Container deposit legislation in the United States

Deposit notice on a bottle sold in continental U.S. indicating the container's deposit value in various states; "CA CRV" means California Redemption Value

There are currently 10 states in the United States with container deposit legislation, popularly called "bottle bills" after the Oregon Bottle Bill, the first such legislation that was passed.[1] Efforts to pass container deposit legislation in states that do not have them are often politically contentious. The U.S. beverage container industry—including both the bottlers of water, soda, beer, and the owners of grocery stores, and convenience stores—often spends large amounts of money in the United States lobbying against the introduction of both new and amended beverage container deposit legislation.

Container deposit legislation (CDL) requires a refundable deposit on certain types of recyclable beverage containers in order to ensure an increased recycling rate. Studies show that beverage container legislation has reduced total roadside litter by between 30% and 64% in the states with bottle bills.[2]

Studies also show that the recycling rate for beverage containers is vastly increased with a bottle bill. The United States’ overall beverage container recycling rate is approximately 33%, while states with container deposit laws have a 70% average rate of beverage container recycling. Michigan’s recycling rate of 97% from 1990 to 2008 was the highest in the nation, as is its $0.10 deposit.[3]

Proponents of container deposit legislation have pointed to the small financial responsibilities of the states. Financing these programs are the responsibility of the beverage industry and consumers.[3] Producers are responsible for disposing of returned products, while consumers are responsible for collecting their refunds.

In Connecticut, Maine, Michigan, and Massachusetts the courts have ruled that unclaimed deposits are deemed abandoned by the public and are therefore property of the state. These states use these monies to fund other environmental programs. In California and Hawaii uncollected deposits are used to cover the administrative costs of the deposit program.[3][4]

States with container deposits

Repealed legislation

Delaware now has a non-refundable 4¢ tax per beverage container sold, which retailers must remit to the state monthly.[29]

Washington State Latter 1970's (5¢) aluminum can and (10¢) glass bottle return voted for and unanimously passed. Before implementation, state lawmakers repealed the law stating publicly that Washington State voters did not know what they had voted for. Mostly due to lobbying by large recycling companies not wanting to lose profits.

Proposed legislation

Texas unsuccessfully attempted to introduce a bottle bill into legislation in 2011. The bill set a redemption goal of 75%, with a deposit rate of 10¢ for containers 24 U.S. fl oz (710 mL) or less, and 15¢ for larger containers. Beverages covered would have been: beer, malt, carbonated soft drinks, mineral water, wine, coffee, tea, juices, flavored waters, and non-carbonated waters (dairy products excluded). Containers made of glass, plastic or aluminum containing a beverage of 4 L (1.1 U.S. gal) or less would have been covered.[30] The Texas bottle bill did not gather enough votes.[31]

Tennessee had attempted to pass the Tennessee Bottle Bill in 2009 and 2010, which was projected to increase its recycling rate from 10% to 80%.

The Massachusetts legislature failed over several sessions to expand its bottle law to cover bottled water and sports drinks in line with its New England neighbors. Massachusetts environmental activists attempted a ballot petition in November, 2014. The bill failed 27% to 73%.[32] The beverage industry funded over 80% of a more than $9 million campaign, which outspent environmental groups by a margin of more than 6 to 1. The anti-bottle bill ads presented statistics that were shown to be false.[33]

See also

References

  1. Wasting and Recycling Trends: Conclusions from CRI’s 2008 Beverage Market Data Analysis, Page 4
  2. "BottleBill.org - Bottle Bills Prevent Litter". Retrieved 27 January 2016.
  3. 1 2 3 Gitlitz, Jenny & Franklin, Pat. (2006) Container Recycling Institute. The 10 Cent Incentive to Recycle”
  4. State of Connecticut, Department of Environmental Protection Bottle Bill FAQ
  5. California Beverage Container Recycling & Litter Reduction Act
  6. California’s Beverage Container Recycling & Litter Reduction Program FACT SHEET
  7. "Notice: Biannual Report of Beverage Container Sales, Returns, Redemption, and Recycling Rates". Retrieved 27 January 2016.
  8. "BottleBill.org - The Connecticut Campaign". Retrieved 27 January 2016.
  9. "BottleBill.org - The CT bottle bill". Retrieved 27 January 2016.
  10. "House Bill". Capitol.hawaii.gov. Retrieved 2012-06-12.
  11. Hawaii Administrative Rules, Title 11, Department of Health, Chapter 282, Deposit Beverage Container Recycling
  12. REPORT TO THE TWENTY-FIFTH LEGISLATURE STATE OF HAWAII 2010 DEPOSIT BEVERAGE CONTAINER PROGRAM
  13. Iowa Department of Natural Resources Waste Management: The Deposit Law
  14. "Table of Contents for Chapter 28: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS". Retrieved 27 January 2016.
  15. DEP. "Site Help - MassDEP". Energy and Environmental Affairs. Retrieved 27 January 2016.
  16. "BottleBill.org - The Massachusetts Deposit Law". Retrieved 27 January 2016.
  17. DEP. "Site Help - MassDEP". Energy and Environmental Affairs. Retrieved 27 January 2016.
  18. "Michigan Legislature". Retrieved 27 January 2016.
  19. MICHIGAN BOTTLE DEPOSIT LAW FREQUENTLY ASKED QUESTIONS
  20. "New York's Bottle Bill". Retrieved 27 January 2016.
  21. Defined as a beverage containing wine with added juice, flavoring, water, citric acid, sugar and carbon dioxide, not containing more than six percent alcohol by volume (typically referred to as "wine coolers"). http://www.sla.ny.gov/definition-of-license-classes
  22. New York State Department of Environmental Conservation Division of Solid & Hazardous Materials BEVERAGE CONTAINER DEPOSIT AND REDEMPTION STATISTICS As Reported For The Period October 1, 2006 - September 30, 2007
  23. NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW ARTICLE 27— COLLECTION, TREATMENT AND DISPOSAL OF REFUSE AND OTHER SOLID WASTE
  24. State of Oregon Department of Environmental Quality The Expanded Bottle Bill 2007 Legislation Added Water Bottles, Created Task Force
  25. "Vermont Statutes Online". Retrieved 27 January 2016.
  26. "Bottlebill.org - Vermont bottle bill history". Retrieved 27 January 2016.
  27. "BottleBill.org - The Delaware Deposit Law". Retrieved 27 January 2016.
  28. DELAWARE STATE SENATE 145th GENERAL ASSEMBLY SENATE BILL NO. 234
  29. "Retail Beverage Container License and Recycling Fee". State of Delaware. Retrieved 28 January 2015.
  30. Texas Bottle Bill 2011
  31. "Bill: SB 635 - 2nd Reading Amendment 6". Texas Legislature Online. May 25, 2011.
  32. "Ballot questions, 2 - Expand bottle bill, Mass.". The Boston Globe. Retrieved 3 December 2014.
  33. Abel, David (November 4, 2014). "Bid to expand Mass. bottle law soundly rejected". The Boston Globe. Retrieved 3 December 2014.

External links

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