Illinois General Assembly - Full Text of HB1799
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Full Text of HB1799  102nd General Assembly

HB1799 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1799

 

Introduced 2/17/2021, by Rep. Delia C. Ramirez

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.935 new

    Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 5 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 the 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 plastic metal 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 amount of beverage containers each distributor sold in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Effective immediately.


LRB102 10387 CPF 15714 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1799LRB102 10387 CPF 15714 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Container Fee and Deposit Act.
 
6    Section 5. Definitions. As used in this Act, the following
7terms shall have the meanings indicated, unless the context
8otherwise requires:
9    "Agency" means the Illinois Environmental Protection
10Agency.
11    "Beverage" means (i) wine, alcoholic liquor, or beer as
12defined in the Liquor Control Act of 1934 or (ii) mineral
13water, tea, coffee, soda water, or similar carbonated soft
14drinks, bottled water, juice, or other drinks in liquid form
15intended for human consumption and excluding products that are
16primarily derived from dairy.
17    "Beverage container" means any glass, plastic, aluminum,
18or other metal can, bottle, jar, or carton, in which the
19bottler or the manufacturer has sealed the contents.
20    "Consumer" means a person who purchases or acquires a
21beverage in a beverage container for the use of its contents.
22    "Dealer" means a person who sells or offers for sale to
23consumers within this State a beverage in a beverage

 

 

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1container, including an operator of a vending machine
2containing a beverage in a beverage container.
3    "Dealer agent" means a person who solicits or picks up
4empty beverage containers from a dealer for the purpose of
5returning the empty beverage containers to the distributor or
6the manufacturer.
7    "Director" means the Director of the Illinois
8Environmental Protection Agency.
9    "Distributor" means a person who engages in the sale of
10beverages in beverage containers to a dealer in the State,
11including a manufacturer who engages in those sales.
12    "Geographic territory" means the geographical area within
13a perimeter formed by the outermost boundaries of the area
14served by a distributor.
15    "Illinois Container Fee and Deposit Fund" means a fund
16created for the deposit and disbursement of all deposit and
17redemption center fee moneys generated through the
18administration of this Act.
19    "Manufacturer" means a person who bottles, cans, or
20otherwise fills beverage containers for sale to distributors
21or dealers.
22    "Nonrefillable beverage container" means a beverage
23container that, after being used by a consumer, is not
24intended to be refilled for sale by a manufacturer.
25    "Redemption center" means a business at which consumers
26may return empty beverage containers and receive payment for

 

 

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1the refund value of the empty beverage containers.
 
2    Section 10. The Illinois Container Fee and Deposit Fund.
3The Illinois Container Fee and Deposit Fund is created as a
4special Fund in the State treasury. All moneys retrieved
5through the administration of this Act shall be deposited into
6the Fund and administered by the Agency. Distributors shall
7submit via deposit to the Fund the deposit and redemption
8center fee moneys from the beverage containers they sell in
9this State. The Fund shall then be used to distribute these
10moneys to redemption centers in accordance with the rules
11adopted for administration of this Act.
 
12    Section 15. Deposit values.
13    (a) A deposit value of 5 cents shall be paid by the
14consumer on each beverage container sold in the State by a
15dealer for consumption. Upon the return to a dealer or person
16operating a redemption center of the empty beverage container
17upon which a deposit has been paid and the acceptance of the
18empty beverage container by the dealer or the person operating
19the redemption center, the dealer or redemption center must
20refund the value of the deposit to the consumer.
21    (b) In addition to the deposit refund provided in
22subsection (a), a dealer, dealer agent, or person operating a
23redemption center who redeems empty beverage containers shall
24be reimbursed by any distributor required to accept the empty

 

 

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1beverage containers a value of 2-cents per container (the
2"redemption center fee"). A dealer, dealer agent, or person
3operating a redemption center may compact empty metal beverage
4containers with the approval of the distributor required to
5accept the containers.
 
6    Section 20. Payment of deposit value; notice to consumers.
7Except as provided in Section 25:
8        (1) A dealer may not refuse to accept from a consumer
9    any empty beverage container of the kind, size, or brand
10    sold by the dealer or refuse to pay to the consumer the
11    deposit value of the beverage container as stated in
12    Section 15, provided that the beverage container is
13    returned to the dealer in an empty, unbroken, and
14    reasonably clean state.
15        (2) A dealer must place a sign or shelf label in close
16    proximity to any sales display of beverage containers to
17    inform consumers that containers are returnable. The sign
18    or label shall indicate the value of the deposit required
19    for each beverage container and that containers are
20    returnable.
21        (3) An operator of a vending machine that sells
22    containers shall post a conspicuous notice on the vending
23    machine indicating that a deposit refund is available on
24    each container purchased and indicating where and from
25    whom that refund may be obtained. This Section does not

 

 

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1    require vending machine operators to provide refunds at
2    the premises where the vending machine is located.
3        (4) A dealer may limit the total number of beverage
4    containers that he or she will accept from one consumer on
5    any business day to 100 containers. The dealer may refuse
6    to accept containers for a period of not more than 3 hours
7    during any business day, provided that the hours during
8    which containers will not be accepted are conspicuously
9    posted.
10        (5) A distributor shall accept and pick up all empty
11    beverage containers of the kind, size, or brand sold by
12    the distributor from all dealers served by the distributor
13    and from all redemption centers. If the distributor
14    delivers the beverage product less frequently than weekly,
15    then the distributor shall accept and pick up any empty
16    beverage container of the kind, size, or brand sold by the
17    distributor at the time of that delivery. The distributor
18    shall pay to the dealer or the redemption center the
19    deposit refund value of the beverage container and the
20    redemption center fee as provided under Section 15 of this
21    Act either within one week following the pickup of the
22    containers or when the dealer or redemption center
23    normally pays the distributor for the deposit on beverage
24    products purchased from the distributor if less frequently
25    than weekly. A distributor, employee, or agent of a
26    distributor is not in violation of this paragraph if a

 

 

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1    redemption center is closed when the distributor attempts
2    to make a regular delivery or a regular pickup of empty
3    beverage containers.
4        (6) A distributor shall accept from a dealer agent any
5    empty beverage container of the kind, size, or brand sold
6    by the distributor that was picked up by the dealer agent
7    from a dealer within the geographic territory served by
8    the distributor. The distributor shall pay the dealer
9    agent the deposit value of the empty beverage container
10    and the redemption center fee as provided in Section 15.
11        (7) The Agency shall adopt rules regulating the
12    recycling and disposal of empty beverage containers. The
13    rules shall give priority to the recycling of empty
14    beverage containers to the extent possible.
 
15    Section 25. Refusal to accept containers.
16    (a) A dealer, redemption center, distributor, or
17manufacturer may refuse to accept any empty beverage container
18that does not have stated on it a deposit value as provided
19under Section 30.
20    (b) A dealer may refuse to accept any type of container
21that the dealer has not sold within the past 60 days.
22    (c) A dealer may refuse to accept and to pay the refund
23value of any empty beverage container if the place of business
24of the dealer and the kind and brand of empty beverage
25containers are included in an order of the Agency approving a

 

 

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1redemption center under Section 35.
2    (d) An owner or operator of an establishment who sells
3beverages for consumption only on the premises may refuse to
4accept and to pay the refund value on an empty alcoholic liquor
5container except from a consumer who has purchased and
6consumed the beverage at that establishment.
7    (e) A manufacturer or distributor may refuse to accept and
8to pay the refund value and reimbursement as provided in
9Section 25 on any empty beverage container that was picked up
10by a dealer agent from a dealer outside the geographic
11territory served by that manufacturer or distributor.
12    (f) A distributor may refuse to accept beverage containers
13from any person who is not a dealer in a quantity of fewer than
14300 containers of the type, size, or brand sold by the
15distributor.
 
16    Section 30. Deposit value stated on container; exceptions.
17    (a) Each beverage container sold or offered for sale in
18this State by a dealer shall clearly indicate by embossing or
19by a stamp, label, or other method securely affixed to the
20container the refund value of that container. The Agency shall
21specify, by rule, the minimum size of the deposit value
22indication on the beverage containers.
23    (b) A distributor shall not import into this State after
24January 1, 2022 a beverage container that does not have the
25deposit value indication securely affixed to the container.

 

 

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1    (c) A person may not bring beverage containers into this
2State after January 1, 2022 that do not have the deposit value
3indication securely affixed unless for each occurrence:
4        (1) For beverage containers containing alcoholic
5    liquor as defined in the Liquor Control Act of 1934, the
6    total capacity of the container is not more than one quart
7    or, in the case of alcoholic liquor personally obtained
8    outside the United States, one gallon.
9        (2) For beverage containers containing beer as defined
10    in the Liquor Control Act of 1934, the total capacity of
11    the container is not more than 288 fluid ounces.
12        (3) For all other beverage containers, the total
13    capacity of the container is not more than 565 fluid
14    ounces.
15    (d) The provisions of subsections (a), (b), and (c) do not
16apply to a refillable glass beverage container that has a
17brand name permanently marked on it and that has a deposit
18value of greater than 5 cents, to any other refillable
19beverage container that has a deposit value of not less than 5
20cents and that is exempted by the Director under rules adopted
21by the Agency, or to a beverage container sold aboard a
22commercial airliner or passenger train for consumption on the
23premises.
 
24    Section 35. Redemption centers.
25    (a) To facilitate the return of empty beverage containers

 

 

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1and to serve dealers of beverages, any person may establish a
2redemption center, subject to the approval of the Agency, at
3which consumers may return empty beverage containers and
4receive payment of the stated deposit value.
5    (b) An application for approval of a redemption center
6shall be filed with the Agency. The application shall state
7the name and address of the person responsible for the
8establishment and operation of the redemption center, the kind
9and brand names of the beverage containers that will be
10accepted at the redemption center, and the names and addresses
11of the dealers to be served by the redemption center. The
12application shall contain any other information that the
13Director may reasonably require.
14    (c) The Agency shall approve a redemption center if it
15finds that the redemption center will provide a convenient
16service to consumers for the return of empty beverage
17containers. The order of the Agency approving a redemption
18center shall state the dealers to be served by the redemption
19center and the kind and brand names of empty beverage
20containers that the redemption center must accept. The order
21may contain such other provisions to ensure that the
22redemption center will provide a convenient service to the
23public as the Director may determine.
24    (d) The Agency may review the approval of any redemption
25center at any time. After written notice to the person
26responsible for the establishment and operation of the

 

 

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1redemption center, and to the dealers served by the redemption
2center, the Agency may, after hearing, withdraw approval of
3the redemption center if the Agency finds there has not been
4compliance with the Agency's order approving the redemption
5center, or if the redemption center no longer provides a
6convenient service to the public.
7    (e) All approved redemption centers shall meet applicable
8health standards.
 
9    Section 40. Snap-top cans prohibited. No person shall sell
10or offer for sale at retail in this State any metal beverage
11container so designed and constructed that a part of the
12container is detachable in opening the container.
 
13    Section 45. Rules. The Agency shall adopt, upon
14recommendation of the Director, the rules necessary to carry
15out the provisions of this Act, subject to the provisions of
16the Illinois Administrative Procedure Act.
 
17    Section 50. Appeals. Any person aggrieved by an order of
18the Agency relating to the approval or withdrawal of approval
19for a redemption center may seek judicial review of such order
20as provided in the Administrative Review Law.
 
21    Section 55. Penalties.
22    (a) A person violating the provisions of Sections 15, 20,

 

 

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125, or 40 or a rule adopted pursuant to Section 45 of this Act
2is guilty of a Class C misdemeanor.
3    (b) A distributor who collects or attempts to collect a
4deposit value on an empty beverage container when the
5distributor has paid the deposit value on the container to a
6dealer, redemption center, or consumer is guilty of a business
7offense.
8    (c) Any person who does any of the following acts is guilty
9of a business offense:
10        (1) Collects or attempts to collect the deposit value
11    on the container a second time, with the knowledge that
12    the deposit value has once been paid by the distributor to
13    a dealer, redemption center, or consumer.
14        (2) Manufactures, sells, possesses, or applies a false
15    or counterfeit label or indication to a beverage container
16    that shows or purports to show a deposit value for a
17    beverage container, with the intent to obtain a refund of
18    the deposit value for the false or counterfeit label or
19    indication.
20        (3) Collects or attempts to collect a deposit refund
21    value on a container with the use of a false or counterfeit
22    label or indication showing a deposit value, knowing the
23    label or indication to be false or counterfeit.
24    (d) As used in this Section, "false or counterfeit label
25or indication" means a label or indication purporting to show
26a valid deposit value that has not been initially applied as

 

 

HB1799- 12 -LRB102 10387 CPF 15714 b

1authorized by a distributor.
 
2    Section 60. Distributor agreements authorized. A
3distributor may enter into a contract or agreement with any
4other distributor, manufacturer, or person for the purpose of
5collecting or paying the deposit value on or disposing of
6beverage containers.
 
7    Section 65. Redemption of refused nonrefillable metal
8beverage containers.
9    (a) If the deposit value indication required under Section
1030 on an empty nonrefillable metal beverage container is
11readable but the redemption of the container is lawfully
12refused by a dealer or person operating a redemption center,
13the container shall be accepted and the deposit value paid to a
14consumer as provided in this Section. Each beer distributor
15selling nonrefillable metal beverage containers in this State
16shall provide individually or collectively by contract or
17agreement with a dealer, redemption center, or another person,
18at least one facility in the county seat of each county where
19refused empty nonrefillable metal beverage containers having a
20readable deposit value indication as required by this Act are
21accepted and redeemed. In counties having a population of
22100,000 or more, the number of the facilities provided shall
23be one facility for every 100,000 population or a fractional
24part of that population.

 

 

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1    (b) A beer distributor violating this Section is guilty of
2a Class C misdemeanor.
 
3    Section 70. Plastic cans prohibited.
4    (a) Beginning on the effective date of this Act, a person
5shall not manufacture, offer for sale, or sell any
6single-serving beverage container that is a plastic can nor
7offer for sale or sell any beverage packaged in a
8single-serving plastic can. For the purposes of this Section,
9"plastic can" means a beverage container that, in addition to
10the closure mechanism, is composed of plastic and metal.
11    (b) A person violating this Section is guilty of a Class A
12misdemeanor.
 
13    Section 75. Disposal at sanitary landfill prohibited.
14Beginning one year after the effective date of this Act, the
15final disposal of beverage containers by a dealer,
16distributor, manufacturer, or a person operating a redemption
17center in a sanitary landfill is prohibited. Beginning one
18year after the effective date of this Act, the final disposal
19of beverage containers used to contain alcoholic liquor, as
20defined in the Liquor Control Act of 1934, by a dealer,
21distributor, manufacturer, or redemption center in a sanitary
22landfill is prohibited.
 
23    Section 80. Unclaimed deposits. All moneys deposited into

 

 

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1the Illinois Container Fee and Deposit Fund and not passed on
2to the consumer through bottle redemption shall be used by the
3Agency to administer this Act, with excess funds to be
4disbursed by the Agency in the following manner:
5        (1) 75% to environmental and conservation-related
6    programs, as determined by the Agency; and
7        (2) 25% to each distributor, proportionally determined
8    by the amount of beverage containers each distributor has
9    sold in this State during the previous complete period
10    from January 1 to December 30 after the effective date of
11    this Act.
 
12    Section 85. Local powers. Nothing in this Act is intended
13to limit the municipal or county power granted in the Solid
14Waste Planning and Recycling Act to establish or operate a
15recycling or redemption center.
 
16    Section 900. The State Finance Act is amended by adding
17Section 5.935 as follows:
 
18    (30 ILCS 105/5.935 new)
19    Sec. 5.935. The Illinois Container Fee and Deposit Fund.
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.