Container deposit legislation in the United States

The United States container-deposit legislation is popularly called bottle bills after the Oregon Bottle Bill, the first such legislation passed in the U.S.

Container deposit legislation is requires a refundable deposit on certain types of recyclable beverage containers in order to ensure an increased recycling rate.

There are currently 11 states in the U.S. with container deposit legislation.^[1] Efforts to pass container deposit legislation in the 39 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 corporate 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.

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 100% from 1990-2008 is the highest in the nation, as is the state's $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.^[4] 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.^[5][6]

U.S. states with container deposits

According to 2004 U.S. Census Bureau statistics, approximately 30% of the U.S. population currently reside in states or territories with existing container deposit laws:

• California (5¢; 10¢ for bottles 24 fl oz or greater), California Beverage Container Recycling and Litter Reduction Act (AB 2020) implemented in 1987, last revision made October 2010.^[7] Listed on containers as "California Redemption Value" or "CRV". Beverages covered in the act are beer, malt, wine, distilled spirits and coolers, and all non-alcoholic beverages except milk. Container types are aluminum, glass, plastic, bi-metals (exempts refillables).^[8] The recycling rate for beverage containers of all materials from January 2008 to June 2008 was 85%.^[9]
• Connecticut (5¢), Beverage Container Deposit and Redemption Law 1980; not charged on milk (deposit on water bottles went into effect Oct 1, 2009)^[10] Applies to beer, carbonated soft drinks (including mineral water and soda waters) and non-carbonated beverages (excluding juice and mineral water). Beverage container types include bottles, jars, or cartons made from glass, metal, or plastic bottles.^[11]
• Delaware (5¢), Beverage Container Regulation 1982 [Repealed in 2009]. Included beer, malt, ale, soft drinks, mineral water, soda water, and covered all containers under 2 quarts (with exception of aluminum).^[12] Container deposit legislation was repealed by Senate Bill 234. As of December 1, 2010 consumers no longer paid a deposit on containers, with no refunds will paid after February 1, 2011.^[13]
• Hawaii (5¢), Solid Waste Management Deposit Beverage Container Law (Act 176). Enacted in June 2002. In addition, Hawaii charges a nonrefundable 1¢ fee per container to fund the program. This fee increases to 1.5¢ if the redemption rate reaches 70%.^[14] Containers of aluminum, bi-metal, glass, plastic (PETE and HDPE) up to 68oz. All non-alcoholic beverage (excluding dairy), beer, malt, mixed spirits, and wine.^[15] 76% redemption rate.^[16]
• Iowa (5¢ for containers that held carbonated beverages), Beverage Container Deposit Law 1978. Beverages of beer, wine coolers, wine, liquor, soda, mineral water. Bottles, cans, jars, or cartons made of glass, plastic, or metal.^[17]
• Maine (5¢, also applies to fruit juice and bottled water; 15¢ for some wine bottles), Maine Returnable Beverage Container Law 1978. All beverages except dairy and unprocessed cider. All glass, metal, or plastic containers 4 liters or smaller.^[18]
• Massachusetts (5¢ for containers that held carbonated beverages), Beverage Container Recovery Law enacted in 1982. Beverages include beer, malt, soda, mineral water in jars, cartons, bottles, or cans made of glass, metal, plastic, or a combination.^[19] 72.3% redemption rate.^[20] Expansion of the Massachusetts container law was proposed in 2010 by Gov.Deval Patrick, who included the expansion in his fiscal year 2010 budget to include a nickel deposit on water, juice, energy drink and sport drink containers not covered in the original law.^[21]
• Michigan (10¢ non-refillable, 10¢ refillable) - Michigan Beverage Container Act 1978. For beverages of beer, pop, carbonated and mineral water, wine coolers, canned cocktails. In containers made of metal, glass, paper, or plastic under 1 gallon.^[22] 97% redemption rate. Escheated deposits are divided as: 75% to State Cleanup and Redevelopment Trust Fund, 25% returned to retailers. Redemption limit per person, per day is $25 in deposits.^[23]
• New York (5¢), New York State Returnable Container Law 1982.for containers that held carbonated beverages (including water bottles since Oct 31, 2009)^[24] Beverages include beer, malt, soda, water, wine coolers. Container types are metal, glass, paper, plastic or a combination under 1 gallon. Overall redemption rates are 66%; beer is 76%, soda is 56.6%, wine is 64.7% as of 2007. Redemption limit is 72 containers per person, per day.^[25] As of March 2010, all business which sell beverages in beverages containers for consumption off site and are part of a chain of businesses of 10 or more under common ownership are required to install 3-8 reverse vending machines on their premises depending on square footage of the business.^[26]
• Oregon (5¢), The Beverage Container Act 1972. Beverages covered are beer, malt, soda, and bottled water. Included are bottles, cans, or jars made of glass, metal, or plastic bottles. Redemption Rate is 83%. Redemption limit per person, per day is 144 containers (50 containers for stores less than 5000 square feet).^[27]
• Vermont (5¢; 15¢ for most liquor bottles), Beverage Container Law 1973. Includes beer, malt, soda, mixed wine drinks, liquor. Containers included are bottles, cans, jars, or cartons composed of glass, metal, paper, plastic, or a combination.^[28] Redemption rate is 85%.^[29]

Proposed Bottle Bill Legislation in other states

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 $0.10 for containers 24oz or less, and $0.15 for containers larger than 24oz. Beverages covered would be beer, malt, carbonated soft drinks, mineral water, wine, coffee, tea, juices and flavored and non-carbonated waters (dairy products excluded). Containers made of glass, plastic or aluminum containing a beverage of 4 liters or less would be covered.^[30] The Texas bottle bill did not gather enough votes^[31]

Tennessee has been attempting to pass their own Tennessee Bottle Bill in 2009 and 2010, which is projected to increase the state's current 10 percent recycling rate to 80 percent.

See also

• Recycling in the United States
• Environment of the United States

References

External links

• Map with links to text of U.S. bottle bill laws, LawServer
• California's Bottle Bill
• Tennessee Bottle Bill Project
• Senator Jim Jefford's National Bottle Bill
• Hawaii Dept of Health Bottle Deposit Law Site
• West Virginia Bottle Bill
• Texas Bottle Bill
• Abstract: Congressional Research Service 93-114 ENR. “Bottle Bills and Curbside Recycling: Are They Compatible?”
• Congressional Research Service 93-114 ENR. “Bottle Bills and Curbside Recycling: Are They Compatible?”