Illinois General Assembly - Full Text of SB1398
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Full Text of SB1398  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/6/2023, by Sen. Sue Rezin


415 ILCS 151/1-83.5 new
430 ILCS 50/2.09 new
430 ILCS 50/3  from Ch. 127, par. 1253
430 ILCS 50/5.11
430 ILCS 50/6  from Ch. 127, par. 1256

    Amends the Consumer Electronics Recycling Act. Provides that, notwithstanding any provision of law to the contrary, a lithium-ion battery may not be disposed of in a mixed recycling waste bin. Requires the Environmental Protection Agency to encourage local authorities to use separate curbside recycling collection bins for the disposal of lithium-ion batteries. Amends the Hazardous Materials Emergency Act. Provides that hazardous materials include lithium-ion batteries for purposes of specified provisions of the Act.

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SB1398LRB103 24874 CPF 51207 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 5. The Consumer Electronics Recycling Act is
5amended by adding Section 1-83.5 as follows:
6    (415 ILCS 151/1-83.5 new)
7    Sec. 1-83.5. Lithium batteries; disposal; local
9    (a) Notwithstanding any provision of law to the contrary,
10a lithium-ion battery may not be disposed of in a mixed
11recycling waste bin.
12    (b) The Agency shall encourage local authorities to use
13separate curbside recycling collection bins for the disposal
14of lithium-ion batteries.
15    (c) In this Section, "lithium-ion battery" has the same
16meaning as defined in Section 2.09 of the Hazardous Materials
17Emergency Act.
18    Section 10. The Hazardous Materials Emergency Act is
19amended by adding Section 2.09 and by changing Sections 3,
205.11, and 6 as follows:
21    (430 ILCS 50/2.09 new)



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1    Sec. 2.09. "Lithium-ion battery" means a type of
2rechargeable battery that contains lithium ions as the primary
3component of its electrolyte and that is most commonly found
4in cell phones, power tools, digital cameras, laptops,
5children's toys, electronic cigarettes, small and large
6appliances, tablets, and e-readers.
7    (430 ILCS 50/3)  (from Ch. 127, par. 1253)
8    Sec. 3. It is the purpose of this Act to require the
9Illinois Department of Transportation to adopt by regulation
10the federal hazardous materials placarding regulations
11promulgated under the Hazardous Materials Transportation Act
12(PL 93-633) for interstate and intrastate transportation of
13hazardous materials as they are applicable in the State of
14Illinois, and to recommend that units of local government
15adopt regulations for hazard signage systems applicable to the
16use, storage, and manufacture of hazardous materials,
17including, but not limited to, lithium-ion batteries, with the
18following exceptions:
19    (a) No hazard signage system or State placarding
20requirements shall apply to the use, storage, or
21transportation of a hazardous material that is located on a
22farm and that is used solely for agricultural purposes. It is
23not the purpose of this Section to exempt the owner of an
24agricultural hazardous material from reporting an accident
25involving the material as required in Sections 7 and 7.01 of



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1this Act, nor is it the purpose of this Section to exempt from
2the placarding requirements the storage, transportation or
3manufacture of a hazardous material that is an agricultural
4material when the material is in the possession of the
5manufacturer, distributor, dealer, retailer or any other
6person who handles the material in larger quantities than
7those designed for consumer use or for any purpose other than
8its intended agricultural usage.
9    (b) (Blank).
10    (c) No placarding requirements or hazard signage
11requirements adopted pursuant to this Act shall apply to
12pipelines or meters involved in the transmission of natural or
13flammable gas by a public utility as defined in the Public
14Utilities Act.
15    (d) This Act does not authorize the Department to require
16any placarding system for transportation of hazardous
17materials that is inconsistent with any placarding system
18required by Federal law or regulation, nor does it authorize
19the Department to require any placarding system or other
20standards for transportation of hazardous materials that is
21more stringent than any placarding system or standard required
22by the federal law or regulations in situations where a
23federal placarding system exists.
24(Source: P.A. 90-449, eff. 8-16-97.)
25    (430 ILCS 50/5.11)



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1    Sec. 5.11. Units of local government; hazard signage
3    (a) A unit of local government may adopt ordinances or
4regulations requiring a hazard signage system applicable to
5equipment, facilities, structures, or locations involved in
6the use, storage, or manufacture of hazardous materials,
7including, but not limited to, lithium-ion batteries. The
8hazard signage system (such as, but not limited to, the
9National Fire Protection Association standard "NFPA 704"
10system as specified in its Standard System for the
11Identification of the Fire Hazards of Materials for Emergency
12Response) shall be consistent with any such signage required
13by federal law or regulation.
14    (b) An ordinance or regulation adopted by a unit of local
15government under this Section requiring a hazard signage
16system may not take effect sooner than 90 days after its
17adoption by the unit of local government.
18    (c) A home rule unit may not regulate hazard signage
19systems in a manner inconsistent with the regulation of those
20systems by the State under this Act or by the federal
21government. This Section is a limitation under subsection (i)
22of Section 6 of Article VII of the Illinois Constitution on the
23concurrent exercise by home rule units of powers and functions
24exercised by the State.
25(Source: P.A. 90-449, eff. 8-16-97.)



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1    (430 ILCS 50/6)  (from Ch. 127, par. 1256)
2    Sec. 6. It is the responsibility of any person who leases,
3operates or controls any facilities, equipment, structures, or
4locations for the use, storage, or manufacture of hazardous
5materials, including, but not limited to, lithium-ion
6batteries, to display on such facility, equipment, structure,
7or location appropriate hazard signage as described and in
8such manner as provided by regulation promulgated pursuant to
9Section 5 of this Act or as provided by ordinance or regulation
10adopted by a unit of local government pursuant to Section
12(Source: P.A. 90-449, eff. 8-16-97.)