Full Text of HB5348 103rd General Assembly
HB5348ham001 103RD GENERAL ASSEMBLY | Rep. Sharon Chung Filed: 3/12/2024 | | 10300HB5348ham001 | | LRB103 39024 BDA 70736 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5348
| 2 | | AMENDMENT NO. ______. Amend House Bill 5348 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Portable 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 | 17 | | context clearly requires otherwise. | 18 | | "Agency" means the Illinois Environmental Protection | 19 | | Agency. | 20 | | "Battery-containing product" means a product sold, offered | 21 | | for sale, or distributed in or into this State that contains or | 22 | | is packaged with rechargeable or primary batteries that are | 23 | | covered batteries. "Battery-containing product" does not | 24 | | include a covered electronic device subject to the | 25 | | requirements of the Consumer Electronics Recycling Act. |
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| 1 | | "Battery stewardship organization" means a producer that | 2 | | directly implements a battery stewardship plan required under | 3 | | this Act or a nonprofit organization designated by a producer | 4 | | or group of producers to implement a battery stewardship plan | 5 | | required under this Act. | 6 | | "Collection rate" means a percentage, by weight, that a | 7 | | battery stewardship organization collects that is calculated | 8 | | by dividing the total weight of primary and rechargeable | 9 | | batteries collected by the battery stewardship organization | 10 | | during the previous calendar year by the average annual weight | 11 | | of primary and rechargeable batteries that were estimated by | 12 | | the battery stewardship organization to have been sold in the | 13 | | State during the previous 3 calendar years by all producers | 14 | | participating in an approved battery stewardship plan. | 15 | | "Covered battery" means a portable battery or a | 16 | | medium-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 | 7 | | be removable by the user of the product with no more than | 8 | | commonly used household tools. | 9 | | "Medium-format battery" means the following primary or | 10 | | rechargeable 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 | 18 | | rechargeable 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 | 25 | | being 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 | 4 | | stewardship organization consistent with an approved battery | 5 | | stewardship plan. | 6 | | "Rechargeable battery" means a battery that contains one | 7 | | or more voltaic or galvanic cells, electrically connected to | 8 | | produce electric energy, designed to be recharged. | 9 | | "Recycling" means recycling, reclamation, or reuse as | 10 | | defined in Section 3.380 of the Environmental Protection Act. | 11 | | For 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 | 20 | | of components and materials recycled by a program operator | 21 | | from covered batteries to the weight of covered batteries as | 22 | | collected by the program operator. | 23 | | "Retailer" means a person who sells covered batteries or | 24 | | battery-containing products containing one or more covered | 25 | | batteries in or into this State or offers or otherwise makes | 26 | | available covered batteries or battery-containing products |
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| 1 | | containing one or more covered batteries to a customer, | 2 | | including other businesses, in this State. | 3 | | Section 15. Requirement that producers implement a | 4 | | stewardship plan. | 5 | | (a) Beginning January 1, 2026, a producer selling, making | 6 | | available for sale, or distributing covered batteries or | 7 | | battery-containing products containing one or more covered | 8 | | batteries in or into the State of Illinois shall participate | 9 | | in an approved Illinois State battery stewardship plan through | 10 | | participation in and funding of a battery stewardship | 11 | | organization. | 12 | | (b) Beginning January 1, 2026, no person shall sell | 13 | | covered batteries or battery-containing products covered by | 14 | | this Act in or into the State who does not participate in a | 15 | | battery stewardship organization and battery stewardship plan. | 16 | | Section 20. Role of retailers. | 17 | | (a) Beginning July 1, 2026, a retailer may not sell, offer | 18 | | for sale, distribute, or otherwise make available for sale a | 19 | | covered battery or battery-containing product containing one | 20 | | or more covered batteries unless the producer of the covered | 21 | | battery or battery-containing product is identified as a | 22 | | participant in a battery stewardship organization whose plan | 23 | | has been approved by the Agency. | 24 | | (b) A retailer is not in violation of the requirements of |
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| 1 | | subsection (a) of this Section if the website made available | 2 | | by the Agency under Section 55 lists, as of the date a product | 3 | | is made available for retail sale, the producer or brand of | 4 | | covered battery or battery-containing product containing one | 5 | | or more covered batteries sold by the retailer as a | 6 | | participant in an approved plan or the implementer of an | 7 | | approved plan. | 8 | | (c) Retailers of covered batteries or battery-containing | 9 | | products containing one or more covered batteries are not | 10 | | required to make retail locations available to serve as | 11 | | collection sites for a stewardship program operated by a | 12 | | battery stewardship organization. Retailers that serve as a | 13 | | collection site must comply with the requirements for | 14 | | collection sites, consistent with Section 40. | 15 | | (d) A retailer may not sell, offer for sale, distribute, | 16 | | or otherwise make available for sale covered batteries, unless | 17 | | those batteries are marked consistently with the requirements | 18 | | of Section 65. A producer of a product containing a covered | 19 | | battery must certify to the retailers of its product that the | 20 | | battery contained in the battery-containing product is marked | 21 | | consistently with the requirements of Section 65. | 22 | | (e) A retailer selling or offering covered batteries or | 23 | | battery-containing products containing one or more covered | 24 | | batteries for sale in the State may provide information, | 25 | | provided to the retailer by the battery stewardship | 26 | | organization, regarding available end-of-life management |
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| 1 | | options for covered batteries collected by the battery | 2 | | stewardship organization. The information that a battery | 3 | | stewardship organization must make available to retailers for | 4 | | voluntary use by retailers must include, but is not limited | 5 | | to, in-store signage, written materials, and other promotional | 6 | | materials that retailers may use to inform customers of the | 7 | | available end-of-life management options for covered batteries | 8 | | collected by the battery stewardship organization. | 9 | | (f) Retailers, producers, or battery stewardship | 10 | | organizations shall not charge a specific point-of-sale fee to | 11 | | consumers to cover the administrative or operational costs of | 12 | | the battery stewardship organization or the battery | 13 | | stewardship program. | 14 | | Section 25. Stewardship plan components. | 15 | | (a) By July 1, 2025, each battery stewardship organization | 16 | | must submit to the Agency for approval a plan for covered | 17 | | batteries. The Agency shall review and approve a plan based on | 18 | | whether 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 | 5 | | plan to the Agency for approval no less than every 5 years. If | 6 | | the performance goals under Section 30 of this Act and as | 7 | | approved in the plan have not been met, the new plan shall | 8 | | include corrective measures to be implemented by the battery | 9 | | stewardship organization to meet the performance goals, which | 10 | | may include improvements to the collection site network or | 11 | | increased expenditures dedicated to education and outreach. | 12 | | (c) A battery stewardship organization must provide plan | 13 | | amendments to the Agency for approval when proposing changes | 14 | | to the performance goals under Section 30 based on the | 15 | | up-to-date experience of the program or when there is a change | 16 | | to the method of financing plan implementation under Section | 17 | | 35. This does not include changes to the fees or fee structure | 18 | | established in the plan. | 19 | | (d) The Agency shall review stewardship plans and | 20 | | stewardship plan amendments for compliance with this Act and | 21 | | shall approve, disapprove, or conditionally approve the plans | 22 | | or plan amendments in writing within 120 days of their | 23 | | receipt. If the Agency disapproves a stewardship plan or plan | 24 | | amendment submitted by a battery stewardship organization, the | 25 | | Agency shall explain how the stewardship plan or plan | 26 | | amendment does not comply with this Act. The battery |
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| 1 | | stewardship organization shall resubmit to the Agency a | 2 | | revised stewardship plan or plan amendment or notice of plan | 3 | | withdrawal within 60 days of the date the written notice of | 4 | | disapproval is issued, and the Agency shall review the revised | 5 | | stewardship plan or plan amendment within 90 days of | 6 | | resubmittal. If a revised stewardship plan is disapproved by | 7 | | the Agency, a producer operating under the stewardship plan | 8 | | shall not be in compliance with this Act until the Agency | 9 | | approves a stewardship plan submitted by a battery stewardship | 10 | | organization that covers the producer's products. | 11 | | (e) When a stewardship plan or an amendment to an approved | 12 | | plan is submitted under this Section, the Agency shall make | 13 | | the proposed plan or amendment available for public review and | 14 | | comment for at least 30 days. | 15 | | (f) A battery stewardship organization must provide | 16 | | written notification to the Agency within 30 days of a | 17 | | producer beginning or ceasing to participate in a battery | 18 | | stewardship organization or of adding or removing a processor | 19 | | or transporter. | 20 | | Section 30. Performance goals. | 21 | | (a) Each battery stewardship plan must include performance | 22 | | goals that measure, on an annual basis, the achievements of | 23 | | the 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 | 3 | | stewardship 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 | 14 | | battery stewardship plan on behalf of producers must develop | 15 | | and administer a system to collect charges from participating | 16 | | producers to cover the costs of plan implementation, | 17 | | including: | 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 | 24 | | for all costs of participating covered battery collection, | 25 | | transportation, processing, education, administration, agency |
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| 1 | | reimbursement, recycling, and end-of-life management in | 2 | | accordance with the requirements of this Act. | 3 | | (d) Each battery stewardship organization must meet the | 4 | | collection goals established in the approved stewardship plan | 5 | | as specified in Section 25. | 6 | | (e) A battery stewardship organization shall not reduce or | 7 | | cease collection, education and outreach, or other activities | 8 | | implemented under an approved plan based on achievement of | 9 | | program performance goals. | 10 | | (f) A battery stewardship organization must reimburse | 11 | | local governments for demonstrable costs incurred as a result | 12 | | of a local government facility or solid waste handling | 13 | | facility serving as a collection site for a program including, | 14 | | but not limited to, associated labor costs and other costs | 15 | | associated with accessibility and collection site standards | 16 | | such as storage. | 17 | | (g) A battery stewardship organization shall at a minimum | 18 | | provide collection sites with appropriate containers for | 19 | | covered batteries subject to its program, training, signage, | 20 | | safety guidance, and educational materials, at no cost to the | 21 | | collection sites. | 22 | | Section 40. Collection and management requirements. | 23 | | (a) Battery stewardship organizations implementing a | 24 | | battery stewardship plan must provide for the collection of | 25 | | all covered batteries, including all chemistries and brands of |
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| 1 | | covered batteries, on a free, continuous, convenient, visible, | 2 | | and accessible basis to any person, business, governmental | 3 | | agency, or nonprofit organization. Except as provided in | 4 | | subsection (d) of this Section, each battery stewardship plan | 5 | | must arrange for the collection of each chemistry and brand of | 6 | | covered battery from any person, business, governmental | 7 | | agency, or nonprofit organization at each collection site that | 8 | | counts toward satisfaction of the collection site criteria in | 9 | | subsection (d) of this Section. | 10 | | (b)(1) For each collection site used by the program, each | 11 | | battery stewardship organization must provide suitable | 12 | | collection containers for covered batteries that are | 13 | | segregated from other solid waste or make mutually agreeable | 14 | | alternative arrangements for the collection of batteries at | 15 | | the site. The location of collection containers at each | 16 | | collection site used by the program must be within view of a | 17 | | responsible person and must be accompanied by signage that is | 18 | | made available to the collection site by the battery | 19 | | stewardship organization and informs customers regarding the | 20 | | end-of-life management options for batteries provided by the | 21 | | collection site under this Act. Each collection site must meet | 22 | | applicable federal, State, and local regulatory requirements. | 23 | | (2) Medium-format batteries may be collected only at | 24 | | household hazardous waste collection sites or other staffed | 25 | | collection sites that meet applicable federal, State, and | 26 | | local regulatory requirements to manage medium-format |
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| 1 | | batteries. | 2 | | (3)(A) Damaged and defective batteries are intended to be | 3 | | collected at collection sites staffed by persons trained to | 4 | | handle and ship those batteries. | 5 | | (B) Each battery stewardship organization must provide for | 6 | | the collection, with qualified staff, of damaged and defective | 7 | | batteries at each permanent household hazardous waste facility | 8 | | and at each household hazardous waste collection event | 9 | | scheduled by the Agency as specified in paragraph (1). | 10 | | (C) As used in this subsection, "damaged and defective | 11 | | batteries" means batteries that have been damaged or | 12 | | identified by the manufacturer as being defective for safety | 13 | | reasons and that have the potential of producing a dangerous | 14 | | evolution of heat, fire, or short circuit, as referred to in 49 | 15 | | CFR 173.185(f) as of January 1, 2023, or as updated by the | 16 | | Illinois Pollution Control Board by rule to maintain | 17 | | consistency with federal standards. | 18 | | (c)(1) Each battery stewardship organization implementing | 19 | | a battery stewardship plan shall ensure statewide collection | 20 | | opportunities for all covered batteries. Battery stewardship | 21 | | organizations shall coordinate activities with other program | 22 | | operators, including covered battery collection and recycling | 23 | | programs and electronic waste recyclers, with regard to the | 24 | | proper management or recycling of collected covered batteries, | 25 | | for purposes of providing the efficient delivery of services | 26 | | and avoiding unnecessary duplication of effort and expense. |
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| 1 | | Statewide collection opportunities must be determined by | 2 | | geographic information modeling that considers permanent | 3 | | collection sites. A program may rely, in part, on collection | 4 | | events to supplement the permanent collection services | 5 | | required in (2) and (3) of this subsection. However, only | 6 | | permanent collection services specified in (2) and (3) of this | 7 | | subsection qualify toward the satisfaction of the requirements | 8 | | of this subsection. | 9 | | (2) For portable batteries, each battery stewardship | 10 | | organization must provide statewide collection opportunities | 11 | | that 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 | 20 | | organization must provide statewide collection opportunities | 21 | | that 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 | 11 | | minimum number of collection sites specified in subsection (c) | 12 | | of this Section are established by no later than December 31, | 13 | | 2026 for portable batteries and by no later than December 31, | 14 | | 2028 for medium-format batteries. | 15 | | (e)(1) Battery stewardship programs must use existing | 16 | | public and private waste collection services and facilities, | 17 | | including battery collection sites that are established | 18 | | through other battery collection services, transporters, | 19 | | consolidators, processors, and retailers, if cost-effective, | 20 | | mutually agreeable, and otherwise practicable. | 21 | | (2) Battery stewardship programs must use as a collection | 22 | | site for covered batteries any retailer, wholesaler, | 23 | | municipality, solid waste management facility, household | 24 | | hazardous waste facility, or other entity that meets the | 25 | | criteria for collection sites in the approved plan up to the | 26 | | minimum number of sites required for compliance with |
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| 1 | | subsection (d) of this Section, upon the submission of a | 2 | | request by the entity to the battery stewardship organization | 3 | | to serve as a collection site. Battery stewardship programs | 4 | | may use additional collection sites in excess of the minimum | 5 | | required in subsection (d) of this Section as may be agreed | 6 | | between the battery stewardship organization and the | 7 | | collection site. | 8 | | (3) Battery stewardship programs must use as a site for a | 9 | | collection event for covered batteries any retailer, | 10 | | wholesaler, municipality, solid waste management facility, | 11 | | household hazardous waste facility, or other entity that meets | 12 | | the criteria for collection events in the approved plan up to | 13 | | the minimum number of sites required for compliance with | 14 | | subsection (d) of this Section, upon the submission of a | 15 | | request by the entity to the battery stewardship organization | 16 | | to serve as a site for a collection event. Battery stewardship | 17 | | programs may use additional sites for collection events in | 18 | | excess of the minimum required in subsection (d) of this | 19 | | Section as may be agreed between the battery stewardship | 20 | | organization and the collection site. | 21 | | (4) A battery stewardship organization may issue a | 22 | | warning, suspend, or terminate a collection site or service | 23 | | that does not adhere to the collection site criteria in the | 24 | | approved plan or that poses an immediate health and safety | 25 | | concern. | 26 | | (f)(1) Stewardship programs are not required to provide |
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| 1 | | for the collection of battery-containing products. | 2 | | (2) Stewardship programs are not required to provide for | 3 | | the collection of batteries that: (i) are not easily removable | 4 | | from the product other than by the manufacturer; and (ii) | 5 | | remain contained in a battery-containing product at the time | 6 | | of delivery to a collection site. | 7 | | (3) Stewardship programs are required to provide for the | 8 | | collection of loose batteries. | 9 | | (4) Stewardship programs are not required to provide for | 10 | | the collection of batteries still contained in covered | 11 | | electronic devices that are subject to the requirements of the | 12 | | Consumer Electronics Recycling Act. | 13 | | Section 45. Education and outreach requirements. | 14 | | (a) Each battery stewardship organization must carry out | 15 | | promotional activities in support of plan implementation | 16 | | including, 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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| 1 | | educational materials to the operator of each collection site | 2 | | for the management of recalled batteries, which are not | 3 | | intended to be part of collection as provided under this Act, | 4 | | to help facilitate transportation and processing of recalled | 5 | | batteries. | 6 | | (2) A battery stewardship organization may seek | 7 | | reimbursement from the producer of the recalled battery for | 8 | | expenses incurred in the collection, transportation, or | 9 | | processing of those batteries. | 10 | | (d) Upon request by a retailer or other potential | 11 | | collector, the battery stewardship organization must provide | 12 | | the retailer or other potential collector educational | 13 | | materials describing collection opportunities for batteries. | 14 | | (e) If multiple battery stewardship organizations are | 15 | | implementing plans approved by the Agency, the battery | 16 | | stewardship organizations must coordinate in carrying out | 17 | | their education and outreach responsibilities under this | 18 | | Section and must include in their annual reports to the Agency | 19 | | under Section 50 a summary of their coordinated education and | 20 | | outreach efforts. | 21 | | (f) During the first year of program implementation and | 22 | | every 5 years thereafter, each battery stewardship | 23 | | organization must carry out a survey of public awareness | 24 | | regarding the requirements of the program established under | 25 | | this Act, including the provisions of Section 70. Each battery | 26 | | stewardship organization must share the results of the public |
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| 1 | | awareness surveys with the Agency. | 2 | | Section 50. Reporting requirements. | 3 | | (a) By June 1, 2027, and each June 1st thereafter, each | 4 | | battery stewardship organization must submit an annual report | 5 | | to the Agency covering the preceding calendar year of battery | 6 | | stewardship plan implementation. The report must include the | 7 | | following: | 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 | 23 | | those batteries must only be counted once and may not be | 24 | | counted by more than one battery stewardship organization. | 25 | | (c) If a battery stewardship organization has disposed of | 26 | | covered batteries though energy recovery, incineration, or |
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| 1 | | landfilling during the preceding calendar year of program | 2 | | implementation, the annual report must specify the steps that | 3 | | the battery stewardship organization will take to make the | 4 | | recycling of covered batteries cost-effective, where possible, | 5 | | or to otherwise increase battery recycling rates achieved by | 6 | | the battery stewardship organization. | 7 | | (d) Proprietary information submitted to the Agency under | 8 | | this Act is exempted from disclosure as provided under | 9 | | paragraphs (g) and (mm) of subsection (1) of Section 7 of the | 10 | | Freedom of Information Act. | 11 | | Section 55. Fee and Agency role. | 12 | | (a) By July 1, 2025, and by July 1 of each year thereafter, | 13 | | each battery stewardship organization shall pay to the Agency | 14 | | an annual fee of $100,000. The fee shall cover the Agency's | 15 | | full costs of implementing, administering, and enforcing this | 16 | | Act. The annual fee shall be deposited into the Solid Waste | 17 | | Management Fund to be used for costs associated with the | 18 | | administration of this Act. | 19 | | (b) The responsibilities of the Agency in implementing, | 20 | | administering, 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 | 11 | | liable for a civil penalty of $7,000 per violation, except | 12 | | that the failure to pay a fee under this Act shall cause the | 13 | | person who fails to pay the fee to be liable for a civil | 14 | | penalty that is double the applicable fee. | 15 | | (b) The penalties provided for in this Section may be | 16 | | recovered in a civil action brought in the name of the People | 17 | | of the State of Illinois by the State's Attorney of the county | 18 | | in which the violation occurred or by the Attorney General. | 19 | | Any penalties collected under this Section in an action in | 20 | | which the Attorney General has prevailed shall be deposited | 21 | | into the Environmental Protection Trust Fund, to be used in | 22 | | accordance with the provision of the Environmental Protection | 23 | | Trust Fund Act. | 24 | | (c) The Attorney General or the State's Attorney of a | 25 | | county in which a violation occurs may institute a civil |
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| 1 | | action for an injunction, prohibitory or mandatory, to | 2 | | restrain violations of this Act or to require such actions as | 3 | | may be necessary to address violations of this Act. | 4 | | (d) The penalties and injunctions provided in this Act are | 5 | | in addition to any penalties, injunctions, or other relief | 6 | | provided under any other State law. Nothing in this Act bars a | 7 | | cause of action by the State for any other penalty, | 8 | | injunction, or other relief provided by any other law. | 9 | | (e) Any person who knowingly makes a false, fictitious, or | 10 | | fraudulent material statement, orally or in writing, to the | 11 | | Agency, related to or required by this Act or any rule adopted | 12 | | under this Act commits a Class 4 felony, and each such | 13 | | statement or writing shall be considered a separate Class 4 | 14 | | felony. A person who, after being convicted under this | 15 | | subsection, violates this subsection a second or subsequent | 16 | | time commits a Class 3 felony. | 17 | | (f) No penalty may be assessed under this Act on an | 18 | | individual or resident for the improper disposal of covered | 19 | | batteries as described in Section 70 in a noncommercial or | 20 | | residential setting. | 21 | | Section 65. Marking requirements for batteries. | 22 | | (a) Except as otherwise provided in rules adopted by | 23 | | Illinois Pollution Control Board under subsection (b), a | 24 | | producer or retailer may sell, offer for sale, or distribute | 25 | | in or into Illinois a covered battery or battery-containing |
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| 1 | | product containing one or more covered batteries only if the | 2 | | battery 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 | 13 | | establishing marking requirements for batteries as needed to | 14 | | maintain consistency with the labeling requirements or | 15 | | voluntary standards for batteries established in federal law. | 16 | | Section 70. General battery disposal and collection | 17 | | requirements. | 18 | | (a) On and after January 1, 2028 all persons must manage | 19 | | unwanted covered batteries through one of the following | 20 | | options: | 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 | 8 | | their batteries. | 9 | | (a) By July 1, 2027, the battery stewardship organization | 10 | | must complete an assessment of the opportunities and | 11 | | challenges associated with the end-of-life management of | 12 | | portable and medium-format batteries that are not intended or | 13 | | designed to be easily removed by a customer and that are | 14 | | contained either in battery-containing products, including | 15 | | medical devices, or in electronic products that are not | 16 | | covered electronic devices subject to the requirements of the | 17 | | Consumer Electronics Recycling Act. | 18 | | (b) The battery stewardship organization must consult with | 19 | | the Agency and interested stakeholders in completing the | 20 | | assessment. The assessment must identify any adjustments to | 21 | | the stewardship program requirements established in this Act | 22 | | that would maximize public health, safety, and environmental | 23 | | benefits. | 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 | 15 | | assessment required in this Section to the General Assembly. | 16 | | Section 80. Antitrust. Producers or battery stewardship | 17 | | organizations acting on behalf of producers that prepare, | 18 | | submit, and implement a battery stewardship program plan under | 19 | | this Act and who are thereby subject to regulation by the | 20 | | Agency are granted immunity from State laws relating to | 21 | | antitrust, restraint of trade, unfair trade practices, and | 22 | | other regulation of trade and commerce, for the limited | 23 | | purpose of planning, reporting, and operating a battery | 24 | | stewardship 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 | 9 | | battery stewardship program. Nothing in this Act shall prevent | 10 | | or prohibit a person from offering or performing a fee-based, | 11 | | household collection, or a mail back program for end-of-life | 12 | | portable batteries or medium-format batteries independently of | 13 | | a battery stewardship program, provided that such person meets | 14 | | the 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 | 7 | | repealing Section 22.23d. | 8 | | Section 97. Severability. If any provision of this Act or | 9 | | its application to any person or circumstance is held invalid, | 10 | | the remainder of the act or the application of the provision to | 11 | | other persons or circumstances is not affected. | 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law, except that Section 90 takes effect on January | 14 | | 1, 2028.". |
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