2015 An act relating to the beverage container redemption system
| Bill Number and Name | H. 104, An act relating to the beverage container redemption system |
|---|---|
| Primary Sponsor | Mike Yantachka |
| Beverages Covered | entire existing program |
Activity
2/3/2015 Introduced (Bill voted down in Straw Poll amongst committee)
Summary
• This bill proposes to require beverage manufacturers and distributors to remit abandoned beverage container deposits to the State for deposit in a Waste Hauler Assistance Fund established to provide grants to businesses engaged in solid waste management and recycling. The remittance of unclaimed deposits would begin in August 2015. After January 2021, the unclaimed deposits would be sent to the State General Fund.
2014: Repeal to key portions of vermont’s CDL avoided; Focus Shifts to State’s Universal Recycling Law
On January 7, 2014, Vermont State Senator Bob Hartwell, Chair of the Natural Resources and Energy Committee, introduced Senate Bill 208, which contains provisions that address several aspects of solid waste and recycling management in the state of Vermont. The beverage container recycling specific provisions included: (1) deleting “liquor” from definition of beverage, thereby repealing the deposit on liquor containers, (2) deleting containers of over 1 liter in size from the definition.
Therefore, containers over one liter in size would no longer be subject to the deposit; and (3) no longer subjecting “biodegradable” containers to the deposit.
Moreover, the deposit was set to stop being collected on Jan. 1, 2015. However, after much public pressure, including from CRI, these provisions were removed from the Bill and thus Vermont’s CDL remains unchanged.
On February 25, 2014 CRI sent a letter of opposition to the partial repeal of Vermont’s deposit program to Senator Hartwell, Chair of the Committee of Natural Resources and Energy, and offered to testify. CRI pointed out that in 2011, nearly three million (2,860,458) liquor bottles (excludes beer) were recovered in Vermont for a 76.4% rate of return. This includes 2,574,412 glass liquor containers (a 80.9% return rate) and 286,046 PET liquor containers (a 50.9% return rate). In contrast, states without container deposit laws have a beverage container recycling rate of only 30%, on average. While these provisions would have created a negligible cost savings (less than 1/3 of 1%) for the Department of Liquor Control, a repeal of Vermont’s container deposit on liquor containers and all beverage types in containers ONE liter in size or above would directly lead to reduced recycling, increased litter, increased costs for municipalities, reduced income for redemption centers, and decreased economies of scale in the deposit system.
See: http://legiscan.com/VT/text/S0208/id/906428 andhttp://www.vpirg.org/news/vpirg-and-bottle-bill-alliestestify/ for CRI’s written testimony in opposition to portions of Vermont S.208 (partial repeal of container deposit program)
Vermont 2013
Several bills were introduced in Vermont this session, with a common theme: expanding the types of beverages covered, and making unclaimed deposits property of the state.
Vermont 2013 Expansion Bill
As required by Act 148 of 2012, Vermont’s Agency of Natural Resources has reported on the relative merits of expanding the bottle bill vs. providing "Universal Access to Single Stream Recycling." A report by CRI and VPIRG, "A Clean and Green Vermont," provides another perspective on the deposit law.
Meanwhile, bills (S-065) for bottle bill expansion were introduced in the House and Senate.
| Bill Number and Name | S.065 |
|---|---|
| Sponsors | Pollina, Anthony Doyle, Bill Zuckerman, David |
| Beverages Covered | Adds noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks, plus wine |
| Deposits | 5¢ for newly added nonalcoholic beverages, 15¢ for wine |
| Unredeemed Deposits | Returned to the state |
| Bill Number and Name | H.375 |
|---|---|
| Sponsors | Weed, Cindy Burke, Mollie S. Buxton, Sarah E. Christie, Kevin "Coach" and others |
| Beverages Covered | Adds noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks, plus wine |
| Deposits | 5¢ for newly added nonalcoholic beverages, 15¢ for wine |
| Unredeemed Deposits | Returned to the state |
Details
The House Bill and Senate bill have subtle differences in wording and order, but they propose the same essential changes to the existing system: the addition of all nonalcoholic beverages and wine, and a provision that allows the state to keep unclaimed deposits.
This bill proposes to expand the scope of the beverage container redemption system to include wine and all noncarbonated drinks, except rice milk, soy milk, and milk.
While currently, distributors keep unclaimed deposits, the bill would require beverage manufacturers and distributors to remit abandoned beverage container deposits to the state. In the Senate bill, these funds are intended for deposit in a new Clean Environment Jobs Fund established to provide grants to business engaged in solid waste management and recycling.
Progress
Senate Bill 65
January 30, 2013 Read 1st time & referred to Committee on Natural Resources and Energy
House Bill 375
February 26, 2013 Read First Time and Referred to the Committee on Natural Resources and Energy
The 2013 Unclaimed Deposits Bill
| Bill Number and Name | H.495 |
|---|---|
| Sponsors | Representative Mrowicki |
| Beverages Covered | Adds all nonalcoholic carbonated or noncarbonated drinks except for rice milk, soymilk, and dairy. |
| Deposits | Complex lists should use bulleted sublists. Remove all <p> tags as they add unnecessary space at the bottom |
| Unredeemed Deposits | Reclaimed by the state |
Details
Similarly to S.65 and H.375 above, this House bill would add most noncarbonated beverages to the list of deposit beverages, and would require distributors to remit unclaimed deposits to the state.
Its primary difference lies in where the unclaimed deposits ultimately end up. In this bill, it would be the (already existing) Solid Waste Management Assistance Account of the Waste Management Assistance Fund, "for use in funding the capital infrastructure and other costs associated with meeting the requirements under V.S.A. chapter 159 regarding the recycling of mandated recyclables, food residuals, and leaf and yard residuals."
Progress
March 12, 2013: Read First Time and Referred to the Committee on Natural Resources and Energy
The 2013 Tax Law bill
| Bill Number and Name | H.367 |
|---|---|
| Sponsors | Representative Pearson and several others |
| Beverages Covered | Adds all nonalcoholic carbonated or noncarbonated drinks except for rice milk, soymilk, and dairy. |
| Unredeemed Deposits | Remitted to the state |
Details
Like the bills mentioned before it, this one would also expand the deposit-bearing beverages to include all nonalcoholic beverages except milk and milk substitutes. It would likewise require distributers to remit unclaimed deposits to the state. In this bill, however, the unclaimed deposits would belong to the general fund.
The bill also makes several other amendments to various Vermont tax laws which have no bearing on the container deposit system.
Progress
February 26, 2013: Read First Time and Referred to the Committee on Ways and Means
Vermont 2011 Campaigns
Two opposing bills related to Vermont's deposit system were introduced this spring: One would expand it, and one would repeal it.
The 2011 Expansion Campaign
S.21/H74 seeks to expand the deposit to cover more beverages and return unredeemed deposits to the state; it also establishes a producer responsibility program for other consumer products.
| Bill Number and Name | S.21 and H.74 |
|---|---|
| Sponsors | Senators Lyons, Virginia "Ginny," Pollina, Anthony Representatives McCullough, Jim Martin, Cynthia Pearson, Christopher |
| Beverages Covered | Expanded to include wine and all noncarbonated beverages. Excludes dairy, rice milk, and soy milk. |
| Unredeemed Deposits | Reclaimed by the state |
Details
Vermont's original beverage container deposit law, implemented in 1973, put a deposit on beer, mixed wine drinks, and carbonated soft drinks. Expanded in 1987 to include liquor, it would be expanded again by S.21 to include wine and noncarbonated soft drinks.
The bill also specifies that retailers may only refuse to accept returns if a redemption center is located within one mile of their store. The process for establishing redemption centers is clarified, giving the Agency of Natural Resources the power to create rules and requirements for the establishment of redemption centers.
Another significant change to the existing deposit law regards the fate of unredeemed deposits. Under existing law, the manufacturers or distributors get to keep unclaimed funds. The new bill would require them to keep all deposit monies in a separate account, and remit all unclaimed deposits to the commissioner of taxes every month. They may, however, keep any interest earned on the account in the previous month. The unclaimed deposits collected by the state are to be kept in a "clean environment jobs fund" and used to support and promote jobs related to recycling and waste management, as well as to run an extended producer responsibility program also established by this bill.
Under the Extended Producer Responsibility (EPR) Program, the Agency of Natural Resources is authorized to designate certain consumer products for special product stewardship regulations. These designated products may not be sold in the state unless the manufacturer has, among other requirements, implemented an approved stewardship plan for the product, or is part of an organization that handles the product stewardship requirements on the manufacturer's behalf. Designated products also are banned from landfills.
Progress
January 20, 2011: H.74 Read First Time and Referred to the Committee on Natural Resources and Energy
January 21, 2011: S.21 Introduced and referred to Committee on Natural Resources and Energy
Contacts
Charity Carbine
Environmental Health Advocate
Vermont Public Interest Research Group
802-223-8421 x4108
This email address is being protected from spambots. You need JavaScript enabled to view it.
The 2011 Replacement Bill
| Bill Number and Name | H.218 |
|---|---|
| Primary Sponsor | Cheney, Margaret Edwards, Sarah Sharpe, Dave |
Details
Like S.21, H.218 also relates to producer responsibility. However, rather than expanding the container deposit system, H.218 ignores it. A repeal bill was introduced in 2010 but did not pass. This bill, while not explicitly calling for the repeal of the deposit law, would open the way for its eventual elimination.
The introduction to the bill states: "While Vermont’s beverage container redemption system (known as the bottle bill) diverts a high percentage of the beverage containers included under the redemption system, the bottle bill has resulted in the development of two separate recycling systems, one for covered beverage containers and one for other recyclable packaging and printed materials. Maintaining two separate recycling systems results in unnecessarily high costs for consumers, significantly increased vehicle traffic to recycling centers, and a higher carbon 5 footprint for the state." It goes on to suggest that a comprehensive law covering all packaging materials would be a better solution.
It requires that printed materials and packaging sold in Vermont be covered by an extended producer responsibility program approved by the agency of natural resources.
Several reports were produced to support the argument that Vermont's deposit law should be repealed; however, most of them were based on erroneous assumptions. CRI's responses to these reports are below.
- Why Universal Recycling in Vermont Requires Deposit Return (February 2011)
- CRI Comments on “Extended Producer Responsibility for Packaging” A Report by DSM Environmental for the Vermont Beverage Association (February 2011)
- CRI Comments on “The Costs of Beverage Container Redemption in Vermont” A Report by DSM Environmental Services, Inc. for the Vermont Agency of Natural Resources Solid Waste Program (April 2011)
Progress
February 10, 2011: Introduced and referred to Committee on Natural Resources and Energy
Contacts
Charity Carbine
Environmental Health Advocate
Vermont Public Interest Research Group
802-223-8421 x4108
This email address is being protected from spambots. You need JavaScript enabled to view it.
Vermont 2010
The Vermont producer responsibility bill would repeal the bottle bill and replace it with a comprehensive waste management system funded by the waste producers.
| Bill Number and Name | House Bill 696, Vermont Extended Producer Responsibility Act |
|---|---|
| Primary Sponsor | Cheney, Margaret Edwards, Sarah Klein, Tony Krawczyk |
| Reclamation System | Eliminates the deposit/return system. |
Details
With the claim that maintaining separate recycling systems for beverage containers and other recyclable materials is costly and unsustainable because of related vehicle traffic and emissions, the bill would eliminate the beverage container deposit and replace it with an extended producer responsibility scheme covering all packaging and printed material generated in the state.
At a later date, other materials may be added to the list of covered products, referred to in the bill as "designated waste." Any type of designated waste is banned from landfills one year after being added to the list.
Producers must design waste management schemes for their products, which must be approved by the Agency of Natural Resources. They must pay all costs incurred by the program, which must cover the collection, transportation, reuse, recycling, processing, and final management of a designated waste. Under the proposed law, producers set their own performance goals, including recycling rates; however, each program must achieve a 60% recycling rate within 5 years.
Producers participating in a program are also required to produce educational and promotional materials about the program and submit annual reports to the agency. Producers may be required to pay fees to the agency to support the administration of the program.
The bill also requires municipalities to implement mandatory recycling for designated waste and pay-as-you-throw programs for all other waste.
The bill is set to come into effect July 1, 2010.
Progress
February 2, 2010: Introduced and referred to committee on Natural Resources and Energy
The 2008 Vermont Campaign
House Bill 574 changed the handling fees based on whether containers are sorted by brand or commingled.
| Bill Number and Name | H.574 |
|---|---|
| Primary Sponsor | Marcotte, Michael |
| Handling Fees | 3.5¢ for containers part of a commingling program; 4¢ for containers not part of a commingling program |
| Reclamation System | Adds a provision that redemption centers and retailers should not accept containers which are not labeled with the Vermont refund value |
Details
Vermont House Bill 574 made a number of changes to the deposit law, mostly affecting distributors, redemption centers, and retailers accepting returns.
Most notably, the handling fee was changed to allow for commingling programs. The redemption centers wanted to reduce the amount of brand sorting that they did, and the beverage manufacturers wanted to avoid the increase in the handling fee from 3.5 to 4 cents. So, the lower handling fee is available for manufacturers that agree to commingle materials with other manufacturers, so that all same-material containers can be commingled together, instead of sorted by brand.
In addition, the law was changed to specify that redemption centers and retailers should not accept containers which are not labeled with the Vermont refund value.
The bill also created a new requirement that beverage companies register each beverage container with the Agency of Natural Resources.
Section 4 of the bill creates additional requirements for redemption center operators.
The bill sets up a commingling pilot program, expiring in June 2010. By January of 2010, the Secretary of Natural Resources is required to report to the Committees on Natural Resources on the success of the pilot program. The report, indicating an overall positive response to the commingling program, is available here. [pdf]