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

 

SB0132LRB104 03159 BDA 13180 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
5Plastic Bottle Cap Reduction Act.
 
6    Section 5. Definitions. As used in this Act, unless the
7context requires otherwise:
8    "Agency" means the Environmental Protection Agency.
9    "Beverage" means any of the following products that are in
10liquid, ready-to-drink form, are in plastic beverage
11containers of 16 ounces or less, and are intended for human
12consumption: beer and malt beverages; wine, wine coolers, or
13distilled spirits coolers; carbonated and noncarbonated water;
14soda; carbonated and noncarbonated soft drinks and fruit
15drinks; coffee and tea drinks; and vegetable juice.
16    "Manufacturer" means a person, partnership, association,
17corporation, or other entity that, through its own action or
18through contract or control of another entity, is primarily
19responsible for the production of a beverage held in a
20single-use plastic beverage container and sold, offered for
21sale, or distributed for sale in the State.
22    "Plastic" means a synthetic material made from fossil fuel
23or organic-based polymers that can be molded or blown into

 

 

SB0132- 2 -LRB104 03159 BDA 13180 b

1specific shapes. "Plastic" includes polyethylene, polystyrene,
2polypropylene, and polycarbonate.
3    "Plastic beverage cap" means a cap that is composed wholly
4or primarily of plastic and that is screwed onto or otherwise
5affixed to a single-use plastic beverage container. "Plastic
6beverage cap" does not include a cap that is composed wholly or
7primarily of a nonplastic material but also contains a plastic
8seal.
9    "Single-use plastic beverage container" means an
10individual 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
15bottle, jar, carton, or container that is composed wholly or
16primarily of nonplastic materials but also contains a plastic
17beverage cap; a cup or other similar open or loosely sealed
18container; or a container that is intended by the producer to
19be reused for the same purpose multiple times.
 
20    Section 10. Plastic beverage caps. Beginning January 1,
212029, a manufacturer may not sell, offer for sale, or
22distribute for sale in the State a single-use plastic beverage
23container with a plastic beverage cap unless the plastic
24beverage cap is composed of a plastic resin with the same resin
25identification code as the single-use plastic beverage

 

 

SB0132- 3 -LRB104 03159 BDA 13180 b

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

 

 

SB0132- 4 -LRB104 03159 BDA 13180 b

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
6relationship to a manufacturer that is subject to the
7requirements of this Section may, on behalf of that
8manufacturer and following notification to the Agency, assume
9the manufacturer's responsibilities under this Act.
10    (d) The requirements of this Act do not apply to a
11manufacturer of beer, wine, or spirits that annually produces
1250,000 gallons or less of any one or more of those products or
13to a manufacturer of beverages other than beer, wine, or
14spirits that annually produces 250,000 or fewer single-use
15plastic beverage containers containing its product.
 
16    Section 20. Enforcement and penalties.
17    (a) Any person who violates any provision of this Act
18shall be liable for a civil penalty of $1,000 per violation per
19day.
20    (b) The Attorney General or the State's Attorney of the
21county where the violation occurs may enforce this Act by
22bringing an action for civil penalties for violation of this
23Act, for equitable relief to prevent violation of this Act, or
24for a combination of civil penalties and equitable relief
25under this Act.