Illinois 2025 2025-2026 Regular Session

Illinois Senate Bill SB0132 Introduced / Bill

Filed 01/17/2025

                    104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0132 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: New Act Creates the Plastic Bottle Cap Reduction Act. Provides that, beginning January 1, 2029, a manufacturer may not sell, offer for sale, or distribute for sale in the State a single-use plastic beverage container with a plastic beverage cap unless the plastic beverage cap is composed of a plastic resin with the same resin identification code as the single-use plastic beverage container and the cap either (1) is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed or (2) includes an opening from which the beverage can be consumed while the cap remains screwed onto or otherwise affixed to the container. Provides that a manufacturer that produces single-use plastic beverage containers shall provide to the Environmental Protection Agency upon request all information necessary for the Agency to determine the manufacturer's compliance with the Act. Provides for an entity with a legally recognized corporate relationship to a manufacturer to assume the manufacturer's responsibilities under the Act. Provides that the requirements of the Act do not apply to a manufacturer of beer, wine, or spirits that annually produces 50,000 gallons or less of any one or more of those products or to a manufacturer of beverages other than beer, wine, or spirits that annually produces 250,000 or fewer single-use plastic beverage containers containing its product. Provides that any person who violates any provision of the Act shall be liable for a civil penalty of $1,000 per violation per day. Authorizes the Attorney General or State's Attorney to prosecute violations of the Act. Defines terms. LRB104 03159 BDA 13180 b   A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0132 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:  New Act New Act  Creates the Plastic Bottle Cap Reduction Act. Provides that, beginning January 1, 2029, a manufacturer may not sell, offer for sale, or distribute for sale in the State a single-use plastic beverage container with a plastic beverage cap unless the plastic beverage cap is composed of a plastic resin with the same resin identification code as the single-use plastic beverage container and the cap either (1) is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed or (2) includes an opening from which the beverage can be consumed while the cap remains screwed onto or otherwise affixed to the container. Provides that a manufacturer that produces single-use plastic beverage containers shall provide to the Environmental Protection Agency upon request all information necessary for the Agency to determine the manufacturer's compliance with the Act. Provides for an entity with a legally recognized corporate relationship to a manufacturer to assume the manufacturer's responsibilities under the Act. Provides that the requirements of the Act do not apply to a manufacturer of beer, wine, or spirits that annually produces 50,000 gallons or less of any one or more of those products or to a manufacturer of beverages other than beer, wine, or spirits that annually produces 250,000 or fewer single-use plastic beverage containers containing its product. Provides that any person who violates any provision of the Act shall be liable for a civil penalty of $1,000 per violation per day. Authorizes the Attorney General or State's Attorney to prosecute violations of the Act. Defines terms.  LRB104 03159 BDA 13180 b     LRB104 03159 BDA 13180 b   A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0132 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Plastic Bottle Cap Reduction Act. Provides that, beginning January 1, 2029, a manufacturer may not sell, offer for sale, or distribute for sale in the State a single-use plastic beverage container with a plastic beverage cap unless the plastic beverage cap is composed of a plastic resin with the same resin identification code as the single-use plastic beverage container and the cap either (1) is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed or (2) includes an opening from which the beverage can be consumed while the cap remains screwed onto or otherwise affixed to the container. Provides that a manufacturer that produces single-use plastic beverage containers shall provide to the Environmental Protection Agency upon request all information necessary for the Agency to determine the manufacturer's compliance with the Act. Provides for an entity with a legally recognized corporate relationship to a manufacturer to assume the manufacturer's responsibilities under the Act. Provides that the requirements of the Act do not apply to a manufacturer of beer, wine, or spirits that annually produces 50,000 gallons or less of any one or more of those products or to a manufacturer of beverages other than beer, wine, or spirits that annually produces 250,000 or fewer single-use plastic beverage containers containing its product. Provides that any person who violates any provision of the Act shall be liable for a civil penalty of $1,000 per violation per day. Authorizes the Attorney General or State's Attorney to prosecute violations of the Act. Defines terms.
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A BILL FOR
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1  AN ACT concerning safety.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Short title. This Act may be cited as the
5  Plastic Bottle Cap Reduction Act.
6  Section 5. Definitions. As used in this Act, unless the
7  context requires otherwise:
8  "Agency" means the Environmental Protection Agency.
9  "Beverage" means any of the following products that are in
10  liquid, ready-to-drink form, are in plastic beverage
11  containers of 16 ounces or less, and are intended for human
12  consumption: beer and malt beverages; wine, wine coolers, or
13  distilled spirits coolers; carbonated and noncarbonated water;
14  soda; carbonated and noncarbonated soft drinks and fruit
15  drinks; coffee and tea drinks; and vegetable juice.
16  "Manufacturer" means a person, partnership, association,
17  corporation, or other entity that, through its own action or
18  through contract or control of another entity, is primarily
19  responsible for the production of a beverage held in a
20  single-use plastic beverage container and sold, offered for
21  sale, or distributed for sale in the State.
22  "Plastic" means a synthetic material made from fossil fuel
23  or organic-based polymers that can be molded or blown into

 

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0132 Introduced 1/17/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Plastic Bottle Cap Reduction Act. Provides that, beginning January 1, 2029, a manufacturer may not sell, offer for sale, or distribute for sale in the State a single-use plastic beverage container with a plastic beverage cap unless the plastic beverage cap is composed of a plastic resin with the same resin identification code as the single-use plastic beverage container and the cap either (1) is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed or (2) includes an opening from which the beverage can be consumed while the cap remains screwed onto or otherwise affixed to the container. Provides that a manufacturer that produces single-use plastic beverage containers shall provide to the Environmental Protection Agency upon request all information necessary for the Agency to determine the manufacturer's compliance with the Act. Provides for an entity with a legally recognized corporate relationship to a manufacturer to assume the manufacturer's responsibilities under the Act. Provides that the requirements of the Act do not apply to a manufacturer of beer, wine, or spirits that annually produces 50,000 gallons or less of any one or more of those products or to a manufacturer of beverages other than beer, wine, or spirits that annually produces 250,000 or fewer single-use plastic beverage containers containing its product. Provides that any person who violates any provision of the Act shall be liable for a civil penalty of $1,000 per violation per day. Authorizes the Attorney General or State's Attorney to prosecute violations of the Act. Defines terms.
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A BILL FOR

 

 

New Act



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1  specific shapes. "Plastic" includes polyethylene, polystyrene,
2  polypropylene, and polycarbonate.
3  "Plastic beverage cap" means a cap that is composed wholly
4  or primarily of plastic and that is screwed onto or otherwise
5  affixed to a single-use plastic beverage container. "Plastic
6  beverage cap" does not include a cap that is composed wholly or
7  primarily of a nonplastic material but also contains a plastic
8  seal.
9  "Single-use plastic beverage container" means an
10  individual bottle, can, jar, carton, or other container that:
11  (1) is composed wholly or primarily of plastic;
12  (2) contains one liter or less of a beverage; and
13  (3) is intended to be disposed of after one use.
14  "Single-use plastic beverage container" does not include a
15  bottle, jar, carton, or container that is composed wholly or
16  primarily of nonplastic materials but also contains a plastic
17  beverage cap; a cup or other similar open or loosely sealed
18  container; or a container that is intended by the producer to
19  be reused for the same purpose multiple times.
20  Section 10. Plastic beverage caps. Beginning January 1,
21  2029, a manufacturer may not sell, offer for sale, or
22  distribute for sale in the State a single-use plastic beverage
23  container with a plastic beverage cap unless the plastic
24  beverage cap is composed of a plastic resin with the same resin
25  identification code as the single-use plastic beverage

 

 

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1  container as determined in accordance with the Standard
2  Practice for Coding Plastic Manufactured Articles for Resin
3  Identification of the American Society for Testing and
4  Materials, ASTM D7611, and:
5  (1) the plastic beverage cap is tethered to the single-use
6  plastic beverage container in a manner that prevents the
7  separation of the plastic beverage cap from the single-use
8  plastic beverage container when the plastic beverage cap is
9  removed; or
10  (2) the plastic beverage cap includes an opening from
11  which the beverage can be consumed while the plastic beverage
12  cap remains screwed onto or otherwise affixed to the
13  single-use plastic beverage container.
14  Section 15. Manufacturer compliance.
15  (a) A manufacturer that produces single-use plastic
16  beverage containers shall provide to the Agency upon request
17  all information necessary for the Agency to determine the
18  manufacturer's compliance with the requirements of this Act.
19  (b) In determining whether an entity meets the definition
20  of "manufacturer" under Section 5, the Agency shall consider,
21  without limitation, the following factors:
22  (1) the ownership of the brand name of the beverage
23  contained in the single-use plastic beverage container;
24  (2) the primary control or influence over the design
25  of the beverage contained in the single-use plastic

 

 

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1  beverage container; and
2  (3) the primary control or influence over the design
3  of the single-use plastic beverage container in which the
4  beverage is contained.
5  (c) An entity with a legally recognized corporate
6  relationship to a manufacturer that is subject to the
7  requirements of this Section may, on behalf of that
8  manufacturer and following notification to the Agency, assume
9  the manufacturer's responsibilities under this Act.
10  (d) The requirements of this Act do not apply to a
11  manufacturer of beer, wine, or spirits that annually produces
12  50,000 gallons or less of any one or more of those products or
13  to a manufacturer of beverages other than beer, wine, or
14  spirits that annually produces 250,000 or fewer single-use
15  plastic beverage containers containing its product.

 

 

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