Container deposit legislation in the United States explained

There are ten states in the United States of America with container deposit legislation, popularly called "bottle bills" after the Oregon Bottle Bill, the first such legislation that was passed.[1]

Container deposit legislation (CDL) requires a refundable deposit on certain types of recyclable beverage containers in order to ensure an increased recycling rate. Studies show that the recycling rate for beverage containers is vastly increased with a bottle bill. The United States' overall beverage container recycling rate is approximately 33%, while states with container deposit laws have a 70% average rate of beverage container recycling. Michigan's recycling rate of 97% from 1990 to 2008 was the highest in the nation, as is its $0.10 deposit.[2] Studies also show that beverage container legislation has reduced total roadside litter by between 30% and 64% in the states with bottle bills.[3] Numerous instances of criminal offenses motivated by the cash refund value of empty containers have been reported.

Proponents of container deposit legislation have pointed to the small financial responsibilities of the states. Financing these programs are the responsibility of the beverage industry and consumers.[2] Producers are responsible for disposing of returned products, while consumers are responsible for collecting their refunds.

In Connecticut, Maine, Michigan, and Massachusetts the courts have ruled that unclaimed deposits are deemed abandoned by the public and are therefore property of the state. These states use this money to fund other environmental programs. In California and Hawaii uncollected deposits are used to cover the administrative costs of the deposit program.[4] In Iowa and Oregon the beverage distribution industry keeps the unredeemed deposits.[5] [6] Iowa and Oregon's systems are similar and it was found to be highly profitable for beverage distributors in Iowa. Between March 11, 2020, and June 2020, most states with container deposit legislation, except for California and Hawaii, temporarily suspended the bottle bill requirements as a result of the COVID-19 pandemic.[7]

States with container deposits

Beverages covered include beer, malt, soda, bottled water, juice, coffee, kombucha, coconut water, ready-to-use mixers, nutritional supplements, smoothies, protein shakes, non-alcoholic wine, drinking vinegar, marijuana beverages, sports drinks, energy drinks and most other beverages. The only exceptions are for wine, liquor, dairy or plant-based milk, meal replacement beverages, and infant formula.[41] Included are bottles, cans, or jars made of glass, metal, or plastic. Redemption rate has been as high as 94%, but dropped to 83% by 2005[42] and to 64.5% in 2015, the decline ultimately triggering a scheduled increase in the redemption value to 10¢ effective April 2017.[43] As of 2023, 88% of beverages in Oregon are subject to deposit.

Repealed legislation

Proposed legislation

There have regularly been campaigns in the early 21st to introduce container-deposit laws in various U.S. states and territories, or to improve or expand existing legislation, including but not limited to the following initiatives:[49]

Criminal offenses related to container deposits

Numerous instances of criminal offenses have occurred motivated by the cash refund value of empty containers, such as theft of cases of water from a retail store, burglary into a concession stand, welfare fraud, and theft of bagged empties from a private residence. In Salem, Oregon, Douglas McKay High School athletic concession stand was burgled where approximately ten 24 pack cases of beverages were emptied inside the building and empty containers stolen. The vice president of the club suggested the thieves committed the crime of returning empties for cash at the BottleDrop redemption facility nearby.[59] A Medford, Oregon woman was charged with theft of $40 worth of bottled water from Albertsons. A video of the same woman dumping the empty bottles at the BottleDrop facility operated by the Oregon Beverage Recycling Cooperative has circulated on the Internet.[60] A parolee from Wayne County, New York was charged with illegal exchange/sale of items purchased on food stamps following a purchase of 1,000 bottles of bottled water and dumping them out to cash out on the container deposit.[61] A machete-wielding male subject was observed taking a bag of empty cans set aside on the porch in front of the house and was confronted by a neighbor in Medford, Oregon.[62]

In July 2020, an Aloha, Oregon transient attacked another man that was scavenging refundable containers in a residential neighborhood to steal his cans.[63]

Recycling fraud-smuggling

One form of fraud is redeeming containers brought in from a different state that does not have a deposit or has a lower one. Such a scheme was brought to the awareness of popular culture in the 1990s by the Seinfeld episode "The Bottle Deposit".[64] In 2022, a family in Oakland redeemed 178 tons of containers brought from Arizona, defrauding the state of $7.6 million in deposit payment.[65] In 2017, A Flint man was arrested for buying cans from Indiana to redeem in Michigan, defrauding the system out of more than $1k.[66] In 2023, a Los Angeles ring was arrested in a bust worth more than $4.3 million.[67] In 2007, 13 out of 15 people in a Detroit ring were arrested in a bust called "Operation Can Scam" worth more than $500k.[68] In 2017, a New York ring of 5 was arrested for smuggling bottles and cans from New Jersey to New York, amongst other crimes involving recycling.[69]

In 2018, the Washington transit agency C-Tran banned large bags of empty bottles and cans on its buses due to issues with passengers bringing them onto bus lines that cross the border into Oregon. Oregon has a deposit and Washington does not.[70]

Recycling fraud-fraud

Another form of recycling fraud is actually committing fraud in order to gain a profit. In 2017, a New York ring of 5 was arrested for returning the same bottles twice, as well as other crimes commited to falsely inflate the number of bottles they returned. This ring would also commit bottle smuggling (see above).[71] In 2023, a Sandusky, Michigan Man was arrested for returning fake bottle slips, and is suspected of being connected to a large scheme also targeting Lapeer, Bay City and more.[72] In 2019, a Grand Rapids group of 5 was arrested for returning photo copied bottle slips throughout Meijer stores in a bust worth thousands of dollars.[73] using a Eugene taco bell as their office, 2 men were arrested and more are suspected to be involved in a ring that produced more than 100 fake bottle slips worth $14.40 each.[74]

See also

External links

Notes and References

  1. http://wwwb.container-recycling.org/assets/pdfs/reports/2008-BMDA-conclusions.pdf Wasting and Recycling Trends: Conclusions from CRI's 2008 Beverage Market Data Analysis, Page 4
  2. Gitlitz, Jenny & Franklin, Pat (2006). "The 10 Cent Incentive to Recycle". Container Recycling Institute.
  3. Web site: Bottle Bills Prevent Litter . BottleBill.org . 27 January 2016.
  4. http://www.ct.gov/dep/cwp/view.asp?a=2714&q=324834&depNav_GID=1645 State of Connecticut, Department of Environmental Protection Bottle Bill FAQ
  5. Web site: Consumer convenience is essential to saving Iowa's bottle bill . Des Moines Register . en . 2020-04-01.
  6. Web site: Corporate Lobbyists Turned Oregon's Iconic Bottle Bill into a Sweet Payday for Their Clients . Jaquiss . Nigel . Willamette Week . February 2017 . en-US. 2020-04-01.
  7. Web site: At least 8 states suspend bottle bill requirements during coronavirus pandemic. Waste Dive. en-US. 2020-04-01.
  8. Web site: Michigan's Bottle Bill. May 2004. Michigan History magazine. https://web.archive.org/web/20080910085316/http://www.michiganhistorymagazine.com/kids/pdfs/mittenmay04.pdf. 2008-09-10. 2008-07-07.
  9. Web site: Delaware's recycling law goes into effect on Dec. 1. Nov 17, 2010. Cecil Daily. en. 2019-05-22.
  10. http://www.calrecycle.ca.gov/BevContainer/LawsRegs/Act.pdf California Beverage Container Recycling & Litter Reduction Act
  11. http://www.calrecycle.ca.gov/BevContainer/ProgramInfo/FactSheet.pdf California's Beverage Container Recycling & Litter Reduction Program FACT SHEET
  12. Web site: Notice: Biannual Report of Beverage Container Sales, Returns, Redemption, and Recycling Rates. 27 January 2016.
  13. Web site: How Homeless People Make their Livings Redeeming Recyclables Independent Lens Blog PBS. 2021-03-31. Independent Lens. en-US.
  14. Web site: BottleBill.org - The Connecticut Campaign. 27 January 2016.
  15. Web site: Joas . Jennifer . 2024-01-01 . Bottle and can deposit doubles on Jan. 1 . 2024-03-15 . NBC Connecticut . en-US.
  16. Web site: BottleBill.org - The CT bottle bill. 27 January 2016.
  17. Web site: House Bill . Capitol.hawaii.gov . 2012-06-12.
  18. http://www.hi5deposit.com/support/HawaiiAdminRules.pdf Hawaii Administrative Rules, Title 11, Department of Health, Chapter 282, Deposit Beverage Container Recycling
  19. http://www.hi5deposit.com/support/2010ReportToLeg.pdf REPORT TO THE TWENTY-FIFTH LEGISLATURE STATE OF HAWAII 2010 DEPOSIT BEVERAGE CONTAINER PROGRAM
  20. http://www.iowadnr.gov/waste/recycling/bottle.html Iowa Department of Natural Resources Waste Management: The Deposit Law
  21. Web site: Rood. Lee. December 4, 2020. Kick the can: Almost 42 years later, can Iowa's bottle redemption law be enforced?. subscription. 2021-03-29. Des Moines Register. en.
  22. Web site: Dec 3, 2020. Photos: 42 years later, Iowa's bottle redemption law crumbles under COVID. 2021-03-30. www.desmoinesregister.com. en.
  23. Web site: Table of Contents for Chapter 28: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS. 27 January 2016.
  24. Web site: May 2018. Maine's Beverage Container Redemption Program (PDF). live. https://web.archive.org/web/20190223142429/http://legislature.maine.gov:80/doc/2316 . 2019-02-23 . October 7, 2020.
  25. Web site: Flaherty. Nora. Why Some Redemption Centers Give 6 Cents a Bottle When Deposit is Only 5. 2020-10-08. www.mainepublic.org. 7 March 2016 . en.
  26. Web site: June 17, 2016. Clynk to double in size. 2020-10-08. Waste Today. en.
  27. Web site: Bodnar. Marissa. 2019-10-31. Are you getting the right coin for your cans? I-Team puts Clynk to the test. live. https://web.archive.org/web/20201008054200/https://wgme.com/news/i-team/are-you-getting-the-right-coin-for-your-cans-i-team-puts-clynk-to-the-test. October 8, 2020. 2020-10-08. WGME.
  28. Web site: Site Help - MassDEP. DEP. Energy and Environmental Affairs. 27 January 2016.
  29. Web site: BottleBill.org - The Massachusetts Deposit Law. 27 January 2016.
  30. Web site: Municipal Benefits of an Expanded Bottle Bill. https://web.archive.org/web/20130502001044/http://www.mass.gov/eea/agencies/massdep/recycle/reduce/municipal-benefits-of-an-expanded-bottle-bill.html. dead. 2013-05-02. Massachusetts Executive Office of Energy and Environmental Affairs.
  31. Web site: Michigan Legislature. 27 January 2016.
  32. Web site: June 27, 2023 . Michigan bottle return rate fell after pandemic ban. Would price hike help? Bridge Michigan . 2024-03-18 . www.bridgemi.com . en.
  33. Web site: FAQ: Bottle Deposit Law .
  34. Web site: June 27, 2023 . NOTICE REGARDING TREATMENT OF KOMBUCHA PRODUCTS UNDER MICHIGAN’S BOTTLE DEPOSIT LAW . Michigan.gov .
  35. Web site: New York's Bottle Bill. 27 January 2016.
  36. Defined as a beverage containing wine with added juice, flavoring, water, citric acid, sugar and carbon dioxide, not containing more than six percent alcohol by volume (typically referred to as "wine coolers"). http://www.sla.ny.gov/definition-of-license-classes
  37. http://www.dec.ny.gov/docs/materials_minerals_pdf/0607rcarpt.pdf New York State Department of Environmental Conservation Division of Solid & Hazardous Materials BEVERAGE CONTAINER DEPOSIT AND REDEMPTION STATISTICS As Reported For The Period October 1, 2006 - September 30, 2007
  38. http://www.dec.ny.gov/docs/materials_minerals_pdf/rca2009.pdf NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW ARTICLE 27— COLLECTION, TREATMENT AND DISPOSAL OF REFUSE AND OTHER SOLID WASTE
  39. Web site: Bill would raise NY's 5-cent beverage container deposit to 10 cents.
  40. Bottle Bill 101 information session at House Committee On Energy and Environment May 2, 2019 1:00 PM - Jules Bailey, Chief Stewardship Officer, Oregon Beverage Recycling Cooperative. 1 hrs 7 min at:http://oregon.granicus.com/MediaPlayer.php?clip_id=26771&meta_id=1356197
  41. Web site: 2018 Expansion FAQs. Oregon Liquor Control Commission. 3 January 2018.
  42. Web site: The Expanded Bottle Bill 2007: Legislation Added Water Bottles, Created Task Force. https://web.archive.org/web/20080910085315/http://www.deq.state.or.us/lq/pubs/factsheets/sw/ExpandedBottleBill.pdf . September 10, 2008. State of Oregon Department of Environmental Quality. 2007.
  43. News: Pursinger. Geoff. Oregon bottle redemption rate to double. 2016-08-02. Hillsboro Tribune. July 29, 2016. published online July 22. A1, A4.
  44. Web site: Vermont Statutes Online. 27 January 2016.
  45. Web site: Vermont - Bottle Bill Resource Guide . 2024-03-19 . www.bottlebill.org.
  46. Web site: BottleBill.org - The Delaware Deposit Law. 27 January 2016.
  47. http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/SB+234/$file/legis.html?open DELAWARE STATE SENATE 145th GENERAL ASSEMBLY SENATE BILL NO. 234
  48. Web site: Retail Beverage Container License and Recycling Fee. State of Delaware. 28 January 2015. https://web.archive.org/web/20150120145502/http://revenue.delaware.gov/services/bottle.shtml. 20 January 2015. dead.
  49. Web site: Proposed Laws . Bottle Bill . 11 August 2021.
  50. News: Virgin . Bill . Bottle deposits idea could be recycled . 2024-03-15 . Seattle Post-Intelligencer . en.
  51. Web site: 2024-03-11 . What happened with WA lawmakers' climate agenda . subscription . https://archive.today/20240311145414/https://www.seattletimes.com/seattle-news/climate-lab/what-happened-with-wa-lawmakers-climate-agenda/ . March 11, 2024 . 2024-03-15 . . en-US.
  52. Web site: Oxley . Dyer . 2023-01-05 . Could bottle deposits be coming to Washington state? . 2024-03-15 . www.kuow.org . en.
  53. Web site: Markovich . Matt . 2024-02-02 . 10-cent bottle deposit system bill being considered in Washington . 2024-03-15 . MyNorthwest.com . en.
  54. http://www.texasbottlebill.com/proposed_bill.html Texas Bottle Bill 2011
  55. Web site: Bill: SB 635 - 2nd Reading Amendment 6. May 25, 2011. Texas Legislature Online .
  56. News: Ballot questions, 2 - Expand bottle bill, Mass.. 3 December 2014. The Boston Globe.
  57. News: Abel. David. Bid to expand Mass. bottle law soundly rejected. 3 December 2014. The Boston Globe. November 4, 2014.
  58. News: N.J. may want to give you a 10-cent refund for returning bottles and cans.
  59. Web site: Barreda. Virginia. Salem's McKay High School concession stand burglarized, $1,200 in losses. 2020-08-02. Statesman Journal. en-US.
  60. Web site: Jusino. Daniela. 2017-04-03. VIDEO: Woman cited after stealing water for bottle redemption. 2020-08-02. KTVL.
  61. Web site: 2015-04-26. 1000 bottles of water, purchased with food stamps, dumped for 5¢ deposit refund - Times of Wayne County. 2020-08-02. https://web.archive.org/web/20150426000923/https://waynetimes.com/news/1000-bottles-water-purchased-food-stamps-dumped-5%C2%A2-deposit-refund/. 2015-04-26.
  62. Web site: Tribune. Buffy Pollock for the Mail. 2020-02-25. Medford man stepped in when he saw somebody stealing from his neighbor's po. 2020-08-02. Mail Tribune.
  63. Web site: Egener. Max. July 30, 2020. Aloha man arrested for alleged attack and robbery of another man. live. https://web.archive.org/web/20200813000831/https://pamplinmedia.com/bvt/15-news/475387-384243-aloha-man-arrested-for-alleged-attack-and-robbery-of-another-man . 2020-08-13 . 2020-08-12. BeavertonValley Times. en-gb.
  64. Book: Jørgensen, Finn Arne . Making a Green Machine: The Infrastructure of Beverage Container Recycling . 2011 . Rutgers University Press . 978-0-8135-5054-1 . en . Can Cultures . https://books.google.com/books?id=5TeHJGc3DkoC&pg=PA70.
  65. Web site: 2023-07-25 . Attorney General Bonta and CalRecycle Announce Charges, Seizures in Riverside County Recycling Fraud Scheme . 2024-04-05 . State of California - Department of Justice - Office of the Attorney General . en.
  66. Web site: 2024-07-22 . 'Seinfeld'-Like Michigan Can Deposit Scam Ends in Plea . en .
  67. Web site: 2024-08-22 . Calif. Arrest of 'Seinfeld'-inspired recycling fraud ringleader who stole millions . en .
  68. Web site: 2024-07-28 . Michigan Officials Bust Bottle-Deposit Fraud Ring . .
  69. Web site: 2024-07-29 . Southern District of New York | Five Defendants Arrested in Bottle-Return Bust | United States Department of Justice .
  70. Web site: Theen . Andrew . 2018-09-18 . C-Tran's new policy bans empty bottles and cans on bus . 2024-03-15 . oregonlive . en.
  71. Web site: 2024-07-29 . Southern District of New York | Five Defendants Arrested in Bottle-Return Bust | United States Department of Justice .
  72. Web site: 2024-07-29 . Man arrested for fake bottle deposit receipts - Sanilac County News .
  73. Web site: 2024-07-30 . Group nets thousands using bogus bottle return slips at Meijer stores.
  74. Web site: 2018-08-16 . 2 arrested, more suspected in Oregon bottle return scam.