Illinois General Assembly - Full Text of HB1780
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Full Text of HB1780  102nd General Assembly

HB1780eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB1780 EngrossedLRB102 13555 CPF 18902 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Drug
5Take-Back Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) A safe system for the collection and disposal of
8    unused, unwanted, and expired medicines is a key element
9    of a comprehensive strategy to prevent prescription drug
10    abuse and pharmaceutical pollution. Home medicine cabinets
11    are full of unused and expired prescription drugs, only a
12    fraction of which get disposed of properly.
13        (2) Storing unused, unwanted, or expired medicines can
14    lead to accidental poisoning, drug abuse, and even drug
15    trafficking, but disposing of medicines by flushing them
16    down the toilet or placing them in the garbage can
17    contaminate groundwater and other bodies of water,
18    contributing to long-term harm to the environment and
19    animal life.
20        (3) Manufacturers of these drugs hold the ultimate
21    responsibility for the lasting impacts of the drugs they
22    produce.
23        (4) The General Assembly therefore finds that it is in

 

 

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1    the interest of public health and environmental protection
2    to establish a single, uniform, statewide system of
3    regulation for safe and secure collection and disposal of
4    medicines through a uniform drug "take-back" program
5    operated and funded by drug manufacturers.
 
6    Section 10. Definitions. In this Act:
7    "Agency" means the Environmental Protection Agency.
8    "Authorized collector" means any of the following who
9collect covered drugs through participation in a drug
10take-back program:
11        (1) a person who is registered with the United States
12    Drug Enforcement Administration to collect controlled
13    substances for the purpose of destruction;
14        (2) a law enforcement agency;
15        (3) a unit of local government working in conjunction
16    with a law enforcement agency; or
17        (4) a household waste drop-off point or one-day
18    household waste collection event, as those terms are
19    defined in Section 22.55 of the Environmental Protection
20    Act.
21    "Collection site" means the location where an authorized
22collector collects covered drugs as part of a drug take-back
23program under this Act.
24    "Consumer" means a person who possesses a covered drug for
25personal use or for the use of a member of the person's

 

 

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1household.
2    "Covered drug" means a drug, legend drug, nonlegend drug,
3brand name drug, or generic drug. "Covered drug" does not
4include:
5        (1) a dietary supplement as defined by 21 U.S.C. 321
6    (ff);
7        (2) drugs that are defined as Schedule I controlled
8    substances under the Illinois Controlled Substances Act or
9    the federal Controlled Substances Act;
10        (3) personal care products, including, but not limited
11    to, cosmetics, shampoos, sunscreens, lip balms,
12    toothpastes, and antiperspirants, that are regulated as
13    both cosmetics and nonprescription drugs under the federal
14    Food, Drug, and Cosmetic Act, 21 U.S.C. 301;
15        (4) drugs for which manufacturers provide a
16    pharmaceutical product stewardship or drug take-back
17    program as part of a federal managed risk evaluation and
18    mitigation strategy under 21 U.S.C. 355-1;
19        (5) biological products, as defined by 42 U.S.C.
20    262(i)(l);
21        (6) drugs that are administered in a clinical setting;
22        (7) emptied injector products or emptied medical
23    devices and their component parts or accessories;
24        (8) needles or sharps;
25        (9) pet pesticide products contained in pet collars,
26    powders, shampoos, topical applications, or other forms;

 

 

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1    or
2        (10) dialysate drugs or other saline solutions
3    required to perform kidney dialysis.
4    "Covered manufacturer" means a manufacturer of a covered
5drug that is sold or offered for sale in Illinois. "Covered
6manufacturer" does not include a pharmacy.
7    "Drug" has the same meaning as defined in Section 2.4 of
8the Illinois Food, Drug and Cosmetic Act.
9    "Drug take-back program" means a program implemented under
10this Act by a manufacturer program operator for the
11collection, transportation, and disposal of covered drugs.
12    "Generic drug" means a drug determined to be
13therapeutically equivalent to a brand name drug by the United
14States Food and Drug Administration and that is available for
15substitution in Illinois in accordance with the Illinois Food,
16Drug and Cosmetic Act and the Pharmacy Practice Act.
17    "Legend drug" has the same meaning as defined in Section
183.23 of the Illinois Food, Drug and Cosmetic Act.
19    "Manufacturer program operator" means a covered
20manufacturer, a group of covered manufacturers, or an entity
21acting on behalf of a covered manufacturer or group of covered
22manufacturers, that implements a drug take-back program.
23    "Medical practitioner" has the same meaning as defined in
24Section 3.23 of the Illinois Food, Drug and Cosmetic Act.
25    "Nonlegend drug" means a drug that does not require
26dispensing by prescription and which is not restricted to use

 

 

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1by practitioners only.
2    "Person" means any individual, partnership,
3co-partnership, firm, company, limited liability company,
4corporation, association, joint stock company, trust, estate,
5political subdivision, State agency, or any other legal
6entity, or their legal representative, agent, or assign.
7    "Pharmacy" has the meaning provided in Section 3 of the
8Pharmacy Practice Act. A "pharmacy" is not a covered
9manufacturer.
10    "Potential authorized collector" means a person who is
11eligible to be an authorized collector by participating in a
12drug take-back program.
13    "Prescription drug" has the same meaning as defined in
14Section 2.37 of the Illinois Food, Drug and Cosmetic Act.
15    "Private label distributor" has the same meaning as
16defined in 21 CFR 207.1.
17    "Program year" means a calendar year, except that the
18first program year is from January 1, 2024 through December
1931, 2024.
20    "Proprietary information" means information that is
21submitted under this Act.
22    "Repackager" means a repacker as that term is defined in
2321 CFR 207.1.
 
24    Section 15. Participation in a drug take-back program.
25Each covered manufacturer must, beginning January 1, 2024 or 6

 

 

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1months after becoming a covered manufacturer, whichever is
2later, individually or collectively implement an approved drug
3take-back program that complies with the requirements of this
4Act. A covered manufacturer must establish, fund, and
5implement a drug take-back program independently or as part of
6a group of covered manufacturers.
 
7    Section 20. Identification of covered manufacturers.
8    (a) No later than April 1, 2023, each pharmacy, private
9label distributor, and repackager that sells or offers for
10sale in Illinois, under its own label, a covered drug must
11provide written notification to the Agency identifying the
12covered manufacturer from which the covered drug is obtained.
13    (b) All covered manufacturers of covered drugs sold or
14offered for sale in Illinois must register with the Agency and
15pay to the Agency the annual registration fee as set forth
16under Section 60.
 
17    Section 25. Drug take-back program requirements.
18    (a) At least 120 days prior to submitting a proposal under
19Section 35, a manufacturer program operator must notify
20potential authorized collectors of the opportunity to serve as
21an authorized collector for the proposed drug take-back
22program. No later than 30 days after a potential authorized
23collector expresses interest in participating in a proposed
24program, the manufacturer program operator must commence good

 

 

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1faith negotiations with the potential authorized collector
2regarding the collector's participation in the program.
3    (b) A person may serve as an authorized collector for a
4drug take-back program voluntarily or in exchange for
5compensation. Nothing in this Act requires any person to serve
6as an authorized collector for a drug take-back program.
7    (c) A pharmacy shall not be required to participate in a
8drug take-back program.
9    (d) A drug take-back program must include as a collector
10any person who (i) is a potential authorized collector and
11(ii) offers to participate in the program. The manufacturer
12program operator must include the person in the program as an
13authorized collector no later than 90 days after receiving a
14written offer to participate.
15    (e) A drug take-back program must pay for all
16administrative and operational costs of the drug take-back
17program, as outlined in subsection (a) of Section 55.
18    (f) An authorized collector operating a drug take-back
19program collection site must accept all covered drugs from
20consumers during the hours that the location used as a
21collection site is normally open for business to the public.
22    (g) A drug take-back program collection site must collect
23covered drugs and store them in compliance with State and
24federal law, including United States Drug Enforcement
25Administration regulations. The manufacturer program operator
26must provide for transportation and disposal of collected

 

 

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1covered drugs in a manner that ensures each collection site is
2serviced as often as necessary to avoid reaching capacity and
3that collected covered drugs are transported to final disposal
4in a manner compliant with State and federal law, including a
5process for additional prompt collection service upon
6notification from the collection site. Covered drugs shall be
7disposed of at:
8        (1) a permitted hazardous waste facility that meets
9    the requirements under 40 CFR 264 and 40 CFR 265;
10        (2) a permitted municipal waste incinerator that meets
11    the requirements under 40 CFR 50 and 40 CFR 62; or
12        (3) a permitted hospital, medical, and infectious
13    waste incinerator that meets the requirements under
14    subpart HHH of 40 CFR part 62, an applicable State plan for
15    existing hospital, medical, and infectious waste
16    incinerators, or subpart Ec of 40 CFR part 60 for new
17    hospital, medical, and infectious waste incinerators.
18    (h) Authorized collectors must comply with all State and
19federal laws and regulations governing the collection,
20storage, and disposal of covered drugs, including United
21States Drug Enforcement Administration regulations.
22    (i) A drug take-back program must provide for the
23collection, transportation, and disposal of covered drugs on
24an ongoing, year-round basis and must provide access for
25residents across the State as set forth in subsection (j).
26    (j) A drug take-back program shall provide, in every

 

 

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1county with a potential authorized collector, one authorized
2collection site and a minimum of at least one additional
3collection site for every 50,000 county residents, provided
4that there are enough potential authorized collectors offering
5to participate in the drug take-back program.
6    All potential authorized collection sites that offer to
7participate in a drug take-back program shall be counted
8towards meeting the minimum number of authorized collection
9sites within a drug take-back program. Collection sites funded
10in part or in whole under a contract between a covered
11manufacturer and a pharmacy entered into on or before the
12effective date of this Act shall be counted towards the
13minimum requirements within this Section for so long as the
14contract continues.
15    (k) A drug take-back program may include mail-back
16distribution locations or periodic collection events for each
17county in the State. The manufacturer program operator shall
18consult with each county authority identified in the written
19notice prior to preparing the program plan to determine the
20role that mail-back distribution locations or periodic
21collection events will have in the drug take-back program.
22    The requirement to hold periodic collection events shall
23be deemed to be satisfied if a manufacturer program operator
24makes reasonable efforts to arrange periodic collection events
25but they cannot be scheduled due to lack of law enforcement
26availability.

 

 

HB1780 Engrossed- 10 -LRB102 13555 CPF 18902 b

1    A drug take-back program must permit a consumer who is a
2homeless, homebound, or disabled individual to request
3prepaid, preaddressed mailing envelopes. A manufacturer
4program operator shall accept the request through a website
5and toll-free telephone number that it must maintain to comply
6with the requests.
 
7    Section 30. Manufacturer program operator requirements. A
8manufacturer program operator shall:
9        (1) Adopt policies and procedures to be followed by
10    persons handling covered drugs collected under the program
11    to ensure compliance with State and federal laws, rules,
12    and regulations, including regulations adopted by the
13    United States Drug Enforcement Administration.
14        (2) Ensure the security of patient information on drug
15    packaging during collection, transportation, recycling,
16    and disposal.
17        (3) Promote the program by providing consumers,
18    pharmacies, and other entities with educational and
19    informational materials as required under Section 45.
20        (4) Consider:
21            (A) the use of existing providers of
22        pharmaceutical waste transportation and disposal
23        services;
24            (B) separation of covered drugs from packaging to
25        reduce transportation and disposal costs; and

 

 

HB1780 Engrossed- 11 -LRB102 13555 CPF 18902 b

1            (C) recycling of drug packaging.
 
2    Section 35. Drug take-back program approval.
3    (a) By July 1, 2023, each covered manufacturer must
4individually or collectively submit to the Agency for review
5and approval a proposal for the establishment and
6implementation of a drug take-back program. The proposal must
7demonstrate that the drug take-back program will fulfill the
8requirements under Section 25. If the Agency receives more
9than one proposal for a drug take-back program, the Agency
10shall review all proposals in conjunction with one another to
11ensure the proposals are coordinated to achieve the authorized
12collection site coverage set forth in subsection (j) of
13Section 25.
14    (b) The Agency shall approve a proposed program if each
15covered manufacturer and manufacturer program operator
16participating in the program has registered and paid the fee
17under Section 60, the program proposal demonstrates the
18program fulfills the requirements under Section 25, and the
19proposal includes the following information on forms
20prescribed by the Agency:
21        (1) The identity and contact information for the
22    manufacturer program operator and each participating
23    covered manufacturer.
24        (2) The identity and contact information for the
25    authorized collectors participating in the drug take-back

 

 

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1    program.
2        (3) The identity of transporters and waste disposal
3    facilities that the program will use to transport and
4    dispose of collected covered drugs.
5        (4) The identity of all potential authorized
6    collectors that were notified of the opportunity to serve
7    as an authorized collector, including how they were
8    notified.
9    (c) Within 90 days after receiving a drug take-back
10program proposal, the Agency shall either approve, reject, or
11approve with modification the proposal in writing to the
12manufacturer program operator. If the Agency rejects the
13proposal, it shall provide the reason for rejection.
14    (d) No later than 90 days after receipt of a notice of
15rejection under subsection (c) of this Section, the
16manufacturer or manufacturers participating in the program
17shall submit a revised proposal to the Agency. Within 90 days
18of receipt of a revised proposal the Agency shall either
19approve or reject the revised proposal in writing to the
20manufacturer program operator.
21    (e) After approval, covered manufacturers must,
22individually or collectively, initiate operation of a drug
23take-back program meeting the requirements under Section 25 no
24later than December 1, 2023.
 
25    Section 40. Changes or modifications to the approved

 

 

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1manufacturer drug take-back program. A manufacturer program
2operator shall maintain records for 5 years of any changes to
3an approved drug take-back program. These include, but are not
4limited to, changes in:
5        (1) participating covered manufacturers;
6        (2) collection methods;
7        (3) collection site locations; or
8        (4) contact information for the program operator or
9    authorized collectors.
 
10    Section 45. Drug take-back program promotion. Each drug
11take-back program must include a system of promotion,
12education, and public outreach about the proper collection and
13management of covered drugs. If there is more than one drug
14take-back program operated by more than one manufacturer
15program operator, the requirements of this Section shall be
16implemented by all drug take-back programs collectively using
17a single toll-free number and website and similar education,
18outreach, and promotional materials. This may include, but is
19not limited to, signage, written materials to be provided at
20the time of purchase or delivery of covered drugs, and
21advertising or other promotional materials. At a minimum,
22promotion, education, and public outreach must include the
23following:
24        (1) Promoting the proper management of drugs by
25    residents and the collection of covered drugs through a

 

 

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1    drug take-back program.
2        (2) Discouraging residents from disposing of drugs in
3    household waste, sewers, or septic systems.
4        (3) Promoting the use of the drug take-back program so
5    that where and how to return covered drugs is readily
6    understandable to residents.
7        (4) Maintaining a toll-free telephone number and
8    website publicizing collection options and collection
9    sites, and discouraging improper disposal practices for
10    covered drugs, such as disposal in household waste,
11    sewers, or septic systems.
12        (5) Preparing and distributing to program collection
13    sites, for dissemination to consumers, the educational and
14    outreach materials. The materials must use plain language
15    and explanatory images to make collection services and
16    discouraged disposal practices readily understandable by
17    residents, including residents with limited English
18    proficiency.
19        (6) Promotional materials prepared and distributed in
20    conjunction with an approved drug take-back program under
21    this Section may not be used to promote in-home disposal
22    products of any kind, including, but not limited to,
23    in-home disposal products of authorized collectors
24    participating in a drug take-back program.
 
25    Section 50. Annual program report.

 

 

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1    (a) By April 1, 2025, and each April 1 thereafter, a
2manufacturer program operator must submit to the Agency a
3report describing implementation of the drug take-back program
4during the previous calendar year. The report must include:
5        (1) a list of the covered manufacturers participating
6    in the drug take-back program during the program year;
7        (2) the total amount, by weight, of covered drugs
8    collected and the amount, by weight, from each collection
9    method used during the program year, reported by county;
10        (3) the total amount, by weight, of covered drugs
11    collected from each collection site during the prior year;
12        (4) the following details regarding the program's
13    collection system:
14            (A) a list of collection sites, with addresses;
15            (B) collection sites where mailers to program
16        collection sites, for dissemination to consumers, and
17        education and outreach materials were made available
18        to the public;
19            (C) dates and locations of collection events held;
20        and
21            (D) the transporters and disposal facility or
22        facilities used to dispose of the covered drugs
23        collected;
24        (5) a description of the promotion, education, and
25    public outreach activities implemented;
26        (6) a description of how collected packaging was

 

 

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1    recycled to the extent feasible; and
2        (7) an evaluation of the program's effectiveness in
3    collecting covered drugs during the program year and of
4    any program changes that have been implemented.
 
5    Section 55. Manufacturer drug take-back program funding.
6    (a) A covered manufacturer or group of covered
7manufacturers must pay all administrative and operational
8costs associated with establishing and implementing the drug
9take-back program in which it participates. Such
10administrative and operational costs include, but are not
11limited to:
12        (1) collection and transportation supplies for each
13    collection site;
14        (2) purchase of collection receptacles for each
15    collection site;
16        (3) ongoing maintenance or replacement of collection
17    receptacles when requested by authorized collectors;
18        (4) costs related to prepaid, preaddressed mail;
19        (5) compensation of authorized collectors, if
20    applicable;
21        (6) operation of periodic collection events,
22    including, but not limited to, the cost of law enforcement
23    staff time;
24        (7) transportation of all collected covered drugs to
25    final disposal;

 

 

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1        (8) proper disposal of all collected covered drugs in
2    compliance with State and federal laws, rules, and
3    regulations; and
4        (9) program promotion and outreach.
5    (b) A manufacturer program operator shall allocate to
6covered manufacturers participating in the drug take-back
7program the administration and operational costs of the
8programs. The method of cost allocation shall be included in
9the drug take-back program proposal required under Section 35.
10    (c) A manufacturer program operator, covered manufacturer,
11authorized collector, or other person may not charge:
12        (1) a specific point-of-sale fee to consumers to
13    recoup the costs of a drug take-back program;
14        (2) a specific point-of-collection fee at the time
15    covered drugs are collected from a person; or
16        (3) an increase in the cost of covered drugs to recoup
17    the costs of a drug take-back program.
18    (d) A manufacturer program operator or covered
19manufacturer shall not charge any fee to an authorized
20collector or authorized collection site.
21    (e) The funding requirements in this Section shall not
22apply to a pharmacy location that is part of an existing
23contractual agreement entered into prior to the effective date
24of this Act between a pharmacy and a covered manufacturer to
25fund in part or whole the collection, transportation, or
26disposal of a covered drug so long as that contractual

 

 

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1arrangement continues.
 
2    Section 60. Registration fee.
3    (a) By January 1, 2023, and by January 1 of each year
4thereafter, each covered manufacturer and manufacturer program
5operator shall register with the Agency and submit to the
6Agency a $5,000 registration fee.
7    (b) All fees collected under this Section must be
8deposited in the Solid Waste Management Fund to be used solely
9for the administration of this Act.
 
10    Section 65. Rules; enforcement; penalties.
11    (a) The Agency may adopt any rules it deems necessary to
12implement and administer this Act.
13    (b) Except as otherwise provided in this Act, any person
14who violates any provision of this Act is liable for a civil
15penalty of $7,000 per violation per day, provided that the
16penalty for failure to register or pay a fee under this Act
17shall be double the applicable registration fee.
18    (c) The penalties provided for in this Section may be
19recovered in a civil action brought in the name of the People
20of the State of Illinois by the State's Attorney of the county
21in which the violation occurred or by the Attorney General.
22Any penalties collected under this Section in an action in
23which the Attorney General has prevailed shall be deposited in
24the Environmental Protection Trust Fund.

 

 

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1    (d) The Attorney General or the State's Attorney of a
2county in which a violation occurs may institute a civil
3action for an injunction, prohibitory or mandatory, to
4restrain violations of this Act or to require such actions as
5may be necessary to address violations of this Act.
6    (e) The penalties and injunctions provided in this Act are
7in addition to any penalties, injunctions, or other relief
8provided under any other law. Nothing in this Act bars a cause
9of action by the State for any other penalty, injunction, or
10other relief provided by any other law.
11    (f) Any person who knowingly makes a false, fictitious, or
12fraudulent material statement, orally or in writing, to the
13Agency, related to or required by this Act or any rule adopted
14under this Act commits a Class 4 felony, and each such
15statement or writing shall be considered a separate Class 4
16felony. A person who, after being convicted under this
17subsection (f), violates this subsection (f) a second or
18subsequent time, commits a Class 3 felony.
 
19    Section 70. Antitrust immunity. The activities authorized
20by this Act require collaboration among covered manufacturers
21and among authorized collectors. These activities will enable
22safe and secure collection and disposal of covered drugs in
23Illinois and are therefore in the best interest of the public.
24The benefits of collaboration, together with active State
25supervision, outweigh potential adverse impacts. Therefore,

 

 

HB1780 Engrossed- 20 -LRB102 13555 CPF 18902 b

1the General Assembly intends to exempt from State antitrust
2laws, and provide immunity through the state action doctrine
3from federal antitrust laws, activities that are undertaken
4pursuant to this Act that might otherwise be constrained by
5such laws. The General Assembly does not intend and does not
6authorize any person or entity to engage in activities not
7provided for by this Act, and the General Assembly neither
8exempts nor provides immunity for such activities.
 
9    Section 75. Public disclosure. Proprietary information
10submitted to the Agency under this Act is exempted from
11disclosure as provided under paragraphs (g) and (mm) of
12subsection (1) of Section 7 of the Freedom of Information Act.
 
13    Section 90. Home rule.
14    (a) It is the intent of the General Assembly that, in order
15to ensure a uniform, statewide solution, on and after the
16effective date of this Act no unit of local government shall
17mandate that a new drug take-back or disposal program be
18created and no expansion or change of an existing program or
19program requirement by a unit of local government shall occur
20that is inconsistent with this Act.
21    (b) A home rule municipality may not regulate drug
22take-back programs in a manner inconsistent with the
23regulation by the State of drug take-back programs under this
24Act. This Section is a limitation under subsection (i) of

 

 

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1Section 6 of Article VII of the Illinois Constitution on the
2concurrent exercise by home rule units of powers and functions
3exercised by the State.
 
4    Section 95. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and
24    specifically designed to provide information to one or

 

 

HB1780 Engrossed- 22 -LRB102 13555 CPF 18902 b

1    more law enforcement agencies regarding the physical or
2    mental status of one or more individual subjects.
3        (c) Personal information contained within public
4    records, the disclosure of which would constitute a
5    clearly unwarranted invasion of personal privacy, unless
6    the disclosure is consented to in writing by the
7    individual subjects of the information. "Unwarranted
8    invasion of personal privacy" means the disclosure of
9    information that is highly personal or objectionable to a
10    reasonable person and in which the subject's right to
11    privacy outweighs any legitimate public interest in
12    obtaining the information. The disclosure of information
13    that bears on the public duties of public employees and
14    officials shall not be considered an invasion of personal
15    privacy.
16        (d) Records in the possession of any public body
17    created in the course of administrative enforcement
18    proceedings, and any law enforcement or correctional
19    agency for law enforcement purposes, but only to the
20    extent that disclosure would:
21            (i) interfere with pending or actually and
22        reasonably contemplated law enforcement proceedings
23        conducted by any law enforcement or correctional
24        agency that is the recipient of the request;
25            (ii) interfere with active administrative
26        enforcement proceedings conducted by the public body

 

 

HB1780 Engrossed- 23 -LRB102 13555 CPF 18902 b

1        that is the recipient of the request;
2            (iii) create a substantial likelihood that a
3        person will be deprived of a fair trial or an impartial
4        hearing;
5            (iv) unavoidably disclose the identity of a
6        confidential source, confidential information
7        furnished only by the confidential source, or persons
8        who file complaints with or provide information to
9        administrative, investigative, law enforcement, or
10        penal agencies; except that the identities of
11        witnesses to traffic accidents, traffic accident
12        reports, and rescue reports shall be provided by
13        agencies of local government, except when disclosure
14        would interfere with an active criminal investigation
15        conducted by the agency that is the recipient of the
16        request;
17            (v) disclose unique or specialized investigative
18        techniques other than those generally used and known
19        or disclose internal documents of correctional
20        agencies related to detection, observation or
21        investigation of incidents of crime or misconduct, and
22        disclosure would result in demonstrable harm to the
23        agency or public body that is the recipient of the
24        request;
25            (vi) endanger the life or physical safety of law
26        enforcement personnel or any other person; or

 

 

HB1780 Engrossed- 24 -LRB102 13555 CPF 18902 b

1            (vii) obstruct an ongoing criminal investigation
2        by the agency that is the recipient of the request.
3        (d-5) A law enforcement record created for law
4    enforcement purposes and contained in a shared electronic
5    record management system if the law enforcement agency
6    that is the recipient of the request did not create the
7    record, did not participate in or have a role in any of the
8    events which are the subject of the record, and only has
9    access to the record through the shared electronic record
10    management system.
11        (d-6) Records contained in the Officer Professional
12    Conduct Database under Section 9.2 9.4 of the Illinois
13    Police Training Act, except to the extent authorized under
14    that Section. This includes the documents supplied to the
15    Illinois Law Enforcement Training Standards Board from the
16    Illinois State Police and Illinois State Police Merit
17    Board.
18        (e) Records that relate to or affect the security of
19    correctional institutions and detention facilities.
20        (e-5) Records requested by persons committed to the
21    Department of Corrections, Department of Human Services
22    Division of Mental Health, or a county jail if those
23    materials are available in the library of the correctional
24    institution or facility or jail where the inmate is
25    confined.
26        (e-6) Records requested by persons committed to the

 

 

HB1780 Engrossed- 25 -LRB102 13555 CPF 18902 b

1    Department of Corrections, Department of Human Services
2    Division of Mental Health, or a county jail if those
3    materials include records from staff members' personnel
4    files, staff rosters, or other staffing assignment
5    information.
6        (e-7) Records requested by persons committed to the
7    Department of Corrections or Department of Human Services
8    Division of Mental Health if those materials are available
9    through an administrative request to the Department of
10    Corrections or Department of Human Services Division of
11    Mental Health.
12        (e-8) Records requested by a person committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail, the
15    disclosure of which would result in the risk of harm to any
16    person or the risk of an escape from a jail or correctional
17    institution or facility.
18        (e-9) Records requested by a person in a county jail
19    or committed to the Department of Corrections or
20    Department of Human Services Division of Mental Health,
21    containing personal information pertaining to the person's
22    victim or the victim's family, including, but not limited
23    to, a victim's home address, home telephone number, work
24    or school address, work telephone number, social security
25    number, or any other identifying information, except as
26    may be relevant to a requester's current or potential case

 

 

HB1780 Engrossed- 26 -LRB102 13555 CPF 18902 b

1    or claim.
2        (e-10) Law enforcement records of other persons
3    requested by a person committed to the Department of
4    Corrections, Department of Human Services Division of
5    Mental Health, or a county jail, including, but not
6    limited to, arrest and booking records, mug shots, and
7    crime scene photographs, except as these records may be
8    relevant to the requester's current or potential case or
9    claim.
10        (f) Preliminary drafts, notes, recommendations,
11    memoranda and other records in which opinions are
12    expressed, or policies or actions are formulated, except
13    that a specific record or relevant portion of a record
14    shall not be exempt when the record is publicly cited and
15    identified by the head of the public body. The exemption
16    provided in this paragraph (f) extends to all those
17    records of officers and agencies of the General Assembly
18    that pertain to the preparation of legislative documents.
19        (g) Trade secrets and commercial or financial
20    information obtained from a person or business where the
21    trade secrets or commercial or financial information are
22    furnished under a claim that they are proprietary,
23    privileged, or confidential, and that disclosure of the
24    trade secrets or commercial or financial information would
25    cause competitive harm to the person or business, and only
26    insofar as the claim directly applies to the records

 

 

HB1780 Engrossed- 27 -LRB102 13555 CPF 18902 b

1    requested.
2        The information included under this exemption includes
3    all trade secrets and commercial or financial information
4    obtained by a public body, including a public pension
5    fund, from a private equity fund or a privately held
6    company within the investment portfolio of a private
7    equity fund as a result of either investing or evaluating
8    a potential investment of public funds in a private equity
9    fund. The exemption contained in this item does not apply
10    to the aggregate financial performance information of a
11    private equity fund, nor to the identity of the fund's
12    managers or general partners. The exemption contained in
13    this item does not apply to the identity of a privately
14    held company within the investment portfolio of a private
15    equity fund, unless the disclosure of the identity of a
16    privately held company may cause competitive harm.
17        Nothing contained in this paragraph (g) shall be
18    construed to prevent a person or business from consenting
19    to disclosure.
20        (h) Proposals and bids for any contract, grant, or
21    agreement, including information which if it were
22    disclosed would frustrate procurement or give an advantage
23    to any person proposing to enter into a contractor
24    agreement with the body, until an award or final selection
25    is made. Information prepared by or for the body in
26    preparation of a bid solicitation shall be exempt until an

 

 

HB1780 Engrossed- 28 -LRB102 13555 CPF 18902 b

1    award or final selection is made.
2        (i) Valuable formulae, computer geographic systems,
3    designs, drawings and research data obtained or produced
4    by any public body when disclosure could reasonably be
5    expected to produce private gain or public loss. The
6    exemption for "computer geographic systems" provided in
7    this paragraph (i) does not extend to requests made by
8    news media as defined in Section 2 of this Act when the
9    requested information is not otherwise exempt and the only
10    purpose of the request is to access and disseminate
11    information regarding the health, safety, welfare, or
12    legal rights of the general public.
13        (j) The following information pertaining to
14    educational matters:
15            (i) test questions, scoring keys and other
16        examination data used to administer an academic
17        examination;
18            (ii) information received by a primary or
19        secondary school, college, or university under its
20        procedures for the evaluation of faculty members by
21        their academic peers;
22            (iii) information concerning a school or
23        university's adjudication of student disciplinary
24        cases, but only to the extent that disclosure would
25        unavoidably reveal the identity of the student; and
26            (iv) course materials or research materials used

 

 

HB1780 Engrossed- 29 -LRB102 13555 CPF 18902 b

1        by faculty members.
2        (k) Architects' plans, engineers' technical
3    submissions, and other construction related technical
4    documents for projects not constructed or developed in
5    whole or in part with public funds and the same for
6    projects constructed or developed with public funds,
7    including, but not limited to, power generating and
8    distribution stations and other transmission and
9    distribution facilities, water treatment facilities,
10    airport facilities, sport stadiums, convention centers,
11    and all government owned, operated, or occupied buildings,
12    but only to the extent that disclosure would compromise
13    security.
14        (l) Minutes of meetings of public bodies closed to the
15    public as provided in the Open Meetings Act until the
16    public body makes the minutes available to the public
17    under Section 2.06 of the Open Meetings Act.
18        (m) Communications between a public body and an
19    attorney or auditor representing the public body that
20    would not be subject to discovery in litigation, and
21    materials prepared or compiled by or for a public body in
22    anticipation of a criminal, civil, or administrative
23    proceeding upon the request of an attorney advising the
24    public body, and materials prepared or compiled with
25    respect to internal audits of public bodies.
26        (n) Records relating to a public body's adjudication

 

 

HB1780 Engrossed- 30 -LRB102 13555 CPF 18902 b

1    of employee grievances or disciplinary cases; however,
2    this exemption shall not extend to the final outcome of
3    cases in which discipline is imposed.
4        (o) Administrative or technical information associated
5    with automated data processing operations, including, but
6    not limited to, software, operating protocols, computer
7    program abstracts, file layouts, source listings, object
8    modules, load modules, user guides, documentation
9    pertaining to all logical and physical design of
10    computerized systems, employee manuals, and any other
11    information that, if disclosed, would jeopardize the
12    security of the system or its data or the security of
13    materials exempt under this Section.
14        (p) Records relating to collective negotiating matters
15    between public bodies and their employees or
16    representatives, except that any final contract or
17    agreement shall be subject to inspection and copying.
18        (q) Test questions, scoring keys, and other
19    examination data used to determine the qualifications of
20    an applicant for a license or employment.
21        (r) The records, documents, and information relating
22    to real estate purchase negotiations until those
23    negotiations have been completed or otherwise terminated.
24    With regard to a parcel involved in a pending or actually
25    and reasonably contemplated eminent domain proceeding
26    under the Eminent Domain Act, records, documents, and

 

 

HB1780 Engrossed- 31 -LRB102 13555 CPF 18902 b

1    information relating to that parcel shall be exempt except
2    as may be allowed under discovery rules adopted by the
3    Illinois Supreme Court. The records, documents, and
4    information relating to a real estate sale shall be exempt
5    until a sale is consummated.
6        (s) Any and all proprietary information and records
7    related to the operation of an intergovernmental risk
8    management association or self-insurance pool or jointly
9    self-administered health and accident cooperative or pool.
10    Insurance or self insurance (including any
11    intergovernmental risk management association or self
12    insurance pool) claims, loss or risk management
13    information, records, data, advice or communications.
14        (t) Information contained in or related to
15    examination, operating, or condition reports prepared by,
16    on behalf of, or for the use of a public body responsible
17    for the regulation or supervision of financial
18    institutions, insurance companies, or pharmacy benefit
19    managers, unless disclosure is otherwise required by State
20    law.
21        (u) Information that would disclose or might lead to
22    the disclosure of secret or confidential information,
23    codes, algorithms, programs, or private keys intended to
24    be used to create electronic signatures under the Uniform
25    Electronic Transactions Act.
26        (v) Vulnerability assessments, security measures, and

 

 

HB1780 Engrossed- 32 -LRB102 13555 CPF 18902 b

1    response policies or plans that are designed to identify,
2    prevent, or respond to potential attacks upon a
3    community's population or systems, facilities, or
4    installations, the destruction or contamination of which
5    would constitute a clear and present danger to the health
6    or safety of the community, but only to the extent that
7    disclosure could reasonably be expected to jeopardize the
8    effectiveness of the measures or the safety of the
9    personnel who implement them or the public. Information
10    exempt under this item may include such things as details
11    pertaining to the mobilization or deployment of personnel
12    or equipment, to the operation of communication systems or
13    protocols, or to tactical operations.
14        (w) (Blank).
15        (x) Maps and other records regarding the location or
16    security of generation, transmission, distribution,
17    storage, gathering, treatment, or switching facilities
18    owned by a utility, by a power generator, or by the
19    Illinois Power Agency.
20        (y) Information contained in or related to proposals,
21    bids, or negotiations related to electric power
22    procurement under Section 1-75 of the Illinois Power
23    Agency Act and Section 16-111.5 of the Public Utilities
24    Act that is determined to be confidential and proprietary
25    by the Illinois Power Agency or by the Illinois Commerce
26    Commission.

 

 

HB1780 Engrossed- 33 -LRB102 13555 CPF 18902 b

1        (z) Information about students exempted from
2    disclosure under Sections 10-20.38 or 34-18.29 of the
3    School Code, and information about undergraduate students
4    enrolled at an institution of higher education exempted
5    from disclosure under Section 25 of the Illinois Credit
6    Card Marketing Act of 2009.
7        (aa) Information the disclosure of which is exempted
8    under the Viatical Settlements Act of 2009.
9        (bb) Records and information provided to a mortality
10    review team and records maintained by a mortality review
11    team appointed under the Department of Juvenile Justice
12    Mortality Review Team Act.
13        (cc) Information regarding interments, entombments, or
14    inurnments of human remains that are submitted to the
15    Cemetery Oversight Database under the Cemetery Care Act or
16    the Cemetery Oversight Act, whichever is applicable.
17        (dd) Correspondence and records (i) that may not be
18    disclosed under Section 11-9 of the Illinois Public Aid
19    Code or (ii) that pertain to appeals under Section 11-8 of
20    the Illinois Public Aid Code.
21        (ee) The names, addresses, or other personal
22    information of persons who are minors and are also
23    participants and registrants in programs of park
24    districts, forest preserve districts, conservation
25    districts, recreation agencies, and special recreation
26    associations.

 

 

HB1780 Engrossed- 34 -LRB102 13555 CPF 18902 b

1        (ff) The names, addresses, or other personal
2    information of participants and registrants in programs of
3    park districts, forest preserve districts, conservation
4    districts, recreation agencies, and special recreation
5    associations where such programs are targeted primarily to
6    minors.
7        (gg) Confidential information described in Section
8    1-100 of the Illinois Independent Tax Tribunal Act of
9    2012.
10        (hh) The report submitted to the State Board of
11    Education by the School Security and Standards Task Force
12    under item (8) of subsection (d) of Section 2-3.160 of the
13    School Code and any information contained in that report.
14        (ii) Records requested by persons committed to or
15    detained by the Department of Human Services under the
16    Sexually Violent Persons Commitment Act or committed to
17    the Department of Corrections under the Sexually Dangerous
18    Persons Act if those materials: (i) are available in the
19    library of the facility where the individual is confined;
20    (ii) include records from staff members' personnel files,
21    staff rosters, or other staffing assignment information;
22    or (iii) are available through an administrative request
23    to the Department of Human Services or the Department of
24    Corrections.
25        (jj) Confidential information described in Section
26    5-535 of the Civil Administrative Code of Illinois.

 

 

HB1780 Engrossed- 35 -LRB102 13555 CPF 18902 b

1        (kk) The public body's credit card numbers, debit card
2    numbers, bank account numbers, Federal Employer
3    Identification Number, security code numbers, passwords,
4    and similar account information, the disclosure of which
5    could result in identity theft or impression or defrauding
6    of a governmental entity or a person.
7        (ll) Records concerning the work of the threat
8    assessment team of a school district.
9        (mm) Proprietary information submitted to the
10    Environmental Protection Agency under the Drug Take-Back
11    Act.
12    (1.5) Any information exempt from disclosure under the
13Judicial Privacy Act shall be redacted from public records
14prior to disclosure under this Act.
15    (2) A public record that is not in the possession of a
16public body but is in the possession of a party with whom the
17agency has contracted to perform a governmental function on
18behalf of the public body, and that directly relates to the
19governmental function and is not otherwise exempt under this
20Act, shall be considered a public record of the public body,
21for purposes of this Act.
22    (3) This Section does not authorize withholding of
23information or limit the availability of records to the
24public, except as stated in this Section or otherwise provided
25in this Act.
26(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

 

 

HB1780 Engrossed- 36 -LRB102 13555 CPF 18902 b

1101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
26-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
3    Section 100. The Environmental Protection Act is amended
4by changing Sections 22.15 and 22.55 as follows:
 
5    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
6    Sec. 22.15. Solid Waste Management Fund; fees.
7    (a) There is hereby created within the State Treasury a
8special fund to be known as the Solid Waste Management Fund, to
9be constituted from the fees collected by the State pursuant
10to this Section, from repayments of loans made from the Fund
11for solid waste projects, from registration fees collected
12pursuant to the Consumer Electronics Recycling Act, and from
13amounts transferred into the Fund pursuant to Public Act
14100-433. Moneys received by either the Agency or the
15Department of Commerce and Economic Opportunity in repayment
16of loans made pursuant to the Illinois Solid Waste Management
17Act shall be deposited into the General Revenue Fund.
18    (b) The Agency shall assess and collect a fee in the amount
19set forth herein from the owner or operator of each sanitary
20landfill permitted or required to be permitted by the Agency
21to dispose of solid waste if the sanitary landfill is located
22off the site where such waste was produced and if such sanitary
23landfill is owned, controlled, and operated by a person other
24than the generator of such waste. The Agency shall deposit all

 

 

HB1780 Engrossed- 37 -LRB102 13555 CPF 18902 b

1fees collected into the Solid Waste Management Fund. If a site
2is contiguous to one or more landfills owned or operated by the
3same person, the volumes permanently disposed of by each
4landfill shall be combined for purposes of determining the fee
5under this subsection. Beginning on July 1, 2018, and on the
6first day of each month thereafter during fiscal years 2019
7through 2022, the State Comptroller shall direct and State
8Treasurer shall transfer an amount equal to 1/12 of $5,000,000
9per fiscal year from the Solid Waste Management Fund to the
10General Revenue Fund.
11        (1) If more than 150,000 cubic yards of non-hazardous
12    solid waste is permanently disposed of at a site in a
13    calendar year, the owner or operator shall either pay a
14    fee of 95 cents per cubic yard or, alternatively, the
15    owner or operator may weigh the quantity of the solid
16    waste permanently disposed of with a device for which
17    certification has been obtained under the Weights and
18    Measures Act and pay a fee of $2.00 per ton of solid waste
19    permanently disposed of. In no case shall the fee
20    collected or paid by the owner or operator under this
21    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
22        (2) If more than 100,000 cubic yards but not more than
23    150,000 cubic yards of non-hazardous waste is permanently
24    disposed of at a site in a calendar year, the owner or
25    operator shall pay a fee of $52,630.
26        (3) If more than 50,000 cubic yards but not more than

 

 

HB1780 Engrossed- 38 -LRB102 13555 CPF 18902 b

1    100,000 cubic yards of non-hazardous solid waste is
2    permanently disposed of at a site in a calendar year, the
3    owner or operator shall pay a fee of $23,790.
4        (4) If more than 10,000 cubic yards but not more than
5    50,000 cubic yards of non-hazardous solid waste is
6    permanently disposed of at a site in a calendar year, the
7    owner or operator shall pay a fee of $7,260.
8        (5) If not more than 10,000 cubic yards of
9    non-hazardous solid waste is permanently disposed of at a
10    site in a calendar year, the owner or operator shall pay a
11    fee of $1050.
12    (c) (Blank).
13    (d) The Agency shall establish rules relating to the
14collection of the fees authorized by this Section. Such rules
15shall include, but not be limited to:
16        (1) necessary records identifying the quantities of
17    solid waste received or disposed;
18        (2) the form and submission of reports to accompany
19    the payment of fees to the Agency;
20        (3) the time and manner of payment of fees to the
21    Agency, which payments shall not be more often than
22    quarterly; and
23        (4) procedures setting forth criteria establishing
24    when an owner or operator may measure by weight or volume
25    during any given quarter or other fee payment period.
26    (e) Pursuant to appropriation, all monies in the Solid

 

 

HB1780 Engrossed- 39 -LRB102 13555 CPF 18902 b

1Waste Management Fund shall be used by the Agency for the
2purposes set forth in this Section and in the Illinois Solid
3Waste Management Act, including for the costs of fee
4collection and administration, and for the administration of
5(1) the Consumer Electronics Recycling Act and the Drug
6Take-Back Act (2) until January 1, 2020, the Electronic
7Products Recycling and Reuse Act.
8    (f) The Agency is authorized to enter into such agreements
9and to promulgate such rules as are necessary to carry out its
10duties under this Section and the Illinois Solid Waste
11Management Act.
12    (g) On the first day of January, April, July, and October
13of each year, beginning on July 1, 1996, the State Comptroller
14and Treasurer shall transfer $500,000 from the Solid Waste
15Management Fund to the Hazardous Waste Fund. Moneys
16transferred under this subsection (g) shall be used only for
17the purposes set forth in item (1) of subsection (d) of Section
1822.2.
19    (h) The Agency is authorized to provide financial
20assistance to units of local government for the performance of
21inspecting, investigating and enforcement activities pursuant
22to Section 4(r) at nonhazardous solid waste disposal sites.
23    (i) The Agency is authorized to conduct household waste
24collection and disposal programs.
25    (j) A unit of local government, as defined in the Local
26Solid Waste Disposal Act, in which a solid waste disposal

 

 

HB1780 Engrossed- 40 -LRB102 13555 CPF 18902 b

1facility is located may establish a fee, tax, or surcharge
2with regard to the permanent disposal of solid waste. All
3fees, taxes, and surcharges collected under this subsection
4shall be utilized for solid waste management purposes,
5including long-term monitoring and maintenance of landfills,
6planning, implementation, inspection, enforcement and other
7activities consistent with the Solid Waste Management Act and
8the Local Solid Waste Disposal Act, or for any other
9environment-related purpose, including, but not limited to, an
10environment-related public works project, but not for the
11construction of a new pollution control facility other than a
12household hazardous waste facility. However, the total fee,
13tax or surcharge imposed by all units of local government
14under this subsection (j) upon the solid waste disposal
15facility shall not exceed:
16        (1) 60˘ per cubic yard if more than 150,000 cubic
17    yards of non-hazardous solid waste is permanently disposed
18    of at the site in a calendar year, unless the owner or
19    operator weighs the quantity of the solid waste received
20    with a device for which certification has been obtained
21    under the Weights and Measures Act, in which case the fee
22    shall not exceed $1.27 per ton of solid waste permanently
23    disposed of.
24        (2) $33,350 if more than 100,000 cubic yards, but not
25    more than 150,000 cubic yards, of non-hazardous waste is
26    permanently disposed of at the site in a calendar year.

 

 

HB1780 Engrossed- 41 -LRB102 13555 CPF 18902 b

1        (3) $15,500 if more than 50,000 cubic yards, but not
2    more than 100,000 cubic yards, of non-hazardous solid
3    waste is permanently disposed of at the site in a calendar
4    year.
5        (4) $4,650 if more than 10,000 cubic yards, but not
6    more than 50,000 cubic yards, of non-hazardous solid waste
7    is permanently disposed of at the site in a calendar year.
8        (5) $650 if not more than 10,000 cubic yards of
9    non-hazardous solid waste is permanently disposed of at
10    the site in a calendar year.
11    The corporate authorities of the unit of local government
12may use proceeds from the fee, tax, or surcharge to reimburse a
13highway commissioner whose road district lies wholly or
14partially within the corporate limits of the unit of local
15government for expenses incurred in the removal of
16nonhazardous, nonfluid municipal waste that has been dumped on
17public property in violation of a State law or local
18ordinance.
19    For the disposal of solid waste from general construction
20or demolition debris recovery facilities as defined in
21subsection (a-1) of Section 3.160, the total fee, tax, or
22surcharge imposed by all units of local government under this
23subsection (j) upon the solid waste disposal facility shall
24not exceed 50% of the applicable amount set forth above. A unit
25of local government, as defined in the Local Solid Waste
26Disposal Act, in which a general construction or demolition

 

 

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1debris recovery facility is located may establish a fee, tax,
2or surcharge on the general construction or demolition debris
3recovery facility with regard to the permanent disposal of
4solid waste by the general construction or demolition debris
5recovery facility at a solid waste disposal facility, provided
6that such fee, tax, or surcharge shall not exceed 50% of the
7applicable amount set forth above, based on the total amount
8of solid waste transported from the general construction or
9demolition debris recovery facility for disposal at solid
10waste disposal facilities, and the unit of local government
11and fee shall be subject to all other requirements of this
12subsection (j).
13    A county or Municipal Joint Action Agency that imposes a
14fee, tax, or surcharge under this subsection may use the
15proceeds thereof to reimburse a municipality that lies wholly
16or partially within its boundaries for expenses incurred in
17the removal of nonhazardous, nonfluid municipal waste that has
18been dumped on public property in violation of a State law or
19local ordinance.
20    If the fees are to be used to conduct a local sanitary
21landfill inspection or enforcement program, the unit of local
22government must enter into a written delegation agreement with
23the Agency pursuant to subsection (r) of Section 4. The unit of
24local government and the Agency shall enter into such a
25written delegation agreement within 60 days after the
26establishment of such fees. At least annually, the Agency

 

 

HB1780 Engrossed- 43 -LRB102 13555 CPF 18902 b

1shall conduct an audit of the expenditures made by units of
2local government from the funds granted by the Agency to the
3units of local government for purposes of local sanitary
4landfill inspection and enforcement programs, to ensure that
5the funds have been expended for the prescribed purposes under
6the grant.
7    The fees, taxes or surcharges collected under this
8subsection (j) shall be placed by the unit of local government
9in a separate fund, and the interest received on the moneys in
10the fund shall be credited to the fund. The monies in the fund
11may be accumulated over a period of years to be expended in
12accordance with this subsection.
13    A unit of local government, as defined in the Local Solid
14Waste Disposal Act, shall prepare and post on its website, in
15April of each year, a report that details spending plans for
16monies collected in accordance with this subsection. The
17report will at a minimum include the following:
18        (1) The total monies collected pursuant to this
19    subsection.
20        (2) The most current balance of monies collected
21    pursuant to this subsection.
22        (3) An itemized accounting of all monies expended for
23    the previous year pursuant to this subsection.
24        (4) An estimation of monies to be collected for the
25    following 3 years pursuant to this subsection.
26        (5) A narrative detailing the general direction and

 

 

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1    scope of future expenditures for one, 2 and 3 years.
2    The exemptions granted under Sections 22.16 and 22.16a,
3and under subsection (k) of this Section, shall be applicable
4to any fee, tax or surcharge imposed under this subsection
5(j); except that the fee, tax or surcharge authorized to be
6imposed under this subsection (j) may be made applicable by a
7unit of local government to the permanent disposal of solid
8waste after December 31, 1986, under any contract lawfully
9executed before June 1, 1986 under which more than 150,000
10cubic yards (or 50,000 tons) of solid waste is to be
11permanently disposed of, even though the waste is exempt from
12the fee imposed by the State under subsection (b) of this
13Section pursuant to an exemption granted under Section 22.16.
14    (k) In accordance with the findings and purposes of the
15Illinois Solid Waste Management Act, beginning January 1, 1989
16the fee under subsection (b) and the fee, tax or surcharge
17under subsection (j) shall not apply to:
18        (1) waste which is hazardous waste;
19        (2) waste which is pollution control waste;
20        (3) waste from recycling, reclamation or reuse
21    processes which have been approved by the Agency as being
22    designed to remove any contaminant from wastes so as to
23    render such wastes reusable, provided that the process
24    renders at least 50% of the waste reusable; the exemption
25    set forth in this paragraph (3) of this subsection (k)
26    shall not apply to general construction or demolition

 

 

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1    debris recovery facilities as defined in subsection (a-1)
2    of Section 3.160;
3        (4) non-hazardous solid waste that is received at a
4    sanitary landfill and composted or recycled through a
5    process permitted by the Agency; or
6        (5) any landfill which is permitted by the Agency to
7    receive only demolition or construction debris or
8    landscape waste.
9(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
10102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
118-20-21; revised 9-28-21.)
 
12    (415 ILCS 5/22.55)
13    Sec. 22.55. Household waste drop-off points.
14    (a) Findings; purpose and intent.
15        (1) The General Assembly finds that protection of
16    human health and the environment can be enhanced if
17    certain commonly generated household wastes are managed
18    separately from the general household waste stream.
19        (2) The purpose of this Section is to provide, to the
20    extent allowed under federal law, a method for managing
21    certain types of household waste separately from the
22    general household waste stream.
23    (b) Definitions. For the purposes of this Section:
24        "Compostable waste" means household waste that is
25    source-separated food scrap, household waste that is

 

 

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1    source-separated landscape waste, or a mixture of both.
2        "Controlled substance" means a controlled substance as
3    defined in the Illinois Controlled Substances Act.
4        "Household waste" means waste generated from a single
5    residence or multiple residences.
6        "Household waste drop-off point" means the portion of
7    a site or facility used solely for the receipt and
8    temporary storage of household waste.
9        "One-day compostable waste collection event" means a
10    household waste drop-off point approved by a county or
11    municipality under subsection (d-5) of this Section.
12        "One-day household waste collection event" means a
13    household waste drop-off point approved by the Agency
14    under subsection (d) of this Section.
15        "Permanent compostable waste collection point" means a
16    household waste drop-off point approved by a county or
17    municipality under subsection (d-6) of this Section.
18        "Personal care product" means an item other than a
19    pharmaceutical product that is consumed or applied by an
20    individual for personal health, hygiene, or cosmetic
21    reasons. Personal care products include, but are not
22    limited to, items used in bathing, dressing, or grooming.
23        "Pharmaceutical product" means medicine or a product
24    containing medicine. A pharmaceutical product may be sold
25    by prescription or over the counter. "Pharmaceutical
26    product" does not include medicine that contains a

 

 

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1    radioactive component or a product that contains a
2    radioactive component.
3        "Recycling coordinator" means the person designated by
4    each county waste management plan to administer the county
5    recycling program, as set forth in the Solid Waste
6    Management Act.
7    (c) Except as otherwise provided in Agency rules, the
8following requirements apply to each household waste drop-off
9point, other than a one-day household waste collection event,
10one-day compostable waste collection event, or permanent
11compostable waste collection point:
12        (1) A household waste drop-off point must not accept
13    waste other than the following types of household waste:
14    pharmaceutical products, personal care products, batteries
15    other than lead-acid batteries, paints, automotive fluids,
16    compact fluorescent lightbulbs, mercury thermometers, and
17    mercury thermostats. A household waste drop-off point may
18    accept controlled substances in accordance with federal
19    law.
20        (2) Except as provided in subdivision (c)(2) of this
21    Section, household waste drop-off points must be located
22    at a site or facility where the types of products accepted
23    at the household waste drop-off point are lawfully sold,
24    distributed, or dispensed. For example, household waste
25    drop-off points that accept prescription pharmaceutical
26    products must be located at a site or facility where

 

 

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1    prescription pharmaceutical products are sold,
2    distributed, or dispensed.
3            (A) Subdivision (c)(2) of this Section does not
4        apply to household waste drop-off points operated by a
5        government or school entity, or by an association or
6        other organization of government or school entities.
7            (B) Household waste drop-off points that accept
8        mercury thermometers can be located at any site or
9        facility where non-mercury thermometers are sold,
10        distributed, or dispensed.
11            (C) Household waste drop-off points that accept
12        mercury thermostats can be located at any site or
13        facility where non-mercury thermostats are sold,
14        distributed, or dispensed.
15        (3) The location of acceptance for each type of waste
16    accepted at the household waste drop-off point must be
17    clearly identified. Locations where pharmaceutical
18    products are accepted must also include a copy of the sign
19    required under subsection (j) of this Section.
20        (4) Household waste must be accepted only from private
21    individuals. Waste must not be accepted from other
22    persons, including, but not limited to, owners and
23    operators of rented or leased residences where the
24    household waste was generated, commercial haulers, and
25    other commercial, industrial, agricultural, and government
26    operations or entities.

 

 

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1        (5) If more than one type of household waste is
2    accepted, each type of household waste must be managed
3    separately prior to its packaging for off-site transfer.
4        (6) Household waste must not be stored for longer than
5    90 days after its receipt, except as otherwise approved by
6    the Agency in writing.
7        (7) Household waste must be managed in a manner that
8    protects against releases of the waste, prevents
9    nuisances, and otherwise protects human health and the
10    environment. Household waste must also be properly secured
11    to prevent unauthorized public access to the waste,
12    including, but not limited to, preventing access to the
13    waste during the non-business hours of the site or
14    facility on which the household waste drop-off point is
15    located. Containers in which pharmaceutical products are
16    collected must be clearly marked "No Controlled
17    Substances", unless the household waste drop-off point
18    accepts controlled substances in accordance with federal
19    law.
20        (8) Management of the household waste must be limited
21    to the following: (i) acceptance of the waste, (ii)
22    temporary storage of the waste prior to transfer, and
23    (iii) off-site transfer of the waste and packaging for
24    off-site transfer.
25        (9) Off-site transfer of the household waste must
26    comply with federal and State laws and regulations.

 

 

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1    (d) One-day household waste collection events. To further
2aid in the collection of certain household wastes, the Agency
3may approve the operation of one-day household waste
4collection events. The Agency shall not approve a one-day
5household waste collection event at the same site or facility
6for more than one day each calendar quarter. Requests for
7approval must be submitted on forms prescribed by the Agency.
8The Agency must issue its approval in writing, and it may
9impose conditions as necessary to protect human health and the
10environment and to otherwise accomplish the purposes of this
11Act. One-day household waste collection events must be
12operated in accordance with the Agency's approval, including
13all conditions contained in the approval. The following
14requirements apply to all one-day household waste collection
15events, in addition to the conditions contained in the
16Agency's approval:
17        (1) Waste accepted at the event must be limited to
18    household waste and must not include garbage, landscape
19    waste, or other waste excluded by the Agency in the
20    Agency's approval or any conditions contained in the
21    approval. A one-day household waste collection event may
22    accept controlled substances in accordance with federal
23    law.
24        (2) Household waste must be accepted only from private
25    individuals. Waste must not be accepted from other
26    persons, including, but not limited to, owners and

 

 

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1    operators of rented or leased residences where the
2    household waste was generated, commercial haulers, and
3    other commercial, industrial, agricultural, and government
4    operations or entities.
5        (3) Household waste must be managed in a manner that
6    protects against releases of the waste, prevents
7    nuisances, and otherwise protects human health and the
8    environment. Household waste must also be properly secured
9    to prevent public access to the waste, including, but not
10    limited to, preventing access to the waste during the
11    event's non-business hours.
12        (4) Management of the household waste must be limited
13    to the following: (i) acceptance of the waste, (ii)
14    temporary storage of the waste before transfer, and (iii)
15    off-site transfer of the waste or packaging for off-site
16    transfer.
17        (5) Except as otherwise approved by the Agency, all
18    household waste received at the collection event must be
19    transferred off-site by the end of the day following the
20    collection event.
21        (6) The transfer and ultimate disposition of household
22    waste received at the collection event must comply with
23    the Agency's approval, including all conditions contained
24    in the approval.
25    (d-5) One-day compostable waste collection event. To
26further aid in the collection and composting of compostable

 

 

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1waste, as defined in subsection (b), a municipality may
2approve the operation of one-day compostable waste collection
3events at any site or facility within its territorial
4jurisdiction, and a county may approve the operation of
5one-day compostable waste collection events at any site or
6facility in any unincorporated area within its territorial
7jurisdiction. The approval granted under this subsection (d-5)
8must be in writing; must specify the date, location, and time
9of the event; and must list the types of compostable waste that
10will be collected at the event. If the one-day compostable
11waste collection event is to be operated at a location within a
12county with a population of more than 400,000 but less than
132,000,000 inhabitants, according to the 2010 decennial census,
14then the operator of the event shall, at least 30 days before
15the event, provide a copy of the approval to the recycling
16coordinator designated by that county. The approval granted
17under this subsection (d-5) may include conditions imposed by
18the county or municipality as necessary to protect public
19health and prevent odors, vectors, and other nuisances. A
20one-day compostable waste collection event approved under this
21subsection (d-5) must be operated in accordance with the
22approval, including all conditions contained in the approval.
23The following requirements shall apply to the one-day
24compostable waste collection event, in addition to the
25conditions contained in the approval:
26        (1) Waste accepted at the event must be limited to the

 

 

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1    types of compostable waste authorized to be accepted under
2    the approval.
3        (2) Information promoting the event and signs at the
4    event must clearly indicate the types of compostable waste
5    approved for collection. To discourage the receipt of
6    other waste, information promoting the event and signs at
7    the event must also include:
8            (A) examples of compostable waste being collected;
9        and
10            (B) examples of waste that is not being collected.
11        (3) Compostable waste must be accepted only from
12    private individuals. It may not be accepted from other
13    persons, including, but not limited to, owners and
14    operators of rented or leased residences where it was
15    generated, commercial haulers, and other commercial,
16    industrial, agricultural, and government operations or
17    entities.
18        (4) Compostable waste must be managed in a manner that
19    protects against releases of the waste, prevents
20    nuisances, and otherwise protects human health and the
21    environment. Compostable waste must be properly secured to
22    prevent it from being accessed by the public at any time,
23    including, but not limited to, during the collection
24    event's non-operating hours. One-day compostable waste
25    collection events must be adequately supervised during
26    their operating hours.

 

 

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1        (5) Compostable waste must be secured in non-porous,
2    rigid, leak-proof containers that:
3            (A) are covered, except when the compostable waste
4        is being added to or removed from the containers or it
5        is otherwise necessary to access the compostable
6        waste;
7            (B) prevent precipitation from draining through
8        the compostable waste;
9            (C) prevent dispersion of the compostable waste by
10        wind;
11            (D) contain spills or releases that could create
12        nuisances or otherwise harm human health or the
13        environment;
14            (E) limit access to the compostable waste by
15        vectors;
16            (F) control odors and other nuisances; and
17            (G) provide for storage, removal, and off-site
18        transfer of the compostable waste in a manner that
19        protects its ability to be composted.
20        (6) No more than a total of 40 cubic yards of
21    compostable waste shall be located at the collection site
22    at any one time.
23        (7) Management of the compostable waste must be
24    limited to the following: (A) acceptance, (B) temporary
25    storage before transfer, and (C) off-site transfer.
26        (8) All compostable waste received at the event must

 

 

HB1780 Engrossed- 55 -LRB102 13555 CPF 18902 b

1    be transferred off-site to a permitted compost facility by
2    no later than 48 hours after the event ends or by the end
3    of the first business day after the event ends, whichever
4    is sooner.
5        (9) If waste other than compostable waste is received
6    at the event, then that waste must be disposed of within 48
7    hours after the event ends or by the end of the first
8    business day after the event ends, whichever is sooner.
9    (d-6) Permanent compostable waste collection points. To
10further aid in the collection and composting of compostable
11waste, as defined in subsection (b), a municipality may
12approve the operation of permanent compostable waste
13collection points at any site or facility within its
14territorial jurisdiction, and a county may approve the
15operation of permanent compostable waste collection points at
16any site or facility in any unincorporated area within its
17territorial jurisdiction. The approval granted pursuant to
18this subsection (d-6) must be in writing; must specify the
19location, operating days, and operating hours of the
20collection point; must list the types of compostable waste
21that will be collected at the collection point; and must
22specify a term of not more than 365 calendar days during which
23the approval will be effective. In addition, if the permanent
24compostable waste collection point is to be operated at a
25location within a county with a population of more than
26400,000 but less than 2,000,000 inhabitants, according to the

 

 

HB1780 Engrossed- 56 -LRB102 13555 CPF 18902 b

12010 federal decennial census, then the operator of the
2collection point shall, at least 30 days before the collection
3point begins operation, provide a copy of the approval to the
4recycling coordinator designated by that county. The approval
5may include conditions imposed by the county or municipality
6as necessary to protect public health and prevent odors,
7vectors, and other nuisances. A permanent compostable waste
8collection point approved pursuant to this subsection (d-6)
9must be operated in accordance with the approval, including
10all conditions contained in the approval. The following
11requirements apply to the permanent compostable waste
12collection point, in addition to the conditions contained in
13the approval:
14        (1) Waste accepted at the collection point must be
15    limited to the types of compostable waste authorized to be
16    accepted under the approval.
17        (2) Information promoting the collection point and
18    signs at the collection point must clearly indicate the
19    types of compostable waste approved for collection. To
20    discourage the receipt of other waste, information
21    promoting the collection point and signs at the collection
22    point must also include (A) examples of compostable waste
23    being collected and (B) examples of waste that is not
24    being collected.
25        (3) Compostable waste must be accepted only from
26    private individuals. It may not be accepted from other

 

 

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1    persons, including, but not limited to, owners and
2    operators of rented or leased residences where it was
3    generated, commercial haulers, and other commercial,
4    industrial, agricultural, and government operations or
5    entities.
6        (4) Compostable waste must be managed in a manner that
7    protects against releases of the waste, prevents
8    nuisances, and otherwise protects human health and the
9    environment. Compostable waste must be properly secured to
10    prevent it from being accessed by the public at any time,
11    including, but not limited to, during the collection
12    point's non-operating hours. Permanent compostable waste
13    collection points must be adequately supervised during
14    their operating hours.
15        (5) Compostable waste must be secured in non-porous,
16    rigid, leak-proof containers that:
17            (A) are no larger than 10 cubic yards in size;
18            (B) are covered, except when the compostable waste
19        is being added to or removed from the container or it
20        is otherwise necessary to access the compostable
21        waste;
22            (C) prevent precipitation from draining through
23        the compostable waste;
24            (D) prevent dispersion of the compostable waste by
25        wind;
26            (E) contain spills or releases that could create

 

 

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1        nuisances or otherwise harm human health or the
2        environment;
3            (F) limit access to the compostable waste by
4        vectors;
5            (G) control odors and other nuisances; and
6            (H) provide for storage, removal, and off-site
7        transfer of the compostable waste in a manner that
8        protects its ability to be composted.
9        (6) No more than a total of 10 cubic yards of
10    compostable waste shall be located at the permanent
11    compostable waste collection site at any one time.
12        (7) Management of the compostable waste must be
13    limited to the following: (A) acceptance, (B) temporary
14    storage before transfer, and (C) off-site transfer.
15        (8) All compostable waste received at the permanent
16    compostable waste collection point must be transferred
17    off-site to a permitted compost facility not less
18    frequently than once every 7 days.
19        (9) If a permanent compostable waste collection point
20    receives waste other than compostable waste, then that
21    waste must be disposed of not less frequently than once
22    every 7 days.
23    (e) The Agency may adopt rules governing the operation of
24household waste drop-off points, other than one-day household
25waste collection events, one-day compostable waste collection
26events, and permanent compostable waste collection points.

 

 

HB1780 Engrossed- 59 -LRB102 13555 CPF 18902 b

1Those rules must be designed to protect against releases of
2waste to the environment, prevent nuisances, and otherwise
3protect human health and the environment. As necessary to
4address different circumstances, the regulations may contain
5different requirements for different types of household waste
6and different types of household waste drop-off points, and
7the regulations may modify the requirements set forth in
8subsection (c) of this Section. The regulations may include,
9but are not limited to, the following: (i) identification of
10additional types of household waste that can be collected at
11household waste drop-off points, (ii) identification of the
12different types of household wastes that can be received at
13different household waste drop-off points, (iii) the maximum
14amounts of each type of household waste that can be stored at
15household waste drop-off points at any one time, and (iv) the
16maximum time periods each type of household waste can be
17stored at household waste drop-off points.
18    (f) Prohibitions.
19        (1) Except as authorized in a permit issued by the
20    Agency, no person shall cause or allow the operation of a
21    household waste drop-off point, other than a one-day
22    household waste collection event, one-day compostable
23    waste collection event, or permanent compostable waste
24    collection point, in violation of this Section or any
25    regulations adopted under this Section.
26        (2) No person shall cause or allow the operation of a

 

 

HB1780 Engrossed- 60 -LRB102 13555 CPF 18902 b

1    one-day household waste collection event in violation of
2    this Section or the Agency's approval issued under
3    subsection (d) of this Section, including all conditions
4    contained in the approval.
5        (3) No person shall cause or allow the operation of a
6    one-day compostable waste collection event in violation of
7    this Section or the approval issued for the one-day
8    compostable waste collection event under subsection (d-5)
9    of this Section, including all conditions contained in the
10    approval.
11        (4) No person shall cause or allow the operation of a
12    permanent compostable waste collection event in violation
13    of this Section or the approval issued for the permanent
14    compostable waste collection point under subsection (d-6)
15    of this Section, including all conditions contained in the
16    approval.
17    (g) Permit exemptions.
18        (1) No permit is required under subdivision (d)(1) of
19    Section 21 of this Act for the operation of a household
20    waste drop-off point, other than a one-day household waste
21    collection event, one-day compostable waste collection
22    event, or permanent compostable waste collection point, if
23    the household waste drop-off point is operated in
24    accordance with this Section and all regulations adopted
25    under this Section.
26        (2) No permit is required under subdivision (d)(1) of

 

 

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1    Section 21 of this Act for the operation of a one-day
2    household waste collection event if the event is operated
3    in accordance with this Section and the Agency's approval
4    issued under subsection (d) of this Section, including all
5    conditions contained in the approval, or for the operation
6    of a household waste collection event by the Agency.
7        (3) No permit is required under paragraph (1) of
8    subsection (d) of Section 21 of this Act for the operation
9    of a one-day compostable waste collection event if the
10    compostable waste collection event is operated in
11    accordance with this Section and the approval issued for
12    the compostable waste collection point under subsection
13    (d-5) of this Section, including all conditions contained
14    in the approval.
15        (4) No permit is required under paragraph (1) of
16    subsection (d) of Section 21 of this Act for the operation
17    of a permanent compostable waste collection point if the
18    collection point is operated in accordance with this
19    Section and the approval issued for the compostable waste
20    collection event under subsection (d-6) of this Section,
21    including all conditions contained in the approval.
22    (h) This Section does not apply to the following:
23        (1) Persons accepting household waste that they are
24    authorized to accept under a permit issued by the Agency.
25        (2) Sites or facilities operated pursuant to an
26    intergovernmental agreement entered into with the Agency

 

 

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1    under Section 22.16b(d) of this Act.
2    (i) (Blank). The Agency, in consultation with the
3Department of Public Health, must develop and implement a
4public information program regarding household waste drop-off
5points that accept pharmaceutical products, as well as
6mail-back programs authorized under federal law.
7    (j) (Blank). The Agency must develop a sign that provides
8information on the proper disposal of unused pharmaceutical
9products. The sign shall include information on approved
10drop-off sites or list a website where updated information on
11drop-off sites can be accessed. The sign shall also include
12information on mail-back programs and self-disposal. The
13Agency shall make a copy of the sign available for downloading
14from its website. Every pharmacy shall display the sign in the
15area where medications are dispensed and shall also display
16any signs the Agency develops regarding local take-back
17programs or household waste collection events. These signs
18shall be no larger than 8.5 inches by 11 inches.
19    (k) If an entity chooses to participate as a household
20waste drop-off point, then it must follow the provisions of
21this Section and any rules the Agency may adopt governing
22household waste drop-off points.
23    (l) (Blank). The Agency shall establish, by rule, a
24statewide medication take-back program by June 1, 2016 to
25ensure that there are pharmaceutical product disposal options
26regularly available for residents across the State. No private

 

 

HB1780 Engrossed- 63 -LRB102 13555 CPF 18902 b

1entity may be compelled to serve as or fund a take-back
2location or program. Medications collected and disposed of
3under the program shall include controlled substances approved
4for collection by federal law. All medications collected and
5disposed of under the program must be managed in accordance
6with all applicable federal and State laws and regulations.
7The Agency shall issue a report to the General Assembly by June
81, 2019 detailing the amount of pharmaceutical products
9annually collected under the program, as well as any
10legislative recommendations.
11(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15;
1299-642, eff. 7-28-16.)
 
13    Section 999. Effective date. This Act takes effect upon
14becoming law.