Full Text of SB1555 103rd General Assembly
SB1555eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Statewide Recycling Needs Assessment Act. | 6 | | Section 5. Findings and purpose. The General Assembly | 7 | | finds that: | 8 | | (1) Recycling rates have been stagnant in Illinois for | 9 | | over 15 years. Many Illinois counties continue to fall short | 10 | | of the long-standing recycling goal of 25% established in 1988 | 11 | | in the Solid Waste Planning and Recycling Act. | 12 | | (2) In Illinois, more than 40% (over 7,000,000 tons per | 13 | | year) of municipal solid waste disposed of in landfills is | 14 | | comprised of packaging and paper products. Of this amount, | 15 | | nearly 80% consists of materials commonly collected in | 16 | | curbside recycling programs in areas of the State with mature | 17 | | recycling programs. The remainder includes packaging products | 18 | | such as polystyrene, #3-#7 plastics, plastic bags, flexible | 19 | | pouches, and other plastic films which are not currently | 20 | | acceptable in curbside recycling and for which limited | 21 | | drop-off recycling options exist.
| 22 | | (3) Consumers have limited sustainable purchasing choices. | 23 | | Illinois residents are generating packaging and paper waste |
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| 1 | | that is beyond their ability to reuse or recycle. Consumers | 2 | | are also given confusing, inconsistent messages through | 3 | | various means about which materials can be recycled, and thus | 4 | | inadvertently create contamination in recycling streams. There | 5 | | is widespread recycling fatigue and public skepticism about | 6 | | the efficacy of recycling in Illinois.
| 7 | | (4) Volatility in global recycling markets due to import | 8 | | restrictions such as the China National Sword policy, as well | 9 | | as impacts on supply chains and material demand due to the | 10 | | COVID-19 pandemic, have further challenged markets for | 11 | | recycled materials and destabilized the recycling system in | 12 | | the State.
| 13 | | (5) Significant and increasing quantities of plastics and | 14 | | packaging materials are seen in the environment, including in | 15 | | Illinois rivers, lakes, and streams. This pollution impacts | 16 | | the drinking water, wildlife, and recreational value of vital | 17 | | natural resources.
| 18 | | (6) Consumer brands are solely responsible for choices | 19 | | about the types and amounts of packaging used to package | 20 | | products. Units of local government and residents must, | 21 | | therefore, manage increasingly complex materials even though | 22 | | they have no input in designing or bringing these materials to | 23 | | market.
| 24 | | (7) Units of local government are expected to fund | 25 | | collection and processing costs for an increasing volume of | 26 | | packaging and paper products, and the cost of recycling |
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| 1 | | programs continues to rise with the complexity of the material | 2 | | stream that material recycling facilities are required to | 3 | | manage. Furthermore, many multifamily residences and rural | 4 | | areas of the State do not have access to adequate recycling | 5 | | opportunities.
| 6 | | (8) As materials continue to be landfilled and littered, | 7 | | lower-income and rural communities across the State bear | 8 | | environmental, health, and economic consequences.
| 9 | | (9) By failing to reuse or recycle packaging and paper | 10 | | products, Illinois loses economic value and green sector jobs. | 11 | | Establishing postconsumer recycled content requirements for | 12 | | rigid plastics will increase markets for this increasingly | 13 | | common packaging material, reduce demand for natural | 14 | | resources, and reduce greenhouse gas emissions.
| 15 | | (10) An assessment of current recycling and materials | 16 | | management practices in the State, including evaluation of | 17 | | collections, access to service, capacity, costs, gaps, and | 18 | | needs associated with diverting packaging and paper products | 19 | | from disposal, will provide needed information on current | 20 | | conditions and support identification of future needs to | 21 | | manage packaging and paper products in a sustainable, | 22 | | environmentally protective, and cost-effective manner.
| 23 | | (11) The Statewide Recycling Needs Assessment will provide | 24 | | data to facilitate future consideration of product stewardship | 25 | | legislation for packaging and paper products, including to | 26 | | establish performance targets, calculate cost impacts, and |
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| 1 | | assign responsibilities.
| 2 | | Section 10. Definitions. In this Act: | 3 | | "Advisory Council" means the Statewide Recycling Needs | 4 | | Assessment Advisory Council established under Section 20.
| 5 | | "Agency" means the Environmental Protection Agency.
| 6 | | "Compost" has the meaning given to that term in Section | 7 | | 3.150 of the Environmental Protection Act.
| 8 | | "Compostable material" means a material that is designed | 9 | | to contact, contain, or carry a product that can be collected | 10 | | for composting and that is capable of undergoing aerobic | 11 | | biological decomposition in a controlled composting system as | 12 | | demonstrated by meeting ASTM D6400, ASTM D6868, or any | 13 | | successor standards.
| 14 | | "Composting rate" means the percentage of discarded | 15 | | materials that are managed through composting. A composting | 16 | | rate is calculated by dividing the total weight of all | 17 | | packaging and paper products that are collected for composting | 18 | | by the total weight of all packaging and paper products sold, | 19 | | distributed, or served to consumers in the State during the | 20 | | study period.
| 21 | | "Covered entity" means a person or entity responsible for: | 22 | | (1) a single or multifamily residence, either | 23 | | individually or jointly through a unit of local | 24 | | government;
| 25 | | (2) a public or private school for grades kindergarten |
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| 1 | | through 12th grade;
| 2 | | (3) a State or local government facility; or
| 3 | | (4) a public space, including, but not limited to, | 4 | | public spaces, such as parks, trails, transit stations, | 5 | | and pedestrian areas for which the State or a unit of local | 6 | | government is responsible.
| 7 | | "Curbside recycling" means the collection of recyclable | 8 | | materials from covered entities at the site where the | 9 | | recyclable materials are generated.
| 10 | | "Director" means the Director of the Agency.
| 11 | | "Drop-off recycling" means the collection of recyclable | 12 | | material from covered entities at one or more centralized | 13 | | sites.
| 14 | | "Environmental justice community" means environmental | 15 | | justice community as defined by the Illinois Solar for All | 16 | | Program, as that definition is updated from time to time by the | 17 | | Illinois Power Agency and the Administrator of the Illinois | 18 | | Solar for All Program.
| 19 | | "Hauler" means a person who collects recyclable or | 20 | | compostable materials and transports them to an MRF or compost | 21 | | facility, or to an intermediate facility from which materials | 22 | | are then transported to an MRF or compost facility.
| 23 | | "Material recovery facility" or "MRF" means a facility | 24 | | where recyclable materials collected via curbside recycling or | 25 | | drop-off recycling are consolidated and sorted for return to | 26 | | the economic mainstream in the form of raw materials.
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| 1 | | "Packaging" means a discrete material or category of | 2 | | material, regardless of recyclability. "Packaging" includes, | 3 | | but is not limited to, a material type, such as paper, plastic, | 4 | | glass, metal, or multi-material, that is:
| 5 | | (1) used to protect, contain, transport, or serve a | 6 | | product;
| 7 | | (2) sold or supplied to consumers expressly for the | 8 | | purpose of protecting, containing, transporting, or | 9 | | serving products;
| 10 | | (3) attached to a product or its container for the | 11 | | purpose of marketing or communicating information about | 12 | | the product;
| 13 | | (4) supplied at the point of sale to facilitate the | 14 | | delivery of the product; or
| 15 | | (5) supplied to or purchased by consumers expressly | 16 | | for the purpose of facilitating food or beverage | 17 | | consumption and ordinarily disposed of after a single use | 18 | | or short-term use, whether or not it could be reused.
| 19 | | "Packaging" does not include:
| 20 | | (1) a medical device or packaging that is included | 21 | | with products regulated:
| 22 | | (A) as a drug, medical device, or dietary | 23 | | supplement by the United States Food and Drug | 24 | | Administration under the Federal Food, Drug, and | 25 | | Cosmetic Act;
| 26 | | (B) as a combination product as defined under 21 |
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| 1 | | CFR 3.2(e); or
| 2 | | (C) under the federal Dietary Supplement Health | 3 | | and Education Act of 1994;
| 4 | | (2) animal biologics, including, but not limited to, | 5 | | vaccines, bacterins, antisera, diagnostic kits, other | 6 | | products of biological origin, and other packaging and | 7 | | paper products regulated by the United States Department | 8 | | of Agriculture under the federal Virus, Serum, Toxin Act;
| 9 | | (3) packaging regulated under the Federal Insecticide, | 10 | | Fungicide, and Rodenticide Act or another applicable | 11 | | federal law, rule, or regulation; and
| 12 | | (4) beverage containers subject to a returnable | 13 | | container deposit, if applicable.
| 14 | | "Paper product" means:
| 15 | | (1) paper that can or has been printed on to create | 16 | | flyers, brochures, booklets, catalogs, greeting cards, | 17 | | telephone directories, newspapers, magazines; and
| 18 | | (2) paper used for copying, writing, or any other | 19 | | general use.
| 20 | | "Paper product" does not include:
| 21 | | (1) paper that, by virtue of its anticipated use, | 22 | | could become unsafe or unsanitary to recycle; or
| 23 | | (2) any form of bound book, including, but not limited | 24 | | to, bound books for literary, textual, or reference | 25 | | purposes.
| 26 | | "Person" means any individual, partnership, copartnership, |
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| 1 | | firm, company, limited liability company, corporation, | 2 | | association, joint-stock company, trust, estate, political | 3 | | subdivision, State agency, any other legal entity, or their | 4 | | legal representative, agent, or assign.
| 5 | | "Postconsumer material" means packaging or paper products | 6 | | that have served their intended end use as consumer items. | 7 | | "Postconsumer material" does not include a by-product or waste | 8 | | material generated during or after the completion of a | 9 | | manufacturing or converting process.
| 10 | | "Postconsumer recycled content" means the portion of an | 11 | | item of packaging or paper product made from postconsumer | 12 | | material that has been recycled.
| 13 | | "Recovery rate" means the percentage of packaging and | 14 | | paper products recovered for recycling, reclamation, reuse, or | 15 | | composting. The recovery rate is calculated by dividing the | 16 | | total weight of all packaging and paper products collected for | 17 | | recycling, reclamation, reuse, or composting by the total | 18 | | weight of all packaging and paper products sold, distributed, | 19 | | or served to consumers in this State during the study period. | 20 | | "Recycling" has the meaning given to "recycling, | 21 | | reclamation or reuse" in Section 3.380 of the Environmental | 22 | | Protection Act. "Recycling" does not include landfill disposal | 23 | | of packaging or paper products or the residue resulting from | 24 | | the processing of packaging or paper products at an MRF, use as | 25 | | alternative daily cover or any other beneficial use at a | 26 | | landfill, incineration, energy recovery, or energy generation |
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| 1 | | by means of combustion, or final conversion of packaging and | 2 | | paper products or their components and by-products to a fuel.
| 3 | | "Recycling rate" means the percentage of packaging and | 4 | | paper products returned to the economic mainstream in the form | 5 | | of raw materials or products rather than being disposed of or | 6 | | discarded. The recycling rate is calculated by dividing the | 7 | | total weight of all packaging and paper products that are | 8 | | collected for recycling by the total weight of all packaging | 9 | | and paper products sold, distributed, or served to consumers | 10 | | in the State during the study period, not including the | 11 | | residue that is landfilled after processing by an MRF.
| 12 | | "Restaurant" means a business having sales of ready-to-eat | 13 | | food for immediate consumption comprising at least 51% of the | 14 | | total sales, excluding the sale of liquor. | 15 | | "Retailer" means any person engaged in the business of | 16 | | making sales at retail that generate occupation or use tax | 17 | | revenue, including, but not limited to, sales made through an | 18 | | Internet transaction to deliver an item to a consumer in the | 19 | | State. "Retailer" includes a restaurant. | 20 | | "Reusable" means:
| 21 | | (1) designed to be refilled or used repeatedly for its | 22 | | original intended purpose and is returnable;
| 23 | | (2) safe for washing and sanitizing according to | 24 | | applicable State food safety laws; and
| 25 | | (3) with the exception of ceramic products, capable of | 26 | | being recycled at the end of use.
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| 1 | | "Reuse" means the return of packaging to the economic | 2 | | stream for use in the same kind of application intended for the | 3 | | original packaging without effectuating a change in the | 4 | | original composition of the package, the identity of the | 5 | | product, or the components thereof.
| 6 | | "Reuse" means the return of packaging to the economic | 7 | | stream for use in the same kind of application intended for the | 8 | | original packaging without effectuating a change in the | 9 | | original composition of the package, the identity of the | 10 | | product, or the components thereof. | 11 | | "Rigid plastic" means packaging made of plastic that has a | 12 | | relatively inflexible finite shape or form and is capable of | 13 | | maintaining its shape while empty or while holding other | 14 | | products.
| 15 | | "Service provider" means a hauler, an MRF, or a composting | 16 | | facility.
| 17 | | "Single-use packaging or product" means a packaging or | 18 | | product that is supplied to or purchased by consumers | 19 | | expressly for the purpose of facilitating food or beverage | 20 | | consumption and that is ordinarily disposed of after a single | 21 | | use or short-term use, whether or not it could be reused.
| 22 | | "Study period" means the period represented by the data | 23 | | compiled and analyzed in the completion of the Statewide | 24 | | Recycling Needs Assessment. The study period shall be a | 25 | | minimum of a one-year calendar period not earlier than 2022 | 26 | | and shall be clearly defined in the scope of work. If more than |
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| 1 | | one year of data is used, data shall be presented on an annual | 2 | | basis.
| 3 | | Section 15. Statewide Recycling Needs Assessment Advisory | 4 | | Council. | 5 | | (a) The Statewide Recycling Needs Assessment Advisory | 6 | | Council shall be appointed by the Agency. On or before January | 7 | | 1, 2024, the Director shall appoint members to the Advisory | 8 | | Council to provide advice and recommendations to the Agency in | 9 | | the drafting, amendment, and finalization of the Statewide | 10 | | Recycling Needs Assessment.
| 11 | | (b) In appointing members to the Advisory Council under | 12 | | subsection (a), the Director shall consider representatives | 13 | | from all geographic regions of the State, all sizes of | 14 | | communities in the State, all supply chain participants in the | 15 | | recycling system, and the racial and gender diversity of this | 16 | | State. | 17 | | (c) Members of the Advisory Council shall include, but | 18 | | shall not be limited to, the following voting members:
| 19 | | (1) four individuals representing material recovery | 20 | | facilities in the State, no more than 2 of whom shall | 21 | | represent an MRF that accepts recyclables from Cook County | 22 | | or the collar counties;
| 23 | | (2) four individuals representing haulers, one of whom | 24 | | shall represent a statewide organization representing | 25 | | haulers, one of whom shall represent a publicly traded |
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| 1 | | hauler, one of whom shall represent a privately owned | 2 | | hauler, and one of whom shall operate a recycling drop-off | 3 | | facility;
| 4 | | (3) one individual representing compost collection and | 5 | | processing facilities;
| 6 | | (4) seven individuals representing rural and urban | 7 | | units of local government, one of whom shall represent a | 8 | | county with a population of less than 50,000, one of whom | 9 | | shall represent a county with a population of more than | 10 | | 50,000 and less than 1,000,000, one of whom shall | 11 | | represent a county with a population of more than | 12 | | 1,000,000, one of whom shall represent a municipality, one | 13 | | of whom shall represent a municipal joint action agency, | 14 | | one of whom shall represent a township, and one of whom | 15 | | shall represent a municipality with a population of | 16 | | 1,000,000 or more;
| 17 | | (5) two individuals representing retailers, one of | 18 | | whom shall represent a statewide association of retailers;
| 19 | | (6) two individuals representing environmental | 20 | | organizations; | 21 | | (7) one individual representing an environmental | 22 | | justice advocacy organization; | 23 | | (8) one individual representing a statewide | 24 | | manufacturing association;
| 25 | | (9) one individual representing manufacturers of | 26 | | products containing postconsumer material, or one or more |
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| 1 | | associations of such manufacturers;
| 2 | | (10) one individual representing manufacturers of | 3 | | packaging and paper products utilizing virgin materials, | 4 | | or one or more associations of suppliers of substrates of | 5 | | packaging and paper products; and | 6 | | (11) four individuals representing producers of | 7 | | consumer products. | 8 | | (d) An individual may be appointed to only one position on | 9 | | the Council. Appointments shall be for the period required to | 10 | | complete the needs assessment components of this Act.
| 11 | | (e) The duties of the Advisory Council are as follows:
| 12 | | (1) to provide guidance on the scope of work for the | 13 | | Statewide Recycling Needs Assessment required under | 14 | | Section 25;
| 15 | | (2) to assist in the provision of data required to | 16 | | complete the needs assessment;
| 17 | | (3) to review and comment on the needs assessment | 18 | | prior to completion; | 19 | | (4) to evaluate and make recommendations, including | 20 | | legislative recommendations, on how to effectively | 21 | | establish and implement a producer responsibility program | 22 | | in the State for packaging materials and paper products, | 23 | | including recommendations regarding the responsibilities | 24 | | of producers under a producer responsibility program; and
| 25 | | (5) on or before December 1, 2026, to prepare and | 26 | | submit a report of its findings and recommendations to the |
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| 1 | | General Assembly and the Governor, which shall include an | 2 | | opportunity for a minority report.
| 3 | | (f) The Advisory Council:
| 4 | | (1) shall meet at the call of the Chair, except for the | 5 | | first meeting, which shall be called by the Director;
| 6 | | (2) shall meet at least quarterly or as determined by | 7 | | the Advisory Council Chair;
| 8 | | (3) shall elect a Chair from among Advisory Council | 9 | | members by a simple majority vote;
| 10 | | (4) may adopt bylaws and a charter for the operation | 11 | | of its business for the purposes of this Act;
and | 12 | | (5) shall be provided administrative support by the | 13 | | Agency and Agency staff.
| 14 | | (g) The Agency may select and hire a third-party | 15 | | facilitator for the Advisory Council.
| 16 | | Section 20. Statewide needs assessment. | 17 | | (a) The Agency shall issue a competitive solicitation in | 18 | | accordance with the Illinois Procurement Code to select a | 19 | | qualified consultant to conduct a statewide needs assessment | 20 | | to assess recycling needs in the State for packaging and paper | 21 | | products, including identifying current conditions and an | 22 | | evaluation of the capacity, costs, gaps, and needs associated | 23 | | with recycling and the diversion of packaging and paper | 24 | | products. The Agency shall select the consultant on or before | 25 | | July 1, 2024. The needs assessment shall be funded by an |
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| 1 | | appropriation from the Agency's Solid Waste Management Fund or | 2 | | other appropriated funding.
| 3 | | (b) Packaging and paper products to be included in the | 4 | | needs assessment shall include, but may not be limited to, the | 5 | | following materials: gable-top cartons, paper cups, paper food | 6 | | packaging, mailers and envelopes, Kraft paper, corrugated | 7 | | cardboard, chipboard, coated groundwood, groundwood paper, | 8 | | coated paper board, paperboard boxes, pulpwood trays and | 9 | | take-out containers, polyethylene flexible bags, polyethylene | 10 | | wraps, polyethylene films, rigid plastics, glass bottles and | 11 | | jars, aluminum or steel aerosol cans, aluminum or steel cans, | 12 | | aluminum foil wrap, aluminum foil containers, other aluminum | 13 | | containers, and steel spiral wound containers.
| 14 | | (c) The needs assessment shall address, at a minimum, the | 15 | | following factors for covered entities:
| 16 | | (1) the quantity, by weight and type, of packaging | 17 | | materials and paper products sold at retail, distributed, | 18 | | or served to consumers in the State by material type and | 19 | | format;
| 20 | | (2) current collection systems for packaging and paper | 21 | | products in the State, including for reuse, recycling, | 22 | | composting, and disposal;
| 23 | | (3) the processing capacity and infrastructure for | 24 | | reusable, recyclable, and compostable packaging and paper | 25 | | products collected in the State, including capacity and | 26 | | infrastructure outside the State which serves or may serve |
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| 1 | | the State;
| 2 | | (4) current reuse, recycling, and composting rates for | 3 | | packaging and paper products in the State by material | 4 | | type;
| 5 | | (5) current postconsumer recycled content use by | 6 | | material type for all packaging and paper products sold in | 7 | | the State;
| 8 | | (6) current system-wide costs for the collection, | 9 | | reuse, recycling, and composting of packaging and paper | 10 | | products;
| 11 | | (7) current operational and capital funding | 12 | | limitations impacting reuse, recycling, and composting | 13 | | access and availability for packaging and paper products | 14 | | throughout the State;
| 15 | | (8) collection and processing system needs to provide | 16 | | access to curbside recycling services for all covered | 17 | | entities within municipalities with a population of 1,500 | 18 | | or more based on the most recent United States Census, | 19 | | with collection provided no less frequently than every 2 | 20 | | weeks, and at least one drop-off location for recyclable | 21 | | materials within 15 miles of the municipal boundary for | 22 | | municipalities with a population less than 1,500, with | 23 | | needs identified on a county-by-county basis for all | 24 | | counties in the State, and the estimated costs to meet the | 25 | | access requirements;
| 26 | | (9) program costs and capital investments required to |
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| 1 | | achieve a collective 50% recycling rate by December 31, | 2 | | 2035 across all packaging and paper products, including | 3 | | investment into existing and future reuse, recycling, and | 4 | | composting infrastructure for packaging and paper | 5 | | products;
| 6 | | (10) existing federal and State statutory provisions | 7 | | and public and private funding sources for the reduction, | 8 | | reuse, recycling, and composting of packaging and paper | 9 | | products;
| 10 | | (11) the market conditions and opportunities for | 11 | | reusable, recyclable, and compostable packaging and paper | 12 | | products in the State and regionally; | 13 | | (12) multilingual public education needs for the | 14 | | reduction, reuse, recycling, and composting of packaging | 15 | | and paper products, including, but not limited to, a | 16 | | scientific survey of current awareness among residents of | 17 | | this State of proper end-of-life management for packaging | 18 | | and paper products and the needs associated with the | 19 | | reduction of contamination rates at MRFs in the State;
and | 20 | | (13) an assessment of environmental justice and | 21 | | recycling equity in the State, including, but not limited | 22 | | to:
| 23 | | (A) an evaluation of current access to and the | 24 | | performance of curbside and drop-off recycling | 25 | | programs in units of local government designated as | 26 | | environmental justice areas; and
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| 1 | | (B) a comparison of the location of MRFs and | 2 | | compost facilities in units of local government that | 3 | | have been designated as environmental justice areas | 4 | | with units of local government that are not so | 5 | | designated.
| 6 | | (d) Persons with data or information required to complete | 7 | | the statewide needs assessment shall provide the Agency with | 8 | | such data or information in a timely fashion to assist in | 9 | | completing the statewide needs assessment. | 10 | | (e) On or before December 31, 2025, the Agency shall | 11 | | provide the draft needs assessment to the Advisory Council. | 12 | | The Advisory Council shall provide written comments to the | 13 | | Agency within 60 days after receipt of the needs assessment. | 14 | | The Agency's consultant shall include an assessment of | 15 | | comments received in the revised draft needs assessment | 16 | | submitted to the Agency and shall provide a summary and an | 17 | | analysis of any issues raised by the Advisory Council and | 18 | | significant changes suggested by any such comments, a | 19 | | statement of the reasons why any significant changes were not | 20 | | incorporated into the results of the study, and a description | 21 | | of any changes made to the results of the needs assessment as a | 22 | | result of such comments. The needs assessment shall be | 23 | | finalized by the Agency on or before May 1, 2026.
| 24 | | Section 25. Severability. The provisions of this Act shall | 25 | | be severable and if any phrase, clause, sentence, or provision |
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| 1 | | of this Act or the applicability thereof to any person or | 2 | | circumstance shall be held invalid, the remainder of this Act | 3 | | and the application thereof shall not be affected thereby. | 4 | | Section 30. 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, and from | 14 | | amounts transferred into the Fund pursuant to Public Act | 15 | | 100-433.
Moneys received by either the Agency or the | 16 | | Department of Commerce and Economic Opportunity
in repayment | 17 | | of loans made pursuant to the Illinois Solid Waste Management
| 18 | | Act shall be deposited into the General Revenue Fund.
| 19 | | (b) The Agency shall assess and collect a
fee in the amount | 20 | | set forth herein from the owner or operator of each sanitary
| 21 | | landfill permitted or required to be permitted by the Agency | 22 | | to dispose of
solid waste if the sanitary landfill is located | 23 | | off the site where such waste
was produced and if such sanitary | 24 | | landfill is owned, controlled, and operated
by a person other |
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| 1 | | than the generator of such waste. The Agency shall deposit
all | 2 | | fees collected into the Solid Waste Management Fund. If a site | 3 | | is
contiguous to one or more landfills owned or operated by the | 4 | | same person, the
volumes permanently disposed of by each | 5 | | landfill shall be combined for purposes
of determining the fee | 6 | | under this subsection. Beginning on July 1, 2018, and on the | 7 | | first day of each month thereafter during fiscal years 2019 | 8 | | through 2023, the State Comptroller shall direct and State | 9 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | 10 | | per fiscal year from the Solid Waste Management Fund to the | 11 | | General Revenue Fund.
| 12 | | (1) If more than 150,000 cubic yards of non-hazardous | 13 | | solid waste is
permanently disposed of at a site in a | 14 | | calendar year, the owner or operator
shall either pay a | 15 | | fee of 95 cents per cubic yard or,
alternatively, the | 16 | | owner or operator may weigh the quantity of the solid | 17 | | waste
permanently disposed of with a device for which | 18 | | certification has been obtained
under the Weights and | 19 | | Measures Act and pay a fee of $2.00 per
ton of solid waste | 20 | | permanently disposed of. In no case shall the fee | 21 | | collected
or paid by the owner or operator under this | 22 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| 23 | | (2) If more than 100,000 cubic yards but not more than | 24 | | 150,000 cubic
yards of non-hazardous waste is permanently | 25 | | disposed of at a site in a calendar
year, the owner or | 26 | | operator shall pay a fee of $52,630.
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| 1 | | (3) If more than 50,000 cubic yards but not more than | 2 | | 100,000 cubic
yards of non-hazardous solid waste is | 3 | | permanently disposed of at a site
in a calendar year, the | 4 | | owner or operator shall pay a fee of $23,790.
| 5 | | (4) If more than 10,000 cubic yards but not more than | 6 | | 50,000 cubic
yards of non-hazardous solid waste is | 7 | | permanently disposed of at a site
in a calendar year, the | 8 | | owner or operator shall pay a fee of $7,260.
| 9 | | (5) If not more than 10,000 cubic yards of | 10 | | non-hazardous solid waste is
permanently disposed of at a | 11 | | site in a calendar year, the owner or operator
shall pay a | 12 | | fee of $1050.
| 13 | | (c) (Blank).
| 14 | | (d) The Agency shall establish rules relating to the | 15 | | collection of the
fees authorized by this Section. Such rules | 16 | | shall include, but not be
limited to:
| 17 | | (1) necessary records identifying the quantities of | 18 | | solid waste received
or disposed;
| 19 | | (2) the form and submission of reports to accompany | 20 | | the payment of fees
to the Agency;
| 21 | | (3) the time and manner of payment of fees to the | 22 | | Agency, which payments
shall not be more often than | 23 | | quarterly; and
| 24 | | (4) procedures setting forth criteria establishing | 25 | | when an owner or
operator may measure by weight or volume | 26 | | during any given quarter or other
fee payment period.
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| 1 | | (e) Pursuant to appropriation, all monies in the Solid | 2 | | Waste Management
Fund shall be used by the Agency for the | 3 | | purposes set forth in this Section and in the Illinois
Solid | 4 | | Waste Management Act, including for the costs of fee | 5 | | collection and
administration, and for the administration of | 6 | | the Consumer Electronics Recycling Act , and the Drug Take-Back | 7 | | Act , and the Statewide Recycling Needs Assessment .
| 8 | | (f) The Agency is authorized to enter into such agreements | 9 | | and to
promulgate such rules as are necessary to carry out its | 10 | | duties under this
Section and the Illinois Solid Waste | 11 | | Management Act.
| 12 | | (g) On the first day of January, April, July, and October | 13 | | of each year,
beginning on July 1, 1996, the State Comptroller | 14 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 15 | | Management Fund to the Hazardous Waste
Fund. Moneys | 16 | | transferred under this subsection (g) shall be used only for | 17 | | the
purposes set forth in item (1) of subsection (d) of Section | 18 | | 22.2.
| 19 | | (h) The Agency is authorized to provide financial | 20 | | assistance to units of
local government for the performance of | 21 | | inspecting, investigating , and
enforcement activities pursuant | 22 | | to subsection (r) of Section 4 Section 4(r) at nonhazardous | 23 | | solid
waste disposal sites.
| 24 | | (i) The Agency is authorized to conduct household waste | 25 | | collection and
disposal programs.
| 26 | | (j) A unit of local government, as defined in the Local |
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| 1 | | Solid Waste Disposal
Act, in which a solid waste disposal | 2 | | facility is located may establish a fee,
tax, or surcharge | 3 | | with regard to the permanent disposal of solid waste.
All | 4 | | fees, taxes, and surcharges collected under this subsection | 5 | | shall be
utilized for solid waste management purposes, | 6 | | including long-term monitoring
and maintenance of landfills, | 7 | | planning, implementation, inspection, enforcement
and other | 8 | | activities consistent with the Solid Waste Management Act and | 9 | | the
Local Solid Waste Disposal Act, or for any other | 10 | | environment-related purpose,
including, but not limited to, an | 11 | | environment-related public works project, but
not for the | 12 | | construction of a new pollution control facility other than a
| 13 | | household hazardous waste facility. However, the total fee, | 14 | | tax or surcharge
imposed by all units of local government | 15 | | under this subsection (j) upon the
solid waste disposal | 16 | | facility shall not exceed:
| 17 | | (1) 60˘ per cubic yard if more than 150,000 cubic | 18 | | yards of non-hazardous
solid waste is permanently disposed | 19 | | of at the site in a calendar year, unless
the owner or | 20 | | operator weighs the quantity of the solid waste received | 21 | | with a
device for which certification has been obtained | 22 | | under the Weights and Measures
Act, in which case the fee | 23 | | shall not exceed $1.27 per ton of solid waste
permanently | 24 | | disposed of.
| 25 | | (2) $33,350 if more than 100,000
cubic yards, but not | 26 | | more than 150,000 cubic yards, of non-hazardous waste
is |
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| 1 | | permanently disposed of at the site in a calendar year.
| 2 | | (3) $15,500 if more than 50,000 cubic
yards, but not | 3 | | more than 100,000 cubic yards, of non-hazardous solid | 4 | | waste is
permanently disposed of at the site in a calendar | 5 | | year.
| 6 | | (4) $4,650 if more than 10,000 cubic
yards, but not | 7 | | more than 50,000 cubic yards, of non-hazardous solid waste
| 8 | | is permanently disposed of at the site in a calendar year.
| 9 | | (5) $650 if not more than 10,000 cubic
yards of | 10 | | non-hazardous solid waste is permanently disposed of at | 11 | | the site in
a calendar year.
| 12 | | The corporate authorities of the unit of local government
| 13 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 14 | | highway
commissioner whose road district lies wholly or | 15 | | partially within the
corporate limits of the unit of local | 16 | | government for expenses incurred in
the removal of | 17 | | nonhazardous, nonfluid municipal waste that has been dumped
on | 18 | | public property in violation of a State law or local | 19 | | ordinance.
| 20 | | For the disposal of solid waste from general construction
| 21 | | or demolition debris recovery facilities as defined in | 22 | | subsection (a-1) of Section 3.160, the total fee, tax, or | 23 | | surcharge imposed by
all units of local government under this | 24 | | subsection (j) upon
the solid waste disposal facility shall | 25 | | not exceed 50% of the
applicable amount set forth above. A unit | 26 | | of local government,
as defined in the Local Solid Waste |
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| 1 | | Disposal Act, in which a
general construction or demolition | 2 | | debris recovery facility is
located may establish a fee, tax, | 3 | | or surcharge on the general construction or demolition debris | 4 | | recovery facility with
regard to the permanent disposal of | 5 | | solid waste by the
general construction or demolition debris | 6 | | recovery facility at
a solid waste disposal facility, provided | 7 | | that such fee, tax,
or surcharge shall not exceed 50% of the | 8 | | applicable amount set
forth above, based on the total amount | 9 | | of solid waste transported from the general construction or | 10 | | demolition debris recovery facility for disposal at solid | 11 | | waste disposal facilities, and the unit of local government | 12 | | and fee shall be
subject to all other requirements of this | 13 | | subsection (j). | 14 | | A county or Municipal Joint Action Agency that imposes a | 15 | | fee, tax, or
surcharge under this subsection may use the | 16 | | proceeds thereof to reimburse a
municipality that lies wholly | 17 | | or partially within its boundaries for expenses
incurred in | 18 | | the removal of nonhazardous, nonfluid municipal waste that has | 19 | | been
dumped on public property in violation of a State law or | 20 | | local ordinance.
| 21 | | If the fees are to be used to conduct a local sanitary | 22 | | landfill
inspection or enforcement program, the unit of local | 23 | | government must enter
into a written delegation agreement with | 24 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 25 | | local government and the Agency shall enter
into such a | 26 | | written delegation agreement within 60 days after the
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| 1 | | establishment of such fees. At least annually,
the Agency | 2 | | shall conduct an audit of the expenditures made by units of | 3 | | local
government from the funds granted by the Agency to the | 4 | | units of local
government for purposes of local sanitary | 5 | | landfill inspection and enforcement
programs, to ensure that | 6 | | the funds have been expended for the prescribed
purposes under | 7 | | the grant.
| 8 | | The fees, taxes or surcharges collected under this | 9 | | subsection (j) shall
be placed by the unit of local government | 10 | | in a separate fund, and the
interest received on the moneys in | 11 | | the fund shall be credited to the fund. The
monies in the fund | 12 | | may be accumulated over a period of years to be
expended in | 13 | | accordance with this subsection.
| 14 | | A unit of local government, as defined in the Local Solid | 15 | | Waste Disposal
Act, shall prepare and post on its website, in | 16 | | April of each year, a
report that details spending plans for | 17 | | monies collected in accordance with
this subsection. The | 18 | | report will at a minimum include the following:
| 19 | | (1) The total monies collected pursuant to this | 20 | | subsection.
| 21 | | (2) The most current balance of monies collected | 22 | | pursuant to this
subsection.
| 23 | | (3) An itemized accounting of all monies expended for | 24 | | the previous year
pursuant to this subsection.
| 25 | | (4) An estimation of monies to be collected for the | 26 | | following 3
years pursuant to this subsection.
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| 1 | | (5) A narrative detailing the general direction and | 2 | | scope of future
expenditures for one, 2 and 3 years.
| 3 | | The exemptions granted under Sections 22.16 and 22.16a, | 4 | | and under
subsection (k) of this Section, shall be applicable | 5 | | to any fee,
tax or surcharge imposed under this subsection | 6 | | (j); except that the fee,
tax or surcharge authorized to be | 7 | | imposed under this subsection (j) may be
made applicable by a | 8 | | unit of local government to the permanent disposal of
solid | 9 | | waste after December 31, 1986, under any contract lawfully | 10 | | executed
before June 1, 1986 under which more than 150,000 | 11 | | cubic yards (or 50,000 tons)
of solid waste is to be | 12 | | permanently disposed of, even though the waste is
exempt from | 13 | | the fee imposed by the State under subsection (b) of this | 14 | | Section
pursuant to an exemption granted under Section 22.16.
| 15 | | (k) In accordance with the findings and purposes of the | 16 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 | 17 | | the fee under subsection
(b) and the fee, tax or surcharge | 18 | | under subsection (j) shall not apply to:
| 19 | | (1) waste which is hazardous waste;
| 20 | | (2) waste which is pollution control waste;
| 21 | | (3) waste from recycling, reclamation or reuse | 22 | | processes which have been
approved by the Agency as being | 23 | | designed to remove any contaminant from
wastes so as to | 24 | | render such wastes reusable, provided that the process
| 25 | | renders at least 50% of the waste reusable; the exemption | 26 | | set forth in this paragraph (3) of this subsection (k) |
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| 1 | | shall not apply to general construction or demolition | 2 | | debris recovery
facilities as defined in subsection (a-1) | 3 | | of Section 3.160;
| 4 | | (4) non-hazardous solid waste that is received at a | 5 | | sanitary landfill
and composted or recycled through a | 6 | | process permitted by the Agency; or
| 7 | | (5) any landfill which is permitted by the Agency to | 8 | | receive only
demolition or construction debris or | 9 | | landscape waste.
| 10 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | 11 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | 12 | | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | 13 | | 102-1055, eff. 6-10-22; revised 8-25-22.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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