Full Text of SB1555 103rd General Assembly
SB1555sam001 103RD GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/26/2023
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| 1 | | AMENDMENT TO SENATE BILL 1555
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1555 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Statewide Recycling Needs Assessment and Postconsumer Recycled | 6 | | Content Act. | 7 | | Section 5. Findings and purpose. The General Assembly | 8 | | finds that: | 9 | | (1) Recycling rates have been stagnant in Illinois for | 10 | | over 15 years. Many Illinois counties continue to fall short | 11 | | of the long-standing recycling goal of 25% established in 1988 | 12 | | in the Solid Waste Planning and Recycling Act. | 13 | | (2) In Illinois, more than 40% (over 7,000,000 tons per | 14 | | year) of municipal solid waste disposed of in landfills is | 15 | | comprised of packaging and paper products. Of this amount, | 16 | | nearly 80% consists of materials commonly collected in |
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| 1 | | curbside recycling programs in areas of the State with mature | 2 | | recycling programs. The remainder includes packaging products | 3 | | such as polystyrene, #3-#7 plastics, plastic bags, flexible | 4 | | pouches, and other plastic films which are not currently | 5 | | acceptable in curbside recycling and for which limited | 6 | | drop-off recycling options exist.
| 7 | | (3) Consumers have limited sustainable purchasing choices. | 8 | | Illinois residents are generating packaging and paper waste | 9 | | that is beyond their ability to reuse or recycle. Consumers | 10 | | are also given confusing, inconsistent messages through | 11 | | various means about which materials can be recycled, and thus | 12 | | inadvertently create contamination in recycling streams. There | 13 | | is widespread recycling fatigue and public skepticism about | 14 | | the efficacy of recycling in Illinois.
| 15 | | (4) Volatility in global recycling markets due to import | 16 | | restrictions such as the China National Sword policy, as well | 17 | | as impacts on supply chains and material demand due to the | 18 | | COVID-19 pandemic, have further challenged markets for | 19 | | recycled materials and destabilized the recycling system in | 20 | | the State.
| 21 | | (5) Significant and increasing quantities of plastics and | 22 | | packaging materials are seen in the environment, including in | 23 | | Illinois rivers, lakes, and streams. This pollution impacts | 24 | | the drinking water, wildlife, and recreational value of vital | 25 | | natural resources.
| 26 | | (6) Consumer brands are solely responsible for choices |
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| 1 | | about the types and amounts of packaging used to package | 2 | | products. Units of local government and residents must, | 3 | | therefore, manage increasingly complex materials even though | 4 | | they have no input in designing or bringing these materials to | 5 | | market.
| 6 | | (7) Units of local government are expected to fund | 7 | | collection and processing costs for an increasing volume of | 8 | | packaging and paper products, and the cost of recycling | 9 | | programs continues to rise with the complexity of the material | 10 | | stream that material recycling facilities are required to | 11 | | manage. Furthermore, many multifamily residences and rural | 12 | | areas of the State do not have access to adequate recycling | 13 | | opportunities.
| 14 | | (8) As materials continue to be landfilled and littered, | 15 | | lower-income and rural communities across the State bear | 16 | | environmental, health, and economic consequences.
| 17 | | (9) By failing to reuse or recycle packaging and paper | 18 | | products, Illinois loses economic value and green sector jobs. | 19 | | Establishing postconsumer recycled content requirements for | 20 | | rigid plastics will increase markets for this increasingly | 21 | | common packaging material, reduce demand for natural | 22 | | resources, and reduce greenhouse gas emissions.
| 23 | | (10) An assessment of current recycling and materials | 24 | | management practices in the State, including evaluation of | 25 | | collections, access to service, capacity, costs, gaps, and | 26 | | needs associated with diverting packaging and paper products |
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| 1 | | from disposal, will provide needed information on current | 2 | | conditions and support identification of future needs to | 3 | | manage packaging and paper products in a sustainable, | 4 | | environmentally protective, and cost-effective manner.
| 5 | | (11) The Statewide Recycling Needs Assessment will provide | 6 | | data to facilitate future consideration of producer | 7 | | responsibility or product stewardship legislation for | 8 | | packaging and paper products, including to establish | 9 | | performance targets, calculate cost impacts, and assign | 10 | | responsibilities.
| 11 | | Section 10. Definitions. In this Act: | 12 | | "Advisory Council" means the Statewide Recycling Needs | 13 | | Assessment Advisory Council established under Section 20.
| 14 | | "Agency" means the Environmental Protection Agency.
| 15 | | "Compost" has the meaning given to that term in Section | 16 | | 3.150 of the Environmental Protection Act.
| 17 | | "Compostable material" means a material that is designed | 18 | | to contact, contain, or carry a product that can be collected | 19 | | for composting and that is capable of undergoing aerobic | 20 | | biological decomposition in a controlled composting system as | 21 | | demonstrated by meeting ASTM D6400, ASTM D6868, or any | 22 | | successor standards.
| 23 | | "Composting rate" means the percentage of discarded | 24 | | materials that are managed through composting. A composting | 25 | | rate is calculated by dividing the total weight of all |
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| 1 | | packaging and paper products that are collected for composting | 2 | | by the total weight of all packaging and paper products sold, | 3 | | distributed, or served to consumers in the State during the | 4 | | study period.
| 5 | | "Covered entity" means a person or entity responsible for: | 6 | | (1) a single or multifamily residence, either | 7 | | individually or jointly through a unit of local | 8 | | government;
| 9 | | (2) a public or private school for grades kindergarten | 10 | | through 12th grade;
| 11 | | (3) a State or local government facility; or
| 12 | | (4) a public space, including, but not limited to, | 13 | | public spaces, such as parks, trails, transit stations, | 14 | | and pedestrian areas for which the State or a unit of local | 15 | | government is responsible.
| 16 | | "Curbside recycling" means the collection of recyclable | 17 | | materials from covered entities at the site where the | 18 | | recyclable materials are generated.
| 19 | | "Director" means the Director of the Agency.
| 20 | | "Drop-off recycling" means the collection of recyclable | 21 | | material from covered entities at one or more centralized | 22 | | sites.
| 23 | | "Environmental justice community" means environmental | 24 | | justice community as defined by the Illinois Solar for All | 25 | | Program, as that definition is updated from time to time by the | 26 | | Illinois Power Agency and the Administrator of the Illinois |
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| 1 | | Solar for All Program.
| 2 | | "Hauler" means a person who collects recyclable or | 3 | | compostable materials and transports them to a MRF or compost | 4 | | facility, or to an intermediate facility from which materials | 5 | | are then transported to a MRF or compost facility.
| 6 | | "Material recovery facility" or "MRF" means a facility | 7 | | where recyclable materials collected via curbside recycling or | 8 | | drop-off recycling are consolidated and sorted for return to | 9 | | the economic mainstream in the form of raw materials.
| 10 | | "Nonprofit organization" means a tax-exempt charitable or | 11 | | social welfare organization operating under 26 U.S.C. | 12 | | 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code of | 13 | | 1986.
| 14 | | "Packaging" means a discrete material or category of | 15 | | material, regardless of recyclability. "Packaging" includes, | 16 | | but is not limited to, a material type, such as paper, plastic, | 17 | | glass, metal, or multi-material, that is:
| 18 | | (1) used to protect, contain, transport, or serve a | 19 | | product;
| 20 | | (2) sold or supplied to consumers expressly for the | 21 | | purpose of protecting, containing, transporting, or | 22 | | serving products;
| 23 | | (3) attached to a product or its container for the | 24 | | purpose of marketing or communicating information about | 25 | | the product;
| 26 | | (4) supplied at the point of sale to facilitate the |
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| 1 | | delivery of the product; or
| 2 | | (5) supplied to or purchased by consumers expressly | 3 | | for the purpose of facilitating food or beverage | 4 | | consumption and ordinarily disposed of after a single use | 5 | | or short-term use, whether or not it could be reused.
| 6 | | "Packaging" does not include:
| 7 | | (1) a medical device or packaging that is included | 8 | | with products regulated:
| 9 | | (A) as a drug, medical device, or dietary | 10 | | supplement by the United States Food and Drug | 11 | | Administration under the Federal Food, Drug, and | 12 | | Cosmetic Act;
| 13 | | (B) as a combination product as defined under 21 | 14 | | CFR 3.2(e); or
| 15 | | (C) under the federal Dietary Supplement Health | 16 | | and Education Act of 1994;
| 17 | | (2) animal biologics, including, but not limited to, | 18 | | vaccines, bacterins, antisera, diagnostic kits, other | 19 | | products of biological origin, and other packaging and | 20 | | paper products regulated by the United States Department | 21 | | of Agriculture under the federal Virus, Serum, Toxin Act;
| 22 | | (3) packaging regulated under the Federal Insecticide, | 23 | | Fungicide, and Rodenticide Act or another applicable | 24 | | federal law, rule, or regulation; and
| 25 | | (4) beverage containers subject to a returnable | 26 | | container deposit, if applicable.
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| 1 | | "Paper product" means:
| 2 | | (1) paper that can or has been printed on to create | 3 | | flyers, brochures, booklets, catalogs, greeting cards, | 4 | | telephone directories, newspapers, magazines; and
| 5 | | (2) paper used for copying, writing, or any other | 6 | | general use.
| 7 | | "Paper product" does not include:
| 8 | | (1) paper that, by virtue of its anticipated use, | 9 | | could become unsafe or unsanitary to recycle; or
| 10 | | (2) any form of bound book, including, but not limited | 11 | | to, bound books for literary, textual, or reference | 12 | | purposes.
| 13 | | "Person" means any individual, partnership, copartnership, | 14 | | firm, company, limited liability company, corporation, | 15 | | association, joint-stock company, trust, estate, political | 16 | | subdivision, State agency, any other legal entity, or their | 17 | | legal representative, agent, or assign.
| 18 | | "Postconsumer material" means packaging or paper products | 19 | | that have served their intended end use as consumer items. | 20 | | "Postconsumer material" does not include a by-product or waste | 21 | | material generated during or after the completion of a | 22 | | manufacturing or converting process.
| 23 | | "Postconsumer recycled content" means the portion of an | 24 | | item of packaging or paper product made from postconsumer | 25 | | material that has been recycled.
| 26 | | "Producer" means the following:
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| 1 | | (1) For products sold, offered for sale, distributed, | 2 | | or served in packaging to consumers at a physical retail | 3 | | location in this State:
| 4 | | (A) the product's manufacturer, if the product is | 5 | | sold, offered for sale, distributed, or served in | 6 | | packaging under the product manufacturer's own brand | 7 | | or in packaging that lacks identification of a brand;
| 8 | | (B) except as provided under subparagraph (C), the | 9 | | owner of the brand under which the product is sold, | 10 | | offered for sale, distributed, or served to consumers, | 11 | | if the product is sold, offered for sale, distributed, | 12 | | or served to consumers under a brand other than the | 13 | | product manufacturer's own brand;
| 14 | | (C) the manufacturer of the packaging and not its | 15 | | retailer, if the product is manufactured on behalf of | 16 | | a retailer and is sold, offered for sale, distributed, | 17 | | or served under the retailer's brand or is licensed or | 18 | | trademarked by the retailer; or
| 19 | | (D) if there is no person described in | 20 | | subparagraph (A), (B), or (C) within the United | 21 | | States, the person who imports the product into the | 22 | | United States.
| 23 | | (2) For products sold, distributed, or served in | 24 | | packaging to consumers in this State via remote sale, | 25 | | distribution, or service:
| 26 | | (A) the producer of the product's packaging is the |
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| 1 | | producer determined under paragraph (1); and
| 2 | | (B) the producer of packaging used to ship the | 3 | | product to a consumer, such as a box, envelope, or | 4 | | other packaging used for shipping, is the person that | 5 | | manufactured the packaging used for shipping.
| 6 | | (3) For all packaging other than packaging identified | 7 | | in paragraphs (1) and (2), the manufacturer of the | 8 | | packaged product is the producer of the packaging.
| 9 | | (4) For paper products that are publications, such as | 10 | | magazines, newspapers, catalogs, or telephone directories, | 11 | | the publisher is the producer of the paper product.
| 12 | | (5) For paper products not described in paragraph (4), | 13 | | the producer is the same as the producer as determined | 14 | | under paragraphs (1) and (2).
| 15 | | "Producer" does not include:
| 16 | | (1) government agencies or units of local government;
| 17 | | (2) nonprofit organizations; | 18 | | (3) retailers; or
| 19 | | (4) persons that annually sell, offer for sale, | 20 | | distribute, or serve to consumers in this State, or import | 21 | | into the United States for sale in this State, either:
| 22 | | (A) less than one ton of packaging and paper | 23 | | products annually in this State; or
| 24 | | (B) packaged products that generate less than | 25 | | $3,000,000 in gross revenue nationally annually.
| 26 | | "Producer responsibility organization" means a registered |
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| 1 | | nonprofit organization designated by one or more producers to | 2 | | act as an agent on behalf of each producer in the group for | 3 | | purposes of completing the needs assessment in accordance with | 4 | | this Act.
| 5 | | "Recovery rate" means the percentage of packaging and | 6 | | paper products recovered for recycling, reclamation, reuse, or | 7 | | composting. The recovery rate is calculated by dividing the | 8 | | total weight of all packaging and paper products collected for | 9 | | recycling, reclamation, reuse, or composting by the total | 10 | | weight of all packaging and paper products sold, distributed, | 11 | | or served to consumers in this State during the study period. | 12 | | "Recycling" has the meaning given to "recycling, | 13 | | reclamation or reuse" in Section 3.380 of the Environmental | 14 | | Protection Act. "Recycling" does not include landfill disposal | 15 | | of packaging or paper products or the residue resulting from | 16 | | the processing of packaging or paper products at a MRF, use as | 17 | | alternative daily cover or any other beneficial use at a | 18 | | landfill, incineration, energy recovery, or energy generation | 19 | | by means of combustion, or final conversion of packaging and | 20 | | paper products or their components and by-products to a fuel.
| 21 | | "Recycling rate" means the percentage of packaging and | 22 | | paper products returned to the economic mainstream in the form | 23 | | of raw materials or products rather than being disposed of or | 24 | | discarded. The recycling rate is calculated by dividing the | 25 | | total weight of all packaging and paper products that are | 26 | | collected for recycling by the total weight of all packaging |
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| 1 | | and paper products sold, distributed, or served to consumers | 2 | | in the State during the study period, not including the | 3 | | residue that is landfilled after processing by a MRF.
| 4 | | "Restaurant" means a business having sales of ready-to-eat | 5 | | food for immediate consumption comprising at least 51% of the | 6 | | total sales, excluding the sale of liquor.
| 7 | | "Retailer" means any person engaged in the business of | 8 | | making sales at retail that generate occupation or use tax | 9 | | revenue, including, but not limited to, sales made through an | 10 | | Internet transaction to deliver an item to a consumer in the | 11 | | State. "Retailer" includes a restaurant.
| 12 | | "Reusable" means:
| 13 | | (1) designed to be refilled or used repeatedly for its | 14 | | original intended purpose and is returnable;
| 15 | | (2) safe for washing and sanitizing according to | 16 | | applicable State food safety laws; and
| 17 | | (3) with the exception of ceramic products, capable of | 18 | | being recycled at the end of use.
| 19 | | "Reuse" means the return of packaging to the economic | 20 | | stream for use in the same kind of application intended for the | 21 | | original packaging without effectuating a change in the | 22 | | original composition of the package, the identity of the | 23 | | product, or the components thereof.
| 24 | | "Rigid plastic" means packaging made of plastic that has a | 25 | | relatively inflexible finite shape or form and is capable of | 26 | | maintaining its shape while empty or while holding other |
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| 1 | | products.
| 2 | | "Service provider" means a hauler, MRF, or composting | 3 | | facility.
| 4 | | "Single-use packaging or product" means a packaging or | 5 | | product that is supplied to or purchased by consumers | 6 | | expressly for the purpose of facilitating food or beverage | 7 | | consumption and that is ordinarily disposed of after a single | 8 | | use or short-term use, whether or not it could be reused.
| 9 | | "Study period" means the period represented by the data | 10 | | compiled and analyzed in the completion of the Statewide | 11 | | Recycling Needs Assessment. The study period shall be a | 12 | | minimum of a one-year calendar period not earlier than 2022 | 13 | | and shall be clearly defined in the scope of work. If more than | 14 | | one year of data is used, data shall be presented on an annual | 15 | | basis.
| 16 | | Section 15. Producer responsibility organization. | 17 | | (a) A producer responsibility organization shall be | 18 | | established to carry out relevant provisions under this Act.
| 19 | | (b) On or before February 1, 2024, the Agency shall | 20 | | approve a single producer responsibility organization to | 21 | | represent the interests of producers under this Act. The | 22 | | Agency shall implement an application and review process to | 23 | | select a single producer responsibility organization, if more | 24 | | than one organization proposes to be designated. The | 25 | | application process shall include the following:
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| 1 | | (1) A producer responsibility organization shall | 2 | | submit a notice of intent to apply as the single producer | 3 | | responsibility organization by November 1, 2023.
| 4 | | (2) If more than one producer responsibility | 5 | | organization submits a notice of intent, each producer | 6 | | responsibility organization shall be required to submit an | 7 | | application by December 1, 2023 on a form prescribed by | 8 | | the Agency to:
| 9 | | (A) identify each producer that intends to | 10 | | authorize a producer responsibility organization to | 11 | | operate on the producer's behalf;
| 12 | | (B) provide the name, address, and contact | 13 | | information of the producer responsibility | 14 | | organization;
| 15 | | (C) identify the members of the governing board of | 16 | | a producer responsibility organization, which shall | 17 | | represent a diverse range of producers by size and | 18 | | type of packaging material; and
| 19 | | (D) describe the data types and sources to be | 20 | | provided by producers, a producer responsibility | 21 | | organization, and other persons as necessary to | 22 | | facilitate the comprehensive statewide needs | 23 | | assessment study's completion.
| 24 | | Section 20. Statewide Recycling Needs Assessment Advisory | 25 | | Council. |
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| 1 | | (a) The Statewide Recycling Needs Assessment Advisory | 2 | | Council shall be appointed by the Agency. On or before January | 3 | | 1, 2024, the Director shall appoint members to the Advisory | 4 | | Council to provide advice and recommendations to the Agency | 5 | | and the producer responsibility organization in the drafting, | 6 | | amendment, and finalization of the Statewide Recycling Needs | 7 | | Assessment.
| 8 | | (b) In appointing members to the Advisory Council under | 9 | | subsection (a), the Director shall consider representatives | 10 | | from all geographic regions of the State, all sizes of | 11 | | communities in the State, all supply chain participants in the | 12 | | recycling system, and the racial and gender diversity of this | 13 | | State. | 14 | | (c) Members of the Advisory Council shall include, but | 15 | | shall not be limited to, the following voting members:
| 16 | | (1) four individuals representing material recovery | 17 | | facilities in the State, no more than 2 of whom shall | 18 | | represent a MRF that accepts recyclables from Cook County | 19 | | or the collar counties;
| 20 | | (2) four individuals representing haulers, one of whom | 21 | | shall represent a statewide organization representing | 22 | | haulers, one of whom shall represent a publicly traded | 23 | | hauler, one of whom shall represent a privately owned | 24 | | hauler, and one of whom shall operate a recycling drop-off | 25 | | facility;
| 26 | | (3) one individual representing compost collection and |
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| 1 | | processing facilities;
| 2 | | (4) seven individuals representing rural and urban | 3 | | units of local government, one of whom shall represent a | 4 | | county with a population of less than 50,000, one of whom | 5 | | shall represent a county with a population of more than | 6 | | 50,000 and less than 1,000,000, one of whom shall | 7 | | represent a county with a population of more than | 8 | | 1,000,000, one of whom shall represent a municipality, one | 9 | | of whom shall represent a municipal joint action agency, | 10 | | one of whom shall represent a township, and one of whom | 11 | | shall represent a municipality with a population of | 12 | | 1,000,000 or more;
| 13 | | (5) one individual representing retailers or a | 14 | | statewide association of retailers;
| 15 | | (6) two individuals representing environmental | 16 | | organizations; and
| 17 | | (7) one individual representing an environmental | 18 | | justice advocacy organization.
| 19 | | (d) The Advisory Council shall include the following | 20 | | nonvoting members, appointed by the Director, to facilitate | 21 | | the work of the Advisory Council:
| 22 | | (1) one individual representing a producer | 23 | | responsibility organization, which shall be appointed | 24 | | after selection by the Agency of a producer responsibility | 25 | | organization;
| 26 | | (2) one individual representing manufacturers of |
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| 1 | | products containing postconsumer material, or one or more | 2 | | associations of such manufacturers;
| 3 | | (3) one individual representing manufacturers of | 4 | | packaging and paper products utilizing virgin materials, | 5 | | or one or more associations of suppliers of substrates of | 6 | | packaging and paper products;
| 7 | | (4) four individuals representing trade associations, | 8 | | one of whom shall represent a fiber trade association, one | 9 | | of whom shall represent a plastic trade association, one | 10 | | of whom shall represent a metal trade association, and one | 11 | | of whom shall represent a glass trade association; and
| 12 | | (5) one individual representing the Agency.
| 13 | | (e) An individual may be appointed to only one position on | 14 | | the Council. Appointments shall be for the period required to | 15 | | complete the needs assessment components of this Act.
| 16 | | (f) The duties of the voting members of the Advisory | 17 | | Council are as follows:
| 18 | | (1) to provide guidance on the scope of work and | 19 | | Request for Proposal for the Statewide Recycling Needs | 20 | | Assessment required under Section 25;
| 21 | | (2) to assist in the provision of data required to | 22 | | complete the needs assessment;
| 23 | | (3) to review and comment on the needs assessment | 24 | | prior to completion; | 25 | | (4) to evaluate and make recommendations, including | 26 | | legislative recommendations, on how to effectively |
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| 1 | | establish and implement a producer responsibility program | 2 | | in the State for packaging materials and paper products, | 3 | | including recommendations regarding the responsibilities | 4 | | of producers under a producer responsibility program; and
| 5 | | (5) on or before December 1, 2026, to prepare and | 6 | | submit a report of its findings and recommendations to the | 7 | | General Assembly and the Governor, which shall include an | 8 | | opportunity for a minority report.
| 9 | | (g) The Advisory Council:
| 10 | | (1) shall meet at the call of the Chair, except for the | 11 | | first meeting, which shall be called by the Director;
| 12 | | (2) shall meet at least quarterly or as determined by | 13 | | the Advisory Council Chair;
| 14 | | (3) shall elect a Chair from among Advisory Council | 15 | | members by a simple majority vote;
| 16 | | (4) may adopt bylaws and a charter for the operation | 17 | | of its business for the purposes of this Act;
and | 18 | | (5) shall be provided administrative support by the | 19 | | Agency and Agency staff.
| 20 | | (h) The Agency may select and hire a third-party | 21 | | facilitator for the Advisory Council.
| 22 | | Section 25. Statewide needs assessment. | 23 | | (a) On or before April 1, 2024, the Agency shall issue a | 24 | | Request for Proposal to select a qualified consultant to | 25 | | conduct a statewide needs assessment to assess recycling needs |
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| 1 | | in the State for packaging and paper products, including | 2 | | identifying current conditions and an evaluation of the | 3 | | capacity, costs, gaps, and needs associated with recycling and | 4 | | the diversion of packaging and paper products. The Agency | 5 | | shall select the consultant on or before July 1, 2024. The | 6 | | needs assessment shall be funded by an appropriation from the | 7 | | Agency's Solid Waste Management Fund.
| 8 | | (b) Packaging and paper products to be included in the | 9 | | needs assessment shall include, but may not be limited to, the | 10 | | following materials: gable-top cartons, paper cups, paper food | 11 | | packaging, mailers and envelopes, Kraft paper, corrugated | 12 | | cardboard, chipboard, coated groundwood, groundwood paper, | 13 | | coated paper board, paperboard boxes, pulpwood trays and | 14 | | take-out containers, polyethylene flexible bags, polyethylene | 15 | | wraps, polyethylene films, rigid plastics, glass bottles and | 16 | | jars, aluminum or steel aerosol cans, aluminum or steel cans, | 17 | | aluminum foil wrap, aluminum foil containers, other aluminum | 18 | | containers, and steel spiral wound containers.
| 19 | | (c) The needs assessment shall address, at a minimum, the | 20 | | following factors for covered entities:
| 21 | | (1) the quantity, by weight and type, of packaging | 22 | | materials and paper products sold at retail, distributed, | 23 | | or served to consumers in the State by producers by | 24 | | material type and format, with data provided by producers | 25 | | through a producer responsibility organization;
| 26 | | (2) current collection systems for packaging and paper |
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| 1 | | products in the State, including for reuse, recycling, | 2 | | composting, and disposal;
| 3 | | (3) the processing capacity and infrastructure for | 4 | | reusable, recyclable, and compostable packaging and paper | 5 | | products collected in the State, including capacity and | 6 | | infrastructure outside the State which serves or may serve | 7 | | the State;
| 8 | | (4) current reuse, recycling, and composting rates for | 9 | | packaging and paper products in the State by material | 10 | | type;
| 11 | | (5) current postconsumer recycled content use by | 12 | | material type for all packaging and paper products sold in | 13 | | the State;
| 14 | | (6) current system-wide costs for the collection, | 15 | | reuse, recycling, and composting of packaging and paper | 16 | | products;
| 17 | | (7) current operational and capital funding | 18 | | limitations impacting reuse, recycling, and composting | 19 | | access and availability for packaging and paper products | 20 | | throughout the State;
| 21 | | (8) collection and processing system needs to provide | 22 | | access to curbside recycling services for all covered | 23 | | entities within municipalities with a population of 1,500 | 24 | | or more based on the most recent United States Census, | 25 | | with collection provided no less frequently than every 2 | 26 | | weeks, and at least one drop-off location for recyclable |
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| 1 | | materials within 15 miles of the municipal boundary for | 2 | | municipalities with a population less than 1,500, with | 3 | | needs identified on a county-by-county basis for all | 4 | | counties in the State, and the estimated costs to meet the | 5 | | access requirements;
| 6 | | (9) program costs and capital investments required to | 7 | | achieve a collective 50% recycling rate by December 31, | 8 | | 2035 across all packaging and paper products, including | 9 | | investment into existing and future reuse, recycling, and | 10 | | composting infrastructure for packaging and paper | 11 | | products;
| 12 | | (10) existing federal and State statutory provisions | 13 | | and public and private funding sources for the reduction, | 14 | | reuse, recycling, and composting of packaging and paper | 15 | | products;
| 16 | | (11) the market conditions and opportunities for | 17 | | reusable, recyclable, and compostable packaging and paper | 18 | | products in the State and regionally; | 19 | | (12) multilingual public education needs for the | 20 | | reduction, reuse, recycling, and composting of packaging | 21 | | and paper products, including, but not limited to, a | 22 | | scientific survey of current awareness among residents of | 23 | | this State of proper end-of-life management for packaging | 24 | | and paper products and the needs associated with the | 25 | | reduction of contamination rates at MRFs in the State;
and | 26 | | (13) an assessment of environmental justice and |
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| 1 | | recycling equity in the State, including, but not limited | 2 | | to:
| 3 | | (A) an evaluation of current access to and the | 4 | | performance of curbside and drop-off recycling | 5 | | programs in units of local government designated as | 6 | | environmental justice areas; and
| 7 | | (B) a comparison of the location of MRFs and | 8 | | compost facilities in units of local government that | 9 | | have been designated as environmental justice areas | 10 | | with units of local government that are not so | 11 | | designated.
| 12 | | (d) On or before December 31, 2025, the Agency shall | 13 | | provide the draft needs assessment to the Advisory Council and | 14 | | the producer responsibility organization registered with the | 15 | | Agency. The Advisory Council and producer responsibility | 16 | | organization shall provide written comments to the Agency | 17 | | within 60 days after receipt of the needs assessment. The | 18 | | Agency's consultant shall include an assessment of comments | 19 | | received in the revised draft needs assessment submitted to | 20 | | the Agency and shall provide a summary and an analysis of any | 21 | | issues raised by the Advisory Council or producer | 22 | | responsibility organization and significant changes suggested | 23 | | by any such comments, a statement of the reasons why any | 24 | | significant changes were not incorporated into the results of | 25 | | the study, and a description of any changes made to the results | 26 | | of the needs assessment as a result of such comments. The needs |
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| 1 | | assessment shall be finalized by the Agency on or before May 1, | 2 | | 2026.
| 3 | | Section 30. Postconsumer recycled content. | 4 | | (a) With respect to rigid plastics, each producer shall | 5 | | achieve a postconsumer recycled content requirement of 15% by | 6 | | 2028, 25% by 2031, and 50% by 2034 in the rigid plastics it | 7 | | produces, subject to any waiver issued under this Section.
| 8 | | (b) Postconsumer recycled content requirements in specific | 9 | | products may be waived by the Agency if demonstration is made | 10 | | and the Agency approves, in writing, that:
| 11 | | (1) the manufacturer cannot achieve the postconsumer | 12 | | recycled content requirements and remain in compliance | 13 | | with applicable rules and regulations adopted by the | 14 | | United States Food and Drug Administration, or any other | 15 | | State or federal law, rule, or regulation;
| 16 | | (2) it is not technologically feasible for the | 17 | | manufacturer to achieve the postconsumer recycled content | 18 | | requirements;
| 19 | | (3) the manufacturer cannot comply with the | 20 | | postconsumer recycled content requirements due to | 21 | | inadequate availability of recycled material or a | 22 | | substantial disruption in the supply of recycled material; | 23 | | or
| 24 | | (4) the manufacturer cannot comply for another reason | 25 | | as determined by the Agency by rule, regulation, or |
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| 1 | | guidance.
| 2 | | Section 35. Penalties. | 3 | | (a) Except as otherwise provided in this Act, any person | 4 | | who violates any provision of this Act is liable for a civil | 5 | | penalty of $7,000 per violation per day.
| 6 | | (b) The penalties provided for in this Section may be | 7 | | recovered in a civil action brought in the name of the People | 8 | | of the State of Illinois by the State's Attorney of the county | 9 | | in which the violation occurred or by the Attorney General. | 10 | | Any penalties collected under this Section in an action in | 11 | | which the Attorney General has prevailed shall be deposited in | 12 | | the Environmental Protection Trust Fund.
| 13 | | (c) The Attorney General or the State's Attorney of a | 14 | | county in which a violation occurs may institute a civil | 15 | | action for an injunction, prohibitory or mandatory, to | 16 | | restrain violations of this Act or to require such actions as | 17 | | may be necessary to address violations of this Act.
| 18 | | (d) The penalties and injunctions provided in this Act are | 19 | | in addition to any penalties, injunctions, or other relief | 20 | | provided under any other law. Nothing in this Act bars a cause | 21 | | of action by the State for any other penalty, injunction, or | 22 | | other relief provided by any other law.
| 23 | | (e) Any person who knowingly makes a false, fictitious, or | 24 | | fraudulent material statement, orally or in writing, to the | 25 | | Agency, related to or required by this Act or any rule adopted |
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| 1 | | under this Act commits a Class 4 felony, and each such | 2 | | statement or writing shall be considered a separate Class 4 | 3 | | felony. A person who violates this subsection a second or | 4 | | subsequent time after being convicted under this subsection | 5 | | commits a Class 3 felony.
| 6 | | Section 40. Severability. The provisions of this Act shall | 7 | | be severable and if any phrase, clause, sentence, or provision | 8 | | of this Act or the applicability thereof to any person or | 9 | | circumstance shall be held invalid, the remainder of this Act | 10 | | and the application thereof shall not be affected thereby. | 11 | | Section 45. The Environmental Protection Act is amended by | 12 | | changing Section 22.15 as follows:
| 13 | | (415 ILCS 5/22.15)
| 14 | | Sec. 22.15. Solid Waste Management Fund; fees.
| 15 | | (a) There is hereby created within the State Treasury a
| 16 | | special fund to be known as the Solid Waste Management Fund, to | 17 | | be
constituted from the fees collected by the State pursuant | 18 | | to this Section,
from repayments of loans made from the Fund | 19 | | for solid waste projects, from registration fees collected | 20 | | pursuant to the Consumer Electronics Recycling Act, and from | 21 | | amounts transferred into the Fund pursuant to Public Act | 22 | | 100-433.
Moneys received by either the Agency or the | 23 | | Department of Commerce and Economic Opportunity
in repayment |
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| 1 | | of loans made pursuant to the Illinois Solid Waste Management
| 2 | | Act shall be deposited into the General Revenue Fund.
| 3 | | (b) The Agency shall assess and collect a
fee in the amount | 4 | | set forth herein from the owner or operator of each sanitary
| 5 | | landfill permitted or required to be permitted by the Agency | 6 | | to dispose of
solid waste if the sanitary landfill is located | 7 | | off the site where such waste
was produced and if such sanitary | 8 | | landfill is owned, controlled, and operated
by a person other | 9 | | than the generator of such waste. The Agency shall deposit
all | 10 | | fees collected into the Solid Waste Management Fund. If a site | 11 | | is
contiguous to one or more landfills owned or operated by the | 12 | | same person, the
volumes permanently disposed of by each | 13 | | landfill shall be combined for purposes
of determining the fee | 14 | | under this subsection. Beginning on July 1, 2018, and on the | 15 | | first day of each month thereafter during fiscal years 2019 | 16 | | through 2023, the State Comptroller shall direct and State | 17 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | 18 | | per fiscal year from the Solid Waste Management Fund to the | 19 | | General Revenue Fund.
| 20 | | (1) If more than 150,000 cubic yards of non-hazardous | 21 | | solid waste is
permanently disposed of at a site in a | 22 | | calendar year, the owner or operator
shall either pay a | 23 | | fee of 95 cents per cubic yard or,
alternatively, the | 24 | | owner or operator may weigh the quantity of the solid | 25 | | waste
permanently disposed of with a device for which | 26 | | certification has been obtained
under the Weights and |
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| 1 | | Measures Act and pay a fee of $2.00 per
ton of solid waste | 2 | | permanently disposed of. In no case shall the fee | 3 | | collected
or paid by the owner or operator under this | 4 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| 5 | | (2) If more than 100,000 cubic yards but not more than | 6 | | 150,000 cubic
yards of non-hazardous waste is permanently | 7 | | disposed of at a site in a calendar
year, the owner or | 8 | | operator shall pay a fee of $52,630.
| 9 | | (3) If more than 50,000 cubic yards but not more than | 10 | | 100,000 cubic
yards of non-hazardous solid waste is | 11 | | permanently disposed of at a site
in a calendar year, the | 12 | | owner or operator shall pay a fee of $23,790.
| 13 | | (4) If more than 10,000 cubic yards but not more than | 14 | | 50,000 cubic
yards of non-hazardous solid waste is | 15 | | permanently disposed of at a site
in a calendar year, the | 16 | | owner or operator shall pay a fee of $7,260.
| 17 | | (5) If not more than 10,000 cubic yards of | 18 | | non-hazardous solid waste is
permanently disposed of at a | 19 | | site in a calendar year, the owner or operator
shall pay a | 20 | | fee of $1050.
| 21 | | (c) (Blank).
| 22 | | (d) The Agency shall establish rules relating to the | 23 | | collection of the
fees authorized by this Section. Such rules | 24 | | shall include, but not be
limited to:
| 25 | | (1) necessary records identifying the quantities of | 26 | | solid waste received
or disposed;
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| 1 | | (2) the form and submission of reports to accompany | 2 | | the payment of fees
to the Agency;
| 3 | | (3) the time and manner of payment of fees to the | 4 | | Agency, which payments
shall not be more often than | 5 | | quarterly; and
| 6 | | (4) procedures setting forth criteria establishing | 7 | | when an owner or
operator may measure by weight or volume | 8 | | during any given quarter or other
fee payment period.
| 9 | | (e) Pursuant to appropriation, all monies in the Solid | 10 | | Waste Management
Fund shall be used by the Agency for the | 11 | | purposes set forth in this Section and in the Illinois
Solid | 12 | | Waste Management Act, including for the costs of fee | 13 | | collection and
administration, and for the administration of | 14 | | the Consumer Electronics Recycling Act , and the Drug Take-Back | 15 | | Act , and the Statewide Recycling Needs Assessment and | 16 | | Postconsumer Recycled Content Act .
| 17 | | (f) The Agency is authorized to enter into such agreements | 18 | | and to
promulgate such rules as are necessary to carry out its | 19 | | duties under this
Section and the Illinois Solid Waste | 20 | | Management Act.
| 21 | | (g) On the first day of January, April, July, and October | 22 | | of each year,
beginning on July 1, 1996, the State Comptroller | 23 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 24 | | Management Fund to the Hazardous Waste
Fund. Moneys | 25 | | transferred under this subsection (g) shall be used only for | 26 | | the
purposes set forth in item (1) of subsection (d) of Section |
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| 1 | | 22.2.
| 2 | | (h) The Agency is authorized to provide financial | 3 | | assistance to units of
local government for the performance of | 4 | | inspecting, investigating , and
enforcement activities pursuant | 5 | | to subsection (r) of Section 4 Section 4(r) at nonhazardous | 6 | | solid
waste disposal sites.
| 7 | | (i) The Agency is authorized to conduct household waste | 8 | | collection and
disposal programs.
| 9 | | (j) A unit of local government, as defined in the Local | 10 | | Solid Waste Disposal
Act, in which a solid waste disposal | 11 | | facility is located may establish a fee,
tax, or surcharge | 12 | | with regard to the permanent disposal of solid waste.
All | 13 | | fees, taxes, and surcharges collected under this subsection | 14 | | shall be
utilized for solid waste management purposes, | 15 | | including long-term monitoring
and maintenance of landfills, | 16 | | planning, implementation, inspection, enforcement
and other | 17 | | activities consistent with the Solid Waste Management Act and | 18 | | the
Local Solid Waste Disposal Act, or for any other | 19 | | environment-related purpose,
including, but not limited to, an | 20 | | environment-related public works project, but
not for the | 21 | | construction of a new pollution control facility other than a
| 22 | | household hazardous waste facility. However, the total fee, | 23 | | tax or surcharge
imposed by all units of local government | 24 | | under this subsection (j) upon the
solid waste disposal | 25 | | facility shall not exceed:
| 26 | | (1) 60˘ per cubic yard if more than 150,000 cubic |
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| 1 | | yards of non-hazardous
solid waste is permanently disposed | 2 | | of at the site in a calendar year, unless
the owner or | 3 | | operator weighs the quantity of the solid waste received | 4 | | with a
device for which certification has been obtained | 5 | | under the Weights and Measures
Act, in which case the fee | 6 | | shall not exceed $1.27 per ton of solid waste
permanently | 7 | | disposed of.
| 8 | | (2) $33,350 if more than 100,000
cubic yards, but not | 9 | | more than 150,000 cubic yards, of non-hazardous waste
is | 10 | | permanently disposed of at the site in a calendar year.
| 11 | | (3) $15,500 if more than 50,000 cubic
yards, but not | 12 | | more than 100,000 cubic yards, of non-hazardous solid | 13 | | waste is
permanently disposed of at the site in a calendar | 14 | | year.
| 15 | | (4) $4,650 if more than 10,000 cubic
yards, but not | 16 | | more than 50,000 cubic yards, of non-hazardous solid waste
| 17 | | is permanently disposed of at the site in a calendar year.
| 18 | | (5) $650 if not more than 10,000 cubic
yards of | 19 | | non-hazardous solid waste is permanently disposed of at | 20 | | the site in
a calendar year.
| 21 | | The corporate authorities of the unit of local government
| 22 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 23 | | highway
commissioner whose road district lies wholly or | 24 | | partially within the
corporate limits of the unit of local | 25 | | government for expenses incurred in
the removal of | 26 | | nonhazardous, nonfluid municipal waste that has been dumped
on |
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| 1 | | public property in violation of a State law or local | 2 | | ordinance.
| 3 | | For the disposal of solid waste from general construction
| 4 | | or demolition debris recovery facilities as defined in | 5 | | subsection (a-1) of Section 3.160, the total fee, tax, or | 6 | | surcharge imposed by
all units of local government under this | 7 | | subsection (j) upon
the solid waste disposal facility shall | 8 | | not exceed 50% of the
applicable amount set forth above. A unit | 9 | | of local government,
as defined in the Local Solid Waste | 10 | | Disposal Act, in which a
general construction or demolition | 11 | | debris recovery facility is
located may establish a fee, tax, | 12 | | or surcharge on the general construction or demolition debris | 13 | | recovery facility with
regard to the permanent disposal of | 14 | | solid waste by the
general construction or demolition debris | 15 | | recovery facility at
a solid waste disposal facility, provided | 16 | | that such fee, tax,
or surcharge shall not exceed 50% of the | 17 | | applicable amount set
forth above, based on the total amount | 18 | | of solid waste transported from the general construction or | 19 | | demolition debris recovery facility for disposal at solid | 20 | | waste disposal facilities, and the unit of local government | 21 | | and fee shall be
subject to all other requirements of this | 22 | | subsection (j). | 23 | | A county or Municipal Joint Action Agency that imposes a | 24 | | fee, tax, or
surcharge under this subsection may use the | 25 | | proceeds thereof to reimburse a
municipality that lies wholly | 26 | | or partially within its boundaries for expenses
incurred in |
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| 1 | | the removal of nonhazardous, nonfluid municipal waste that has | 2 | | been
dumped on public property in violation of a State law or | 3 | | local ordinance.
| 4 | | If the fees are to be used to conduct a local sanitary | 5 | | landfill
inspection or enforcement program, the unit of local | 6 | | government must enter
into a written delegation agreement with | 7 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 8 | | local government and the Agency shall enter
into such a | 9 | | written delegation agreement within 60 days after the
| 10 | | establishment of such fees. At least annually,
the Agency | 11 | | shall conduct an audit of the expenditures made by units of | 12 | | local
government from the funds granted by the Agency to the | 13 | | units of local
government for purposes of local sanitary | 14 | | landfill inspection and enforcement
programs, to ensure that | 15 | | the funds have been expended for the prescribed
purposes under | 16 | | the grant.
| 17 | | The fees, taxes or surcharges collected under this | 18 | | subsection (j) shall
be placed by the unit of local government | 19 | | in a separate fund, and the
interest received on the moneys in | 20 | | the fund shall be credited to the fund. The
monies in the fund | 21 | | may be accumulated over a period of years to be
expended in | 22 | | accordance with this subsection.
| 23 | | A unit of local government, as defined in the Local Solid | 24 | | Waste Disposal
Act, shall prepare and post on its website, in | 25 | | April of each year, a
report that details spending plans for | 26 | | monies collected in accordance with
this subsection. The |
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| 1 | | report will at a minimum include the following:
| 2 | | (1) The total monies collected pursuant to this | 3 | | subsection.
| 4 | | (2) The most current balance of monies collected | 5 | | pursuant to this
subsection.
| 6 | | (3) An itemized accounting of all monies expended for | 7 | | the previous year
pursuant to this subsection.
| 8 | | (4) An estimation of monies to be collected for the | 9 | | following 3
years pursuant to this subsection.
| 10 | | (5) A narrative detailing the general direction and | 11 | | scope of future
expenditures for one, 2 and 3 years.
| 12 | | The exemptions granted under Sections 22.16 and 22.16a, | 13 | | and under
subsection (k) of this Section, shall be applicable | 14 | | to any fee,
tax or surcharge imposed under this subsection | 15 | | (j); except that the fee,
tax or surcharge authorized to be | 16 | | imposed under this subsection (j) may be
made applicable by a | 17 | | unit of local government to the permanent disposal of
solid | 18 | | waste after December 31, 1986, under any contract lawfully | 19 | | executed
before June 1, 1986 under which more than 150,000 | 20 | | cubic yards (or 50,000 tons)
of solid waste is to be | 21 | | permanently disposed of, even though the waste is
exempt from | 22 | | the fee imposed by the State under subsection (b) of this | 23 | | Section
pursuant to an exemption granted under Section 22.16.
| 24 | | (k) In accordance with the findings and purposes of the | 25 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 | 26 | | the fee under subsection
(b) and the fee, tax or surcharge |
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| 1 | | under subsection (j) shall not apply to:
| 2 | | (1) waste which is hazardous waste;
| 3 | | (2) waste which is pollution control waste;
| 4 | | (3) waste from recycling, reclamation or reuse | 5 | | processes which have been
approved by the Agency as being | 6 | | designed to remove any contaminant from
wastes so as to | 7 | | render such wastes reusable, provided that the process
| 8 | | renders at least 50% of the waste reusable; the exemption | 9 | | set forth in this paragraph (3) of this subsection (k) | 10 | | shall not apply to general construction or demolition | 11 | | debris recovery
facilities as defined in subsection (a-1) | 12 | | of Section 3.160;
| 13 | | (4) non-hazardous solid waste that is received at a | 14 | | sanitary landfill
and composted or recycled through a | 15 | | process permitted by the Agency; or
| 16 | | (5) any landfill which is permitted by the Agency to | 17 | | receive only
demolition or construction debris or | 18 | | landscape waste.
| 19 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | 20 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | 21 | | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | 22 | | 102-1055, eff. 6-10-22; revised 8-25-22.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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