Full Text of HB4627 103rd General Assembly
HB4627ham001 103RD GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 4/15/2024 | | 10300HB4627ham001 | | LRB103 37422 BDA 71785 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4627
| 2 | | AMENDMENT NO. ______. Amend House Bill 4627 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.15 as follows: | 6 | | (415 ILCS 5/22.15) | 7 | | Sec. 22.15. Solid Waste Management Fund; fees. | 8 | | (a) There is hereby created within the State Treasury a | 9 | | special fund to be known as the Solid Waste Management Fund, to | 10 | | be constituted from the fees collected by the State pursuant | 11 | | to this Section, from repayments of loans made from the Fund | 12 | | for solid waste projects, from registration fees collected | 13 | | pursuant to the Consumer Electronics Recycling Act, from fees | 14 | | collected pursuant to the PFAS Reduction Act, from fees | 15 | | collected under the Paint Stewardship Act, and from amounts | 16 | | transferred into the Fund pursuant to Public Act 100-433. |
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| 1 | | Moneys received by either the Agency or the Department of | 2 | | Commerce and Economic Opportunity in repayment of loans made | 3 | | pursuant to the Illinois Solid Waste Management Act shall be | 4 | | deposited into the General Revenue Fund. | 5 | | (b) The Agency shall assess and collect a fee in the amount | 6 | | set forth herein from the owner or operator of each sanitary | 7 | | landfill permitted or required to be permitted by the Agency | 8 | | to dispose of solid waste if the sanitary landfill is located | 9 | | off the site where such waste was produced and if such sanitary | 10 | | landfill is owned, controlled, and operated by a person other | 11 | | than the generator of such waste. The Agency shall deposit all | 12 | | fees collected into the Solid Waste Management Fund. If a site | 13 | | is contiguous to one or more landfills owned or operated by the | 14 | | same person, the volumes permanently disposed of by each | 15 | | landfill shall be combined for purposes of determining the fee | 16 | | under this subsection. Beginning on July 1, 2018, and on the | 17 | | first day of each month thereafter during fiscal years 2019 | 18 | | through 2024, the State Comptroller shall direct and State | 19 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | 20 | | per fiscal year from the Solid Waste Management Fund to the | 21 | | General Revenue Fund. | 22 | | (1) If more than 150,000 cubic yards of non-hazardous | 23 | | solid waste is permanently disposed of at a site in a | 24 | | calendar year, the owner or operator shall either pay a | 25 | | fee of 95 cents per cubic yard or, alternatively, the | 26 | | owner or operator may weigh the quantity of the solid |
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| 1 | | waste permanently disposed of with a device for which | 2 | | certification has been obtained under the Weights and | 3 | | Measures Act and pay a fee of $2.00 per ton of solid waste | 4 | | permanently disposed of. In no case shall the fee | 5 | | collected or paid by the owner or operator under this | 6 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton. | 7 | | (2) If more than 100,000 cubic yards but not more than | 8 | | 150,000 cubic yards of non-hazardous waste is permanently | 9 | | disposed of at a site in a calendar year, the owner or | 10 | | operator shall pay a fee of $52,630. | 11 | | (3) If more than 50,000 cubic yards but not more than | 12 | | 100,000 cubic yards of non-hazardous solid waste is | 13 | | permanently disposed of at a site in a calendar year, the | 14 | | owner or operator shall pay a fee of $23,790. | 15 | | (4) If more than 10,000 cubic yards but not more than | 16 | | 50,000 cubic yards of non-hazardous solid waste is | 17 | | permanently disposed of at a site in a calendar year, the | 18 | | owner or operator shall pay a fee of $7,260. | 19 | | (5) If not more than 10,000 cubic yards of | 20 | | non-hazardous solid waste is permanently disposed of at a | 21 | | site in a calendar year, the owner or operator shall pay a | 22 | | fee of $1050. | 23 | | (c) (Blank). | 24 | | (d) The Agency shall establish rules relating to the | 25 | | collection of the fees authorized by this Section. Such rules | 26 | | shall include, but not be limited to: |
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| 1 | | (1) necessary records identifying the quantities of | 2 | | solid waste received or disposed; | 3 | | (2) the form and submission of reports to accompany | 4 | | the payment of fees to the Agency; | 5 | | (3) the time and manner of payment of fees to the | 6 | | Agency, which payments shall not be more often than | 7 | | quarterly; and | 8 | | (4) procedures setting forth criteria establishing | 9 | | when an owner or operator may measure by weight or volume | 10 | | during any given quarter or other fee payment period. | 11 | | (e) Pursuant to appropriation, all monies in the Solid | 12 | | Waste Management Fund shall be used by the Agency for the | 13 | | purposes set forth in this Section and in the Illinois Solid | 14 | | Waste Management Act, including for the costs of fee | 15 | | collection and administration, for administration of the Paint | 16 | | Stewardship Act, and for the administration of the Consumer | 17 | | Electronics Recycling Act, the Drug Take-Back Act, and the | 18 | | Statewide Recycling Needs Assessment Act , and the PFAS | 19 | | Reduction Act . | 20 | | (f) The Agency is authorized to enter into such agreements | 21 | | and to promulgate such rules as are necessary to carry out its | 22 | | duties under this Section and the Illinois Solid Waste | 23 | | Management Act. | 24 | | (g) On the first day of January, April, July, and October | 25 | | of each year, beginning on July 1, 1996, the State Comptroller | 26 | | and Treasurer shall transfer $500,000 from the Solid Waste |
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| 1 | | Management Fund to the Hazardous Waste Fund. Moneys | 2 | | transferred under this subsection (g) shall be used only for | 3 | | the purposes set forth in item (1) of subsection (d) of Section | 4 | | 22.2. | 5 | | (h) The Agency is authorized to provide financial | 6 | | assistance to units of local government for the performance of | 7 | | inspecting, investigating, and enforcement activities pursuant | 8 | | to subsection (r) of Section 4 at nonhazardous solid waste | 9 | | disposal sites. | 10 | | (i) The Agency is authorized to conduct household waste | 11 | | collection and disposal programs. | 12 | | (j) A unit of local government, as defined in the Local | 13 | | Solid Waste Disposal Act, in which a solid waste disposal | 14 | | facility is located may establish a fee, tax, or surcharge | 15 | | with regard to the permanent disposal of solid waste. All | 16 | | fees, taxes, and surcharges collected under this subsection | 17 | | shall be utilized for solid waste management purposes, | 18 | | including long-term monitoring and maintenance of landfills, | 19 | | planning, implementation, inspection, enforcement and other | 20 | | activities consistent with the Solid Waste Management Act and | 21 | | the Local Solid Waste Disposal Act, or for any other | 22 | | environment-related purpose, including, but not limited to, an | 23 | | environment-related public works project, but not for the | 24 | | construction of a new pollution control facility other than a | 25 | | household hazardous waste facility. However, the total fee, | 26 | | tax or surcharge imposed by all units of local government |
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| 1 | | under this subsection (j) upon the solid waste disposal | 2 | | facility shall not exceed: | 3 | | (1) 60˘ per cubic yard if more than 150,000 cubic | 4 | | yards of non-hazardous solid waste is permanently disposed | 5 | | of at the site in a calendar year, unless the owner or | 6 | | operator weighs the quantity of the solid waste received | 7 | | with a device for which certification has been obtained | 8 | | under the Weights and Measures Act, in which case the fee | 9 | | shall not exceed $1.27 per ton of solid waste permanently | 10 | | disposed of. | 11 | | (2) $33,350 if more than 100,000 cubic yards, but not | 12 | | more than 150,000 cubic yards, of non-hazardous waste is | 13 | | permanently disposed of at the site in a calendar year. | 14 | | (3) $15,500 if more than 50,000 cubic yards, but not | 15 | | more than 100,000 cubic yards, of non-hazardous solid | 16 | | waste is permanently disposed of at the site in a calendar | 17 | | year. | 18 | | (4) $4,650 if more than 10,000 cubic yards, but not | 19 | | more than 50,000 cubic yards, of non-hazardous solid waste | 20 | | is permanently disposed of at the site in a calendar year. | 21 | | (5) $650 if not more than 10,000 cubic yards of | 22 | | non-hazardous solid waste is permanently disposed of at | 23 | | the site in a calendar year. | 24 | | The corporate authorities of the unit of local government | 25 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 26 | | highway commissioner whose road district lies wholly or |
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| 1 | | partially within the corporate limits of the unit of local | 2 | | government for expenses incurred in the removal of | 3 | | nonhazardous, nonfluid municipal waste that has been dumped on | 4 | | public property in violation of a State law or local | 5 | | ordinance. | 6 | | For the disposal of solid waste from general construction | 7 | | or demolition debris recovery facilities as defined in | 8 | | subsection (a-1) of Section 3.160, the total fee, tax, or | 9 | | surcharge imposed by all units of local government under this | 10 | | subsection (j) upon the solid waste disposal facility shall | 11 | | not exceed 50% of the applicable amount set forth above. A unit | 12 | | of local government, as defined in the Local Solid Waste | 13 | | Disposal Act, in which a general construction or demolition | 14 | | debris recovery facility is located may establish a fee, tax, | 15 | | or surcharge on the general construction or demolition debris | 16 | | recovery facility with regard to the permanent disposal of | 17 | | solid waste by the general construction or demolition debris | 18 | | recovery facility at a solid waste disposal facility, provided | 19 | | that such fee, tax, or surcharge shall not exceed 50% of the | 20 | | applicable amount set forth above, based on the total amount | 21 | | of solid waste transported from the general construction or | 22 | | demolition debris recovery facility for disposal at solid | 23 | | waste disposal facilities, and the unit of local government | 24 | | and fee shall be subject to all other requirements of this | 25 | | subsection (j). | 26 | | A county or Municipal Joint Action Agency that imposes a |
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| 1 | | fee, tax, or surcharge under this subsection may use the | 2 | | proceeds thereof to reimburse a municipality that lies wholly | 3 | | or partially within its boundaries for expenses incurred in | 4 | | the removal of nonhazardous, nonfluid municipal waste that has | 5 | | been dumped on public property in violation of a State law or | 6 | | local ordinance. | 7 | | If the fees are to be used to conduct a local sanitary | 8 | | landfill inspection or enforcement program, the unit of local | 9 | | government must enter into a written delegation agreement with | 10 | | the Agency pursuant to subsection (r) of Section 4. The unit of | 11 | | local government and the Agency shall enter into such a | 12 | | written delegation agreement within 60 days after the | 13 | | establishment of such fees. At least annually, the Agency | 14 | | shall conduct an audit of the expenditures made by units of | 15 | | local government from the funds granted by the Agency to the | 16 | | units of local government for purposes of local sanitary | 17 | | landfill inspection and enforcement programs, to ensure that | 18 | | the funds have been expended for the prescribed purposes under | 19 | | the grant. | 20 | | The fees, taxes or surcharges collected under this | 21 | | subsection (j) shall be placed by the unit of local government | 22 | | in a separate fund, and the interest received on the moneys in | 23 | | the fund shall be credited to the fund. The monies in the fund | 24 | | may be accumulated over a period of years to be expended in | 25 | | accordance with this subsection. | 26 | | A unit of local government, as defined in the Local Solid |
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| 1 | | Waste Disposal Act, shall prepare and post on its website, in | 2 | | April of each year, a report that details spending plans for | 3 | | monies collected in accordance with this subsection. The | 4 | | report will at a minimum include the following: | 5 | | (1) The total monies collected pursuant to this | 6 | | subsection. | 7 | | (2) The most current balance of monies collected | 8 | | pursuant to this subsection. | 9 | | (3) An itemized accounting of all monies expended for | 10 | | the previous year pursuant to this subsection. | 11 | | (4) An estimation of monies to be collected for the | 12 | | following 3 years pursuant to this subsection. | 13 | | (5) A narrative detailing the general direction and | 14 | | scope of future expenditures for one, 2 and 3 years. | 15 | | The exemptions granted under Sections 22.16 and 22.16a, | 16 | | and under subsection (k) of this Section, shall be applicable | 17 | | to any fee, tax or surcharge imposed under this subsection | 18 | | (j); except that the fee, tax or surcharge authorized to be | 19 | | imposed under this subsection (j) may be made applicable by a | 20 | | unit of local government to the permanent disposal of solid | 21 | | waste after December 31, 1986, under any contract lawfully | 22 | | executed before June 1, 1986 under which more than 150,000 | 23 | | cubic yards (or 50,000 tons) of solid waste is to be | 24 | | permanently disposed of, even though the waste is exempt from | 25 | | the fee imposed by the State under subsection (b) of this | 26 | | Section pursuant to an exemption granted under Section 22.16. |
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| 1 | | (k) In accordance with the findings and purposes of the | 2 | | Illinois Solid Waste Management Act, beginning January 1, 1989 | 3 | | the fee under subsection (b) and the fee, tax or surcharge | 4 | | under subsection (j) shall not apply to: | 5 | | (1) waste which is hazardous waste; | 6 | | (2) waste which is pollution control waste; | 7 | | (3) waste from recycling, reclamation or reuse | 8 | | processes which have been approved by the Agency as being | 9 | | designed to remove any contaminant from wastes so as to | 10 | | render such wastes reusable, provided that the process | 11 | | renders at least 50% of the waste reusable; the exemption | 12 | | set forth in this paragraph (3) of this subsection (k) | 13 | | shall not apply to general construction or demolition | 14 | | debris recovery facilities as defined in subsection (a-1) | 15 | | of Section 3.160; | 16 | | (4) non-hazardous solid waste that is received at a | 17 | | sanitary landfill and composted or recycled through a | 18 | | process permitted by the Agency; or | 19 | | (5) any landfill which is permitted by the Agency to | 20 | | receive only demolition or construction debris or | 21 | | landscape waste. | 22 | | (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; | 23 | | 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. | 24 | | 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, | 25 | | eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; | 26 | | revised 12-15-23.) |
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| 1 | | "Section 10. The PFAS Reduction Act is amended by changing | 2 | | Section 5 and by adding Section 45 as follows: | 3 | | (415 ILCS 170/5) | 4 | | Sec. 5. Definitions. In this Act: | 5 | | "Agency" means the Illinois Environmental Protection | 6 | | Agency. | 7 | | "Class B firefighting foam" means foam designed to | 8 | | extinguish flammable liquid fires or prevent the ignition of | 9 | | flammable liquids. | 10 | | "Fire department" means the duly authorized fire | 11 | | protection organization of a unit of local government, a | 12 | | Regional Fire Protection Agency, a fire protection district, | 13 | | or a volunteer fire department. | 14 | | "Intentionally added PFAS" means PFAS deliberately added | 15 | | during the manufacture of a product where the continued | 16 | | presence of PFAS is desired in the final product, or in one of | 17 | | the product's components, in order to perform a specific | 18 | | function. | 19 | | "Local government" means a unit of local government or | 20 | | other special purpose district that provides firefighting | 21 | | services. | 22 | | "Manufacturer" means a person that manufactures Class B | 23 | | firefighting foam and any agents of that person, including an | 24 | | importer, distributor, authorized servicer, factory branch, or |
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| 1 | | distributor branch. | 2 | | "Perfluoroalkyl substance or polyfluoroalkyl substance" or | 3 | | "PFAS" means a class of fluorinated organic chemicals | 4 | | containing at least one fully fluorinated carbon atom. | 5 | | "Person" means any individual, partnership, association, | 6 | | public or private corporation, limited liability company, or | 7 | | any other type of legal or commercial entity, including, but | 8 | | not limited to, members, managers, partners, directors, or | 9 | | officers. | 10 | | "Testing" means calibration testing, conformance testing, | 11 | | and fixed system testing. | 12 | | "TRI-PFAS" means the chemicals on the list of | 13 | | perfluoroalkyl and polyfluoroalkyl substances set forth in the | 14 | | United States Environmental Protection Agency's Toxic Release | 15 | | Inventory rules, developed under Section 313 of the federal | 16 | | Emergency Planning and Community Right-To-Know Act (EPCRA) and | 17 | | codified in regulations in 40 CFR 372.65, excluding liquid or | 18 | | gaseous fluorocarbon or chlorofluorocarbon products used | 19 | | chiefly as refrigerants. Product or product components | 20 | | containing intentionally added "TRI-PFAS" are limited to those | 21 | | products or product components of clothing, cookware, personal | 22 | | care products, and food packaging. | 23 | | (Source: P.A. 102-290, eff. 8-6-21.) | 24 | | (415 ILCS 170/45 new) | 25 | | Sec. 45. Publicly accessible data collection program. |
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| 1 | | (a) The Agency shall participate, along with other states | 2 | | and governmental entities, in an interstate clearinghouse to | 3 | | promote safer chemicals in consumer products and shall | 4 | | cooperate with the interstate clearinghouse to: (1) organize | 5 | | and manage available data on chemicals, including information | 6 | | on uses, hazards, environmental concerns, safer alternatives, | 7 | | and model policies and programs concerning specific chemicals; | 8 | | (2) provide technical assistance regarding chemical safety to | 9 | | businesses, consumers, and policymakers; (3) establish a data | 10 | | collection interface for use in the manner described in this | 11 | | Section; and (4) undertake any other activities in support of | 12 | | State programs to promote chemical safety. | 13 | | (b) The Agency shall enter into any contracts necessary to | 14 | | implement this Section. To the extent reasonable and feasible, | 15 | | the data collection interface established under subsection (a) | 16 | | shall streamline and facilitate data reporting required by | 17 | | this Section with similar data reporting required by other | 18 | | states and jurisdictions. | 19 | | (c) The Agency may adopt rules necessary to implement this | 20 | | Section. | 21 | | (d) The Agency may provide technical assistance to | 22 | | manufacturers in complying with this Section. | 23 | | (e) The Agency may use rules adopted under subsection (c) | 24 | | or technical assistance provided under subsection (d) to | 25 | | clarify the reporting requirements established under this | 26 | | Section and to ensure that the data collected are not |
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| 1 | | duplicative among the reporting entities. | 2 | | (f) Beginning one year after the implementation of the | 3 | | interstate clearinghouse by at least one other state or | 4 | | government entity outside of this State, a manufacturer of | 5 | | TRI-PFAS or a product or product component containing | 6 | | intentionally added TRI-PFAS that, during the prior calendar | 7 | | year, is sold, offered for sale, distributed, or offered for | 8 | | promotional purposes in, or imported into, the State, if the | 9 | | product is not already registered in the interstate | 10 | | clearinghouse by another State or government entity, such as | 11 | | under Section 1614 of Title 38 of the Maine Revised Statutes or | 12 | | under Section 116.943 of the Minnesota Statutes, shall | 13 | | register the TRI-PFAS or the product or product component | 14 | | containing intentionally added TRI-PFAS on the publicly | 15 | | accessible data collection interface established under | 16 | | subsection (a), along with all of the following information, | 17 | | as applicable: | 18 | | (1) the name and type of product or product component | 19 | | containing intentionally added PFAS; | 20 | | (2) the universal product code of the product or | 21 | | product component containing intentionally added TRI-PFAS; | 22 | | (3) the purpose or function for which the | 23 | | intentionally added TRI-PFAS are used in the product or | 24 | | product component; | 25 | | (4) the identity and a reasonable estimate of the | 26 | | amount of all TRI-PFAS compounds in the product or product |
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| 1 | | component containing intentionally added TRI-PFAS; | 2 | | (5) the amount of the product or product component or | 3 | | the number of products or product components sold, | 4 | | delivered, or imported into the State in the prior | 5 | | calendar year; and | 6 | | (6) the name and address of the manufacturer and the | 7 | | name, address, and phone number of a contact person for | 8 | | the manufacturer. When reporting the identity of a | 9 | | TRI-PFAS compound under paragraph (4), the manufacturer | 10 | | shall provide (i) the brand name of the formulation that | 11 | | contains TRI-PFAS and the name of the manufacturer of the | 12 | | formulation and (ii) the chemical formula or standardized | 13 | | name of the TRI-PFAS compound. When reporting the amount | 14 | | or weight of a TRI-PFAS compound under paragraph (4), the | 15 | | manufacturer shall provide (i) the amount or weight of | 16 | | each intentionally added TRI-PFAS compound or (ii) if the | 17 | | amount or weight of each intentionally added TRI-PFAS | 18 | | compound is not known, the total organic fluorine in the | 19 | | product or product component containing intentionally | 20 | | added TRI-PFAS. | 21 | | (g) A violation of this Section is subject to a civil | 22 | | penalty under Section 35. | 23 | | (h) This Section does not apply to any of the following: | 24 | | (1) a product regulated as a drug, medical device, or | 25 | | dietary supplement by the United States Food and Drug | 26 | | Administration; |
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| 1 | | (2) any medical equipment or product used in medical | 2 | | settings that is regulated by the United States Food and | 3 | | Drug Administration; or | 4 | | (3) a product intended for animals that is regulated | 5 | | as animal drugs, biologics, parasiticides, medical | 6 | | devices, and diagnostics used to treat or are administered | 7 | | to animals under the Federal Food, Drug, and Cosmetic Act, | 8 | | the federal Virus-Serum-Toxin Act, or the Federal | 9 | | Insecticide, Fungicide, and Rodenticide Act. | 10 | | (i) Beginning one year after the implementation of the | 11 | | interstate clearinghouse by at least one other state or | 12 | | government entity outside of this State, each manufacturer | 13 | | required to register under subsection (f) must register with | 14 | | the Agency by: (i) submitting to the Agency a $5,000 | 15 | | registration fee; and (ii) completing and submitting to the | 16 | | Agency the registration form prescribed by the Agency. | 17 | | Information on the registration form shall include the | 18 | | information required in subsection (f). All registration fees | 19 | | collected by the Agency pursuant to this Section shall be | 20 | | deposited into the Solid Waste Management Fund. | 21 | | (j) If, during a program year, any of the manufacturer's | 22 | | covered products or product components containing | 23 | | intentionally added TRI-PFAS are sold or offered for sale in | 24 | | the State under a brand that is not listed in the | 25 | | manufacturer's registration, then, within 30 days after the | 26 | | first sale or offer for sale under that brand, the |
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| 1 | | manufacturer shall amend its registration to add the brand. ". |
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