Massachusetts Bottle Bill

Last updated
Massachusetts Bottle Bill
Massachusetts
Beverage Container Recovery Law
Passed1982
Commenced1983
Bill citationMass. Bills H.2943/S.1588
Status: In force

The Massachusetts Bottle Bill (Mass. Bills H.2943/S.1588) is a container-deposit legislation dealing with recycling in the United States that originally passed in the U.S. state of Massachusetts in 1982 as the Beverage Container Recovery Law. Implemented in 1983, the law requires containers of carbonated beverages to be returnable with a minimum return value of $0.05. The bottle bill does not cover containers of non-carbonated beverages like water, tea, or sports drinks. The law also establishes the handling fee paid by distributors to redemption centers, $0.0325 per unit as of July 5, 2013, and to retailers $0.0225 per unit. As the number of non-deposit beverage containers (water, tea, sports beverages, etc.) has increased to represent over one-third of beverage containers sold, the Bottle Bill has no influence on these non-deposit containers, with the result that these containers are three times more likely to be found as litter in Massachusetts communities. Additional studies[ citation needed ] indicate that beverage containers covered by the state's container deposit system are redeemed at approximately 70% and another 9% are recycled via curbside programs. Conversely, containers that are not covered, such as bottled water, juices, and sports drinks, are recycled at approximately 25%.[ citation needed ]

Container-deposit legislation

Container-deposit legislation is any law that requires the collection of a monetary deposit on beverage containers at the point of sale and/or the payment of refund value to the consumers. When the container is returned to an authorized redemption center, or retailer in some jurisdictions, the deposit is partly or fully refunded to the redeemer. It is a deposit-refund system.

There is no national law in the United States that mandates recycling, and state and local governments often introduce their own recycling requirements. In 2014, the recycling/composting rate for municipal solid waste in the US was 34.6%. A number of U.S. states, including California, Connecticut, Delaware, Hawaii, Iowa, Maine, Massachusetts, Michigan, New York, Oregon, and Vermont have passed laws that establish deposits or refund values on beverage containers while other jurisdictions rely on recycling goals or landfill bans of recyclable materials.

Massachusetts State in the northeastern United States

Massachusetts, officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States. It borders on the Atlantic Ocean to the east, the states of Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state is named after the Massachusett tribe, which once inhabited the east side of the area, and is one of the original thirteen states. The capital of Massachusetts is Boston, which is also the most populous city in New England. Over 80% of the population of Massachusetts lives in the Greater Boston metropolitan area, a region influential upon American history, academia, and industry. Originally dependent on agriculture, fishing and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, engineering, higher education, finance, and maritime trade.

Contents

Proposed changes

Since the original Bottle Deposit Law was enacted, there has been tremendous growth in the consumption of beverages exempted. Since 2000, consumption of non-carbonated beverages has demonstrated near double-digit growth and now represents over 30% of beverages sold in Massachusetts. [1] However, as these beverage containers do not require a deposit, only 23% are recycled, compared with a recycling rate of 80% for containers requiring a deposit in the 2010 fiscal year.

Attempts to update the state's bottle bill to account for these changes have been underway since 2001, but without success.

2010 proposal

Expansion of the Massachusetts container law was proposed in 2010 by Gov. Deval Patrick in his fiscal year 2010 budget to include a nickel deposit on water, juice, energy drink and sport drink containers. [2]

Deval Patrick 71st Governor of Massachusetts

Deval Laurdine Patrick is an American politician, civil rights lawyer, author, and businessman who served as the 71st Governor of Massachusetts, from 2007 to 2015. He was first elected in 2006, succeeding Mitt Romney who chose not to run for reelection. He was reelected in 2010 and is the only African American to date to have served as Governor of Massachusetts. A Democrat, Patrick previously served from 1994 to 1997 as the United States Assistant Attorney General for the Civil Rights Division under President Bill Clinton.

Energy drink Type of beverage containing stimulant drugs such as caffeine and marketed as providing mental and physical stimulation

An energy drink is a type of drink containing sugar and stimulant compounds, usually caffeine, which is marketed as providing mental and physical stimulation. They may or may not be carbonated and may also contain other sweeteners, herbal extracts, taurine, and amino acids. They are a subset of the larger group of energy products, which includes bars and gels, and distinct from sports drinks, which are advertised to enhance sports performance. There are many brands and varieties in this drink category.

While the proposed expansion of the bottle bill includes provisions for both deposits paid by consumers as well as handling fees paid by industry, a portion of deposits paid are expected to remain unredeemed. These forfeited deposits are paid into the Commonwealth's General Fund. Revenue from unclaimed deposits has been estimated to be around $34 million per year, prompting Governor Patrick to propose dedicating $6.5 million of this new revenue to the state's Department of Environmental Protection recycling and solid waste program. [3] Under the proposed ballot initiative, the forfeited deposits would be directed to environmental programs.

Beverage containers make up around 15% of the waste stream in Massachusetts. [4] According to the Massachusetts Executive Office of Energy and Environmental Affairs, updating the deposit law to expand the scope of coverage to include water, coffee-based drinks, juices and sports drinks is expected to increase the number of bottles recycled annually from 600 million (40%) to 1.2 billion (80%). [5]

A Massachusetts Department of Environmental Protection (MassDEP) analysis of the impacts of an expanded Bottle Deposit Law for municipalities found that such an expansion would save municipalities between $4.2 and $6.9 million annually in litter abatement and avoided collection, disposal and recycling costs. [1]

In order to address cost concerns by opponents to a proposed amendment, MassDEP conducted a survey in July 2011, to assess whether amendments to the existing Bottle Deposit Law (BDL) might lead to negative impacts on consumer prices, choice and retailer costs. The results of this survey suggest that the BDL results in no difference in beverage prices for consumers; no difference in consumer choice; and that sufficient infrastructure and capacity exists to handle the anticipated increase in the volume of beverage containers processed should the law be expanded. [6] A 2011 study by Jeffrey Morris, Ph.D., and Clarissa Morawski for the Container Recycling Institute found that expansion of the Bottle Deposit Law would result in net gains in domestic jobs. [7]

2011 and 2013 attempts

In 2011, an update passed the Massachusetts Senate as a provision to the so-called "Jobs Bill." In 2013, an update passed the Massachusetts Senate as part of the state budget. Neither time was the bottle bill update taken up, or passed by the Massachusetts House of Representatives.

2014 referendum

A referendum on the ballot in November 2014, concerned whether to expand the bill to cover containers for some non-carbonated beverages. This would address growing concern over the nearly 1.4 billion containers not covered by existing legislation that are found in litter and landfill waste. [5] The goal of the initiative petition that placed the measure on the ballot was to broaden the scope of beverage types requiring a deposit in order to be more responsive to consumer preferences as well as establishing a mechanism for stabilizing the recycling industry by tying the handling fees paid to redemption centers to the Consumer Price Index. [8] Opponents argued that the change would increase costs and red tape for the beverage industry. [9]

The measure was supported by environmental organizations, notably the Sierra Club's Massachusetts Chapter and the Massachusetts Public Interest Research Group, along with 209 of the state's 351 municipalities. [9] It was opposed by the American Beverage Association and several grocery store chains, which raised nearly $8 million to campaign against it. [10] The proposed expansion was defeated, with more than 70 percent of the voters voting against it. [11]

Related Research Articles

Product stewardship is an approach to managing the environmental impacts of different products and materials and at different stages in their production, use and disposal. It acknowledges that those involved in producing, selling, using and disposing of products have a shared responsibility to ensure that those products or materials are managed in a way that reduces their impact, throughout their lifecycle, on the environment and on human health and safety. This approach focusses on the product itself, and everyone involved in the lifespan of the product is called upon to take up responsibility to reduce its environmental, health, and safety impacts.

Bottled water water sold as a bottled product

'''''''''''''Bottled water''''Bold text''''Bold text''''Bold text'''''''''''''''''''''' is drinking water packaged in plastic or glass water bottles. Bottled water may be carbonated or not. Sizes range from small single serving bottles to large carboys for water coolers.

Reuse of bottles waste management

A reusable bottle is a bottle that can be reused, as in the case as by the original bottler or by end-use consumers. Reusable bottles have grown in popularity by consumers for both environmental and health safety reasons. Reusable bottles are one example of reusable packaging.

Oregon Bottle Bill

The Oregon Bottle Bill is a container-deposit legislation passed in the U.S. state of Oregon in 1971 and amended in 2007 and 2011. It requires applicable beverages in applicable sizes in glass, plastic or metal cans or bottles sold in Oregon to be returnable with a minimum refund value. The Oregon legislature has given the Oregon Liquor Control Commission the authority to administer and enforce the Bottle Bill. A private group of deposit initiating distributors called the Oregon Beverage Recycling Cooperative administers the collection and transportation of containers with deposit.

Coca-Cola Amatil Beverage company

Coca-Cola Amatil Limited (CCA) is one of the largest bottlers of non-alcoholic ready-to-drink beverages in the Asia-Pacific region and one of the world's five major Coca-Cola bottlers. CCA operates in six countries – Australia, New Zealand, Indonesia, Papua New Guinea, Fiji and Samoa.

PepsiCo American food and beverage company

PepsiCo, Inc. is an American multinational food, snack, and beverage corporation headquartered in Harrison, New York, in the hamlet of Purchase. PepsiCo has interests in the manufacturing, marketing, and distribution of grain-based snack foods, beverages, and other products. PepsiCo was formed in 1965 with the merger of the Pepsi-Cola Company and Frito-Lay, Inc. PepsiCo has since expanded from its namesake product Pepsi to a broader range of food and beverage brands, the largest of which included an acquisition of Tropicana Products in 1998 and the Quaker Oats Company in 2001, which added the Gatorade brand to its portfolio.

Reverse vending machine sensor-based machine for sorting and recycling

A reverse vending machine is a device that accepts used (empty) beverage containers and returns money to the user. The machines are popular in places that have mandatory recycling laws or container deposit legislation. In some places, bottlers paid funds into a centralized pool to be disbursed to people who recycled the containers. Any excess funds were to be used for general environmental cleanup. In other places, such as Norway, the state mandated that a vendor pay for recycled bottles, but left the system in the hands of private industry.

Glass recycling

Glass recycling is the processing of waste glass into usable products. Glass that is crushed and ready to be remelted is called cullet. There are two types of cullet: internal and external. Internal cullet is composed of defective products detected and rejected by a quality control process during the industrial process of glass manufacturing, transition phases of product changes and production offcuts. External cullet is waste glass that has been collected and/or reprocessed with the purpose of recycling. External cullet is classified as waste. The word "cullet", when used in the context of end-of-waste, will always refer to external cullet.

California Redemption Value (CRV), also known as California Refund Value, is a regulatory fee paid on recyclable beverage containers in California. The fee was established by the California Beverage Container Recycling and Litter Reduction Act of 1986, and since 2010 the program has been administered by the Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle).

Recycling in Canada

This article outlines the position and trends of recycling in Canada. Since the 1980s, most mid to large municipalities in most provinces have recycling programs. As of 2012, Canada has a recycling rate around 26.8%

Tennessee Bottle Bill

The Tennessee Bottle Bill is citizen-supported container-deposit recycling legislation, which if enacted will place a 5-cent deposit on beverage containers sold in Tennessee. The bill applies to containers made of aluminum/bimetal, glass or any plastic, containing soft drinks, beer/malt beverages, carbonated or non-carbonated waters, plain or flavored waters, energy drinks, juices, iced teas or iced coffees. Milk/dairy, nutritional drinks and wine and spirits are not included in the program.

Container deposit legislation in the United States

There are ten states in the United States with container deposit legislation, popularly called "bottle bills" after the Oregon Bottle Bill, the first such legislation that was passed. Efforts to pass container deposit legislation in states that do not have them are often politically contentious. The U.S. beverage container industry—including both the bottles of water, soda, beer, and the owners of grocery stores and convenience stores—often spends large amounts of money in the United States lobbying against the introduction of both new and amended beverage container deposit legislation.

Canned water

Canned water is drinking water, including spring water, purified water, carbonated water and mineral water, packaged in tin cans or beverage cans.

Container deposit legislation in Australia

Container deposit legislation (CDL) also known as a Container Deposit Scheme (CDS) is a scheme that was first implemented in South Australia in 1977 and over the decades has spread to the Northern Territory in 2012, New South Wales in 2017, the Australian Capital Territory in June 2018 and Queensland in November 2018. Western Australia has announced plans for a scheme commencing in June 2020. Tasmania has also recently announced a scheme will be in place by 2022.

2014 Massachusetts ballot measures

Four statewide ballot measures are certified for the 2014 ballot in the state of Massachusetts.

Infinitum AS

Infinitum AS, former Norsk Resirk AS, is a corporation that operates the national paid recycling scheme for bottles and cans marked with the official "recyclable" or "deposit" logo in Norway. The beverages containers included in the program are the ones made of aluminum, steel and plastic (PET) produced in or imported to the country. The deposit scheme for certain one-way containers is mandatory in Norway by law.

Massachusetts Expansion of Bottle Deposits Initiative

The Massachusetts Expansion of Bottle Deposits Initiative was an unsuccessful initiative voted on in the Massachusetts general election held on November 4, 2014. It was one of four 2014 ballot measures put to public vote.

The history of bottle recycling in the United States has been characterized by four distinct stages. In the first stage, during the late 18th century and early 19th century, most bottles were reused or returned. When bottles were mass-produced, people started throwing them out, which led to the introduction of bottle deposits. However, during the second stage, after World War II, consumption patterns changed and nonreturnable containers became popular, which littered the environment. Some states implemented "bottle bills" that instituted deposits. The beverage-container industry first implemented private recycling programs and then pushed for municipal curbside recycling as an alternative to "bottle bills". More recently, PET bottles have largely replaced other materials. The United States used to be the front-runner when it came to recycling PET, but European countries have since outpaced the US.

References

  1. 1 2 "Municipal Benefits of an Expanded Bottle Bill". Massachusetts Executive Office of Energy and Environmental Affairs. Archived from the original on 2013-05-02.
  2. DEP. "Site Help - MassDEP". Energy and Environmental Affairs. Retrieved 27 January 2016.
  3. "Expanding the Bottle Bill". Massachusetts Executive Office of Energy and Environmental Affairs. Archived from the original on 2013-05-02.
  4. "An analysis of the Massachusetts Waste Characterization Studies as reported by the Massachusetts Department of Environmental Protection" (PDF). Massachusetts Sierra Club.
  5. 1 2 "Update the Bottle Bill". Massachusetts Coalition to Update the Bottle Bill.
  6. "Comparison of Beverage Pricing, Consumer Choice and Redemption System Performance in Massachusetts and Neighboring States" (PDF). Massachusetts Executive Office of Energy and Environmental Affairs.
  7. Jeffrey Morris, Ph.D. and Clarissa Morawski. "Returning to Work" (PDF). Container Recycling Institute.
  8. "Initiative Petition Information Sheet" (PDF). Commonwealth of Massachusetts Office of the Attorney General.
  9. 1 2 Faulkner, Tim (October 20, 2014). "Big Money, False Claims Cloud Bottle Bill Question". ecoRI News. Archived from the original on November 1, 2014. Retrieved 2014-11-30.
  10. Schoenberg, Shira (October 14, 2014). "Massachusetts bottle bill fight seen through dueling TV ads". MassLive.com. Archived from the original on December 1, 2014. Retrieved 2014-11-30.
  11. Dorfan, Jessica; Tajuddin, Inaara (November 5, 2014), "Mass. activists groups respond to results of ballot questions", The Daily Free Press , retrieved 2014-11-30