The 2011 New Mexico Bill
|Bill Number and Name||House Bill 238, the Beverage Container Act|
|Primary Sponsor||Thomas A. Garcia|
|Beverages Covered||wine, alcoholic liquor, beer, mineral water, and other carbonated soft drinks|
|Containers Covered||sealed glass, plastic, or metal bottles, cans, jars or cartons|
|Handling Fees||1¢, paid by distributor to redemption center|
|Other Fees / Taxes|
|Reclamation System||Return to retail or redemption centers|
|Unredeemed Deposits||Retained by distributor|
In this bill, the beverage manufacturer is only the initiator of the deposit if they sell directly to dealers. In all other cases, the distributor is the first to charge a deposit.
Refillable glass containers with a deposit of 5¢ or more are exempt from the law, as are containers sold on commercial trains and planes.
The bill sets out provisions by which a person may establish a licensed redemption center. Dealers are exempt from issuing refunds if they are listed in an order approving a redemption center.
Special provisions are made for cans and other metal nonrefillable containers. If these containers are lawfully refused by a dealer or redemption center but the deposit value is still visible on the container, a person may still get their refund by taking the container to a special facility. These facilities must be established by beer distributors selling nonrefillable metal containers, at least one in each county, and more in cities with a population above 25,000
Plastic cans--containers made of both metal and plastic (excluding their closure mechanism) are prohibited for sale in the state. The bill also prohibits the landfilling of beverage containers covered by the Act.
The bill also establishes a fund designated for grants to improve independent redemption centers. Many deposit systems feature similar funds paid with unclaimed deposits. That is not the case in this bill. Rather, unclaimed deposits remain the property of the distributors, and funds for the grant program are only received through appropriation.
Violations and penalties are also laid out in the bill.
January 31, 2011: Introduced
The 2009 Campaign
|Bill Number and Name||Senate Bill 1, Beverage Container Recycling Act|
|Primary Sponsor||Michael S. Sanchez|
|Containers Covered||any airtight metal, glass, paper or plastic container or a container composed of a combination of these materials, up to 1 gallon|
|Beverages Covered||Water, carbonated beverages, beer, and mixed liquors|
|Other Fees / Taxes||None|
|Reclamation System||Return to retail or redemption center|
|Unredeemed Deposits||Paid to department of Environment at the end of the year|
To manage the funds from the deposit-refund system, the bill also sets up the "beverage container deposit fund" under the Department of Environment. "Proceeds from the fund may be used to operate recycling programs within the department of environment,, including programs that apportion amounts to each dealer on the basis of the number of empty returnable containers handled by a dealer."
In addition to establishing a deposit-refund system for nonrefillable containers, the bill also seeks to create guidelines for to facilitate and encourage the use of a refillables system, to be overseen by the environmental improvement board.
December 12, 2008: Introduced in House
February 3, 2009: Bill died in committee. Conservation committee recommended the bill not be passed, but substituted with a bill requiring communities to develop recycling programs.
The 2003 Campaign
|Bill Number and Name||Beverage Container Deposit Act, HB 72 Bill text unavailable|
|Primary Sponsor||Miguel Garcia (D)|
|Beverages Covered||beer, or other malt beverages|
Introduced January 22, 2003. To House Business and Industry Committee 3/22. Died upon adjournment
Rep. Miguel Garcia
Office Phone: 450-2455
Home Phone: 877-8131