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Illinois House Bill HB2560

Illinois 2023-2024 Regular Session

Illinois House Bill HB2560 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2560 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 10 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that, upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs and 25% to each distributor in proportion to the number of beverage containers sold by each distributor in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Effective immediately. LRB103 30880 CPF 57404 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2560 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 10 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that, upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs and 25% to each distributor in proportion to the number of beverage containers sold by each distributor in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Effective immediately. LRB103 30880 CPF 57404 b LRB103 30880 CPF 57404 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2560 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
33 New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
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66 Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 10 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that, upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs and 25% to each distributor in proportion to the number of beverage containers sold by each distributor in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Effective immediately.
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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title. This Act may be cited as the
1616 5 Illinois Container Fee and Deposit Act.
1717 6 Section 5. Definitions. As used in this Act, unless the
1818 7 context otherwise requires:
1919 8 "Agency" means the Illinois Environmental Protection
2020 9 Agency.
2121 10 "Beverage" means (i) wine, alcoholic liquor, or beer as
2222 11 defined in the Liquor Control Act of 1934 or (ii) mineral
2323 12 water, tea, coffee, soda water, or similar carbonated soft
2424 13 drinks, bottled water, juice, or other drinks in liquid form
2525 14 intended for human consumption. "Beverage" does not include
2626 15 products that are primarily derived from dairy.
2727 16 "Beverage container" means any glass, plastic, aluminum,
2828 17 or other metal can, bottle, jar, or carton, in which the
2929 18 bottler or the manufacturer has sealed a beverage.
3030 19 "Consumer" means a person who purchases or acquires a
3131 20 beverage in a beverage container for the use of its contents.
3232 21 "Dealer" means a person who sells or offers for sale to
3333 22 consumers within this State a beverage in a beverage
3434 23 container, including an operator of a vending machine
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3939 New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
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4242 Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 10 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that, upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs and 25% to each distributor in proportion to the number of beverage containers sold by each distributor in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Effective immediately.
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7171 1 containing a beverage in a beverage container.
7272 2 "Dealer agent" means a person who solicits or picks up
7373 3 empty beverage containers from a dealer for the purpose of
7474 4 returning the empty beverage containers to the distributor or
7575 5 the manufacturer.
7676 6 "Director" means the Director of the Illinois
7777 7 Environmental Protection Agency.
7878 8 "Distributor" means a person who engages in the sale of
7979 9 beverages in beverage containers to a dealer in the State,
8080 10 including a manufacturer who engages in those sales.
8181 11 "Geographic territory" means the geographical area within
8282 12 a perimeter formed by the outermost boundaries of the area
8383 13 served by a distributor.
8484 14 "Illinois Container Fee and Deposit Fund" means a fund
8585 15 created for the deposit and disbursement of all deposit and
8686 16 redemption center fee moneys generated through the
8787 17 administration of this Act.
8888 18 "Manufacturer" means a person who bottles, cans, or
8989 19 otherwise fills beverage containers for sale to distributors
9090 20 or dealers.
9191 21 "Nonrefillable beverage container" means a beverage
9292 22 container that, after being used by a consumer, is not
9393 23 intended to be refilled for sale by a manufacturer.
9494 24 "Redemption center" means a business at which consumers
9595 25 may return empty beverage containers and receive payment for
9696 26 the refund value of the empty beverage containers.
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107107 1 Section 10. The Illinois Container Fee and Deposit Fund.
108108 2 The Illinois Container Fee and Deposit Fund is created as a
109109 3 special fund in the State treasury. All moneys retrieved
110110 4 through the administration of this Act shall be deposited into
111111 5 the Fund and administered by the Agency. Distributors shall
112112 6 submit via deposit to the Fund the deposit and redemption
113113 7 center fee moneys from the beverage containers they sell in
114114 8 this State. The Fund shall then be used to distribute these
115115 9 moneys to redemption centers in accordance with the rules
116116 10 adopted for administration of this Act.
117117 11 Section 15. Deposit values.
118118 12 (a) A deposit value of 10 cents shall be paid by the
119119 13 consumer on each beverage container sold in the State by a
120120 14 dealer for consumption. Upon the return to a dealer or person
121121 15 operating a redemption center of the empty beverage container
122122 16 upon which a deposit has been paid and the acceptance of the
123123 17 empty beverage container by the dealer or the person operating
124124 18 the redemption center, the dealer or redemption center must
125125 19 refund the value of the deposit to the consumer.
126126 20 (b) In addition to the deposit refund provided in
127127 21 subsection (a), a dealer, dealer agent, or person operating a
128128 22 redemption center who redeems empty beverage containers shall
129129 23 be reimbursed by any distributor required to accept the empty
130130 24 beverage containers a value of 2-cents per container (the
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141141 1 "redemption center fee"). A dealer, dealer agent, or person
142142 2 operating a redemption center may compact empty metal beverage
143143 3 containers with the approval of the distributor required to
144144 4 accept the containers.
145145 5 Section 20. Payment of deposit value; notice to consumers.
146146 6 Except as provided in Section 25:
147147 7 (1) A dealer may not refuse to accept from a consumer
148148 8 any empty beverage container of the kind, size, or brand
149149 9 sold by the dealer or refuse to pay to the consumer the
150150 10 deposit value of the beverage container as stated in
151151 11 Section 15, provided that the beverage container is
152152 12 returned to the dealer in an empty, unbroken, and
153153 13 reasonably clean state.
154154 14 (2) A dealer must place a sign or shelf label in close
155155 15 proximity to any sales display of beverage containers to
156156 16 inform consumers that containers are returnable. The sign
157157 17 or label shall indicate the value of the deposit required
158158 18 for each beverage container and that containers are
159159 19 returnable.
160160 20 (3) An operator of a vending machine that sells
161161 21 containers shall post a conspicuous notice on the vending
162162 22 machine indicating that a deposit refund is available on
163163 23 each container purchased and indicating where and from
164164 24 whom that refund may be obtained. This Section does not
165165 25 require vending machine operators to provide refunds at
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176176 1 the premises where the vending machine is located.
177177 2 (4) A dealer may limit the total number of beverage
178178 3 containers that he or she will accept from one consumer on
179179 4 any business day to 100 containers. The dealer may refuse
180180 5 to accept containers for a period of not more than 3 hours
181181 6 during any business day, provided that the hours during
182182 7 which containers will not be accepted are conspicuously
183183 8 posted.
184184 9 (5) A distributor shall accept and pick up all empty
185185 10 beverage containers of the kind, size, or brand sold by
186186 11 the distributor from all dealers served by the distributor
187187 12 and from all redemption centers. If the distributor
188188 13 delivers the beverage product less frequently than weekly,
189189 14 then the distributor shall accept and pick up any empty
190190 15 beverage container of the kind, size, or brand sold by the
191191 16 distributor at the time of that delivery. The distributor
192192 17 shall pay to the dealer or the redemption center the
193193 18 deposit refund value of the beverage container and the
194194 19 redemption center fee as provided under Section 15 of this
195195 20 Act either within one week following the pickup of the
196196 21 containers or when the dealer or redemption center
197197 22 normally pays the distributor for the deposit on beverage
198198 23 products purchased from the distributor if less frequently
199199 24 than weekly. A distributor, employee, or agent of a
200200 25 distributor is not in violation of this paragraph if a
201201 26 redemption center is closed when the distributor attempts
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212212 1 to make a regular delivery or a regular pickup of empty
213213 2 beverage containers.
214214 3 (6) A distributor shall accept from a dealer agent any
215215 4 empty beverage container of the kind, size, or brand sold
216216 5 by the distributor that was picked up by the dealer agent
217217 6 from a dealer within the geographic territory served by
218218 7 the distributor. The distributor shall pay the dealer
219219 8 agent the deposit value of the empty beverage container
220220 9 and the redemption center fee as provided in Section 15.
221221 10 (7) The Agency shall adopt rules regulating the
222222 11 recycling and disposal of empty beverage containers. The
223223 12 rules shall give priority to the recycling of empty
224224 13 beverage containers to the extent possible.
225225 14 Section 25. Refusal to accept containers.
226226 15 (a) A dealer, redemption center, distributor, or
227227 16 manufacturer may refuse to accept any empty beverage container
228228 17 that does not have stated on it a deposit value as provided
229229 18 under Section 30.
230230 19 (b) A dealer may refuse to accept any type of container
231231 20 that the dealer has not sold within the past 60 days.
232232 21 (c) A dealer may refuse to accept and to pay the refund
233233 22 value of any empty beverage container if the place of business
234234 23 of the dealer and the kind and brand of empty beverage
235235 24 containers are included in an order of the Agency approving a
236236 25 redemption center under Section 35.
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247247 1 (d) An owner or operator of an establishment who sells
248248 2 beverages for consumption only on the premises may refuse to
249249 3 accept and to pay the refund value on an empty alcoholic liquor
250250 4 container except from a consumer who has purchased and
251251 5 consumed the beverage at that establishment.
252252 6 (e) A manufacturer or distributor may refuse to accept and
253253 7 to pay the refund value and reimbursement as provided in
254254 8 Section 25 on any empty beverage container that was picked up
255255 9 by a dealer agent from a dealer outside the geographic
256256 10 territory served by that manufacturer or distributor.
257257 11 (f) A distributor may refuse to accept beverage containers
258258 12 from any person who is not a dealer in a quantity of fewer than
259259 13 300 containers of the type, size, or brand sold by the
260260 14 distributor.
261261 15 Section 30. Deposit value stated on container; exceptions.
262262 16 (a) Each beverage container sold or offered for sale in
263263 17 this State by a dealer shall clearly indicate by embossing or
264264 18 by a stamp, label, or other method securely affixed to the
265265 19 container the refund value of that container. The Agency shall
266266 20 specify, by rule, the minimum size of the deposit value
267267 21 indication on the beverage containers.
268268 22 (b) A distributor shall not import into this State after
269269 23 January 1, 2022 a beverage container that does not have the
270270 24 deposit value indication securely affixed to the container.
271271 25 (c) A person may not bring beverage containers into this
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282282 1 State after January 1, 2022 that do not have the deposit value
283283 2 indication securely affixed unless for each occurrence:
284284 3 (1) For beverage containers containing alcoholic
285285 4 liquor as defined in the Liquor Control Act of 1934, the
286286 5 total capacity of the container is not more than one quart
287287 6 or, in the case of alcoholic liquor personally obtained
288288 7 outside the United States, one gallon.
289289 8 (2) For beverage containers containing beer as defined
290290 9 in the Liquor Control Act of 1934, the total capacity of
291291 10 the container is not more than 288 fluid ounces.
292292 11 (3) For all other beverage containers, the total
293293 12 capacity of the container is not more than 565 fluid
294294 13 ounces.
295295 14 (d) The provisions of subsections (a), (b), and (c) do not
296296 15 apply to a refillable glass beverage container that has a
297297 16 brand name permanently marked on it and that has a deposit
298298 17 value of greater than 10 cents, to any other refillable
299299 18 beverage container that has a deposit value of not less than 10
300300 19 cents and that is exempted by the Director under rules adopted
301301 20 by the Agency, or to a beverage container sold aboard a
302302 21 commercial airliner or passenger train for consumption on the
303303 22 premises.
304304 23 Section 35. Redemption centers.
305305 24 (a) To facilitate the return of empty beverage containers
306306 25 and to serve dealers of beverages, any person may establish a
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317317 1 redemption center, subject to the approval of the Agency, at
318318 2 which consumers may return empty beverage containers and
319319 3 receive payment of the stated deposit value.
320320 4 (b) An application for approval of a redemption center
321321 5 shall be filed with the Agency. The application shall state
322322 6 the name and address of the person responsible for the
323323 7 establishment and operation of the redemption center, the kind
324324 8 and brand names of the beverage containers that will be
325325 9 accepted at the redemption center, and the names and addresses
326326 10 of the dealers to be served by the redemption center. The
327327 11 application shall contain any other information that the
328328 12 Director may reasonably require.
329329 13 (c) The Agency shall approve a redemption center if it
330330 14 finds that the redemption center will provide a convenient
331331 15 service to consumers for the return of empty beverage
332332 16 containers. The order of the Agency approving a redemption
333333 17 center shall state the dealers to be served by the redemption
334334 18 center and the kind and brand names of empty beverage
335335 19 containers that the redemption center must accept. The order
336336 20 may contain such other provisions to ensure that the
337337 21 redemption center will provide a convenient service to the
338338 22 public as the Director may determine.
339339 23 (d) The Agency may review the approval of any redemption
340340 24 center at any time. After written notice to the person
341341 25 responsible for the establishment and operation of the
342342 26 redemption center, and to the dealers served by the redemption
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353353 1 center, the Agency may, after hearing, withdraw approval of
354354 2 the redemption center if the Agency finds there has not been
355355 3 compliance with the Agency's order approving the redemption
356356 4 center, or if the redemption center no longer provides a
357357 5 convenient service to the public.
358358 6 (e) All approved redemption centers shall meet applicable
359359 7 health standards.
360360 8 Section 40. Snap-top cans prohibited. No person shall sell
361361 9 or offer for sale at retail in this State any metal beverage
362362 10 container so designed and constructed that a part of the
363363 11 container is detachable in opening the container.
364364 12 Section 45. Rules. The Agency shall adopt, upon
365365 13 recommendation of the Director, the rules necessary to carry
366366 14 out the provisions of this Act, subject to the provisions of
367367 15 the Illinois Administrative Procedure Act.
368368 16 Section 50. Appeals. Any person aggrieved by an order of
369369 17 the Agency relating to the approval or withdrawal of approval
370370 18 for a redemption center may seek judicial review of such order
371371 19 as provided in the Administrative Review Law.
372372 20 Section 55. Penalties.
373373 21 (a) A person violating the provisions of Sections 15, 20,
374374 22 25, or 40 or a rule adopted pursuant to Section 45 of this Act
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385385 1 is guilty of a Class C misdemeanor.
386386 2 (b) A distributor who collects or attempts to collect a
387387 3 deposit value on an empty beverage container when the
388388 4 distributor has paid the deposit value on the container to a
389389 5 dealer, redemption center, or consumer is guilty of a business
390390 6 offense.
391391 7 (c) Any person who does any of the following acts is guilty
392392 8 of a business offense:
393393 9 (1) Collects or attempts to collect the deposit value
394394 10 on the container a second time, with the knowledge that
395395 11 the deposit value has once been paid by the distributor to
396396 12 a dealer, redemption center, or consumer.
397397 13 (2) Manufactures, sells, possesses, or applies a false
398398 14 or counterfeit label or indication to a beverage container
399399 15 that shows or purports to show a deposit value for a
400400 16 beverage container, with the intent to obtain a refund of
401401 17 the deposit value for the false or counterfeit label or
402402 18 indication.
403403 19 (3) Collects or attempts to collect a deposit refund
404404 20 value on a container with the use of a false or counterfeit
405405 21 label or indication showing a deposit value, knowing the
406406 22 label or indication to be false or counterfeit.
407407 23 (d) As used in this Section, "false or counterfeit label
408408 24 or indication" means a label or indication purporting to show
409409 25 a valid deposit value that has not been initially applied as
410410 26 authorized by a distributor.
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421421 1 Section 60. Distributor agreements authorized. A
422422 2 distributor may enter into a contract or agreement with any
423423 3 other distributor, manufacturer, or person for the purpose of
424424 4 collecting or paying the deposit value on or disposing of
425425 5 beverage containers.
426426 6 Section 65. Redemption of refused nonrefillable metal
427427 7 beverage containers.
428428 8 (a) If the deposit value indication required under Section
429429 9 30 on an empty nonrefillable metal beverage container is
430430 10 readable but the redemption of the container is lawfully
431431 11 refused by a dealer or person operating a redemption center,
432432 12 the container shall be accepted and the deposit value paid to a
433433 13 consumer as provided in this Section. Each beer distributor
434434 14 selling nonrefillable metal beverage containers in this State
435435 15 shall provide individually or collectively by contract or
436436 16 agreement with a dealer, redemption center, or another person,
437437 17 at least one facility in the county seat of each county where
438438 18 refused empty nonrefillable metal beverage containers having a
439439 19 readable deposit value indication as required by this Act are
440440 20 accepted and redeemed. In counties having a population of
441441 21 100,000 or more, the number of the facilities provided shall
442442 22 be one facility for every 100,000 population or a fractional
443443 23 part of that population.
444444 24 (b) A beer distributor violating this Section is guilty of
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455455 1 a Class C misdemeanor.
456456 2 Section 70. Plastic cans prohibited.
457457 3 (a) Beginning on the effective date of this Act, a person
458458 4 shall not manufacture, offer for sale, or sell any
459459 5 single-serving beverage container that is a plastic can nor
460460 6 offer for sale or sell any beverage packaged in a
461461 7 single-serving plastic can. For the purposes of this Section,
462462 8 "plastic can" means a beverage container that, in addition to
463463 9 the closure mechanism, is composed of plastic and metal.
464464 10 (b) A person violating this Section is guilty of a Class A
465465 11 misdemeanor.
466466 12 Section 75. Disposal at sanitary landfill prohibited.
467467 13 Beginning one year after the effective date of this Act, the
468468 14 final disposal of beverage containers by a dealer,
469469 15 distributor, manufacturer, or a person operating a redemption
470470 16 center in a sanitary landfill is prohibited. Beginning one
471471 17 year after the effective date of this Act, the final disposal
472472 18 of beverage containers used to contain alcoholic liquor, as
473473 19 defined in the Liquor Control Act of 1934, by a dealer,
474474 20 distributor, manufacturer, or redemption center in a sanitary
475475 21 landfill is prohibited.
476476 22 Section 80. Unclaimed deposits. All moneys deposited into
477477 23 the Illinois Container Fee and Deposit Fund and not passed on
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488488 1 to the consumer through bottle redemption shall be used by the
489489 2 Agency to administer this Act, with excess funds to be
490490 3 disbursed by the Agency in the following manner:
491491 4 (1) 75% to environmental and conservation-related
492492 5 programs, as determined by the Agency; and
493493 6 (2) 25% to each distributor, proportionally determined
494494 7 by the amount of beverage containers each distributor has
495495 8 sold in this State during the previous complete period
496496 9 from January 1 to December 30 after the effective date of
497497 10 this Act.
498498 11 Section 85. Local powers. Nothing in this Act is intended
499499 12 to limit the municipal or county power granted in the Solid
500500 13 Waste Planning and Recycling Act to establish or operate a
501501 14 recycling or redemption center.
502502 15 Section 900. The State Finance Act is amended by adding
503503 16 Section 5.990 as follows:
504504 17 (30 ILCS 105/5.990 new)
505505 18 Sec. 5.990. The Illinois Container Fee and Deposit Fund.
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511511 HB2560 - 14 - LRB103 30880 CPF 57404 b