HB2296 101ST GENERAL ASSEMBLY

LRB101 04552 CPF 49560 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2296

Introduced , by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

415 ILCS 5/22.23	from Ch. 111 1/2, par. 1022.23
415 ILCS 5/22.23d new

Amends the Environmental Protection Act to prohibit lead-acid battery retailers from disposing of lead-acid batteries by delivery to a collection or recycling facility, unless that collection or recycling facility accepts lead-acid batteries. Prohibits the knowing mixing of lead-acid batteries with material intended for collection as a recyclable material by a hauler, and the knowing placement of a lead-acid battery into a container intended for collection and processing at a recycling center. Defines "rechargeable battery". Prohibits any person from knowingly disposing of a rechargeable battery, either as municipal waste or as a recyclable material. Denies home rule units from regulating the collection or disposal of rechargeable batteries. Requires the Agency to provide educational information regarding rechargeable batteries on its website. Requires the Agency to encourage the waste industry, recyclers, haulers, local governments, and other stakeholders to collaborate on educating the public regarding the collection and recycling of rechargeable batteries. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Environmental Protection Act is amended by changing Section 22.23 and by adding Section 22.23d as follows:

(415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)

Sec. 22.23. Batteries.

(a) Beginning September 1, 1990, any person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in this State shall:

(1) accept for recycling used lead-acid batteries from customers, at the point of transfer, in a quantity equal to the number of new batteries purchased; and

(2) post in a conspicuous place a written notice at least 8.5 by 11 inches in size that includes the universal recycling symbol and the following statements: "DO NOT put motor vehicle batteries in the trash."; "Recycle your used batteries."; and "State law requires us to accept motor vehicle batteries for recycling, in exchange for new batteries purchased.".

(b) Any person selling lead-acid batteries at retail in this State may either charge a recycling fee on each new lead-acid battery sold for which the customer does not return a used battery to the retailer, or provide a recycling credit to each customer who returns a used battery for recycling at the time of purchasing a new one.

(c) Beginning September 1, 1990, no lead-acid battery retailer may dispose of a used lead-acid battery except by delivering it (1) to a battery wholesaler or its agent, (2) to a battery manufacturer, (3) to a collection or recycling facility that accepts lead-acid batteries, or (4) to a secondary lead smelter permitted by either a state or federal environmental agency.

(d) Any person selling lead-acid batteries at wholesale or offering lead-acid batteries for sale at wholesale shall accept for recycling used lead-acid batteries from customers, at the point of transfer, in a quantity equal to the number of new batteries purchased. Such used batteries shall be disposed of as provided in subsection (c).

(e) A person who accepts used lead-acid batteries for recycling pursuant to subsection (a) or (d) shall not allow such batteries to accumulate for periods of more than 90 days.

(f) Beginning September 1, 1990, no person may knowingly cause or allow:

(1) the placing of a lead-acid battery into any container intended for collection and disposal at a municipal waste sanitary landfill; or

(2) the disposal of any lead-acid battery in any municipal waste sanitary landfill or incinerator.

(f-5) Beginning January 1, 2020, no person shall knowingly mix a lead-acid battery with any other material intended for collection as a recyclable material by a hauler.

Beginning January 1, 2020, no person shall knowingly place a lead-acid battery into a container intended for collection by a hauler for processing at a recycling center.

(g) (Blank).

(h) For the purpose of this Section:

"Lead-acid battery" means a battery containing lead and sulfuric acid that has a nominal voltage of at least 6 volts and is intended for use in motor vehicles.

"Motor vehicle" includes automobiles, vans, trucks, tractors, motorcycles and motorboats.

(i) (Blank.)

(j) Knowing violation of this Section shall be a petty offense punishable by a fine of $100.

(Source: P.A. 100-621, eff. 7-20-18.)

(415 ILCS 5/22.23d new)

Sec. 22.23d. Rechargeable batteries.

(a) "Rechargeable battery" means any dry cell battery containing an electrode composed of cadmium or lead, or any combination thereof, of any shape that is designed for reuse, and is capable of being recharged after repeated uses.

"Rechargeable battery" does not mean either of the following:

(1) Any dry cell battery that is used as the principal power source for transportation, including, but not limited to, automobiles, motorcycles, or boats.

(2) Any battery that is used only as a backup power source for memory or program instruction storage, timekeeping, or any similar purpose that requires uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily.

(b) Beginning January 1, 2020, no person shall knowingly mix a rechargeable battery that is intended for disposal at a sanitary landfill with any other municipal waste.

(c) Beginning January 1, 2020, no person shall knowingly mix a rechargeable battery with any other material intended for collection as a recyclable material by a hauler.

Beginning January 1, 2020, no person shall knowingly place a rechargeable battery into a container intended for collection by a hauler for processing at a recycling center.

(d) A home rule unit may not regulate the collection or disposal of rechargeable batteries. This subsection is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(e) The Agency shall include on its website information regarding the collection and recycling of rechargeable batteries and undertake other communications to educate the public regarding the collection and recycling of rechargeable batteries.

The Agency shall encourage the waste industry, recyclers, haulers, local governments, and other stakeholders to collaborate on educating the public regarding the collection and recycling of rechargeable batteries.

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