text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``National Beverage Container 
  Recycling Initiative Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The failure to reuse and recycle empty beverage 
          containers represents a significant and unnecessary waste of 
          important national energy and material resources.
              (2) The littering of empty beverage containers constitutes 
          a public nuisance, safety hazard, and aesthetic blight and 
          imposes on public agencies, private businesses, farmers, and 
          landowners unnecessary costs for the collection and removal of 
          the containers.
              (3) Solid waste resulting from the empty beverage 
          containers constitutes a significant proportion of municipal 
          solid waste and increases the cost and problems of effectively 
          managing the disposal of the waste.
              (4) It is difficult for local communities to raise the 
          necessary capital to initiate comprehensive recycling programs.
              (5) The reuse and recycling of empty beverage containers 
          would help eliminate unnecessary burdens on individuals, local 
          governments, and the environment.
              (6) Several States have previously enacted and implemented 
          State laws designed to protect the environment, conserve energy 
          and material resources, and promote resource recovery of waste 
          by requiring a refund value on the sale of all beverage 
          containers.
              (7) The laws referred to in paragraph (6) have proven 
          inexpensive for government to administer and effective at 
          reducing financial burdens on communities by internalizing the 
          cost of recycling and litter control to the producers and 
          consumers of beverages.
              (8) A national system for requiring a refund value on the 
          sale of all beverage containers would act as a positive 
          incentive to individuals to clean up the environment and 
          would--
                      (A) result in a high level of reuse and recycling 
                  of the containers; and
                      (B) help reduce the costs associated with solid 
                  waste management.
              (9) A national system for requiring a refund value on the 
          sale of all beverage containers would result in significant 
          energy conservation and resource recovery.
              (10) The reuse and recycling of empty beverage containers 
          would eliminate unnecessary waste management burdens on the 
          Federal Government, State and local governments, and the 
          environment.
              (11) The collection of unclaimed refunds from a national 
          system of beverage container recycling would provide the 
          resources necessary to assist comprehensive reuse and recycling 
          programs throughout the United States.
              (12) A national system of beverage container recycling is 
          consistent with the intent of the Solid Waste Disposal Act (42 
          U.S.C. 6901 et seq.).
              (13) This Act is consistent with the goals established by 
          the Administrator of the Environmental Protection Agency during 
          June 1996 that include a national goal of 35 percent source 
          reduction and recycling by 2005, coupled with a reduction in 
          per capita waste generation.
  
  SEC. 3. BEVERAGE CONTAINER RECYCLING.
  
      (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et 
  seq.) is amended by adding at the end the following:
  
                 ``Subtitle K--Beverage Container Recycling
  
  ``SEC. 12001. DEFINITIONS.
  
      ``In this subtitle:
              ``(1) Beverage.--The term `beverage' means beer, ale, or 
          other drink produced by fermenting malt, spirits, wine, wine 
          coolers, soda or noncarbonated water, and all nonalcoholic 
          carbonated or noncarbonated drinks in liquid form and intended 
          for human consumption except for milk and dairy-derived 
          products.
              ``(2) Beverage container.--The term `beverage container' 
          means a bottle, can, jar, or other container made of glass, 
          metal, or plastic which has been sealed by a manufacturer and 
          which, at the time of sale, contains 4 liters or less of a 
          beverage.
              ``(3) Beverage distributor.--The term `beverage 
          distributor' means a person who sells or offers for sale in 
          interstate commerce to beverage retailers beverages in beverage 
          containers for resale.
              ``(4) Beverage retailer.--
                      ``(A) In general.--The term `beverage retailer' 
                  means a person who--
                              ``(i) purchases from a beverage distributor 
                          beverages in beverage containers for sale to a 
                          consumer; or
                              ``(ii) sells or offers to sell in commerce 
                          beverages in beverage containers to a consumer.
                      ``(B) Beverage vending machines.--The Administrator 
                  shall promulgate regulations that define `beverage 
                  retailer' for any case in which a beverage in a 
  beverage container is sold to a consumer through a beverage vending 
  machine.
              ``(5) Consumer.--The term `consumer' means a person who 
          purchases a beverage container for any use other than resale.
              ``(6) Refund value.--The term `refund value' means the 
          amount specified as the refund value of a beverage container 
          under section 12002.
              ``(7) Unbroken beverage container.--The term `unbroken 
          beverage container' includes--
                      ``(A) a beverage container opened in a manner in 
                  which the container was designed to be opened; and
                      ``(B) a beverage container made of metal or plastic 
                  that is compressed if the statement of the amount of 
                  the refund value of the container is still readable.
              ``(8) Wine cooler.--The term `wine cooler' means a drink 
          containing less than 8 percent alcohol (by volume)--
                      ``(A) consisting of wine and plain, sparkling, or 
                  carbonated water; and
                      ``(B) containing a non-alcoholic beverage, 
                  flavoring, coloring material, fruit juice, fruit 
                  adjunct, sugar, carbon dioxide, preservatives, or any 
                  other natural or artificial blending materials (or any 
                  combination thereof).
              ``(9) Spirits.--The term `spirits' means any liquor 
          produced by distillation or, if produced by any other process, 
          strengthened or fortified by the addition of distilled spirits 
          of any kind. The term includes fortified wine.
              ``(10) Wine.--The term `wine' means any liquor containing 
          not more than 15.5 percent alcohol by volume which is produced 
          by the fermentation of fruit or other agricultural products 
          containing sugar and to which no spirits are added. The term 
          includes table wine, still wine, sparkling wine, and champagne, 
          if the alcohol content is not above 15.5 percent by volume.
  
  ``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.
  
      ``(a) In General.--Except as provided in section 12007, no beverage 
  distributor or beverage retailer may sell or offer for sale in 
  interstate commerce a beverage in a beverage container unless--
              ``(1) in the case of wine and spirit containers, there is 
          clearly, prominently, and securely affixed to, or printed on, 
          the container a statement of the refund value of the container 
          in the amount of 15 cents (as adjusted under subsection (c)); 
          and
              ``(2) in the case of all other containers, there is 
          clearly, prominently, and securely affixed to, or printed on, 
          the container a statement of the refund value of the container 
          in the amount of 5 cents (as adjusted under subsection (c)).
      ``(b) Size and Location of Statement.--The Administrator shall 
  promulgate regulations establishing uniform standards for the size and 
  location of the refund value statement on beverage containers.
      ``(c) Adjustments of Refund Value.--
              ``(1) In general.--The Administrator shall adjust the 
          amount of the refund value of the container under subsection 
          (a)--
                      ``(A) on the date that is 10 years after the date 
                  of enactment of this subtitle, to reflect changes in 
                  the Consumer Price Index for all-urban consumers 
                  published by the Department of Labor since the date of 
                  enactment of this subtitle; and
                      ``(B) on the date that is 10 years after the 
                  initial adjustment made under paragraph (1), and each 
                  10 years thereafter, to reflect changes in the Consumer 
                  Price Index for all-urban consumers published by the 
                  Department of Labor since the most recent adjustment.
              ``(2) Rounding.--The Administrator shall round any 
          adjustment under paragraph (1) to the nearest 5 cent increment.
  
  ``SEC. 12003. COLLECTION OF REFUND VALUE.
  
      ``(a) Collection From Retailers by Distributors.--In the case of 
  each beverage in a beverage container sold in interstate commerce to a 
  beverage retailer by a beverage distributor, the distributor shall 
  collect from the retailer or redemption center the amount of the refund 
  value shown on the container.
      ``(b) Collection From Consumers by Retailers.--In the case of each 
  beverage in a beverage container sold in interstate commerce to a 
  consumer by a beverage retailer, the retailer shall collect from the 
  consumer the amount of the refund value shown on the container.
      ``(c) Other Collections.--No person other than a person described 
  in subsection (a) or (b) may collect a deposit on a beverage container.
  
  ``SEC. 12004. RETURN OF REFUND VALUE.
  
      ``(a) Payment by Retailer.--
              ``(1) In general.--If a person, other than a beverage 
          distributor or beverage retailer, tenders for refund an empty, 
          unbroken, and reasonably clean beverage container to a beverage 
          retailer who sells (or has sold at any time during the 90-day 
          period ending on the date of tender) the same brand of beverage 
          in the same kind and size of container, the retailer shall 
          promptly pay the person the amount of the refund value stated 
          on the container.
              ``(2) Limitations.--(A) A retailer may limit the total 
          number of beverage containers which the retailer will accept 
          from any one consumer or other person in any one business day 
          to 240 containers, or any other number greater than 240.
              ``(B) A retailer may refuse to accept beverage containers 
          during no more than 8 hours in any one business day. If a 
          retailer refuses to accept beverage containers under this 
          subsection, the hours during which the retailer would accept 
          containers shall be conspicuously posted.
      ``(b) Payment by Distributor.--
              ``(1) In general.--If a person tenders for refund an empty 
          and unbroken beverage container to a beverage distributor who 
          sells (or has sold at any time during the 90-day period ending 
          on the date of tender) the same brand of beverage in the same 
          kind and size of container, the distributor shall promptly pay 
          the person--
                      ``(A) the amount of the refund value stated on the 
                  container; plus
                      ``(B) an amount equal to at least 2 cents per 
                  container to help defray the cost of handling.
              ``(2) Tendering beverage containers to other persons.--This 
          subsection shall not preclude any person from tendering a 
          beverage container to a person other than a beverage 
          distributor.
      ``(c) Agreements.--
              ``(1) In general.--Nothing in this subtitle precludes an 
          agreement between a distributor, a retailer, or other person to 
          establish a centralized beverage container collection center, 
          including a center that acts as an agent of the retailer.
              ``(2) Agreement for crushing or bundling.--Nothing in this 
          subtitle precludes an agreement between a beverage retailer, a 
          beverage distributor, or other person for the crushing or 
          bundling (or both) of beverage containers.
  
  ``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE 
                RECYCLING FUNDS.
  
      ``(a) Unclaimed Refunds.--
              ``(1) Payments to states.--At the end of each calendar 
          year, each beverage distributor shall pay to each State an 
          amount equal to the sum by which the total refund value of all 
          containers sold by the distributor for resale in that State 
          during the year exceeds the total sum paid during that year by 
          the distributor under section 12004(b) to persons in the State.
              ``(2) Use by states.--The total amount of unclaimed refunds 
          received by any State under this section shall be available to 
          carry out pollution prevention and recycling programs in the 
          State.
      ``(b) Refunds in Excess of Collections.--If the total amount of 
  payments made by a beverage distributor for any calendar year under 
  section 12004(b) for any State exceeds the total amount of the refund 
  values of all containers sold by the distributor for resale in the 
  State, the excess shall be credited against the amount otherwise 
  required to be paid by the distributor to that State under subsection 
  (a) for a subsequent calendar year, designated by the beverage 
  distributor.
  
  ``SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS AND POST-REDEMPTION 
                DISPOSAL.
  
      ``(a) Detachable Openings.--No beverage distributor or beverage 
  retailer may sell, or offer for sale, in interstate commerce a beverage 
  in a metal beverage container a part of which is designed to be 
  detached in order to open the container.
      ``(b) Post-Redemption Disposal.--No retailer or distributor or 
  agent of a retailer or distributor may dispose of any beverage 
  container labeled pursuant to section 12002 or any metal, glass, or 
  plastic from the beverage container (other than the top or other seal 
  of the container) in any landfill or other solid waste disposal 
  facility.
  
  ``SEC. 12007. EXEMPTED STATES.
  
      ``(a) Exemption.--Sections 12002 through 12005 and sections 12008 
  and 12009 shall not apply in any State that has adopted and implemented 
  requirements applicable to all beverage containers sold in the State if 
  the Administrator determines the requirements to be substantially 
  similar to the requirements of sections 12002 through 12005 and 
  sections 12008 and 12009.
      ``(b) Determination of Tax.--No State or political subdivision of a 
  State that imposes a tax on the sale of any beverage container may 
  impose a tax on any amount attributable to the refund value of the 
  container.
      ``(c) Effect on Other Laws.--Nothing in this subtitle affects the 
  authority of any State or political subdivision of a State--
              ``(1) to enact or enforce (or continue in effect) any law 
          concerning a refund value on containers other than beverage 
          containers; or
              ``(2) to regulate redemption and other centers that 
          purchase empty beverage containers from beverage retailers, 
          consumers, or other persons.
  
  ``SEC. 12008. PENALTIES.
  
      ``A person who violates section 12002, 12003, 12004, or 12006 shall 
  be subject to a civil penalty of not more than $10,000 for each 
  violation.
  
  ``SEC. 12009. REGULATIONS.
  
      ``Not later than 1 year after the date of enactment of this 
  subtitle, the Administrator shall promulgate regulations to carry out 
  this subtitle.
  
  ``SEC. 12010. EFFECTIVE DATE.
  
      ``Except as provided in section 12009, this subtitle takes effect 
  on the date that is 2 years after the date of enactment of this 
  subtitle.''.
      (b) Table of Contents.--The table of contents for the Solid Waste 
  Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end the 
  following:
  
                 ``Subtitle K--Beverage Container Recycling
  
  ``Sec. 12001. Definitions.
  ``Sec. 12002. Required beverage container labeling.
  ``Sec. 12003. Collection of refund value.
  ``Sec. 12004. Return of refund value.
  ``Sec. 12005. Accounting for unclaimed refunds and provisions for State 
                              recycling funds.
  ``Sec. 12006. Prohibitions on detachable openings and post-redemption 
                              disposal.
  ``Sec. 12007. Exempted States.
  ``Sec. 12008. Penalties.
  ``Sec. 12009. Regulations.
  ``Sec. 12010. Effective date.''.
target: National Beverage Container Recycling Initiative Act - Amends the Solid Waste Disposal Act to prohibit the sale of beer, ale, or other drinks produced by fermenting malt, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form (except for dairy products) in beverage containers by retailers and distributors unless such containers carry a refund value of five cents.  Bars sales of wine and spirits unless their beverage containers carry a refund value of 15 cents.  Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires:  (1) distributors to collect from retailers or redemption centers the refund value for each beverage sold to retailers; and (2) retailers to collect from consumers the refund value for each beverage sold to consumers.  Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold.  Authorizes retailers to limit the daily amount of containers accepted from any one person. 
  Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in that State).  Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. 
  Prohibits distributors and retailers from:  (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. 
  Makes this Act inapplicable to States that have adopted requirements substantially similar to those under this Act. 
  Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. 
  Prescribes civil penalties for violations of this Act.
feat_title: National Beverage Container Recycling Initiative Act