The 2013 Tennessee Landfill Ban
| Bill Number and Name | HB 945 / SB 941 |
|---|---|
| Sponsors | Representative Swann, Senator Southerland |
| Types of Packaging Covered | Aluminum cans, plastic bottles |
| Summary | Bans disposal of aluminum cans and plastic bottles in landfills |
| Goals | None specified |
| Fees / Taxes | None |
Details
In the original version of the bill, people would have been prohibited from knowingly disposing of aluminum cans and recyclable plastic bottles (defined as plastic bottles with a neck smaller than the body of the container) in landfills.
After revision, the focus of the bill was entirely changed. The emphasis became the existing regulations for waste reduction and landfill diversion. In the amended version of the bill, aluminum cans and plastic bottles are given more importance in the landfill diversion goals. Regions are allowed to multiply the total weight of these bottles and cans by three when calculating the total percentage waste reduction and diversion that the region has achieved.
Progress
February 4, 2013: Senate Bill Introduced
On May 16, the significantly amended version was signed into law (Pub. Ch. 421).
The 2011 Tennessee Campaign
| Bill Number and Name | House Bill 289 and Senate Bill 337, Tennessee Beverage Container Recycling Refunds Act |
|---|---|
| Sponsors | Rep. Mike McDonald and Rep. Jim Coley, Sen. Jim Summerville, Sen. Randy McNally, Sen. Beverly Marrero |
| Beverages Covered | malt beverages, soda, all waters, energy drinks, iced teas, iced coffees and juices. Excludes dairy, wine and spirits, and drugs |
| Containers Covered | glass, aluminum, steel, bimetal or plastic |
| Deposits | 5¢ |
| Handling Fees | "Overhead allowance" equal to 1 cent per container, paid by processors to redemption centers |
| Other Fees / Taxes | "Administrative allowance" equal to 1/10 cent per container, paid by the state to the processors |
| Reclamation System | Redemption Centers |
| Unredeemed Deposits | Property of the state, used to fund operations, redemption centers and related purposes |
Details
- Deposit is 5 cents on most beverages (malt beverages, soda, all waters, energy drinks, iced teas, iced coffees and juices); dairy, wine and spirits not covered
- Returns are exclusively to independent redemption centers certified by the program
- Redemption centers own the containers and sell directly to certified processors
- Redemption centers receive an "overhead allowance" equal to 1 cent per container
- Processors reimburse redemption centers the deposit, plus the overhead allowance
- Processors invoice the program for reimbursement; they also receive an "administrative allowance" equal to 1/10 cent per container
- Redemption centers may accept and sell other household recyclables, including non-deposit containers, pending local approval
- State's solid-waste management agency oversees the program
- Unclaimed deposits belong to the program and are used to fund operations, redemption centers and related purposes
- Existing "litter tax" on beer and soft drinks (enacted 1981; paid by the beverage distributors) is eliminated; it is replaced by 1/8-cent-per-container "container-recovery fee" which is used primarily to allow uninterrupted funding of state's litter program
- Advance on the container-recovery fee funds program start-up costs; fee is then lowered until the advance has been repaid
- Program fund may accept private and public donations and grants
Progress
February 3, 2011: HB 289 filed
February 4, 2011: SB 337 filed
February 7, 2011: Both bills passed first reading
February 9, 2011: HB 298 referred to to Conservation & Environment Committee, SB 337 referred to Environment, Conservation and Tourism
Contacts
Marge Davis
Scenic Tennessee Coordinator,
Pride of Place/Tennessee Bottle Bill Project
www.tnbottlebill.org
This email address is being protected from spambots. You need JavaScript enabled to view it.
(615) 758-8647
The 2010 Tennessee Campaign
The 2009 Tennessee bottle bill has been reintroduced in 2010.
| Bill Number and Name | HB 1167 and SB 1404, Tennessee Deposit Beverage Container Recycling Act |
|---|---|
| Primary Sponsor | Michael Ray McDonald |
| Containers Covered | All sealed containers of glass, aluminum, steel, bimetal, or plastic containing eligible beverages (up to and including 2 liters) |
| Beverages Covered | All ready-to-drink beverages excluding milk, unmixed wine and liquor, medicines, and liquid food |
| Deposits | 5¢ |
| Handling Fees | "Container-recovery fee" (paid by the distributor to the program): 1¢ "Handling fee" (paid by the program to the redemption center): 2¢ max "Administrative fee" (paid to processor by the program): .001¢ |
| Reclamation System | Certified redemption centers redeem the containers and sell the scrap directly to certified processors |
| Unredeemed Deposits | Used to compensate redemption centers; fund program operations; fund state/county litter programs |
Details
Tennessee's 2010 container deposit bills are the same bills as last year; they were put on hold in April of 2009 for reintroduction in the next session.
A number of things indicate that 2010 will be a good year for the bottle bill:
Shelby County overwhelmingly endorsed the bill, which could encourage more legislators to sign on as supporters. The bill also has the support of a coalition known as Businesses for a Tennessee Container Deposit, which includes some plastic- and glass- industry supporters as well as businesses in the tourism and outdoors-activities industries. The coalition has hired a professional lobbyist to help promote the bottle bill.
The legislative session ended June 10, 2010, with no action taken on either the House or Senate deposit bill.
Progress
Contacts
Marge Davis
Scenic Tennessee
Coordinator, Tennessee Bottle Bill Project
www.tnbottlebill.org
This email address is being protected from spambots. You need JavaScript enabled to view it.
(615) 758-8647
Sen. Doug Jackson
Primary sponsor of 2008 Senate bill
This email address is being protected from spambots. You need JavaScript enabled to view it.
Rep. Mike Turner,
Primary sponsor of 2008 House bill
This email address is being protected from spambots. You need JavaScript enabled to view it.
The 2009 Tennessee Campaign
Tennessee's proposed bottle bill, dubbed PRICE OF PLACE, or POP, continues to gain ground, in part because of a change in the proposed funding structure, and in part because of the program's significant economic benefits. By reducing the proposed bottlers' fee from 3¢ to 1¢, by letting the scrap value help pay for the collection system, and by emphasizing the economic impacts of hundreds of small businesses, thousands of new jobs, lucrative fundraising opportunities for schools and community groups, and boosts to manufacturing industries that need the recycled scrap, POP has already gained new, bipartisan support for the 2009 legislative session. The bill also continues to enjoy a significant boost from the results of a statewide public-opinion survey conducted in March 2008 by the University of Tennessee, which showed 80.4 percent support for a 5-cent deposit.
| Bill Number and Name | HB 1167 and SB 1404, Tennessee Deposit Beverage Container Recycling Act of 2009 |
|---|---|
| Primary Sponsor | Michael Ray McDonald |
| Containers Covered | All sealed containers of glass, aluminum, steel, bimetal, or plastic containing eligible beverages (up to and including 2 liters) |
| Beverages Covered | All ready-to-drink beverages excluding milk, unmixed wine and liquor, medicines, and liquid food |
| Deposits | 5¢ |
| Handling Fees | "Container-recovery fee" (paid by the distributor to the program): 1¢ "Handling fee" (paid by the program to the redemption center): 2¢ max "Administrative fee" (paid to processor by the program): .001¢ |
| Reclamation System | Certified redemption centers redeem the containers and sell the scrap directly to certified processors |
| Unredeemed Deposits | Used to compensate redemption centers; fund program operations; fund state/county litter programs |
Details
Tennessee's 2009 container deposit legislation will be filed by early February 2009.
Several key features distinguish the 2009 bill:
Returns will be handled exclusively by certified redemption centers. These may be operated by individuals, businesses, retailers, local governments and nonprofit groups such as homeless shelters.
Distributors are not involved in the post-redemption process. Certified processors will pick up containers directly from the redemption centers, verify quantities/weights and pay market rates. In return for filing required transaction reports, the processors will receive from the program an administrative fee equal to 2 percent of the containers' refund value.
The redemption process is streamlined. Under Tennessee's bill, containers are sorted not by brand, only by material/color; and quantities may be determined by weight as well as by piece count. Under certain conditions, containers may be "cancelled" (crushed or shredded) prior to shipping, which increases market value while reducing transportation costs.
Redemption centers will no longer rely entirely on distributors' fees. Under the 2009 bill, centers will be compensated in part by the scrap value of the empty containers; in part by a portion (up to 1¢) of the unclaimed deposits; and in part by the distributors' 1¢ container-recovery fee. In addition, some redemption centers may choose to accept other recyclables from the public, boosting local recycling rates while increasing their income potential.
The program, not the distributors, handles the money. The program collects the initial 5-cent deposit and 1-cent container-recovery fee from the distributors, then disburses payments to the redemption centers via the processors. All program costs will be covered by program revenues. The program will be administered by the Tennessee Department of Environment and Conservation and Division of Solid Waste Management, with accounting functions provided by the Department of Revenue.
The program funds comprehensive litter control. A portion of the unclaimed deposits (approximately $5 million a year) will be used to continue to fund the popular "county litter grants" program, which uses county jail inmates to pick up litter and funds litter education by counties and Keep Tennessee Beautiful. Existing "litter taxes" on beer and soft drinks, which have funded the litter grants since 1981, will be eliminated.
Progress
February 12, 2009: HB1167 and SB 1404 introduced
February 19, 2009: HB 1167 referred to State & Local Government Operations
April 22, 2009: Taken off notice for the remainder of the session. To be reintroduced in 2010
Contacts
Marge Davis
Scenic Tennessee
Coordinator, Tennessee Bottle Bill Project
www.tnbottlebill.org
This email address is being protected from spambots. You need JavaScript enabled to view it.
(615) 758-8647
Sen. Doug Jackson
Primary sponsor of 2008 Senate bill
This email address is being protected from spambots. You need JavaScript enabled to view it.
Rep. Mike Turner,
Primary sponsor of 2008 House bill
This email address is being protected from spambots. You need JavaScript enabled to view it.
The 2007-2008 Tennessee Campaign
Tennessee's 2007-2008 bottle bill, dubbed POP for Pride of Place, continues to gain ground, in large part because of the program's significant economic benefits. By emphasizing the impacts of hundreds of small, independent redemption centers, thousands of new jobs, lucrative fundraising opportunities for schools and community groups, and boosts to manufacturing industries that need the recycled scrap, POP now has 14 sponsors from both parties.
| Bill Number and Name | SB 1408 and HB 1829 Tennessee Beverage Container Deposit Act of 2007 |
|---|---|
| Primary Sponsor | Sen. Doug Jackson, D-25 (Dickson) Rep. Mike Turner, D-51 (Old Hickory) |
| Containers Covered | All sealed containers of glass, aluminum, steel, bimetal, or plastic containing eligible beverages (up to 2 liters) |
| Beverages Covered | All ready-to-drink beverages excluding milk, unmixed wine and liquor, medicines, and liquid food |
| Deposits | 5¢ |
| Handling Fees | 3¢ deposit beverage container fee, paid by the distributor to the Department of Environment and Conservation |
| Reclamation System | Return to certified redemption centers |
| Unredeemed Deposits | Fund the program, reimburse cities and counties for lost property tax revenue, fund environmental programs, and some are returned to distributors. |
Details
In 2007, SB1408 and HB1829 were introduced in legislature but not brought forward. The same bills are being "recycled" in 2008.
Four key features distinguish the Tennessee bill:
First, redemption centers are entirely voluntary under the bill, and must meet certification requirements for such things as location, hours of operation, access, safety and hygiene. (A 3-cent-per-container handling fee will insure plenty of applicants.) Retailers who wish to act as redemption centers must apply for certification like everyone else.
Second, distributors are not involved in the post-redemption process. Instead, a network of private recycling firms will provide pickup, verification, processing and brokering services in return for all or some of the scrap value. Containers will be sorted by material and color only, and counts will be independently certified by weight and/or volume.
Third, the state handles the money, collecting the initial 5-cent deposits and 3-cent handling fees from the distributors, and disbursing payments to the redemption centers. Unclaimed deposits remain with the program and must be used exclusively for purposes related to the bill. All program costs, including an estimated 24 new staff positions within the Division of Solid Waste Management, will be covered by the handling fees.
Fourth, a portion of the unclaimed deposits ($10 million) will be used to continue to fund the popular "county litter grants" program, which uses county prisoners to pick up litter and also supports litter education by counties as well as Keep Tennessee Beautiful. Existing "litter taxes" on beer and soft drinks, which have funded the program since 1981, will be eliminated.
In order to gain visibility and press for the bill, recruit potential redemption centers and educate the public and local officials about its many benefits, POP coordinator Marge Davis took a series of bike rides, dubbed "Hop on POP," across the state in October 2007.
Progress
February 8, 2007: SB1408 introduced
February 14, 2007: HB1829 introduced
March 19, 2008: HB1829 Placed on cal. Government Operations Committee for March 26, 2008
May 21, 2008: Legislature adjourned and both bills died in committee
Contacts
Marge Davis
Scenic Tennessee
Coordinator, Tennessee Bottle Bill Project
www.tnbottlebill.org
This email address is being protected from spambots. You need JavaScript enabled to view it.
(615) 758-8647
Sen. Doug Jackson
Primary sponsor of Senate bill
This email address is being protected from spambots. You need JavaScript enabled to view it.
Rep. Mike Turner,
Primary sponsor of House bill
This email address is being protected from spambots. You need JavaScript enabled to view it.
Tennessee's 2006 Bottle Bill Campaign
On April 19, the 2006 Tennessee Bottle Bill was rejected by the House Local Government Subcommittee by a vote of 8 to 1.
Not the greatest outcome, to be sure. But supporters should take heart.
The single vote FOR the bill—cast in a moment of quiet bravery by Rep. Ben West (D-Hermitage)—has shifted the entire debate, psychologically as well as politically. It signals that this bill has so much merit, will provide so many documented benefits and will so thoroughly serve the public interest, that at least one legislator felt compelled to take a stand for it even in the face of certain defeat, and despite enormous political pressure from beverage and grocery interests.
The pressure to oppose this bill was so strong, in fact, that even former bottle-bill supporters chose to remain silent. These included at least two powerful statewide organizations (the Tennessee Farm Bureau and the Tennessee Wildlife Federation), both of which are on record as endorsing container deposit legislation and both of which have led the fight for such bills in the past.
That same self-imposed gag order was widely in effect among legislators. One subcommittee member who voted against the bill admitted that if the issue were put directly to the voters, it would pass easily. In fact, he said he wished the decision COULD be left to the voters, so that he wouldn't have to take the heat! Numerous other legislators said bluntly that until they saw their colleagues stepping forward in significant numbers, they weren’t sticking their own necks out.
That’s why Rep. Ben West’s lone vote carries such significance. It may not be a flood, but it’s a crack in the dam. And once that breech is made, there is no closing it.
And though the chief sponsor and architect of the 2006 bill, Rep. Russell Johnson (R-Loudon), is leaving the legislature (he's running for district attorney), bottle-bill supporters are already planning their strategy for 2007.
Marge Davis
Coordinator, TN Bottle Bill Project
April 27, 2006