Full Text of SB3206 103rd General Assembly
SB3206 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3206 Introduced 2/6/2024, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: | | 415 ILCS 151/1-83.5 new | | 430 ILCS 50/2.09 new | | 430 ILCS 50/3 | from Ch. 127, par. 1253 | 430 ILCS 50/5.11 | | 430 ILCS 50/6 | from Ch. 127, par. 1256 |
| Amends the Consumer Electronics Recycling Act. Provides that, notwithstanding any provision of law to the contrary, a lithium-ion battery may not be disposed of in a mixed recycling waste bin. Requires the Environmental Protection Agency to encourage local authorities to use separate curbside recycling collection bins for the disposal of lithium-ion batteries. Requires the Illinois Environmental Protection Agency to adopt rules requiring each manufacturer of an electric vehicle that is sold in the State and contains a lithium-ion battery and each manufacturer of lithium-ion batteries sold in the State to submit a battery recycling plan to the Agency by June 1, 2025. Prohibits the disposal of lithium-ion batteries in sanitary landfills, beginning July 1, 2025. Amends the Hazardous Materials Emergency Act. Provides that "hazardous material" includes lithium-ion batteries for purposes of specified provisions of the Act. Effective immediately. |
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| | A BILL FOR |
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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 5. The Consumer Electronics Recycling Act is | 5 | | amended by adding Section 1-83.5 as follows: | 6 | | (415 ILCS 151/1-83.5 new) | 7 | | Sec. 1-83.5. Lithium batteries; disposal; local | 8 | | authorities. | 9 | | (a) By March 1, 2025, the Agency shall adopt rules | 10 | | requiring each manufacturer of an electric vehicle that is | 11 | | sold in the State and that contains a lithium-ion battery and | 12 | | each manufacturer of lithium-ion batteries sold in the State | 13 | | to submit to the Agency by June 1, 2025, a plan for recycling | 14 | | or repurposing the lithium-ion batteries it distributes in the | 15 | | State. | 16 | | (b) Notwithstanding any provision of law to the contrary, | 17 | | beginning July 1, 2025, a lithium-ion battery may not be | 18 | | disposed of in a sanitary landfill or mixed recycling waste | 19 | | bin in the State. | 20 | | (c) The Agency shall encourage local authorities to use | 21 | | separate curbside recycling collection bins for the disposal | 22 | | of lithium-ion batteries. | 23 | | (d) In this Section, "lithium-ion battery" has the same |
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| 1 | | meaning given in Section 2.09 of the Hazardous Materials | 2 | | Emergency Act. | 3 | | Section 10. The Hazardous Materials Emergency Act is | 4 | | amended by adding Section 2.09 and by changing Sections 3, | 5 | | 5.11, and 6 as follows: | 6 | | (430 ILCS 50/2.09 new) | 7 | | Sec. 2.09. "Lithium-ion battery" means a type of | 8 | | rechargeable battery that contains lithium ions as the primary | 9 | | component of its electrolyte and that is most commonly found | 10 | | in cell phones, power tools, digital cameras, laptops, | 11 | | children's toys, electronic cigarettes, small and large | 12 | | appliances, tablets, and e-readers. | 13 | | (430 ILCS 50/3) (from Ch. 127, par. 1253) | 14 | | Sec. 3. It is the purpose of this Act to require the | 15 | | Illinois Department of Transportation to adopt by regulation | 16 | | the federal hazardous materials placarding regulations | 17 | | promulgated under the Hazardous Materials Transportation Act | 18 | | (PL 93-633) for interstate and intrastate transportation of | 19 | | hazardous materials as they are applicable in the State of | 20 | | Illinois, and to recommend that units of local government | 21 | | adopt regulations for hazard signage systems applicable to the | 22 | | use, storage, and manufacture of hazardous materials , | 23 | | including, but not limited to, lithium-ion batteries, with the |
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| 1 | | following exceptions: | 2 | | (a) No hazard signage system or State placarding | 3 | | requirements shall apply to the use, storage, or | 4 | | transportation of a hazardous material that is located on a | 5 | | farm and that is used solely for agricultural purposes. It is | 6 | | not the purpose of this Section to exempt the owner of an | 7 | | agricultural hazardous material from reporting an accident | 8 | | involving the material as required in Sections 7 and 7.01 of | 9 | | this Act, nor is it the purpose of this Section to exempt from | 10 | | the placarding requirements the storage, transportation or | 11 | | manufacture of a hazardous material that is an agricultural | 12 | | material when the material is in the possession of the | 13 | | manufacturer, distributor, dealer, retailer or any other | 14 | | person who handles the material in larger quantities than | 15 | | those designed for consumer use or for any purpose other than | 16 | | its intended agricultural usage. | 17 | | (b) (Blank). | 18 | | (c) No placarding requirements or hazard signage | 19 | | requirements adopted pursuant to this Act shall apply to | 20 | | pipelines or meters involved in the transmission of natural or | 21 | | flammable gas by a public utility as defined in the Public | 22 | | Utilities Act. | 23 | | (d) This Act does not authorize the Department to require | 24 | | any placarding system for transportation of hazardous | 25 | | materials that is inconsistent with any placarding system | 26 | | required by Federal law or regulation, nor does it authorize |
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| 1 | | the Department to require any placarding system or other | 2 | | standards for transportation of hazardous materials that is | 3 | | more stringent than any placarding system or standard required | 4 | | by the federal law or regulations in situations where a | 5 | | federal placarding system exists. | 6 | | (Source: P.A. 90-449, eff. 8-16-97.) | 7 | | (430 ILCS 50/5.11) | 8 | | Sec. 5.11. Units of local government; hazard signage | 9 | | systems. | 10 | | (a) A unit of local government may adopt ordinances or | 11 | | regulations requiring a hazard signage system applicable to | 12 | | equipment, facilities, structures, or locations involved in | 13 | | the use, storage, or manufacture of hazardous materials , | 14 | | including, but not limited to, lithium-ion batteries . The | 15 | | hazard signage system (such as, but not limited to, the | 16 | | National Fire Protection Association standard "NFPA 704" | 17 | | system as specified in its Standard System for the | 18 | | Identification of the Fire Hazards of Materials for Emergency | 19 | | Response) shall be consistent with any such signage required | 20 | | by federal law or regulation. | 21 | | (b) An ordinance or regulation adopted by a unit of local | 22 | | government under this Section requiring a hazard signage | 23 | | system may not take effect sooner than 90 days after its | 24 | | adoption by the unit of local government. | 25 | | (c) A home rule unit may not regulate hazard signage |
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| 1 | | systems in a manner inconsistent with the regulation of those | 2 | | systems by the State under this Act or by the federal | 3 | | government. This Section is a limitation under subsection (i) | 4 | | of Section 6 of Article VII of the Illinois Constitution on the | 5 | | concurrent exercise by home rule units of powers and functions | 6 | | exercised by the State. | 7 | | (Source: P.A. 90-449, eff. 8-16-97.) | 8 | | (430 ILCS 50/6) (from Ch. 127, par. 1256) | 9 | | Sec. 6. It is the responsibility of any person who leases, | 10 | | operates or controls any facilities, equipment, structures, or | 11 | | locations for the use, storage, or manufacture of hazardous | 12 | | materials , including, but not limited to, lithium-ion | 13 | | batteries, to display on such facility, equipment, structure, | 14 | | or location appropriate hazard signage as described and in | 15 | | such manner as provided by regulation promulgated pursuant to | 16 | | Section 5 of this Act or as provided by ordinance or regulation | 17 | | adopted by a unit of local government pursuant to Section | 18 | | 5.11. | 19 | | (Source: P.A. 90-449, eff. 8-16-97.) | 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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