HB4652 104TH GENERAL ASSEMBLY

LRB104 17393 BDA 30818 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4652

Introduced 2/3/2026, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Electronic Device Stewardship Act. Requires a producer that sells an electronic smoking device to implement and finance an electronic smoking device stewardship program, no later than 2 years after the effective date of the Act, through a producer responsibility organization that is approved by the Environmental Protection Agency. Requires a producer responsibility organization to submit an electronic smoking device stewardship plan to the Agency for approval no later than 2 years after the effective date of the Act. Establishes requirements regarding fees collected from participating producers. Sets forth procedures regarding approval of stewardship plans. Prohibits, beginning 2 years after the effective date of the Act, a producer from selling, offering for sale, distributing, or importing for sale an electronic smoking device unless the producer is in an approved producer responsibility organization in compliance with the Act, with a civil penalty of up to $10,000 for a violation. Provides an affirmative defense for a distributor or retailer for reliance on the representation of a producer or producer responsibility organization. Allows the Attorney General to recover civil penalties and any other damages and to seek injunctive relief. Provides an antitrust exemption. Requires a producer responsibility organization to submit an annual report to the Environmental Protection Agency. Requires the Agency to adopt rules and conduct an evaluation. Makes findings and states the purpose of the Act. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Electronic Smoking Device Stewardship Act.

Section 5. Findings and purpose. The General Assembly finds that:

(1) In the past decade, electronic smoking device sales have risen dramatically worldwide as has the use of those devices.

(2) A significant portion of electronic smoking devices sold are designed for single use, resulting in high volumes of short-lived products entering the waste stream.

(3) Electronic smoking devices are a growing waste management concern because, despite their small size, they are consumed and discarded much more quickly than typical electronics.

(4) Electronic smoking devices and their components pose environmental and public health risks due to the presence of batteries, metals, plastics, and toxic or hazardous substances that may contaminate soil, water, and air when improperly disposed of.

(5) Local governments, businesses, and residents of the State do not have ready access to an efficient, environmentally sound, and cost-effective disposal method for electronic smoking devices.

(6) The producers of electronic smoking devices are best positioned to assume responsibility for the end-of-life management of their products through the development and implementation of a cost-effective stewardship program that provides for collection, transportation, recycling, and environmentally sound disposal.

(7) Therefore, it is the purpose of this Act to require producers of electronic smoking devices sold in this State to finance and implement a producer responsibility organization and to develop and implement a program that provides for the collection and environmentally sound management of post-consumer electronic smoking devices.

Section 10. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Distributor" means a person who has a contractual relationship with one or more producers to market and sell electronic smoking devices to retailers.

"Electronic smoking device stewardship plan" or "stewardship plan" means the stewardship plan developed pursuant to this Act, which provides for the environmentally sound life-cycle management, by participating producers, of electronic smoking devices that are sold or offered for sale in Illinois.

"Electronic smoking device" or "device" means any device that may be used to deliver any aerosolized or vaporized substance to a person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vape pen, or electronic hookah. "Electronic smoking device" or "device" includes any component, part or accessory of the device and any substance that may be aerosolized or vaporized by that device, whether or not the substance contains nicotine or cannabis. "Electronic smoking device" or "device" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, when marketed and sold solely for the approved medical purpose.

"Environmentally sound management practices" means policies or procedures for the collection, storage, transportation, reuse, recycling, and disposal of electronic smoking devices, which ensure compliance with all applicable federal, State, and local laws, rules, regulations, and ordinances, and the protection of human health and the environment, and which address matters such as adequate recordkeeping, accurate tracking and documentation of the use, reuse, recycling, or disposal of post-consumer electronic smoking devices within and outside of the State, and adequate provision of environmental liability coverage for professional services and for the operations of contractors working on behalf of a producer or representative organization.

"Federal waste management hierarchy" means the four-tiered hierarchy, established by the United States Environmental Protection Agency, that guides waste management determinations through the promotion of source reduction, recycling, energy recovery, and waste treatment and disposal, in that order, to the extent feasible.

"Household hazardous waste" means a consumer disposed waste product intended for household use generally containing constituents that make its disposal in municipal waste landfills or incinerators undesirable. "Household hazardous waste" includes, but is not limited to:

(1) waste oil;

(2) petroleum distillate-based solvents;

(3) oil-based liquid paint, paint strippers, and paint thinners;

(4) herbicides and pesticides, except for antimicrobial and disinfectant products; and

(5) an electronic smoking device confiscated by a school as contraband.

"Household hazardous waste" does not include waste generated in the course of operating a business concern at a residence.

"Household hazardous waste collection facility" means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, consistent with the Environmental Protection Act and rules adopted thereunder. The operation of a household hazardous waste collection facility may include accepting hazardous waste from very small quantity generators if that acceptance is authorized pursuant to the Environmental Protection Act and rules adopted thereunder, including 35 Ill. Adm. Code 722. "Household hazardous waste collection facility" includes a permanent household hazardous waste collection facility, temporary household hazardous waste collection facility, recycle-only household hazardous waste collection facility, curbside household hazardous waste collection program, door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, and mobile household hazardous waste collection facilities.

"Post-consumer electronic smoking device" or "post-consumer device" means an electronic smoking device that is not used and no longer wanted by a consumer.

"Producer" means a person that is responsible for an electronic smoking device that is sold or offered for sale in or into the State, whether the sale occurs through a physical location, a remote transaction, or another commercial distribution method, as determined in the following order of priority:

(1) the first priority is the brand owner, which is a person that has legal ownership of the brand under which the electronic smoking device is sold, or that manufactures the electronic smoking device under a brand that the person owns or is licensed to use;

(2) the second priority is the United States importer, which is a person that imports the electronic smoking device into the United States for sale or distribution in or into the State, but only if no person described in paragraph (1) can be identified or is subject to the jurisdiction of the State;

(3) the third priority is the distributor, which is a distributor that sells, supplies, or arranges for the sale of the electronic smoking device in or into the State, but only if no person described in paragraph (1) or (2) can be identified or is subject to the jurisdiction of the State; and

(4) the fourth priority is the first seller into the State, which is the person that first sells or offers the electronic smoking device for sale in or into the State, but only if no person described in paragraphs (1) through (3) can be identified or is subject to the jurisdiction of the State.

"Producer responsibility organization" means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and that is designated by a producer or group of producers to act as an agent of the producer or group of producers to develop, implement, and administer a producer responsibility program in accordance with this Act.

"Recycling" means any process by which materials or products that would otherwise become solid waste are collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.

"Recycling" does not include energy recovery or energy generation resulting from combustion or incineration processes.

"Responsible management" means the handling, tracking, and disposition of devices from the point of collection through the final destination of the collected material in a way that benefits the environment and minimizes risks to public health and worker health and safety.

"Retailer" means any person engaged in the business of selling electronic smoking devices to ultimate consumers, including, but not limited to:

(1) any person in this State engaged in the business of selling tobacco products to consumers in this State, regardless of quantity or number of sales; or

(2) a dispensary operated by a dispensing organization at which activities licensed under the Cannabis Regulation and Tax Act may occur.

"Reuse" means the return of a product into the economic stream for use in the same kind of application originally intended for the product, without a change in the product's original composition or identity.

"School" has the meaning ascribed to that term in the School Code. "School" includes a charter school or school district.

"Sell" or "sale" means any transfer of title for consideration. "Sell" or "sale" includes, but is not limited to, remote sales transactions conducted through sales outlets, catalogs, or the Internet, or through any other similar electronic means.

Section 15. Program.

(a) No later than 2 years after the effective date of this Act, a producer that sells an electronic smoking device in the State shall, individually or collectively, and through a producer responsibility organization, implement and finance an electronic smoking device stewardship program to manage unwanted electronic smoking devices sold by the producer at the end of the device's life.

(b) A producer responsibility organization shall develop, implement, and administer an electronic smoking device stewardship program on behalf of all participating producers and shall:

(1) be governed by a board of directors that includes representatives of participating producers and may include nonvoting members representing retailers, recyclers, local governments, environmental organizations and other stakeholders as determined by the producer responsibility organization; the producer responsibility organization shall ensure that participating producers placing electronic smoking devices in the Illinois market have equitable representation in governance, commensurate with their respective market shares;

(2) meet the requirements of this Act and any rules adopted by the Agency;

(3) demonstrate, to the Agency's satisfaction, that the producer responsibility organization has adequate financial responsibility and financial controls in place, including fraud prevention measures and an auditing schedule, to ensure the proper management of the producer responsibility organization's funds;

(4) provide participating producers with the information, guidance, and tools necessary to enable those producers to meet their obligations under this Act; and

(5) collect and manage fees from participating producers sufficient to fully fund the electronic smoking device stewardship program, including administrative costs, education and outreach, collection, transportation, recycling, disposal, and Agency oversight.

(c) If more than one electronic smoking device producer responsibility organization operates a stewardship program under this Section, all producer responsibility organizations shall coordinate to ensure a single, uniform statewide program for consumers and other end users. At minimum, such coordination shall include:

(1) establishing and maintaining a single statewide website that provides clear, accurate, and up-to-date information on all approved electronic smoking device stewardship programs operating in the State, including collection locations, program participation requirements, proper management of unwanted electronic smoking devices, and consumer education materials;

(2) establishing and maintaining a single, statewide toll-free telephone number through which consumers may obtain information regarding collection locations, program requirements, and proper management of electronic smoking devices;

(3) ensuring that all collection locations established under any approved stewardship program accept all covered electronic smoking devices, regardless of brand, producer, or producer responsibility organization affiliation; and

(4) coordinating education and outreach materials to ensure consistent statewide messaging and to avoid consumer confusion.

(d) A producer responsibility organization shall not operate an electronic smoking device stewardship program in the State unless the Agency has approved the producer responsibility organization and its electronic smoking device stewardship plan pursuant to this Act. The Agency may approve, conditionally approve, or deny approval of a producer responsibility organization or electronic smoking device stewardship plan. The Agency may revoke or suspend approval if the Agency determines that a producer responsibility organization or participating producer is not in compliance with this Act or rules adopted under this Act.

(e) Each producer that sells an electronic smoking device in the State shall participate in an approved producer responsibility organization in order to satisfy the producer's obligations under this Act.

(f) A producer shall notify the Agency and its current producer responsibility organization, in writing, of any change in producer responsibility organization participation no later than 30 days before the effective date of the change, unless otherwise approved by the Agency.

(g) A producer responsibility organization approved pursuant to this Section shall notify the Agency, in writing and within 30 days of any of the following:

(1) a change in identity of participating producers;

(2) a change in the governance structure or board composition of the producer responsibility organization;

(3) a material change to program operations or funding mechanisms; or

(4) the intent of the producer responsibility organization to cease operating an electronic smoking device stewardship program in the State.

(h) An electronic smoking device stewardship program may not charge a person a fee at the time an unwanted electronic smoking device is delivered or collected for recycling or disposal under the program.

(i) Responsibility as a producer under this Act is mandatory and is assigned by operation of law to the highest-priority person identified under the definition of "producer" in Section 10 of this Act. Responsibility as a producer under this Act may not be avoided, delegated, or transferred by contract or agreement.

Section 20. Stewardship plans.

(a) A producer responsibility organization shall submit an electronic smoking device stewardship plan to the Agency for approval no later than 2 years after the effective date of this Act. The Agency shall review an electronic smoking device stewardship plan to determine whether the stewardship plan meets the requirements of this Act. The Agency may approve, conditionally approve, or disapprove a plan. If the Agency disapproves a plan or conditionally approves a plan, the Agency shall provide written notice identifying the reasons for the determination. A producer responsibility organization shall submit a revised plan addressing the Agency's concerns within a timeframe specified by the Agency. The stewardship plan shall be designed to reduce the financial and administrative burden on the public sector by providing for the collection and environmentally sound management of post-consumer electronic smoking devices through reuse and recycling, consistent with this Act.

(b) The stewardship plan submitted pursuant to this Section shall include:

(1) identification and contact information for:

(A) the individual or entity submitting the stewardship plan;

(B) all producers participating in the program, including each producer's legal name and primary business address;

(C) the owners of the brands covered by the program; and

(D) the producer responsibility organization, if using a producer responsibility organization, including a description of the producer responsibility organization and the tasks to be performed by the producer responsibility organization; the description must include information on how the producer responsibility organization is organized, including its administration and management; a producer responsibility organization may satisfy the requirements of this paragraph on behalf of a producer through its submission of a stewardship plan, plan update, or annual report that includes current producer address information;

(2) a provision for convenient and available statewide collection of post-consumer electronic smoking devices from urban, suburban, and rural areas of the State;

(3) if more than one producer responsibility organization operates a stewardship program under this Act, a description of how the stewardship plan will comply with subsection (c) of Section 15 of this Act, including participation in a shared statewide website, a shared statewide toll-free telephone number, and the acceptance of all covered post-consumer electronic smoking devices at all collection locations;

(4) at a minimum, and unless otherwise approved by the Agency, provision of collection site locations statewide that will accept post-consumer devices such that:

(A) at least 90% of State residents have a permanent collection site within 15 miles of their residence;

(B) permanent collection sites are established for every 30,000 residents of a population center; and

(C) collection sites are distributed to provide convenient and equitable access for residents within each population center, unless otherwise approved in writing by the Agency; for those persons who do not have a permanent collection site within 15 miles of their residence, the stewardship plan shall provide for quarterly collection events, unless more frequent collection events are deemed to be necessary, and are required, in writing, by the Agency;

(5) a description of the collection, transportation, and processing system for post-consumer electronic smoking devices, including:

(A) the location or number of collection sites;

(B) the identity of the processors that manage the post-consumer electronic smoking devices collected under the program; and

(C) the transporters designated to transport post-consumer electronic smoking devices;

(6) to the extent reasonably feasible and mutually agreeable, the coordination of the electronic smoking device stewardship program with existing local government and electronic waste infrastructure, provided that there are no additional costs to the State or local government;

(7) a description of how the program prioritizes reuse and recycling consistent with this Act;

(8) a description of the educational materials and outreach efforts that will be used to inform consumers about the stewardship program. Educational materials shall include, but need not be limited to, information at the point of purchase identifying the end-of-life management options that are available for post-consumer devices through the stewardship program;

(9) a description of how the stewardship plan will be administered, and identification of responsible staff who will be responsible for ensuring proper administration of the stewardship plan;

(10) a description of the fee system developed pursuant to subsection (d) of this Section, including the methodology used to determine and allocate fees among participating producers;

(11) a proposed budget demonstrating that producer fees are reasonably calculated to cover the costs of implementing the stewardship program, subject to review and approval by the Agency; and

(12) a description of the procedures the producer responsibility organization will use to:

(A) identify producers that fail to timely provide required fees, records, or information necessary for administration of the electronic smoking device stewardship program;

(B) address instances in which a producer ceases participation in the program; and

(C) notify the Agency of unresolved participation or payment issues in a manner and timeframe specified in the stewardship plan.

(c) Each producer responsibility organization shall submit an updated electronic smoking device stewardship plan to the Agency for review and approval if the producer responsibility organization proposes a material change to an approved plan. The Agency shall determine whether a proposed change is material and whether Agency approval is required prior to implementation. The Agency may approve, conditionally approve, or disapprove an updated plan in the same manner as an initial plan submitted under subsection (a).

(d) The electronic smoking device stewardship plan shall include a description of the system the producer responsibility organization will use to establish, assess, and collect fees from participating producers sufficient to cover the costs of implementing the electronic smoking device stewardship program. Fees shall be set in a manner that is equitable, transparent, and reasonably related to the costs of program operation and the quantities and types of electronic smoking devices placed on the market by participating producers. Fees shall be structured to fully fund the electronic smoking device stewardship program and may take into account, as appropriate, factors such as the quantities and characteristics of electronic smoking devices placed on the market by participating producers, provided that the fee system is equitable, transparent, and subject to Agency review and approval.

Section 25. Approval of stewardship plans.

(a) Not more than 120 days after receipt of a completed stewardship plan, submitted pursuant to this Act, the Agency shall approve, conditionally approve, or disapprove the stewardship plan and provide written notice of the determination to the producer responsibility organization. In making a determination pursuant to this Section, the Agency may solicit information from the representatives of recycling facilities and other stakeholders, as the Agency deems appropriate.

(b) A stewardship plan shall not be approved, pursuant to this Section, unless the Agency determines that: (1) the producer responsibility organization has engaged in satisfactory consultation with stakeholders in the development of the stewardship plan; (2) the stewardship plan adequately addresses all of the elements described in subsection (b) of Section 20 of this Act in sufficient detail to demonstrate that the objectives of the stewardship plan will be met; and (3) the stewardship plan contains an adequate financing mechanism, developed pursuant to subsection (d) of Section 20 of this Act and a budget subject to review and approval by the Agency.

(c)(1) If a stewardship plan is approved pursuant to this Section, the producer responsibility organization shall begin implementing the approved plan within 90 days after receipt of the Agency's written notice or after the expiration of the 120-day period established by subsection (a) of this Section, as the case may be, or within another timeframe agreed to by the Agency.

(2) If a stewardship plan is conditionally approved pursuant to this Section, the Agency's written notice shall specify the conditions that are to be satisfied in order for the stewardship plan to be approved pursuant to this Act. The producer responsibility organization shall implement the conditionally approved plan, in accordance with the conditions specified in the notice, either within 90 days after receipt of the Agency's notice or within another timeframe agreed to by the Agency.

(3) If an electronic smoking device stewardship plan is disapproved pursuant to this Section, the Agency's written notice shall be accompanied by a detailed statement describing the reasons for disapproval. Not more than 30 days after receipt of the Agency's notice and accompanying statement of the reasons for disapproval, the producer responsibility organization shall submit a revised stewardship plan to the Agency, who shall approve, conditionally approve, or disapprove the revised plan in accordance with the provisions of subsection (a) of this Section.

(d) Not more than 90 days after approving an electronic smoking device stewardship plan pursuant to this Section, or any revisions thereto, the Agency shall post the stewardship plan at a publicly accessible location on the Agency's website.

(e)(1) A stewardship plan approved pursuant to this Section shall be reviewed and updated by the producer responsibility organization, and reapproved by the Agency, at least once every 5 years, in accordance with the procedures specified in this Section.

(2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary, the Agency may, at any time, review a previously approved electronic smoking device stewardship plan to determine whether the stewardship plan is being implemented in accordance with this Act. If the Agency, at any time, finds that the approved plan, as implemented, is deficient, the Agency may order the producer responsibility organization to incorporate modifications to the stewardship plan or to the implementation thereof, as may be necessary to ensure that the stewardship plan, as implemented, fully complies with the provisions of this Act.

Section 30. Prohibition on sale of electronic smoking devices.

(a) Beginning 2 years after the effective date of this Act, a producer shall not sell, offer for sale, distribute, or import for sale in the State an electronic smoking device unless the producer is participating in an approved producer responsibility organization in compliance with this Act.

(b) A distributor or retailer shall not be subject to enforcement of the prohibition under this Section for the sale or offering for sale of an electronic smoking device if the distributor or retailer reasonably relied, in the ordinary course of business, on the representation of a producer or producer responsibility organization that the producer was in compliance with this Act. This subsection does not apply to a distributor or retailer that is also a producer with respect to electronic smoking devices for which it is the producer.

Section 35. Enforcement and penalties.

(a) A producer that violates subsection (a) of Section 30 of this Act is subject to a written warning for a first violation and a civil penalty of up to $10,000 for each subsequent violation.

(b) In determining the amount of a civil penalty under this Section, the court may consider the nature, circumstances, extent, and gravity of the violation, including the number of electronic smoking devices sold in violation of this Act.

(c) The Attorney General may recover civil penalties and any other damages and may seek injunctive relief to enforce this Act.

Section 40. Antitrust exemption.

(a) Except as provided in subsection (b) of this Section, an action undertaken by a producer or producer responsibility organization that is necessary to develop or implement an approved electronic smoking device stewardship plan shall not be deemed to constitute a violation of any State law relating to antitrust, restraint of trade, unfair trade practices, or the regulation of trade or commerce.

(b) Subsection (a) does not apply to:

(1) any agreement establishing or affecting the price of a product; or

(2) any agreement restricting the output or production of a product or the geographic area or customers to which a product will be sold.

Section 45. Annual report.

(a) One year after the Agency provides notification to a producer responsibility organization of its approval of a plan in accordance with this Act, and annually on July 1 of each year thereafter, each producer responsibility organization shall submit an annual report to the Agency describing the operation of its electronic smoking device stewardship program during the preceding year.

(b) The report shall include, at a minimum:

(1) a list of participating producers;

(2) a description of the collection system, including the number and location of collection sites;

(3) the total weight or quantity of post-consumer electronic smoking devices collected, by method of disposition;

(4) a description of the types of processing and disposition facilities used by the program and the disposition methods utilized;

(5) the total cost of implementing the program, including, but not limited to, separate figures for the costs associated with collection, transportation, disposition, education and outreach, and an independent financial audit;

(6) a description of education and outreach activities conducted during the reporting period, including efforts to inform consumers, retailers, and other stakeholders about the electronic smoking device stewardship program;

(7) a description of any material changes to the stewardship program during the reporting period, including changes to collection methods, program scope, or participating producers;

(8) a summary of compliance issues identified by the producer responsibility organization during the reporting period and actions taken to address those issues;

(9) an evaluation of program effectiveness and a description of planned or considered improvements to the program;

(10) a description of the educational and outreach materials developed and distributed during the reporting period and the methods used to disseminate those materials, together with an assessment of their effectiveness;

(11) a certification, signed by an authorized representative of the producer responsibility organization, attesting to the accuracy of the information contained in the report;

(12) an annual financial report for the preceding program year, audited by an independent certified public accountant, demonstrating that producer fees collected were sufficient to cover the costs of implementing and operating the stewardship program for the reporting period; the audit must be conducted in accordance with generally accepted auditing standards.

(c) Within 90 days after receipt of an annual report, the Agency may meet with interested stakeholders to review the report. If the Agency chooses to meet with interested stakeholders, the Agency shall post the minutes of each stakeholder meeting on its website within 30 days after the date of the meeting.

(d) Each report submitted pursuant to subsection (a) of this Section shall be posted on the Agency's website. The Agency shall not disclose financial, production, or sales data reported by a producer responsibility organization pursuant to this Section, except that the Agency may disclose such data in aggregate or summary format, provided that individual producers, distributors, or retailers and their financial, production, or sales data are not specifically identified, and the summary omits any reference to unique characteristics from which the identities of individual producers, distributors, or retailers might be ascertained.

Section 50. Rules; evaluation.

(a) The Agency may adopt rules as necessary to implement and administer this Act.

(b) The Agency shall evaluate opportunities to increase safety and convenience related to the management and disposal of electronic smoking devices confiscated from students by a school. The evaluation shall ensure consistency with the federal Resource Conservation and Recovery Act and may include, but need not be limited to, the potential designation of confiscated devices as universal waste. The Agency shall identify any recommendations that require future legislative action.

Section 99. Effective date. This Act takes effect upon becoming law.