2000
<PRE>[DOCID: f:h845ih.txt]






107th CONGRESS
  1st Session
                                H. R. 845

  To amend the Solid Waste Disposal Act to require a refund value for 
 certain beverage containers, to provide resources for State pollution 
       prevention and recycling programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2001

  Ms. Rivers 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, 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 2001''.

SEC. 2. FINDINGS.

    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 on public agencies, private businesses, farmers, and 
        landowners unnecessary costs for the collection and removal of 
        the containers.
            (3) Solid waste resulting from the empty beverage 
        containers constitutes a significant proportion of municipal 
        solid waste and increases the cost and problems of effectively 
        managing the disposal of the waste.
            (4) It is difficult for local communities to raise the 
        necessary capital to sustain affordable curbside recycling 
        programs.
            (5) The reuse and recycling of empty beverage containers 
        would help eliminate unnecessary burdens on individuals, State 
        and local governments, and the environment.
            (6) Making new beverage containers from virgin resources 
        uses more energy than using recycled materials.
            (7) 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 financial incentive in the form of a refund 
        value on the sale of all beverage containers.
            (8) The laws referred to in paragraph (7) 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.
            (9) 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--
                    (A) result in a high level of reuse and recycling 
                of the containers;
                    (B) help reduce the costs associated with solid 
                waste management; and
                    (C) result in significant energy conservation and 
                resource recovery.
            (10) The collection of unclaimed refunds from a national 
        system of beverage container recycling would provide the 
        resources necessary to assist comprehensive reuse and recycling 
        programs throughout the United States.
            (11) Recycling beverage containers creates sustainable 
        business and employment.
            (12) 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. BEVERAGE CONTAINER 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 Recycling

``SEC. 12001. DEFINITIONS.

    ``In this subtitle:
            ``(1) Beverage.--The term `beverage' means beer or other 
        malt beverages, water, juice, juice drinks, tea, coffee, sports 
        drinks, soda water, wine coolers, or carbonated soft drinks of 
        any variety in liquid form intended for human consumption.
            ``(2) Beverage container.--The term `beverage container' 
        means a container--
                    ``(A) constructed of metal, glass, or plastic (or a 
                combination of the materials);
                    ``(B) having a capacity of up to 1 gallon of 
                liquid; and
                    ``(C) that is or has been sealed and used to 
                contain a beverage for sale in interstate commerce.
            ``(3) Beverage distributor.--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) Beverage retailer.--
                    ``(A) In general.--The term `beverage retailer' 
                means a person who--
                            ``(i) purchases from a beverage distributor 
                        beverages in beverage containers for sale to a 
                        consumer; or
                            ``(ii) sells or offers to sell in commerce 
                        beverages in beverage containers to a consumer.
                    ``(B) Beverage vending machines.--The Secretary 
                shall promulgate regulations that define `beverage 
                retailer' for any case in which a beverage in a 
                beverage container is sold to a consumer through a 
                beverage vending machine.
            ``(5) Consumer.--The term `consumer' means a person who 
        purchases a beverage container for any use other than resale.
            ``(6) Refund value.--The term `refund value' means the 
        amount specified as the refund value of a beverage container 
        under section 12002.
            ``(7) Unbroken beverage container.--The term `unbroken 
        beverage container' includes--
                    ``(A) a beverage container opened in a manner in 
                which the container was designed to be opened; and
                    ``(B) a beverage container made of metal or plastic 
                that is compressed if the statement of the amount of 
                the refund value of the container is still readable.
            ``(8) Wine cooler.--The term `wine cooler' means a drink 
        containing less than 7 percent alcohol (by volume)--
                    ``(A) consisting of wine and plain, sparkling, or 
                carbonated water; and
                    ``(B) containing a non-alcoholic beverage, 
                flavoring, coloring material, fruit juice, fruit 
                adjunct, sugar, carbon dioxide, or preservatives (or 
                any combination thereof).

``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.

    ``(a) In General.--Except as 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 (as adjusted under subsection (c)).
    ``(b) Size and Location of Statement.--The Administrator shall 
promulgate regulations establishing uniform standards for the size and 
location of the refund value statement on beverage containers.
    ``(c) Adjustments of Refund Value.--
            ``(1) In general.--The Secretary shall adjust the amount of 
        the ref
2000
und value of the container under subsection (a)--
                    ``(A) on the date that is 10 years after the date 
                of enactment of this subtitle, to reflect changes in 
                the Consumer Price Index for all-urban consumers 
                published by the Department of Labor since the date of 
                enactment of this subtitle; and
                    ``(B) on the date that is 10 years after the 
                initial adjustment made under paragraph (1), and each 
                10 years thereafter, to reflect changes in the Consumer 
                Price Index for all-urban consumers published by the 
                Department of Labor since the most recent adjustment.
            ``(2) Rounding.--The Secretary shall round any adjustment 
        under paragraph (1) to the nearest 5 cent increment.

``SEC. 12003. COLLECTION OF REFUND VALUE.

    ``(a) Collection From Retailers by Distributors.--In the case of 
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.
    ``(b) Collection From Consumers by Retailers.--In the case of 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.
    ``(c) Other Collections.--No person other than a person described 
in subsection (a) or (b) may collect a deposit on a beverage container.

``SEC. 12004. RETURN OF REFUND VALUE.

    ``(a) Payment by Retailer.--If a person tenders for refund an empty 
and unbroken beverage container to a beverage retailer who sells (or 
has sold at any time during the 90-day period ending on the date of 
tender) the same brand of beverage in the same kind and size of 
container, the retailer shall promptly pay the person the amount of the 
refund value stated on the container.
    ``(b) Payment by Distributor.--
            ``(1) In general.--If a person tenders for refund an empty 
        and unbroken beverage container to a beverage distributor who 
        sells (or has sold at any time during the 90-day period ending 
        on the date of tender) the same brand of beverage in the same 
        kind and size of container, the distributor shall promptly pay 
        the person--
                    ``(A) the amount of the refund value stated on the 
                container; plus
                    ``(B) an amount equal to at least 2 cents per 
                container to help defray the cost of handling.
            ``(2) Tendering beverage containers to other persons.--This 
        subsection shall not preclude any person from tendering a 
        beverage container to a person other than a beverage 
        distributor.
    ``(c) Agreements.--
            ``(1) In general.--Nothing in this subtitle precludes an 
        agreement between a distributor, a retailer, or other person to 
        establish a centralized beverage collection center, including a 
        center that acts as an agent of the retailer.
            ``(2) Agreement for crushing or bundling.--Nothing in this 
        subtitle precludes an agreement between a beverage retailer, a 
        beverage distributor, or other person 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.--
            ``(1) Payments to states.--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 the year exceeds the total sum paid during that year by 
        the distributor under section 12004(b) to persons in the State.
            ``(2) Use by states.--The total amount of unclaimed refunds 
        received by any State under this section shall be available to 
        carry out pollution prevention and recycling programs in the 
        State.
    ``(b) Refunds in Excess of Collections.--If the total amount of 
payments made by a beverage distributor for any calendar year under 
section 12004(b) for any  State exceeds the total amount of the refund 
values of all containers sold by the distributor for resale in the 
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 the container.
    ``(b) Post-Redemption Disposal.--No retailer or distributor or 
agent of a retailer or distributor may dispose of any beverage 
container labeled pursuant to section 12002 or any metal, glass, or 
plastic from the beverage container (other than the top or other seal 
of the container) in any landfill or other solid waste disposal 
facility.

``SEC. 12007. EXEMPTED STATES.

    ``(a) In General.--
            ``(1) Exemption.--Sections 12002 through 12005 and sections 
        12008 and 12009 shall not apply in any State that--
                    ``(A) has adopted and implemented requirements 
                applicable to all beverage containers sold in the State 
                if the Administrator determines the requirements to be 
                substantially similar to the requirements of sections 
                12002 through 12005 and sections 12008 and 12009; or
                    ``(B) demonstrates to the Administrator that, for 
                any 1-year period following the date of enactment of 
                this subtitle, the State achieved a recycling or reuse 
                rate for beverage containers of at least 80 percent.
            ``(2) Termination of exemption.--If (following a 
        determination by the Administrator under paragraph (1)(B) that 
        a State has achieved an 80 percent recycling or reuse rate) the 
        Administrator determines that the State has failed, for any 1-
        year period, to maintain at least an 80 percent recycling or 
        reuse rate of beverage containers, the Administrator shall 
        notify the State that, on the expiration of the 90-day period 
        following the notification, sections 12002 through 12005 and 
        sections 12008 and 12009 shall apply with respect to the State 
        until a subsequent determination is made under paragraph (1)(A) 
        or a demonstration is made under paragraph (1)(B).
    ``(b) Determination of Tax.--No State or political subdivision of a 
State that imposes a tax on the sale of any beverage container may 
impose a tax on any amount attributable to the refund value of the 
container.
    ``(c) Effect on Other Laws.--Nothing in this subtitle affects the 
authority of any State or political subdivision of a State--
            ``(1) to enact or enforce (or continue in effect) any law 
        concerning a refund value on containers other than beverage 
        containers; or
            ``(2) to regulate redemption and other centers that 
        purchase empty beverage containers from beverage retailers, 
        consumers, or other persons.

``SEC. 12008. PENALTIES.

    ``(a) In General.--A person who violates section 12002, 12003, 
12004, or 12006 shall be subject to a civil penalty of not more than 
$1,000 for each violation.
    ``(b) Accounting for Unclaimed Refunds and Provisions for State 
Recycling Funds.--A person who violates section 12005 shall be subject 
to a civil penalty of not more than $10,000 for each violation.

``SEC. 12009. REGULATIONS.

    ``Not later than 1 year after the date of enactment
40f
 of this 
subtitle, the Administrator shall promulgate regulations to carry out 
this subtitle.

``SEC. 12010. EFFECTIVE DATE.

    ``Except as provided in section 12009, this subtitle takes effect 
on the date that is 2 years after the date of enactment of this 
subtitle.''.
    (b) Table of Contents.--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 Recycling

``Sec. 12001. Definitions.
``Sec. 12002. Required beverage container labeling.
``Sec. 12003. Collection 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. Penalties.
``Sec. 12009. Regulations.
``Sec. 12010. Effective date.''.
                                 &lt;all&gt;

0