Tennessee's 2008 Container Deposit Legislation CRITICAL SENATE HEARING TUESDAY, APRIL 29, AT 12:30 P.M. CDT!
Local Government Subcommittee of the To call toll-free, dial 800-449-8366, then, when
prompted, **Addresses are either LP (Legislative Plaza) For more contact information, go to www.legislature.state.tn.us
Senate Environment, Conservation and Tourism Committee To call toll-free, dial 800-449-8366, then, when
prompted, **Addresses are either LP (Legislative Plaza) For more contact information, go to www.legislature.state.tn.us
The Path to a Bottle Bill: February 2003: 103rd General Assembly (2003-2004): State Rep. Russell Johnson (R-Loudon) files Tennessee's first bottle bill since 1993. It is modeled largely after that of Hawaii, and is carried in the Senate by Sen. Randy McNally (R-Oak Ridge). It's a good bill, but with little outside support, it goes nowhere. November 2004: At the request of new board member Marge Davis, Scenic Tennessee endorses the proposed bill and authorizes Marge to approach Rep. Johnson and Sen. McNally, offering to help promote the bill. Scenic Tennessee launches the Tennessee Bottle Bill Project and soon begins a public education and media campaign. February 2005: 104th General Assembly (2005-2006): The bill is again introduced by Rep. Johnson and Sen. McNally. In the Senate the bill is referred, logically, to the Senate Environment, Conservation and Tourism Committee. But in the House, it is referred, illogically, to the Local Government Subcommittee of the House State and Local Government Committee. This placement apparently owes to the fact that the bill will mean the end of $5 million in beverage taxes which fund the county litter grants as well as Keep Tennessee Beautiful. Rep. Johnson comes up with an ingenious solution: the bill will replace the $5 million in tax money with $10 million of the unclaimed deposits, and so keep the litter grants alive. However, it is too late to write this into the bill, and opponents, especially certain affiliates of Keep Tennessee Beautiful, continue to insist that "the bottle bill will mean the end of the litter grants." April 13, 2005: The bill comes before the Local Government Subcommittee of the House State and Local Government Committee. Although supporters are aware that they lack the votes for passage out of subcommittee, Rep. Johnson intends merely to give a brief presentation on the bill's merits, after which he will ask to "roll" the bill to 2006. One of Johnson's fellow Republicans, Knoxville Rep. Harry Brooks, moves to discuss the bill. However, in a rather awkward moment of averted eyes and lowered heads, none of his fellow legislators seconds the motion. Subcommittee chair Edith Langster declares the bill "fail[ed] for lack of support." Members who were present and eligible to second were Ulysses Jones, Randy Rinks, Park Strader, Harry Tindell, Ben West and Eddie Yokley. Rep. Curry Todd had excused himself from the room shortly before the vote. As chair, Edith Langster can neither make nor second motions. April 20, 2005: The bottle bill finally moves to the head of the calendar of the Senate Environment, Conservation and Tourism Committee. Like Rep. Russell before him, sponsor Sen. Randy McNally intends merely to give a presentation on the bill's merits, after which he intends to ask that it be referred for study without an up-or-down vote. Instead, committee chairman David Fowler asks Sen. McNally if he intends to withdraw the bill, given that it had already been rejected in the House. Sen. McNally replies that he does not wish to withdraw the bill but does wish to have it referred for study. There appears to be some confusion as to which type of study is being requested (whether a comptroller's independent study or a multi-member task force). Chairman Fowler suggests that he and Sen. McNally clear the matter up later, and the brief hearing is over. By late spring, it has become clear to both sponsors that the wisest route is to withdraw the bill altogether and file a new, significantly improved version for 2006. Scenic Tennessee continues to promote the bill to citizen groups, county commissions, the media and so on. Meanwhile, lobbyists for Tennessee Conservation Voters and the Sierra Club decide that container-deposit legislation will be one of their lobbying priorities in 2006. They, Scenic Tennessee and other activists begin meeting periodically. October 2005: Rep. Johnson offers to use his campaign funds to take fellow legislators to Maine to learn about their bottle bill. There are few takers, and the legislative trip is canceled. However, Rep. Johnson and Marge Davis decide to make the trip themselves. November 2005: Scenic Tennessee hosts a reception for winners of "Message In The Bottles," a photo contest on the subject of container litter. Winning images are used widely in the campaign and displayed at Legislative Plaza. Also in November, Marge organizes "XMarks the Spot," a statewide litter survey designed to refute the opposition argument that beverage containers make up a small portion of litter. The survey results prove what supporters have observed and that other states' surveys have found: that bottles and cans make up about half of roadside litter in Tennessee. December 2005: Rep. Johnson, his legal aide John Sanchez and Tennessee Bottle Bill Project Coordinator Marge Davis spend four days in Maine meeting with and videotaping various stakeholders, including grocers, redemption-center owners, recyclers, government officials, nonpofit groups and so on. Using information learned in these meetings, Johnson and McNally revise the bottle bill. Meanwhile, Marge Davis turns the videotaped footage into a 25-minute DVD that she shows to legislators and others. February 2006: Rep. Johnson and Sen. McNally introduce their substantially improved 2006 bottle bill. There are two versions, but in the end they decide to go with the version that exempts all retailers from having to take back empty containers. The task of redemption is explicitly given to voluntary "redemption centers." Redemption centers may be operated by individuals, county and local governments, organizations and retailers. The bill also explicitly gives $10 million of the unclaimed deposits to the litter-grants program. Nonetheless, certain Keep Tennessee Beautiful affiliates continue working actively to undermine the bill. March 29, 2006: HB 3350 makes a quick stop in front of the House Government Operations Committee. (This committee decides if the rulemaking processes called for in a bill are reasonable.) There is only one dissenting vote, that of Rep. Barbara Cooper of Memphis. April 19, 2006: Following presentations by Rep. Johnson and two convenience-store executives, the House Local Government Subcommittee votes 8 to 1 against the bill. Rep. Ben West casts the single vote in favor of the bill. The Senate version dies in consequence. Over the coming months, Sierra Club lobbyist Mike Murphy works out a new provision designed to appeal to farmers. He proposes to amend the 1976 Agricultural, Forest and Open Space Land Act (dubbed the Greenbelt Law) to increase from 1,500 to 2,000 acres the amount of undeveloped land on which a landowner can qualify for a reduced tax rate. In order to compensate local governments for any resulting losses in tax revenue, he also proposes to alllot $5 million of the unclaimed deposits. Meanwhile, the Tennessee Bottle Bill Project changes its name to the more expansive Pride of Place (POP), emphasizing the social, community and economic benefits of the bill as well as its environmental ones. In November, Rep. Russell Johnson wins election as district attorney for the Ninth Judicial District, with a landslide 74 percent of the vote. February 8, 2007: 105th General Assembly (2007-2008): The better-than-ever 2007 bottle bill is filed in the Senate as SB 1408 with Sen. Tommy Kilby as primary and Randy McNally as cosponsor. With Republicans now in control of the Senate, Sen. McNally has been made chair of the Finance, Ways and Means Committee and feels he should not be the lead on the bill. Sen. Kilby soon withdraws as sponsor in deference to a supporter who owns a chain of convenience markets; he is replaced by Sen. Doug Jackson (D-Dickson). February 15, 2007: HB 1829 is filed in the House by Rep. Mike Turner (D-Old Hickory). Though the bill has lost the leadership of Russell Johnson, it has gained numerous cosponsors. Supporters launch "POP Means Business," lining up business endorsements as well as potential redemption-center owners. Throughout March and April, supporters drum up grassroots support, meet with legislators and enlist new sponsors. May 2007: With 14 sponsors signed on and the bill gaining ground steadily (but not yet ready to be put to a vote), supporters and sponsors agree to roll the bill to 2008. This means the 2007 bill will remain in the pipeline, unchanged and ready for action when the legislature reconvenes in January 2008. "Rolling" is possible because the Tennessee legislature operates in two-year cycles, known as General Assemblies. The 2007-2008 cycle is the 105th General Asembly. It will also, God willing, be the General Assembly that brings a bottle bill to the good people of Tennessee! Summer/fall 2007: Supporters meet with key legislators and support groups; Marge Davis rides her bike 855 miles across Tennessee to raise visibility and awareness and generate press coverage. April 9, 2008: The bill, now with 16 sponsors, begins its way throughthe legislative gamut with a tough hearing before the Senate Government Operations Committee. Marge Davis testified for the bill; well-paid anti-bottle bill consultant Kevin Dietly testified against it. Dietly, a principal at Northbrige Environmental in Westford, Mass., has been providing anti-bottle-bill research and testimony--most of it misleading, selective or outdated--for the beverage and grocery industries for more than 15 years. Senators Dewayne Bunch, Jack Johnson and Bo Watson were prepared to vote against recommendation, while Senators Thelma Harper, Beverly Marrero and Michael Williams were prepared to vote for recommendation. (Senators Rusty Crowe, Ophelia Ford and Paul Stanley were absent.) Without a majority, the choice was to vote either for "no recommendation" or "neutral recommendation." In the end, the vote was 2 ayes (Harper and Marrero), 0 noes and 4 pass-no-vote (Bunch, Johnson, Watson, Williams). Officially the vote is recorded as "recommended for passage" by a vote of 2 to 0. April 22, 2008: After some squabbling, the House Government Operations Committee defers the bill to Wednesday, April 30. April 23, 2008: The bill is due to be be heard by the Senate Environment, Conservation and Tourism Committee at 1 p.m. However, two days before the hearing, legendary comptroller William R. Snodgrass dies, and the Legislature announces that it will suspend activity from noon until 2:30 on the 23rd to attend his funeral. The bottle bill is deferred to Tuesday, April 29, at 12:30. April 29, 2008: The bill is due to be heard by the Senate Environment, Conservation and Tourism Committee at 12:30 p.m. Supporters are urged to be on hand! April 30, 2008: The bill is due to be heard by the House Government Operations Committee at 9:30 a.m. |
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