Introduced State Legislation
Colorado
Introduced in 2004, HB
1275 creates a return / deposit beverage container program
which requires consumers to pay 10-cent deposits on containers,
beginning on or before January 1, 2006. It requires a retailer
to redeem deposits unless the retailer is located within
2 miles of a redemption center in a highly populated area;
is located in a rural area; sells refundable containers
through vending machines only; or, has less than 5,000 square
feet of retail space.
West Virginia
Introduced in 2004, SB
293 adds returnable containers for soft drinks, soda
water, carbonated natural or mineral water or other nonalcoholic
carbonated drinks; beer, ale, or other malt drinks of any
alcoholic content; and, for certain other beverage containers
to the bottle bill. It also provides for the use of unredeemed
bottle deposits.
Existing State Law
California
In 1986, California enacted its bottle bill, the California
Beverage Container Recycling and Litter Reduction Act
(AB 2020). The bill requires a 2.5-cent deposit on bottles
less than 24 oz. and a 5-cent deposit on bottles over 24
oz. A unique feature of California’s bottle bill is
that bottles are returned to redemption centers instead
of beverage retailers. Also, unclaimed deposits are used
to support the recycling infrastructure. Since enactment
of the bottle bill, California has seen drastic improvements
in litter reduction and recycling rates.
Connecticut
Connecticut’s bottle bill, the Beverage Container
Deposit and Redemption Law, was enacted in 1980. The bill
requires a minimum deposit of 5 cents on deposit beverage
containers. Bottles can be returned to redemption centers
and to beverage retailers. Under the law, any unclaimed
deposits are retained by beverage distributors and bottlers.
Since enactment of the bottle bill, Connecticut has seen
substantial reductions, from 50%-85%, of beverage bottle
litter.
For more information about Connecticut’s bottle bill,
see Title
22a, Chapter 446d of the General Statutes of Connecticut
or visit the Bureau
of Waste Management of the Connecticut Department of
Environmental Protection.
Delaware
In 1982, Delaware adopted the Litter Control Act / Beverage
Container Regulation. The law requires a 5-cent deposit
on deposit beverage containers. A unique feature of Delaware’s
bottle bill is that it exempts aluminum cans, which account
for 50% of all beverages sold, from the deposit. For this
reason, it is known as the “half bottle bill.”
As a result of this exemption, Delaware has not seen results
as substantial as states with “whole bottle bills.”
For more information regarding Delaware’s bottle
bill, visit the Solid
& Hazardous Waste Management Branch of the Delaware
Department of Natural Resources and Environmental Control.
Hawaii
Hawaii’s bottle bill, the Solid Waste Management;
Deposit Beverage Container Law, was passed in 2002. The
law requires a 5-cent deposit on all deposit beverage containers.
Bottles can be returned to redemption centers or beverage
retailers. Unclaimed deposits are used to support Hawaii’s
recycling infrastructure. A unique feature of Hawaii’s
bottle bill is that beverage distributors pay a 1- to 1.5-cent
fee per container. The fee is used to help fund the redemption
centers.
For more information on Hawaii’s bottle bill, visit
the Solid
and Hazardous Waste Branch of the Hawaii Department
of Health.
Iowa
In 1978, Iowa passed the Beverage
Container Deposit Law, and became the fifth state to
enact a beverage container deposit law and the first to
include wine and liquor bottles. Following the lead of Vermont
and Maine, Iowa included a handling fee provision that compensates
retailers for the cost of handling empty deposit containers
and encourages the creation of redemption centers. Retailers
are given the option of refusing to accept deposit containers
if a state-approved redemption center is within close proximity
of the retailer, but few retailers exercise this option.
Maine
In 1976, Maine enacted the Returnable Beverage Container
Law. Maine was the first state to expand its deposit law
to include juices, juice drinks, teas, sports drinks, and
bottled waters. The law was expanded in 1989, after a brief
campaign led by the Natural Resources Council of Maine and
supported by Governor John McKernan. The expansion, implemented
in 1990, covers “new age” drinks as well as
wine and liquor containers.
For more information regarding Maine’s bottle bill,
see the Bottle
Redemption Laws & Rules at the Maine Department
of Agriculture, Food, and Rural Resources.
Massachusetts
Massachusetts passed its bottle bill, the Beverage Container
Recovery Law, in 1981. The law requires a 5-cent deposit
on deposit beverage containers. Along with redemption centers,
all major supermarkets provide reverse vending machines
for bottle redemption. A unique feature of Massachusetts’
law is that it includes a escheat amendment, which makes
all unclaimed deposits property of the state. The unclaimed
deposits all go directly to the state’s Clean Environment
Fund (CEF).
In order to adapt to the rise of non-carbonated beverage
sales, state senators in Boston are debating a plan to expand
the state’s bottle bill to include such beverages.
The plan would require a deposit on non-carbonated beverages
such as juices, bottled water, and sports drinks, all of
which are currently not required to have a deposit under
the law.
For more information about Massachusetts’ bottle
bill, see the Massachusetts Department of Environmental
Protection’s recycling
regulations and policies.
Michigan
In 1976, Michigan adopted the Beverage Container Act –
a beverage container deposit law that has the distinction
of being the first enacted in an industrial state, and the
first to set the deposit value at 10 cents. Voters in Michigan
approved the bottle bill by referendum on the same day,
November 2, 1976, that Mainers voted their bill into law.
The Michigan bottle bill enjoys widespread public support,
and the high refund value has virtually eliminated beverage
container litter.
For more information on Michigan’s bottle bill, see
Chapter
445, Initiated Law of 1976 of the Michigan Compiled
Laws.
New York
Twenty years ago, in 1983, New York passed its first bottle
bill, the New York State Returnable Container Act. The law
requires a minimum 5-cent deposit on deposit beverage containers.
Deposit beverage containers can be redeemed at redemption
centers or beverage retailers.
Although the bottle bill has been a great success, it needs
to be brought up to date. Assemblyman Thomas P. DiNapoli
and Senator Kenneth La Valle have sponsored a new bill,
A 3922/S 1696, which would amend New York’s bottle
bill in two significant ways. First, it would add deposits
on non-carbonated beverages such as bottled water, teas,
and sports and juice drinks. Deposits on such beverages
already exist in California, Maine, and Hawaii. Secondly,
the new bill will require all unclaimed deposits to be deposited
in the state’s Environmental Protection Fund to help
support municipal recycling and waste prevention programs.
For more information about New York’s bottle bill,
visit the New York State Department of Environmental Conservation’s
Returnable
Container Act (RCA) web page.
Oregon
In 1971, Oregon enacted the nation’s first bottle
bill, the Beverage Container Act. The original purpose of
the bill was to reduce litter and increase recycling. The
law requires a 5-cent deposit on deposit beverage containers.
A unique feature of Oregon’s bottle bill is that it
does not require a handling fee for beverage distributors
and retailers.
For more information regarding Oregon’s bottle bill,
visit the Department of Environmental Quality’s Solid
Waste Policy and Program Development Section.
Vermont
Vermont passed the nation’s first beverage container
law in 1953, banning the sale of beer in non-refillable
bottles. The Legislature allowed the law to expire four
years later, after strong lobbying from the beer industry.
Vermont’s current bottle bill, the Beverage Container
Law, was passed in 1972, and was the second enacted in the
U.S. The original law covered all beer and soda containers
and was the first to include a handling fee for retailers.
The handling fee was originally 20 percent of the deposit
value but, in 1990, it was increased to 3 cents per container.
Vermont’s high handling fee has created a large number
of redemption centers across the state, making redemption
extremely convenient.
For more information on Vermont’s bottle bill, see
Title
10, Chapter 53 of the Vermont Statutes.
Introduced Federal Legislation
The National
Beverage Container Reuse and Recycling Act was introduced
in 2001 by U.S. Senator Jim Jeffords (I-VT) and Representative
Lynn Rivers (D-MI). Under the bill, consumers would receive
a ten-cent refund when they return beverage containers to
the point of sale. The bill would apply to glass, plastic,
and metal beverage containers up to one gallon in capacity
– including containers containing wine coolers, sparkling
beverages, water, juice, beer, and soft drinks.
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