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December 12, 2006
Citizens group and mayor tout ‘bottle bill’
Mannix Porterfield
Register-Herald Reporter
CHARLESTON — A citizens group teamed with South Charleston Mayor Richie Robb
to tout the newest version Monday of a proposed beverage container bill as a
boon to the environment.
Under the measure, a 10-cent charge would be added to all glass, plastic and
metal containers filled with less than 1 gallon of beverages.
Such deposits, redeemable at recycling centers, are intended to discourage
wanton discarding of containers along West Virginia’s highways.
“The idea is people are less likely to throw these things out a car window,”
Senate lawyer Rita Pauley explained to members of Judiciary Subcommittee B.
Opposition came from the Association of Independent Professional Recyclers and
the Oil Marketers and Grocers Association.
Norm Steenstra, representing West Virginia Citizen Action Group, said the
industry has invested millions of dollars attempting to erase so-called “bottle
bills” in other states, but no one has repealed such an act.
Aside from environmental considerations, Steenstra said many organizations, such
as churches and volunteer fire departments, could benefit financially by turning
in empty containers.
“If each kid brought in a water bottle each day, that’s $5,000 to $6,000 going
into a library or a PTA every hear,” he told the panel.
But Greg Sayre, speaking for the professional recyclers, said the bill would
create a public-financed business to compete against those in the private
sector.
“It’s really a beverage control tax bill,” he told legislators, adding it would
be a $150 million revenue measure, the largest since Gaston Caperton was
governor.
“We have a very successful recycling business in West Virginia,” he said.
Robb, mayor of the 10th largest city in the state since 1975, said his town had
to hire three more employees and purchase a 2 1/2-ton truck to control litter
that largely consists of discarded containers.
“We have a beautiful state, and I think it (bill) would make it a lot cleaner,”
he said.
“We all have pride in it, and this is a way of showing it.”
Lawmakers watched a video presented by WVCAG’s Linda Frame highlighting the
“bottle law” on the books fully three decades in Maine.
A similar measure escaped the Senate Judiciary Committee last winter but failed
to get any further in the session. No action was taken by the judiciary
subcommittee on this one.
Under the latest version, deposits wouldn’t be subject to sales tax, nor would
they be counted for business and occupation tax. Deposits would be turned over
monthly to the state treasurer in a special fund. Redemption centers would be
paid 13 cents per container, based on collection inventories.
To administer the program, the treasurer would be limited to keeping $1 million.
The rest of the money would be put into a new “Community Litter Control Fund,”
interest and earnings from which would be used by the Department of
Environmental Protection to issue recycling grants.
All containers must bear the refund value, clearly marking them with West
Virginia, or an abbreviation.
Penalties are attached to the bill for violations. Turning in 25 to 100
containers a person knows lacked a deposit is a misdemeanor, punishable by a
maximum $100 fine. Offenses entailing more than 100 containers, and all second
offenses, can fetch a $500 fine. Those convicted would pay costs of prosecution
and of restitution.
Sayre said the program would create a nightmare in dealing with products sold in
neighboring states.
Afterward, Janet Vineyard, executive director of OMEGA, warned the measure would
be an additional burden on businesses and consumers alike.
“We consider it a tax,” she said. “You’re going to pay 10 cents additional for
every can, bottle that you purchase. West Virginia being a large border
community, with West Virginia having a large elderly community, that’s just an
additional burden on us.”
What’s more, Vineyard said the redemption centers, as the bill would create,
would force consumers to drive long distances to turn in containers.
OMEGA has been working with the Beckley-Raleigh County Chamber Commerce in its
“Make It Shine” effort in recycling and cleanup work, she pointed out.
“We think those are a whole lot better option,” Vineyard added.
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