article: SECTION 1. SHORT TITLE. This Act may be cited as the ``National Beverage Container Recycling Initiative Act''. 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 initiate comprehensive recycling programs. (5) The reuse and recycling of empty beverage containers would help eliminate unnecessary burdens on individuals, local governments, and the environment. (6) 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 refund value on the sale of all beverage containers. (7) The laws referred to in paragraph (6) have proven inexpensive for government 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. (8) 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; and (B) help reduce the costs associated with solid waste management. (9) A national system for requiring a refund value on the sale of all beverage containers would result in significant energy conservation and resource recovery. (10) The reuse and recycling of empty beverage containers would eliminate unnecessary waste management burdens on the Federal Government, State and local governments, and the environment. (11) 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. (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.). (13) This Act is consistent with the goals established by the Administrator of the Environmental Protection Agency during June 1996 that include a national goal of 35 percent source reduction and recycling by 2005, coupled with a reduction in per capita waste generation. 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, ale, or other drink produced by fermenting malt, spirits, wine, wine coolers, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for human consumption except for milk and dairy-derived products. ``(2) Beverage container.--The term `beverage container' means a bottle, can, jar, or other container made of glass, metal, or plastic which has been sealed by a manufacturer and which, at the time of sale, contains 4 liters or less of a beverage. ``(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 Administrator 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 8 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, preservatives, or any other natural or artificial blending materials (or any combination thereof). ``(9) Spirits.--The term `spirits' means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of distilled spirits of any kind. The term includes fortified wine. ``(10) Wine.--The term `wine' means any liquor containing not more than 15.5 percent alcohol by volume which is produced by the fermentation of fruit or other agricultural products containing sugar and to which no spirits are added. The term includes table wine, still wine, sparkling wine, and champagne, if the alcohol content is not above 15.5 percent by volume. ``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-- ``(1) in the case of wine and spirit containers, 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 15 cents (as adjusted under subsection (c)); and ``(2) in the case of all other containers, 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 5 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 Administrator shall adjust the amount of the refund 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 Administrator 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 or redemption center 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.-- ``(1) In general.--If a person, other than a beverage distributor or beverage retailer, tenders for refund an empty, unbroken, and reasonably clean 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. ``(2) Limitations.--(A) A retailer may limit the total number of beverage containers which the retailer will accept from any one consumer or other person in any one business day to 240 containers, or any other number greater than 240. ``(B) A retailer may refuse to accept beverage containers during no more than 8 hours in any one business day. If a retailer refuses to accept beverage containers under this subsection, the hours during which the retailer would accept containers shall be conspicuously posted. ``(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 container 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) Exemption.--Sections 12002 through 12005 and sections 12008 and 12009 shall not apply in any State that 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. ``(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 person who violates section 12002, 12003, 12004, or 12006 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 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.''.
summary: National Beverage Container Recycling Initiative Act - Amends the Solid Waste Disposal Act to prohibit the sale of beer, ale, or other drinks produced by fermenting malt, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form (except for dairy products) in beverage containers by retailers and distributors unless such containers carry a refund value of five cents. Bars sales of wine and spirits unless their beverage containers carry a refund value of 15 cents. Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires: (1) distributors to collect from retailers or redemption centers the refund value for each beverage sold to retailers; and (2) retailers to collect from consumers the refund value for each beverage sold to consumers. Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold. Authorizes retailers to limit the daily amount of containers accepted from any one person. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in that State). Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements substantially similar to those under this Act. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Prescribes civil penalties for violations of this Act.