Full Text of HB2296 101st General Assembly
HB2296ham001 101ST GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 3/12/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2296
| 2 | | AMENDMENT NO. ______. Amend House Bill 2296 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.23 and by adding Section 22.23d as follows:
| 6 | | (415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
| 7 | | Sec. 22.23. Batteries.
| 8 | | (a) Beginning September 1, 1990, any person selling | 9 | | lead-acid batteries at
retail or offering lead-acid batteries | 10 | | for retail sale in this State shall:
| 11 | | (1) accept for recycling used lead-acid batteries from | 12 | | customers, at the
point of transfer, in a quantity equal to | 13 | | the number of new
batteries purchased; and
| 14 | | (2) post in a conspicuous place a written notice at | 15 | | least 8.5 by 11
inches in size that includes the universal | 16 | | recycling symbol and the
following statements: "DO NOT put |
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| 1 | | motor vehicle batteries in the trash.";
"Recycle your used | 2 | | batteries."; and "State law requires us to accept motor
| 3 | | vehicle batteries for recycling, in exchange for new | 4 | | batteries purchased.".
| 5 | | (b) Any person selling lead-acid batteries at retail in | 6 | | this State may
either charge a recycling fee on each new | 7 | | lead-acid battery sold
for which the customer does not return a | 8 | | used battery to the retailer, or
provide a recycling credit to | 9 | | each customer who returns a used battery for
recycling at the | 10 | | time of purchasing a new one.
| 11 | | (c) Beginning September 1, 1990, no lead-acid battery | 12 | | retailer
may dispose of a used lead-acid
battery except by | 13 | | delivering it (1) to a battery wholesaler or its agent,
(2) to | 14 | | a battery manufacturer, (3) to a collection or recycling | 15 | | facility that accepts lead-acid batteries ,
or (4) to a | 16 | | secondary lead smelter permitted by either a state or federal
| 17 | | environmental agency.
| 18 | | (d) Any person selling lead-acid batteries at wholesale or | 19 | | offering
lead-acid batteries for sale at wholesale shall accept | 20 | | for recycling used
lead-acid batteries from customers, at the | 21 | | point of transfer,
in a quantity equal to the number of new | 22 | | batteries purchased.
Such used batteries shall be disposed of | 23 | | as provided in subsection (c).
| 24 | | (e) A person who accepts used lead-acid batteries for | 25 | | recycling pursuant
to subsection (a) or (d) shall not allow | 26 | | such batteries to accumulate for
periods of more than 90 days.
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| 1 | | (f) Beginning September 1, 1990, no person may knowingly | 2 | | cause or allow:
| 3 | | (1) the placing of a lead-acid battery into any | 4 | | container intended for
collection and disposal at a | 5 | | municipal waste sanitary landfill; or
| 6 | | (2) the disposal of any lead-acid battery in any | 7 | | municipal waste
sanitary landfill or incinerator.
| 8 | | (f-5) Beginning January 1, 2020, no person shall knowingly | 9 | | mix a lead-acid battery with any other material intended for | 10 | | collection as a recyclable material by a hauler. | 11 | | Beginning January 1, 2020, no person shall knowingly place | 12 | | a lead-acid battery into a container intended for collection by | 13 | | a hauler for processing at a recycling center. | 14 | | (g) (Blank).
| 15 | | (h) For the purpose of this Section:
| 16 | | "Lead-acid battery" means a battery containing lead and | 17 | | sulfuric acid
that has a nominal voltage of at least 6 volts | 18 | | and is intended for use in
motor vehicles.
| 19 | | "Motor vehicle" includes automobiles, vans, trucks, | 20 | | tractors, motorcycles
and motorboats.
| 21 | | (i) (Blank.)
| 22 | | (j) Knowing violation of this Section shall be a petty | 23 | | offense
punishable by a fine of $100.
| 24 | | (Source: P.A. 100-621, eff. 7-20-18.)
| 25 | | (415 ILCS 5/22.23d new) |
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| 1 | | Sec. 22.23d. Rechargeable batteries. | 2 | | (a) "Rechargeable battery" means any battery containing | 3 | | lithium ion, lithium metal, or lithium polymer or that uses | 4 | | lithium as an anode or cathode, is designed for reuse, and is | 5 | | capable of being recharged after repeated uses. "Rechargeable | 6 | | battery" does not mean either of the following: | 7 | | (1) Any dry cell battery that is used as the principal | 8 | | power source for transportation, including, but not | 9 | | limited to, automobiles, motorcycles, or boats. | 10 | | (2) Any battery that is used only as a backup power | 11 | | source for memory or program instruction storage, | 12 | | timekeeping, or any similar purpose that requires | 13 | | uninterrupted electrical power in order to function if the | 14 | | primary energy supply fails or fluctuates momentarily. | 15 | | (b) Unless expressly authorized as part of a recycling | 16 | | collection program, beginning January 1, 2020 no person shall | 17 | | knowingly mix a rechargeable battery or any appliance, device, | 18 | | or other item that contains a rechargeable battery with any | 19 | | other material intended for collection by a hauler as a | 20 | | recyclable material. | 21 | | Unless expressly authorized as part of a recycling | 22 | | collection program, beginning January 1, 2020, no person shall | 23 | | knowingly place a rechargeable battery or any appliance, | 24 | | device, or other item that contains a rechargeable battery into | 25 | | a container intended for collection by a hauler for processing | 26 | | at a recycling center. |
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| 1 | | (c) The Agency shall include on its website information | 2 | | regarding the collection and recycling of rechargeable | 3 | | batteries and undertake other communications to educate the | 4 | | public regarding the collection and recycling of rechargeable | 5 | | batteries. | 6 | | The Agency shall encourage the waste industry, recyclers, | 7 | | haulers, local governments, and other stakeholders to | 8 | | collaborate on educating the public regarding the collection | 9 | | and recycling of rechargeable batteries.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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