Full Text of SB0085 103rd General Assembly
SB0085sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 4/26/2023
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| 1 | | AMENDMENT TO SENATE BILL 85
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 85 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the State | 5 | | Beverage Container Recycling Refunds Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Agency" means the Environmental Protection Agency. | 8 | | "Beverage" means any drinkable liquid intended for human | 9 | | oral consumption.
"Beverage" does not include: | 10 | | (1) a drug regulated under the Federal Food, Drug, and | 11 | | Cosmetic Act (21 U.S.C. 301 et seq.); | 12 | | (2) infant formula; or | 13 | | (3) a meal replacement liquid. | 14 | | "Beverage container" means a prepackaged container, such | 15 | | as a carton, pouch, or aseptic packaging that: | 16 | | (1) is made of any multimaterial or material, |
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| 1 | | including, but not limited to, glass, plastic, or metal; | 2 | | (2) is designed to be used for beverage storage one or | 3 | | more times before being recycled; and | 4 | | (3) has a volume of not more than one gallon. | 5 | | "Beverage container processing mechanism" means any manual | 6 | | or technological means by which empty beverage containers are | 7 | | properly identified and processed. | 8 | | "Beverage producer" means a person who bottles, cans, or | 9 | | otherwise fills beverage containers to sell to distributors, | 10 | | importers, or retailers. | 11 | | "Consumer" means a person who purchases a beverage | 12 | | container in the State for use or consumption. | 13 | | "Distributor" means a person, including, but not limited | 14 | | to, a beverage producer, who engages in the sale of beverage | 15 | | containers to a retailer in the State. | 16 | | "Drop-off facility" means a specific area where | 17 | | individuals may bring household recyclable materials to be | 18 | | sorted into material-specific receptacles. | 19 | | "Importer" means a retailer or beverage producer who | 20 | | directly imports beverage containers into the State. | 21 | | "Line defect" means a beverage container that becomes | 22 | | defective or damaged during manufacturing, is not meant for | 23 | | sale, and is not eligible for redemption. | 24 | | "Material recovery facility" means a facility that | 25 | | receives, separates, and sells or otherwise distributes | 26 | | postconsumer materials for recycling. |
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| 1 | | "Member" means a distributor or importer who has joined | 2 | | the Organization and paid all applicable fees. | 3 | | "Nonprofit organization" means an organization established | 4 | | and operated as a nonprofit organization under Section | 5 | | 501(c)(3) of the Internal Revenue Code of 1986. | 6 | | "Organization" means the Distributor and Importer | 7 | | Responsibility Organization established under Section 50.
| 8 | | "Recycle" means the series of activities by which a | 9 | | beverage container is: | 10 | | (1) collected and processed; | 11 | | (2) converted into raw material; and | 12 | | (3) used in the production of a new product, including | 13 | | the original product. | 14 | | "Recycle" does not include: | 15 | | (1) the use of material to produce a fuel or fuel | 16 | | substitute; | 17 | | (2) the use of material in an incineration process, | 18 | | such as a waste-to-energy process; or | 19 | | (3) the use of material within the footprint of a | 20 | | landfill. | 21 | | "Retailer" means a person or business in the State who | 22 | | engages in the sale of beverage containers to a consumer. | 23 | | "Store" means an individual location where a retailer | 24 | | sells beverage containers. | 25 | | Section 10. Beverage container recycling redemption refund |
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| 1 | | program. | 2 | | (a) Except as otherwise provided in this Section, each | 3 | | beverage container sold or offered for sale in the State shall | 4 | | have the following redemption refund value: | 5 | | (1) 10 cents for a beverage container of 24 fluid | 6 | | ounces or less; and | 7 | | (2) 15 cents for a beverage container of more than 24 | 8 | | fluid ounces. | 9 | | (b) The Agency may change each redemption refund value | 10 | | under subsection (a), by rule, so long as the changed refund | 11 | | value is not based on the type of postconsumer material being | 12 | | recycled, not more often than: | 13 | | (1) once during any 10-year period and in consultation | 14 | | with the Organization; and | 15 | | (2) once during any 5-year period and after receiving | 16 | | a request from the Organization for a change to one or both | 17 | | redemption refund amounts, if the Agency's change conforms | 18 | | with the Organization's request. | 19 | | (c) Prior to any change in the redemption refund value | 20 | | under subsection (b), the Agency must undergo a notice and | 21 | | comment review period with at least 60 days' notice to the | 22 | | public. | 23 | | (d) If the redemption rate publicly reported by the | 24 | | Organization under Section 60 does not reach 80% for 2 | 25 | | consecutive calendar years after being required to do so under | 26 | | paragraph (2) of subsection (a) of Section 55, then each |
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| 1 | | beverage container sold or offered for sale in the State shall | 2 | | have the following redemption refund value: | 3 | | (1) fifteen cents for a beverage container of 24 fluid | 4 | | ounces or less; and | 5 | | (2) twenty cents for a beverage container of more than | 6 | | 24 fluid ounces. | 7 | | (e) Any moneys designated for redemption refunds but that | 8 | | are not claimed by consumers shall be used by the Organization | 9 | | to support its administrative costs and to perform the | 10 | | activities required under this Act. | 11 | | Section 15. Material flows. | 12 | | (a) When a consumer redeems a beverage container in | 13 | | accordance with this Act, the Organization becomes the owner | 14 | | of that beverage container and may: | 15 | | (1) sell it to a buyer of its choosing after first | 16 | | allowing a beverage producer or a company of its beverage | 17 | | container supply chain to purchase the material at a fair | 18 | | market rate; or | 19 | | (2) on its own or via a third party, process the | 20 | | beverage container for refill if it is reusable. | 21 | | (b) If a consumer chooses to put a beverage container in | 22 | | its curbside recycling receptacle or a drop-off receptacle, | 23 | | the operator of the material recovery facility that sorts the | 24 | | beverage container or the operator of the drop-off facility | 25 | | that receives the beverage container shall: |
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| 1 | | (1) offer to sell the material to the Organization, | 2 | | which then may be required to pay a certain percent of the | 3 | | redemption value per beverage container under Section 70; | 4 | | (2) permit the Organization to pick up the material | 5 | | within a reasonable amount of time at the Organization's | 6 | | expense; and | 7 | | (3) report to the Organization the weight in tons and | 8 | | the quality of the beverage containers it is transferring | 9 | | to the Organization.
| 10 | | Section 20. Means of redemption. | 11 | | (a) At each store having a floor space that is greater than | 12 | | or equal to 25,000 square feet, excluding only outdoor space, | 13 | | the Organization shall, at its expense, install, operate, and | 14 | | maintain: | 15 | | (1) bulk bag drop-off for all redeemable beverage | 16 | | containers; and | 17 | | (2) one or more beverage container processing | 18 | | mechanisms that allow the consumer to: | 19 | | (A) redeem all redeemable containers; and | 20 | | (B) immediately receive the refund value. | 21 | | (b) At each store having a floor space that is greater than | 22 | | or equal to 25,000 square feet, excluding only outdoor space, | 23 | | the Organization may, at its expense, install, operate, and | 24 | | maintain additional beverage container processing mechanisms | 25 | | beyond what is required in subsection (a). |
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| 1 | | (c) At each of its stores having a floor space that is | 2 | | greater than or equal to 25,000 square feet, excluding only | 3 | | outdoor space, the retailer shall make at most 1,000 square | 4 | | feet of floor space available for the Organization to meet the | 5 | | requirements of subsection (a) and the options provided in | 6 | | subsection (b), but the retailer shall decide where in each | 7 | | store the Organization will, on space the retailer controls | 8 | | inside or outside the store, install, operate, and maintain | 9 | | beverage container processing mechanisms. | 10 | | (d) At each store having a floor space that is greater than | 11 | | 10,000 but less than 25,000 square feet, excluding only | 12 | | outdoor space, the Organization shall, at its expense, | 13 | | install, operate, and maintain beverage container processing | 14 | | mechanisms such that the consumer has: | 15 | | (1) the ability to redeem all redeemable beverage | 16 | | containers; and | 17 | | (2) the option to receive immediately the refund | 18 | | value. | 19 | | (e) At each store having a floor space that is greater than | 20 | | 10,000 square feet but less than 25,000 square feet, excluding | 21 | | only outdoor space, the Organization may, at its expense, | 22 | | install, operate, and maintain additional beverage container | 23 | | processing mechanisms beyond what is required in subsection | 24 | | (d). | 25 | | (f) At each of its stores having a floor space that is | 26 | | greater than 10,000 square feet but less than 25,000 square |
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| 1 | | feet, excluding only outdoor space, the retailer shall make at | 2 | | most 500 square feet of floor space available for the | 3 | | Organization to meet the requirements of subsection (d) and | 4 | | the options provided in subsection (e), but the retailer shall | 5 | | decide where in each store the Organization will, on space it | 6 | | controls inside or outside the store, install, operate, and | 7 | | maintain beverage container processing mechanisms. | 8 | | (g) At each of its stores having a floor space that is | 9 | | greater than 1,000 square feet but less than or equal to 10,000 | 10 | | square feet, excluding only outdoor space, the retailer shall, | 11 | | upon the Organization's request, allow the Organization to | 12 | | install, operate, and maintain beverage container processing | 13 | | mechanisms on no more than 250 square feet of space that it | 14 | | controls inside or outside the store. | 15 | | (h) A retailer who operates a store having a floor space | 16 | | that is less than or equal to 1,000 square feet has no duty | 17 | | under this Act to host a beverage container processing | 18 | | mechanism. | 19 | | (i) Notwithstanding subsections (a) through (g): | 20 | | (1) the retailer may make available more than the | 21 | | required space for beverage container processing | 22 | | mechanisms; and | 23 | | (2) the Organization may install, operate, and | 24 | | maintain more beverage container processing mechanisms on | 25 | | the additional space made available under paragraph (1) of | 26 | | this subsection.
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| 1 | | (j) The Agency, in consultation with the Organization and | 2 | | retailers, shall develop a formula to determine how to fairly | 3 | | compensate annually the retailer for use of the space at each | 4 | | store of the retailer that the retailer permits the | 5 | | Organization to install, operate, and maintain beverage | 6 | | container processing mechanisms. | 7 | | (k) Notwithstanding subsections (a) through (i), a | 8 | | retailer shall, upon request by the Organization regarding a | 9 | | particular store of the retailer: | 10 | | (1) offer for sale at that particular store the | 11 | | standard bags that consumers must use to redeem containers | 12 | | via the bulk bag drop-off redemption option; and | 13 | | (2) permit the Organization to install, service, and | 14 | | operate a self-service kiosk that prints redemption | 15 | | vouchers inside or immediately outside of that particular | 16 | | store. | 17 | | (l) A retailer is exempt from the requirements of this | 18 | | Section at stores the retailer operates that primarily | 19 | | prepares food for sale. | 20 | | (m) A retailer is exempt from the requirements of | 21 | | subsections (a) through (i) at stores the retailer operates | 22 | | that primarily sell beverage containers to consumers through | 23 | | stand-alone vending machines, stand-alone refrigerator cases, | 24 | | or similar means. | 25 | | (n) The Agency shall develop convenience standards that | 26 | | the Organization shall follow to ensure that: |
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| 1 | | (1) one or more beverage container processing | 2 | | mechanisms that allow for convenient redemption of | 3 | | redeemable beverage containers is located within a | 4 | | reasonable distance of each resident of the State; and | 5 | | (2) there are enough beverage container processing | 6 | | mechanisms at each store or location the Organization | 7 | | operates to enable quick and easy redemption of redeemable | 8 | | beverage containers. | 9 | | (o) The Organization may enter into an agreement to | 10 | | install, operate, and maintain an additional beverage | 11 | | container processing mechanism at any location that is not | 12 | | considered a store under this Act in order to provide | 13 | | additional convenient, quick, or easy redemption options and | 14 | | to meet the performance targets required in Section 55. | 15 | | (p) Any facility that the Organization sets up in the | 16 | | State to aggregate, sort, and process the material collected | 17 | | at various redemption locations under this Act may: | 18 | | (1) accept, pursuant to a reasonable process the | 19 | | Organization may establish, beverage containers that are | 20 | | eligible for redemption and are submitted in the | 21 | | Organization's standard redemption bag, as designated by | 22 | | the Organization; and | 23 | | (2) provide a nonprofit organization with a premium to | 24 | | be determined by the Organization. | 25 | | (h) The public shall have access to redeem beverage | 26 | | containers in accordance with this Section for not less than |
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| 1 | | 10 hours each day, except on federal, State, or local holidays | 2 | | and except at a facility set up by the Organization to | 3 | | aggregate, sort, and process redeemed beverage containers. | 4 | | (r) The Organization must provide information to the | 5 | | public detailing how consumers can alert the Organization to | 6 | | problems at beverage container processing mechanisms operated | 7 | | by the Organization. The information shall be provided via: | 8 | | (1) the Organization's website; | 9 | | (2) clearly visible signage at least 5 feet by 5 feet | 10 | | at each redemption location required under this Section; | 11 | | and | 12 | | (3) clearly visible signage at least 2 feet by 2 feet | 13 | | placed on or within 5 feet of each beverage container | 14 | | processing mechanism. | 15 | | (s) The Organization may establish reasonable terms and | 16 | | conditions for the use of a beverage container processing | 17 | | mechanism. | 18 | | Section 25. Labeling requirements. | 19 | | (a) A beverage producer, distributor, or importer shall | 20 | | include the abbreviation "RV" on a clearly visible portion of | 21 | | the top or side of each beverage container that is sold by the | 22 | | beverage producer, distributor, or importer in the State. | 23 | | (b) The Organization may require that any beverage | 24 | | producer, distributor, or importer include, on any space that | 25 | | is on the top or side of each beverage container sold in the |
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| 1 | | State, the clearly visible abbreviation of the State and | 2 | | applicable redemption refund value under Section 10. | 3 | | (c) A beverage producer, distributor, or importer may | 4 | | include a barcode or unique code verification on a beverage | 5 | | container to automatically identify it.
| 6 | | Section 30. Timing. | 7 | | (a) By no later than 18 months after the effective date of | 8 | | this Act, beverage containers that are at least 90% aluminum, | 9 | | glass, high-density polyethylene plastic, or polyethylene | 10 | | terephthalate and that are sold in the State must be | 11 | | redeemable for the applicable redemption refund value under | 12 | | Section 10. | 13 | | (b) By no later than 3 years after the effective date of | 14 | | this Act, beverage containers that do not meet the standard | 15 | | described under subsection (a) and that are sold in the State | 16 | | must be redeemable for the applicable redemption refund value | 17 | | under Section 10. | 18 | | (c) The Agency may permit up to an additional 365 days to | 19 | | meet either one or both of the deadlines specified in | 20 | | subsections (a) and (b).
| 21 | | Section 35. Prohibitions. | 22 | | (a) No person shall distribute, import, or sell beverage | 23 | | containers in or into the State except in compliance with this | 24 | | Act. |
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| 1 | | (b) No person shall redeem under this Act a beverage | 2 | | container that was not sold in the State to a consumer in the | 3 | | State.
| 4 | | Section 40. Agency duties. On or before October 1 of each | 5 | | year after the effective date of this Act, the Agency shall | 6 | | identify and communicate to the Organization the Agency's | 7 | | total estimated annual cost to implement, administer, and | 8 | | enforce this Act, including the cost of adopting rules under | 9 | | this Act, in the next calendar year, after: | 10 | | (1) subtracting the moneys that the Agency collected | 11 | | from penalties assessed under this Act, which shall be | 12 | | applied toward fulfilling the Agency's responsibilities | 13 | | under this Act in the next calendar year; and | 14 | | (2) adding any expenses incurred in fulfilling the | 15 | | Agency's responsibilities under this Act that are not | 16 | | covered by the annual cost from the previous year. | 17 | | Section 45. Drop-off facility and material recovery | 18 | | facility duties. | 19 | | (a) Each drop-off facility or material recovery facility | 20 | | operating in the State, or outside of the State may submit the | 21 | | following information to the Organization if the majority of | 22 | | the material it processes comes from the State: | 23 | | (1) the amount in tons of residential recyclable | 24 | | material that the facility sold in the previous calendar |
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| 1 | | year; and | 2 | | (2) an estimate of the amount in tons of residential | 3 | | recyclable material that the facility sold that came from | 4 | | the State. | 5 | | (b) The optional information detailed in subsection (a) | 6 | | shall be submitted on or before April 1 and shall pertain only | 7 | | to the previous full calendar year. | 8 | | Section 50. Distributor and Importer Responsibility | 9 | | Organization. | 10 | | (a) All distributors and importers shall join as members | 11 | | of a Distributor and Importer Responsibility Organization. A | 12 | | distributor or importer operating in violation of this | 13 | | requirement is subject to penalties described in Section 75.
| 14 | | The Organization must be established and operated as a | 15 | | nonprofit organization or a cooperative corporation. | 16 | | (b) Only one Organization may operate in the State. The | 17 | | Organization may decide to operate jointly with similar | 18 | | organizations. The Organization shall elect a governing Board | 19 | | of Directors of the Organization composed of Organization | 20 | | members. The Organization shall be led by an Executive | 21 | | Director elected by the Board of Directors of the | 22 | | Organization. | 23 | | (c) The Organization shall charge a membership fee that | 24 | | funds the Organization's costs of operation minus unclaimed | 25 | | redemption refunds or any other revenue sources that the |
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| 1 | | Organization may develop.
The Organization shall charge | 2 | | membership fees that vary by material type and that reflect: | 3 | | (1) the cost of collecting, transporting, sorting, and | 4 | | processing each beverage container type; and | 5 | | (2) the number of units of each beverage container | 6 | | type that each member distributes or sells in the State. | 7 | | (d) The Organization shall provide to members against the | 8 | | fees charged under this Act a credit from revenue generated | 9 | | from the sale of each beverage container type's scrap in an | 10 | | amount based on the percentage of each beverage container type | 11 | | that each member distributes or sells in the State. | 12 | | (e) The Organization shall publish publicly on its | 13 | | website: | 14 | | (1) within 18 months after the effective date of this | 15 | | Act, an initial plan for how the Organization will meet | 16 | | its requirements under this Act over the next 5 years, | 17 | | including the performance targets specified in Section 55; | 18 | | and | 19 | | (2) no later than every 5 years after publication of | 20 | | the initial plan under paragraph (1), an updated plan on | 21 | | how the Organization will continue to meet its | 22 | | requirements under this Act, including the performance | 23 | | targets specified in Section 55. | 24 | | (f) The Organization shall pay: | 25 | | (1) for any beverage container processing mechanism or | 26 | | self-service kiosk that the Organization chooses to |
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| 1 | | install, maintain, and operate: | 2 | | (A) with retailer permission granted under Section | 3 | | 20; or | 4 | | (B) at any location to meet or exceed: | 5 | | (i) the performance targets under Section 55; | 6 | | or | 7 | | (ii) the beverage container processing | 8 | | mechanism requirement under subsection (f) of | 9 | | Section 20; | 10 | | (2) for any facilities in the State necessary to | 11 | | efficiently aggregate, sort, and process the beverage | 12 | | containers collected at redemption locations under this | 13 | | Act; | 14 | | (3) to upkeep a list and map on its website of all | 15 | | redemption locations and the redemption options available | 16 | | at each redemption location; | 17 | | (4) by December 31 of each year, an annual installment | 18 | | to the Agency according to the formula under Section 40, | 19 | | but not to exceed $500,000 per year; the installment shall | 20 | | fund the Agency's anticipated costs in the following year | 21 | | to implement, administer, and enforce this Act, including | 22 | | adopting rules under this Act; | 23 | | (5) by December 31 of each year, reimbursement for | 24 | | enforcement costs that may result in a total reimbursement | 25 | | by the Organization to the Agency more than $500,000 per | 26 | | year as long as the funded enforcement activities |
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| 1 | | identified violations of this Act and resulted in | 2 | | penalties under this Act; | 3 | | (6) a credit to consumers for the cost of the standard | 4 | | bags described under subsection (f) of Section 10; and | 5 | | (7) beginning during the first full year and ending | 6 | | the fifth full year after one or more beverage container | 7 | | types is sold with a redemption refund value under this | 8 | | Act, direct annual payments by July 1 of each calendar | 9 | | year to drop-off facility operators and material recovery | 10 | | facility operators who choose to submit information under | 11 | | Section 45. Each payment shall: | 12 | | (A) equal 5% of the scrap value from the beverage | 13 | | container material the Organization sold in the | 14 | | preceding calendar year; and | 15 | | (B) be based on the data submitted by drop-off | 16 | | facility operators or material recovery facility | 17 | | operators under Section 45. | 18 | | (g) If the standard bag the Organization sells to | 19 | | consumers under subsection (f) of Section 10 is made of | 20 | | plastic film, the Organization shall: | 21 | | (1) ensure that the standard bag sold is composed of a | 22 | | minimum of 50% recycled content; and | 23 | | (2) demonstrate to the Agency that the plastic film | 24 | | waste from the standard bags will be recycled in the best | 25 | | commercially available manner. | 26 | | (h) The Organization is not required to pay a redemption |
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| 1 | | refund under this Act for: | 2 | | (1) any beverage container that visibly contains or is | 3 | | visibly contaminated by a substance other than water, | 4 | | residue of the beverage contained within the beverage | 5 | | container as sold by a retailer to a consumer, or dust; | 6 | | (2) any beverage container that is crushed, broken, or | 7 | | damaged to the extent that the brand appearing on the | 8 | | beverage container cannot be identified; | 9 | | (3) any beverage container that the Organization has | 10 | | reasonable grounds to believe was procured in another | 11 | | state; or | 12 | | (4) any beverage container for which the Organization | 13 | | has reasonable grounds to believe a redemption refund has | 14 | | already been issued under this Act or under any other | 15 | | state's law, rule, or regulation. | 16 | | (i) The Organization may: | 17 | | (1) use, or award grants using, moneys received or | 18 | | generated under this Act for: | 19 | | (A) litter clean-up; and | 20 | | (B) education and outreach on recycling beverage | 21 | | containers; | 22 | | (2) use moneys received or generated under this Act to | 23 | | directly, or in partnership with a nongovernmental | 24 | | organization, provide services to or enhance the | 25 | | redemption experience of minority or low-income consumers | 26 | | who redeem a beverage container; |
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| 1 | | (3) to the extent allowed by law, distribute to its | 2 | | members moneys received or generated under this Act during | 3 | | a fiscal year if: | 4 | | (A) the Organization's revenues under this Act | 5 | | exceeded the costs of carrying out the Organization's | 6 | | requirements under this Act by more than 10%; and | 7 | | (B) after distributing the moneys to members, the | 8 | | Organization's nondistributed revenues comprise at | 9 | | least 110% of the costs of carrying out the | 10 | | Organization's requirements under this Act; and | 11 | | (4) use moneys generated under this Act to pay members | 12 | | or support the management and activities of an advisory | 13 | | committee established under Section 65. | 14 | | Section 55. Performance targets. | 15 | | (a) The Organization shall meet the following performance | 16 | | targets: | 17 | | (1) beginning during the second full calendar year | 18 | | after all beverage containers are sold in the State with | 19 | | the applicable redemption refund value under Section 10, | 20 | | the performance target shall be to have an annual | 21 | | redemption rate for all redeemable beverage containers of | 22 | | at least 70%; | 23 | | (2) beginning with the fourth full calendar year after | 24 | | all beverage containers are sold in the State with the | 25 | | applicable redemption refund value under Section 10, the |
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| 1 | | performance target shall be to have an annual redemption | 2 | | rate for all redeemable beverage containers of at least | 3 | | 75%; | 4 | | (3) beginning during the sixth full calendar year | 5 | | after all beverage containers are sold in the State with | 6 | | the applicable redemption refund value under Section 10, | 7 | | the performance target shall be to have an annual | 8 | | redemption rate for all redeemable beverage containers of | 9 | | at least 85%; and | 10 | | (4) beginning during the eighth full calendar year | 11 | | after all beverage containers are sold in the State with | 12 | | the applicable redemption refund value under Section 10 | 13 | | and in each calendar year thereafter, the performance | 14 | | target shall be: | 15 | | (A) to have an annual redemption rate for all | 16 | | redeemable beverage containers of at least 90%; or | 17 | | (B) to have at least 90% of redeemable beverage | 18 | | containers collectively: | 19 | | (i) redeemed via the redemption system | 20 | | implemented under this Act at an 85% redemption | 21 | | rate or higher, as required under paragraph (3); | 22 | | (ii) collected under a curbside recycling | 23 | | program in the State and meet or exceed the | 24 | | quality standards described in Section 70 when | 25 | | sold by the material recovery facility; or | 26 | | (iii) collected at a drop-off facility and |
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| 1 | | then sold by the drop-off facility with quality | 2 | | standards that meet or exceed those described in | 3 | | Section 70. | 4 | | (b) The Organization shall meet the following recycling | 5 | | rates targets for beverage containers redeemed through the | 6 | | system it operates: | 7 | | (1) For beverage containers that are made of at least | 8 | | 90% aluminum, glass, high-density polyethylene plastic, or | 9 | | polyethylene terephthalate, the recycling rate target | 10 | | shall be: | 11 | | (A) a 70% recycling rate beginning 2 years after | 12 | | the beverage containers are sold in the State with the | 13 | | applicable refund value under Section 10; and | 14 | | (B) a 90% recycling rate beginning 5 years after | 15 | | the beverage containers are sold in the State with the | 16 | | applicable refund value under Section 10. | 17 | | (2) For beverage containers not specified in paragraph | 18 | | (1) the recycling target rate shall be: | 19 | | (A) a 50% recycling rate beginning 4 years after | 20 | | the beverage containers are sold in the State with the | 21 | | applicable refund value under Section 10; and | 22 | | (B) a 70% recycling rate beginning 7 years after | 23 | | the beverage containers are sold in the State with the | 24 | | applicable refund value under Section 10.
| 25 | | (c) If the Organization does not meet a redemption rate | 26 | | target required under subsection (a) or a recycling rate |
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| 1 | | target required under subsection (b), it must submit to the | 2 | | Agency a product stewardship plan no more than 365 days after | 3 | | the data required under Section 60 has most recently been | 4 | | published. The product stewardship plan shall detail the | 5 | | reason that the performance target was not met and any action | 6 | | the Organization will take to meet the performance target. | 7 | | (d) If the Organization does not meet a redemption rate | 8 | | target under subsection (a) or a recycling rate target under | 9 | | subsection (b) in any calendar year, the Agency shall assess a | 10 | | civil penalty against the Organization for each such violation | 11 | | (1) If a redemption rate target was not met, the civil | 12 | | penalty shall be equal to one cent for each beverage | 13 | | container comprising the difference between the number of | 14 | | beverage containers that were redeemed and the total | 15 | | number of beverage containers that, if redeemed, would | 16 | | have met the redemption rate target. | 17 | | (2) If a recycling rate target was not met, the civil | 18 | | penalty shall be equal to one cent for each beverage | 19 | | container comprising the difference between the number of | 20 | | beverage containers that were recycled and the total | 21 | | number of beverage containers that, if recycled, would | 22 | | have met the recycling rate target.
| 23 | | (e) If the Organization does not meet all redemption rate | 24 | | targets under subsection (a) and recycling rate targets under | 25 | | subsection (b) within 3 years after a product stewardship plan | 26 | | was submitted to the Agency under subsection (c): |
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| 1 | | (1) The Agency shall assess a civil penalty against | 2 | | the Organization once per calendar year: | 3 | | (A) If redemption rate targets were not met, the | 4 | | civil penalty shall be up to 10 cents for each beverage | 5 | | container comprising the difference between the number | 6 | | of beverage containers that were redeemed and the | 7 | | total number of beverage containers that, if redeemed, | 8 | | would have met the performance targets. | 9 | | (B) If recycling rate targets were not met, the | 10 | | civil penalty shall be up to 10 cents for each beverage | 11 | | container comprising the difference between the number | 12 | | of beverage containers that were recycled and the | 13 | | total number of beverage containers that were recycle | 14 | | and the total number of beverage containers that, if | 15 | | recycled, would have met the performance targets. | 16 | | (2) The Agency shall require the Organization to | 17 | | submit a revised product stewardship plan within 365 days | 18 | | after the effective date of this Act. | 19 | | (f) If the Organization does not, within 5 years after a | 20 | | product stewardship plan was submitted to the Agency under | 21 | | subsection (c), meet all redemption rate targets required | 22 | | under subsection (a) and recycling rate targets required under | 23 | | subsection (b), then: | 24 | | (1) the Organization shall detail on the | 25 | | Organization's website why a new Executive Director of the | 26 | | Organization is not necessary if, at the end of the 5-year |
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| 1 | | period, the same person has acted as Executive Director of | 2 | | the Organization for more than 365 days prior to the | 3 | | effective date of this Act; | 4 | | (2) the Agency may require the Organization to remove | 5 | | an Executive Director of the Organization that has served | 6 | | in that position for more than 365 days prior to the | 7 | | effective date of this Act; and | 8 | | (3) the Agency shall assess against the organization a | 9 | | civil penalty once per calendar year: | 10 | | (A) If redemption rate targets were not met in the | 11 | | previous calendar year, the civil penalty shall be up | 12 | | to 15 cents for each beverage container comprising the | 13 | | difference between the number of beverage containers | 14 | | that were redeemed and the total number of beverage | 15 | | containers that, if redeemed, would have met the | 16 | | performance target. | 17 | | (B) If recycling rate targets were not met in the | 18 | | previous calendar year, the civil penalty shall be up | 19 | | to 15 cents for each beverage container comprising the | 20 | | difference between the number of beverage containers | 21 | | that were recycled and the total number of beverage | 22 | | containers that, if recycled, would have met the | 23 | | performance targets. | 24 | | (g) Notwithstanding subsections (d) through (f), the | 25 | | penalty for each performance target required in subsection (d) | 26 | | is not in addition to the penalties authorized in subsections |
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| 1 | | (e) and (f) as long as the penalty assessed against the | 2 | | Organization in subsections (e) and (f) is greater than that | 3 | | required in subsection (d). | 4 | | (h) If the Organization does not meet all the redemption | 5 | | rate targets required under subsection (a) and the recycling | 6 | | rate targets under subsection (b) within 7 years after the | 7 | | product stewardship plan was submitted to the Agency under | 8 | | subsection (c), then the Agency may take over management of | 9 | | the Organization from the Executive Director of the | 10 | | Organization and charge the Organization members in accordance | 11 | | with Section 50 until: | 12 | | (1) all of the performance targets are met, after | 13 | | which the members of the Organization shall take over | 14 | | management of the Organization again and choose a new | 15 | | Executive Director within 365 days after all of the | 16 | | performance targets are met; or | 17 | | (2) five years after the Agency has taken over, after | 18 | | which, if all of the performance targets are not met in any | 19 | | 2 consecutive years, the members of the Organization shall | 20 | | take over management of the Organization again and choose | 21 | | a new Executive Director within 365 days of the effective | 22 | | date of this Act. | 23 | | (i) If the Agency exercises the option described in | 24 | | subsection (h), then the requirements of subsections (c), (e), | 25 | | and (f) shall not apply to the Organization until 3 years after | 26 | | the new Executive Director is chosen. |
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| 1 | | Section 60. Reporting. | 2 | | (a) On or before July 1 of each calendar year, beginning | 3 | | July 1 of the first full calendar year after a beverage | 4 | | container has a redemption refund value under this Act, the | 5 | | Organization shall make publicly available on its website: | 6 | | (1) the number of beverage containers sold in the | 7 | | State by material type, as well as, for each quarter of the | 8 | | year covered by the report and the quarters of each prior | 9 | | year for at least the preceding 5 years, to the extent the | 10 | | data is available under this Act, the proportion of | 11 | | beverage containers sold in the State that are capable of | 12 | | being recycled, refilled, or reused; | 13 | | (2) for each quarter of the year covered by the report | 14 | | and the quarters of each prior year for at least the | 15 | | preceding 5 years, and to the extent data is available | 16 | | under this Act, the percentage of the total amount of | 17 | | beverage containers sold in the State that each beverage | 18 | | container material type represents; | 19 | | (3) the percentage of the total amount of fees charged | 20 | | to members that each beverage container material type | 21 | | represents for each quarter of the year covered by the | 22 | | report and the quarters of each prior year for at least the | 23 | | preceding 5 years, to the extent data is available; | 24 | | (4) the number of beverage containers, by material | 25 | | type, redeemed for each quarter of the year covered by the |
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| 1 | | report and the quarter of each prior year for at least the | 2 | | preceding 5 years, to the extent data is available; | 3 | | (5) the percent of beverage containers redeemed that | 4 | | were recycled, by material type; | 5 | | (6) the number of beverage containers redeemed at each | 6 | | beverage container processing mechanism provided by the | 7 | | Organization under this Act; | 8 | | (7) the buyers by material type to whom the | 9 | | Organization sold beverage container materials; | 10 | | (8) the end-product each beverage container type | 11 | | became or likely became; | 12 | | (9) the percentage of the total amount of moneys | 13 | | redeemed for each beverage container material type; | 14 | | (10) each redemption location in the State; | 15 | | (11) the means of redemption at each redemption | 16 | | location in the State; | 17 | | (12) the total expenses of the Organization; | 18 | | (13) the total revenues of the Organization; | 19 | | (14) the total reserves of the Organization; | 20 | | (15) the cost to the Organization per beverage | 21 | | container redeemed; | 22 | | (16) the number of redemption locations that provide | 23 | | services or an enhanced redemption experience for minority | 24 | | or low-income consumers; | 25 | | (17) aggregated demographic information, including, at | 26 | | a minimum, the race, ethnicity, and gender identity of: |
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| 1 | | (A) employees working on-site at redemption | 2 | | locations or at facilities the Organization | 3 | | establishes to aggregate, sort, and process the | 4 | | beverage containers collected at redemption locations; | 5 | | and | 6 | | (B) any Organization employees not described in | 7 | | subparagraph (A); | 8 | | (18) the number of consumer complaints per month, by | 9 | | redemption location, during the previous calendar year and | 10 | | each prior year for at least the preceding 5 years, to the | 11 | | extent data is available; | 12 | | (19) the total number of individual consumers per | 13 | | month who filed complaints, by redemption location, during | 14 | | the previous calendar year and each prior year for at | 15 | | least the preceding 5 years, to the extent data is | 16 | | available; | 17 | | (20) a list of all members, their brands of beverage | 18 | | containers, and a breakdown of each member's beverage | 19 | | container packaging mix by beverage container type during | 20 | | the previous calendar year and each prior year for at | 21 | | least the preceding 5 years, to the extent data is | 22 | | available; | 23 | | (21) the buyers of the plastic film waste, if any, | 24 | | generated from the standard bag sold by the Organization | 25 | | to consumers for redemption and how buyers may recycle the | 26 | | plastic film waste; |
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| 1 | | (22) the number of individuals and entities registered | 2 | | to receive electronic deposits of redemption refunds under | 3 | | this Act; and | 4 | | (23) the name of each member of the Organization's | 5 | | Board of Directors. | 6 | | (b) The Organization may rely on reporting by members for | 7 | | information used to comply with the reporting requirements of | 8 | | this Act, but shall note in its annual report which of the | 9 | | metrics described in subsection (a) are based on member | 10 | | reporting. | 11 | | (c) Once per calendar year, the Agency may require | 12 | | verification of information disclosed during that calendar | 13 | | year by the Organization under this Act. The verification | 14 | | shall: | 15 | | (1) occur only after being notified by the | 16 | | Organization on or before August 1 of that calendar year | 17 | | that the Agency is requiring independent third-party | 18 | | verification; | 19 | | (2) be performed by an independent third party; | 20 | | (3) be limited in scope to information that: | 21 | | (A) the Organization is required to report under | 22 | | this Act; | 23 | | (B) the Agency specifies for third-party | 24 | | verification under this subsection; and | 25 | | (C) appeared, or should have appeared, in the | 26 | | Organization's annual report for that calendar year; |
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| 1 | | and | 2 | | (4) be conducted on or before December 31 of the | 3 | | calendar year in which it is required by the Agency. | 4 | | The Organization must pay the full cost of the | 5 | | third-party verification. | 6 | | (d) The Organization must establish safeguards to ensure | 7 | | members do not have access to information regarding: | 8 | | (1) the price paid by any individual buyer for | 9 | | beverage container material sold by the Organization under | 10 | | this Act; and | 11 | | (2) the amount of each beverage container material | 12 | | sold by the Organization to each individual buyer. | 13 | | (e) On or before the last day of February of each calendar | 14 | | year, each member of the Organization must report to the | 15 | | Organization all data necessary to satisfy the disclosure | 16 | | requirements of this Section. The Organization shall ensure | 17 | | that data provided by members under this subsection is | 18 | | confidential. | 19 | | Section 65. Operations Advisory Committee; Equity and | 20 | | Access Advisory Committee. | 21 | | (a) The Organization shall establish an Operations | 22 | | Advisory Committee that represents a range of interested and | 23 | | engaged persons and entities, including, at a minimum, one of | 24 | | each of the following: | 25 | | (1) a beverage container manufacturer or a beverage |
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| 1 | | container manufacturer's trade association that rotates | 2 | | between the leading beverage container types; | 3 | | (2) a beverage producer or a beverage producer's trade | 4 | | association; | 5 | | (3) a unit of local government or group of units of | 6 | | local government; | 7 | | (4) the State; | 8 | | (5) an environmental nonprofit organization; | 9 | | (6) an entity that buys beverage containers from, or | 10 | | recycles them for, the Organization; and | 11 | | (7) a retailer or a retailer's trade association. | 12 | | (b) The Operations Advisory Committee may: | 13 | | (1) provide written or oral comments directly to the | 14 | | Board of Directors and the Executive Director no more than | 15 | | 4 times a year; and | 16 | | (2) every even-numbered calendar year, submit to the | 17 | | Organization a written report that the Organization must | 18 | | publish on its website upon request by the Operations | 19 | | Advisory Committee and that contains: | 20 | | (A) the Operations Advisory Committee's feedback | 21 | | on the operation of the Organization; and | 22 | | (B) the Operations Advisory Committee's feedback | 23 | | on the redemption refund system established under this | 24 | | Act. | 25 | | (c) The Organization shall establish an Equity and Access | 26 | | Advisory Committee that represents persons who can help ensure |
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| 1 | | the Organization's operations appropriately consider the | 2 | | diverse needs and cultures of people who redeem beverage | 3 | | containers, including, at a minimum, one of each of the | 4 | | following: | 5 | | (1) an advocate for homeless persons; | 6 | | (2) a governmental social services office; | 7 | | (3) a nongovernmental organization that advocates on | 8 | | behalf of one or more cultural groups; | 9 | | (4) a nongovernmental organization with a focus on | 10 | | environmental justice; and | 11 | | (5) a specialist in diversity and inclusion. | 12 | | (d) The Equity and Access Advisory Committee may: | 13 | | (1) provide written or oral comments directly to the | 14 | | Board of Directors and the Executive Director no more than | 15 | | 4 times a year; and | 16 | | (2) every even-numbered calendar year, submit to the | 17 | | Organization a written report that the Organization must | 18 | | publish on its website upon request by the Equity and | 19 | | Access Advisory Committee and that contains: | 20 | | (A) the Equity and Access Advisory Committee's | 21 | | feedback on whether the Organization is appropriately | 22 | | considering the diverse needs and cultures of people | 23 | | who redeem beverage containers under this Act; and | 24 | | (B) the Equity and Access Advisory Committee's | 25 | | suggestions on how the Organization can improve in | 26 | | terms of equity and access. |
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| 1 | | Section 70. Additional drop-off facility and material | 2 | | recovery facility duties. | 3 | | (a) The operator of a material recovery facility and | 4 | | drop-off facility shall use an industry-standard scale to | 5 | | measure the weight of all beverage containers that enter the | 6 | | facility. | 7 | | (b) The operator of a material recovery facility and | 8 | | drop-off facility shall track the weight by U.S. ton of each | 9 | | beverage container type redeemable under this Act that enters | 10 | | the facility and the quality of each bale or ton of redeemable | 11 | | material. | 12 | | (c) The Organization shall buy bales of beverage | 13 | | containers redeemable under this Act from the operator of a | 14 | | material recovery facility and drop-off facility for beverage | 15 | | containers that were made with individual containers received | 16 | | from household collection of recyclables and that meet the | 17 | | quality threshold described in subsection (d). | 18 | | (d) The Organization shall pay the operator a material | 19 | | recovery facility and drop-off facility half of the redemption | 20 | | value under this Act for each beverage container if: | 21 | | (1) the plastic PET bottle bale produced meets the | 22 | | Association of Plastic Recyclers Grade A model | 23 | | specification for plastic PET bottles; | 24 | | (2) the aluminum beverage can bale produced meets one | 25 | | of the UBC scrap specifications in the latest scrap |
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| 1 | | specifications from the Institute of Scrap Recycling | 2 | | Industries and has no more than 4% moisture and no more | 3 | | than 8% nonused beverage can material after the moisture | 4 | | is deducted; | 5 | | (3) the glass bottle material produced has a glass | 6 | | purity of at least 95% per the glass purity measurement | 7 | | instructions from the Glass Recycling Coalition; | 8 | | (4) the plastic HDPE natural bottle bale produced | 9 | | meets the HDPE natural bottle model bale specification | 10 | | from the Association of Plastic Recyclers; | 11 | | (5) the plastic HDPE colored bottle bale produced | 12 | | meets the HDPE colored bottle model bale specification | 13 | | from the Association of Plastic Recyclers; | 14 | | (6) the aseptic packaging and gable-top carton bale | 15 | | meets the latest aseptic packaging and gable-top carton | 16 | | specification from the Institute of Scrap Recycling | 17 | | Industries; or | 18 | | (7) the quality of the other redeemable beverage | 19 | | container types not specified in this subsection meets | 20 | | thresholds set by the Agency, in consultation with the | 21 | | Organization and operators of a material recovery facility | 22 | | and drop-off facility. | 23 | | (e) All thresholds in this Section tied to externally | 24 | | referenced documents such as the model bale specifications | 25 | | from the Association of Plastic Recyclers and the Institute of | 26 | | Scrap Recycling Industries shall reflect the most current |
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| 1 | | version of the externally referenced documents including any | 2 | | updates made after the effective date of this Act. | 3 | | (f) The Agency, in consultation with the Organization and | 4 | | operators of a material recovery facility and drop-off | 5 | | facility, may set thresholds for material quality that require | 6 | | the Organization to pay some amount other than 50% of the | 7 | | redemption amount under this Act. | 8 | | (g) The Organization shall buy bales of beverage | 9 | | containers redeemable under this Act from an operator of a | 10 | | material recovery facility and drop-off facility for beverage | 11 | | containers that were made with individual beverage containers | 12 | | received from a household collection of recyclables and that | 13 | | meet quality requirements established under subsection (f). | 14 | | (h) The Organization may buy bales of beverage containers | 15 | | redeemable under this Act from an operator of a material | 16 | | recovery facility and drop-off facility for beverage | 17 | | containers that were made with individual beverage containers | 18 | | received from a household collection of recyclables and do not | 19 | | meet quality requirements established under subsection (d) or | 20 | | (f). | 21 | | (i) The Organization shall become the owner of the | 22 | | beverage containers once the appropriate portion of the | 23 | | redemption value per beverage container is paid to the | 24 | | operator of the material recovery facility and drop-off | 25 | | facility and as such, is free to sell the material to the buyer | 26 | | of its choosing for revenue after first allowing a beverage |
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| 1 | | producer or a company in its beverage container supply chain | 2 | | to purchase the material at a fair market rate. | 3 | | (j) When the Organization pays the operators of the | 4 | | material recovery facility and drop-off facility the | 5 | | appropriate portion of the redemption value per beverage | 6 | | container, it may do so with an assumption that the beverage | 7 | | containers sold to it have a breakdown of containers that are | 8 | | 24 ounces or less and more than 24 ounces equivalent to what | 9 | | percent of that container type that consumers redeemed in the | 10 | | last calendar year were 24 ounces or less and more than 24 | 11 | | ounces. | 12 | | (k) An operator of a material recovery facility and | 13 | | drop-off facility shall permit the Organization to tour its | 14 | | facility without notice up to 4 times each calendar year. | 15 | | (l) An operator of a material recovery facility and | 16 | | drop-off facility shall pay for up to one independent audit | 17 | | per calendar year on the quality of its material upon request | 18 | | by the Organization and shall allow the Organization to | 19 | | conduct 2 additional audits per calendar year on the quality | 20 | | of its material upon request by the Organization and at the | 21 | | Organization's expense. | 22 | | Section 75. Reuse study. | 23 | | (a) The Agency shall conduct a study on the infrastructure | 24 | | that is needed in the State to support a robust system for | 25 | | refillable beverage containers and on any changes that would |
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| 1 | | be required in order to ensure effective integration of | 2 | | refillable beverage containers in the deposit return system. | 3 | | (b) The study required in subsection (a) shall be | 4 | | published on the Agency's website and filed with the General | 5 | | Assembly no later than 2 years after the effective date of this | 6 | | Act. | 7 | | (c) The cost of the study shall be included in a | 8 | | reimbursement request to the Organization under Section 85. | 9 | | Section 80. Beverage container grant program. | 10 | | (a) The Organization shall transfer 5% of the revenue from | 11 | | unclaimed redemption refunds in the previous calendar year to | 12 | | the Agency by July 1 of each calendar year starting the first | 13 | | full calendar year after one or more beverage container types | 14 | | is sold with a redemption refund value under this Act to fund a | 15 | | beverage container grant program. | 16 | | (b) The Agency with the money available in the beverage | 17 | | container grant program shall annually fund with a competitive | 18 | | grant process education, infrastructure, or litter clean-up | 19 | | activities that increase the reuse or recycling of beverage | 20 | | containers or reduce the litter from beverage containers in | 21 | | the State. | 22 | | (c) The Agency shall not give grants such that any one | 23 | | beverage container type receives more than 25% of the benefits | 24 | | from the activities funded. | 25 | | (d) The following entities are eligible for a grant under |
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| 1 | | the beverage container grant program: | 2 | | (1) a school or an institution of higher education; | 3 | | (2) a nonprofit organization; | 4 | | (3) a county or municipal corporation; | 5 | | (4) a federally recognized tribe; | 6 | | (5) a for-profit organization; and | 7 | | (6) a public-private partnership. | 8 | | (e) The cost to administer the beverage container grant | 9 | | program shall be included in a reimbursement request to the | 10 | | Organization under Section 85. | 11 | | Section 85. Reimbursement to the Agency. | 12 | | (a) The Organization shall reimburse the Agency for costs | 13 | | incurred by the Agency under this Act, not to exceed $500,000 | 14 | | per year, in accordance with paragraph (4) of subsection (f) | 15 | | of Section 50. | 16 | | (b) The Organization shall reimburse the Agency for | 17 | | enforcement costs incurred by the Agency under this Act, in | 18 | | accordance with paragraph (5) of subsection (f) of Section 50, | 19 | | that may take the total amount reimbursed by the Organization | 20 | | to the Agency beyond $500,000 per year as long as the funded | 21 | | enforcement activities identified violations of this Act and | 22 | | resulted in penalties under this Act. | 23 | | Section 90. Enforcement. | 24 | | (a) In addition to any other applicable civil penalties or |
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| 1 | | criminal fines, the Agency may impose a civil penalty for each | 2 | | day that a violation of this Act, as may be defined by | 3 | | subsequent rulemaking, occurs that is: | 4 | | (1) $100 for the first violation of any requirement | 5 | | under this Act; and | 6 | | (2) not more than $1,000 for each subsequent violation | 7 | | of that requirement. | 8 | | (b) A person who takes any of the following actions with | 9 | | the intent to knowingly defraud is subject to subsection (c), | 10 | | along with any other federal, State, or local enforcement | 11 | | action arising from the action: | 12 | | (1) redeeming out-of-state beverage containers, | 13 | | rejected beverage containers, line defects, or beverage | 14 | | containers that have already been redeemed; | 15 | | (2) seeking a redemption refund under this Act by | 16 | | returning an already-redeemed beverage container at a | 17 | | redemption location; | 18 | | (3) bringing out-of-state beverage containers, | 19 | | rejected beverage containers, or line defects to the State | 20 | | marketplace for redemption; or | 21 | | (4) selling beverage containers not distributed or | 22 | | imported into the State by a member of the Organization. | 23 | | (c) A violation of subsection (b) resulting in financial | 24 | | gain by the violator shall subject the violator to the | 25 | | following: | 26 | | (1) If the amount of moneys gained is equal to or less |
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| 1 | | than $950, the violator is subject to: | 2 | | (A) imprisonment in a county jail for not more | 3 | | than 6 months; | 4 | | (B) a criminal fine not exceeding $1,000; or | 5 | | (C) both the fine and imprisonment described in | 6 | | subparagraphs (A) and (B). | 7 | | (2) If the amount of moneys gained is more than $950, | 8 | | the violator is subject to: | 9 | | (A) imprisonment in a county jail for not more | 10 | | than one year; | 11 | | (B) a criminal fine not exceeding $10,000; or | 12 | | (C) both the fine and imprisonment described in | 13 | | subparagraphs (A) and (B). | 14 | | (d) The Agency may bring a civil action to enjoin the | 15 | | distribution, importation, or sale in the State of a beverage | 16 | | container in violation of this Act. | 17 | | (e) The Agency may assess a penalty of up to $30,000 in a | 18 | | calendar year against the Organization for each redemption | 19 | | location at which the Organization receives more than an | 20 | | average of 100 individuals' complaints per month, according to | 21 | | the public reporting required under Section 60. | 22 | | (f) After notification from the Agency of noncompliance | 23 | | with this Act and a 60-day cure period, the Agency may | 24 | | administratively impose a civil penalty once per year to any | 25 | | distributor or importer who fails to participate as an | 26 | | Organization member as required under Section 10. The civil |
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| 1 | | penalty shall be the greater of $10,000 or 10 cents per | 2 | | beverage container sold by the distributor or importer in the | 3 | | State while not a member. Any distributor or importer who | 4 | | incurs a penalty under this Section may appeal the penalty to | 5 | | the Agency. | 6 | | (g) All penalties the State recovers under this Act: | 7 | | (1) up to the first $5,000,000 per calendar year shall | 8 | | only be used to administer this Act; | 9 | | (2) beyond the first $5,000,000 per calendar year | 10 | | shall only put toward the beverage container grant program | 11 | | created in Section 80.
| 12 | | Section 95. Administration. The Agency shall administer | 13 | | and enforce the provisions of this Act not otherwise allocated | 14 | | to another person or entity under this Act.".
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