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


Sen. Sue Rezin

Filed: 3/3/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1398 by replacing
3everything after the enacting clause with the following:
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) By March 1, 2024, the Agency shall adopt rules
10requiring each manufacturer of an electric vehicle that is
11sold in the State and that contains a lithium-ion battery and
12each manufacturer of lithium-ion batteries sold in the State
13to submit to the Agency by June 1, 2024, a plan for recycling
14or repurposing the lithium-ion batteries it distributes in the
16    (b) Notwithstanding any provision of law to the contrary,



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1beginning July 1, 2024, a lithium-ion battery may not be
2disposed of in a sanitary landfill or mixed recycling waste
3bin in the State.
4    (c) The Agency shall encourage local authorities to use
5separate curbside recycling collection bins for the disposal
6of lithium-ion batteries.
7    (d) In this Section, "lithium-ion battery" has the same
8meaning as defined in Section 2.09 of the Hazardous Materials
9Emergency Act.
10    Section 10. The Hazardous Materials Emergency Act is
11amended by adding Section 2.09 and by changing Sections 3,
125.11, and 6 as follows:
13    (430 ILCS 50/2.09 new)
14    Sec. 2.09. "Lithium-ion battery" means a type of
15rechargeable battery that contains lithium ions as the primary
16component of its electrolyte and that is most commonly found
17in cell phones, power tools, digital cameras, laptops,
18children's toys, electronic cigarettes, small and large
19appliances, 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
22Illinois Department of Transportation to adopt by regulation
23the federal hazardous materials placarding regulations



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1promulgated under the Hazardous Materials Transportation Act
2(PL 93-633) for interstate and intrastate transportation of
3hazardous materials as they are applicable in the State of
4Illinois, and to recommend that units of local government
5adopt regulations for hazard signage systems applicable to the
6use, storage, and manufacture of hazardous materials,
7including, but not limited to, lithium-ion batteries, with the
8following exceptions:
9    (a) No hazard signage system or State placarding
10requirements shall apply to the use, storage, or
11transportation of a hazardous material that is located on a
12farm and that is used solely for agricultural purposes. It is
13not the purpose of this Section to exempt the owner of an
14agricultural hazardous material from reporting an accident
15involving the material as required in Sections 7 and 7.01 of
16this Act, nor is it the purpose of this Section to exempt from
17the placarding requirements the storage, transportation or
18manufacture of a hazardous material that is an agricultural
19material when the material is in the possession of the
20manufacturer, distributor, dealer, retailer or any other
21person who handles the material in larger quantities than
22those designed for consumer use or for any purpose other than
23its intended agricultural usage.
24    (b) (Blank).
25    (c) No placarding requirements or hazard signage
26requirements adopted pursuant to this Act shall apply to



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1pipelines or meters involved in the transmission of natural or
2flammable gas by a public utility as defined in the Public
3Utilities Act.
4    (d) This Act does not authorize the Department to require
5any placarding system for transportation of hazardous
6materials that is inconsistent with any placarding system
7required by Federal law or regulation, nor does it authorize
8the Department to require any placarding system or other
9standards for transportation of hazardous materials that is
10more stringent than any placarding system or standard required
11by the federal law or regulations in situations where a
12federal 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
17    (a) A unit of local government may adopt ordinances or
18regulations requiring a hazard signage system applicable to
19equipment, facilities, structures, or locations involved in
20the use, storage, or manufacture of hazardous materials,
21including, but not limited to, lithium-ion batteries. The
22hazard signage system (such as, but not limited to, the
23National Fire Protection Association standard "NFPA 704"
24system as specified in its Standard System for the
25Identification of the Fire Hazards of Materials for Emergency



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1Response) shall be consistent with any such signage required
2by federal law or regulation.
3    (b) An ordinance or regulation adopted by a unit of local
4government under this Section requiring a hazard signage
5system may not take effect sooner than 90 days after its
6adoption by the unit of local government.
7    (c) A home rule unit may not regulate hazard signage
8systems in a manner inconsistent with the regulation of those
9systems by the State under this Act or by the federal
10government. This Section is a limitation under subsection (i)
11of Section 6 of Article VII of the Illinois Constitution on the
12concurrent exercise by home rule units of powers and functions
13exercised 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,
17operates or controls any facilities, equipment, structures, or
18locations for the use, storage, or manufacture of hazardous
19materials, including, but not limited to, lithium-ion
20batteries, to display on such facility, equipment, structure,
21or location appropriate hazard signage as described and in
22such manner as provided by regulation promulgated pursuant to
23Section 5 of this Act or as provided by ordinance or regulation
24adopted by a unit of local government pursuant to Section



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1(Source: P.A. 90-449, eff. 8-16-97.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".