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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Paint | ||||||
5 | Stewardship Act. | ||||||
6 | Section 5. Findings. The General Assembly finds that: | ||||||
7 | (1) Leftover architectural paints present significant | ||||||
8 | waste management issues for counties and municipalities and | ||||||
9 | create costly environmental, health, and safety risks if not | ||||||
10 | properly managed. | ||||||
11 | (2) Nationally, an estimated 10% of architectural paint | ||||||
12 | purchased by consumers is leftover. Current governmental | ||||||
13 | programs collect only a fraction of the potential leftover | ||||||
14 | paint for proper reuse, recycling, or disposal. In northern | ||||||
15 | Illinois, there are only 4 permanent household hazardous waste | ||||||
16 | facilities, and these facilities do not typically accept latex | ||||||
17 | paint, which is the most common paint purchased by consumers. | ||||||
18 | (3) It is in the best interest of this State for paint | ||||||
19 | manufacturers to assume responsibility for the development and | ||||||
20 | implementation of a cost-effective paint stewardship program | ||||||
21 | that will educate consumers on strategies to reduce the | ||||||
22 | generation of leftover paint; provide opportunities to reuse | ||||||
23 | leftover paint; and collect, transport, and process leftover |
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1 | paint for end-of-life management, including reuse, recycling, | ||||||
2 | and disposal. Requiring paint manufacturers to assume | ||||||
3 | responsibility for the collection, recycling, reuse, | ||||||
4 | transportation, and disposal of leftover paint will provide | ||||||
5 | more opportunities for consumers to properly manage their | ||||||
6 | leftover paint, provide fiscal relief for this State and local | ||||||
7 | governments in managing leftover paint, keep paint out of the | ||||||
8 | waste stream, and conserve natural resources. | ||||||
9 | (4) Similar architectural paint stewardship programs | ||||||
10 | currently operate in 11 jurisdictions and successfully divert | ||||||
11 | a significant portion of the collected paint waste from | ||||||
12 | landfills. These paint stewardship programs are saving | ||||||
13 | counties and municipalities the cost of managing paint waste | ||||||
14 | and have been successful at recycling leftover paint into | ||||||
15 | recycled paint products as well as other products. For | ||||||
16 | instance, in the State of Oregon, 64% of the latex paint | ||||||
17 | collected in the 2019-2020 fiscal year was recycled into paint | ||||||
18 | products, and in Minnesota, 48% of the latex paint collected | ||||||
19 | during the same period was reused or recycled into paint | ||||||
20 | products. Given the lack of access to architectural paint | ||||||
21 | collection programs in Illinois, especially for leftover latex | ||||||
22 | architectural paint, and the demonstrated ability of the paint | ||||||
23 | industry to collect and recycle a substantial portion of | ||||||
24 | leftover architectural paint, this legislation is necessary. | ||||||
25 | It will create a statewide program that diverts a significant | ||||||
26 | portion of paint waste from landfills and facilitates the |
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1 | recycling of leftover paint into paint and other products. | ||||||
2 | (5) Establishing a paint stewardship program in Illinois | ||||||
3 | will create jobs as the marketplace adjusts to the needs of a | ||||||
4 | robust program that requires transporters and processors. | ||||||
5 | Certain infrastructure already exists in the State, and the | ||||||
6 | program may attract additional resources. | ||||||
7 | (6) Legislation is needed to establish this program in | ||||||
8 | part because of the risk of antitrust lawsuits. The program | ||||||
9 | involves activities by competitors in the paint industry and | ||||||
10 | may affect the costs or prices of those competitors. As | ||||||
11 | construed by the courts, the antitrust laws impose severe | ||||||
12 | constraints on concerted action by competitors that affect | ||||||
13 | costs or prices. Absent State legislation, participation in | ||||||
14 | this program would entail an unacceptable risk of class action | ||||||
15 | lawsuits. These risks can be mitigated by legislation that | ||||||
16 | would bar application of federal antitrust law under the | ||||||
17 | "state action" doctrine. Under that doctrine, federal | ||||||
18 | antitrust law does not apply to conduct that is (1) undertaken | ||||||
19 | pursuant to a clearly expressed and affirmatively articulated | ||||||
20 | state policy to displace or limit competition and (2) actively | ||||||
21 | supervised by the state.
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22 | (7) To ensure that this defense will be available to | ||||||
23 | protect participants in the program, it is important for this | ||||||
24 | State's legislation to be specific about the conduct it is | ||||||
25 | authorizing and to express clearly that the State is | ||||||
26 | authorizing that conduct pursuant to a conscious policy |
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1 | decision to limit the unfettered operation of market forces. | ||||||
2 | It is also critical for the legislation to provide for active | ||||||
3 | supervision of the conduct that might otherwise be subject to | ||||||
4 | antitrust attack. In particular, the legislation must provide | ||||||
5 | for active supervision of the decisions concerning the | ||||||
6 | assessments that will fund the program. A clear articulation | ||||||
7 | of the State's purposes and policies and provisions for active | ||||||
8 | State supervision of the program will ensure that industry | ||||||
9 | participation in the program will not trigger litigation. | ||||||
10 | (8) To ensure that the costs of the program are | ||||||
11 | distributed in an equitable and competitively neutral manner, | ||||||
12 | the program will be funded through an assessment on each | ||||||
13 | container of paint sold in this State. That assessment will be | ||||||
14 | sufficient to recover, but not exceed, the costs of sustaining | ||||||
15 | the program and will be reviewed and approved by the | ||||||
16 | Environmental Protection Agency. Funds collected through the | ||||||
17 | assessment will be used by the representative organization to | ||||||
18 | operate and sustain the program.
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19 | Section 10. Definitions. In this Act: | ||||||
20 | "Agency" means the Environmental Protection Agency. | ||||||
21 | "Architectural paint" means interior and exterior | ||||||
22 | architectural coatings sold in containers of 5 gallons or | ||||||
23 | less. "Architectural paint" does not include industrial | ||||||
24 | original equipment or specialty coatings. | ||||||
25 | "Collection site" means any location, place, tract of |
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1 | land, or facility or improvement at which architectural paint | ||||||
2 | is accepted into a postconsumer paint collection program | ||||||
3 | pursuant to a postconsumer paint collection program plan. | ||||||
4 | "Environmentally sound management practices" means | ||||||
5 | procedures for the collection, storage, transportation, reuse, | ||||||
6 | recycling, and disposal of architectural paint in a manner | ||||||
7 | that complies with all applicable federal, State, and local | ||||||
8 | laws and any rules, regulations, and ordinances for the | ||||||
9 | protection of human health and the environment. These | ||||||
10 | procedures shall address adequate recordkeeping, tracking and | ||||||
11 | documenting of the final disposition of materials, and | ||||||
12 | environmental liability coverage for the representative | ||||||
13 | organization. | ||||||
14 | "Household waste" has the meaning given to that term in | ||||||
15 | Section 3.230 of the Environmental Protection Act. | ||||||
16 | "Manufacturer" means a manufacturer of architectural paint | ||||||
17 | who sells, offers for sale, or distributes the architectural | ||||||
18 | paint in the State under the manufacturer's own name or brand | ||||||
19 | or another brand. "Manufacturer" does not include a retailer | ||||||
20 | that trademarks or owns a brand of architectural paint that is | ||||||
21 | sold, offered for sale, or distributed within or into this | ||||||
22 | State and that is manufactured by a person other than a | ||||||
23 | retailer. | ||||||
24 | "Person" has the meaning given to that term in Section | ||||||
25 | 3.315 of the Environmental Protection Act. | ||||||
26 | "Postconsumer paint" means architectural paint not used |
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1 | and no longer wanted by a purchaser. | ||||||
2 | "Program" means the postconsumer paint stewardship program | ||||||
3 | established pursuant to Section 15. | ||||||
4 | "Recycling" has the meaning given to that term in Section | ||||||
5 | 3.380 of the Environmental Protection Act. | ||||||
6 | "Representative organization" means a nonprofit | ||||||
7 | organization established by one or more manufacturers to | ||||||
8 | implement a postconsumer paint stewardship program under this | ||||||
9 | Act. | ||||||
10 | "Retailer" means a person that sells or offers to sell at | ||||||
11 | retail in this State architectural paint. | ||||||
12 | "Very small quantity generator" has the meaning given to | ||||||
13 | that term in 40 CFR 260.10.
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14 | Section 15. Paint stewardship program plan. | ||||||
15 | (a) Each manufacturer of architectural paint sold or | ||||||
16 | offered for sale at retail in the State shall submit to the | ||||||
17 | Agency a plan for the establishment of a postconsumer paint | ||||||
18 | stewardship program. The program shall seek to reduce the | ||||||
19 | generation of postconsumer paint, promote its reuse and | ||||||
20 | recycling, and manage the postconsumer paint waste stream | ||||||
21 | using environmentally sound management practices. | ||||||
22 | (b) A plan submitted under this Section shall: | ||||||
23 | (1) Provide a list of participating manufacturers and | ||||||
24 | brands covered by the program. | ||||||
25 | (2) Provide information on the architectural paint |
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1 | products covered under the program, such as interior or | ||||||
2 | exterior water-based and oil-based coatings, primers, | ||||||
3 | sealers, or wood coatings. | ||||||
4 | (3) Describe how it will provide for the statewide | ||||||
5 | collection of postconsumer architectural paint in the | ||||||
6 | State. The manufacturer or representative organization may | ||||||
7 | coordinate the program with existing household hazardous | ||||||
8 | waste collection infrastructure as is mutually agreeable | ||||||
9 | with the person operating the household waste collection | ||||||
10 | infrastructure. | ||||||
11 | (4) Provide a goal of sufficient number and geographic | ||||||
12 | distribution of collection sites, collection services, or | ||||||
13 | collection events for postconsumer architectural paint to | ||||||
14 | meet the following criteria: | ||||||
15 | (A) at least 90% of State residents shall have a | ||||||
16 | collection site, collection service, or collection | ||||||
17 | event within a 15-mile radius; and | ||||||
18 | (B) at least one collection site, collection | ||||||
19 | service, or collection event for every 50,000 | ||||||
20 | residents of the State. | ||||||
21 | (5) Describe how postconsumer paint will be managed | ||||||
22 | using the following strategies: reuse, recycling, and | ||||||
23 | disposal. | ||||||
24 | (6) Describe education and outreach efforts to inform | ||||||
25 | consumers about the program. These efforts should include: | ||||||
26 | (A) information about collection opportunities for |
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1 | postconsumer paint; | ||||||
2 | (B) information about the fee for the operation of | ||||||
3 | the program that shall be included in the purchase | ||||||
4 | price of all architectural paint sold in the State; | ||||||
5 | and | ||||||
6 | (C) efforts to promote the source reduction, | ||||||
7 | reuse, and recycling of architectural paint. | ||||||
8 | (7) Include a certification from an independent | ||||||
9 | auditor that any added fee to paint sold in the State as a | ||||||
10 | result of the postconsumer paint stewardship program does | ||||||
11 | not exceed the costs to operate and sustain the program in | ||||||
12 | accordance with sound management practices. The | ||||||
13 | independent auditor shall verify that the amount added to | ||||||
14 | each unit of paint will cover the costs and sustain the | ||||||
15 | postconsumer paint stewardship program. | ||||||
16 | (8) Describe how the paint stewardship program will | ||||||
17 | incorporate and compensate service providers for | ||||||
18 | activities conducted under the program that may include: | ||||||
19 | (A) the collection of postconsumer architectural | ||||||
20 | paint and architectural paint containers through | ||||||
21 | permanent collection sites, collection events, or | ||||||
22 | curbside services; | ||||||
23 | (B) the reuse or processing of postconsumer | ||||||
24 | architectural paint at a permanent collection site; | ||||||
25 | and | ||||||
26 | (C) the transportation, recycling, and proper |
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1 | disposal of postconsumer architectural paint. | ||||||
2 | (c) Independent audits conducted for the purposes of this | ||||||
3 | Act must be conducted in accordance with generally accepted | ||||||
4 | auditing standards. The work product of the independent | ||||||
5 | auditor shall be submitted to the Agency as part of the annual | ||||||
6 | report required by Section 40. The cost of any work performed | ||||||
7 | by the independent auditor shall be funded by the program. | ||||||
8 | (d) Not later than 60 days after submission of the plan | ||||||
9 | under this Section, the Agency shall determine in writing | ||||||
10 | whether to approve the plan as submitted or disapprove the | ||||||
11 | plan. The Agency shall approve a plan if it contains all of the | ||||||
12 | information required under subsection (b). If the plan is | ||||||
13 | disapproved, the manufacturer or representative organization | ||||||
14 | shall resubmit a plan within 45 calendar days of receipt of the | ||||||
15 | notice of disapproval. | ||||||
16 | (e) If a manufacturer or representative organization | ||||||
17 | determines that the paint stewardship fee should be adjusted | ||||||
18 | because the independent audit reveals that the cost of | ||||||
19 | administering the program exceeds the revenues generated by | ||||||
20 | the paint stewardship fee, the manufacturer or representative | ||||||
21 | organization shall submit to the Agency a justification for | ||||||
22 | the adjustment as well as financial reports to support the | ||||||
23 | adjustment, including a 5-year projection of the financial | ||||||
24 | status of the organization. The submission shall include a | ||||||
25 | certification from an independent auditor that the proposed | ||||||
26 | fee adjustment will generate revenues necessary and sufficient |
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1 | to pay the program expenses, including any accumulated debt, | ||||||
2 | and develop a reasonable reserve level sufficient to sustain | ||||||
3 | the program. The Agency shall approve the fee adjustment if | ||||||
4 | the submission contains all of the information required under | ||||||
5 | this subsection. | ||||||
6 | (f) Within 45 calendar days after Agency approval of a | ||||||
7 | plan, the Agency shall post on its website, and the | ||||||
8 | manufacturer or representative organization shall post on its | ||||||
9 | website, the names of the manufacturers participating in the | ||||||
10 | plan, the brands of architectural paint covered by the | ||||||
11 | program, and a copy of the plan. | ||||||
12 | (g) Each manufacturer under the plan shall include in the | ||||||
13 | price of any architectural paint sold to retailers or | ||||||
14 | distributors in the State the per container amount of the fee | ||||||
15 | set forth in the plan or fee adjustment. If a representative | ||||||
16 | organization is implementing the plan for a manufacturer, the | ||||||
17 | manufacturer is responsible for filing, reporting, and | ||||||
18 | remitting the paint stewardship fee assessment for each | ||||||
19 | container of architectural paint to the representative | ||||||
20 | organization. A retailer or distributor shall not deduct the | ||||||
21 | amount of the fee from the purchase price of any paint it | ||||||
22 | sells. | ||||||
23 | Section 20. Incineration prohibited. No person shall | ||||||
24 | incinerate architectural paint collected pursuant to a paint | ||||||
25 | stewardship plan approved in accordance with Section 15. |
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1 | Section 25. Plan submission. The plan required by Section | ||||||
2 | 15 shall be submitted not later than 12 months after the | ||||||
3 | effective date of this Act. | ||||||
4 | Section 30. Sale of paint. | ||||||
5 | (a) A manufacturer or retailer shall not sell or offer for | ||||||
6 | sale architectural paint to any person in the State unless the | ||||||
7 | manufacturer of the paint brand or the manufacturer's | ||||||
8 | representative organization is implementing a paint | ||||||
9 | stewardship plan approved in accordance with Section 15. | ||||||
10 | (b) A retailer shall not be in violation of subsection (a) | ||||||
11 | if, on the date the architectural paint was sold or offered for | ||||||
12 | sale, the paint or the paint's manufacturer are listed on the | ||||||
13 | Agency's website pursuant to subsection (f) of Section 15. | ||||||
14 | (c) A paint collection site accepting paint for a program | ||||||
15 | approved under this Act shall not charge for the collection of | ||||||
16 | the paint when it is offered for collection. | ||||||
17 | (d) No retailer is required to participate in a paint | ||||||
18 | stewardship program as a collection site. A retailer may | ||||||
19 | participate as a paint collection site on a voluntary basis, | ||||||
20 | subject to the same terms, conditions, and requirements that | ||||||
21 | apply to any other collection site. | ||||||
22 | (e) Nothing in this Act shall require a retailer to track, | ||||||
23 | file, report, submit, or remit a paint stewardship assessment, | ||||||
24 | sales data, or any other information on behalf of a |
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1 | manufacturer, distributor, or representative organization.
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2 | Nothing in this Act prohibits a manufacturer and a retailer | ||||||
3 | from entering into remitter agreements. | ||||||
4 | Section 35. Liability. A manufacturer or representative | ||||||
5 | organization participating in a postconsumer paint stewardship | ||||||
6 | program shall not be liable for any claim of a violation of | ||||||
7 | antitrust, restraint of trade, unfair trade practice, or other | ||||||
8 | anticompetitive conduct arising from conduct undertaken in | ||||||
9 | accordance with the program. | ||||||
10 | Section 40. Annual report. By July 1, 2026, and each July 1 | ||||||
11 | thereafter, a manufacturer or representative organization | ||||||
12 | shall submit a report to the Agency that details the | ||||||
13 | implementation of the manufacturer's or representative | ||||||
14 | organization's program during the prior calendar year. The | ||||||
15 | report shall include: | ||||||
16 | (1) a description of the methods used to collect and | ||||||
17 | transport the postconsumer paint collected by the program; | ||||||
18 | (2) the volume and type of postconsumer paint | ||||||
19 | collected and a description of the methods used to process | ||||||
20 | the paint, including reuse, recycling, and other methods; | ||||||
21 | (3) samples of the educational materials provided to | ||||||
22 | consumers of architectural paint; and | ||||||
23 | (4) the total cost of the program and an independent | ||||||
24 | financial audit of the program. An independent financial |
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1 | auditor shall be chosen by the manufacturer or | ||||||
2 | representative organization. | ||||||
3 | The Agency and the manufacturer or manufacturer's | ||||||
4 | representative organization shall post a copy of each annual | ||||||
5 | report on their websites. | ||||||
6 | Section 45. Disclosure. Financial, production, or sales | ||||||
7 | data reported to the Agency by a manufacturer, retailer, or | ||||||
8 | representative organization is confidential business | ||||||
9 | information that is exempt from disclosure under the Freedom | ||||||
10 | of Information Act.
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11 | Section 50. Program plan submission fee. A manufacturer or | ||||||
12 | representative organization submitting a program plan shall | ||||||
13 | pay an administrative fee of $10,000 to the Agency at the time | ||||||
14 | of submission. | ||||||
15 | Section 55. Administration fee. By July 1, 2026, and each | ||||||
16 | July 1 thereafter, a manufacturer or representative | ||||||
17 | organization operating a stewardship program shall remit to | ||||||
18 | the Agency a $40,000 administration fee. | ||||||
19 | Section 57. Agency fees. All fees submitted to the Agency | ||||||
20 | under this Act shall be deposited into the Solid Waste | ||||||
21 | Management Fund to be used for costs associated with the | ||||||
22 | administration of this Act. |
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1 | Section 60. Implementation. Six months following the date | ||||||
2 | of the program approval, a manufacturer or representative | ||||||
3 | organization shall implement a postconsumer paint collection | ||||||
4 | plan approved in accordance with Section 15. | ||||||
5 | Section 65. Postconsumer paint from households and small | ||||||
6 | businesses. | ||||||
7 | (a) Delivery of leftover architectural paint by households | ||||||
8 | and very small quantity generators to a collection site is | ||||||
9 | authorized to the extent provided in the postconsumer paint | ||||||
10 | program approved in accordance with Section 15 and in | ||||||
11 | accordance with federal and State law, rules, and regulations. | ||||||
12 | (b) Collection sites shall accept and temporarily store | ||||||
13 | architectural paint from households and very small quantity | ||||||
14 | generators to the extent provided in the postconsumer paint | ||||||
15 | stewardship program approved in accordance with Section 15 and | ||||||
16 | in accordance with federal and State law, rules, and | ||||||
17 | regulations. | ||||||
18 | (c) Nothing in this Act shall be construed as restricting | ||||||
19 | the collection of architectural paint by a postconsumer paint | ||||||
20 | stewardship program where the collection is authorized under | ||||||
21 | any otherwise applicable hazardous waste or solid waste laws, | ||||||
22 | rules, or regulations. | ||||||
23 | (d) Nothing in this Act shall be construed to affect any | ||||||
24 | requirements applicable to any person under any otherwise |
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1 | applicable hazardous waste or solid waste laws, rules, or | ||||||
2 | regulations.
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3 | Section 70. Penalties. | ||||||
4 | (a) Any person who violates any provision of this Act is | ||||||
5 | liable for a civil penalty of $7,000 per violation, except | ||||||
6 | that the failure to register or pay a fee under this Act shall | ||||||
7 | cause the person who fails to register or pay the fee to be | ||||||
8 | liable for a civil penalty that is double the applicable | ||||||
9 | registration fee. | ||||||
10 | (b) The penalties provided for in this Section may be | ||||||
11 | recovered in a civil action brought in the name of the people | ||||||
12 | of the State of Illinois by the State's Attorney of the county | ||||||
13 | in which the violation occurred or by the Attorney General. | ||||||
14 | Any penalties collected under this Section in an action in | ||||||
15 | which the Attorney General has prevailed shall be deposited | ||||||
16 | into the Environmental Protection Trust Fund, to be used in | ||||||
17 | accordance with the provision of the Environmental Protection | ||||||
18 | Trust Fund Act. | ||||||
19 | (c) The Attorney General or the State's Attorney of a | ||||||
20 | county in which a violation occurs may institute a civil | ||||||
21 | action for an injunction, prohibitory or mandatory, to | ||||||
22 | restrain violations of this Act or to require such actions as | ||||||
23 | may be necessary to address violations of this Act. | ||||||
24 | (d) The penalties and injunctions provided in this Act are | ||||||
25 | in addition to any penalties, injunctions, or other relief |
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1 | provided under any other State law. Nothing in this Act bars a | ||||||
2 | cause of action by the State for any other penalty, | ||||||
3 | injunction, or other relief provided by any other law. | ||||||
4 | (e) Any person who knowingly makes a false, fictitious, or | ||||||
5 | fraudulent material statement, orally or in writing, to the | ||||||
6 | Agency, related to or required by this Act or any rule adopted | ||||||
7 | under this Act commits a Class 4 felony, and each such | ||||||
8 | statement or writing shall be considered a separate Class 4 | ||||||
9 | felony. A person who, after being convicted under this | ||||||
10 | subsection, violates this subsection a second or subsequent | ||||||
11 | time commits a Class 3 felony. | ||||||
12 | Section 905. The Freedom of Information Act is amended by | ||||||
13 | changing Section 7.5 as follows:
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14 | (5 ILCS 140/7.5)
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15 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
16 | by the statutes referenced below, the following shall be | ||||||
17 | exempt from inspection and copying: | ||||||
18 | (a) All information determined to be confidential | ||||||
19 | under Section 4002 of the Technology Advancement and | ||||||
20 | Development Act. | ||||||
21 | (b) Library circulation and order records identifying | ||||||
22 | library users with specific materials under the Library | ||||||
23 | Records Confidentiality Act. | ||||||
24 | (c) Applications, related documents, and medical |
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1 | records received by the Experimental Organ Transplantation | ||||||
2 | Procedures Board and any and all documents or other | ||||||
3 | records prepared by the Experimental Organ Transplantation | ||||||
4 | Procedures Board or its staff relating to applications it | ||||||
5 | has received. | ||||||
6 | (d) Information and records held by the Department of | ||||||
7 | Public Health and its authorized representatives relating | ||||||
8 | to known or suspected cases of sexually transmissible | ||||||
9 | disease or any information the disclosure of which is | ||||||
10 | restricted under the Illinois Sexually Transmissible | ||||||
11 | Disease Control Act. | ||||||
12 | (e) Information the disclosure of which is exempted | ||||||
13 | under Section 30 of the Radon Industry Licensing Act. | ||||||
14 | (f) Firm performance evaluations under Section 55 of | ||||||
15 | the Architectural, Engineering, and Land Surveying | ||||||
16 | Qualifications Based Selection Act. | ||||||
17 | (g) Information the disclosure of which is restricted | ||||||
18 | and exempted under Section 50 of the Illinois Prepaid | ||||||
19 | Tuition Act. | ||||||
20 | (h) Information the disclosure of which is exempted | ||||||
21 | under the State Officials and Employees Ethics Act, and | ||||||
22 | records of any lawfully created State or local inspector | ||||||
23 | general's office that would be exempt if created or | ||||||
24 | obtained by an Executive Inspector General's office under | ||||||
25 | that Act. | ||||||
26 | (i) Information contained in a local emergency energy |
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1 | plan submitted to a municipality in accordance with a | ||||||
2 | local emergency energy plan ordinance that is adopted | ||||||
3 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
4 | (j) Information and data concerning the distribution | ||||||
5 | of surcharge moneys collected and remitted by carriers | ||||||
6 | under the Emergency Telephone System Act. | ||||||
7 | (k) Law enforcement officer identification information | ||||||
8 | or driver identification information compiled by a law | ||||||
9 | enforcement agency or the Department of Transportation | ||||||
10 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
11 | (l) Records and information provided to a residential | ||||||
12 | health care facility resident sexual assault and death | ||||||
13 | review team or the Executive Council under the Abuse | ||||||
14 | Prevention Review Team Act. | ||||||
15 | (m) Information provided to the predatory lending | ||||||
16 | database created pursuant to Article 3 of the Residential | ||||||
17 | Real Property Disclosure Act, except to the extent | ||||||
18 | authorized under that Article. | ||||||
19 | (n) Defense budgets and petitions for certification of | ||||||
20 | compensation and expenses for court appointed trial | ||||||
21 | counsel as provided under Sections 10 and 15 of the | ||||||
22 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
23 | apply until the conclusion of the trial of the case, even | ||||||
24 | if the prosecution chooses not to pursue the death penalty | ||||||
25 | prior to trial or sentencing. | ||||||
26 | (o) Information that is prohibited from being |
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1 | disclosed under Section 4 of the Illinois Health and | ||||||
2 | Hazardous Substances Registry Act. | ||||||
3 | (p) Security portions of system safety program plans, | ||||||
4 | investigation reports, surveys, schedules, lists, data, or | ||||||
5 | information compiled, collected, or prepared by or for the | ||||||
6 | Department of Transportation under Sections 2705-300 and | ||||||
7 | 2705-616 of the Department of Transportation Law of the | ||||||
8 | Civil Administrative Code of Illinois, the Regional | ||||||
9 | Transportation Authority under Section 2.11 of the | ||||||
10 | Regional Transportation Authority Act, or the St. Clair | ||||||
11 | County Transit District under the Bi-State Transit Safety | ||||||
12 | Act. | ||||||
13 | (q) Information prohibited from being disclosed by the | ||||||
14 | Personnel Record Review Act. | ||||||
15 | (r) Information prohibited from being disclosed by the | ||||||
16 | Illinois School Student Records Act. | ||||||
17 | (s) Information the disclosure of which is restricted | ||||||
18 | under Section 5-108 of the Public Utilities Act.
| ||||||
19 | (t) All identified or deidentified health information | ||||||
20 | in the form of health data or medical records contained | ||||||
21 | in, stored in, submitted to, transferred by, or released | ||||||
22 | from the Illinois Health Information Exchange, and | ||||||
23 | identified or deidentified health information in the form | ||||||
24 | of health data and medical records of the Illinois Health | ||||||
25 | Information Exchange in the possession of the Illinois | ||||||
26 | Health Information Exchange Office due to its |
| |||||||
| |||||||
1 | administration of the Illinois Health Information | ||||||
2 | Exchange. The terms "identified" and "deidentified" shall | ||||||
3 | be given the same meaning as in the Health Insurance | ||||||
4 | Portability and Accountability Act of 1996, Public Law | ||||||
5 | 104-191, or any subsequent amendments thereto, and any | ||||||
6 | regulations promulgated thereunder. | ||||||
7 | (u) Records and information provided to an independent | ||||||
8 | team of experts under the Developmental Disability and | ||||||
9 | Mental Health Safety Act (also known as Brian's Law). | ||||||
10 | (v) Names and information of people who have applied | ||||||
11 | for or received Firearm Owner's Identification Cards under | ||||||
12 | the Firearm Owners Identification Card Act or applied for | ||||||
13 | or received a concealed carry license under the Firearm | ||||||
14 | Concealed Carry Act, unless otherwise authorized by the | ||||||
15 | Firearm Concealed Carry Act; and databases under the | ||||||
16 | Firearm Concealed Carry Act, records of the Concealed | ||||||
17 | Carry Licensing Review Board under the Firearm Concealed | ||||||
18 | Carry Act, and law enforcement agency objections under the | ||||||
19 | Firearm Concealed Carry Act. | ||||||
20 | (v-5) Records of the Firearm Owner's Identification | ||||||
21 | Card Review Board that are exempted from disclosure under | ||||||
22 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
23 | (w) Personally identifiable information which is | ||||||
24 | exempted from disclosure under subsection (g) of Section | ||||||
25 | 19.1 of the Toll Highway Act. | ||||||
26 | (x) Information which is exempted from disclosure |
| |||||||
| |||||||
1 | under Section 5-1014.3 of the Counties Code or Section | ||||||
2 | 8-11-21 of the Illinois Municipal Code. | ||||||
3 | (y) Confidential information under the Adult | ||||||
4 | Protective Services Act and its predecessor enabling | ||||||
5 | statute, the Elder Abuse and Neglect Act, including | ||||||
6 | information about the identity and administrative finding | ||||||
7 | against any caregiver of a verified and substantiated | ||||||
8 | decision of abuse, neglect, or financial exploitation of | ||||||
9 | an eligible adult maintained in the Registry established | ||||||
10 | under Section 7.5 of the Adult Protective Services Act. | ||||||
11 | (z) Records and information provided to a fatality | ||||||
12 | review team or the Illinois Fatality Review Team Advisory | ||||||
13 | Council under Section 15 of the Adult Protective Services | ||||||
14 | Act. | ||||||
15 | (aa) Information which is exempted from disclosure | ||||||
16 | under Section 2.37 of the Wildlife Code. | ||||||
17 | (bb) Information which is or was prohibited from | ||||||
18 | disclosure by the Juvenile Court Act of 1987. | ||||||
19 | (cc) Recordings made under the Law Enforcement | ||||||
20 | Officer-Worn Body Camera Act, except to the extent | ||||||
21 | authorized under that Act. | ||||||
22 | (dd) Information that is prohibited from being | ||||||
23 | disclosed under Section 45 of the Condominium and Common | ||||||
24 | Interest Community Ombudsperson Act. | ||||||
25 | (ee) Information that is exempted from disclosure | ||||||
26 | under Section 30.1 of the Pharmacy Practice Act. |
| |||||||
| |||||||
1 | (ff) Information that is exempted from disclosure | ||||||
2 | under the Revised Uniform Unclaimed Property Act. | ||||||
3 | (gg) Information that is prohibited from being | ||||||
4 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
5 | Code. | ||||||
6 | (hh) Records that are exempt from disclosure under | ||||||
7 | Section 1A-16.7 of the Election Code. | ||||||
8 | (ii) Information which is exempted from disclosure | ||||||
9 | under Section 2505-800 of the Department of Revenue Law of | ||||||
10 | the Civil Administrative Code of Illinois. | ||||||
11 | (jj) Information and reports that are required to be | ||||||
12 | submitted to the Department of Labor by registering day | ||||||
13 | and temporary labor service agencies but are exempt from | ||||||
14 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
15 | and Temporary Labor Services Act. | ||||||
16 | (kk) Information prohibited from disclosure under the | ||||||
17 | Seizure and Forfeiture Reporting Act. | ||||||
18 | (ll) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
20 | Aid Code. | ||||||
21 | (mm) Records that are exempt from disclosure under | ||||||
22 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
23 | (nn) Information that is exempt from disclosure under | ||||||
24 | Section 70 of the Higher Education Student Assistance Act. | ||||||
25 | (oo) Communications, notes, records, and reports | ||||||
26 | arising out of a peer support counseling session |
| |||||||
| |||||||
1 | prohibited from disclosure under the First Responders | ||||||
2 | Suicide Prevention Act. | ||||||
3 | (pp) Names and all identifying information relating to | ||||||
4 | an employee of an emergency services provider or law | ||||||
5 | enforcement agency under the First Responders Suicide | ||||||
6 | Prevention Act. | ||||||
7 | (qq) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives collected | ||||||
9 | under the Reproductive Health Act. | ||||||
10 | (rr) Information that is exempt from disclosure under | ||||||
11 | the Cannabis Regulation and Tax Act. | ||||||
12 | (ss) Data reported by an employer to the Department of | ||||||
13 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
14 | Human Rights Act. | ||||||
15 | (tt) Recordings made under the Children's Advocacy | ||||||
16 | Center Act, except to the extent authorized under that | ||||||
17 | Act. | ||||||
18 | (uu) Information that is exempt from disclosure under | ||||||
19 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
20 | (vv) Information that is exempt from disclosure under | ||||||
21 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
22 | Public Aid Code. | ||||||
23 | (ww) Information that is exempt from disclosure under | ||||||
24 | Section 16.8 of the State Treasurer Act. | ||||||
25 | (xx) Information that is exempt from disclosure or | ||||||
26 | information that shall not be made public under the |
| |||||||
| |||||||
1 | Illinois Insurance Code. | ||||||
2 | (yy) Information prohibited from being disclosed under | ||||||
3 | the Illinois Educational Labor Relations Act. | ||||||
4 | (zz) Information prohibited from being disclosed under | ||||||
5 | the Illinois Public Labor Relations Act. | ||||||
6 | (aaa) Information prohibited from being disclosed | ||||||
7 | under Section 1-167 of the Illinois Pension Code. | ||||||
8 | (bbb) Information that is prohibited from disclosure | ||||||
9 | by the Illinois Police Training Act and the Illinois State | ||||||
10 | Police Act. | ||||||
11 | (ccc) Records exempt from disclosure under Section
| ||||||
12 | 2605-304 of the Illinois State Police Law of the Civil
| ||||||
13 | Administrative Code of Illinois. | ||||||
14 | (ddd) Information prohibited from being disclosed | ||||||
15 | under Section 35 of the Address Confidentiality for | ||||||
16 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
17 | Trafficking, or Stalking Act. | ||||||
18 | (eee) Information prohibited from being disclosed | ||||||
19 | under subsection (b) of Section 75 of the Domestic | ||||||
20 | Violence Fatality Review Act. | ||||||
21 | (fff) Images from cameras under the Expressway Camera | ||||||
22 | Act. This subsection (fff) is inoperative on and after | ||||||
23 | July 1, 2023. | ||||||
24 | (ggg) Information prohibited from disclosure under | ||||||
25 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
26 | Agency Licensing Act. |
| |||||||
| |||||||
1 | (hhh) Information submitted to the Illinois Department | ||||||
2 | of State Police in an affidavit or application for an | ||||||
3 | assault weapon endorsement, assault weapon attachment | ||||||
4 | endorsement, .50 caliber rifle endorsement, or .50 caliber | ||||||
5 | cartridge endorsement under the Firearm Owners | ||||||
6 | Identification Card Act. | ||||||
7 | (iii) Confidential business information prohibited | ||||||
8 | from disclosure under Section 45 of the Paint Stewardship | ||||||
9 | Act. | ||||||
10 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
11 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
12 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
13 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
14 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
15 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
16 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
17 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
18 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | ||||||
19 | 2-13-23.) | ||||||
20 | Section 910. The Environmental Protection Act is amended | ||||||
21 | by changing Section 22.25 as follows:
| ||||||
22 | (415 ILCS 5/22.15)
| ||||||
23 | Sec. 22.15. Solid Waste Management Fund; fees.
| ||||||
24 | (a) There is hereby created within the State Treasury a
|
| |||||||
| |||||||
1 | special fund to be known as the Solid Waste Management Fund, to | ||||||
2 | be
constituted from the fees collected by the State pursuant | ||||||
3 | to this Section,
from repayments of loans made from the Fund | ||||||
4 | for solid waste projects, from registration fees collected | ||||||
5 | pursuant to the Consumer Electronics Recycling Act, from fees | ||||||
6 | collected under the Paint Stewardship Act, and from amounts | ||||||
7 | transferred into the Fund pursuant to Public Act 100-433.
| ||||||
8 | Moneys received by either the Agency or the Department of | ||||||
9 | Commerce and Economic Opportunity
in repayment of loans made | ||||||
10 | pursuant to the Illinois Solid Waste Management
Act shall be | ||||||
11 | deposited into the General Revenue Fund.
| ||||||
12 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
13 | set forth herein from the owner or operator of each sanitary
| ||||||
14 | landfill permitted or required to be permitted by the Agency | ||||||
15 | to dispose of
solid waste if the sanitary landfill is located | ||||||
16 | off the site where such waste
was produced and if such sanitary | ||||||
17 | landfill is owned, controlled, and operated
by a person other | ||||||
18 | than the generator of such waste. The Agency shall deposit
all | ||||||
19 | fees collected into the Solid Waste Management Fund. If a site | ||||||
20 | is
contiguous to one or more landfills owned or operated by the | ||||||
21 | same person, the
volumes permanently disposed of by each | ||||||
22 | landfill shall be combined for purposes
of determining the fee | ||||||
23 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
24 | first day of each month thereafter during fiscal years 2019 | ||||||
25 | through 2023, the State Comptroller shall direct and State | ||||||
26 | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
| |||||||
| |||||||
1 | per fiscal year from the Solid Waste Management Fund to the | ||||||
2 | General Revenue Fund.
| ||||||
3 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
4 | solid waste is
permanently disposed of at a site in a | ||||||
5 | calendar year, the owner or operator
shall either pay a | ||||||
6 | fee of 95 cents per cubic yard or,
alternatively, the | ||||||
7 | owner or operator may weigh the quantity of the solid | ||||||
8 | waste
permanently disposed of with a device for which | ||||||
9 | certification has been obtained
under the Weights and | ||||||
10 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
11 | permanently disposed of. In no case shall the fee | ||||||
12 | collected
or paid by the owner or operator under this | ||||||
13 | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
14 | (2) If more than 100,000 cubic yards but not more than | ||||||
15 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
16 | disposed of at a site in a calendar
year, the owner or | ||||||
17 | operator shall pay a fee of $52,630.
| ||||||
18 | (3) If more than 50,000 cubic yards but not more than | ||||||
19 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
20 | permanently disposed of at a site
in a calendar year, the | ||||||
21 | owner or operator shall pay a fee of $23,790.
| ||||||
22 | (4) If more than 10,000 cubic yards but not more than | ||||||
23 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
24 | permanently disposed of at a site
in a calendar year, the | ||||||
25 | owner or operator shall pay a fee of $7,260.
| ||||||
26 | (5) If not more than 10,000 cubic yards of |
| |||||||
| |||||||
1 | non-hazardous solid waste is
permanently disposed of at a | ||||||
2 | site in a calendar year, the owner or operator
shall pay a | ||||||
3 | fee of $1050.
| ||||||
4 | (c) (Blank).
| ||||||
5 | (d) The Agency shall establish rules relating to the | ||||||
6 | collection of the
fees authorized by this Section. Such rules | ||||||
7 | shall include, but not be
limited to:
| ||||||
8 | (1) necessary records identifying the quantities of | ||||||
9 | solid waste received
or disposed;
| ||||||
10 | (2) the form and submission of reports to accompany | ||||||
11 | the payment of fees
to the Agency;
| ||||||
12 | (3) the time and manner of payment of fees to the | ||||||
13 | Agency, which payments
shall not be more often than | ||||||
14 | quarterly; and
| ||||||
15 | (4) procedures setting forth criteria establishing | ||||||
16 | when an owner or
operator may measure by weight or volume | ||||||
17 | during any given quarter or other
fee payment period.
| ||||||
18 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
19 | Waste Management
Fund shall be used by the Agency for the | ||||||
20 | purposes set forth in this Section and in the Illinois
Solid | ||||||
21 | Waste Management Act, including for the costs of fee | ||||||
22 | collection and
administration, for administration of the Paint | ||||||
23 | Stewardship Act, and for the administration of the Consumer | ||||||
24 | Electronics Recycling Act and the Drug Take-Back Act.
| ||||||
25 | (f) The Agency is authorized to enter into such agreements | ||||||
26 | and to
promulgate such rules as are necessary to carry out its |
| |||||||
| |||||||
1 | duties under this
Section and the Illinois Solid Waste | ||||||
2 | Management Act.
| ||||||
3 | (g) On the first day of January, April, July, and October | ||||||
4 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
5 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
6 | Management Fund to the Hazardous Waste
Fund. Moneys | ||||||
7 | transferred under this subsection (g) shall be used only for | ||||||
8 | the
purposes set forth in item (1) of subsection (d) of Section | ||||||
9 | 22.2.
| ||||||
10 | (h) The Agency is authorized to provide financial | ||||||
11 | assistance to units of
local government for the performance of | ||||||
12 | inspecting, investigating , and
enforcement activities pursuant | ||||||
13 | to subsection (r) of Section 4 Section 4(r) at nonhazardous | ||||||
14 | solid
waste disposal sites.
| ||||||
15 | (i) The Agency is authorized to conduct household waste | ||||||
16 | collection and
disposal programs.
| ||||||
17 | (j) A unit of local government, as defined in the Local | ||||||
18 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
19 | facility is located may establish a fee,
tax, or surcharge | ||||||
20 | with regard to the permanent disposal of solid waste.
All | ||||||
21 | fees, taxes, and surcharges collected under this subsection | ||||||
22 | shall be
utilized for solid waste management purposes, | ||||||
23 | including long-term monitoring
and maintenance of landfills, | ||||||
24 | planning, implementation, inspection, enforcement
and other | ||||||
25 | activities consistent with the Solid Waste Management Act and | ||||||
26 | the
Local Solid Waste Disposal Act, or for any other |
| |||||||
| |||||||
1 | environment-related purpose,
including, but not limited to, an | ||||||
2 | environment-related public works project, but
not for the | ||||||
3 | construction of a new pollution control facility other than a
| ||||||
4 | household hazardous waste facility. However, the total fee, | ||||||
5 | tax or surcharge
imposed by all units of local government | ||||||
6 | under this subsection (j) upon the
solid waste disposal | ||||||
7 | facility shall not exceed:
| ||||||
8 | (1) 60ยข per cubic yard if more than 150,000 cubic | ||||||
9 | yards of non-hazardous
solid waste is permanently disposed | ||||||
10 | of at the site in a calendar year, unless
the owner or | ||||||
11 | operator weighs the quantity of the solid waste received | ||||||
12 | with a
device for which certification has been obtained | ||||||
13 | under the Weights and Measures
Act, in which case the fee | ||||||
14 | shall not exceed $1.27 per ton of solid waste
permanently | ||||||
15 | disposed of.
| ||||||
16 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
17 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
18 | permanently disposed of at the site in a calendar year.
| ||||||
19 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
20 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
21 | waste is
permanently disposed of at the site in a calendar | ||||||
22 | year.
| ||||||
23 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
24 | more than 50,000 cubic yards, of non-hazardous solid waste
| ||||||
25 | is permanently disposed of at the site in a calendar year.
| ||||||
26 | (5) $650 if not more than 10,000 cubic
yards of |
| |||||||
| |||||||
1 | non-hazardous solid waste is permanently disposed of at | ||||||
2 | the site in
a calendar year.
| ||||||
3 | The corporate authorities of the unit of local government
| ||||||
4 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
5 | highway
commissioner whose road district lies wholly or | ||||||
6 | partially within the
corporate limits of the unit of local | ||||||
7 | government for expenses incurred in
the removal of | ||||||
8 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
9 | public property in violation of a State law or local | ||||||
10 | ordinance.
| ||||||
11 | For the disposal of solid waste from general construction
| ||||||
12 | or demolition debris recovery facilities as defined in | ||||||
13 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
14 | surcharge imposed by
all units of local government under this | ||||||
15 | subsection (j) upon
the solid waste disposal facility shall | ||||||
16 | not exceed 50% of the
applicable amount set forth above. A unit | ||||||
17 | of local government,
as defined in the Local Solid Waste | ||||||
18 | Disposal Act, in which a
general construction or demolition | ||||||
19 | debris recovery facility is
located may establish a fee, tax, | ||||||
20 | or surcharge on the general construction or demolition debris | ||||||
21 | recovery facility with
regard to the permanent disposal of | ||||||
22 | solid waste by the
general construction or demolition debris | ||||||
23 | recovery facility at
a solid waste disposal facility, provided | ||||||
24 | that such fee, tax,
or surcharge shall not exceed 50% of the | ||||||
25 | applicable amount set
forth above, based on the total amount | ||||||
26 | of solid waste transported from the general construction or |
| |||||||
| |||||||
1 | demolition debris recovery facility for disposal at solid | ||||||
2 | waste disposal facilities, and the unit of local government | ||||||
3 | and fee shall be
subject to all other requirements of this | ||||||
4 | subsection (j). | ||||||
5 | A county or Municipal Joint Action Agency that imposes a | ||||||
6 | fee, tax, or
surcharge under this subsection may use the | ||||||
7 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
8 | or partially within its boundaries for expenses
incurred in | ||||||
9 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
10 | been
dumped on public property in violation of a State law or | ||||||
11 | local ordinance.
| ||||||
12 | If the fees are to be used to conduct a local sanitary | ||||||
13 | landfill
inspection or enforcement program, the unit of local | ||||||
14 | government must enter
into a written delegation agreement with | ||||||
15 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
16 | local government and the Agency shall enter
into such a | ||||||
17 | written delegation agreement within 60 days after the
| ||||||
18 | establishment of such fees. At least annually,
the Agency | ||||||
19 | shall conduct an audit of the expenditures made by units of | ||||||
20 | local
government from the funds granted by the Agency to the | ||||||
21 | units of local
government for purposes of local sanitary | ||||||
22 | landfill inspection and enforcement
programs, to ensure that | ||||||
23 | the funds have been expended for the prescribed
purposes under | ||||||
24 | the grant.
| ||||||
25 | The fees, taxes or surcharges collected under this | ||||||
26 | subsection (j) shall
be placed by the unit of local government |
| |||||||
| |||||||
1 | in a separate fund, and the
interest received on the moneys in | ||||||
2 | the fund shall be credited to the fund. The
monies in the fund | ||||||
3 | may be accumulated over a period of years to be
expended in | ||||||
4 | accordance with this subsection.
| ||||||
5 | A unit of local government, as defined in the Local Solid | ||||||
6 | Waste Disposal
Act, shall prepare and post on its website, in | ||||||
7 | April of each year, a
report that details spending plans for | ||||||
8 | monies collected in accordance with
this subsection. The | ||||||
9 | report will at a minimum include the following:
| ||||||
10 | (1) The total monies collected pursuant to this | ||||||
11 | subsection.
| ||||||
12 | (2) The most current balance of monies collected | ||||||
13 | pursuant to this
subsection.
| ||||||
14 | (3) An itemized accounting of all monies expended for | ||||||
15 | the previous year
pursuant to this subsection.
| ||||||
16 | (4) An estimation of monies to be collected for the | ||||||
17 | following 3
years pursuant to this subsection.
| ||||||
18 | (5) A narrative detailing the general direction and | ||||||
19 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
20 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
21 | and under
subsection (k) of this Section, shall be applicable | ||||||
22 | to any fee,
tax or surcharge imposed under this subsection | ||||||
23 | (j); except that the fee,
tax or surcharge authorized to be | ||||||
24 | imposed under this subsection (j) may be
made applicable by a | ||||||
25 | unit of local government to the permanent disposal of
solid | ||||||
26 | waste after December 31, 1986, under any contract lawfully |
| |||||||
| |||||||
1 | executed
before June 1, 1986 under which more than 150,000 | ||||||
2 | cubic yards (or 50,000 tons)
of solid waste is to be | ||||||
3 | permanently disposed of, even though the waste is
exempt from | ||||||
4 | the fee imposed by the State under subsection (b) of this | ||||||
5 | Section
pursuant to an exemption granted under Section 22.16.
| ||||||
6 | (k) In accordance with the findings and purposes of the | ||||||
7 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
8 | the fee under subsection
(b) and the fee, tax or surcharge | ||||||
9 | under subsection (j) shall not apply to:
| ||||||
10 | (1) waste which is hazardous waste;
| ||||||
11 | (2) waste which is pollution control waste;
| ||||||
12 | (3) waste from recycling, reclamation or reuse | ||||||
13 | processes which have been
approved by the Agency as being | ||||||
14 | designed to remove any contaminant from
wastes so as to | ||||||
15 | render such wastes reusable, provided that the process
| ||||||
16 | renders at least 50% of the waste reusable; the exemption | ||||||
17 | set forth in this paragraph (3) of this subsection (k) | ||||||
18 | shall not apply to general construction or demolition | ||||||
19 | debris recovery
facilities as defined in subsection (a-1) | ||||||
20 | of Section 3.160;
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21 | (4) non-hazardous solid waste that is received at a | ||||||
22 | sanitary landfill
and composted or recycled through a | ||||||
23 | process permitted by the Agency; or
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24 | (5) any landfill which is permitted by the Agency to | ||||||
25 | receive only
demolition or construction debris or | ||||||
26 | landscape waste.
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1 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
2 | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||||||
3 | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | ||||||
4 | 102-1055, eff. 6-10-22; revised 8-25-22.)
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