102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3985

 

Introduced 3/4/2021, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Renters' Right to Recycle Act. Requires owners of multifamily dwellings to arrange for recycling services that are appropriate to the multifamily dwelling, including, but not limited to, the provision of on-site paper, plastic, and aluminum recycling containers for tenants. Provides exceptions for multifamily dwellings with inadequate space for recycling containers, that do not have a solid waste enterprise providing recycling services that serve the location, or for which the cost of recycling services creates a financial hardship for the building owner. Directs the Environmental Protection Agency to implement, administer, and enforce the Act and adopt necessary rules. Allows residents of multifamily dwellings to file claims with the Agency stating that the owner of the unit in which the resident resides is in violation of the Act. Provides that violators of the Act's provisions may be assessed a civil penalty in an amount to be determined by the Agency. Provides that the Act does not interfere with or prevent a unit of local government from requiring recycling services for multifamily dwellings.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Renters' Right to Recycle Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) The provision of recycling services at residential
8    dwellings is one of the most effective means of increasing
9    the diversion and recycling of solid waste.
10        (2) The intent of this Act is to provide convenient
11    recycling opportunities for Illinoisans residing in
12    multifamily dwelling units who currently do not have
13    access to recycling services at their places of residence.
14        (3) This Act would bolster Illinois' leadership in
15    recycling and conservation and help the State achieve its
16    greenhouse gas reduction goals.
 
17    Section 10. Definitions.
18    "Agency" means the Environmental Protection Agency.
19    "Multifamily dwelling" means a dwelling which is either
20rented out to be occupied or is occupied as the residence or
21home of 5 or more families or persons living independently
22from each other.

 

 

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1    "Solid waste enterprise" means an individual, partnership,
2joint venture, unincorporated private association, or other
3business organization regularly engaged in the business of
4providing solid waste handling services.
5    "Solid waste handling services" means the collection,
6transportation, storage, transfer, or processing of solid
7waste for residential, commercial, institutional, or
8industrial users or customers.
 
9    Section 15. Recycling services for multifamily dwellings.
10The owner of a multifamily dwelling shall arrange for
11recycling services that are appropriate to the multifamily
12dwelling, including, but not limited to, the provision of
13on-site paper, plastic, and aluminum recycling containers for
14tenants, consistent with State and local law or requirements
15applicable to the collection, handling, or recycling of solid
16waste.
 
17    Section 20. Exceptions. An owner of a multifamily dwelling
18is not required to arrange for recycling services under this
19Act if any of the following apply:
20        (1) There is inadequate space for recycling
21    containers, as certified by a solid waste enterprise that
22    would otherwise serve the multifamily dwelling. The
23    certification required under this paragraph shall be
24    provided to the Agency, shall be valid for no more than 5

 

 

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1    years after the date of certification, and shall include
2    all of the following:
3            (A) the address of the multifamily dwelling;
4            (B) the name, address, telephone number, and email
5        address of the multifamily dwelling owner;
6            (C) the name, address, telephone number, business
7        license number, and email address of the solid waste
8        enterprise making the required certification;
9            (D) the date of certification; and
10            (E) the name and title of the person making the
11        certification.
12        (2) No solid waste enterprise providing recycling
13    services serves the multifamily dwelling.
14        (3) The cost of recycling services creates a financial
15    hardship for the multifamily dwelling owner. A multifamily
16    dwelling owner may claim a financial hardship under this
17    paragraph only if the recycling services result in a cost
18    increase of 30% or more over the cost of providing solid
19    waste services alone. A claim of financial hardship under
20    this paragraph shall be provided to the Agency, shall be
21    valid for no more than 5 years after the date of the claim,
22    and shall include all of the following:
23            (A) the address of the multifamily dwelling;
24            (B) the name, address, telephone number, and email
25        address of the multifamily dwelling owner;
26            (C) the name, address, telephone number, business

 

 

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1        license number, and email address of the solid waste
2        enterprise making the required certification;
3            (D) the date of certification; and
4            (E) the name and title of the person making the
5        certification.
 
6    Section 25. Administration and enforcement; rules;
7resident complaints.
8    (a) The Agency shall implement, administer, and enforce
9this Act and may adopt any rules necessary for its
10implementation, administration, or enforcement.
11    (b) A resident of a multifamily dwelling may file a claim
12with the Agency stating that the owner of the unit in which the
13resident resides is in violation of this Act.
 
14    Section 30. Violations. Any person who violates this Act,
15or any rule adopted by the Agency under this Act, may be
16assessed a civil penalty by the Agency in an amount to be
17determined by the Agency.
 
18    Section 35. Units of local government. This Act does not
19interfere with or prevent a unit of local government from
20requiring recycling services for multifamily dwellings.