Public Act 101-0137
 
HB2296 EnrolledLRB101 04552 CPF 49560 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The Environmental Protection Act is amended  by 
changing Section 22.23 and  by adding Section 22.23d as follows:
 



    (415 ILCS 5/22.23)  (from Ch. 111 1/2, par. 1022.23)



    Sec. 22.23. Batteries. 

    (a) Beginning September 1, 1990, any person selling 
lead-acid batteries at
retail or offering lead-acid batteries 
for retail sale in this State shall:

        (1) accept for recycling used lead-acid batteries from 
    customers, at the
point of transfer, in a quantity equal to 
    the number of new
batteries purchased; and

        (2) post in a conspicuous place a written notice at 
    least 8.5 by 11
inches in size that includes the universal 
    recycling symbol and the
following statements: "DO NOT put 
    motor vehicle batteries in the trash.";
"Recycle your used 
    batteries."; and "State law requires us to accept motor

    vehicle batteries for recycling, in exchange for new 
    batteries purchased.".

    (b) Any person selling lead-acid batteries at retail in 
this State may
either charge a recycling fee on each new 
lead-acid battery sold
for which the customer does not return a 
used battery to the retailer, or
provide a recycling credit to 
each customer who returns a used battery for
recycling at the 
time of purchasing a new one.

    (c) Beginning September 1, 1990, no lead-acid battery 
retailer
may dispose of a used lead-acid
battery except by 
delivering it (1) to a battery wholesaler or its agent,
(2) to 
a battery manufacturer, (3) to a collection or recycling 
facility that accepts lead-acid batteries,
or (4) to a 
secondary lead smelter permitted by either a state or federal

environmental agency.

    (d) Any person selling lead-acid batteries at wholesale or 
offering
lead-acid batteries for sale at wholesale shall accept 
for recycling used
lead-acid batteries from customers, at the 
point of transfer,
in a quantity equal to the number of new 
batteries purchased.
Such used batteries shall be disposed of 
as provided in subsection (c).

    (e) A person who accepts used lead-acid batteries for 
recycling pursuant
to subsection (a) or (d) shall not allow 
such batteries to accumulate for
periods of more than 90 days.

    (f) Beginning September 1, 1990, no person may knowingly 
cause or allow:

        (1) the placing of a lead-acid battery into any 
    container intended for
collection and disposal at a 
    municipal waste sanitary landfill; or

        (2) the disposal of any lead-acid battery in any 
    municipal waste
sanitary landfill or incinerator.

    (f-5) Beginning January 1, 2020, no person shall knowingly 
mix a lead-acid battery with any other material intended for 
collection as a recyclable material by a hauler.
    Beginning January 1, 2020, no person shall knowingly place 
a lead-acid battery into a container intended for collection by 
a hauler for processing at a recycling center. 
    (g) (Blank).

    (h) For the purpose of this Section:

    "Lead-acid battery" means a battery containing lead and 
sulfuric acid
that has a nominal voltage of at least 6 volts 
and is intended for use in
motor vehicles.

    "Motor vehicle" includes automobiles, vans, trucks, 
tractors, motorcycles
and motorboats.

    (i) (Blank).

    (j) Knowing violation of this Section shall be a petty 
offense
punishable by a fine of $100.

(Source: P.A. 100-621, eff. 7-20-18.)

 
    (415 ILCS 5/22.23d new)
    Sec. 22.23d. Rechargeable batteries.
    (a) "Rechargeable battery" means one or more voltaic or 
galvanic cells, electrically connected to produce electric 
energy, that is designed to be recharged for repeated uses. 
"Rechargeable battery" includes, but is not limited to, a 
battery containing lithium ion, lithium metal, or lithium 
polymer or that uses lithium as an anode or cathode, that is 
designed to be recharged for repeated uses. "Rechargeable 
battery" does not mean either of the following:
        (1) Any dry cell battery that is used as the principal 
    power source for transportation, including, but not 
    limited to, automobiles, motorcycles, or boats.
        (2) Any battery that is used only as a backup power 
    source for memory or program instruction storage, 
    timekeeping, or any similar purpose that requires 
    uninterrupted electrical power in order to function if the 
    primary energy supply fails or fluctuates momentarily.
    (b) Unless expressly authorized by  a recycling collection 
program, beginning January 1, 2020 no person shall knowingly 
mix a rechargeable battery or any appliance, device, or other 
item that contains a rechargeable battery with any other 
material intended for collection by a hauler as a recyclable 
material.
    Unless expressly authorized by a recycling collection 
program, beginning January 1, 2020, no person shall knowingly 
place a rechargeable battery or any appliance, device, or other 
item that contains a rechargeable battery into a container 
intended for collection by a hauler for processing at a 
recycling center. 
    (c) The Agency shall include on its website information 
regarding the recycling of rechargeable batteries.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.