State of Illinois
2023 and 2024


Introduced 2/15/2023, by Rep. Martin J. Moylan


New Act
30 ILCS 105/5.990 new

    Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 10 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that, upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs and 25% to each distributor in proportion to the number of beverage containers sold by each distributor in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Effective immediately.

LRB103 30880 CPF 57404 b





HB2560LRB103 30880 CPF 57404 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, unless the
7context otherwise requires:
8    "Agency" means the Illinois Environmental Protection
10    "Beverage" means (i) wine, alcoholic liquor, or beer as
11defined in the Liquor Control Act of 1934 or (ii) mineral
12water, tea, coffee, soda water, or similar carbonated soft
13drinks, bottled water, juice, or other drinks in liquid form
14intended for human consumption. "Beverage" does not include
15products that are primarily derived from dairy.
16    "Beverage container" means any glass, plastic, aluminum,
17or other metal can, bottle, jar, or carton, in which the
18bottler or the manufacturer has sealed a beverage.
19    "Consumer" means a person who purchases or acquires a
20beverage in a beverage container for the use of its contents.
21    "Dealer" means a person who sells or offers for sale to
22consumers within this State a beverage in a beverage
23container, including an operator of a vending machine



HB2560- 2 -LRB103 30880 CPF 57404 b

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



HB2560- 3 -LRB103 30880 CPF 57404 b

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



HB2560- 4 -LRB103 30880 CPF 57404 b

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



HB2560- 5 -LRB103 30880 CPF 57404 b

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



HB2560- 6 -LRB103 30880 CPF 57404 b

1    to make a regular delivery or a regular pickup of empty
2    beverage containers.
3        (6) A distributor shall accept from a dealer agent any
4    empty beverage container of the kind, size, or brand sold
5    by the distributor that was picked up by the dealer agent
6    from a dealer within the geographic territory served by
7    the distributor. The distributor shall pay the dealer
8    agent the deposit value of the empty beverage container
9    and the redemption center fee as provided in Section 15.
10        (7) The Agency shall adopt rules regulating the
11    recycling and disposal of empty beverage containers. The
12    rules shall give priority to the recycling of empty
13    beverage containers to the extent possible.
14    Section 25. Refusal to accept containers.
15    (a) A dealer, redemption center, distributor, or
16manufacturer may refuse to accept any empty beverage container
17that does not have stated on it a deposit value as provided
18under Section 30.
19    (b) A dealer may refuse to accept any type of container
20that the dealer has not sold within the past 60 days.
21    (c) A dealer may refuse to accept and to pay the refund
22value of any empty beverage container if the place of business
23of the dealer and the kind and brand of empty beverage
24containers are included in an order of the Agency approving a
25redemption center under Section 35.



HB2560- 7 -LRB103 30880 CPF 57404 b

1    (d) An owner or operator of an establishment who sells
2beverages for consumption only on the premises may refuse to
3accept and to pay the refund value on an empty alcoholic liquor
4container except from a consumer who has purchased and
5consumed the beverage at that establishment.
6    (e) A manufacturer or distributor may refuse to accept and
7to pay the refund value and reimbursement as provided in
8Section 25 on any empty beverage container that was picked up
9by a dealer agent from a dealer outside the geographic
10territory served by that manufacturer or distributor.
11    (f) A distributor may refuse to accept beverage containers
12from any person who is not a dealer in a quantity of fewer than
13300 containers of the type, size, or brand sold by the
15    Section 30. Deposit value stated on container; exceptions.
16    (a) Each beverage container sold or offered for sale in
17this State by a dealer shall clearly indicate by embossing or
18by a stamp, label, or other method securely affixed to the
19container the refund value of that container. The Agency shall
20specify, by rule, the minimum size of the deposit value
21indication on the beverage containers.
22    (b) A distributor shall not import into this State after
23January 1, 2022 a beverage container that does not have the
24deposit value indication securely affixed to the container.
25    (c) A person may not bring beverage containers into this



HB2560- 8 -LRB103 30880 CPF 57404 b

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



HB2560- 9 -LRB103 30880 CPF 57404 b

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



HB2560- 10 -LRB103 30880 CPF 57404 b

1center, the Agency may, after hearing, withdraw approval of
2the redemption center if the Agency finds there has not been
3compliance with the Agency's order approving the redemption
4center, or if the redemption center no longer provides a
5convenient service to the public.
6    (e) All approved redemption centers shall meet applicable
7health standards.
8    Section 40. Snap-top cans prohibited. No person shall sell
9or offer for sale at retail in this State any metal beverage
10container so designed and constructed that a part of the
11container is detachable in opening the container.
12    Section 45. Rules. The Agency shall adopt, upon
13recommendation of the Director, the rules necessary to carry
14out the provisions of this Act, subject to the provisions of
15the Illinois Administrative Procedure Act.
16    Section 50. Appeals. Any person aggrieved by an order of
17the Agency relating to the approval or withdrawal of approval
18for a redemption center may seek judicial review of such order
19as provided in the Administrative Review Law.
20    Section 55. Penalties.
21    (a) A person violating the provisions of Sections 15, 20,
2225, or 40 or a rule adopted pursuant to Section 45 of this Act



HB2560- 11 -LRB103 30880 CPF 57404 b

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



HB2560- 12 -LRB103 30880 CPF 57404 b

1    Section 60. Distributor agreements authorized. A
2distributor may enter into a contract or agreement with any
3other distributor, manufacturer, or person for the purpose of
4collecting or paying the deposit value on or disposing of
5beverage containers.
6    Section 65. Redemption of refused nonrefillable metal
7beverage containers.
8    (a) If the deposit value indication required under Section
930 on an empty nonrefillable metal beverage container is
10readable but the redemption of the container is lawfully
11refused by a dealer or person operating a redemption center,
12the container shall be accepted and the deposit value paid to a
13consumer as provided in this Section. Each beer distributor
14selling nonrefillable metal beverage containers in this State
15shall provide individually or collectively by contract or
16agreement with a dealer, redemption center, or another person,
17at least one facility in the county seat of each county where
18refused empty nonrefillable metal beverage containers having a
19readable deposit value indication as required by this Act are
20accepted and redeemed. In counties having a population of
21100,000 or more, the number of the facilities provided shall
22be one facility for every 100,000 population or a fractional
23part of that population.
24    (b) A beer distributor violating this Section is guilty of



HB2560- 13 -LRB103 30880 CPF 57404 b

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



HB2560- 14 -LRB103 30880 CPF 57404 b

1to the consumer through bottle redemption shall be used by the
2Agency to administer this Act, with excess funds to be
3disbursed by the Agency in the following manner:
4        (1) 75% to environmental and conservation-related
5    programs, as determined by the Agency; and
6        (2) 25% to each distributor, proportionally determined
7    by the amount of beverage containers each distributor has
8    sold in this State during the previous complete period
9    from January 1 to December 30 after the effective date of
10    this Act.
11    Section 85. Local powers. Nothing in this Act is intended
12to limit the municipal or county power granted in the Solid
13Waste Planning and Recycling Act to establish or operate a
14recycling or redemption center.
15    Section 900. The State Finance Act is amended by adding
16Section 5.990 as follows:
17    (30 ILCS 105/5.990 new)
18    Sec. 5.990. The Illinois Container Fee and Deposit Fund.
19    Section 999. Effective date. This Act takes effect upon
20becoming law.