February 6th, 2013 GPI State Legislative Update Arizona Senate Bill 1429 Author: Jackson, Introduced 2/5/2013 Summary: This bill would create a beverage container deposit refund program for the state. A 5-cent refundable deposit would be required on carbonated soft drinks, malt beverages, beer, waters and other non-carbonated drinks, including wine and liquor containers. This legislation also sets up redemption centers, lays out requirements for retailers and contains provisions for the inclusion of Reverse Vending Machines (RVMs). Aseptic packaging would not be included among the covered containers. For any beverage container that has a scrap value that is less than the cost of recycling that container, the DEQ shall assess a processing fee on each container. STATUS: 2/5/2013 To First Senate Reading Arizona Senate Bill 1358 Author: Hobbs, Introduced 2/1/2013 Summary: This bill would prohibit the manufacture or sale of child or infant care products that contain BPA beginning January 1, 2015. The least toxic alternative must be used in place of BPA after that time. STATUS: 2/5/2013 Received Second Senate Reading California Assembly Bill 153 Author: Bonilla, Introduced 1/18/2013 Summary: AB 32 requires the State Air Resources Board to adopt regulations to require the reporting and verification of emissions of greenhouse gases and to monitor and enforce compliance with the reporting and verification program. AB 32 also requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. Additionally, AB 32 also authorizes the state board to include the use of market-based compliance mechanisms. This bill, if the state board uses its authority to include the use of market-based compliance mechanisms, would require the state board, on or before January 1, 2014, to adopt a specified process for the review and consideration of new offset protocols and, commencing in 2014 and continuing annually thereafter, use that process to review and consider new offset protocols. STATUS: 1/24/2013 1
Referred to the Assembly Committee on Natural Resources Connecticut Senate Bill 551 Author: Witkos, Introduced 1/24/2013 Summary: This bill would exempt bottles shipped to on-premise only establishments from requirements of the state s container deposit refund program. Status: 1/24/2013 Referred to the Joint Committee on the Environment Connecticut Senate Bill 16 Author: Bye, Introduced 1/9/2013 Summary: This bill would require all food and drink packaging containing BPA to be labeled as such. STATUS: 1/22/2013 Granted future consideration, full draft of legislation to be outlined Hawaii Senate Bill 127 Author: Keith-Agaran, Introduced 1/24/2013 Summary: Concerning the state s container deposit refund program, this bill would increase the size of a deposit glass beverage container from sixtyeight to one hundred twenty-eight fluid ounces. It would also add building materials as a purpose under the glass recovery program and include wine, spirits, milk and other dairy-derived products to the definition of covered beverages, effective January 1, 2014. STATUS: 1/28/2013 Passed First Senate Reading Referred to Senate Committees on Energy, Health & Ways and Means Hawaii HB 1062 is companion legislation. Hawaii House Bill 396 Author: Mizuno, Introduced 1/22/2013 Summary: This bill would prohibit the manufacture, sale, or distribution of reusable drink and food containers intended for use by children under three and containing BPA. It would also require manufacturers to use the least toxic alternatives to BPA, effective July 1, 2013. STATUS: 2/5/2013 Passed Second Reading in House Consumer Protection and Commerce Committee Hawaii House Bill 854 Author: Souki, Introduced 1/24/2013 Summary: This bill would levy a $1.28 per gallon tax on distributors for all sugarsweetened beverages, in both container and syrup form. Funds would be placed into an obesity prevention program fund. STATUS: 1/24/2013 Passed First Reading, Referred to Health, Finance and Consumer Protection and Commerce Committees Hawaii SB 646 is companion legislation. Hawaii House Bill 899 Author: Souki, Introduced 1/24/2013 Summary: This bill would prevent borrowing from the state s beverage container deposit refund program for use by the General Fund. STATUS: 2/4/2013 Passed First Reading, to be heard by the House Energy and Environmental Committee - Hawaii SB 1130 is companion legislation. Hawaii House Bill 900 Author: Souki, Introduced 1/24/2013 Summary: This bill would require an advanced disposal fee beginning January 1, 2014, in the amount of three cents per glass container for those containing 2
twelve ounces or less and six cents per glass container for those containing greater than twelve ounces. The glass advance disposal fee would only apply to glass containers that are not current covered by the state s container deposit refund program. STATUS: 2/4/2013 Passed First Reading, to be heard by the House Energy and Environmental Committee. SB 1131 is companion legislation. Hawaii House Bill 902 Author: Souki, Introduced 1/24/2013 Summary: This bill would remove the exemption for dietary supplements from the beverage container deposit refund program. STATUS: 1/31/2013 Passed a hearing in the Energy and Environmental Protection Committee - Hawaii SB 1133 is companion legislation. Hawaii Senate Bill 24 Author: Gabbard, Introduced 1/17/2013 Summary: This bill would amend the definition of "deposit beverage" to include dietary supplements that contain caffeine or carbonated water subject to the beverage container deposit refund program. STATUS: 1/31/2013 Senate Committee on Energy Deferred the Bill Hawaii House Bill 1021 Author: Har, Introduced 1/22/2013 Summary: This bill would require the Director of Health (DOH) to set the deposit beverage container fee at one cent per container until DOH addresses all of the recommendations of the auditor pursuant to the State of Hawaii Deposit Beverage Container Deposit Special Fund Financial and Program Audit of 2010. STATUS: 1/28/2013 Passed First Reading, Referred to the Energy and Environmental Protection, Finance and Health Committees Hawaii House Bill 351 Author: Lowen, Introduced 1/22/2013 Summary: This bill would prohibit the manufacture, sale, or distribution of childcare products and toys for young children that contain BPA or phthalates beginning January 1, 2014. This bill would also prohibit the use of packages and packaging containing lead, cadmium, mercury, and hexavalent chromium beginning January 1, 2014. STATUS: 1/22/2013 Passed First Reading To the Consumer Protection and Commerce & Health Committees Hawaii Senate Bill 384 Author: Chun, Introduced 1/18/2013 Summary: Effective July 1, 2013, this bill would prohibit the manufacture, sale, or distribution of drink and food containers for young children containing BPA or phthalates. It would also require manufacturers to use the least toxic alternatives. STATUS: 1/22/2013 Passed First Reading, Referred to the Commerce and Consumer Protection & Health Committees Indiana House Bill 1071 Author: Baird, Introduced 1/7/2013 Summary: This bill would authorize a municipal legislative body to impose by ordinance a municipal food and beverage tax however, that tax may not exceed 1% of the gross retail income received from retail food and beverage 3
transactions, must not apply to a purchase that is exempt from sales tax and may not be in addition to any existing local food and beverage tax. Status: 1/31/2013 Referred to House Ways and Means Committee Iowa House Study Bill 73 Author: Dept. of Natural Resources, introduced 1/28/2013 Summary: This study bill would update the state s waste management policy. It would include reuse and combustion with energy recovery in the pollution prevention hierarchy and remove incineration from the hierarchy. STATUS: 1/30/2013 Referred to the Environmental Protection Committee Maryland Senate Bill 641 Author: Frosh, Introduced 2/5/2013 Summary: This bill would create a beverage container deposit refund program for the state. A 5-cent refundable deposit would be required on carbonated soft drinks, malt beverages, beer, waters and other non-carbonated drinks, including wine and liquor containers. This legislation also sets up redemption centers, lays out requirements for retailers and contains provisions for the inclusion of Reverse Vending Machines (RVMs). Aseptic packaging would not be included among the covered containers. The bill states a goal of 75% recovery of containers within the program by December 31, 2019. The Office of Recycling would assist counties in recycling and help to facilitate the exchange of information among stakeholders. STATUS: 2/5/2013 Referred to the Senate Committee on Education, Health, and Environmental Affairs and Finance Massachusetts Senate Draft 49 Author: Moore, Introduced 1/18/2013 Summary: This legislation would phase out the state s container deposit refund program, replacing it with a 1-cent fee paid by distributors and bottlers, which would be used to fund state recycling efforts. STATUS: 1/18/2013 - Filed Michigan House Bill 4051 Author: Kurtz, Introduced 1/22/2013 Summary: This legislation provides for civil and criminal penalties for persons, distributors and dealers who knowingly accept or return ineligible containers for deposit. STATUS: 1/23/2013 Referred to the Committee on Regulatory Reform New Hampshire House Bill 168 Author: Weed, Introduced 1/3/2013 Summary: This bill would increase the beer tax from $0.30 to $0.40, (per gallon) and dedicate the additional $0.10 to the state s alcohol abuse prevention and treatment fund. STATUS: 1/31/2013 Ways and Means Committee defers the bill for now. New York Senate Bill 719 Author: Grisanti, Introduced 1/9/2013 This bill would require source separation and disposal of recyclable materials. It would also prohibit transporters from commingling recyclables with other 4
materials and prevent incinerators and landfills from accepting recyclables. Status: 1/9/2013 Referred to the Senate Committee on Environmental Conservation NY AB 3754 is companion legislation. New York Senate Bill 872 Author: Grisanti, Introduced 1/9/2013 This bill would require the placement of one recycling receptacle for drink containers for every four waste receptacles on state owned property. Status: 1/9/2013 Referred to the Senate Committee on Environmental Conservation New York Assembly Bill 1936 Author: Engelbright, Introduced 1/9/2013 Summary: This bill would expand the state s container deposit refund program to include fruit juices, ice tea beverages, milk, wine and liquor. It would also require refillable beverage containers to be refilled and resold no less than twenty-five times. STATUS: 1/9/0213 Referred to the Assembly Committee on Environmental Conservation Pennsylvania House Bill 355 Author: McCarter, Introduced 1/29/2013 Summary: This bill would prohibit the manufacture, sale and distribution of any product that contains BPA at a level above 0.1 parts per billion (ppb), if the product is designed or intended primarily for use by infants or children four years of age or younger. Would require the safest alternative to be used. STATUS: 1/29/2013 Referred to the House Consumer Affairs Committee South Dakota House Bill Author: Feinstein, Introduced 1/28/2013 Summary: This bill would require any food packaging that contains BPA to display a label on the front of the package stating, "This package contains bisphenol A." STATUS: 1/29/2013 - Referred to the House Health and Human Services Committee South Carolina House Bill 3235 Author, Smith, Introduced 1/8/2013 Summary: This bill would create a beverage container deposit refund program for the state. A 5-cent refundable deposit would be required on carbonated soft drinks, malt beverages, beer, waters and other non-carbonated drinks. Wine and liquor would be excluded from coverage. This legislation also sets up redemption centers, lays out requirements for retailers and contains provisions for the inclusion of Reverse Vending Machines (RVMs). Aseptic packaging would not be included among the covered containers. The legislation also sets up a Committee to oversee the program and make recommendations to the legislature and agency. Committee members would be comprised of state officials and stakeholders. STATUS: 1/18/2013 Referred to the House Committee on Agriculture, Natural Resources and Environmental Affairs Tennessee House Bill 538 Author: Cooley, Introduced 2/4/2013 Summary: This bill would create a beverage container deposit refund program for the state. A 5-cent refundable deposit would be required on carbonated soft 5
drinks, malt beverages, beer, waters and other non-carbonated drinks. Wine and liquor would be excluded from coverage. This legislation also sets up redemption centers, lays out requirements for retailers and contains provisions for the inclusion of Reverse Vending Machines (RVMs). Aseptic packaging would not be included among the covered containers. STATUS: 2/4/2013 Introduced, Awaiting Committee Assignments TN SB 1168 is companion legislation. Tennessee House Bill 242 Author: Glimore, Introduced 1/30/2013 Summary: This bill would require that beginning July 1, 2013, all food packaging that contains BPA display a label on the front of the package stating, this package contains bisphenol A. STATUS: 1/30/2013 Introduced, awaiting Committee Assignment Tennessee SB 698 is companion legislation Tennessee Senate Bill 941 Author: Southerland, Introduced 1/31/2013 Summary: This bill would prohibit the landfilling of aluminum cans and plastic bottles. STATUS: 2/4/2013 Filed for introduction, awaiting introduction Tennessee HB 945 is companion legislation Vermont Senate Bill 65 Author: Pollina, Introduced -1/30/2013 Summary: This bill would expand the state s container deposit refund program to include all carbonated and non-carbonated beverages, as well as wine. The bill would also require beverage manufacturers and distributors to remit abandoned beverage container deposits to the state for deposit into a clean environment jobs fund established to provide grants and loans to businesses engaged in solid waste management or recycling. STATUS: 1/30/2013 Referred to the Committee on Natural Resources and Energy Wyoming House Bill 63 Author: Joint Minerals, Business and Economic Development Interim Committee, Introduced 1/12/2012 Summary: This bill would establish state primacy over GHG regulations and permitting this Act would pre-empt federal regulations from the EPA in these areas. STATUS: 1/28/2013 Passed Third House Reading 6