; or (II) to mitigate the impacts of covered product waste to other commodities; and (ii) for each year thereafter, such percentage as the Administrator may establish, but not less than 10 percent, is used for the purposes described in clause (i); and (B) not less than 10 percent is used for— (i) cleanup activities under subsection (c)(1); and (ii) the removal of covered product or beverage container contaminants at compost facilities and other facilities that manage organic materials. (2) Determination of expenditures For purposes of carrying out paragraph (1), Program expenditures for a fiscal year shall be based on— (A) in the case of the first fiscal year of the Program, budgeted expenditures for the fiscal year; and (B) in the case of each fiscal year thereafter, Program expenditures for the previous fiscal year. 12104. National beverage container program (a) Responsibilities of responsible parties (1) In general Each responsible party for beverages sold in beverage containers shall— (A) charge to a retailer to which the beverage in a beverage container is delivered a deposit in the amount of the applicable refund value described in subsection (c) on delivery; and (B) on receipt of an empty beverage container from a retailer, pay to the retailer a refund in the amount of the applicable refund value described in subsection (c). (2) Use of deposits from unredeemed beverage containers A responsible party shall use any amounts received as deposits under paragraph (1)(A) for which an empty beverage container is not returned to the Organization responsible for the material of the beverage container for investment in collection, recycling, and reuse infrastructure. (b) Responsibilities of retailers (1) In general Except as provided in paragraph (2), each retailer of beverages in beverage containers shall— (A) charge to the customer to which the beverage in a beverage container is sold a deposit in the amount of the applicable refund value described in subsection (c) on the sale