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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 | ||||||
5 | Statewide Recycling Needs Assessment Act. | ||||||
6 | Section 5. Findings and purpose. The General Assembly | ||||||
7 | finds that: | ||||||
8 | (1) Recycling rates have been stagnant in Illinois for | ||||||
9 | over 15 years. Many Illinois counties continue to fall short | ||||||
10 | of the long-standing recycling goal of 25% established in 1988 | ||||||
11 | in the Solid Waste Planning and Recycling Act. | ||||||
12 | (2) In Illinois, more than 40% (over 7,000,000 tons per | ||||||
13 | year) of municipal solid waste disposed of in landfills is | ||||||
14 | comprised of packaging and paper products. Of this amount, | ||||||
15 | nearly 80% consists of materials commonly collected in | ||||||
16 | curbside recycling programs in areas of the State with mature | ||||||
17 | recycling programs. The remainder includes packaging products | ||||||
18 | such as polystyrene, #3-#7 plastics, plastic bags, flexible | ||||||
19 | pouches, and other plastic films which are not currently | ||||||
20 | acceptable in curbside recycling and for which limited | ||||||
21 | drop-off recycling options exist.
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22 | (3) Consumers have limited sustainable purchasing choices. | ||||||
23 | Illinois residents are generating packaging and paper waste |
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1 | that is beyond their ability to reuse or recycle. Consumers | ||||||
2 | are also given confusing, inconsistent messages through | ||||||
3 | various means about which materials can be recycled, and thus | ||||||
4 | inadvertently create contamination in recycling streams. There | ||||||
5 | is widespread recycling fatigue and public skepticism about | ||||||
6 | the efficacy of recycling in Illinois.
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7 | (4) Volatility in global recycling markets due to import | ||||||
8 | restrictions such as the China National Sword policy, as well | ||||||
9 | as impacts on supply chains and material demand due to the | ||||||
10 | COVID-19 pandemic, have further challenged markets for | ||||||
11 | recycled materials and destabilized the recycling system in | ||||||
12 | the State.
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13 | (5) Significant and increasing quantities of plastics and | ||||||
14 | packaging materials are seen in the environment, including in | ||||||
15 | Illinois rivers, lakes, and streams. This pollution impacts | ||||||
16 | the drinking water, wildlife, and recreational value of vital | ||||||
17 | natural resources.
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18 | (6) Consumer brands are solely responsible for choices | ||||||
19 | about the types and amounts of packaging used to package | ||||||
20 | products. Units of local government and residents have borne | ||||||
21 | the costs of managing increasingly complex materials even | ||||||
22 | though they have no input in designing or bringing these | ||||||
23 | materials to market.
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24 | (7) Units of local government are expected to fund | ||||||
25 | collection and processing costs for an increasing volume of | ||||||
26 | packaging and paper products, and the cost of recycling |
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1 | programs continues to rise with the complexity of the material | ||||||
2 | stream that material recycling facilities are required to | ||||||
3 | manage. Furthermore, many multifamily residences and rural | ||||||
4 | areas of the State do not have access to adequate recycling | ||||||
5 | opportunities.
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6 | (8) As materials continue to be landfilled and littered, | ||||||
7 | lower-income and rural communities across the State bear | ||||||
8 | environmental, health, and economic consequences.
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9 | (9) By failing to reuse or recycle packaging and paper | ||||||
10 | products, Illinois loses economic value and green sector jobs. | ||||||
11 | Establishing postconsumer recycled content requirements for | ||||||
12 | rigid plastics will increase markets for this increasingly | ||||||
13 | common packaging material, reduce demand for natural | ||||||
14 | resources, and reduce greenhouse gas emissions.
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15 | (10) An assessment of current recycling and materials | ||||||
16 | management practices in the State, including evaluation of | ||||||
17 | collections, access to service, capacity, costs, gaps, and | ||||||
18 | needs associated with diverting packaging and paper products | ||||||
19 | from disposal, will provide needed information on current | ||||||
20 | conditions and support identification of future needs to | ||||||
21 | manage packaging and paper products in a sustainable, | ||||||
22 | environmentally protective, and cost-effective manner.
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23 | (11) The Statewide Recycling Needs Assessment will provide | ||||||
24 | data to facilitate future consideration of product stewardship | ||||||
25 | legislation for packaging and paper products.
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1 | Section 10. Definitions. In this Act: | ||||||
2 | "Advisory Council" means the Statewide Recycling Needs | ||||||
3 | Assessment Advisory Council established under Section 20.
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4 | "Agency" means the Environmental Protection Agency.
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5 | "Compost" has the meaning given to that term in Section | ||||||
6 | 3.150 of the Environmental Protection Act.
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7 | "Compostable material" means a material that is designed | ||||||
8 | to contact, contain, or carry a product that can be collected | ||||||
9 | for composting and that is capable of undergoing aerobic | ||||||
10 | biological decomposition in a controlled composting system as | ||||||
11 | demonstrated by meeting ASTM D6400, ASTM D6868, or any | ||||||
12 | successor standards.
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13 | "Composting rate" means the percentage of discarded | ||||||
14 | materials that are managed through composting. A composting | ||||||
15 | rate is calculated by dividing the total weight of all | ||||||
16 | packaging and paper products that are collected for composting | ||||||
17 | by the total weight of all packaging and paper products sold, | ||||||
18 | distributed, or served to consumers in the State during the | ||||||
19 | study period.
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20 | "Covered entity" means a person or entity responsible for: | ||||||
21 | (1) a single or multifamily residence, either | ||||||
22 | individually or jointly through a unit of local | ||||||
23 | government;
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24 | (2) a public or private school for grades kindergarten | ||||||
25 | through 12th grade;
| ||||||
26 | (3) a State or local government facility; or
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1 | (4) a public space, including, but not limited to, | ||||||
2 | public spaces, such as parks, trails, transit stations, | ||||||
3 | and pedestrian areas for which the State or a unit of local | ||||||
4 | government is responsible.
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5 | "Curbside recycling" means the collection of recyclable | ||||||
6 | materials from covered entities at the site where the | ||||||
7 | recyclable materials are generated.
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8 | "Director" means the Director of the Agency.
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9 | "Drop-off recycling" means the collection of recyclable | ||||||
10 | material from covered entities at one or more centralized | ||||||
11 | sites.
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12 | "Environmental justice community" means environmental | ||||||
13 | justice community as defined by the Illinois Solar for All | ||||||
14 | Program, as that definition is updated from time to time by the | ||||||
15 | Illinois Power Agency and the Administrator of the Illinois | ||||||
16 | Solar for All Program.
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17 | "Hauler" means a person who collects recyclable or | ||||||
18 | compostable materials and transports them to an MRF or compost | ||||||
19 | facility, or to an intermediate facility from which materials | ||||||
20 | are then transported to an MRF or compost facility.
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21 | "Material recovery facility" or "MRF" means a facility | ||||||
22 | where recyclable materials collected via curbside recycling or | ||||||
23 | drop-off recycling are consolidated and sorted for return to | ||||||
24 | the economic mainstream in the form of raw materials.
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25 | "Packaging" means a discrete material or category of | ||||||
26 | material, regardless of recyclability. "Packaging" includes, |
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1 | but is not limited to, a material type, such as paper, plastic, | ||||||
2 | glass, metal, or multi-material, that is:
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3 | (1) used to protect, contain, transport, or serve a | ||||||
4 | product;
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5 | (2) sold or supplied to consumers expressly for the | ||||||
6 | purpose of protecting, containing, transporting, or | ||||||
7 | serving products;
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8 | (3) attached to a product or its container for the | ||||||
9 | purpose of marketing or communicating information about | ||||||
10 | the product;
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11 | (4) supplied at the point of sale to facilitate the | ||||||
12 | delivery of the product; or
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13 | (5) supplied to or purchased by consumers expressly | ||||||
14 | for the purpose of facilitating food or beverage | ||||||
15 | consumption and ordinarily disposed of after a single use | ||||||
16 | or short-term use, whether or not it could be reused.
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17 | "Packaging" does not include:
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18 | (1) a medical device or packaging that is included | ||||||
19 | with products regulated:
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20 | (A) as a drug, medical device, or dietary | ||||||
21 | supplement by the United States Food and Drug | ||||||
22 | Administration under the Federal Food, Drug, and | ||||||
23 | Cosmetic Act;
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24 | (B) as a combination product as defined under 21 | ||||||
25 | CFR 3.2(e); or
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26 | (C) under the federal Dietary Supplement Health |
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1 | and Education Act of 1994;
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2 | (2) animal biologics, including, but not limited to, | ||||||
3 | vaccines, bacterins, antisera, diagnostic kits, other | ||||||
4 | products of biological origin, and other packaging and | ||||||
5 | paper products regulated by the United States Department | ||||||
6 | of Agriculture under the federal Virus, Serum, Toxin Act;
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7 | (3) packaging regulated under the Federal Insecticide, | ||||||
8 | Fungicide, and Rodenticide Act or another applicable | ||||||
9 | federal law, rule, or regulation; and
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10 | (4) beverage containers subject to a returnable | ||||||
11 | container deposit, if applicable.
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12 | "Paper product" means:
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13 | (1) paper that can or has been printed on to create | ||||||
14 | flyers, brochures, booklets, catalogs, greeting cards, | ||||||
15 | telephone directories, newspapers, magazines; and
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16 | (2) paper used for copying, writing, or any other | ||||||
17 | general use.
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18 | "Paper product" does not include:
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19 | (1) paper that, by virtue of its anticipated use, | ||||||
20 | could become unsafe or unsanitary to recycle; or
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21 | (2) any form of bound book, including, but not limited | ||||||
22 | to, bound books for literary, textual, or reference | ||||||
23 | purposes.
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24 | "Person" means any individual, partnership, copartnership, | ||||||
25 | firm, company, limited liability company, corporation, | ||||||
26 | association, joint-stock company, trust, estate, political |
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1 | subdivision, State agency, any other legal entity, or their | ||||||
2 | legal representative, agent, or assign.
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3 | "Postconsumer material" means packaging or paper products | ||||||
4 | that have served their intended end use as consumer items. | ||||||
5 | "Postconsumer material" does not include a by-product or waste | ||||||
6 | material generated during or after the completion of a | ||||||
7 | manufacturing or converting process.
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8 | "Postconsumer recycled content" means the portion of an | ||||||
9 | item of packaging or paper product made from postconsumer | ||||||
10 | material that has been recycled.
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11 | "Recycling" has the meaning given to "recycling, | ||||||
12 | reclamation or reuse" in Section 3.380 of the Environmental | ||||||
13 | Protection Act. "Recycling" does not include landfill disposal | ||||||
14 | of packaging or paper products or the residue resulting from | ||||||
15 | the processing of packaging or paper products at an MRF, use as | ||||||
16 | alternative daily cover or any other beneficial use at a | ||||||
17 | landfill, incineration, energy recovery, or energy generation | ||||||
18 | by means of combustion, or final conversion of packaging and | ||||||
19 | paper products or their components and by-products to a fuel.
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20 | "Recycling rate" means the percentage of packaging and | ||||||
21 | paper products returned to the economic mainstream in the form | ||||||
22 | of raw materials or products rather than being disposed of or | ||||||
23 | discarded. The recycling rate is calculated by dividing the | ||||||
24 | total weight of packaging and paper products that are | ||||||
25 | collected for recycling by the total weight of packaging and | ||||||
26 | paper products sold, distributed, or served to consumers in |
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1 | the State during the study period, not including the residue | ||||||
2 | that is landfilled after processing by an MRF.
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3 | "Reusable" means:
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4 | (1) designed to be refilled or used repeatedly for its | ||||||
5 | original intended purpose and is returnable;
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6 | (2) safe for washing and sanitizing according to | ||||||
7 | applicable State food safety laws; and
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8 | (3) with the exception of ceramic products, capable of | ||||||
9 | being recycled at the end of use.
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10 | "Reuse" means the return of packaging to the economic | ||||||
11 | stream for use in the same kind of application intended for the | ||||||
12 | original packaging without effectuating a change in the | ||||||
13 | original composition of the package, the identity of the | ||||||
14 | product, or the components thereof.
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15 | "Rigid plastic" means packaging made of plastic that has a | ||||||
16 | relatively inflexible finite shape or form and is capable of | ||||||
17 | maintaining its shape while empty or while holding other | ||||||
18 | products.
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19 | "Service provider" means a hauler, an MRF, or a composting | ||||||
20 | facility.
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21 | "Single-use packaging or product" means a packaging or | ||||||
22 | product that is supplied to or purchased by consumers | ||||||
23 | expressly for the purpose of facilitating food or beverage | ||||||
24 | consumption and that is ordinarily disposed of after a single | ||||||
25 | use or short-term use, whether or not it could be reused.
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26 | "Study period" means the period represented by the data |
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1 | compiled and analyzed in the completion of the Statewide | ||||||
2 | Recycling Needs Assessment. The study period shall be a | ||||||
3 | minimum of a one-year calendar period not earlier than 2022 | ||||||
4 | and shall be clearly defined in the scope of work. If more than | ||||||
5 | one year of data is used, data shall be presented on an annual | ||||||
6 | basis.
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7 | Section 15. Statewide Recycling Needs Assessment Advisory | ||||||
8 | Council. | ||||||
9 | (a) The Statewide Recycling Needs Assessment Advisory | ||||||
10 | Council shall be appointed by the Agency. On or before January | ||||||
11 | 1, 2024, the Director shall appoint members to the Advisory | ||||||
12 | Council to provide advice and recommendations to the Agency in | ||||||
13 | the drafting, amendment, and finalization of the Statewide | ||||||
14 | Recycling Needs Assessment.
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15 | (b) In appointing members to the Advisory Council under | ||||||
16 | subsection (a), the Director shall consider representatives | ||||||
17 | from all geographic regions of the State, all sizes of | ||||||
18 | communities in the State, all supply chain participants in the | ||||||
19 | recycling system, and the racial and gender diversity of this | ||||||
20 | State. | ||||||
21 | (c) Members of the Advisory Council shall include, but | ||||||
22 | shall not be limited to, the following voting members:
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23 | (1) four individuals representing material recovery | ||||||
24 | facilities in the State, no more than 2 of whom shall | ||||||
25 | represent an MRF that accepts recyclables from Cook County |
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1 | or the collar counties;
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2 | (2) four individuals representing haulers, one of whom | ||||||
3 | shall represent a statewide organization representing | ||||||
4 | haulers, one of whom shall represent a publicly traded | ||||||
5 | hauler, one of whom shall represent a privately owned | ||||||
6 | hauler, and one of whom shall operate a recycling drop-off | ||||||
7 | facility;
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8 | (3) one individual representing compost collection and | ||||||
9 | processing facilities;
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10 | (4) eight individuals representing rural and urban | ||||||
11 | units of local government, one of whom shall represent a | ||||||
12 | county with a population of less than 50,000, one of whom | ||||||
13 | shall represent a county with a population of more than | ||||||
14 | 50,000 and less than 1,000,000, one of whom shall | ||||||
15 | represent a county with a population of more than | ||||||
16 | 1,000,000, two of whom shall represent municipalities with | ||||||
17 | a population of less than 1,000,000, one of whom shall | ||||||
18 | represent a statewide organization of municipalities as | ||||||
19 | authorized by Section 1-8-1 of the Illinois Municipal | ||||||
20 | Code, one of whom shall represent a municipal joint action | ||||||
21 | agency, and one of whom shall represent a municipality | ||||||
22 | with a population of 1,000,000 or more;
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23 | (5) two individuals representing retailers, one of | ||||||
24 | whom shall represent a statewide association of retailers;
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25 | (6) two individuals representing environmental | ||||||
26 | organizations; |
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1 | (7) two individuals representing environmental justice | ||||||
2 | advocacy organizations or environmental justice | ||||||
3 | communities; | ||||||
4 | (8) one individual representing a statewide | ||||||
5 | manufacturing association;
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6 | (9) one individual representing manufacturers of | ||||||
7 | products containing postconsumer material, or one or more | ||||||
8 | associations of such manufacturers;
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9 | (10) one individual representing manufacturers of | ||||||
10 | packaging and paper products utilizing virgin materials, | ||||||
11 | or one or more associations of suppliers of substrates of | ||||||
12 | packaging and paper products; and | ||||||
13 | (11) four individuals representing producers of | ||||||
14 | consumer products. | ||||||
15 | (d) An individual may be appointed to only one position on | ||||||
16 | the Advisory Council. Upon completion of the duties of the | ||||||
17 | Advisory Council, appointments to the Advisory Council shall | ||||||
18 | be terminated and the Advisory Council shall be dissolved. | ||||||
19 | (e) The duties of the Advisory Council are as follows:
| ||||||
20 | (1) to provide guidance on the scope of work for the | ||||||
21 | Statewide Recycling Needs Assessment required under | ||||||
22 | Section 25;
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23 | (2) to assist in the provision of data required to | ||||||
24 | complete the needs assessment;
| ||||||
25 | (3) to review and comment on the needs assessment | ||||||
26 | prior to completion; |
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1 | (4) to review packaging and paper products legislation | ||||||
2 | enacted in other states, including identifying the main | ||||||
3 | components of the legislation, its implementation steps, | ||||||
4 | and its implementation status; | ||||||
5 | (5) to evaluate and make recommendations, including | ||||||
6 | legislative recommendations, on how to effectively | ||||||
7 | establish and implement a producer responsibility program | ||||||
8 | in the State for packaging and paper products, including | ||||||
9 | recommendations regarding the responsibilities of | ||||||
10 | producers under a producer responsibility program; and
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11 | (6) on or before December 1, 2026, to prepare and | ||||||
12 | submit a report of its findings and recommendations to the | ||||||
13 | General Assembly and the Governor, which shall include an | ||||||
14 | opportunity for a minority report.
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15 | (f) The Advisory Council:
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16 | (1) shall meet at the call of the Chair, except for the | ||||||
17 | first meeting, which shall be called by the Director;
| ||||||
18 | (2) shall meet at least quarterly or as determined by | ||||||
19 | the Advisory Council Chair;
| ||||||
20 | (3) shall elect a Chair from among Advisory Council | ||||||
21 | members by a simple majority vote;
| ||||||
22 | (4) may adopt bylaws and a charter for the operation | ||||||
23 | of its business for the purposes of this Act;
and | ||||||
24 | (5) shall be provided administrative support by the | ||||||
25 | Agency and Agency staff.
| ||||||
26 | (g) The Agency may select and hire a third-party |
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1 | facilitator for the Advisory Council.
| ||||||
2 | Section 20. Statewide needs assessment. | ||||||
3 | (a) The Agency shall issue a competitive solicitation in | ||||||
4 | accordance with the Illinois Procurement Code to select a | ||||||
5 | qualified consultant to conduct a statewide needs assessment | ||||||
6 | to assess recycling, composting, and reuse conditions in the | ||||||
7 | State for packaging and paper products, including identifying | ||||||
8 | current conditions and an evaluation of the capacity, costs, | ||||||
9 | gaps, and needs associated with recycling and the diversion of | ||||||
10 | packaging and paper products. The Agency shall select the | ||||||
11 | consultant on or before July 1, 2024. The needs assessment | ||||||
12 | shall be funded by an appropriation from the Agency's Solid | ||||||
13 | Waste Management Fund or other appropriated funding.
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14 | (b) All packaging and paper products sold, offered for | ||||||
15 | sale, distributed, or imported into the State shall be | ||||||
16 | included in the needs assessment. | ||||||
17 | (c) The needs assessment shall address, at a minimum, the | ||||||
18 | following factors for covered entities:
| ||||||
19 | (1) the quantity, by weight and type, of packaging and | ||||||
20 | paper products sold, offered for sale, distributed, or | ||||||
21 | served to consumers in the State by material type and | ||||||
22 | format;
| ||||||
23 | (2) current collection systems for packaging and paper | ||||||
24 | products in the State, including for reuse, recycling, | ||||||
25 | composting, and disposal;
|
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| |||||||
1 | (3) the quantity, by weight, of municipal waste | ||||||
2 | disposed on a county-by-county basis for all counties in | ||||||
3 | the State; | ||||||
4 | (4) the processing capacity and infrastructure for | ||||||
5 | reusable, recyclable, and compostable packaging and paper | ||||||
6 | products collected in the State, including capacity and | ||||||
7 | infrastructure outside the State which serves or may serve | ||||||
8 | the State;
| ||||||
9 | (5) current reuse, recycling, and composting rates for | ||||||
10 | packaging and paper products in the State by material | ||||||
11 | type;
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12 | (6) current postconsumer recycled content use by | ||||||
13 | material type for all packaging and paper products sold in | ||||||
14 | the State;
| ||||||
15 | (7) current reusability, recyclability, or | ||||||
16 | compostability of packaging and paper products, by | ||||||
17 | material type, for all packaging and paper products sold, | ||||||
18 | offered for sale, distributed, or served in the State; | ||||||
19 | (8) current system-wide costs for the collection, | ||||||
20 | reuse, recycling, and composting of packaging and paper | ||||||
21 | products;
| ||||||
22 | (9) current operational and capital funding | ||||||
23 | limitations impacting reuse, recycling, and composting | ||||||
24 | access and availability for packaging and paper products | ||||||
25 | throughout the State;
| ||||||
26 | (10) collection and processing system needs to provide |
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1 | access to curbside recycling services for all covered | ||||||
2 | entities within municipalities with a population of 1,500 | ||||||
3 | or more based on the most recent United States Census, | ||||||
4 | with collection provided no less frequently than every 2 | ||||||
5 | weeks, and at least one drop-off location for recyclable | ||||||
6 | materials within 15 miles of the municipal boundary for | ||||||
7 | municipalities with a population less than 1,500, with | ||||||
8 | needs identified on a county-by-county basis for all | ||||||
9 | counties in the State, and the estimated costs to meet the | ||||||
10 | access requirements;
| ||||||
11 | (11) program costs and capital investments required to | ||||||
12 | achieve a 35%, 50%, and 65% recycling rate by December 31, | ||||||
13 | 2035 for each material type, including paper, plastic, | ||||||
14 | glass, and metal, and including investment into existing | ||||||
15 | and future reuse, recycling, and composting infrastructure | ||||||
16 | for packaging and paper products;
| ||||||
17 | (12) the market conditions and opportunities for | ||||||
18 | reusable, recyclable, and compostable packaging and paper | ||||||
19 | products in the State and regionally; | ||||||
20 | (13) multilingual public education needs for the | ||||||
21 | reduction, reuse, recycling, and composting of packaging | ||||||
22 | and paper products, including, but not limited to, a | ||||||
23 | scientific survey of current awareness among residents of | ||||||
24 | this State of proper end-of-life management for packaging | ||||||
25 | and paper products and the needs associated with the | ||||||
26 | reduction of contamination rates at MRFs in the State; and |
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| |||||||
1 | (14) an assessment of environmental justice and | ||||||
2 | recycling equity in the State, including, but not limited | ||||||
3 | to:
| ||||||
4 | (A) an evaluation of current access to and the | ||||||
5 | performance of curbside and drop-off recycling | ||||||
6 | programs in units of local government designated as | ||||||
7 | environmental justice areas;
and | ||||||
8 | (B) a comparison of the location of MRFs and | ||||||
9 | compost facilities in units of local government that | ||||||
10 | have been designated as environmental justice areas | ||||||
11 | with units of local government that are not so | ||||||
12 | designated. | ||||||
13 | (d) Persons with data or information required to complete | ||||||
14 | the statewide needs assessment shall provide the Agency with | ||||||
15 | such data or information in a timely fashion to assist in | ||||||
16 | completing the statewide needs assessment. | ||||||
17 | (e) On or before December 31, 2025, the Agency shall | ||||||
18 | provide the draft needs assessment to the Advisory Council. | ||||||
19 | The Advisory Council shall provide written comments to the | ||||||
20 | Agency within 60 days after receipt of the needs assessment. | ||||||
21 | The Agency's consultant shall include an assessment of | ||||||
22 | comments received in the revised draft needs assessment | ||||||
23 | submitted to the Agency and shall provide a summary and an | ||||||
24 | analysis of any issues raised by the Advisory Council and | ||||||
25 | significant changes suggested by any such comments, a | ||||||
26 | statement of the reasons why any significant changes were not |
| |||||||
| |||||||
1 | incorporated into the results of the study, and a description | ||||||
2 | of any changes made to the results of the needs assessment as a | ||||||
3 | result of such comments. The needs assessment shall be | ||||||
4 | finalized by the Agency on or before May 1, 2026.
| ||||||
5 | Section 25. Severability. The provisions of this Act shall | ||||||
6 | be severable and if any phrase, clause, sentence, or provision | ||||||
7 | of this Act or the applicability thereof to any person or | ||||||
8 | circumstance shall be held invalid, the remainder of this Act | ||||||
9 | and the application thereof shall not be affected thereby. | ||||||
10 | Section 30. The Environmental Protection Act is amended by | ||||||
11 | changing Section 22.15 as follows:
| ||||||
12 | (415 ILCS 5/22.15)
| ||||||
13 | Sec. 22.15. Solid Waste Management Fund; fees.
| ||||||
14 | (a) There is hereby created within the State Treasury a
| ||||||
15 | special fund to be known as the Solid Waste Management Fund, to | ||||||
16 | be
constituted from the fees collected by the State pursuant | ||||||
17 | to this Section,
from repayments of loans made from the Fund | ||||||
18 | for solid waste projects, from registration fees collected | ||||||
19 | pursuant to the Consumer Electronics Recycling Act, and from | ||||||
20 | amounts transferred into the Fund pursuant to Public Act | ||||||
21 | 100-433.
Moneys received by either the Agency or the | ||||||
22 | Department of Commerce and Economic Opportunity
in repayment | ||||||
23 | of loans made pursuant to the Illinois Solid Waste Management
|
| |||||||
| |||||||
1 | Act shall be deposited into the General Revenue Fund.
| ||||||
2 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
3 | set forth herein from the owner or operator of each sanitary
| ||||||
4 | landfill permitted or required to be permitted by the Agency | ||||||
5 | to dispose of
solid waste if the sanitary landfill is located | ||||||
6 | off the site where such waste
was produced and if such sanitary | ||||||
7 | landfill is owned, controlled, and operated
by a person other | ||||||
8 | than the generator of such waste. The Agency shall deposit
all | ||||||
9 | fees collected into the Solid Waste Management Fund. If a site | ||||||
10 | is
contiguous to one or more landfills owned or operated by the | ||||||
11 | same person, the
volumes permanently disposed of by each | ||||||
12 | landfill shall be combined for purposes
of determining the fee | ||||||
13 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
14 | first day of each month thereafter during fiscal years 2019 | ||||||
15 | through 2023, the State Comptroller shall direct and State | ||||||
16 | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | ||||||
17 | per fiscal year from the Solid Waste Management Fund to the | ||||||
18 | General Revenue Fund.
| ||||||
19 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
20 | solid waste is
permanently disposed of at a site in a | ||||||
21 | calendar year, the owner or operator
shall either pay a | ||||||
22 | fee of 95 cents per cubic yard or,
alternatively, the | ||||||
23 | owner or operator may weigh the quantity of the solid | ||||||
24 | waste
permanently disposed of with a device for which | ||||||
25 | certification has been obtained
under the Weights and | ||||||
26 | Measures Act and pay a fee of $2.00 per
ton of solid waste |
| |||||||
| |||||||
1 | permanently disposed of. In no case shall the fee | ||||||
2 | collected
or paid by the owner or operator under this | ||||||
3 | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
4 | (2) If more than 100,000 cubic yards but not more than | ||||||
5 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
6 | disposed of at a site in a calendar
year, the owner or | ||||||
7 | operator shall pay a fee of $52,630.
| ||||||
8 | (3) If more than 50,000 cubic yards but not more than | ||||||
9 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
10 | permanently disposed of at a site
in a calendar year, the | ||||||
11 | owner or operator shall pay a fee of $23,790.
| ||||||
12 | (4) If more than 10,000 cubic yards but not more than | ||||||
13 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
14 | permanently disposed of at a site
in a calendar year, the | ||||||
15 | owner or operator shall pay a fee of $7,260.
| ||||||
16 | (5) If not more than 10,000 cubic yards of | ||||||
17 | non-hazardous solid waste is
permanently disposed of at a | ||||||
18 | site in a calendar year, the owner or operator
shall pay a | ||||||
19 | fee of $1050.
| ||||||
20 | (c) (Blank).
| ||||||
21 | (d) The Agency shall establish rules relating to the | ||||||
22 | collection of the
fees authorized by this Section. Such rules | ||||||
23 | shall include, but not be
limited to:
| ||||||
24 | (1) necessary records identifying the quantities of | ||||||
25 | solid waste received
or disposed;
| ||||||
26 | (2) the form and submission of reports to accompany |
| |||||||
| |||||||
1 | the payment of fees
to the Agency;
| ||||||
2 | (3) the time and manner of payment of fees to the | ||||||
3 | Agency, which payments
shall not be more often than | ||||||
4 | quarterly; and
| ||||||
5 | (4) procedures setting forth criteria establishing | ||||||
6 | when an owner or
operator may measure by weight or volume | ||||||
7 | during any given quarter or other
fee payment period.
| ||||||
8 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
9 | Waste Management
Fund shall be used by the Agency for the | ||||||
10 | purposes set forth in this Section and in the Illinois
Solid | ||||||
11 | Waste Management Act, including for the costs of fee | ||||||
12 | collection and
administration, and for the administration of | ||||||
13 | the Consumer Electronics Recycling Act , and the Drug Take-Back | ||||||
14 | Act , and the Statewide Recycling Needs Assessment Act .
| ||||||
15 | (f) The Agency is authorized to enter into such agreements | ||||||
16 | and to
promulgate such rules as are necessary to carry out its | ||||||
17 | duties under this
Section and the Illinois Solid Waste | ||||||
18 | Management Act.
| ||||||
19 | (g) On the first day of January, April, July, and October | ||||||
20 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
21 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
22 | Management Fund to the Hazardous Waste
Fund. Moneys | ||||||
23 | transferred under this subsection (g) shall be used only for | ||||||
24 | the
purposes set forth in item (1) of subsection (d) of Section | ||||||
25 | 22.2.
| ||||||
26 | (h) The Agency is authorized to provide financial |
| |||||||
| |||||||
1 | assistance to units of
local government for the performance of | ||||||
2 | inspecting, investigating , and
enforcement activities pursuant | ||||||
3 | to subsection (r) of Section 4 Section 4(r) at nonhazardous | ||||||
4 | solid
waste disposal sites.
| ||||||
5 | (i) The Agency is authorized to conduct household waste | ||||||
6 | collection and
disposal programs.
| ||||||
7 | (j) A unit of local government, as defined in the Local | ||||||
8 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
9 | facility is located may establish a fee,
tax, or surcharge | ||||||
10 | with regard to the permanent disposal of solid waste.
All | ||||||
11 | fees, taxes, and surcharges collected under this subsection | ||||||
12 | shall be
utilized for solid waste management purposes, | ||||||
13 | including long-term monitoring
and maintenance of landfills, | ||||||
14 | planning, implementation, inspection, enforcement
and other | ||||||
15 | activities consistent with the Solid Waste Management Act and | ||||||
16 | the
Local Solid Waste Disposal Act, or for any other | ||||||
17 | environment-related purpose,
including, but not limited to, an | ||||||
18 | environment-related public works project, but
not for the | ||||||
19 | construction of a new pollution control facility other than a
| ||||||
20 | household hazardous waste facility. However, the total fee, | ||||||
21 | tax or surcharge
imposed by all units of local government | ||||||
22 | under this subsection (j) upon the
solid waste disposal | ||||||
23 | facility shall not exceed:
| ||||||
24 | (1) 60ยข per cubic yard if more than 150,000 cubic | ||||||
25 | yards of non-hazardous
solid waste is permanently disposed | ||||||
26 | of at the site in a calendar year, unless
the owner or |
| |||||||
| |||||||
1 | operator weighs the quantity of the solid waste received | ||||||
2 | with a
device for which certification has been obtained | ||||||
3 | under the Weights and Measures
Act, in which case the fee | ||||||
4 | shall not exceed $1.27 per ton of solid waste
permanently | ||||||
5 | disposed of.
| ||||||
6 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
7 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
8 | permanently disposed of at the site in a calendar year.
| ||||||
9 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
10 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
11 | waste is
permanently disposed of at the site in a calendar | ||||||
12 | year.
| ||||||
13 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
14 | more than 50,000 cubic yards, of non-hazardous solid waste
| ||||||
15 | is permanently disposed of at the site in a calendar year.
| ||||||
16 | (5) $650 if not more than 10,000 cubic
yards of | ||||||
17 | non-hazardous solid waste is permanently disposed of at | ||||||
18 | the site in
a calendar year.
| ||||||
19 | The corporate authorities of the unit of local government
| ||||||
20 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
21 | highway
commissioner whose road district lies wholly or | ||||||
22 | partially within the
corporate limits of the unit of local | ||||||
23 | government for expenses incurred in
the removal of | ||||||
24 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
25 | public property in violation of a State law or local | ||||||
26 | ordinance.
|
| |||||||
| |||||||
1 | For the disposal of solid waste from general construction
| ||||||
2 | or demolition debris recovery facilities as defined in | ||||||
3 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
4 | surcharge imposed by
all units of local government under this | ||||||
5 | subsection (j) upon
the solid waste disposal facility shall | ||||||
6 | not exceed 50% of the
applicable amount set forth above. A unit | ||||||
7 | of local government,
as defined in the Local Solid Waste | ||||||
8 | Disposal Act, in which a
general construction or demolition | ||||||
9 | debris recovery facility is
located may establish a fee, tax, | ||||||
10 | or surcharge on the general construction or demolition debris | ||||||
11 | recovery facility with
regard to the permanent disposal of | ||||||
12 | solid waste by the
general construction or demolition debris | ||||||
13 | recovery facility at
a solid waste disposal facility, provided | ||||||
14 | that such fee, tax,
or surcharge shall not exceed 50% of the | ||||||
15 | applicable amount set
forth above, based on the total amount | ||||||
16 | of solid waste transported from the general construction or | ||||||
17 | demolition debris recovery facility for disposal at solid | ||||||
18 | waste disposal facilities, and the unit of local government | ||||||
19 | and fee shall be
subject to all other requirements of this | ||||||
20 | subsection (j). | ||||||
21 | A county or Municipal Joint Action Agency that imposes a | ||||||
22 | fee, tax, or
surcharge under this subsection may use the | ||||||
23 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
24 | or partially within its boundaries for expenses
incurred in | ||||||
25 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
26 | been
dumped on public property in violation of a State law or |
| |||||||
| |||||||
1 | local ordinance.
| ||||||
2 | If the fees are to be used to conduct a local sanitary | ||||||
3 | landfill
inspection or enforcement program, the unit of local | ||||||
4 | government must enter
into a written delegation agreement with | ||||||
5 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
6 | local government and the Agency shall enter
into such a | ||||||
7 | written delegation agreement within 60 days after the
| ||||||
8 | establishment of such fees. At least annually,
the Agency | ||||||
9 | shall conduct an audit of the expenditures made by units of | ||||||
10 | local
government from the funds granted by the Agency to the | ||||||
11 | units of local
government for purposes of local sanitary | ||||||
12 | landfill inspection and enforcement
programs, to ensure that | ||||||
13 | the funds have been expended for the prescribed
purposes under | ||||||
14 | the grant.
| ||||||
15 | The fees, taxes or surcharges collected under this | ||||||
16 | subsection (j) shall
be placed by the unit of local government | ||||||
17 | in a separate fund, and the
interest received on the moneys in | ||||||
18 | the fund shall be credited to the fund. The
monies in the fund | ||||||
19 | may be accumulated over a period of years to be
expended in | ||||||
20 | accordance with this subsection.
| ||||||
21 | A unit of local government, as defined in the Local Solid | ||||||
22 | Waste Disposal
Act, shall prepare and post on its website, in | ||||||
23 | April of each year, a
report that details spending plans for | ||||||
24 | monies collected in accordance with
this subsection. The | ||||||
25 | report will at a minimum include the following:
| ||||||
26 | (1) The total monies collected pursuant to this |
| |||||||
| |||||||
1 | subsection.
| ||||||
2 | (2) The most current balance of monies collected | ||||||
3 | pursuant to this
subsection.
| ||||||
4 | (3) An itemized accounting of all monies expended for | ||||||
5 | the previous year
pursuant to this subsection.
| ||||||
6 | (4) An estimation of monies to be collected for the | ||||||
7 | following 3
years pursuant to this subsection.
| ||||||
8 | (5) A narrative detailing the general direction and | ||||||
9 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
10 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
11 | and under
subsection (k) of this Section, shall be applicable | ||||||
12 | to any fee,
tax or surcharge imposed under this subsection | ||||||
13 | (j); except that the fee,
tax or surcharge authorized to be | ||||||
14 | imposed under this subsection (j) may be
made applicable by a | ||||||
15 | unit of local government to the permanent disposal of
solid | ||||||
16 | waste after December 31, 1986, under any contract lawfully | ||||||
17 | executed
before June 1, 1986 under which more than 150,000 | ||||||
18 | cubic yards (or 50,000 tons)
of solid waste is to be | ||||||
19 | permanently disposed of, even though the waste is
exempt from | ||||||
20 | the fee imposed by the State under subsection (b) of this | ||||||
21 | Section
pursuant to an exemption granted under Section 22.16.
| ||||||
22 | (k) In accordance with the findings and purposes of the | ||||||
23 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
24 | the fee under subsection
(b) and the fee, tax or surcharge | ||||||
25 | under subsection (j) shall not apply to:
| ||||||
26 | (1) waste which is hazardous waste;
|
| |||||||
| |||||||
1 | (2) waste which is pollution control waste;
| ||||||
2 | (3) waste from recycling, reclamation or reuse | ||||||
3 | processes which have been
approved by the Agency as being | ||||||
4 | designed to remove any contaminant from
wastes so as to | ||||||
5 | render such wastes reusable, provided that the process
| ||||||
6 | renders at least 50% of the waste reusable; the exemption | ||||||
7 | set forth in this paragraph (3) of this subsection (k) | ||||||
8 | shall not apply to general construction or demolition | ||||||
9 | debris recovery
facilities as defined in subsection (a-1) | ||||||
10 | of Section 3.160;
| ||||||
11 | (4) non-hazardous solid waste that is received at a | ||||||
12 | sanitary landfill
and composted or recycled through a | ||||||
13 | process permitted by the Agency; or
| ||||||
14 | (5) any landfill which is permitted by the Agency to | ||||||
15 | receive only
demolition or construction debris or | ||||||
16 | landscape waste.
| ||||||
17 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
18 | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||||||
19 | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | ||||||
20 | 102-1055, eff. 6-10-22; revised 8-25-22.)
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
|