Full Text of SB1398 103rd General Assembly
SB1398sam001 103RD GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 1398
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1398 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Electronics Recycling Act is | 5 | | amended 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 | 8 | | authorities. | 9 | | (a) By March 1, 2024, the Agency shall adopt rules | 10 | | requiring each manufacturer of an electric vehicle that is | 11 | | sold in the State and that contains a lithium-ion battery and | 12 | | each manufacturer of lithium-ion batteries sold in the State | 13 | | to submit to the Agency by June 1, 2024, a plan for recycling | 14 | | or repurposing the lithium-ion batteries it distributes in the | 15 | | State. | 16 | | (b) Notwithstanding any provision of law to the contrary, |
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| 1 | | beginning July 1, 2024, a lithium-ion battery may not be | 2 | | disposed of in a sanitary landfill or mixed recycling waste | 3 | | bin in the State. | 4 | | (c) The Agency shall encourage local authorities to use | 5 | | separate curbside recycling collection bins for the disposal | 6 | | of lithium-ion batteries. | 7 | | (d) In this Section, "lithium-ion battery" has the same | 8 | | meaning as defined in Section 2.09 of the Hazardous Materials | 9 | | Emergency Act. | 10 | | Section 10. The Hazardous Materials Emergency Act is | 11 | | amended by adding Section 2.09 and by changing Sections 3, | 12 | | 5.11, and 6 as follows: | 13 | | (430 ILCS 50/2.09 new) | 14 | | Sec. 2.09. "Lithium-ion battery" means a type of | 15 | | rechargeable battery that contains lithium ions as the primary | 16 | | component of its electrolyte and that is most commonly found | 17 | | in cell phones, power tools, digital cameras, laptops, | 18 | | children's toys, electronic cigarettes, small and large | 19 | | appliances, tablets, and e-readers.
| 20 | | (430 ILCS 50/3) (from Ch. 127, par. 1253)
| 21 | | Sec. 3.
It is the purpose of this Act to require the | 22 | | Illinois
Department of Transportation to adopt by regulation | 23 | | the federal
hazardous materials placarding regulations |
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| 1 | | promulgated under the
Hazardous Materials Transportation Act | 2 | | (PL 93-633) for interstate and
intrastate transportation of | 3 | | hazardous materials as they are applicable
in the State of | 4 | | Illinois, and to recommend that units of local government | 5 | | adopt regulations for hazard signage systems
applicable to the | 6 | | use, storage, and
manufacture of hazardous materials , | 7 | | including, but not limited to, lithium-ion batteries, with the | 8 | | following exceptions:
| 9 | | (a) No hazard signage system or State placarding | 10 | | requirements shall
apply to the use, storage,
or | 11 | | transportation of a hazardous material that is located on a | 12 | | farm and that is used solely for agricultural
purposes. It is | 13 | | not the purpose of this Section to exempt the owner of
an | 14 | | agricultural hazardous material from reporting an accident | 15 | | involving
the material as required in Sections 7 and 7.01 of
| 16 | | this Act, nor is it the purpose of this Section to exempt from | 17 | | the
placarding requirements the storage, transportation or | 18 | | manufacture of a
hazardous material that is an agricultural | 19 | | material when the material
is in the possession of the | 20 | | manufacturer, distributor, dealer, retailer
or any other | 21 | | person who handles the material in larger quantities than
| 22 | | those designed for consumer use or for any purpose other than | 23 | | its
intended agricultural usage.
| 24 | | (b) (Blank).
| 25 | | (c) No placarding requirements or hazard signage | 26 | | requirements
adopted pursuant to this Act shall apply to |
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| 1 | | pipelines or
meters involved in the transmission of natural or | 2 | | flammable gas by a
public utility as defined in the Public | 3 | | Utilities
Act.
| 4 | | (d) This Act does not authorize the Department to require | 5 | | any
placarding system for transportation of hazardous | 6 | | materials that is
inconsistent with any placarding system | 7 | | required by Federal law or
regulation, nor does it authorize | 8 | | the Department to require any
placarding system or other | 9 | | standards for transportation of hazardous
materials that is | 10 | | more stringent than any placarding system or
standard required | 11 | | by the federal law or regulations in situations where
a | 12 | | federal placarding system exists.
| 13 | | (Source: P.A. 90-449, eff. 8-16-97.)
| 14 | | (430 ILCS 50/5.11)
| 15 | | Sec. 5.11. Units of local government; hazard signage | 16 | | systems.
| 17 | | (a) A unit of local government may adopt ordinances or | 18 | | regulations
requiring a hazard signage system applicable to | 19 | | equipment, facilities,
structures, or locations involved in | 20 | | the use, storage, or manufacture of
hazardous materials , | 21 | | including, but not limited to, lithium-ion batteries . The | 22 | | hazard signage system (such as, but not limited
to, the | 23 | | National Fire Protection Association standard "NFPA 704"
| 24 | | system as
specified in its Standard System for the | 25 | | Identification of the Fire Hazards of
Materials for Emergency |
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| 1 | | Response) shall be consistent with any such
signage required | 2 | | by federal law or regulation.
| 3 | | (b) An ordinance or regulation adopted by a unit of local | 4 | | government
under this Section requiring a hazard signage | 5 | | system may not take effect
sooner than 90 days after its | 6 | | adoption by the unit of local government.
| 7 | | (c) A home rule unit may not regulate hazard signage | 8 | | systems in a
manner inconsistent with the regulation of those | 9 | | systems by the State under
this Act or by the federal | 10 | | government. This Section is a limitation under
subsection (i) | 11 | | of Section 6 of Article VII of the Illinois Constitution on the
| 12 | | concurrent exercise by home rule units of powers and functions | 13 | | exercised
by the State.
| 14 | | (Source: P.A. 90-449, eff. 8-16-97.)
| 15 | | (430 ILCS 50/6) (from Ch. 127, par. 1256)
| 16 | | Sec. 6.
It is the responsibility of any person who leases, | 17 | | operates
or controls any facilities, equipment, structures, or | 18 | | locations
for the use, storage,
or manufacture of hazardous | 19 | | materials , including, but not limited to, lithium-ion | 20 | | batteries, to display on such facility,
equipment, structure, | 21 | | or location appropriate hazard
signage as described and in | 22 | | such manner as provided by regulation
promulgated pursuant to | 23 | | Section 5 of this
Act or as provided by ordinance or regulation | 24 | | adopted by a unit of local
government pursuant to Section | 25 | | 5.11.
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| 1 | | (Source: P.A. 90-449, eff. 8-16-97.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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