SB3686 EngrossedLRB103 37456 JAG 67578 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
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 persist.
14        (3) Ensuring the proper handling, recycling, and
15    end-of-life management of used portable and medium-format
16    batteries prevents the release of toxic materials into the
17    environment and removes materials from the waste stream
18    that, if mishandled, may present safety concerns to
19    workers, such as by igniting fires at solid waste handling
20    facilities. For this reason, batteries should not be
21    placed into commingled recycling containers or disposed of
22    by traditional garbage collection containers.
23        (4) Jurisdictions around the world have successfully

 

 

SB3686 Engrossed- 2 -LRB103 37456 JAG 67578 b

1    implemented battery stewardship laws that have helped
2    address the challenges posed by the end-of-life management
3    of portable and medium-format batteries. Since it is
4    difficult for customers to differentiate between types and
5    chemistries of batteries, it is the best practice for
6    battery stewardship programs to collect all battery types
7    and chemistries.
 
8    Section 10. Definitions. As used in this Act, unless the
9context clearly requires otherwise:
10    "Agency" means the Illinois Environmental Protection
11Agency.
12    "Battery-containing product" means a product sold, offered
13for sale, or distributed in or into this State that contains or
14is packaged with rechargeable or primary batteries that are
15covered batteries. "Battery-containing product" does not
16include a covered electronic device subject to the
17requirements of the Consumer Electronics Recycling Act.
18    "Battery stewardship organization" means a producer that
19directly implements a battery stewardship plan required under
20this Act or a nonprofit organization designated by a producer
21or group of producers to implement a battery stewardship plan
22required under this Act.
23    "Collection rate" means a percentage, by weight, that a
24battery stewardship organization collects that is calculated
25by dividing the total weight of primary and rechargeable

 

 

SB3686 Engrossed- 3 -LRB103 37456 JAG 67578 b

1batteries collected by the battery stewardship organization
2during the previous calendar year by the average annual weight
3of primary and rechargeable batteries that were estimated by
4the battery stewardship organization to have been sold in the
5State during the previous 3 calendar years by all producers
6participating in an approved battery stewardship plan.
7    "Covered battery" means a portable battery or a
8medium-format battery.
9    "Covered battery" does not include:
10        (1) a battery contained within a medical device, as
11    specified in 21 U.S.C. 321(h) as it existed as of the
12    effective date of this Act, that is not designed and
13    marketed for sale or resale principally to consumers for
14    personal use;
15        (2) a battery that contains an electrolyte as a free
16    liquid;
17        (3) a lead-acid battery weighing greater than 11
18    pounds;
19        (4) a battery subject to the provisions of Section
20    22.23 of the Environmental Protection Act; and
21        (5) a battery in a battery-containing product that is
22    not intended or designed to be easily removable from the
23    battery-containing product.
24    "Easily removable" means designed by the manufacturer to
25be removable by the user of the product with no more than
26commonly used household tools.

 

 

SB3686 Engrossed- 4 -LRB103 37456 JAG 67578 b

1    "Medium-format battery" means the following primary or
2rechargeable covered batteries:
3        (1) for rechargeable batteries, a battery weighing
4    more than 11 pounds or having a rating of more than 300
5    watt-hours, or both, and no more than 25 pounds and having
6    a rating of no more than 2,000 watt-hours;
7        (2) for primary batteries, a battery weighing at least
8    4.4 pounds but not more than 25 pounds.
9    "Portable battery" means the following primary or
10rechargeable covered batteries:
11        (1) for rechargeable batteries, a battery weighing no
12    more than 11 pounds and having a rating of no more than 300
13    watt-hours;
14        (2) for primary batteries, a battery weighing no more
15    than 4.4 pounds.
16    "Primary battery" means a battery that is not capable of
17being recharged.
18    "Producer" means the following:
19        (1) For covered batteries sold, offered for sale, or
20    distributed in or into this State:
21            (A) If the battery is sold, offered for sale, or
22        distributed in or into this State under the brand of
23        the battery manufacturer, the producer is the person
24        that manufactures the battery.
25            (B) If the battery is sold, offered for sale, or
26        distributed in or into this State under a retail brand

 

 

SB3686 Engrossed- 5 -LRB103 37456 JAG 67578 b

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

 

 

SB3686 Engrossed- 6 -LRB103 37456 JAG 67578 b

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

 

 

SB3686 Engrossed- 7 -LRB103 37456 JAG 67578 b

1        contained in or supplied with the battery-containing
2        product are supplied by a producer that has joined a
3        registered battery stewardship organization as the
4        producer for that covered battery under this Act. Such
5        a producer of covered batteries that are included in a
6        battery-containing product must provide written
7        certification of that membership to both the producer
8        of the battery-containing product containing one or
9        more covered batteries and the battery stewardship
10        organization of which the battery producer is a
11        member.
12        (3) A person is the producer of a covered battery or
13    battery-containing product containing one or more covered
14    batteries sold, offered for sale, or distributed in or
15    into this State, as defined in this Section, except if
16    another party has contractually accepted responsibility as
17    a responsible producer and has joined a registered battery
18    stewardship organization as the producer for that covered
19    battery or battery-containing product containing one or
20    more covered batteries under this Act.
21    "Program" means a program implemented by a battery
22stewardship organization consistent with an approved battery
23stewardship plan.
24    "Rechargeable battery" means a battery that contains one
25or more voltaic or galvanic cells, electrically connected to
26produce electric energy, designed to be recharged.

 

 

SB3686 Engrossed- 8 -LRB103 37456 JAG 67578 b

1    "Recycling" means recycling, reclamation, or reuse as
2defined in Section 3.380 of the Environmental Protection Act.
3For purposes of this Act, "recycling" does not include:
4        (1) combustion;
5        (2) incineration;
6        (3) energy generation;
7        (4) fuel production; or
8        (5) beneficial reuse in the construction and operation
9    of a solid waste landfill, including use of alternative
10    daily cover.
11    "Recycling efficiency rate" means the ratio of the weight
12of components and materials recycled by a program operator
13from covered batteries to the weight of covered batteries as
14collected by the program operator.
15    "Retailer" means a person who sells covered batteries or
16battery-containing products containing one or more covered
17batteries in or into this State or offers or otherwise makes
18available covered batteries or battery-containing products
19containing one or more covered batteries to a customer,
20including other businesses, in this State.
 
21    Section 15. Requirement that producers implement a
22stewardship plan.
23    (a) Beginning January 1, 2026, a producer selling, making
24available for sale, or distributing covered batteries or
25battery-containing products containing one or more covered

 

 

SB3686 Engrossed- 9 -LRB103 37456 JAG 67578 b

1batteries in or into the State of Illinois shall participate
2in an approved Illinois State battery stewardship plan through
3participation in and funding of a battery stewardship
4organization.
5    (b) Beginning January 1, 2026, no person shall sell
6covered batteries or battery-containing products covered by
7this Act in or into the State who does not participate in a
8battery stewardship organization and battery stewardship plan.
 
9    Section 20. Role of retailers.
10    (a) Beginning July 1, 2026, a retailer may not sell, offer
11for sale, distribute, or otherwise make available for sale a
12covered battery or battery-containing product containing one
13or more covered batteries unless the producer of the covered
14battery or battery-containing product is identified as a
15participant in a battery stewardship organization whose plan
16has been approved by the Agency.
17    (b) A retailer is not in violation of the requirements of
18subsection (a) of this Section if the website made available
19by the Agency under Section 55 lists, as of the date a product
20is made available for retail sale, the producer or brand of
21covered battery or battery-containing product containing one
22or more covered batteries sold by the retailer as a
23participant in an approved plan or the implementer of an
24approved plan.
25    (c) Retailers of covered batteries or battery-containing

 

 

SB3686 Engrossed- 10 -LRB103 37456 JAG 67578 b

1products containing one or more covered batteries are not
2required to make retail locations available to serve as
3collection sites for a stewardship program operated by a
4battery stewardship organization. Retailers that serve as a
5collection site must comply with the requirements for
6collection sites, consistent with Section 40.
7    (d) A retailer may not sell, offer for sale, distribute,
8or otherwise make available for sale covered batteries, unless
9those batteries are marked consistently with the requirements
10of Section 65. A producer of a product containing a covered
11battery must certify to the retailers of its product that the
12battery contained in the battery-containing product is marked
13consistently with the requirements of Section 65.
14    (e) A retailer selling or offering covered batteries or
15battery-containing products containing one or more covered
16batteries for sale in the State may provide information,
17provided to the retailer by the battery stewardship
18organization, regarding available end-of-life management
19options for covered batteries collected by the battery
20stewardship organization. The information that a battery
21stewardship organization must make available to retailers for
22voluntary use by retailers must include, but is not limited
23to, in-store signage, written materials, and other promotional
24materials that retailers may use to inform customers of the
25available end-of-life management options for covered batteries
26collected by the battery stewardship organization.

 

 

SB3686 Engrossed- 11 -LRB103 37456 JAG 67578 b

1    (f) Retailers, producers, or battery stewardship
2organizations shall not charge a specific point-of-sale fee to
3consumers to cover the administrative or operational costs of
4the battery stewardship organization or the battery
5stewardship program.
 
6    Section 25. Stewardship plan components.
7    (a) By July 1, 2025, each battery stewardship organization
8must submit to the Agency for approval a plan for covered
9batteries. The Agency shall review and approve a plan based on
10whether it:
11        (1) lists and provides contact information for each
12    producer, battery brand, and battery-containing product
13    brand covered in the plan, including identifying producers
14    who have contractually accepted responsibility as a
15    producer in accordance with paragraph (3) of the
16    definition of producer in this Act;
17        (2) proposes performance goals, consistent with
18    Section 30, including establishing performance goals for
19    each of the next 3 upcoming calendar years of program
20    implementation;
21        (3) describes how the battery stewardship organization
22    will make retailers aware of their obligation to sell only
23    covered batteries and battery-containing products
24    containing one or more covered batteries of producers
25    participating in an approved plan;

 

 

SB3686 Engrossed- 12 -LRB103 37456 JAG 67578 b

1        (4) describes the education and communications
2    strategy being implemented to promote participation in the
3    approved covered battery stewardship program and provide
4    the information necessary for effective participation of
5    consumers, retailers, and others;
6        (5) describes how the battery stewardship organization
7    will make available to collection sites, for voluntary
8    use, signage, written materials, and other promotional
9    materials that collection sites may use to inform
10    consumers of the available end-of-life management options
11    for covered batteries collected by the battery stewardship
12    organization;
13        (6) lists promotional activities to be undertaken, and
14    the identification of consumer awareness goals and
15    strategies that the program will employ to achieve these
16    goals after the program begins to be implemented;
17        (7) includes collection site safety training
18    procedures related to covered battery collection
19    activities at collection sites, including a description of
20    operating protocols to reduce risks of spills or fires,
21    response protocols in the event of a spill or fire, and
22    protocols for safe management of damaged batteries that
23    are returned to collection sites;
24        (8) describes the method to establish and administer a
25    means for fully funding the program in a manner that
26    equitably distributes the program's costs among the

 

 

SB3686 Engrossed- 13 -LRB103 37456 JAG 67578 b

1    producers that are part of the battery stewardship
2    organization. For producers that choose to meet the
3    requirements of this Act individually, without joining a
4    battery stewardship organization, the plan must describe
5    the proposed method to establish and administer a means
6    for fully funding the program;
7        (9) describes the financing methods used to implement
8    the plan, consistent with Section 35;
9        (10) describes how the program will collect all
10    covered battery chemistries and brands on a free,
11    continuous, convenient, visible, and accessible basis, and
12    consistent with the requirements of Section 40, including
13    a description of how the statewide convenience standard
14    will be met and a list of collection sites, including the
15    address of collection sites;
16        (11) provides explanation for any delay anticipated by
17    the battery stewardship organization for the
18    implementation of the management of medium-format
19    batteries such that implementation will begin later than
20    January 1, 2026, including a delay in the ability to
21    collect, package, transport, or process medium-format
22    batteries in accordance with the requirements of this Act,
23    and establishes an expected date of compliance for
24    management of medium-format batteries that is not later
25    than January 1, 2028 if a delay occurs;
26        (l2) describes the criteria to be used in the program

 

 

SB3686 Engrossed- 14 -LRB103 37456 JAG 67578 b

1    to determine whether an entity may serve as a collection
2    site for covered batteries under the program;
3        (13) establishes collection rate goals for each of the
4    first 3 years of implementation of the battery stewardship
5    plan that are based on the estimated total weight of
6    primary and rechargeable covered batteries that have been
7    sold in the State in the previous 3 calendar years by the
8    producers participating in the battery stewardship plan;
9        (14) identifies proposed service providers, such as
10    sorters, transporters, and processors, to be used by the
11    program for the final disposition of batteries and
12    proposed provisions for recordkeeping, tracking, and
13    documenting the fate of collected covered batteries;
14        (15) details how the program will achieve a recycling
15    efficiency rate, calculated in accordance with Section 50,
16    of at least 60% for rechargeable batteries and at least
17    70% for primary batteries; and
18        (16) proposes goals for increasing public awareness of
19    the program and describes how the public education and
20    outreach components of the program under Section 45 will
21    be implemented.
22    (b) A battery stewardship organization must submit a new
23plan to the Agency for approval no less than every 5 years. If
24the performance goals under Section 30 of this Act and as
25approved in the plan have not been met, the new plan shall
26include corrective measures to be implemented by the battery

 

 

SB3686 Engrossed- 15 -LRB103 37456 JAG 67578 b

1stewardship organization to meet the performance goals, which
2may include improvements to the collection site network or
3increased expenditures dedicated to education and outreach.
4    (c) A battery stewardship organization must provide plan
5amendments to the Agency for approval when proposing changes
6to the performance goals under Section 30 based on the
7up-to-date experience of the program or when there is a change
8to the method of financing plan implementation under Section
935. This does not include changes to the fees or fee structure
10established in the plan.
11    (d) The Agency shall review stewardship plans and
12stewardship plan amendments for compliance with this Act and
13shall approve, disapprove, or conditionally approve the plans
14or plan amendments in writing within 120 days of their
15receipt. If the Agency disapproves a stewardship plan or plan
16amendment submitted by a battery stewardship organization, the
17Agency shall explain how the stewardship plan or plan
18amendment does not comply with this Act. The battery
19stewardship organization shall resubmit to the Agency a
20revised stewardship plan or plan amendment or notice of plan
21withdrawal within 60 days of the date the written notice of
22disapproval is issued, and the Agency shall review the revised
23stewardship plan or plan amendment within 90 days of
24resubmittal. If a revised stewardship plan is disapproved by
25the Agency, a producer operating under the stewardship plan
26shall not be in compliance with this Act until the Agency

 

 

SB3686 Engrossed- 16 -LRB103 37456 JAG 67578 b

1approves a stewardship plan submitted by a battery stewardship
2organization that covers the producer's products.
3    (e) When a stewardship plan or an amendment to an approved
4plan is submitted under this Section, the Agency shall make
5the proposed plan or amendment available for public review and
6comment for at least 30 days.
7    (f) A battery stewardship organization must provide
8written notification to the Agency within 30 days of a
9producer beginning or ceasing to participate in a battery
10stewardship organization or of adding or removing a processor
11or transporter.
 
12    Section 30. Performance goals.
13    (a) Each battery stewardship plan must include performance
14goals that measure, on an annual basis, the achievements of
15the program, including:
16        (1) the collection rate for batteries in Illinois;
17        (2) the recycling efficiency rate of the program; and
18        (3) public awareness of the program.
19    (b) The performance goals established in each battery
20stewardship plan must include, but are not limited to:
21        (1) target collection rates for primary batteries and
22    for rechargeable batteries;
23        (2) target recycling efficiency rates of at least 60%
24    for rechargeable batteries and at least 70% for primary
25    batteries; and

 

 

SB3686 Engrossed- 17 -LRB103 37456 JAG 67578 b

1        (3) goals for public awareness, convenience, and
2    accessibility that meet or exceed the minimum requirements
3    established in Section 40.
 
4    Section 35. Funding.
5    (a) A battery stewardship organization implementing a
6battery stewardship plan on behalf of producers must develop
7and administer a system to collect charges from participating
8producers to cover the costs of plan implementation,
9including:
10        (1) battery collection, transporting, and processing;
11        (2) education and outreach;
12        (3) program evaluation; and
13        (4) payment of the administrative fees to the Agency
14    under Section 55.
15    (b) Each battery stewardship organization is responsible
16for all costs of participating covered battery collection,
17transportation, processing, education, administration, agency
18reimbursement, recycling, and end-of-life management in
19accordance with the requirements of this Act.
20    (c) Each battery stewardship organization must meet the
21collection goals established in the approved stewardship plan
22as specified in Section 25.
23    (d) A battery stewardship organization shall not reduce or
24cease collection, education and outreach, or other activities
25implemented under an approved plan based on achievement of

 

 

SB3686 Engrossed- 18 -LRB103 37456 JAG 67578 b

1program performance goals.
2    (e) A battery stewardship organization must reimburse
3local governments for demonstrable costs incurred as a result
4of a local government facility or solid waste handling
5facility serving as a collection site for a program including,
6but not limited to, associated labor costs and other costs
7associated with accessibility and collection site standards
8such as storage.
9    (f) A battery stewardship organization shall at a minimum
10provide collection sites with appropriate containers for
11covered batteries subject to its program, training, signage,
12safety guidance, and educational materials, at no cost to the
13collection sites.
 
14    Section 40. Collection and management requirements.
15    (a) Battery stewardship organizations implementing a
16battery stewardship plan must provide for the collection of
17all covered batteries, including all chemistries and brands of
18covered batteries, on a free, continuous, convenient, visible,
19and accessible basis to any person, business, governmental
20agency, or nonprofit organization. Except as provided in
21paragraphs (2) and (3) of subsection (b) of this Section, each
22battery stewardship plan must arrange for the collection of
23each chemistry and brand of covered battery from any person,
24business, governmental agency, or nonprofit organization at
25each collection site that counts toward satisfaction of the

 

 

SB3686 Engrossed- 19 -LRB103 37456 JAG 67578 b

1collection site criteria in subsection (c) of this Section.
2    (b)(1) For each collection site used by the program, each
3battery stewardship organization must provide suitable
4collection containers for covered batteries that are
5segregated from other solid waste or make mutually agreeable
6alternative arrangements for the collection of batteries at
7the site. The location of collection containers at each
8collection site used by the program must be within view of a
9responsible person and must be accompanied by signage that is
10made available to the collection site by the battery
11stewardship organization and informs customers regarding the
12end-of-life management options for batteries provided by the
13collection site under this Act. Each collection site must meet
14applicable federal, State, and local regulatory requirements.
15    (2) Medium-format batteries may be collected only at
16household hazardous waste collection sites or other staffed
17collection sites that meet applicable federal, State, and
18local regulatory requirements to manage medium-format
19batteries.
20    (3)(A) Damaged and defective batteries are intended to be
21collected at collection sites staffed by persons trained to
22handle and ship those batteries.
23    (B) Each battery stewardship organization must provide for
24the collection, with qualified staff as specified in
25subparagraph (A), of damaged and defective batteries at each
26permanent household hazardous waste facility and at each

 

 

SB3686 Engrossed- 20 -LRB103 37456 JAG 67578 b

1household hazardous waste collection event scheduled by the
2Agency.
3    (C) As used in this subsection, "damaged and defective
4batteries" means batteries that have been damaged or
5identified by the manufacturer as being defective for safety
6reasons and that have the potential of producing a dangerous
7evolution of heat, fire, or short circuit, as referred to in 49
8CFR 173.185(f) as of January 1, 2023, or as updated by the
9Illinois Pollution Control Board by rule to maintain
10consistency with federal standards.
11    (c)(1) Each battery stewardship organization implementing
12a battery stewardship plan shall ensure statewide collection
13opportunities for all covered batteries. Battery stewardship
14organizations shall coordinate activities with other program
15operators, including covered battery collection and recycling
16programs and electronic waste recyclers, with regard to the
17proper management or recycling of collected covered batteries,
18for purposes of providing the efficient delivery of services
19and avoiding unnecessary duplication of effort and expense.
20Statewide collection opportunities must be determined by
21geographic information modeling that considers permanent
22collection sites. A program may rely, in part, on collection
23events to supplement the permanent collection services
24required in paragraphs (2) and (3) of this subsection.
25However, only permanent collection services specified in
26paragraphs (2) and (3) of this subsection qualify toward the

 

 

SB3686 Engrossed- 21 -LRB103 37456 JAG 67578 b

1satisfaction of the requirements of this subsection.
2    (2) For portable batteries, each battery stewardship
3organization must provide statewide collection opportunities
4that include:
5        (A) at least one permanent collection site for
6    portable batteries within a 15-mile radius for at least
7    95% of State residents; and
8        (B) at least one permanent collection site, collection
9    service, or collection event for portable batteries in
10    addition to those required in subparagraph (A) for every
11    30,000 residents of a county.
12    (3) For medium-format batteries, a battery stewardship
13organization must provide statewide collection opportunities
14that include:
15        (A) at least 10 permanent collection sites in
16    Illinois;
17        (B) reasonable geographic dispersion of collection
18    sites throughout the State;
19        (C) a permanent collection site in each county of at
20    least 200,000 persons, as determined by the most recent
21    federal decennial census; and
22        (D) service to areas without a permanent collection
23    site. A battery stewardship organization must ensure that
24    there is a collection event at least once every 3 years in
25    each county of the State which does not have a permanent
26    collection site. Such collection events must provide for

 

 

SB3686 Engrossed- 22 -LRB103 37456 JAG 67578 b

1    the collection of all medium-format batteries, including
2    damaged and defective batteries.
3    (d) A battery stewardship organization shall ensure the
4minimum number of collection sites specified in subsection (c)
5of this Section are established by no later than December 31,
62026 for portable batteries and by no later than December 31,
72028 for medium-format batteries.
8    (e)(1) Battery stewardship programs must use existing
9public and private waste collection services and facilities,
10including battery collection sites that are established
11through other battery collection services, transporters,
12consolidators, processors, and retailers, if cost-effective,
13mutually agreeable, and otherwise practicable.
14    (2) Battery stewardship programs must use as a collection
15site for covered batteries any retailer, wholesaler,
16municipality, solid waste management facility, household
17hazardous waste facility, or other entity that meets the
18criteria for collection sites in the approved plan up to the
19minimum number of sites required for compliance with
20subsection (c) of this Section, upon the submission of a
21request by the entity to the battery stewardship organization
22to serve as a collection site. Battery stewardship programs
23may use additional collection sites in excess of the minimum
24required in subsection (c) of this Section as may be agreed
25between the battery stewardship organization and the
26collection site.

 

 

SB3686 Engrossed- 23 -LRB103 37456 JAG 67578 b

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

 

 

SB3686 Engrossed- 24 -LRB103 37456 JAG 67578 b

1collection of loose batteries.
2    (4) Stewardship programs are not required to provide for
3the collection of batteries still contained in covered
4electronic devices that are subject to the requirements of the
5Consumer Electronics Recycling Act.
 
6    Section 45. Education and outreach requirements.
7    (a) Each battery stewardship organization must carry out
8promotional activities in support of plan implementation
9including, but not limited to:
10        (1) the development and maintenance of a website;
11        (2) the development and distribution of periodic press
12    releases and articles;
13        (3) the development and placement of advertisements
14    for use on social media or other relevant media platforms;
15        (4) the development of promotional materials about the
16    program and the restriction on the disposal of covered
17    batteries in Section 70 to be used by persons, including,
18    but not limited to, retailers, government agencies, waste
19    and recycling collectors, and nonprofit organizations;
20        (5) the development and distribution of collection
21    site safety training procedures that are in compliance
22    with State law to collection sites to help ensure proper
23    management of covered batteries at collection sites; and
24        (6) the development and implementation of outreach and
25    educational resources that are conceptually,

 

 

SB3686 Engrossed- 25 -LRB103 37456 JAG 67578 b

1    linguistically, and culturally accurate for the
2    communities served and reach the State's diverse ethnic
3    populations, including through meaningful consultation
4    with communities that bear disproportionately higher
5    levels of adverse environmental and social justice
6    impacts.
7    (b) Each battery stewardship organization must provide:
8        (1) consumer-focused educational promotional
9    materials to each collection site used by the program and
10    accessible by customers of retailers that sell covered
11    batteries or battery-containing products containing one or
12    more covered batteries; and
13        (2) safety information related to covered battery
14    collection activities to the operator of each collection
15    site, including appropriate protocols to reduce risks of
16    spills or fires, response protocols in the event of a
17    spill or fire, and response protocols in the event of
18    detection of a damaged or defective battery.
19    (c)(1) Each battery stewardship organization must provide
20educational materials to the operator of each collection site
21for the management of recalled batteries, which are not
22intended to be part of collection as provided under this Act,
23to help facilitate transportation and processing of recalled
24batteries.
25    (2) A battery stewardship organization may seek
26reimbursement from the producer of the recalled battery for

 

 

SB3686 Engrossed- 26 -LRB103 37456 JAG 67578 b

1expenses incurred in the collection, transportation, or
2processing of those batteries.
3    (d) Upon request by a retailer or other potential
4collector, the battery stewardship organization must provide
5the retailer or other potential collector educational
6materials describing collection opportunities for batteries.
7    (e) If multiple battery stewardship organizations are
8implementing plans approved by the Agency, the battery
9stewardship organizations must coordinate in carrying out
10their education and outreach responsibilities under this
11Section and must include in their annual reports to the Agency
12under Section 50 a summary of their coordinated education and
13outreach efforts.
14    (f) During the first year of program implementation and
15every 5 years thereafter, each battery stewardship
16organization must carry out a survey of public awareness
17regarding the requirements of the program established under
18this Act, including the provisions of Section 70. Each battery
19stewardship organization must share the results of the public
20awareness surveys with the Agency.
 
21    Section 50. Reporting requirements.
22    (a) By June 1, 2027, and each June 1st thereafter, each
23battery stewardship organization must submit an annual report
24to the Agency covering the preceding calendar year of battery
25stewardship plan implementation. The report must include the

 

 

SB3686 Engrossed- 27 -LRB103 37456 JAG 67578 b

1following:
2        (1) The report must include an independent financial
3    assessment of a program implemented by the battery
4    stewardship organization, including a breakdown of the
5    program's expenses, such as collection expenses, recycling
6    expenses, education expenses, and overhead expenses.
7        (2) The report must include a summary financial
8    statement documenting the financing of a battery
9    stewardship organization's program and an analysis of
10    program costs and expenditures, including an analysis of
11    the program's expenses, such as collection,
12    transportation, recycling, education, and administrative
13    overhead. The summary financial statement must be
14    sufficiently detailed to provide transparency that funds
15    collected from producers as a result of their activities
16    in Illinois are spent on program implementation in
17    Illinois. Battery stewardship organizations implementing
18    similar battery stewardship programs in multiple states
19    may submit a financial statement including all covered
20    states, as long as the statement breaks out financial
21    information pertinent to Illinois.
22        (3) The report must include the weight, by chemistry,
23    of covered batteries collected under the program.
24        (4) The report must include the weight of materials
25    recycled from covered batteries collected under the
26    program, in total, and by method of battery recycling.

 

 

SB3686 Engrossed- 28 -LRB103 37456 JAG 67578 b

1        (5) The report must include a calculation of the
2    recycling efficiency rates, as measured consistent with
3    subsection (b) of this Section.
4        (6) The report must include a list of all facilities
5    used in the processing or disposition of batteries,
6    including identification of the facilities' location and
7    whether the facility is located domestically, in an
8    organization for economic cooperation and development
9    country, or in a country that meets organization for
10    economic cooperation and development operating standards,
11    and for domestic facilities provide a summary of any
12    violations of environmental laws and regulations over the
13    previous 3 years at each facility.
14        (7) The report must include, for each facility used
15    for the final disposition of batteries, a description of
16    how the facility recycled or otherwise managed batteries
17    and battery components.
18        (8) The report must include the weight and chemistry
19    of batteries sent to each facility used for the final
20    disposition of batteries. The information in this
21    subdivision (a)(8) may be approximated for program
22    operations in Illinois based on extrapolations of national
23    or regional data for programs in operation in multiple
24    states.
25        (9) The report must include the collection rate
26    achieved under the program, including a description of how

 

 

SB3686 Engrossed- 29 -LRB103 37456 JAG 67578 b

1    this collection rate was calculated and how it compares to
2    the collection rate goals under Section 30.
3        (10) The report must include the estimated aggregate
4    sales, by weight and chemistry, of batteries and batteries
5    contained in or with battery-containing products sold in
6    Illinois by participating producers for each of the
7    previous 3 calendar years.
8        (11) The report must include a description of the
9    manner in which the collected batteries were managed and
10    recycled, including a discussion of best available
11    technologies and the recycling efficiency rate.
12        (12) The report must include a description of
13    education and outreach efforts supporting plan
14    implementation including, but not limited to, a summary of
15    education and outreach provided to consumers, collection
16    sites, manufacturers, distributors, and retailers by the
17    program operator for the purpose of promoting the
18    collection and recycling of covered batteries, a
19    description of how that education and outreach met the
20    requirements of Section 45, samples of education and
21    outreach materials, a summary of coordinated education and
22    outreach efforts with any other battery stewardship
23    organizations implementing a plan approved by the Agency,
24    and a summary of any changes made during the previous
25    calendar year to education and outreach activities.
26        (13) The report must include a list of all collection

 

 

SB3686 Engrossed- 30 -LRB103 37456 JAG 67578 b

1    sites and an address for each listed site, and an
2    up-to-date map indicating the location of all collection
3    sites used to implement the program, with links to
4    appropriate websites where there are existing websites
5    associated with a site.
6        (14) The report must include a description of methods
7    used to collect, transport, and recycle covered batteries
8    by the battery stewardship organization.
9        (15) The report must include a summary of progress
10    made toward the program performance goals established
11    under Section 30, and an explanation of why performance
12    goals were not met, if applicable.
13        (16) The report must include an evaluation of the
14    effectiveness of education and outreach activities.
15    (b) The weight of batteries or recovered resources from
16those batteries must only be counted once and may not be
17counted by more than one battery stewardship organization.
18    (c) If a battery stewardship organization has disposed of
19covered batteries through energy recovery, incineration, or
20landfilling during the preceding calendar year of program
21implementation, the annual report must specify the steps that
22the battery stewardship organization will take to make the
23recycling of covered batteries cost-effective, where possible,
24or to otherwise increase battery recycling rates achieved by
25the battery stewardship organization.
26    (d) Proprietary information submitted to the Agency under

 

 

SB3686 Engrossed- 31 -LRB103 37456 JAG 67578 b

1this Act is exempted from disclosure as provided under
2paragraphs (g) and (mm) of subsection (1) of Section 7 of the
3Freedom of Information Act.
 
4    Section 55. Fee and Agency role.
5    (a) By July 1, 2025, and by July 1 of each year thereafter,
6each battery stewardship organization shall pay to the Agency
7an annual fee of $100,000. The fee shall cover the Agency's
8full costs of implementing, administering, and enforcing this
9Act. The annual fee shall be deposited into the Solid Waste
10Management Fund to be used for costs associated with the
11administration of this Act.
12    (b) The responsibilities of the Agency in implementing,
13administering, and enforcing this Act include:
14        (1) reviewing submitted stewardship plans and plan
15    amendments and making determinations as to whether to
16    approve the plan or plan amendment;
17        (2) reviewing annual reports submitted under Section
18    50 within 90 days after submission to ensure compliance
19    with that Section;
20        (3) maintaining a website that lists producers and
21    their brands that are participating in an approved plan,
22    and that makes available to the public each plan, plan
23    amendment, and annual report received by the Agency under
24    this Act; and
25        (4) providing technical assistance to producers and

 

 

SB3686 Engrossed- 32 -LRB103 37456 JAG 67578 b

1    retailers related to the requirements of this Act.
 
2    Section 60. Penalties and civil actions.
3    (a) Any person who violates any provision of this Act is
4liable for a civil penalty of $7,000 per violation, except
5that the failure to pay a fee under this Act shall cause the
6person who fails to pay the fee to be liable for a civil
7penalty that is double the applicable fee.
8    (b) The penalties provided for in this Section may be
9recovered in a civil action brought in the name of the People
10of the State of Illinois by the State's Attorney of the county
11in which the violation occurred or by the Attorney General.
12Any penalties collected under this Section in an action in
13which the Attorney General has prevailed shall be deposited
14into the Environmental Protection Trust Fund, to be used in
15accordance with the provisions of the Environmental Protection
16Trust Fund Act.
17    (c) The Attorney General or the State's Attorney of a
18county in which a violation occurs may institute a civil
19action for an injunction, prohibitory or mandatory, to
20restrain violations of this Act or to require such actions as
21may be necessary to address violations of this Act.
22    (d) The penalties and injunctions provided in this Act are
23in addition to any penalties, injunctions, or other relief
24provided under any other State law. Nothing in this Act bars a
25cause of action by the State for any other penalty,

 

 

SB3686 Engrossed- 33 -LRB103 37456 JAG 67578 b

1injunction, or other relief provided by any other law.
2    (e) Any person who knowingly makes a false, fictitious, or
3fraudulent material statement, orally or in writing, to the
4Agency, related to or required by this Act or any rule adopted
5under this Act commits a Class 4 felony, and each such
6statement or writing shall be considered a separate Class 4
7felony. A person who, after being convicted under this
8subsection, violates this subsection a second or subsequent
9time commits a Class 3 felony.
10    (f) No penalty may be assessed under this Act on an
11individual or resident for the improper disposal of covered
12batteries as described in Section 70 in a noncommercial or
13residential setting.
 
14    Section 65. Marking requirements for batteries.
15    (a) Except as otherwise provided in rules adopted by
16Illinois Pollution Control Board under subsection (b), a
17producer or retailer may sell, offer for sale, or distribute
18in or into Illinois a covered battery or battery-containing
19product containing one or more covered batteries only if the
20battery is:
21        (1) beginning January 1, 2027, marked with an
22    identification of the producer of the battery, unless the
23    battery is less than one-half inch in diameter or does not
24    contain a surface whose length exceeds one-half inch; and
25        (2) beginning January 1, 2029, marked with proper

 

 

SB3686 Engrossed- 34 -LRB103 37456 JAG 67578 b

1    labeling to ensure proper collection and recycling, by
2    identifying the chemistry of the battery and including an
3    indication that the battery should not be disposed of as
4    household waste.
5    (b) The Illinois Pollution Control Board may adopt rules
6establishing marking requirements for batteries as needed to
7maintain consistency with the labeling requirements or
8voluntary standards for batteries established in federal law.
 
9    Section 70. General battery disposal and collection
10requirements.
11    (a) On and after January 1, 2028, all persons must manage
12unwanted covered batteries through one of the following
13options:
14        (1) delivery to a collection site, event, or program
15    established by or included in the programs created by this
16    Act; or
17        (2) for covered batteries that are hazardous waste as
18    defined under federal or State hazardous or solid waste
19    laws, management in a manner consistent with the
20    requirements of those laws.
21    (b) On and after January 1, 2028:
22        (1) A fee may not be charged at the time covered
23    batteries are delivered or collected for management.
24        (2) All covered batteries may be collected,
25    transported, and processed only in accordance with this

 

 

SB3686 Engrossed- 35 -LRB103 37456 JAG 67578 b

1    Act, unless the batteries are regulated as hazardous waste
2    as described in paragraph (2) of subsection (a) of this
3    Section.
4        (3) No person may knowingly cause or allow the mixing
5    of a covered battery with recyclable materials that are
6    intended for processing and sorting at a material recovery
7    facility.
8        (4) No person may knowingly cause or allow the mixing
9    of a covered battery with municipal waste that is intended
10    for disposal at a sanitary landfill.
11        (5) No person may knowingly cause or allow the
12    disposal of a covered battery in a sanitary landfill.
13        (6) No person may knowingly cause or allow the mixing
14    of a covered battery with waste that is intended for
15    burning or incineration.
16        (7) No person may knowingly cause or allow the burning
17    or incineration of a covered battery.
18        (8) An owner or operator of a solid waste facility may
19    not be found in violation of this Section if the facility
20    has posted in a conspicuous location a sign stating that
21    covered batteries must be managed through collection sites
22    established by a battery stewardship organization and are
23    not accepted for disposal.
24        (9) A solid waste collector may not be found in
25    violation of this Section for a covered battery placed in
26    a disposal container by a third party.
 

 

 

SB3686 Engrossed- 36 -LRB103 37456 JAG 67578 b

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

 

 

SB3686 Engrossed- 37 -LRB103 37456 JAG 67578 b

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

 

 

SB3686 Engrossed- 38 -LRB103 37456 JAG 67578 b

1    recycled or otherwise managed under this Act.
 
2    Section 85. Collection of batteries independent of a
3battery stewardship program. Nothing in this Act shall prevent
4or prohibit a person from offering or performing a fee-based,
5household collection, or a mail back program for end-of-life
6portable batteries or medium-format batteries independently of
7a battery stewardship program, provided that such person meets
8the following requirements:
9        (1) such person's services must be performed, and such
10    person's facilities must be operated in compliance with
11    all applicable federal, State, and local laws and
12    requirements, including, but not limited to, all
13    applicable U.S. Department of Transportation regulations,
14    and all applicable provisions of the Environmental
15    Protection Act;
16        (2) such person must make available all batteries
17    collected by such person from its Illinois customers to
18    the battery stewardship organization; and
19        (3) after consolidation of portable or medium-format
20    batteries at the person's facilities, the transport to and
21    processing of such batteries by the battery stewardship
22    organization's designated sorters or processors shall be
23    at the battery stewardship organization's expense.
 
24    (415 ILCS 5/22.23d rep.)

 

 

SB3686 Engrossed- 39 -LRB103 37456 JAG 67578 b

1    Section 90. The Environmental Protection Act is amended by
2repealing Section 22.23d.
 
3    Section 97. Severability. If any provision of this Act or
4its application to any person or circumstance is held invalid,
5the remainder of the act or the application of the provision to
6other persons or circumstances is not affected.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law, except that Section 90 takes effect on January
91, 2028.