National Bottle Bill Language

S 1867
108th CONGRESS
1st Session
S. 1867
To amend the Solid Waste Disposal Act to encourage greater recycling of certain beverage containers through the use of deposit refund incentives.
IN THE SENATE OF THE UNITED STATES
November 14 (legislative day, NOVEMBER 12), 2003
Mr. JEFFORDS (for himself, Mr. LEAHY, Mr. KERRY, Mr. LIEBERMAN, and Mr. AKAKA) 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 encourage greater recycling of certain beverage containers through the use of deposit refund incentives.
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 Producer Responsibility Act of 2003'.
SEC. 2. FINDINGS.
Congress finds that--
(1) the beverage industry has an established and effective marketing infrastructure that provides a wide range of beverage products at affordable prices to consumers in the United States;
(2) the absence of a beverage industry infrastructure for recovering used beverage containers has--
(A) placed undue burdens on local waste authorities and, in turn, taxpayers;
(B) failed to provide any incentive for the beverage industry to reduce waste by taking responsibility for collecting, recycling, and reusing beverage containers; and
(C) resulted in tens of billions of unrecycled beverage containers per year, including 120,000,000,000 unrecycled beverage containers in 2001;
(3) 11 States have enacted laws designed to protect the environment, conserve energy and material resources, and reduce waste by requiring--
(A) beverage consumers to pay a deposit on the purchase of beverage containers; and
(B) the beverage industry to pay a refund on used beverage containers that are returned for reuse and recycling;
(4) those laws, based on deposit systems originally devised by the beverage industry to recover used bottles, have been shown to be the most effective and sustainable means for achieving high rates of beverage container reuse and recycling, especially the increasing proportion of beverages consumed away from the home;
(5) increasing exiting rates of reuse and recycling of beverage containers to 80 percent would--
(A) save the equivalent of approximately 300,000,000 barrels of oil in the next decade, in addition to the quantity of oil that is already being saved through existing recycling efforts;
(B) reduce greenhouse gas emissions by more than 4,000,000 tons annually, in addition to the 4,000,000 tons of emissions already being avoided through current recycling efforts;
(C) save an additional energy equivalent of 25,000,000 barrels of crude oil each year, which is enough to meet the total residential energy needs of 1,500,000 households in the United States for a year; and
(D) dramatically reduce, by as much as 84 percent, road side litter of beverage containers in States that do not have in effect a law regulating the recycling of beverage containers;
(6) a beverage container reuse and recycling system designed by brand owners could--
(A) be seamlessly integrated with the national and regional marketing systems of the brand owners;
(B) maximize recycling efficiency; and
(C) minimize costs of compliance with a patchwork of State recycling programs; and
(7) a national system of beverage container reuse and recycling is consistent with the intent of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the goals established by the Administrator of the Environmental Protection Agency, including the national goal of 35 percent source reduction and recycling by 2005.
SEC. 3. BEVERAGE CONTAINER REUSE AND 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 Reuse and Recycling
SEC. 12001. DEFINITIONS.
In this subtitle:
(1) BEVERAGE-
(A) IN GENERAL- The term beverage' means a nonalcoholic or alcoholic carbonated or noncarbonated liquid that is intended for human consumption.
(B) EXCLUSIONS- The term beverage' does not include milk or any other dairy or dairy-derived product.
(2) BEVERAGE CONTAINER- The term beverage container' means a container that--
(A) is constructed primarily of metal, glass, plastic, or paper (or a combination of those materials);
(B) has a capacity of not more than 1 gallon of liquid; and
(C) on or after the date of enactment of this subtitle--
(i) may contain or contains a beverage; and
(ii) is offered for sale or sold in interstate commerce.
(3) BRAND OWNER- The term brand owner' means a person that manufactures or imports for resale in interstate commerce a beverage sold in a beverage container.
(4) MANAGEMENT PLAN- The term management plan' means a management plan submitted under section 12004.
(5) REDEMPTION RATE- The term redemption rate' means the percentage obtained by dividing--
(A) the number of beverage containers of a brand owner returned for a refund under section 12005(b)(2) in a calendar year; by
(B) the number of beverage containers of the brand owner for which a deposit was collected under section 12005(a)(1) in the calendar year.
(6) REFUND VALUE- The term refund value' means the refund value of a beverage container determined in accordance with section 12006.
(7) RETURN SITE- The term return site' means an operation, facility, or retail store, or an association of operations, facilities, or retail stores, that--
(A) is identified in an approved management plan; and
(B) is operating under contract entered into by the return site and a brand owner to collect and redeem empty beverage containers.
(8) SELLER-
(A) IN GENERAL- The term seller' means a person that sells a beverage in a beverage container.
(B) INCLUSIONS- The term seller' includes all members of the supply chain.
(9) UNBROKEN BEVERAGE CONTAINER- The term unbroken beverage container' includes a beverage container that has been opened in a manner in which the beverage container was designed to be opened.
SEC. 12002. RESPONSIBILITIES OF BRAND OWNERS.
(a) IN GENERAL- Each brand owner shall implement an effective redemption, transportation, processing, marketing, and reporting system for the reuse and recycling of used beverage containers of the brand owner.
(b) PROHIBITION OF POST-REDEMPTION LANDFILLING OR INCINERATION- No brand owner or beverage container agency shall dispose of any beverage container labeled in accordance with section 12003 in any landfill or other solid waste disposal facility.
SEC. 12003. BEVERAGE CONTAINER LABELING.
(a) IN GENERAL- No brand owner may sell or offer for sale in interstate commerce a beverage in a beverage container unless a statement of the refund value of the beverage container is clearly, prominently, and securely affixed to, printed on, or embossed on the beverage container.
(b) SIZE AND LOCATION OF REFUND VALUE STATEMENT- The Administrator shall promulgate regulations establishing uniform standards for the size and appropriate location on beverage containers of the refund value statement required under subsection (a).
SEC. 12004. MANAGEMENT PLANS.
(a) SUBMISSION OF PLANS- Not later than 180 days after the date of enactment of this subtitle, each brand owner shall submit to the Administrator--
(1) a management plan, in such form as the Administrator may prescribe, for the collection, transport, reuse, and recycling of beverage containers that the brand owner sells into interstate commerce; and
(2) a fee, in such amount as the Administrator may establish by regulation, to cover administrative costs relating to administration of the management plan.
(b) CONTENTS OF PLAN- A management plan submitted under this section shall--
(1) include--
(A) the name, and address for service of process, of the brand owner submitting the management plan;
(B) the name and title of a contact person at the brand owner;
(C) the name and corporate address of each brand owner covered by the management plan; and
(D) the brand name of each beverage covered by the management plan;
(2) provide--
(A) a proposed implementation date for the management plan; and
(B) appropriate documentation of such agreements entered into by the beverage container agency and return site operators as will take effect as of the date of implementation of the management plan; and
(3) include a description of--
(A) the ways in which the beverage container agency intends to make the use of return sites convenient for consumers of beverages covered by the management plan in all areas of interstate commerce;
(B) the ways in which the beverage container agency intends to achieve, not later than 2 years after the date of implementation of the management plan, a recovery rate of at least 80 percent; and
(C) the ways in which the beverage container agency will manage beverage containers returned under the management plan in an environmentally responsible manner.
(c) CHANGES IN INFORMATION- Each beverage container agency that submits a management plan under this section shall promptly notify the Administrator, in writing, of any change in the information provided under subsection (b)(1).
(d) APPROVAL OF MANAGEMENT PLANS-
(1) IN GENERAL- The Administrator shall approve or disapprove each management plan submitted under this section.
(2) DETERMINATION- In determining whether to approve or disapprove a management plan, the Administrator may return the management plan to the beverage container agency--
(A) with a request for additional information; or
(B) for amendment.
(3) DISAPPROVAL- If the Administrator disapproves a management plan, the Administrator shall, not later than 60 days after the date of disapproval, provide to the beverage container agency that submitted the management plan a written explanation of the reasons for disapproval.
(e) IMPLEMENTATION OF MANAGEMENT PLANS-
(1) IN GENERAL- A brand owner that, on or before the date of enactment of this subtitle, is selling in interstate commerce a beverage in a beverage container, shall--
(A) upon submission of the management plan, implement the management plan in accordance with the implementation date proposed by the brand owner under subsection (b)(2)(A).
(B) upon approval of the management plan by the Administrator, implement the management plan as approved under subsection (d).
(2) NEW BRAND OWNERS- A brand owner that proposes, after the date of enactment of this subtitle, to sell in interstate commerce a beverage in a beverage container shall--
(A) have, as of the date on which the brand owner commences the selling of the beverage, a management plan that has been approved by the Administrator; and
(B) implement the management plan in accordance with the implementation date proposed in the management plan under subsection (b)(2)(A).
(3) PROHIBITION- No brand owner shall sell in interstate commerce any beverage in a beverage container--
(A) except as in accordance with paragraph (1) or (2), as appropriate; or
(B) on or after the implementation date proposed in a management plan of the brand owner under subsection (b)(2)(A), if the Administrator has not approved the management plan.
(f) REPORT-
(1) IN GENERAL- Each beverage container agency the management plan of which is approved and implemented under this section shall, not later than March 31 of each year after the implementation date of the management plan, submit to the Administrator a report that describes the effectiveness of the management plan during the preceding calendar year.
(2) INFORMATION- The report shall include--
(A) for each type of beverage container returned, the recovery rate--
(i) expressed as a percentage; and
(ii) audited by an entity independent of the brand owner; and
(B) annual financial statements, prepared by an entity independent of the beverage container agency, of all deposits received and refunds paid by each brand owner subject to the management plan.
(3) PUBLIC AVAILABILITY- The Administrator shall make available to the public the information described in paragraph (2).
SEC. 12005. DEPOSIT AND REFUND.
(a) DEPOSIT-
(1) IN GENERAL- On and after the implementation date of any approved management plan to which a seller is subject, the seller shall collect from each purchaser of a beverage in a beverage container, at the time of sale, a deposit in an amount that is not more than the refund value of the beverage container.
(2) DOCUMENTATION- A deposit collected under paragraph (1) shall be indicated on the receipt of the purchaser, if a receipt is given for the purchase.
(3) EXCEPTION- This subsection shall not apply to a case in which a beverage in a beverage container is sold for consumption, and is consumed, on the premises of the seller.
(b) REFUND- On and after the implementation date of an approved management plan, a beverage container return site covered by the management plan shall--
(1) accept unbroken beverage containers for return; and
(2) pay to a person returning beverage containers an amount, in cash or in the form of a voucher redeemable for cash on demand, that is equal to the total of the refund values affixed to, printed on, or embossed on, each container returned by the person.
(c) ACCEPTABLE BEVERAGE CONTAINERS- A return site shall not be required to accept or pay a refund for a beverage container under this section if, as determined by the return site, the beverage container--
(1) is contaminated or, for hygienic reasons, is unsuitable for recycling;
(2) can be reasonably identified as a container that was purchased outside the United States; or
(3) cannot be reasonably identified as a container to which this subtitle applies.
SEC. 12006. REFUND VALUE.
(a) IN GENERAL- The refund value of a beverage container shall be the greater of--
(1) 10 cents; or
(2) an adjusted value determined under subsection (b).
(b) ADJUSTMENT- The Administrator shall--
(1) adjust the amount of the refund value of a beverage container under subsection (a) on the date that is 10 years after the date of enactment of this subtitle, and every 10 years thereafter, to reflect changes during those 10-year periods in the Consumer Price Index for all urban consumers published by the Department of Labor; and
(2) round any adjustment under paragraph (1) to the nearest 5-cent increment.
SEC. 12007. REDEMPTION RATES.
(a) IN GENERAL- Except as provided in subsections (b) and (c), in a case in which a brand owner complies with each provision of this subtitle, but fails to achieve a redemption rate of at least 80 percent for beverage containers of the brand owner during a calendar year, the Administrator may require that the brand owner pay to each State an amount equal to the difference between--
(1) the amount of deposits collected on beverage containers of the brand owner that were sold in the State; and
(2) the amount of refunds paid on those beverage containers.
(b) REUSE RATE ADJUSTMENT- The minimum recovery rate required to be achieved by a brand owner under subsection (a) shall be reduced by 1 percentage point for each percentage point increase in the use by the brand owner of refillable beverage containers.
SEC. 12008. OTHER MANAGEMENT REQUIREMENTS.
(a) DISPUTES- If a dispute arises under this subtitle between, and cannot be resolved by, a brand owner and a return site, the beverage container agency or the return site shall refer the matter to binding arbitration.
(b) CONFIDENTIALITY-
(1) IN GENERAL- Except as provided in paragraph (2), each person acting under the authority of this subtitle shall keep confidential all facts, information, and records obtained or provided under this subtitle.
(2) EXCEPTION- Paragraph (1) shall not apply in a case in which public duty requires, or any regulation promulgated by the Administrator under this subtitle permits, the disclosure of any facts, information, or records described in that paragraph.
SEC. 12009. REPORT BY ADMINISTRATOR.
Not later than October 31, 2005, and annually thereafter, the Administrator shall submit to Congress a report that describes--
(1) the recovery rate for beverage containers during the year covered by the report; and
(2) the extent to which beverage container collection is proceeding in accordance with this subtitle.
SEC. 12010. RETENTION OF STATE AUTHORITY.
Nothing in this subtitle prohibits any State or political subdivision from imposing any requirement that is not inconsistent with this subtitle.
SEC. 12011. PENALTIES.
Notwithstanding any other provision of this Act--
(1) a person that violates any provision of this subtitle (other than section 12004(f)) shall be subject to a civil penalty of not more than $1,000 for each violation; and
(2) a person that violates section 12004(f) shall be subject to a civil penalty of not more than $10,000 for each violation.'.
(b) CONFORMING AMENDMENT- 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 Reuse and Recycling
Sec. 12001. Definitions.
Sec. 12002. Responsibilities of brand owners.
Sec. 12003. Beverage container labeling.
Sec. 12004. Management plans.
Sec. 12005. Deposit and refund.
Sec. 12006. Refund value.
Sec. 12007. Redemption rates.
Sec. 12008. Other management requirements.
Sec. 12009. Report by Administrator.
Sec. 12010. Retention of State authority.
Sec. 12011. Penalties.'.
END