and
                    ``(ii) if the redemption center is not located in a 
                commercial zone, whether the location will have similar 
                return convenience for consumers as a commercial zone 
                location;
                    ``(B) the category of beverage containers accepted 
                at the redemption center;
                    ``(C) retailers occupying 5,000 or more square feet 
                within a redemption center zone that will be served by 
                the redemption center and the distance of the retailers 
                from the redemption center;
                    ``(D) retailers occupying 5,000 or more square feet 
                within a redemption center zone that will not be served 
                by the redemption center and the distance of the 
                retailers from the redemption center;
                    ``(E) days and hours of operation of the redemption 
                center;
                    ``(F) parking facilities serving the redemption 
                center;
                    ``(G) evidence showing that the redemption center 
                meets all applicable local ordinances and zoning 
                requirements;
                    ``(H) the limitation, if any, on the number of 
                beverage containers per person per day that the 
                redemption center will accept;
                    ``(I) 1 or more payment methods offered by the 
                redemption center for redeemed beverage containers;
                    ``(J) the projected volume of beverage container 
                returns at the redemption center as compared to the 
                actual returns at the retailers to be served by the 
                redemption center;
                    ``(K) a description of how consumers will be 
                notified of the location, services, and service hours 
                of the redemption center; and
                    ``(L) any other relevant factor that the 
                Administrator determines to be fundamental to the 
                operation of a redemption center.
            ``(4) Applications.--
                    ``(A) In general.--Any person desiring approval of 
                a redemption center shall submit an application to the 
                Administrator.
                    ``(B) Contents.--An application under subparagraph 
                (A) shall include--
                            ``(i) the name and address of each person 
                        to be responsible for the establishment and 
                        operation of the redemption center;
                            ``(ii) the exact location and mailing 
                        address of the redemption center;
                            ``(iii) the category of beverage containers 
                        that will be accepted at the redemption center;
                            ``(iv) the names and addresses of the 
                        retailers occupying 5,000 or more square feet 
                        within a redemption center zone that will be 
                        served by the redemption center;
                            ``(v) the names and addresses of the 
                        retailers occupying 5,000 or more square feet 
                        within a redemption center zone that will not 
                        be served by the redemption center;
                            ``(vi) the distances from the redemption 
                        center to the retailers occupying 5,000 or more 
                        square feet within a redemption center zone 
                        that will be served;
                            ``(vii) the distances from the redemption 
                        center to retailers occupying 5,000 or more 
                        square feet within a redemption center zone 
                        that will not be served;
                            ``(viii) the days and hours of operation of 
                        the redemption center;
                            ``(ix) a description of parking facilities 
                        to serve the redemption center;
                            ``(x) evidence showing that a redemption 
                        center meets the zoning requirements and other 
                        applicable State and local ordinances of the 
                        regulating jurisdiction;
                            ``(xi) the limitation, if any, on the 
                        number of beverage containers per person per 
                        day that will be accepted at the redemption 
                        center;
                            ``(xii) the 1 or more payment methods for 
                        redeemed beverage containers;
                            ``(xiii) the projected volume of beverage 
                        container returns at the redemption center as 
                        compared to the actual returns at the retailers 
                        to be served by the redemption center;
                            ``(xiv) a description of how consumers will 
                        be notified of the location, services, and 
                        service hours of the redemption center; and
                            ``(xv) such additional information as the 
                        Administrator may require.
            ``(5) Annual registration.--
                    ``(A) In general.--The 1 or more persons 
                responsible for the operation of a redemption center 
                approved by the Administrator under paragraph (1) shall 
                register the redemption center with the Administrator 
                and pay the fee determined by the Administrator not 
                later than July 1 of each calendar year, which 
                registration shall be in effect for the next calendar 
                year.
                    ``(B) Contents.--A registration under subparagraph 
                (A)--
                            ``(i) shall be on a form provided by the 
                        Administrator; and
                            ``(ii) shall contain, at a minimum--
                                    ``(I) a list and exact address of 
                                each redemption center that the person 
                                is responsible for operating during the 
                                next calendar year;
                                    ``(II) the fee for each redemption 
                                center that the person is responsible 
                                for operating during the next calendar 
                                year; and
                                    ``(III) such additional information 
                                as may be required by the 
                                Administrator.
                    ``(C) Withdrawal of approval.--
                            ``(i) In general.--The Administrator shall 
                        withdraw approval of a redemption center if a 
                        person responsible for operating the redemption 
                        center fails to submit the required information 
                        or pay the required fee by July 1 of each 
                        calendar year in accordance with subparagraph 
                        (A).
                            ``(ii) Cessation of operations.--On 
                        withdraw of approval of a redemption center 
                        under clause (i), the redemption center shall 
                        cease all operations until the person 
                        responsible for operating the redemption center 
                        submits the required information or required 
                        fee to the Administrator.
            ``(6) Standards of cleanliness for redemption centers.--All 
        persons responsible for the establishment and operation of the 
        redemption center shall at all times use commercially 
        reasonable practices to keep the redemption center premises, 
        including the parking facilities serving the redemption center, 
        in accordance with applicable law, in good repair, painted, 
        clean, well-lighted, free of litter and trash, and free of 
        rodents, vermin, infestations of insects, and their harborages 
        or breeding places.
    ``(e) Retailers Within Convenience Zones.--
            ``(1) In general.--
                    ``(A) In general.--For each redemption center, the 
                Administrator shall specify not less than 1 and not 
                more than 2 convenience zones.
                    ``(B) Determination.--The area of each convenience 
                zone shall be an area surrounding the redemption center 
                that is based, to the maximum extent practicable, on 
                the proposal submitted as part of an application for 
                approval of a redemption center under subsection 
                (d)(1).
                    ``(C) Guidelines.--The Administrator shall 
                establish guidelines for determining the surface area 
                sizes of convenience zones.
                    ``(D) Location.--If the Administrator specifies a 
                second convenience zone for a redemption center under 
                subparagraph (A), any point along the interior border 
                of the second convenience zone shall be not closer to 
                the redemption center than the exterior border of the 
                first convenience zone.
            ``(2) Eligibility.--Any retailer doing business within a 
        convenience zone that occupies a space of not less than 5,000 
        square feet in a single area may participate in, be served by, 
        and be charged the cost of participation in the redemption 
        center in accordance with subsection (a)(5).
            ``(3) Participating retailers.--
                    ``(A) First convenience zone.--A retailer described 
                in paragraph (2) within the first convenience zone that 
                participates in, is served by, and pays the cost of 
                participation in the redemption center may refuse to 
                accept and to pay the refund value of empty beverage 
                containers.
                    ``(B) Second convenience zone.--A retailer 
                described in paragraph (2) within the second 
                convenience zone, if any, that participates in, is 
                served by, and pays the cost of participation in the 
                redemption center may refuse to accept and to pay the 
                refund value of more than 24 individual empty beverage 
                containers returned by any 1 person during any 1 day.
            ``(4) Small retailers.--Any retailer doing business within 
        a convenience zone that occupies a space of less than 5,000 
        square feet in a single area may refuse to accept and to pay 
        the refund value of more than 24 individual empty beverage 
        containers returned by any 1 person during any 1 day.
            ``(5) Nonparticipating retailers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any retailer doing business within a 
                convenience zone that occupies a space of not less than 
                5,000 square feet in a single area and does not 
                participate in and is not served by a redemption 
                center--
                            ``(i) may refuse to accept and to pay the 
                        refund value of more than 350 individual empty 
                        beverage containers returned by any 1 person 
                        during any 1 day; and
                            ``(ii) shall, beginning on the date on 
                        which the redemption center begins accepting 
                        beverage containers--
                                    ``(I) provide services equivalent 
                                to the services provided by the 
                                redemption center, including hand 
                                counting and drop off service;
                                    ``(II) post in each area where 
                                beverage containers are received a 
                                clearly visible and legible sign that 
                                contains the list of services that 
                                shall be provided by the retailer under 
                                this subparagraph; and
                                    ``(III) provide not less than the 
                                greater of--
                                            ``(aa) 2 automated reverse 
                                        vending machines capable of 
                                        processing metal, plastic, and 
                                        glass beverage containers; and
                                            ``(bb) 1 automated reverse 
                                        vending machine described in 
                                        item (aa) for each 500,000 
                                        beverage containers sold by the 
                                        retailer in the previous 
                                        calendar year.
                    ``(B) Exception.--
                            ``(i) In general.--Subject to clause (ii), 
                        subparagraph (A) shall not apply to a retailer 
                        described in that subparagraph that sold fewer 
                        than 100,000 beverage containers during the 
                        previous calendar year.
                            ``(ii) Submission.--To be eligible for an 
                        exemption under clause (i), a retailer shall 
                        submit to the Administrator an application 
                        describing the number of beverage containers 
                        sold by the retailer during the previous 
                        calendar year.

``SEC. 12003. ACCEPTANCE AND RETRIEVAL REQUIREMENTS.

    ``(a) In General.--Except as provided in subsection (c)--
            ``(1) a retailer or redemption center may not--
                    ``(A) refuse to accept from any person any beverage 
                container described in subsection (b); or
                    ``(B) refuse to pay in cash the refund value of a 
                returned beverage container; and
            ``(2) a distributor may not refuse to retrieve from a 
        retailer or redemption center any beverage container that--
                    ``(A) has been returned to the retailer or 
                redemption center in accordance with this subtitle; and
                    ``(B) is of the category of beverage container, 
                brand of beverage container, and size of beverage 
                container distributed by the distributor.
    ``(b) Beverage Container Requirements.--To be eligible for a refund 
under this subtitle, a beverage container--
            ``(1) in the case of a refund provided by a retailer, shall 
        be the category of beverage sold by the retailer; and
            ``(2) shall not--
                    ``(A) visibly contain or be contaminated by a 
                substance other than water, residue of the original 
                contents, or ordinary dust; or
                    ``(B) be damaged to the extent that the brand 
                appearing on the container cannot be identified.
    ``(c) Refusal.--
            ``(1) In general.--A retailer or redemption center may 
        refuse to accept from a person a beverage container if--
                    ``(A) the retailer or redemption center has 
                reasonable grounds to believe that--
                            ``(i) the beverage container was obtained 
                        from or through a distributor without paying 
                        the refund value; or
                            ``(ii) the beverage container has already 
                        been redeemed, such as through a reverse 
                        vending process; or
                    ``(B) in the case of a retailer that is not within 
                a convenience zone--
                            ``(i) the beverage container exceeds an 
                        applicable limitation described in paragraph 
                        (2); and
                            ``(ii) the retailer posts a clearly visible 
                        and legible sign describing the applicable 
                        limitation described in paragraph (2).
            ``(2) Limitations.--A retailer described in paragraph 
        (1)(B) may refuse to accept under that paragraph--
                    ``(A) more than 144 individual beverage containers 
                returned by any 1 person during any 1 day, if the 
                retailer occupies a space of 5,000 or more square feet 
                in a single area;
                    ``(B) more than 50 individual beverage containers 
                returned by any 1 person during any 1 day, if the 
                retailer occupies a space of less than 5,000 square 
                feet in a single area; or
                    ``(C) a beverage container if the retailer has not 
                offered that category of beverage container for sale 
                within the 180-day period preceding the attempted 
                return.
    ``(d) Notice.--Any requirements established under subsections (b) 
and (c) shall be posted in each area where beverage containers are 
received on a clearly visible and legible sign.
    ``(e) Refund Value.--The refund value for a beverage container 
shall be not less than 10 cents for each beverage container.

``SEC. 12004. ADMINISTRATION.

    ``(a) In General.--The Administrator shall ensure that--
            ``(1) consumers are able to return redeemable beverage 
        containers to retailers or redemption centers; and
            ``(2) redemption centers and retailers are able to return 
        beverage containers to distributors and distributor 
        cooperatives.
    ``(b) Regulations.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this subtitle, the Administrator shall promulgate 
        regulations to carry out this subtitle.
            ``(2) Review required.--In promulgating or revising 
        regulations pursuant to paragraph (1), the Administrator 
        shall--
                    ``(A) review the minimum refund value established 
                under section 12003(e) not less frequently than once 
                every 5 years; and
                    ``(B) revise that value as the Administrator 
                determines to be appropriate.
    ``(c) Accounting.--
            ``(1) In general.--Not later than August 1 of each calendar 
        year, using the beverage container return data provided in 
        section 12002(a)(8), the Administrator shall--
                    ``(A) calculate for the previous calendar year the 
                percentage of beverage containers returned for the 
                refund value specified by material type; and
                    ``(B) post the percentages on the website of the 
                Environmental Protection Agency.
            ``(2) Requirements.--The Administrator shall calculate 
        return data under paragraph (1)--
                    ``(A) for each distributor cooperative;
                    ``(B) for each distributor or importer that does 
                not participate in a distributor cooperative; and
                    ``(C) for all distributors and importers.
    ``(d) Nondisclosure.--
            ``(1) In general.--Except for the percentages described in 
        subsection (c), in a proceeding for a violation of subsection 
        (f), or as provided in paragraph (2), the Administrator may not 
        disclose any information provided by a distributor, an 
        importer, or a distributor cooperative under section 
        12002(a)(8).
            ``(2) Exception.--The Administrator may release aggregate 
        data of information described in paragraph (1) in such a manner 
        that does not reveal the sales of any individual distributor.
    ``(e) Audit.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the Administrator receives a report required under 
        section 12002(a)(8), the Administrator may review or audit the 
        records of, as applicable, each reporting distributor 
        cooperative or each reporting distributor or importer that does 
        not participate in a distributor cooperative.
            ``(2) Independent audit.--If in the course of a review 
        described in paragraph (1) the Administrator determines that an 
        audit of a distributor cooperative, distributor, or importer is 
        necessary, the Administrator shall require the distributor 
        cooperative, distributor, or importer to retain an independent 
        financial audit firm to determine the accuracy of information 
        contained in the report required under section 12002(a)(8).
            ``(3) Costs.--The distributor cooperative, distributor, or 
        importer that is the subject of review under this subsection 
        shall pay the costs of an audit under paragraph (2).
            ``(4) Limitation.--An audit under paragraph (2) shall be 
        limited to the records described in section 12002(a)(8).
    ``(f) Enforcement.--
            ``(1) Prohibition.--It shall be unlawful for any person 
        that is a distributor, distributor cooperative, manufacturer, 
        importer, retailer, or redemption center--
                    ``(A) to sell, use, import into the United States, 
                or distribute any beverage container in commerce except 
                in compliance with this subtitle; or
                    ``(B) to fail to comply with this subtitle.
            ``(2) Civil penalty.--Any person that violates paragraph 
        (1) shall be subject to a fine in the amount of $500 for each 
        violation.
            ``(3) Separate violations.--Each day on which a person 
        violates paragraph (1) shall be considered a separate 
        violation.''.
    (b) Conforming Amendment.--The table of contents of the Solid Waste 
Disposal Act (42 U.S.C. 6901 note) is amended by adding at the end the 
following:

              ``Subtitle K--Beverage Container Collection

``Sec. 12001. Definitions.
``Sec. 12002. Beverage container recovery programs.
``Sec. 12003. Acceptance and retrieval requirements.
``Sec. 12004. Administration.''.
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