Colorado Legislature Introduces Bottle Bill

The Colorado Legislature introduced a bill late last month seeking to implement  beverage can deposit legislation.

The House Bill 04-1275, was sponsored by five state representatives and two state senators. After being introduced the bill was passed to the House Committees on Information & Technology and Finance.

The bill calls for the creation of a return deposit beverage container program to be implemented by July 1, 2006. The bill would require beverage distributors to pay a deposit beverage container fee on each beverage and deposit beverage container, beginning Oct. 1, 2004.

The bill also would prohibit a county or local government from imposing or collecting a fee on deposit beverages for a similar purpose.

The bill also would require distributors to register with the department of local affairs department, as well as require distributors to maintain records regarding the manufacture, importation, and exportation of beverage and deposit beverage containers (containers) and make such records available to the department.

If passed, the bill also would create the deposit beverage container fund to consist of container fees, deposits, and interest for the purpose of funding the program. The bill also would appropriate 40 percent of the money in the fund resulting from any unredeemed deposit refund values to the Colorado commission on higher education for allocation to student financial assistance.

Allows the department to contract the services of a third party to administer the program. Requires the state auditor to conduct an audit of the program on or before July 1, 2007. Requires the department to adopt rules to implement the program.

The deposit would call for a refund value of $.10. Requires each distributor to charge each dealer or consumer a deposit on each container sold.

Requires a retailer to redeem deposits unless the retailer is located within 2 miles of a redemption center in a highly populated area; is located in a rural area; sells refundable containers through vending machines only; or has less than 5,000 square feet of retail space.

Requires redemption centers to apply for certification by the department. Requires redemption centers to ensure that each collected container is recycled. Allows redemption centers to use reverse vending machines for the purpose of redeeming deposits. Directs the department to pay each redemption center a handling fee of not less than the prevailing container fee in addition to the refund value of each redeemed container.

Allows the department and the state auditor to inspect the records of distributors, dealers, redemption centers, and recycling facilities.

Requires the department to convene an advisory committee to aid in the implementation of the program.

At the present time bottle bills are in place at around a dozen states.