Illinois 2023-2024 Regular Session

Illinois House Bill HB4205 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4205 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new Creates the Bottle Deposit Act. Provides that, to encourage container reuse and recycling, every beverage container sold or offered for sale to a consumer in the State must have a deposit and refund value. Includes provisions regarding: a dealer as a distributor; requirements for labels, stamps, and brand names on beverage containers; application of the Act; the commingling of beverage containers and entering into commingling agreements; unclaimed deposits for beverage containers not subject to commingling agreements; redemption centers, including licensing requirements; prohibitions on certain types of beverage containers and holders; penalties, ranging from $100 to $1,000; exceptions for beverage containers used on international flights; licensing requirements, including fees for applications; the creation of the Beverage Container Enforcement Fund; administration by the Environmental Protection Agency; the denial of redemption center licenses; the unlawful possession of beverage containers; the prohibition of glass-breaking games; and annual reporting requirements. Makes a conforming change in the State Finance Act. LRB103 34179 LNS 64002 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4205 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new Creates the Bottle Deposit Act. Provides that, to encourage container reuse and recycling, every beverage container sold or offered for sale to a consumer in the State must have a deposit and refund value. Includes provisions regarding: a dealer as a distributor; requirements for labels, stamps, and brand names on beverage containers; application of the Act; the commingling of beverage containers and entering into commingling agreements; unclaimed deposits for beverage containers not subject to commingling agreements; redemption centers, including licensing requirements; prohibitions on certain types of beverage containers and holders; penalties, ranging from $100 to $1,000; exceptions for beverage containers used on international flights; licensing requirements, including fees for applications; the creation of the Beverage Container Enforcement Fund; administration by the Environmental Protection Agency; the denial of redemption center licenses; the unlawful possession of beverage containers; the prohibition of glass-breaking games; and annual reporting requirements. Makes a conforming change in the State Finance Act. LRB103 34179 LNS 64002 b LRB103 34179 LNS 64002 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4205 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
3	3	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
4	4	New Act
5	5	30 ILCS 105/5.990 new
6	6	Creates the Bottle Deposit Act. Provides that, to encourage container reuse and recycling, every beverage container sold or offered for sale to a consumer in the State must have a deposit and refund value. Includes provisions regarding: a dealer as a distributor; requirements for labels, stamps, and brand names on beverage containers; application of the Act; the commingling of beverage containers and entering into commingling agreements; unclaimed deposits for beverage containers not subject to commingling agreements; redemption centers, including licensing requirements; prohibitions on certain types of beverage containers and holders; penalties, ranging from $100 to $1,000; exceptions for beverage containers used on international flights; licensing requirements, including fees for applications; the creation of the Beverage Container Enforcement Fund; administration by the Environmental Protection Agency; the denial of redemption center licenses; the unlawful possession of beverage containers; the prohibition of glass-breaking games; and annual reporting requirements. Makes a conforming change in the State Finance Act.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning safety.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Bottle
16	16	5 Deposit Act.
17	17	6 Section 5. Definitions. As used in this Act:
18	18	7 "Agency" means the Illinois Environmental Protection
19	19	8 Agency.
20	20	9 "Beverage" means:
21	21	10 (1) wine, alcoholic liquor, or beer, as defined in the
22	22	11 Liquor Control Act of 1934; or
23	23	12 (2) mineral water, tea, coffee, soda water or similar
24	24	13 carbonated soft drinks, bottled water, juice, or other
25	25	14 drinks in liquid form intended for human consumption.
26	26	15 "Beverage container" means a bottle, can, jar, carton, or
27	27	16 other container made of glass, metal, or plastic that has been
28	28	17 sealed by a manufacturer.
29	29	18 "Brand" means a name, symbol, word, or mark that
30	30	19 identifies a beverage container, rather than its components,
31	31	20 and attributes the beverage container to the owner of the
32	32	21 brand.
33	33	22 "Commingling agreement" means an agreement between 2 or
34	34	23 more initiators of deposit allowing the beverage containers
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4205 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
39	39	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
40	40	New Act
41	41	30 ILCS 105/5.990 new
42	42	Creates the Bottle Deposit Act. Provides that, to encourage container reuse and recycling, every beverage container sold or offered for sale to a consumer in the State must have a deposit and refund value. Includes provisions regarding: a dealer as a distributor; requirements for labels, stamps, and brand names on beverage containers; application of the Act; the commingling of beverage containers and entering into commingling agreements; unclaimed deposits for beverage containers not subject to commingling agreements; redemption centers, including licensing requirements; prohibitions on certain types of beverage containers and holders; penalties, ranging from $100 to $1,000; exceptions for beverage containers used on international flights; licensing requirements, including fees for applications; the creation of the Beverage Container Enforcement Fund; administration by the Environmental Protection Agency; the denial of redemption center licenses; the unlawful possession of beverage containers; the prohibition of glass-breaking games; and annual reporting requirements. Makes a conforming change in the State Finance Act.
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45	45	A BILL FOR
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71	71	1 for which they have initiated deposits to be commingled by
72	72	2 dealers and redemption centers, as described in Section 30.
73	73	3 "Consumer" means an individual who purchases a beverage in
74	74	4 a beverage container for use or consumption.
75	75	5 "Dealer" means a person who sells, offers to sell, or
76	76	6 engages in the sale of beverages in beverage containers to a
77	77	7 consumer, including, but not limited to, an operator of a
78	78	8 vending machine containing beverages in beverage containers.
79	79	9 "Director" means the Director of the Environmental
80	80	10 Protection Agency.
81	81	11 "Distributor" means a person who engages in the sale of
82	82	12 beverages in beverage containers to a dealer in this State.
83	83	13 "Distributor" includes a manufacturer who engages in such
84	84	14 sales.
85	85	15 "Initiator of deposit" or "initiator" means a
86	86	16 manufacturer, distributor, or other person who initiates a
87	87	17 deposit on a beverage container under Section 10.
88	88	18 "Manufacturer" means a person that:
89	89	19 (1) sells or offers for sale a beverage in this State
90	90	20 under the manufacturer's brand or label;
91	91	21 (2) licenses another person to sell or offer for sale
92	92	22 a beverage in this State under the manufacturer's brand or
93	93	23 label;
94	94	24 (3) imports into the United States for sale or
95	95	25 offering for sale in this State a beverage that is
96	96	26 manufactured outside of the United States by another
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107	107	1 person without a presence in the United States; or
108	108	2 (4) is an out-of-state wholesaler of liquor that holds
109	109	3 a license issued under the Liquor Control Act of 1934.
110	110	4 "Nonrefillable" means a beverage container that, after
111	111	5 being used by a consumer, is not intended to be reused as a
112	112	6 beverage container by the manufacturer.
113	113	7 "Operator of a vending machine" means an owner of a
114	114	8 vending machine, the person who refills a vending machine, or
115	115	9 the owner or lessee of the property upon which a vending
116	116	10 machine is located.
117	117	11 "Person" means an individual, partnership, corporation, or
118	118	12 other legal entity.
119	119	13 "Pick-up agent" means an initiator of deposit, distributor
120	120	14 or contracted agent of an initiator of deposit, or distributor
121	121	15 that receives redeemed beverage containers from a redemption
122	122	16 center and transports those containers for recycling.
123	123	17 "Premises" means the property of the dealer or the
124	124	18 dealer's lessor on which a sale is made.
125	125	19 "Product stewardship" means a manufacturer's taking
126	126	20 responsibility for managing and reducing the life-cycle
127	127	21 impacts of the manufacturer's beverage containers, from
128	128	22 product design to end-of-life management.
129	129	23 "Product stewardship program" means a program financed and
130	130	24 either managed or provided by manufacturers individually or
131	131	25 collectively that includes, but is not limited to, the
132	132	26 collection, transportation, reuse, and recycling or disposal,
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143	143	1 or both, of unwanted beverage containers. "Product stewardship
144	144	2 program" includes a program financed through an assessment
145	145	3 paid by the manufacturers to a stewardship organization.
146	146	4 "Proprietary information" means information that is a
147	147	5 trade secret or production, commercial, or financial
148	148	6 information the disclosure of which would impair the
149	149	7 competitive position of the submittor and would make available
150	150	8 information not otherwise publicly available.
151	151	9 "Recycling" or "recycle" means a series of activities by
152	152	10 which material that has reached the end of its current use is
153	153	11 processed into material for use in the production of new
154	154	12 beverage containers.
155	155	13 "Reuse" means a change in ownership of a beverage
156	156	14 container or component in a beverage container for use in the
157	157	15 same manner and purpose for which it was originally produced.
158	158	16 "Redemption center" means a place of business that deals
159	159	17 in acceptance of empty, returnable beverage containers from
160	160	18 consumers or dealers, or both, and that is licensed under
161	161	19 Section 60.
162	162	20 "Refillable" means a beverage container that, after being
163	163	21 used by a consumer, is to be reused as a beverage container at
164	164	22 least 5 times by a manufacturer.
165	165	23 "Reverse vending machine" means an automated device that
166	166	24 uses a laser scanner and microprocessor to accurately
167	167	25 recognize the universal product code on beverage containers
168	168	26 and to accumulate information regarding containers redeemed,
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179	179	1 enabling the reverse vending machine to accept containers from
180	180	2 redeemers and to issue script for the containers' refund
181	181	3 value. "Reverse vending machine" does not include a hand
182	182	4 scanner or other similar device.
183	183	5 "Spirits" has the meaning given to that term in Section
184	184	6 1-3.02 of the Liquor Control Act of 1934.
185	185	7 "Stewardship organization" means a corporation, nonprofit
186	186	8 organization, or other legal entity created by a manufacturer
187	187	9 or group of manufacturers to implement a product stewardship
188	188	10 program.
189	189	11 "Unwanted beverage container" means a beverage container
190	190	12 that is no longer wanted by its owner or that has been
191	191	13 abandoned or discarded or is intended to be discarded by its
192	192	14 owner.
193	193	15 "Use or consumption" means the exercise of any right or
194	194	16 power over a beverage incident to the ownership thereof, other
195	195	17 than the sale, storage, or retention for the purpose of sale of
196	196	18 a beverage.
197	197	19 "Wine" has the meaning given to that term in Section
198	198	20 1-3.03 of the Liquor Control Act of 1934. "Wine" does not
199	199	21 include wine coolers.
200	200	22 "Wine cooler" means a beverage of less than 8% alcohol
201	201	23 content by volume consisting of wine and:
202	202	24 (1) plain, sparkling, or carbonated water; and
203	203	25 (2) any one or more of the following:
204	204	26 (A) fruit juices;
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215	215	1 (B) fruit adjuncts;
216	216	2 (C) artificial or natural flavors or flavorings;
217	217	3 (D) preservatives;
218	218	4 (E) coloring; or
219	219	5 (F) any other natural or artificial blending
220	220	6 material.
221	221	7 Section 10. Refund value. To encourage container reuse and
222	222	8 recycling, every beverage container sold or offered for sale
223	223	9 to a consumer in this State must have a deposit and refund
224	224	10 value. The deposit and refund value are determined according
225	225	11 to this Section.
226	226	12 (1) For refillable beverage containers, except wine
227	227	13 and spirits containers, the manufacturer shall determine
228	228	14 the deposit and refund value according to the type, kind,
229	229	15 and size of the beverage container. The deposit and refund
230	230	16 value may not be less than 5 cents.
231	231	17 (2) For nonrefillable beverage containers, except wine
232	232	18 and spirits containers, sold through geographically
233	233	19 exclusive distributorships, the distributor shall
234	234	20 determine and initiate the deposit and refund value
235	235	21 according to the type, kind, and size of the beverage
236	236	22 container. The deposit and refund value may not be less
237	237	23 than 5 cents.
238	238	24 (3) For nonrefillable beverage containers, except wine
239	239	25 and spirits containers, not sold through geographically
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250	250	1 exclusive distributorships, the deposit and refund value
251	251	2 may not be less than 5 cents.
252	252	3 (4) For wine and spirits containers having a volume of
253	253	4 50 milliliters or less, the refund value may not be more
254	254	5 than 5 cents. For wine and spirits containers having a
255	255	6 volume greater than 50 milliliters, the refund value may
256	256	7 not be less than 15 cents.
257	257	8 Section 15. Dealer as distributor. Whenever a dealer or
258	258	9 group of dealers receives a shipment or consignment of, or in
259	259	10 any other manner acquires, beverage containers outside the
260	260	11 State for sale to consumers in the State, the dealer or dealers
261	261	12 shall comply with this Act as if they were distributors as well
262	262	13 as dealers.
263	263	14 Section 20. Labels; stamps; brand names.
264	264	15 (a) Except as provided in subsections (b) and (d), the
265	265	16 refund value and the word "Illinois" or the abbreviation "IL"
266	266	17 must be clearly indicated on every refundable beverage
267	267	18 container sold or offered for sale by a dealer in this State by
268	268	19 embossing, stamping, labeling, or other method of secure
269	269	20 attachment to the beverage container. The refund value may not
270	270	21 be indicated on the bottom of the container.
271	271	22 (b) With respect to nonrefillable beverage containers the
272	272	23 deposits for which are initiated under paragraph (3) of
273	273	24 Section 10, the refund value and the word "Illinois" or the
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284	284	1 abbreviation "IL" must be clearly indicated on every
285	285	2 refundable beverage container sold or offered for sale by a
286	286	3 dealer in this State by permanently embossing or permanently
287	287	4 stamping the beverage containers, except in instances when the
288	288	5 initiator of deposit has specific permission from the Agency
289	289	6 to use stickers or similar devices. The refund value may not be
290	290	7 indicated on the bottom of the container.
291	291	8 (c) Notwithstanding subsection (a) and with respect to
292	292	9 nonrefillable beverage containers, for the deposits that are
293	293	10 initiated under paragraph (2) of Section 10, the refund value
294	294	11 and the word "Illinois" or the abbreviation "IL" may be
295	295	12 clearly indicated on refundable beverage containers sold or
296	296	13 offered for sale by a dealer in this State by use of stickers
297	297	14 or similar devices if those containers are not otherwise
298	298	15 marked in accordance with subsection (a). A redemption center
299	299	16 shall accept containers identified by stickers in accordance
300	300	17 with this subsection or by embossing or stamping in according
301	301	18 with subsection (a).
302	302	19 (d) Refillable glass beverage containers of carbonated
303	303	20 beverages, for which the deposit is initiated under paragraph
304	304	21 (1) of Section 10, that have a refund value of not less than 5
305	305	22 cents and a brand name permanently marked on the container are
306	306	23 not required to comply with subsection (a). The exception
307	307	24 provided by this subsection does not apply to glass beverage
308	308	25 containers that contain spirits, wine, or malt liquor.
309	309	26 (e) An initiator of deposit shall register the container
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320	320	1 label of any beverage offered for sale in the State on which it
321	321	2 initiates a deposit. Registration must be on forms or in an
322	322	3 electronic format provided by the Agency and must include the
323	323	4 universal product code for each combination of beverage and
324	324	5 container manufactured. The initiator of deposit shall renew a
325	325	6 label registration annually and whenever that label is revised
326	326	7 by altering the universal product code or whenever the
327	327	8 container on which it appears is changed in size, composition,
328	328	9 or glass color. The initiator of deposit shall also include,
329	329	10 as part of the registration, the method of collection for that
330	330	11 type of container, identification of a collection agent,
331	331	12 identification of all the parties to a commingling agreement
332	332	13 that applies to the container, and proof of the collection
333	333	14 agreement. The Agency may charge a fee for registration and
334	334	15 registration renewals under this subsection.
335	335	16 (f) A beverage container that is sold or distributed in
336	336	17 the State that is not in compliance with the initiator of
337	337	18 deposit or the labeling registration requirements established
338	338	19 in this Section may be removed from sale by the Agency.
339	339	20 Section 25. Application.
340	340	21 (a) Except as otherwise provided in this Section, a dealer
341	341	22 operating a retail space of 5,000 square feet or more may not
342	342	23 refuse to accept from any consumer or other person who is not a
343	343	24 dealer any empty, unbroken, and reasonably clean beverage
344	344	25 container or refuse to pay, in cash, the refund value of the
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355	355	1 returned beverage container as established by Section 10
356	356	2 unless the dealer has a written agreement with a redemption
357	357	3 center to provide redemption services on behalf of the dealer
358	358	4 and that redemption center:
359	359	5 (1) is located within 10 miles from the dealer, as
360	360	6 measured along public roadways; or
361	361	7 (2) if there is no redemption center located within 10
362	362	8 miles from the dealer under paragraph (1), is the
363	363	9 redemption center in closest proximity to the dealer, as
364	364	10 measured along public roadways.
365	365	11 This subsection does not require an operator of a vending
366	366	12 machine to maintain a person to accept returned beverage
367	367	13 containers on the premises where the vending machine is
368	368	14 located.
369	369	15 (b) A dealer may limit the total number of beverage
370	370	16 containers that the dealer will accept from any one consumer
371	371	17 or other person in any one business day to 240 containers, or
372	372	18 any other number greater than 240.
373	373	19 (c) A dealer may refuse to accept beverage containers
374	374	20 during no more than 3 hours in any one business day. If a
375	375	21 dealer refuses to accept containers under this subsection the
376	376	22 hours during which the dealer will not accept containers must
377	377	23 be conspicuously posted.
378	378	24 (d) A distributor may not refuse to accept from any dealer
379	379	25 or redemption center any empty, unbroken, and reasonably clean
380	380	26 beverage container or any beverage container that has been
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391	391	1 processed through an approved reverse vending machine that
392	392	2 meets the requirements of rules adopted by the Agency under
393	393	3 this Act of the kind, size, and brand sold by the distributor
394	394	4 or refuse to pay to the dealer or redemption center the refund
395	395	5 value of a beverage container as established by Section 10.
396	396	6 (e) Notwithstanding subsection (g), a distributor or its
397	397	7 agent may refuse to accept or pay the refund value and handling
398	398	8 costs to a dealer, redemption center, or other person for a
399	399	9 beverage container that has been processed by a reverse
400	400	10 vending machine in a way that has reduced the recycling value
401	401	11 of the container below market value. This subsection may not
402	402	12 be interpreted to prohibit a written processing agreement
403	403	13 between a distributor and a dealer or redemption center and
404	404	14 does not relieve a distributor of its obligation under
405	405	15 subsection (g) to accept empty, unbroken, and reasonably clean
406	406	16 beverage containers. The Agency shall adopt rules to establish
407	407	17 the recycling value of beverage containers under this
408	408	18 subsection and the rules may authorize the use of a third party
409	409	19 vendor to determine if a beverage container has been processed
410	410	20 by a reverse vending machine in a manner that has reduced the
411	411	21 recycling value below current market value. The rules must
412	412	22 outline the method of allocating among the parties involved
413	413	23 the payment for third party vendor costs.
414	414	24 (f) Reimbursement of handling costs is governed by this
415	415	25 subsection.
416	416	26 (1) In addition to the payment of the refund value,
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427	427	1 the initiator of deposit under paragraphs (1), (2), and
428	428	2 (4) of Section 10 shall reimburse the dealer or redemption
429	429	3 center for the cost of handling beverage containers
430	430	4 subject to Section 10, in an amount that equals at least
431	431	5 4.5 cents per returned container for containers picked up
432	432	6 by the initiator after January 1, 2025. The initiator of
433	433	7 deposit may reimburse the dealer or redemption center
434	434	8 directly or indirectly through a party with which it has
435	435	9 entered into a commingling agreement.
436	436	10 (2) In addition to the payment of the refund value,
437	437	11 the initiator of deposit under paragraph (3) of Section 10
438	438	12 shall reimburse the dealer or redemption center for the
439	439	13 cost of handling beverage containers subject to Section 10
440	440	14 in an amount that equals at least 4.5 cents for containers
441	441	15 picked up on or after January 1, 2025. The initiator of
442	442	16 deposit may reimburse the dealer or redemption center
443	443	17 directly or indirectly through a contacted agent or
444	444	18 through a party with which it has entered into a
445	445	19 commingling agreement.
446	446	20 (g) The obligation to pick up and recycle beverage
447	447	21 containers subject to this Act is determined by this
448	448	22 subsection.
449	449	23 (1) A distributor that initiates the deposit under
450	450	24 paragraph (2) or (4) of Section 10 has the obligation to
451	451	25 pick up and recycle any empty, unbroken, and reasonably
452	452	26 clean beverage containers of the particular kind, size,
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463	463	1 and brand sold by the distributor from dealers to whom
464	464	2 that distributor has sold those beverages and from
465	465	3 licensed redemption centers. A distributor that, within
466	466	4 this State, sells beverages under a particular label
467	467	5 exclusively to one dealer, which dealer offers those
468	468	6 labeled beverages for sale at retail exclusively at the
469	469	7 dealer's establishment, shall pick up any empty, unbroken,
470	470	8 and reasonably clean beverage containers of the kind,
471	471	9 size, and brand sold by the distributor to the dealer only
472	472	10 from those licensed redemption centers that are located
473	473	11 within 25 miles from the dealer, as measured along public
474	474	12 roadways. A dealer that manufactures its own beverages for
475	475	13 exclusive sale by that dealer at retail has the obligation
476	476	14 of a distributor under this Section. The Agency may
477	477	15 establish by rule, in accordance with the Illinois
478	478	16 Administrative Procedure Act, criteria prescribing the
479	479	17 manner in which distributors shall fulfill the obligations
480	480	18 imposed by this paragraph. The rules may establish a
481	481	19 minimum number or value of containers below which a
482	482	20 distributor is not required to respond to a request to
483	483	21 pick up empty containers. Any rules adopted under this
484	484	22 paragraph must allocate the burdens associated with the
485	485	23 handling, storage, transportation, and recycling of empty
486	486	24 containers to prevent unreasonable financial or other
487	487	25 hardship.
488	488	26 (2) The initiator of deposit under paragraph (3) of
489	489
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499	499	1 Section 10 has the obligation to pick up and recycle any
500	500	2 empty, unbroken, and reasonably clean beverage containers
501	501	3 of the particular kind, size, and brand sold by the
502	502	4 initiator from dealers to whom a distributor has sold
503	503	5 those beverages and from licensed redemption centers. The
504	504	6 obligation may be fulfilled by the initiator directly or
505	505	7 indirectly through a contracted agent.
506	506	8 (3) An initiator of deposit under paragraph (2), (3),
507	507	9 or (4) of Section 10 has the obligation to pick up and
508	508	10 recycle any empty, unbroken, and reasonably clean beverage
509	509	11 containers that are commingled under a commingling
510	510	12 agreement along with any beverage containers that the
511	511	13 initiator is otherwise obligated to pick up and recycle
512	512	14 under paragraphs (1) and (2).
513	513	15 (4) The initiator of deposit or initiators of deposit
514	514	16 who are members of a commingling agreement have the
515	515	17 obligation under this subsection to pick up and recycle
516	516	18 empty, unbroken, and reasonably clean beverage containers
517	517	19 of the particular kind, size, and brand sold by the
518	518	20 initiator from dealers to whom a distributor has sold
519	519	21 those beverages and from licensed redemption centers every
520	520	22 15 days. The initiator of deposit or initiators of deposit
521	521	23 who are members of a commingling agreement have the
522	522	24 obligation to make additional pick ups when a redemption
523	523	25 center has collected 10,000 beverage containers from that
524	524	26 initiator of deposit or initiators of deposit who are
525	525
526	526
527	527
528	528
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531	531
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534	534	HB4205 - 15 - LRB103 34179 LNS 64002 b
535	535	1 members of the commingling agreement.
536	536	2 The obligations of the initiator of deposit under this
537	537	3 subsection may be fulfilled by the initiator directly or
538	538	4 indirectly through a party with which it has entered into a
539	539	5 commingling agreement. A contracted agent hired to pick up
540	540	6 beverage containers for one or more initiators of deposit is
541	541	7 deemed to have made a pick up at a redemption center for those
542	542	8 initiators of deposit when it picks up beverage containers
543	543	9 belonging to those initiators of deposit.
544	544	10 (h) A dealer or redemption center has an obligation to
545	545	11 pick up plastic bags that are used by that dealer or redemption
546	546	12 center to contain beverage containers. Plastic bags used by a
547	547	13 dealer or redemption center and the cost allocation of these
548	548	14 bags must conform to rules adopted by the Agency concerning
549	549	15 size and gauge.
550	550	16 (i) The obligations to accept or take empty beverage
551	551	17 containers and to pay the refund value and handling fees for
552	552	18 such containers as described in subsections (a), (d), (f), and
553	553	19 (g) apply only to containers originally sold in this State as
554	554	20 filled beverage containers. A person who tenders to a dealer,
555	555	21 distributor, redemption center, or bottler more than 48 empty
556	556	22 beverage containers that the person knows or has reason to
557	557	23 know were not originally sold in this State as filled beverage
558	558	24 containers is subject to the enforcement action and civil
559	559	25 penalties set forth in this subsection. At each location where
560	560	26 consumers tender containers for redemption, dealers and
561	561
562	562
563	563
564	564
565	565
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571	571	1 redemption centers must conspicuously display a sign in
572	572	2 letters that are at least one inch in height with the following
573	573	3 information: "WARNING: Persons tendering containers for
574	574	4 redemption that were not originally purchased in this State
575	575	5 may be subject to a fine of greater than $100 per container or
576	576	6 $25,000 for each tender." A person who violates the provisions
577	577	7 of this subsection is subject to a civil penalty of the greater
578	578	8 of $100 for each container or $25,000 for each tender of
579	579	9 containers.
580	580	10 (j) The Agency may revoke the license of a dealer or
581	581	11 redemption center that has been adjudged to have committed a
582	582	12 violation of this Section.
583	583	13 (k) In order to prevent fraud from the redemption of
584	584	14 beverage containers not originally sold in this State, this
585	585	15 subsection governs the redemption of more than 2,500 beverage
586	586	16 containers.
587	587	17 (1) A person tendering for redemption more than 2,500
588	588	18 beverage containers at one time to a dealer or redemption
589	589	19 center must provide to the dealer or redemption center
590	590	20 that person's name and address and the license plate
591	591	21 number of the vehicle used to transport the beverage
592	592	22 containers. The dealer or redemption center redeeming
593	593	23 these beverage containers shall forward that information
594	594	24 to the Agency within 10 days, and the information must be
595	595	25 kept on file for a minimum of 12 months.
596	596	26 (2) After complying at least once with the
597	597
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599	599
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607	607	1 requirements of paragraph (1), a person need not comply
608	608	2 with paragraph (1) each subsequent time that person
609	609	3 tenders to a dealer or redemption center for redemption
610	610	4 more than 2,500 beverage containers if:
611	611	5 (A) all of the containers were collected at one
612	612	6 location in this State;
613	613	7 (B) all proceeds of the refund value benefit a
614	614	8 nonprofit organization that has been determined by the
615	615	9 United States Internal Revenue Service to be exempt
616	616	10 from taxation under Section 501(c)(3) of the United
617	617	11 States Internal Revenue Code of 1986; and
618	618	12 (C) the person tendering the containers for
619	619	13 redemption signs a declaration indicating the person's
620	620	14 name, the address of the collection point, and the
621	621	15 name of the organization or organizations that will
622	622	16 receive the refund value.
623	623	17 (l) An initiator of deposit may maintain a civil action in
624	624	18 a circuit court against a person, other than a redemption
625	625	19 center licensed in accordance with Section 10, that tenders to
626	626	20 a redemption center or retailer more than 48 empty beverage
627	627	21 containers that the person knows or has reason to know were not
628	628	22 originally sold in this State as filled beverage containers.
629	629	23 If the initiator of deposit prevails in any action, the
630	630	24 initiator of deposit is entitled to an award of reasonable
631	631	25 attorney's fees and court costs, including expert witness
632	632	26 fees.
633	633
634	634
635	635
636	636
637	637
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639	639
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642	642	HB4205 - 18 - LRB103 34179 LNS 64002 b
643	643	1 Section 30. Commingling of beverage containers.
644	644	2 (a) Notwithstanding any other provisions of this Act to
645	645	3 the contrary, 2 or more initiators of deposit may enter into a
646	646	4 commingling agreement through which some or all of the
647	647	5 beverage containers for which the initiators have initiated
648	648	6 deposits may be commingled by dealers and operators of
649	649	7 redemption centers as provided in this Section.
650	650	8 An initiator of deposit that enters into a commingling
651	651	9 agreement under this Section shall permit any other initiator
652	652	10 of deposit to become a party to that agreement on the same
653	653	11 terms and conditions as the original agreement. Once the
654	654	12 initiator of deposit has established a qualified commingling
655	655	13 agreement under the requirements of subsection (c), the Agency
656	656	14 shall allow additional brands of beverage containers from a
657	657	15 different product group to be included in the commingling
658	658	16 agreement if those additional brands are of like material to
659	659	17 those containers already managed under the commingling
660	660	18 agreement.
661	661	19 For the purposes of this Act and notwithstanding any
662	662	20 provision of this Act to the contrary, the State, through the
663	663	21 Department of Financial and Professional Regulation and the
664	664	22 Liquor Control Board, is deemed to be managing returned
665	665	23 containers for which the State has initiated deposits in a
666	666	24 commingling program under a qualified commingling agreement as
667	667	25 long as the State allows a dealer or redemption center to
668	668
669	669
670	670
671	671
672	672
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674	674
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677	677	HB4205 - 19 - LRB103 34179 LNS 64002 b
678	678	1 commingle returned containers of like material.
679	679	2 (b) If initiators of deposit enter into a commingling
680	680	3 agreement under this Section, commingling of beverage
681	681	4 containers must be by all containers of like product group,
682	682	5 material, and size. An initiator of deposit required under
683	683	6 subsection (g) of Section 25 to pick up beverage containers
684	684	7 subject to a commingling agreement also shall pick up all
685	685	8 other beverage containers subject to the same commingling
686	686	9 agreement. The initiator of deposit may not require beverage
687	687	10 containers that are subject to a commingling agreement to be
688	688	11 sorted separately by a dealer or redemption center.
689	689	12 (c) The Agency shall determine that a commingling
690	690	13 agreement is qualified for the purposes of this Act if:
691	691	14 (1) 50% or more of beverage containers of like product
692	692	15 group, material, and size for which the deposits are being
693	693	16 initiated in the State are included in the commingling
694	694	17 agreement;
695	695	18 (2) the initiators of deposit included in the
696	696	19 commingling agreement are initiators of deposit for
697	697	20 beverage containers containing wine and each initiator of
698	698	21 deposit sells no more than 100,000 gallons of wine or
699	699	22 500,000 beverage containers containing wine in a calendar
700	700	23 year; or
701	701	24 (3) the commingling agreement has been approved by the
702	702	25 Agency under subsection (f).
703	703	26 (d) For purposes of this Section, containers are
704	704
705	705
706	706
707	707
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714	714	1 considered to be of like materials if made up of one of the
715	715	2 following:
716	716	3 (1) plastic;
717	717	4 (2) aluminum;
718	718	5 (3) metal other than aluminum; and
719	719	6 (4) glass.
720	720	7 (e) For purposes of this Section, like products are those
721	721	8 that are made up of one or more of the following:
722	722	9 (1) beer, ale, or other beverage produced by
723	723	10 fermenting malt, wine, and wine coolers;
724	724	11 (2) spirits;
725	725	12 (3) soda;
726	726	13 (4) noncarbonated water; and
727	727	14 (5) all other beverages.
728	728	15 (f) Subject to the requirements of this subsection, an
729	729	16 initiator of deposit may enter into a commingling agreement
730	730	17 for its beverage containers to be managed in a commingling
731	731	18 program operated by a third party or by a stewardship
732	732	19 organization. The third party or stewardship organization
733	733	20 shall submit a plan for the operation of the commingling
734	734	21 program to the Agency for review and approval as a qualified
735	735	22 commingling agreement. A commingling program under this
736	736	23 subsection must:
737	737	24 (1) require redemption centers to commingle all
738	738	25 beverage containers of initiators of deposit included by
739	739	26 like material;
740	740
741	741
742	742
743	743
744	744
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746	746
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750	750	1 (2) establish standards to provide for fair
751	751	2 apportionment of costs among initiators of deposit
752	752	3 included in the program either on the basis of the count of
753	753	4 containers redeemed or on the total weight of containers
754	754	5 marketed in the State. These standards may provide for the
755	755	6 determination of the amount to be paid to a redemption
756	756	7 center as based on the unit counts generated by a reverse
757	757	8 vending machine, as long as the reverse vending machine is
758	758	9 subject to periodic audits by the third party or
759	759	10 stewardship organization on a schedule approved by the
760	760	11 Agency; and
761	761	12 (3) require that, no later than the 20th day of the
762	762	13 month following the end of March, June, September, and
763	763	14 December, each initiator of deposit included in the
764	764	15 commingling program report to the third party or
765	765	16 stewardship organization operating the commingling program
766	766	17 regarding its sales of beverages into the State for the
767	767	18 previous 3-month period by brand and by number of
768	768	19 nonrefillable beverage containers sold by product size and
769	769	20 material type as well as the average beverage container
770	770	21 weight by material type and size. The third party or
771	771	22 stewardship organization shall assign financial
772	772	23 responsibility for the costs of operating the commingling
773	773	24 program to the initiators of deposit included in the
774	774	25 commingling program based on each initiator of deposit's
775	775	26 proportion of the total weight of beverage containers
776	776
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786	786	1 marketed in the State by material type or by actual count
787	787	2 of containers redeemed.
788	788	3 The third party or stewardship organization operating the
789	789	4 commingling program may require an initiator of deposit
790	790	5 included in the commingling program to provide financial
791	791	6 assurance in the form of a deposit no greater than the
792	792	7 initiator of deposit's anticipated costs for beverage
793	793	8 container deposits, redemption center handling costs, and any
794	794	9 contractual fees for up to 4 months of anticipated sales in the
795	795	10 State. The third party or stewardship organization shall
796	796	11 retain any financial assurance required under this subsection
797	797	12 in a separate account. If an initiator of deposit that has
798	798	13 provided financial assurance in accordance with this
799	799	14 subsection fails to reimburse the third party or stewardship
800	800	15 organization for its incurred costs within 90 days of receipt
801	801	16 of an invoice of such costs, the third party or stewardship
802	802	17 organization may cover those invoiced costs using the
803	803	18 financial assurance provided by the initiator of deposit in
804	804	19 accordance with this subsection.
805	805	20 The Agency may approve no more than 2 commingling
806	806	21 agreements as qualified commingling agreements under this
807	807	22 subsection and may not approve a qualified commingling
808	808	23 agreement under this subsection for a period exceeding 10
809	809	24 years.
810	810	25 (g) Not later than 48 hours following the execution or
811	811	26 amendment of a commingling agreement, including an amendment
812	812
813	813
814	814
815	815
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822	822	1 that adds an additional party to an existing agreement, the
823	823	2 parties shall file a copy of the commingling agreement or
824	824	3 amendment with the Agency.
825	825	4 (h) The initiators of deposit participating in a qualified
826	826	5 commingling agreement under this Section must submit to the
827	827	6 Agency an application for reapproval of that commingling
828	828	7 agreement in a form prescribed by the Agency at least 6 months
829	829	8 prior to the date of expiration of the Agency's prior approval
830	830	9 or reapproval.
831	831	10 After review of an application submitted under this
832	832	11 subsection, the Agency may reapprove the commingling agreement
833	833	12 for an additional period not to exceed 10 years.
834	834	13 Section 35. Unclaimed deposits.
835	835	14 (a) This Section applies only to those beverage containers
836	836	15 that are not subject to a commingling agreement under Section
837	837	16 30.
838	838	17 (b) An initiator of deposit shall maintain a separate
839	839	18 account to be known as the initiator's deposit transaction
840	840	19 fund. The initiator shall keep that fund separate from all
841	841	20 other revenues and accounts. The initiator shall place in that
842	842	21 fund the refund value for all nonrefillable beverage
843	843	22 containers it sells subject to this Act. Except as specified
844	844	23 in subsections (d) and (e), amounts in the initiator's deposit
845	845	24 transaction fund may only be expended to pay refund values for
846	846	25 returned nonrefillable beverage containers. Amounts in the
847	847
848	848
849	849
850	850
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853	853
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856	856	HB4205 - 24 - LRB103 34179 LNS 64002 b
857	857	1 fund may not be used to pay the handling fees required by this
858	858	2 Act. The fund must be maintained by the initiator on behalf of
859	859	3 consumers who have purchased products in refundable
860	860	4 nonrefillable beverage containers and on behalf of the State.
861	861	5 Except as specified in subsections (d) and (e), amounts in the
862	862	6 fund may not regarded as income of the initiator.
863	863	7 (c) An initiator of deposit shall report to the Department
864	864	8 of Revenue by the 20th day of each month concerning
865	865	9 transactions affecting its deposit transaction fund in the
866	866	10 preceding month. The report must be in a form prescribed by the
867	867	11 Department of Revenue and must include:
868	868	12 (1) the number of nonrefillable beverage containers
869	869	13 sold and the number of nonrefillable beverage containers
870	870	14 returned in the applicable month;
871	871	15 (2) the amount of deposits received in and payments
872	872	16 made from the fund in the applicable month and the most
873	873	17 recent 3-month period;
874	874	18 (3) any income earned on amounts in the fund during
875	875	19 the applicable month;
876	876	20 (4) the balance in the fund at the close of the
877	877	21 applicable month; and
878	878	22 (5) such other information as the Department of
879	879	23 Revenue may require.
880	880	24 The report required by this subsection must be treated by
881	881	25 the Department of Revenue as a return.
882	882	26 For the purposes of this subsection, "return" means any
883	883
884	884
885	885
886	886
887	887
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889	889
890	890
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893	893	1 document, digital file, or electronic data transmission
894	894	2 containing information required by this subsection to be
895	895	3 reported to the Department of Revenue.
896	896	4 (d) The initiator's abandoned deposit amount, at the end
897	897	5 of each month, is the amount equal to the amount of deposits
898	898	6 that are or should be in the fund, less the sum of:
899	899	7 (1) income earned on amounts in the fund during that
900	900	8 month; and
901	901	9 (2) the total amount of refund values received by the
902	902	10 initiator for nonrefillable beverage containers during
903	903	11 that month and the 2 preceding months.
904	904	12 Income on the fund may be transferred from the fund for use
905	905	13 as funds of the initiator.
906	906	14 (e) By the 20th day of each month, an initiator shall turn
907	907	15 over to the Department of Revenue the initiator's abandoned
908	908	16 deposit amounts determined under subsection (d). Those amounts
909	909	17 may be paid from the deposit fund. Amounts collected by the
910	910	18 Department of Revenue under this subsection must be treated by
911	911	19 the Department of Revenue as a tax and must be deposited in the
912	912	20 General Revenue Fund.
913	913	21 For the purposes of this subsection, "tax" means the total
914	914	22 amount required to be paid, withheld, and paid over or
915	915	23 collected and paid over with respect to estimated or actual
916	916	24 tax liability in this State, any credit or reimbursement
917	917	25 allowed or paid in this State that is recoverable by the
918	918	26 Department of Revenue, and any amount assessed by the
919	919
920	920
921	921
922	922
923	923
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925	925
926	926
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928	928	HB4205 - 26 - LRB103 34179 LNS 64002 b
929	929	1 Department of Revenue in this State, including any interest or
930	930	2 penalties provided by law. "Tax" also means any fee, fine,
931	931	3 penalty, or other debt owed to the State provided for by law if
932	932	4 that fee, fine, penalty, or other debt is subject to
933	933	5 collection by the Department of Revenue under statute or
934	934	6 transferred to the Department of Revenue for collection.
935	935	7 (f) If any month the authorized payments from the deposit
936	936	8 transaction fund by an initiator under this Section exceed the
937	937	9 funds that are or should be in the initiator's deposit
938	938	10 transaction fund, the Department of Revenue shall reimburse
939	939	11 the initiator, from amounts received under subsection (e), for
940	940	12 those refunds paid by the initiator for nonrefillable beverage
941	941	13 containers for which the funds that are or should be in the
942	942	14 initiator's deposit transaction fund are insufficient.
943	943	15 However, reimbursements paid by the Department of Revenue to
944	944	16 an initiator may not exceed amounts paid by the initiator
945	945	17 under subsection (e) in the preceding 24-months less amounts
946	946	18 paid to the initiator under this subsection during that same
947	947	19 24-month period.
948	948	20 (g) Any uniform tax administration provisions apply to the
949	949	21 Department of Revenue's administration of the reports and
950	950	22 payments required by this Section.
951	951	23 (h) Except as otherwise provided in this subsection, a
952	952	24 manufacturer who produces no more than 50,000 gallons of its
953	953	25 product in a calendar year is exempt from the requirements of
954	954	26 this Section for that year. A brewer who produces no more than
955	955
956	956
957	957
958	958
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961	961
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965	965	1 50,000 gallons of its product or bottler of water who sells no
966	966	2 more than 250,000 containers each containing no more than one
967	967	3 gallon of its product in a calendar year is exempt from the
968	968	4 requirements of this Section for that year.
969	969	5 (i) The Agency may remove from sale a beverage that is sold
970	970	6 or distributed in the State by an initiator of deposit who is
971	971	7 not in compliance with the reporting and payment requirements
972	972	8 established in this Section if the Agency is notified by the
973	973	9 Department of Revenue of that noncompliance. The Agency shall
974	974	10 allow the sale of the beverage to resume upon notification by
975	975	11 the Department of Revenue that all delinquent reports have
976	976	12 been submitted and all payments are current.
977	977	13 Section 40. Redemption centers.
978	978	14 (a) Redemption centers may be established and operated by
979	979	15 any person or municipality, agency, or municipal joint action
980	980	16 agency, subject to the approval of the Director, to serve
981	981	17 local dealers and consumers, at which consumers may return
982	982	18 empty beverage containers as provided under Section 25.
983	983	19 (b) Application for approval of a redemption center must
984	984	20 be filed with the Agency. The application must state the name
985	985	21 and address of the person responsible for the establishment
986	986	22 and operation of the center and the names and addresses of each
987	987	23 dealer with whom the redemption center has entered into a
988	988	24 written agreement to provide redemption services in accordance
989	989	25 with subsection (a) of Section 25 and their distances from the
990	990
991	991
992	992
993	993
994	994
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996	996
997	997
998	998	HB4205- 28 -LRB103 34179 LNS 64002 b HB4205 - 28 - LRB103 34179 LNS 64002 b
999	999	HB4205 - 28 - LRB103 34179 LNS 64002 b
1000	1000	1 redemption center, as measured along public roadways, and must
1001	1001	2 include a statement that the redemption center will accept and
1002	1002	3 manage all beverage containers the labels for which are
1003	1003	4 registered in accordance with Section 20.
1004	1004	5 (c) The Director may, by order, approve the licensing of a
1005	1005	6 redemption center if the redemption center complies with the
1006	1006	7 requirements established under Section 60 and the applicable
1007	1007	8 rules adopted under this Act.
1008	1008	9 (d) A licensed redemption center may not refuse to accept
1009	1009	10 from any consumer or dealer any empty, unbroken, and
1010	1010	11 reasonably clean beverage container of the kind, size, and
1011	1011	12 brand sold in the State as long as the label for the container
1012	1012	13 is registered under subsection (e) of Section 20 or refuse to
1013	1013	14 pay in cash the refund value of the returned beverage
1014	1014	15 container as established under Section 10. A redemption center
1015	1015	16 or reverse vending machine is not obligated to count
1016	1016	17 containers or to pay a cash refund at the time the beverage
1017	1017	18 container is returned as long as the amount of the refund value
1018	1018	19 due is placed into an account to be held for the benefit of the
1019	1019	20 consumer and funded in a manner that allows the consumer to
1020	1020	21 obtain deposits due within 2 business days of the time of the
1021	1021	22 return.
1022	1022	23 (e) A redemption center shall tender to pick-up agents
1023	1023	24 only beverage containers sold in the State that are placed in
1024	1024	25 shells, shipping cartons, bags, or other receptacles in a
1025	1025	26 manner that facilities accurate eligible beverage container
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
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1032	1032
1033	1033
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1035	1035	HB4205 - 29 - LRB103 34179 LNS 64002 b
1036	1036	1 unit counts.
1037	1037	2 (f) A redemption center shall prepare beverage containers
1038	1038	3 for pick up by pick-up agents, which are subject to audit under
1039	1039	4 rules adopted by the Agency in accordance with this
1040	1040	5 subsection.
1041	1041	6 (1) A redemption center shall label each shell,
1042	1042	7 shipping carton, bag, or other receptacle with the
1043	1043	8 business name, initials, redemption center license number,
1044	1044	9 or other unique identifying mark and with the number of
1045	1045	10 beverage containers contained in each shell, shipping
1046	1046	11 carton, bag, or other receptacle.
1047	1047	12 (2) The Agency may audit shells, shipping cartons,
1048	1048	13 bags, or other receptacles that have been prepared for
1049	1049	14 pick up by a redemption center.
1050	1050	15 (A) An audit may be conducted by the Agency
1051	1051	16 on-site at the redemption center or off-site at a
1052	1052	17 different location. Off-site audits may involve the
1053	1053	18 use of bulk redemption technology.
1054	1054	19 (B) An audit must be conducted on a minimum of
1055	1055	20 1,000 beverage containers.
1056	1056	21 (C) If the results of an audit vary from the
1057	1057	22 beverage container count labeled in accordance with
1058	1058	23 paragraph (1), the Agency shall, in the case of an
1059	1059	24 on-site audit, require the redemption center to add or
1060	1060	25 remove containers to address the variation in the
1061	1061	26 results of the audit or, in the case of an off-site
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	HB4205 - 29 - LRB103 34179 LNS 64002 b
1068	1068
1069	1069
1070	1070	HB4205- 30 -LRB103 34179 LNS 64002 b HB4205 - 30 - LRB103 34179 LNS 64002 b
1071	1071	HB4205 - 30 - LRB103 34179 LNS 64002 b
1072	1072	1 audit, require the redemption center to accept payment
1073	1073	2 from the initiator of deposit or pick-up agent
1074	1074	3 adjusted in accordance with the variation in the
1075	1075	4 results of the audit.
1076	1076	5 (D) The Agency may deny an application for
1077	1077	6 approval of a redemption center under subsection (b)
1078	1078	7 if the redemption center, pursuant to audits conducted
1079	1079	8 by the Agency in accordance with this subsection, has
1080	1080	9 repeatedly prepared for pick up shells, shipping
1081	1081	10 cartons, bags, or other receptacles containing less
1082	1082	11 than 97% of the beverage containers that such shells,
1083	1083	12 shipping cartons, bags, or other receptacles are
1084	1084	13 labeled as containing.
1085	1085	14 (g) The Agency may, in a manner consistent with the
1086	1086	15 Illinois Administrative Procedure Act, revoke the license of a
1087	1087	16 redemption center if the redemption center has not complied
1088	1088	17 with the Director's approval order issued under subsection (c)
1089	1089	18 or if the redemption center no longer provides a convenient
1090	1090	19 service to the public.
1091	1091	20 Section 45. Prohibition on certain types of containers and
1092	1092	21 holders. A beverage may not be sold or offered for sale to
1093	1093	22 consumers in this State:
1094	1094	23 (1) in a metal container designed or constructed so
1095	1095	24 that part of the container is detachable for the purpose
1096	1096	25 of opening the container without the aid of a separate can
1097	1097
1098	1098
1099	1099
1100	1100
1101	1101
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1103	1103
1104	1104
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1106	1106	HB4205 - 31 - LRB103 34179 LNS 64002 b
1107	1107	1 opener, except that nothing in this paragraph prohibits
1108	1108	2 the sale of a container the only detachable part of which
1109	1109	3 is a piece of adhesive-backed tape; and
1110	1110	4 (2) in a container composed of one or more plastics if
1111	1111	5 the basic structure of the container, exclusive of the
1112	1112	6 closure device, also includes aluminum or steel.
1113	1113	7 Section 50. Penalties.
1114	1114	8 (a) A violation of this Act by any person is a civil
1115	1115	9 violation for which a fine of not more than $100 may be
1116	1116	10 adjudged.
1117	1117	11 (b) Each day a violation under subsection (a) continues or
1118	1118	12 exists constitutes a separate offense.
1119	1119	13 (c) Notwithstanding subsection (a), a person who knowingly
1120	1120	14 violates subsection (g) of Section 25 commits a civil
1121	1121	15 violation for which a fine of $1,000 may be adjudged.
1122	1122	16 Section 55. Exception for beverage containers used on
1123	1123	17 international flights. This Act does not apply to any beverage
1124	1124	18 container sold to an airline and containing a beverage
1125	1125	19 intended for consumption on an aircraft flight in interstate
1126	1126	20 or foreign commerce.
1127	1127	21 Section 60. Licensing requirements.
1128	1128	22 (a) A license issued annually by the Agency is required
1129	1129	23 before any person may initiate deposits under Section 10,
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134
1135	1135	HB4205 - 31 - LRB103 34179 LNS 64002 b
1136	1136
1137	1137
1138	1138	HB4205- 32 -LRB103 34179 LNS 64002 b HB4205 - 32 - LRB103 34179 LNS 64002 b
1139	1139	HB4205 - 32 - LRB103 34179 LNS 64002 b
1140	1140	1 operate a redemption center under Section 40, or act as a
1141	1141	2 contracted agent for the collection of beverage containers
1142	1142	3 under paragraph (2) of subsection (g) of Section 25.
1143	1143	4 (b) The Agency shall adopt rules establishing the
1144	1144	5 requirements and procedures for issuance of licenses and
1145	1145	6 annual renewals under this Section, including a fee structure.
1146	1146	7 (c) An applicant under this Section shall include the
1147	1147	8 following fees with a license application and an annual
1148	1148	9 license renewal application.
1149	1149	10 (1) An applicant for approval of a redemption center
1150	1150	11 shall submit a $100 license fee with an initial
1151	1151	12 application and subsequent annual applications.
1152	1152	13 (2) An applicant for approval as an initiator of
1153	1153	14 deposit:
1154	1154	15 (A) of a small brewery or a small winery that
1155	1155	16 produces more than 50,000 gallons of its product or a
1156	1156	17 bottler of water that annually sells no more than
1157	1157	18 250,000 containers, each containing no more than one
1158	1158	19 gallon of its product, shall submit an annual license
1159	1159	20 fee of $50.
1160	1160	21 For the purposes of this subparagraph:
1161	1161	22 "Small brewery" means a person that engages in
1162	1162	23 either or both of the following activities:
1163	1163	24 (i) producing the person's own malt liquor by
1164	1164	25 fermentation of malt, wholly or partially, or
1165	1165	26 substitute for malt; or
1166	1166
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171	HB4205 - 32 - LRB103 34179 LNS 64002 b
1172	1172
1173	1173
1174	1174	HB4205- 33 -LRB103 34179 LNS 64002 b HB4205 - 33 - LRB103 34179 LNS 64002 b
1175	1175	HB4205 - 33 - LRB103 34179 LNS 64002 b
1176	1176	1 (ii) producing or bottling low-alcohol spirits
1177	1177	2 products consisting of malt liquor to which
1178	1178	3 spirits have been added.
1179	1179	4 "Small brewery" does not include a person that
1180	1180	5 engages in the activities described in item (i) or
1181	1181	6 (ii) above that produces in total more than 30,000
1182	1182	7 barrels per year of malt liquor and low-alcohol
1183	1183	8 spirits products consisting of malt liquor to which
1184	1184	9 spirits have been added.
1185	1185	10 "Small winery" means a person that ferments and
1186	1186	11 ages:
1187	1187	12 (i) up to 50,000 gallons per year of the
1188	1188	13 person's own wine that is not hard cider; and
1189	1189	14 (ii) up to 3,000 barrels per year of the
1190	1190	15 person's own wine that is hard cider;
1191	1191	16 (B) of a small beverage manufacturer whose total
1192	1192	17 production of all beverages from all combined
1193	1193	18 manufacturing locations in less than 50,000 gallons
1194	1194	19 annually, shall submit an annual license fee of $50;
1195	1195	20 and
1196	1196	21 (C) other than under subparagraph (A) or (B),
1197	1197	22 shall submit a $500 annual license fee with each
1198	1198	23 application.
1199	1199	24 (3) An applicant for approval as a contracted agent
1200	1200	25 for the collection of beverage containers shall submit a
1201	1201	26 $500 annual license fee with each application.
1202	1202
1203	1203
1204	1204
1205	1205
1206	1206
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1208	1208
1209	1209
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1211	1211	HB4205 - 34 - LRB103 34179 LNS 64002 b
1212	1212	1 (d) In licensing redemption centers, the Agency shall
1213	1213	2 consider at least the following:
1214	1214	3 (1) the health and safety of the public, including
1215	1215	4 sanitation protection when food is also sold on the
1216	1216	5 premises;
1217	1217	6 (2) the convenience for the public, including the
1218	1218	7 distribution of centers by population or by distance, or
1219	1219	8 both;
1220	1220	9 (3) the proximity of the proposed redemption center to
1221	1221	10 existing redemption centers and the potential impact that
1222	1222	11 the location of the proposed redemption center may have on
1223	1223	12 an existing redemption center;
1224	1224	13 (4) the proposed owner's record of compliance with
1225	1225	14 this Act and rules adopted by the Agency under this Act;
1226	1226	15 and
1227	1227	16 (5) the hours of operation of the proposed redemption
1228	1228	17 center and existing redemption centers in the proximity of
1229	1229	18 the proposed redemption center.
1230	1230	19 (e) The Agency may grant a license to a redemption center
1231	1231	20 if the following requirements are met:
1232	1232	21 (1) the Agency may license up to 5 redemption centers
1233	1233	22 in a municipality with a population over 30,000;
1234	1234	23 (2) the Agency may license up to 3 redemption centers
1235	1235	24 in a municipality with a population over 20,000 but no
1236	1236	25 more than 30,000; and
1237	1237	26 (3) the Agency may license up to 2 redemption centers
1238	1238
1239	1239
1240	1240
1241	1241
1242	1242
1243	1243	HB4205 - 34 - LRB103 34179 LNS 64002 b
1244	1244
1245	1245
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1247	1247	HB4205 - 35 - LRB103 34179 LNS 64002 b
1248	1248	1 in a municipality with a population over 5,000 but no more
1249	1249	2 than 20,000.
1250	1250	3 For a municipality with a population of no more than
1251	1251	4 5,000, the Agency may license redemption canters in accordance
1252	1252	5 with rules adopted by the Agency.
1253	1253	6 (f) Notwithstanding subsection (e):
1254	1254	7 (1) an entity that is a distributor licensed by or
1255	1255	8 registered with the Agency need not comply with subsection
1256	1256	9 (e);
1257	1257	10 (2) a reverse vending machine is not considered a
1258	1258	11 redemption center for purposes of subsection (e) when it
1259	1259	12 is located in a licensed redemption center; and
1260	1260	13 (3) the Agency may grant a license that is
1261	1261	14 inconsistent with the requirements set out in subsection
1262	1262	15 (e) only if the applicant has demonstrated a compelling
1263	1263	16 public need for an additional redemption center in the
1264	1264	17 municipality.
1265	1265	18 Section 65. Beverage Container Enforcement Fund.
1266	1266	19 (a) The Beverage Container Enforcement Fund is created as
1267	1267	20 a special fund in the State treasury. Any interest earned on
1268	1268	21 moneys in the Fund shall be deposited into the Fund.
1269	1269	22 (b) The Fund consists of:
1270	1270	23 (1) fees for issuance of licenses and license renewals
1271	1271	24 under Section 60;
1272	1272	25 (2) fees for registration of beverage container labels
1273	1273
1274	1274
1275	1275
1276	1276
1277	1277
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1279	1279
1280	1280
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1282	1282	HB4205 - 36 - LRB103 34179 LNS 64002 b
1283	1283	1 and registration renewals under subsection (e) of Section
1284	1284	2 20; and
1285	1285	3 (3) all other money appropriated or allocated for
1286	1286	4 inclusion in the Fund.
1287	1287	5 (c) The Agency may combine administration and inspection
1288	1288	6 responsibilities of other programs it administers with
1289	1289	7 administration and enforcement responsibilities under this Act
1290	1290	8 for efficiency purposes. However, money in the Fund may be
1291	1291	9 used to Fund only the portion of staff time devoted to
1292	1292	10 administration and enforcement activities under this Act.
1293	1293	11 (d) The Fund is a nonlapsing, revolving fund. All money in
1294	1294	12 the Fund must be continuously applied by the Agency to carry
1295	1295	13 out the administrative and enforcement responsibilities of the
1296	1296	14 Agency under this Act.
1297	1297	15 Section 70. Agency administration. The Agency shall
1298	1298	16 administer this Act and has the authority, following public
1299	1299	17 hearing, to adopt necessary rules to carry it into effect. The
1300	1300	18 Agency may adopt rules governing redemption centers that
1301	1301	19 receive beverage containers from dealers supplied by
1302	1302	20 distributors other than the distributors servicing the area in
1303	1303	21 which the redemption center is located in order to prevent the
1304	1304	22 distributors servicing the area in which the redemption center
1305	1305	23 is located in order to prevent the distributors servicing the
1306	1306	24 area within which the redemption center is located from being
1307	1307	25 unfairly penalized. In addition to other actions required by
1308	1308
1309	1309
1310	1310
1311	1311
1312	1312
1313	1313	HB4205 - 36 - LRB103 34179 LNS 64002 b
1314	1314
1315	1315
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1317	1317	HB4205 - 37 - LRB103 34179 LNS 64002 b
1318	1318	1 this Act, the Agency responsibilities include:
1319	1319	2 (1) The Agency shall establish and maintain a registry
1320	1320	3 of beverage container labels. The registry must contain
1321	1321	4 the information of each beverage type and beverage
1322	1322	5 contained filed under subsection (e) of Section 20
1323	1323	6 arranged and displayed in an organized and comprehensible
1324	1324	7 manner. The Agency shall update the registry regularly and
1325	1325	8 make information from the registry available upon request.
1326	1326	9 (2) The Agency shall provide information about the
1327	1327	10 operation of this Act to any affected person whose
1328	1328	11 premises it inspects or visits as part of its licensing
1329	1329	12 and inspection responsibilities.
1330	1330	13 Section 75. Denial of redemption center license.
1331	1331	14 (a) The Agency shall notify an applicant denied a license
1332	1332	15 for a redemption center of the reasons for the denial. Written
1333	1333	16 notification must be sent to the mailing address given by the
1334	1334	17 applicant in the application for a redemption center license.
1335	1335	18 (b) An applicant aggrieved by a decision made by the
1336	1336	19 Agency may appeal the decision to the Pollution Control Board
1337	1337	20 in accordance with Section 40 of the Environmental Protection
1338	1338	21 Act or by filing an appeal with the Appellate Court and serving
1339	1339	22 a copy of the appeal in accordance with the Code of Civil
1340	1340	23 Procedure. The appeal to the Pollution Control Board or to the
1341	1341	24 Appellate Court must be filed and served within 30 days of the
1342	1342	25 mailing of the Agency's decision.
1343	1343
1344	1344
1345	1345
1346	1346
1347	1347
1348	1348	HB4205 - 37 - LRB103 34179 LNS 64002 b
1349	1349
1350	1350
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1352	1352	HB4205 - 38 - LRB103 34179 LNS 64002 b
1353	1353	1 Section 80. Unlawful possession of beverage containers.
1354	1354	2 (a) A person is guilty of a violation of this Section if
1355	1355	3 that person possesses more than 48 beverage containers that
1356	1356	4 are not labeled as required under Section 20. This Section
1357	1357	5 does not apply to any landfill or waste disposal sites
1358	1358	6 permitted by the Agency under the Environmental Protection
1359	1359	7 Act.
1360	1360	8 (b) A violation of this Section is a civil violation for
1361	1361	9 which a fine of $100 per container in excess of 48 beverage
1362	1362	10 containers may be adjudged.
1363	1363	11 (c) The Illinois State Police shall enforce this Section
1364	1364	12 and prosecute any persons found in violation.
1365	1365	13 (d) An initiator of deposit may maintain a civil action in
1366	1366	14 a circuit court against a person, other than a redemption
1367	1367	15 center licensed in accordance with Section 60, in possession
1368	1368	16 of more than 48 beverage containers that the person knows or
1369	1369	17 has reason to know were not originally sold in this State as
1370	1370	18 filled beverage containers. If the initiator of deposit
1371	1371	19 prevails in any action, the initiator of deposit is entitled
1372	1372	20 to an award of reasonable attorney's fees and court costs,
1373	1373	21 including expert witness fees.
1374	1374	22 (e) The Agency may, by rule, adopt procedures for
1375	1375	23 designating certain transportation activities and storage or
1376	1376	24 production facilities or portions of facilities as exempt from
1377	1377	25 this Section. Any exemption granted under this subsection must
1378	1378
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383	HB4205 - 38 - LRB103 34179 LNS 64002 b
1384	1384
1385	1385
1386	1386	HB4205- 39 -LRB103 34179 LNS 64002 b HB4205 - 39 - LRB103 34179 LNS 64002 b
1387	1387	HB4205 - 39 - LRB103 34179 LNS 64002 b
1388	1388	1 be based on a showing by the person owning or operating the
1389	1389	2 facility or undertaking the activity that:
1390	1390	3 (1) the beverage containers stored or transported are
1391	1391	4 intended solely for retail sale outside of the State;
1392	1392	5 (2) the beverage containers are being transported to
1393	1393	6 and stored in a facility licensed by the Department of
1394	1394	7 Revenue. No person shall receive, hold, store, or deliver
1395	1395	8 any alcoholic liquors without a certificate of
1396	1396	9 registration from the Department of Revenue in accordance
1397	1397	10 with Article VIIA of the Liquor Control Act of 1934 prior
1398	1398	11 to labeling and subsequent retail sale within the State;
1399	1399	12 or
1400	1400	13 (3) the person is licensed by the Department of
1401	1401	14 Revenue. No person shall receive, hold, store, or deliver
1402	1402	15 any alcoholic liquors without a certificate of
1403	1403	16 registration from the Department of Revenue in accordance
1404	1404	17 with Article VIIA of the Liquor Control Act of 1934 to
1405	1405	18 import malt liquor and wine into the State, the beverage
1406	1406	19 containers contain malt liquor or wine and these
1407	1407	20 containers are being transported or stored prior to
1408	1408	21 labeling and subsequent retail sale within the State.
1409	1409	22 The Agency may require reporting of the numbers of
1410	1410	23 beverage containers imported into and exported from the State
1411	1411	24 under the terms of this subsection.
1412	1412	25 Section 85. Glass-breaking games. A person, firm,
1413	1413
1414	1414
1415	1415
1416	1416
1417	1417
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1419	1419
1420	1420
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1422	1422	HB4205 - 40 - LRB103 34179 LNS 64002 b
1423	1423	1 corporation, association, or organization may not hold,
1424	1424	2 conduct, or operate any game, contest scheme, or device in
1425	1425	3 which a person stakes or risks something of value for the
1426	1426	4 opportunity to win something of value if that game, contest,
1427	1427	5 scheme, or device involves the breaking of glass. A violation
1428	1428	6 of this Section is a Class C misdemeanor.
1429	1429	7 Section 90. Reporting requirements.
1430	1430	8 (a) This Section establishes annual reporting requirements
1431	1431	9 for initiators of deposit and pick-up agents that are not
1432	1432	10 initiators of deposit.
1433	1433	11 (b) Each initiator of deposit shall report annually by
1434	1434	12 March 1 to the Agency concerning its deposit transactions in
1435	1435	13 the preceding calendar year. The report must be in a form
1436	1436	14 prescribed by the Agency and must include the number of
1437	1437	15 nonrefillable beverage containers sold by the initiator of
1438	1438	16 deposit in the State by container size, beverage type, and
1439	1439	17 redemption value, delineated at a minimum into wine, spirits,
1440	1440	18 and all other beverage types, and must include the number of
1441	1441	19 nonrefillable beverage containers returned to the initiator of
1442	1442	20 deposit by beverage type and redemption value.
1443	1443	21 (c) Each pick-up agent that is not an initiator of deposit
1444	1444	22 shall report annually by March 1 to the Agency concerning the
1445	1445	23 redemptions for each initiator of deposit it served in the
1446	1446	24 preceding calendar year. The report must be in a form
1447	1447	25 prescribed by the Agency and must include the number of
1448	1448
1449	1449
1450	1450
1451	1451
1452	1452
1453	1453	HB4205 - 40 - LRB103 34179 LNS 64002 b
1454	1454
1455	1455
1456	1456	HB4205- 41 -LRB103 34179 LNS 64002 b HB4205 - 41 - LRB103 34179 LNS 64002 b
1457	1457	HB4205 - 41 - LRB103 34179 LNS 64002 b
1458	1458	1 nonrefillable containers returned by the pick-up agent to each
1459	1459	2 initiator of deposit it served by redemption value, except
1460	1460	3 that the pick-up agent may report by average weight and total
1461	1461	4 weight of beverage containers returned by material type for
1462	1462	5 containers managed by a qualified commingling agreement under
1463	1463	6 Section 30.
1464	1464	7 (d) Proprietary information submitted to the Agency in a
1465	1465	8 report required under this Section that is identified by the
1466	1466	9 submittor as proprietary information is confidential and must
1467	1467	10 be handled by the Agency in the same manner as other
1468	1468	11 confidential information.
1469	1469	12 Section 95. The State Finance Act is amended by adding
1470	1470	13 Section 5.990 as follows:
1471	1471
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476	HB4205 - 41 - LRB103 34179 LNS 64002 b