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Container and Packaging Recycling Update - Volume XV No. 1 - Spring 2007

State Updates

New York: 600 groups and businesses seek Bigger Better Bottle Bill

ALBANY —This year marks the 25 th anniversary of New York State's original deposit law for carbonated soft drinks and beer, and presents another opportunity to update the law to include non-carbonated beverages. In his first year as Governor, Eliot Spitzer introduced the "Bigger Better Bottle Bill" (BBBB) as part of his executive budget, the first time the bill was included in the budget process. Gov. Spitzer also proposed requiring beverage companies to transfer unclaimed bottle deposits to the state's Environmental Protection Fund. 

Unfortunately, the New York legislature, as a result of Senate Majority Leader Joe Bruno's continued opposition, removed the BBBB from the final budget. The Senate has once again proved to be the roadblock, though Sen. Carl Marcellino, Chair of the Environmental Conservation Committee, did commit to working on the issue after the budget process. Sen. Kenneth LaValle reintroduced the BBBB (SB3434) within the Senate and supporters expect the Assembly to follow suit.

Despite the setback, there continues to be a persistent spirit among supporters. On February 27 th, over 150 enthusiastic New Yorkers gathered in Albany for a BBBB Lobby Day. The now over 600 supporting groups, businesses, and local officials continue to press lawmakers to update the state’s most effective litter prevention and recycling law.

Dozens of editorials and op-eds across the state have endorsed the Bigger Better Bottle Bill including The New York Times, Albany Times Union, and Newsday. Supporters remain optimistic that by the end of the 2007 legislative session the BBBB will become law.

Mike Behrmann is an Environmental Advocate with New York Public Interest Research Group (NYPIRG)
mjbehrmann@gmail.com


Oregon : Oldest U.S. bottle bill may get needed update

SALEM —On the 35 th anniversary of the enactment of the nation’s oldest bottle bill, the Oregon legislature is considering updating the law to include bottled water. The chief house sponsor of the bill, Rep. Vicki Burger (R-Salem) says, “We aren't drinking the same beverages in the same containers as 35 years ago. That's why it's time to make the adjustment." Berger is the daughter of the sponsor of the original bottle bill.

On April 6th, SB 707 was voted out of the Senate Environment and Natural Resources Committee 4-2.  Committee Chair Brad Avakian, D-Portland, chaired a work group that narrowed the initial slate of 3 bills down to one, after hearing unprecedented direction from House and Senate leadership to produce an improved bill. 

Key elements include an update that would include water (including flavored water) on January 1, 2009.  The bill also calls for the formation of a task force to study beverage and container collection and refund matters and produce a report by November 1, 2008.

  The Association of Oregon Recycler's (AOR) is generally supportive of SB 707, but wanted a more comprehensive "modernization" bill that did not survive the work group process.  It would have created a state oversight body and a centralized fund for deposit monies to support a network of independent redemption centers.  

Grocer groups in Oregon oppose adding any additional containers to the current return-to-retail system. They had proposed legislation asking for state dollars to be appropriated in support of a RecycleBank curbside pilot project, which failed to advance. 

During the work group meetings it became apparent that grocers are prepared to bring any legislative changes to the deposit system in Oregon to a public vote, most likely through Oregon's initiative process.  It is unclear whether they would ask voters to simply repeal the expansion to water bottles or the repeal the bottle bill entirely. 

  Immediately after the bill passed out of committee, a "minority report" notification was filed that would have eliminated any role for retailers in taking back empty containers for redemption. If the minority report had received a majority of votes on the floor, it would have become the vehicle which advanced, but the report was withdrawn before it could be voted on.

The Senate approved SB 707 by a vote of 23-7 on April 23rd. The bill will proceed to the House Energy and Environment Committee, Chaired by Rep. Jackie Dingfelder (D-Portland).  Dingfelder's committee has already taken up and passed an electronic scrap recycling bill and significant renewable energy standards bills. 

With the absence of any relief for grocers contained in the Senate bill, it is likely that attempts to amend the bill to improve independent redemption centers in Oregon will be discussed.

Given the goal of ending the Oregon session on June 30, the backlog of bills in the Energy and Environment Committee, and the need to discuss funding requirements associated with redemption centers, it will take a great deal of cooperation and compromise to produce a bill that grocers, recyclers, and Oregon's public will accept. 

Alex Cuyler is Immediate Past Chair, of AOR
Alex.D.CUYLER@ci.eugene.or.us

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