Legislative Updates
Arizona
A bottle bill introduced in Arizona in February gained little attention and went nowhere. It quietly died after its second reading in the Rules committee the day after its introduction.
Connecticut
Connecticut’s “water only” expansion proposal was amended in the Environment Committee to include 20 oz. or less non-carbonated beverages containers. The bill then passed the Planning and Development Committee, which has cognizance over municipal issues. The grocery lobby launched an aggressive campaign against it, calling the proposal a “tax” and suggesting that “real” reform is single stream collection. [Note: Many towns in CT already have dual stream collection that separates papers from other recyclables.] The grocery lobby is actively trying to position single stream collection as a more modern substitute for CDL. This is the same tactic that was used in CTseveral years ago when the grocers and beverage producers tried to persuade CT legislators that a litter tax was a better alternative to CDL. Ultimately, the bill was amended completely and passed the Senate, but once again, the House Speaker refused to consider the bill.
Contact: Jessie Stratton, CT Sierra Club JessieStratton@sbcglobal.net
Iowa
Iowa Governor Chet Culver was committed to expanding Iowa’s bottle bill to include noncarbonated beverages and to raise the handling fee. Even after making changes to appease some critics, opposition remained strong. The proposal survived one important deadline, but Iowa’s legislature adjourned without passing the bill. Iowa’s handling fee, at one cent per container, is the lowest handling fee in the nation (Oregon has no handling fee at all).
Contact: Theresa Kurtz tkurtz@iowarecycles.org
Kansas
The Kansas bottle bill would put a 5¢ deposit on liquors, malt beverages, and carbonated soft drinks, in the hopes of increasing recycling. As drafted, the bill stipulated that if the redemption rate of these containers fell below 60% by July 2009, the deposit would increase to 10¢. This bill’s hearing was set for February 1; no further action was taken.
Maryland
Maryland’s bottle bill, rejected in 2007, was replaced in 2008 by a proposal for a feasibility study for a Maryland deposit law. Despite gaining the support of Baltimore City and Maryland Association of Counties, the bill was voted unfavorable in both houses.
Contact: Phil Lee, plee@moffattnichol.com
Minnesota
Minnesota’s three beverage container bills – a disposal ban, a traditional bottle bill, and a mandate to the beverage industry to devise their own recovery and recycling plan for containers – all died without hearings. Their legislature adjourned on Monday May 19th.
New Hampshire
New Hampshire’s bottle bill (HB 1621) would have put a 5¢ deposit on all beverage containers, refundable at any redemption center. This legislative effort received little media attention, and on February 6, it was
New Jersey
New Jersey's Smart Container Act is one of the few bottle bills in the country that would require a deposit of 10¢ or more. The NJ Assembly’s Environment and Solid Waste Committee held an invitation-only hearing to hear expert testimony on the Smart Container Act (A121) on May 12. Witnesses included CRI, NJ Sierra Club, NJ Environmental Lobby, NJ Environmental League, and a municipal recycling coordinator. Opponents presented the usual arguments against, including the Beverage Association whose lobbyist is a former legislator who once sponsored a bottle bill, but now opposes them, New Jersey Recyclers, the “Clean Communities Council” which is funded by beverage industry litter tax, and the beverage and food store consultant from Northbridge Environmental . Assemblywoman Valerie Vainieri-Huttle, the bill’s sponsor, is committed to this legislation and is eager to work with opponents to address their concerns. The proposal is modeled on Michigan’s, and the sponsor expects to amend it to require a 10-cent deposit on beverage containers (as proposed, it required a 20¢ on containers 24 oz to a gallon). Seventy-five percent of unclaimed deposits would go to the state to fund environmental and other related programs; 25% would go to handlers.
Contact: David Yennior, NJ Sierra Club dyennior@msn.com
New York
New York’s Bigger Better Bottle Bill campaign remained strong and active, enjoying significant support from the new governor, David Paterson. The bill passed the Environmental Conservation committee in mid May and moved through three committees the first week in June. The bill passed the Assembly in mid June, 91-54., but died in Senate without a vote. Contact: Laura Haight, NYPIRG lhaight@nypirg.org
Rhode Island
Rhode Island, one of only two New England states without a bottle bill, introduced legislation in April. S 2771, sponsored by Senate Majority Leader M. Teresa Paiva-Weed, directs the Rhode Island Resource Recovery Corporation to conduct a study to consider container deposit legislaton and to report back to the legislature by January 1, 2009. The bill passed the Senate early in the session, and passed the House on June 19, one day before adjournment.
South Dakota
South Dakota put forth a bill this year that would put a 5¢ “litter reduction fee” and a 1.5¢ handling fee on all beverage containers. In Early February, HB 1177 was tabled by a unanimous vote in
Tennessee
The 2008 bottle bill—now with 17 cosponsors and the endorsement of the state's county mayors—did not pass. However, the stage is set for a showdown in 2009. Following a Senate committee hearing in April--a hearing that featured 90 minutes of testimony from 11 individuals representing interests as diverse as farming, real estate sales, tourism, energy, small-business development and homeless advocacy--committee members agreed that something had to be done, and publicly challenged industry lobbyists to either come up with their own solution next year--or get out of the way.
Contact: Marge Davis marge-davis@comcast.net
Vermont
Two updates to Vermont’s bill were proposed, an expansion bill and a handling fee increase for containers that are not co-mingled, but neither was approved.
West Virginia
The WV Beverage Container Recycling and Litter Control Act has the backing of a healthy citizen campaign (visit WVbottlebill.org for more details). It was introduced in both the House (HB 2773) and Senate (SB 135) on Jan. 9. Unfortunately, West Virginia’s legislative session ended without passing their bottle bill in either chamber. Nevertheless, advocates are not deterred, as their goal had been to keep the issue alive throughout this election year. John Ferrari from NexCycle in California addressed a joint meeting of the Senate and House Judiciary and House Finance committees in February. Advocates considered this testimony a great opportunity to educate legislators, the governor's staff and the media. Linda Frame, from WV Citizen Action Group shared that John Ferrari's attendance gave a new level to their campaign by showing how container deposit legislation has been a long-term, successful solution in other states. A study resolution passed the House in the session's final days. Advocates consider this significant, as this legislation has never received a serious interim study. The study provides additional opportunities to further educate the committee and address ongoing concerns such as how the bill would affect border businesses. Study meetings will likely begin this summer.
Contact Linda Frame, Linda@wvcag.org
USA
USA Congressman Edward Markey’s Bottle Recycling Climate Protection Act of 2007 would create a 5¢ deposit on all nondairy beverage containers nationwide. Congressman Markey has also recognized beverage container recycling as one of several energy saving initiatives in his Investing in Climate Action and Protection Act. This legislation would provide federal funding to states with successful beverage container recycling programs.
Guam
Senator Tina Rose Muña Barnes introduced a bill that would levy a 5¢ deposit on all sealed beverage containers, 75% of which would be refundable. Although, at the time of writing, we are unaware of the status of this bill, it has gained the much needed support of the military and met with the usual industry opposition.
New South Wales in Australia and the state of Massachusetts continue to campaign for new and updated bottle bills, but did not introduce any legislation this year.
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