Rep. Sharon Chung

Filed: 3/12/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5348

2    AMENDMENT NO. ______. Amend House Bill 5348 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Portable and Medium-Format Battery Stewardship Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) It is in the public interest of the citizens of
8    Illinois to encourage the recovery and reuse of materials,
9    such as metals, that replace the output of mining and
10    other extractive industries.
11        (2) Without a dedicated battery stewardship program,
12    battery user confusion regarding proper management options
13    for portable and medium-format batteries will continue to
14    persist.
15        (3) Ensuring the proper handling, recycling, and
16    end-of-life management of used portable and medium-format

 

 

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1    batteries prevents the release of toxic materials into the
2    environment and removes materials from the waste stream
3    that, if mishandled, may present safety concerns to
4    workers, such as by igniting fires at solid waste handling
5    facilities. For this reason, batteries should not be
6    placed into commingled recycling containers or disposed of
7    by traditional garbage collection containers.
8        (4) Jurisdictions around the world have successfully
9    implemented battery stewardship laws that have helped
10    address the challenges posed by the end-of-life management
11    of portable and medium-format batteries. Since it is
12    difficult for customers to differentiate between types and
13    chemistries of batteries, it is the best practice for
14    battery stewardship programs to collect all battery types
15    and chemistries.
 
16    Section 10. Definitions. As used in this Act, unless the
17context clearly requires otherwise.
18    "Agency" means the Illinois Environmental Protection
19Agency.
20    "Battery-containing product" means a product sold, offered
21for sale, or distributed in or into this State that contains or
22is packaged with rechargeable or primary batteries that are
23covered batteries. "Battery-containing product" does not
24include a covered electronic device subject to the
25requirements of the Consumer Electronics Recycling Act.

 

 

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1    "Battery stewardship organization" means a producer that
2directly implements a battery stewardship plan required under
3this Act or a nonprofit organization designated by a producer
4or group of producers to implement a battery stewardship plan
5required under this Act.
6    "Collection rate" means a percentage, by weight, that a
7battery stewardship organization collects that is calculated
8by dividing the total weight of primary and rechargeable
9batteries collected by the battery stewardship organization
10during the previous calendar year by the average annual weight
11of primary and rechargeable batteries that were estimated by
12the battery stewardship organization to have been sold in the
13State during the previous 3 calendar years by all producers
14participating in an approved battery stewardship plan.
15    "Covered battery" means a portable battery or a
16medium-format battery.
17    "Covered battery" does not include:
18        (1) a battery contained within a medical device, as
19    specified in 21 U.S.C. 321(h) as it existed as of the
20    effective date of this Act, that is not designed and
21    marketed for sale or resale principally to consumers for
22    personal use;
23        (2) a battery that contains an electrolyte as a free
24    liquid;
25        (3) a lead-acid battery weighing greater than 11
26    pounds;

 

 

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1        (4) a battery subject to the provisions of Section
2    22.23 of the Environmental Protection Act; and
3        (5) a battery in a battery-containing product that is
4    not intended or designed to be easily removable from the
5    battery-containing product.
6    "Easily removable" means designed by the manufacturer to
7be removable by the user of the product with no more than
8commonly used household tools.
9    "Medium-format battery" means the following primary or
10rechargeable covered batteries:
11        (1) for rechargeable batteries, a battery weighing
12    more than 11 pounds or having a rating of more than 300
13    watt-hours, or both, and no more than 25 pounds and having
14    a rating of no more than 2,000 watt-hours;
15        (2) for primary batteries, a battery weighing at least
16    4.4 pounds but not more than 25 pounds.
17    "Portable battery" means the following primary or
18rechargeable covered batteries:
19        (1) for rechargeable batteries, a battery weighing no
20    more than 11 pounds and having a rating of no more than 300
21    watt-hours;
22        (2) for primary batteries, a battery weighing no more
23    than 4.4 pounds.
24    "Primary battery" means a battery that is not capable of
25being recharged.
26    "Producer" means the following:

 

 

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1        (1) For covered batteries sold, offered for sale, or
2    distributed in or into this State:
3            (A) If the battery is sold, offered for sale, or
4        distributed in or into this State under the brand of
5        the battery manufacturer, the producer is the person
6        that manufactures the battery.
7            (B) If the battery is sold, offered for sale, or
8        distributed in or into this State under a retail brand
9        or under a brand owned by a person other than the
10        manufacturer, the producer is the brand owner.
11            (C) If there is no person to whom subparagraph (A)
12        or (B) of this paragraph (1) applies, the producer is
13        the person that is the licensee of a brand or trademark
14        under which the battery is sold, offered for sale, or
15        distributed in or into this State, whether or not the
16        trademark is registered in this State.
17            (D) If there is no person in the United States to
18        whom subparagraph (A), (B), or (C) of this paragraph
19        (1) applies, the producer is the person who is the
20        importer of record for the battery into the United
21        States.
22            (E) If there is no person with a commercial
23        presence within the State to whom subparagraph (A),
24        (B), (C), or (D) of this paragraph (1) applies, the
25        producer is the person who first sells, offers for
26        sale, or distributes the battery in or into this

 

 

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1        State.
2        (2) For covered battery-containing products containing
3    one or more covered batteries sold, offered for sale, or
4    distributed in or into this State:
5            (A) If the battery-containing product is sold,
6        offered for sale, or distributed in or into this State
7        under the brand of the product manufacturer, the
8        producer is the person that manufactures the product.
9            (B) If the battery-containing product is sold,
10        offered for sale, or distributed in or into this State
11        under a retail brand or under a brand owned by a person
12        other than the manufacturer, the producer is the brand
13        owner.
14            (C) If there is no person to whom subparagraph (A)
15        or (B) of this paragraph (2) applies, the producer is
16        the person that is the licensee of a brand or trademark
17        under which the product is sold, offered for sale, or
18        distributed in or into this State, whether or not the
19        trademark is registered in this State.
20            (D) If there is no person described in
21        subparagraph (A), (B), or (C) of this paragraph (2)
22        within the United States, the producer is the person
23        who is the importer of record for the product into the
24        United States.
25            (E) If there is no person described in
26        subparagraph (A), (B), (C), or (D) of this paragraph

 

 

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1        (2) with a commercial presence within the State, the
2        producer is the person who first sells, offers for
3        sale, or distributes the product in or into this
4        State.
5            (F) A producer does not include any person who
6        only manufactures, sells, offers for sale,
7        distributes, or imports into the State a
8        battery-containing product if the only batteries
9        contained in or supplied with the battery-containing
10        product are supplied by a producer that has joined a
11        registered battery stewardship organization as the
12        producer for that covered battery under this Act. Such
13        a producer of covered batteries that are included in a
14        battery-containing product must provide written
15        certification of that membership to both the producer
16        of the battery-containing product containing one or
17        more covered batteries and the battery stewardship
18        organization of which the battery producer is a
19        member.
20        (3) A person is the producer of a covered battery or
21    battery-containing product containing one or more covered
22    batteries sold, offered for sale, or distributed in or
23    into this State, as defined in this Section, except if
24    another party has contractually accepted responsibility as
25    a responsible producer and has joined a registered battery
26    stewardship organization as the producer for that covered

 

 

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1    battery or battery-containing product containing one or
2    more covered batteries under this Act.
3    "Program" means a program implemented by a battery
4stewardship organization consistent with an approved battery
5stewardship plan.
6    "Rechargeable battery" means a battery that contains one
7or more voltaic or galvanic cells, electrically connected to
8produce electric energy, designed to be recharged.
9    "Recycling" means recycling, reclamation, or reuse as
10defined in Section 3.380 of the Environmental Protection Act.
11For purposes of this Act, "recycling" does not include:
12        (1) combustion;
13        (2) incineration;
14        (3) energy generation;
15        (4) fuel production; or
16        (5) beneficial reuse in the construction and operation
17    of a solid waste landfill, including use of alternative
18    daily cover.
19    "Recycling efficiency rate" means the ratio of the weight
20of components and materials recycled by a program operator
21from covered batteries to the weight of covered batteries as
22collected by the program operator.
23    "Retailer" means a person who sells covered batteries or
24battery-containing products containing one or more covered
25batteries in or into this State or offers or otherwise makes
26available covered batteries or battery-containing products

 

 

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1containing one or more covered batteries to a customer,
2including other businesses, in this State.
 
3    Section 15. Requirement that producers implement a
4stewardship plan.
5    (a) Beginning January 1, 2026, a producer selling, making
6available for sale, or distributing covered batteries or
7battery-containing products containing one or more covered
8batteries in or into the State of Illinois shall participate
9in an approved Illinois State battery stewardship plan through
10participation in and funding of a battery stewardship
11organization.
12    (b) Beginning January 1, 2026, no person shall sell
13covered batteries or battery-containing products covered by
14this Act in or into the State who does not participate in a
15battery stewardship organization and battery stewardship plan.
 
16    Section 20. Role of retailers.
17    (a) Beginning July 1, 2026, a retailer may not sell, offer
18for sale, distribute, or otherwise make available for sale a
19covered battery or battery-containing product containing one
20or more covered batteries unless the producer of the covered
21battery or battery-containing product is identified as a
22participant in a battery stewardship organization whose plan
23has been approved by the Agency.
24    (b) A retailer is not in violation of the requirements of

 

 

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1subsection (a) of this Section if the website made available
2by the Agency under Section 55 lists, as of the date a product
3is made available for retail sale, the producer or brand of
4covered battery or battery-containing product containing one
5or more covered batteries sold by the retailer as a
6participant in an approved plan or the implementer of an
7approved plan.
8    (c) Retailers of covered batteries or battery-containing
9products containing one or more covered batteries are not
10required to make retail locations available to serve as
11collection sites for a stewardship program operated by a
12battery stewardship organization. Retailers that serve as a
13collection site must comply with the requirements for
14collection sites, consistent with Section 40.
15    (d) A retailer may not sell, offer for sale, distribute,
16or otherwise make available for sale covered batteries, unless
17those batteries are marked consistently with the requirements
18of Section 65. A producer of a product containing a covered
19battery must certify to the retailers of its product that the
20battery contained in the battery-containing product is marked
21consistently with the requirements of Section 65.
22    (e) A retailer selling or offering covered batteries or
23battery-containing products containing one or more covered
24batteries for sale in the State may provide information,
25provided to the retailer by the battery stewardship
26organization, regarding available end-of-life management

 

 

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1options for covered batteries collected by the battery
2stewardship organization. The information that a battery
3stewardship organization must make available to retailers for
4voluntary use by retailers must include, but is not limited
5to, in-store signage, written materials, and other promotional
6materials that retailers may use to inform customers of the
7available end-of-life management options for covered batteries
8collected by the battery stewardship organization.
9    (f) Retailers, producers, or battery stewardship
10organizations shall not charge a specific point-of-sale fee to
11consumers to cover the administrative or operational costs of
12the battery stewardship organization or the battery
13stewardship program.
 
14    Section 25. Stewardship plan components.
15    (a) By July 1, 2025, each battery stewardship organization
16must submit to the Agency for approval a plan for covered
17batteries. The Agency shall review and approve a plan based on
18whether it:
19        (1) lists and provides contact information for each
20    producer, battery brand, and battery-containing product
21    brand covered in the plan, including identifying producers
22    who have contractually accepted responsibility as a
23    producer in accordance with paragraph (3) of the
24    definition of producer in this Act;
25        (2) proposes performance goals, consistent with

 

 

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1    Section 30, including establishing performance goals for
2    each of the next 3 upcoming calendar years of program
3    implementation;
4        (3) describes how the battery stewardship organization
5    will make retailers aware of their obligation to sell only
6    covered batteries and battery-containing products
7    containing one or more covered batteries of producers
8    participating in an approved plan;
9        (4) describes the education and communications
10    strategy being implemented to promote participation in the
11    approved covered battery stewardship program and provide
12    the information necessary for effective participation of
13    consumers, retailers, and others;
14        (5) describes how the battery stewardship organization
15    will make available to collection sites, for voluntary
16    use, signage, written materials, and other promotional
17    materials that collection sites may use to inform
18    consumers of the available end-of-life management options
19    for covered batteries collected by the battery stewardship
20    organization;
21        (6) lists promotional activities to be undertaken, and
22    the identification of consumer awareness goals and
23    strategies that the program will employ to achieve these
24    goals after the program begins to be implemented;
25        (7) includes collection site safety training
26    procedures related to covered battery collection

 

 

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1    activities at collection sites, including a description of
2    operating protocols to reduce risks of spills or fires,
3    response protocols in the event of a spill or fire, and
4    protocols for safe management of damaged batteries that
5    are returned to collection sites;
6        (8) describes the method to establish and administer a
7    means for fully funding the program in a manner that
8    equitably distributes the program's costs among the
9    producers that are part of the battery stewardship
10    organization. For producers that choose meet the
11    requirements of this Act individually, without joining a
12    battery stewardship organization, the plan must describe
13    the proposed method to establish and administer a means
14    for fully funding the program;
15        (9) describes the financing methods used to implement
16    the plan, consistent with Section 35;
17        (10) describes how the program will collect all
18    covered battery chemistries and brands on a free,
19    continuous, convenient, visible, and accessible basis, and
20    consistent with the requirements of Section 40, including
21    a description of how the statewide convenience standard
22    will be met and a list of collection sites, including the
23    address of collection sites;
24        (11) provides explanation for any delay anticipated by
25    the battery stewardship organization for the
26    implementation of the management of medium-format

 

 

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1    batteries such that implementation will begin later than
2    January 1, 2026, including a delay in the ability to
3    collect, package, transport, or process medium-format
4    batteries in accordance with the requirements of this Act,
5    and establishes an expected date of compliance for
6    management of medium-format batteries that is not later
7    than January 1, 2028 if a delay occurs;
8        (l2) describes the criteria to be used in the program
9    to determine whether an entity may serve as a collection
10    site for covered batteries under the program;
11        (13) establishes collection rate goals for each of the
12    first 3 years of implementation of the battery stewardship
13    plan that are based on the estimated total weight of
14    primary and rechargeable covered batteries that have been
15    sold in the State in the previous 3 calendar years by the
16    producers participating in the battery stewardship plan;
17        (14) identifies proposed service providers, such as
18    sorters, transporters, and processors, to be used by the
19    program for the final disposition of batteries and
20    proposed provisions for recordkeeping, tracking, and
21    documenting the fate of collected covered batteries;
22        (15) details how the program will achieve a recycling
23    efficiency rate, calculated in accordance with Section 50,
24    of at least 60% for rechargeable batteries and at least
25    70% for primary batteries; and
26        (16) proposes goals for increasing public awareness of

 

 

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1    the program and describes how the public education and
2    outreach components of the program under Section 45 will
3    be implemented.
4    (b) A battery stewardship organization must submit a new
5plan to the Agency for approval no less than every 5 years. If
6the performance goals under Section 30 of this Act and as
7approved in the plan have not been met, the new plan shall
8include corrective measures to be implemented by the battery
9stewardship organization to meet the performance goals, which
10may include improvements to the collection site network or
11increased expenditures dedicated to education and outreach.
12    (c) A battery stewardship organization must provide plan
13amendments to the Agency for approval when proposing changes
14to the performance goals under Section 30 based on the
15up-to-date experience of the program or when there is a change
16to the method of financing plan implementation under Section
1735. This does not include changes to the fees or fee structure
18established in the plan.
19    (d) The Agency shall review stewardship plans and
20stewardship plan amendments for compliance with this Act and
21shall approve, disapprove, or conditionally approve the plans
22or plan amendments in writing within 120 days of their
23receipt. If the Agency disapproves a stewardship plan or plan
24amendment submitted by a battery stewardship organization, the
25Agency shall explain how the stewardship plan or plan
26amendment does not comply with this Act. The battery

 

 

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1stewardship organization shall resubmit to the Agency a
2revised stewardship plan or plan amendment or notice of plan
3withdrawal within 60 days of the date the written notice of
4disapproval is issued, and the Agency shall review the revised
5stewardship plan or plan amendment within 90 days of
6resubmittal. If a revised stewardship plan is disapproved by
7the Agency, a producer operating under the stewardship plan
8shall not be in compliance with this Act until the Agency
9approves a stewardship plan submitted by a battery stewardship
10organization that covers the producer's products.
11    (e) When a stewardship plan or an amendment to an approved
12plan is submitted under this Section, the Agency shall make
13the proposed plan or amendment available for public review and
14comment for at least 30 days.
15    (f) A battery stewardship organization must provide
16written notification to the Agency within 30 days of a
17producer beginning or ceasing to participate in a battery
18stewardship organization or of adding or removing a processor
19or transporter.
 
20    Section 30. Performance goals.
21    (a) Each battery stewardship plan must include performance
22goals that measure, on an annual basis, the achievements of
23the program, including:
24        (1) the collection rate for batteries in Illinois;
25        (2) the recycling efficiency rate of the program; and

 

 

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1        (3) public awareness of the program.
2    (b) The performance goals established in each battery
3stewardship plan must include, but are not limited to:
4        (1) target collection rates for primary batteries and
5    for rechargeable batteries;
6        (2) target recycling efficiency rates of at least 60%
7    for rechargeable batteries and at least 70% for primary
8    batteries; and
9        (3) goals for public awareness, convenience, and
10    accessibility that meet or exceed the minimum requirements
11    established in Section 40.
 
12    Section 35. Funding.
13    (a) A battery stewardship organization implementing a
14battery stewardship plan on behalf of producers must develop
15and administer a system to collect charges from participating
16producers to cover the costs of plan implementation,
17including:
18        (1) battery collection, transporting, and processing;
19        (2) education and outreach;
20        (3) program evaluation; and
21        (4) payment of the administrative fees to the Agency
22    under Section 55.
23    (c) Each battery stewardship organization is responsible
24for all costs of participating covered battery collection,
25transportation, processing, education, administration, agency

 

 

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1reimbursement, recycling, and end-of-life management in
2accordance with the requirements of this Act.
3    (d) Each battery stewardship organization must meet the
4collection goals established in the approved stewardship plan
5as specified in Section 25.
6    (e) A battery stewardship organization shall not reduce or
7cease collection, education and outreach, or other activities
8implemented under an approved plan based on achievement of
9program performance goals.
10    (f) A battery stewardship organization must reimburse
11local governments for demonstrable costs incurred as a result
12of a local government facility or solid waste handling
13facility serving as a collection site for a program including,
14but not limited to, associated labor costs and other costs
15associated with accessibility and collection site standards
16such as storage.
17    (g) A battery stewardship organization shall at a minimum
18provide collection sites with appropriate containers for
19covered batteries subject to its program, training, signage,
20safety guidance, and educational materials, at no cost to the
21collection sites.
 
22    Section 40. Collection and management requirements.
23    (a) Battery stewardship organizations implementing a
24battery stewardship plan must provide for the collection of
25all covered batteries, including all chemistries and brands of

 

 

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1covered batteries, on a free, continuous, convenient, visible,
2and accessible basis to any person, business, governmental
3agency, or nonprofit organization. Except as provided in
4subsection (d) of this Section, each battery stewardship plan
5must arrange for the collection of each chemistry and brand of
6covered battery from any person, business, governmental
7agency, or nonprofit organization at each collection site that
8counts toward satisfaction of the collection site criteria in
9subsection (d) of this Section.
10    (b)(1) For each collection site used by the program, each
11battery stewardship organization must provide suitable
12collection containers for covered batteries that are
13segregated from other solid waste or make mutually agreeable
14alternative arrangements for the collection of batteries at
15the site. The location of collection containers at each
16collection site used by the program must be within view of a
17responsible person and must be accompanied by signage that is
18made available to the collection site by the battery
19stewardship organization and informs customers regarding the
20end-of-life management options for batteries provided by the
21collection site under this Act. Each collection site must meet
22applicable federal, State, and local regulatory requirements.
23    (2) Medium-format batteries may be collected only at
24household hazardous waste collection sites or other staffed
25collection sites that meet applicable federal, State, and
26local regulatory requirements to manage medium-format

 

 

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1batteries.
2    (3)(A) Damaged and defective batteries are intended to be
3collected at collection sites staffed by persons trained to
4handle and ship those batteries.
5    (B) Each battery stewardship organization must provide for
6the collection, with qualified staff, of damaged and defective
7batteries at each permanent household hazardous waste facility
8and at each household hazardous waste collection event
9scheduled by the Agency as specified in paragraph (1).
10    (C) As used in this subsection, "damaged and defective
11batteries" means batteries that have been damaged or
12identified by the manufacturer as being defective for safety
13reasons and that have the potential of producing a dangerous
14evolution of heat, fire, or short circuit, as referred to in 49
15CFR 173.185(f) as of January 1, 2023, or as updated by the
16Illinois Pollution Control Board by rule to maintain
17consistency with federal standards.
18    (c)(1) Each battery stewardship organization implementing
19a battery stewardship plan shall ensure statewide collection
20opportunities for all covered batteries. Battery stewardship
21organizations shall coordinate activities with other program
22operators, including covered battery collection and recycling
23programs and electronic waste recyclers, with regard to the
24proper management or recycling of collected covered batteries,
25for purposes of providing the efficient delivery of services
26and avoiding unnecessary duplication of effort and expense.

 

 

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1Statewide collection opportunities must be determined by
2geographic information modeling that considers permanent
3collection sites. A program may rely, in part, on collection
4events to supplement the permanent collection services
5required in (2) and (3) of this subsection. However, only
6permanent collection services specified in (2) and (3) of this
7subsection qualify toward the satisfaction of the requirements
8of this subsection.
9    (2) For portable batteries, each battery stewardship
10organization must provide statewide collection opportunities
11that include:
12        (A) at least one permanent collection site for
13    portable batteries within a 15-mile radius for at least
14    95% of State residents; and
15        (B) at least one permanent collection site, collection
16    service, or collection event for portable batteries in
17    addition to those required in subparagraph (i) for every
18    30,000 residents of a county.
19    (3) For medium-format batteries, a battery stewardship
20organization must provide statewide collection opportunities
21that include:
22        (A) at least 10 permanent collection sites in
23    Illinois;
24        (B) reasonable geographic dispersion of collection
25    sites throughout the State;
26        (C) a permanent collection site in each county of at

 

 

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1    least 200,000 persons, as determined by the most recent
2    federal decennial census; and
3        (D) service to areas without a permanent collection
4    site. A battery stewardship organization must ensure that
5    there is a collection event at least once every 3 years in
6    each county of the State which does not have a permanent
7    collection site. Such collection events must provide for
8    the collection of all medium-format batteries, including
9    damaged and defective batteries.
10    (d) A battery stewardship organization shall ensure the
11minimum number of collection sites specified in subsection (c)
12of this Section are established by no later than December 31,
132026 for portable batteries and by no later than December 31,
142028 for medium-format batteries.
15    (e)(1) Battery stewardship programs must use existing
16public and private waste collection services and facilities,
17including battery collection sites that are established
18through other battery collection services, transporters,
19consolidators, processors, and retailers, if cost-effective,
20mutually agreeable, and otherwise practicable.
21    (2) Battery stewardship programs must use as a collection
22site for covered batteries any retailer, wholesaler,
23municipality, solid waste management facility, household
24hazardous waste facility, or other entity that meets the
25criteria for collection sites in the approved plan up to the
26minimum number of sites required for compliance with

 

 

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1subsection (d) of this Section, upon the submission of a
2request by the entity to the battery stewardship organization
3to serve as a collection site. Battery stewardship programs
4may use additional collection sites in excess of the minimum
5required in subsection (d) of this Section as may be agreed
6between the battery stewardship organization and the
7collection site.
8    (3) Battery stewardship programs must use as a site for a
9collection event for covered batteries any retailer,
10wholesaler, municipality, solid waste management facility,
11household hazardous waste facility, or other entity that meets
12the criteria for collection events in the approved plan up to
13the minimum number of sites required for compliance with
14subsection (d) of this Section, upon the submission of a
15request by the entity to the battery stewardship organization
16to serve as a site for a collection event. Battery stewardship
17programs may use additional sites for collection events in
18excess of the minimum required in subsection (d) of this
19Section as may be agreed between the battery stewardship
20organization and the collection site.
21    (4) A battery stewardship organization may issue a
22warning, suspend, or terminate a collection site or service
23that does not adhere to the collection site criteria in the
24approved plan or that poses an immediate health and safety
25concern.
26    (f)(1) Stewardship programs are not required to provide

 

 

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1for the collection of battery-containing products.
2    (2) Stewardship programs are not required to provide for
3the collection of batteries that: (i) are not easily removable
4from the product other than by the manufacturer; and (ii)
5remain contained in a battery-containing product at the time
6of delivery to a collection site.
7    (3) Stewardship programs are required to provide for the
8collection of loose batteries.
9    (4) Stewardship programs are not required to provide for
10the collection of batteries still contained in covered
11electronic devices that are subject to the requirements of the
12Consumer Electronics Recycling Act.
 
13    Section 45. Education and outreach requirements.
14    (a) Each battery stewardship organization must carry out
15promotional activities in support of plan implementation
16including, but not limited to:
17        (1) the development and maintenance of a website;
18        (2) the development and distribution of periodic press
19    releases and articles;
20        (3) the development and placement of advertisements
21    for use on social media or other relevant media platforms;
22        (4) the development of promotional materials about the
23    program and the restriction on the disposal of covered
24    batteries in Section 70 to be used by persons, including,
25    but not limited to, retailers, government agencies, waste

 

 

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1    and recycling collectors, and nonprofit organizations;
2        (5) the development and distribution of collection
3    site safety training procedures that are in compliance
4    with State law to collection sites to help ensure proper
5    management of covered batteries at collection sites; and
6        (6) the development and implementation of outreach and
7    educational resources that are conceptually,
8    linguistically, and culturally accurate for the
9    communities served and reach the State's diverse ethnic
10    populations, including through meaningful consultation
11    with communities that bear disproportionately higher
12    levels of adverse environmental and social justice
13    impacts.
14    (b) Each battery stewardship organization must provide:
15        (1) consumer-focused educational promotional
16    materials to each collection site used by the program and
17    accessible by customers of retailers that sell covered
18    batteries or battery-containing products containing one or
19    more covered batteries; and
20        (2) safety information related to covered battery
21    collection activities to the operator of each collection
22    site, including appropriate protocols to reduce risks of
23    spills or fires, response protocols in the event of a
24    spill or fire, and response protocols in the event of
25    detection of a damaged or defective battery.
26    (c)(1) Each battery stewardship organization must provide

 

 

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1educational materials to the operator of each collection site
2for the management of recalled batteries, which are not
3intended to be part of collection as provided under this Act,
4to help facilitate transportation and processing of recalled
5batteries.
6    (2) A battery stewardship organization may seek
7reimbursement from the producer of the recalled battery for
8expenses incurred in the collection, transportation, or
9processing of those batteries.
10    (d) Upon request by a retailer or other potential
11collector, the battery stewardship organization must provide
12the retailer or other potential collector educational
13materials describing collection opportunities for batteries.
14    (e) If multiple battery stewardship organizations are
15implementing plans approved by the Agency, the battery
16stewardship organizations must coordinate in carrying out
17their education and outreach responsibilities under this
18Section and must include in their annual reports to the Agency
19under Section 50 a summary of their coordinated education and
20outreach efforts.
21    (f) During the first year of program implementation and
22every 5 years thereafter, each battery stewardship
23organization must carry out a survey of public awareness
24regarding the requirements of the program established under
25this Act, including the provisions of Section 70. Each battery
26stewardship organization must share the results of the public

 

 

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1awareness surveys with the Agency.
 
2    Section 50. Reporting requirements.
3    (a) By June 1, 2027, and each June 1st thereafter, each
4battery stewardship organization must submit an annual report
5to the Agency covering the preceding calendar year of battery
6stewardship plan implementation. The report must include the
7following:
8        (1) The report must include an independent financial
9    assessment of a program implemented by the battery
10    stewardship organization, including a breakdown of the
11    program's expenses, such as collection expenses, recycling
12    expenses, education expenses, and overhead expenses.
13        (2) The report must include a summary financial
14    Statement documenting the financing of a battery
15    stewardship organization's program and an analysis of
16    program costs and expenditures, including an analysis of
17    the program's expenses, such as collection,
18    transportation, recycling, education, and administrative
19    overhead. The summary financial Statement must be
20    sufficiently detailed to provide transparency that funds
21    collected from producers as a result of their activities
22    in Illinois are spent on program implementation in
23    Illinois. Battery stewardship organizations implementing
24    similar battery stewardship programs in multiple states
25    may submit a financial statement including all covered

 

 

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1    states, as long as the Statement breaks out financial
2    information pertinent to Illinois.
3        (3) The report must include the weight, by chemistry,
4    of covered batteries collected under the program.
5        (4) The report must include the weight of materials
6    recycled from covered batteries collected under the
7    program, in total, and by method of battery recycling.
8        (5) The report must include a calculation of the
9    recycling efficiency rates, as measured consistent with
10    subsection (b) of this Section.
11        (6) The report must include a list of all facilities
12    used in the processing or disposition of batteries,
13    including identification of the facilities' location and
14    whether the facility is located domestically, in an
15    organization for economic cooperation and development
16    country, or in a country that meets organization for
17    economic cooperation and development operating standards,
18    and for domestic facilities provide a summary of any
19    violations of environmental laws and regulations over the
20    previous 3 years at each facility.
21        (7) The report must include for each facility used for
22    the final disposition of batteries, a description of how
23    the facility recycled or otherwise managed batteries and
24    battery components.
25        (8) The report must include the weight and chemistry
26    of batteries sent to each facility used for the final

 

 

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1    disposition of batteries. The information in this
2    subdivision (a)(8) may be approximated for program
3    operations in Illinois based on extrapolations of national
4    or regional data for programs in operation in multiple
5    states.
6        (9) The report must include the collection rate
7    achieved under the program, including a description of how
8    this collection rate was calculated and how it compares to
9    the collection rate goals under Section 30.
10        (10) The report must include the estimated aggregate
11    sales, by weight and chemistry, of batteries and batteries
12    contained in or with battery-containing products sold in
13    Illinois by participating producers for each of the
14    previous 3 calendar years.
15        (11) The report must include a description of the
16    manner in which the collected batteries were managed and
17    recycled, including a discussion of best available
18    technologies and the recycling efficiency rate.
19        (12) The report must include a description of
20    education and outreach efforts supporting plan
21    implementation including, but not limited to, a summary of
22    education and outreach provided to consumers, collection
23    sites, manufacturers, distributors, and retailers by the
24    program operator for the purpose of promoting the
25    collection and recycling of covered batteries, a
26    description of how that education and outreach met the

 

 

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1    requirements of Section 45, samples of education and
2    outreach materials, a summary of coordinated education and
3    outreach efforts with any other battery stewardship
4    organizations implementing a plan approved by the Agency,
5    and a summary of any changes made during the previous
6    calendar year to education and outreach activities.
7        (13) The report must include a list of all collection
8    sites and an address for each listed site, and an
9    up-to-date map indicating the location of all collection
10    sites used to implement the program, with links to
11    appropriate websites where there are existing websites
12    associated with a site.
13        (14) The report must include a description of methods
14    used to collect, transport, and recycle covered batteries
15    by the battery stewardship organization.
16        (15) The report must include a summary of progress
17    made toward the program performance goals established
18    under Section 30, and an explanation of why performance
19    goals were not met, if applicable.
20        (16) The report must include an evaluation of the
21    effectiveness of education and outreach activities.
22    (b) The weight of batteries or recovered resources from
23those batteries must only be counted once and may not be
24counted by more than one battery stewardship organization.
25    (c) If a battery stewardship organization has disposed of
26covered batteries though energy recovery, incineration, or

 

 

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1landfilling during the preceding calendar year of program
2implementation, the annual report must specify the steps that
3the battery stewardship organization will take to make the
4recycling of covered batteries cost-effective, where possible,
5or to otherwise increase battery recycling rates achieved by
6the battery stewardship organization.
7    (d) Proprietary information submitted to the Agency under
8this Act is exempted from disclosure as provided under
9paragraphs (g) and (mm) of subsection (1) of Section 7 of the
10Freedom of Information Act.
 
11    Section 55. Fee and Agency role.
12    (a) By July 1, 2025, and by July 1 of each year thereafter,
13each battery stewardship organization shall pay to the Agency
14an annual fee of $100,000. The fee shall cover the Agency's
15full costs of implementing, administering, and enforcing this
16Act. The annual fee shall be deposited into the Solid Waste
17Management Fund to be used for costs associated with the
18administration of this Act.
19    (b) The responsibilities of the Agency in implementing,
20administering, and enforcing this Act include:
21        (1) reviewing submitted stewardship plans and plan
22    amendments and making determinations as to whether to
23    approve the plan or plan amendment;
24        (2) reviewing annual reports submitted under Section
25    50 within 90 days after submission to ensure compliance

 

 

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1    with that Section;
2        (3) maintaining a website that lists producers and
3    their brands that are participating in an approved plan,
4    and that makes available to the public each plan, plan
5    amendment, and annual report received by the Agency under
6    this Act; and
7        (4) providing technical assistance to producers and
8    retailers related to the requirements of this Act.
 
9    Section 60. Penalties and civil actions.
10    (a) Any person who violates any provision of this Act is
11liable for a civil penalty of $7,000 per violation, except
12that the failure to pay a fee under this Act shall cause the
13person who fails to pay the fee to be liable for a civil
14penalty that is double the applicable fee.
15    (b) The penalties provided for in this Section may be
16recovered in a civil action brought in the name of the People
17of the State of Illinois by the State's Attorney of the county
18in which the violation occurred or by the Attorney General.
19Any penalties collected under this Section in an action in
20which the Attorney General has prevailed shall be deposited
21into the Environmental Protection Trust Fund, to be used in
22accordance with the provision of the Environmental Protection
23Trust Fund Act.
24    (c) The Attorney General or the State's Attorney of a
25county in which a violation occurs may institute a civil

 

 

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1action for an injunction, prohibitory or mandatory, to
2restrain violations of this Act or to require such actions as
3may be necessary to address violations of this Act.
4    (d) The penalties and injunctions provided in this Act are
5in addition to any penalties, injunctions, or other relief
6provided under any other State law. Nothing in this Act bars a
7cause of action by the State for any other penalty,
8injunction, or other relief provided by any other law.
9    (e) Any person who knowingly makes a false, fictitious, or
10fraudulent material statement, orally or in writing, to the
11Agency, related to or required by this Act or any rule adopted
12under this Act commits a Class 4 felony, and each such
13statement or writing shall be considered a separate Class 4
14felony. A person who, after being convicted under this
15subsection, violates this subsection a second or subsequent
16time commits a Class 3 felony.
17    (f) No penalty may be assessed under this Act on an
18individual or resident for the improper disposal of covered
19batteries as described in Section 70 in a noncommercial or
20residential setting.
 
21    Section 65. Marking requirements for batteries.
22    (a) Except as otherwise provided in rules adopted by
23Illinois Pollution Control Board under subsection (b), a
24producer or retailer may sell, offer for sale, or distribute
25in or into Illinois a covered battery or battery-containing

 

 

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1product containing one or more covered batteries only if the
2battery is:
3        (1) beginning January 1, 2027, marked with an
4    identification of the producer of the battery, unless the
5    battery is less than one-half inch in diameter or does not
6    contain a surface whose length exceeds one-half inch; and
7        (2) beginning January 1, 2029, marked with proper
8    labeling to ensure proper collection and recycling, by
9    identifying the chemistry of the battery and including an
10    indication that the battery should not be disposed of as
11    household waste.
12    (b) The Illinois Pollution Control Board may adopt rules
13establishing marking requirements for batteries as needed to
14maintain consistency with the labeling requirements or
15voluntary standards for batteries established in federal law.
 
16    Section 70. General battery disposal and collection
17requirements.
18    (a) On and after January 1, 2028 all persons must manage
19unwanted covered batteries through one of the following
20options:
21        (1) delivery to a collection site, event, or program
22    established by or included in the programs created by this
23    Act; or
24        (2) for covered batteries that are hazardous waste as
25    defined under federal or State hazardous or solid waste

 

 

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1    laws, management in a manner consistent with the
2    requirements of those laws.
3    (b) On and after January 1, 2028:
4        (1) A fee may not be charged at the time covered
5    batteries are delivered or collected for management.
6        (2) All covered batteries may be collected,
7    transported, and processed only in accordance with this
8    Act, unless the batteries are regulated as hazardous waste
9    as described in subdivision (A)(1) of this Section.
10        (3) No person may knowingly cause or allow the mixing
11    of a covered battery with recyclable materials that are
12    intended for processing and sorting at a material recovery
13    facility.
14        (4) No person may knowingly cause or allow the mixing
15    of a covered battery with municipal waste that is intended
16    for disposal at a sanitary landfill.
17        (5) No person may knowingly cause or allow the
18    disposal of a covered battery in a sanitary landfill.
19        (6) No person may knowingly cause or allow the mixing
20    of a covered battery with waste that is intended for
21    burning or incineration.
22        (7) No person may knowingly cause or allow the burning
23    or incineration of a covered battery.
24        (8) An owner or operator of a solid waste facility may
25    not be found in violation of this Section if the facility
26    has posted in a conspicuous location a sign stating that

 

 

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1    covered batteries must be managed through collection sites
2    established by a battery stewardship organization and are
3    not accepted for disposal.
4        (9) A solid waste collector may not be found in
5    violation of this Section for a covered battery placed in
6    a disposal container by a third party.
 
7    Section 75. Assessment of battery-containing products and
8their batteries.
9    (a) By July 1, 2027, the battery stewardship organization
10must complete an assessment of the opportunities and
11challenges associated with the end-of-life management of
12portable and medium-format batteries that are not intended or
13designed to be easily removed by a customer and that are
14contained either in battery-containing products, including
15medical devices, or in electronic products that are not
16covered electronic devices subject to the requirements of the
17Consumer Electronics Recycling Act.
18    (b) The battery stewardship organization must consult with
19the Agency and interested stakeholders in completing the
20assessment. The assessment must identify any adjustments to
21the stewardship program requirements established in this Act
22that would maximize public health, safety, and environmental
23benefits.
24    (c) The assessment must consider:
25        (1) the different categories and uses of

 

 

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1    battery-containing products;
2        (2) the current methods by which unwanted
3    battery-containing products are managed in Illinois and
4    nearby states and provinces;
5        (3) challenges posed by the potential collection,
6    management, and transport of battery-containing products,
7    including challenges associated with removing batteries
8    that were not intended or designed to be easily removable
9    from products, other than by the manufacturer; and
10        (4) which criteria of this Act may apply to
11    battery-containing products in a manner that is identical
12    or analogous to the requirements applicable to covered
13    batteries.
14    (d) By October 1, 2027, the Agency must submit the
15assessment required in this Section to the General Assembly.
 
16    Section 80. Antitrust. Producers or battery stewardship
17organizations acting on behalf of producers that prepare,
18submit, and implement a battery stewardship program plan under
19this Act and who are thereby subject to regulation by the
20Agency are granted immunity from State laws relating to
21antitrust, restraint of trade, unfair trade practices, and
22other regulation of trade and commerce, for the limited
23purpose of planning, reporting, and operating a battery
24stewardship program, including:
25        (1) the creation, implementation, or management of a

 

 

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1    battery stewardship organization and any battery
2    stewardship plan regardless of whether it is submitted,
3    denied, or approved;
4        (2) the determination of the cost and structure of a
5    battery stewardship plan; and
6        (3) the types or quantities of batteries being
7    recycled or otherwise managed under this Act.
 
8    Section 85. Collection of batteries independent of a
9battery stewardship program. Nothing in this Act shall prevent
10or prohibit a person from offering or performing a fee-based,
11household collection, or a mail back program for end-of-life
12portable batteries or medium-format batteries independently of
13a battery stewardship program, provided that such person meets
14the following requirements:
15        (1) such person's services must be performed, and such
16    person's facilities must be operated in compliance with
17    all applicable federal, State, and local laws and
18    requirements, including, but not limited to, all
19    applicable U.S. Department of Transportation regulations,
20    and all applicable provisions of the Environmental
21    Protection Act;
22        (2) such person must make available all batteries
23    collected by such person from its Illinois customers to
24    the battery stewardship organization; and
25        (3) after consolidation of portable or medium-format

 

 

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1    batteries at the person's facilities, the transport to and
2    processing of such batteries by the battery stewardship
3    organization's designated sorters or processors shall be
4    at the battery stewardship organization's expense.
 
5    (415 ILCS 5/22.23d rep.)
6    Section 90. The Environmental Protection Act is amended by
7repealing Section 22.23d.
 
8    Section 97. Severability. If any provision of this Act or
9its application to any person or circumstance is held invalid,
10the remainder of the act or the application of the provision to
11other persons or circumstances is not affected.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law, except that Section 90 takes effect on January
141, 2028.".