Bottle Bill Resource Guide

New Jersey 2016

Assembly Bill 2281

Bill Number and Name New Jersey Assembly Bill 2281
The “Smart Container Act” – Proposed Container Deposit Legislation
Primary Sponsor Assemblywoman Valerie Huttle

Activity

04/04/2016 Scheduled hearing with Environmental and Solid Waste Committee
02/04/2016 Introduced, referred to the Assembly Environmental and Solid Waste Committee

Summary

This bill will enact a beverage container redemption program in which consumers can refund empty, recyclable bottles (for example: glass containers, aluminum cans, plastic water bottles, etc.) to redemption centers for a specific value.

Beverages Covered

  • Carbonated
  • Noncarbonated
  • Beer and Wine
  • Non-alcoholic

Excluded Beverages

  • Milk
  • Non-dairy alternative
  • Liquor

Deposits and Fees

An empty container with the volume of equal to or more than 8 oz and less than 24 oz will have a refund value of 10 cents. An empty container with the volume of equal than or more than 24oz and less than one gallon (or 3.8 L), will have a refund value of 20 cents.

  • Distributors pay the initial deposit on each full beverage container to be sold in New Jersey
  • 75% of unredeemed/unclaimed deposits will be deposited into an environmental fund; 25% redistributed to retailers and redemption centers by the NJ state treasurer as reimbursement

Redemption System

Return to retail and redemption center- redemption centers must make cash refunds to consumers and retailers

Penalties

Violations of this law may be punished by civil action commenced by a local board of health, a health department, or the commissioner and can be liable for a penalty of no more than $500 per day.

  • Each day that the violation continues, it will be constituted as an additional, separate and distinct offense proceeded through a separate Penalty Enforcement Law

The 2010-2011 New Jersey Campaign

The 2010-2011 New Jersey Smart Container Act is identical to A131 of the 2008-2009 Legislative session.

Bill Number A930, the Smart Container Act (Identical to S1467)
Primary Sponsor Assemblywoman Valerie Vainieri-Huttle LD37 (D-Bergen)
Containers Covered Every container containing the beverages below. All containers must be marked with a "smart bar code" to identify it as being sold in the state
Beverages Covered All carbonated and noncarbonated ready-to-drink beverages excepts except milk, milk substitutes, medicines, and alcoholic beverages
Deposits 10¢ (8-24 oz.)
20¢ (24oz - 1gal)
Handling Fees none
Other Fees / Taxes none
Reclamation System Return-to-retail, unless retailer is served by a licensed redemption center
Unredeemed Deposits Become part of the state's Smart Container Fund. 25% go back to retailers and redemption centers to defray administrative costs. 75% retained by the state for administration, public education and enforcement programs, and to provide grants for environmental projects

 

Details

The 2010 bottle bill in New Jersey, as introduced, is identical to the bill introduced last legislative session, although it is likely to be amended to make it more palatable to the opposition. It will face a challenge this year, in that the newly elected governor, Christopher Christie, a pro-corporate Republican, is fundamentally opposed to deposits.

New Jersey's Smart Container Act basically requires a 10¢ and 20¢ deposit on all personal beverage containers and establishes a redemption process for the state of NJ.  The bill was modeled primarily after Michigan which has 10¢ deposits, but includes aspects from the ten other bottle bill states.  As in Michigan the Smart Container Act has two key provisions: 

 1. The proposal's escheat provision requires that 75 percent of the unclaimed deposits would be kept by the State while the other 25 percent would be redistributed proportionately to retailers and redemption centers by the State Treasurer for handling costs, based on the total number of beverage container redeemed as provided in the certified monthly reports.  

2. The State's unclaimed deposits would be deposited in an environmental fund to defray the costs of administration, public education and enforcement programs, and to provide grants for various environmental projects, including land preservation, litter cleanup and public area beautification activities. 

As of January 31, 2011, the bills were still in committee after being introduced the previous year. According to David Yennior of Sierra Club:

Bills don't move unless there is a signal from the governor that he will sign something. Governor Christie has not indicated a willingness to impose what he considered a tax when he was a candidate. I get calls from all over the country from recyclers who want to set up business in New Jersey. The Smart Container Act would generate much needed employment in the private sector. The unclaimed deposits would probably generate hundreds of millions of dollars for the State. In addition, local governments would be relieved of recycling costs for most beverage containers. NJ Sierra is not giving up on this.  We are asking County Freeholders to sign resolutions in favor of the bills.

 

Progress

January 13, 2010: Introduced and referred to Assembly Environment and Solid Waste Committee

February 22, 2010: Senate bill introduced and referred to Senate Environment and Energy Committee

Contacts

Valerie Vaineri-Huttle, Primary sponsor
(201)-541-1118 (Englewood)
(201)-928-0100 (Teaneck)
Contact Your Legislator(s)

David Yennior
NJ Sierra Recycling Issue Coordinator
PH: 973-844-1384
FX: 973-844-1121
This email address is being protected from spambots. You need JavaScript enabled to view it.

The 2008-2009 New Jersey Campaign

Modeled after Michigan's deposit law, the Smart Container Act takes the best of the nation's bills and will become a model legislation for other states as a tool to double recycling rates, reclaim precious natural resources, reduce global warming, reduce litter in our waterways, beaches, and roadsides.

Bill Number A121, the Smart Container Act
Primary Sponsor Assemblywoman Valerie Vainieri-Huttle LD37 (D-Bergen)
Containers Covered Every container containing the beverages below. All containers must be marked with a "smart bar code" to identify it as being sold in the state
Beverages Covered All carbonated and noncarbonated ready-to-drink beverages excepts except milk, milk substitutes, medicines, and alcoholic beverages
Deposits 10¢ (8-24 oz.)
20¢ (24oz - 1gal)
Handling Fees none
Other Fees / Taxes none
Reclamation System Return-to-retail, unless retailer is served by a licensed redemption center
Unredeemed Deposits Become part of the state's Smart Container Fund. 25% go back to retailers and redemption centers to defray administrative costs. 75% retained by the state for administration, public education and enforcement programs, and to provide grants for environmental projects

 

Details

New Jersey's Smart Container Act basically requires a 10¢ and 20¢ deposit on all personal beverage containers and establishes a redemption process for the state of NJ.  The bill was modeled primarily after Michigan which has 10¢ deposits, but includes aspects from the ten other bottle bill states.  As in Michigan the Smart Container Act has two key provisions: 

 1. The proposal's escheat provision requires that 75 percent of the unclaimed deposits would be kept by the State while the other 25 percent would be redistributed proportionately to retailers and redemption centers by the State Treasurer for handling costs, based on the total number of beverage container redeemed as provided in the certified monthly reports.  

2. The State's unclaimed deposits would be deposited in an environmental fund to defray the costs of administration, public education and enforcement programs, and to provide grants for various environmental projects, including land preservation, litter cleanup and public area beautification activities. 

The Smart Container Act takes the best of the nation's bills and will become a model legislation for other states as a tool to double recycling rates, reclaim precious natural resources, reduce global warming, reduce litter in our waterways, beaches, and roadsides.

Enacting this Bill will be a tremendous political challenge, as the retailers association and beverage industry routinely invest millions of dollars to oppose deposit legislation.  However, the industry must become part of the solution and municipalities will save tax dollars by being relieved of a considerable portion of the recycling responsibility.

People and institutions are resistant to change, but with dismal recycling rates in New Jersey, a budget crisis looming, and will Global Warming new strategies must be enacted.

In 2009, Everyone in NJ is concerned about budget deficits.  The bottle bill would bring money into the state tax base and help the economy.  But that is something that the leaders of the Assembly & Senate don't understand yet.

Assemblywoman Huttle's is the prime sponsor of the bill and is determined, but this is election year, so the Smart Container Act may have to wait until November when she and the other assembly supporters are re-elected.

 

Progress

January 8, 2008: The bill was Introduced and referred to Assembly Environment and Solid Waste Committee

May 12, 2008: The NJ Assembly’s Environment and Solid Waste Committee held an invitation-only hearing to hear expert testimony

Contacts

Valerie Vaineri-Huttle, Primary sponsor
(201)-541-1118 (Englewood)
(201)-928-0100 (Teaneck)

David Yennior
NJ Sierra Recycling Issue Coordinator
PH: 973-844-1384
FX: 973-844-1121
This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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