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Public Act 103-0383 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Statewide Recycling Needs Assessment Act. | ||||
Section 5. Findings and purpose. The General Assembly | ||||
finds that: | ||||
(1) Recycling rates have been stagnant in Illinois for | ||||
over 15 years. Many Illinois counties continue to fall short | ||||
of the long-standing recycling goal of 25% established in 1988 | ||||
in the Solid Waste Planning and Recycling Act. | ||||
(2) In Illinois, more than 40% (over 7,000,000 tons per | ||||
year) of municipal solid waste disposed of in landfills is | ||||
comprised of packaging and paper products. Of this amount, | ||||
nearly 80% consists of materials commonly collected in | ||||
curbside recycling programs in areas of the State with mature | ||||
recycling programs. The remainder includes packaging products | ||||
such as polystyrene, #3-#7 plastics, plastic bags, flexible | ||||
pouches, and other plastic films which are not currently | ||||
acceptable in curbside recycling and for which limited | ||||
drop-off recycling options exist.
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(3) Consumers have limited sustainable purchasing choices. | ||||
Illinois residents are generating packaging and paper waste |
that is beyond their ability to reuse or recycle. Consumers | ||
are also given confusing, inconsistent messages through | ||
various means about which materials can be recycled, and thus | ||
inadvertently create contamination in recycling streams. There | ||
is widespread recycling fatigue and public skepticism about | ||
the efficacy of recycling in Illinois.
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(4) Volatility in global recycling markets due to import | ||
restrictions such as the China National Sword policy, as well | ||
as impacts on supply chains and material demand due to the | ||
COVID-19 pandemic, have further challenged markets for | ||
recycled materials and destabilized the recycling system in | ||
the State.
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(5) Significant and increasing quantities of plastics and | ||
packaging materials are seen in the environment, including in | ||
Illinois rivers, lakes, and streams. This pollution impacts | ||
the drinking water, wildlife, and recreational value of vital | ||
natural resources.
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(6) Consumer brands are solely responsible for choices | ||
about the types and amounts of packaging used to package | ||
products. Units of local government and residents have borne | ||
the costs of managing increasingly complex materials even | ||
though they have no input in designing or bringing these | ||
materials to market.
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(7) Units of local government are expected to fund | ||
collection and processing costs for an increasing volume of | ||
packaging and paper products, and the cost of recycling |
programs continues to rise with the complexity of the material | ||
stream that material recycling facilities are required to | ||
manage. Furthermore, many multifamily residences and rural | ||
areas of the State do not have access to adequate recycling | ||
opportunities.
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(8) As materials continue to be landfilled and littered, | ||
lower-income and rural communities across the State bear | ||
environmental, health, and economic consequences.
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(9) By failing to reuse or recycle packaging and paper | ||
products, Illinois loses economic value and green sector jobs. | ||
Establishing postconsumer recycled content requirements for | ||
rigid plastics will increase markets for this increasingly | ||
common packaging material, reduce demand for natural | ||
resources, and reduce greenhouse gas emissions.
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(10) An assessment of current recycling and materials | ||
management practices in the State, including evaluation of | ||
collections, access to service, capacity, costs, gaps, and | ||
needs associated with diverting packaging and paper products | ||
from disposal, will provide needed information on current | ||
conditions and support identification of future needs to | ||
manage packaging and paper products in a sustainable, | ||
environmentally protective, and cost-effective manner.
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(11) The Statewide Recycling Needs Assessment will provide | ||
data to facilitate future consideration of product stewardship | ||
legislation for packaging and paper products.
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Section 10. Definitions. In this Act: | ||
"Advisory Council" means the Statewide Recycling Needs | ||
Assessment Advisory Council established under Section 20.
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"Agency" means the Environmental Protection Agency.
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"Compost" has the meaning given to that term in Section | ||
3.150 of the Environmental Protection Act.
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"Compostable material" means a material that is designed | ||
to contact, contain, or carry a product that can be collected | ||
for composting and that is capable of undergoing aerobic | ||
biological decomposition in a controlled composting system as | ||
demonstrated by meeting ASTM D6400, ASTM D6868, or any | ||
successor standards.
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"Composting rate" means the percentage of discarded | ||
materials that are managed through composting. A composting | ||
rate is calculated by dividing the total weight of all | ||
packaging and paper products that are collected for composting | ||
by the total weight of all packaging and paper products sold, | ||
distributed, or served to consumers in the State during the | ||
study period.
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"Covered entity" means a person or entity responsible for: | ||
(1) a single or multifamily residence, either | ||
individually or jointly through a unit of local | ||
government;
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(2) a public or private school for grades kindergarten | ||
through 12th grade;
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(3) a State or local government facility; or
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(4) a public space, including, but not limited to, | ||
public spaces, such as parks, trails, transit stations, | ||
and pedestrian areas for which the State or a unit of local | ||
government is responsible.
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"Curbside recycling" means the collection of recyclable | ||
materials from covered entities at the site where the | ||
recyclable materials are generated.
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"Director" means the Director of the Agency.
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"Drop-off recycling" means the collection of recyclable | ||
material from covered entities at one or more centralized | ||
sites.
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"Environmental justice community" means environmental | ||
justice community as defined by the Illinois Solar for All | ||
Program, as that definition is updated from time to time by the | ||
Illinois Power Agency and the Administrator of the Illinois | ||
Solar for All Program.
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"Hauler" means a person who collects recyclable or | ||
compostable materials and transports them to an MRF or compost | ||
facility, or to an intermediate facility from which materials | ||
are then transported to an MRF or compost facility.
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"Material recovery facility" or "MRF" means a facility | ||
where recyclable materials collected via curbside recycling or | ||
drop-off recycling are consolidated and sorted for return to | ||
the economic mainstream in the form of raw materials.
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"Packaging" means a discrete material or category of | ||
material, regardless of recyclability. "Packaging" includes, |
but is not limited to, a material type, such as paper, plastic, | ||
glass, metal, or multi-material, that is:
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(1) used to protect, contain, transport, or serve a | ||
product;
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(2) sold or supplied to consumers expressly for the | ||
purpose of protecting, containing, transporting, or | ||
serving products;
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(3) attached to a product or its container for the | ||
purpose of marketing or communicating information about | ||
the product;
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(4) supplied at the point of sale to facilitate the | ||
delivery of the product; or
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(5) supplied to or purchased by consumers expressly | ||
for the purpose of facilitating food or beverage | ||
consumption and ordinarily disposed of after a single use | ||
or short-term use, whether or not it could be reused.
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"Packaging" does not include:
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(1) a medical device or packaging that is included | ||
with products regulated:
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(A) as a drug, medical device, or dietary | ||
supplement by the United States Food and Drug | ||
Administration under the Federal Food, Drug, and | ||
Cosmetic Act;
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(B) as a combination product as defined under 21 | ||
CFR 3.2(e); or
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(C) under the federal Dietary Supplement Health |
and Education Act of 1994;
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(2) animal biologics, including, but not limited to, | ||
vaccines, bacterins, antisera, diagnostic kits, other | ||
products of biological origin, and other packaging and | ||
paper products regulated by the United States Department | ||
of Agriculture under the federal Virus, Serum, Toxin Act;
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(3) packaging regulated under the Federal Insecticide, | ||
Fungicide, and Rodenticide Act or another applicable | ||
federal law, rule, or regulation; and
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(4) beverage containers subject to a returnable | ||
container deposit, if applicable.
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"Paper product" means:
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(1) paper that can or has been printed on to create | ||
flyers, brochures, booklets, catalogs, greeting cards, | ||
telephone directories, newspapers, magazines; and
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(2) paper used for copying, writing, or any other | ||
general use.
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"Paper product" does not include:
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(1) paper that, by virtue of its anticipated use, | ||
could become unsafe or unsanitary to recycle; or
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(2) any form of bound book, including, but not limited | ||
to, bound books for literary, textual, or reference | ||
purposes.
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"Person" means any individual, partnership, copartnership, | ||
firm, company, limited liability company, corporation, | ||
association, joint-stock company, trust, estate, political |
subdivision, State agency, any other legal entity, or their | ||
legal representative, agent, or assign.
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"Postconsumer material" means packaging or paper products | ||
that have served their intended end use as consumer items. | ||
"Postconsumer material" does not include a by-product or waste | ||
material generated during or after the completion of a | ||
manufacturing or converting process.
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"Postconsumer recycled content" means the portion of an | ||
item of packaging or paper product made from postconsumer | ||
material that has been recycled.
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"Recycling" has the meaning given to "recycling, | ||
reclamation or reuse" in Section 3.380 of the Environmental | ||
Protection Act. "Recycling" does not include landfill disposal | ||
of packaging or paper products or the residue resulting from | ||
the processing of packaging or paper products at an MRF, use as | ||
alternative daily cover or any other beneficial use at a | ||
landfill, incineration, energy recovery, or energy generation | ||
by means of combustion, or final conversion of packaging and | ||
paper products or their components and by-products to a fuel.
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"Recycling rate" means the percentage of packaging and | ||
paper products returned to the economic mainstream in the form | ||
of raw materials or products rather than being disposed of or | ||
discarded. The recycling rate is calculated by dividing the | ||
total weight of packaging and paper products that are | ||
collected for recycling by the total weight of packaging and | ||
paper products sold, distributed, or served to consumers in |
the State during the study period, not including the residue | ||
that is landfilled after processing by an MRF.
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"Reusable" means:
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(1) designed to be refilled or used repeatedly for its | ||
original intended purpose and is returnable;
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(2) safe for washing and sanitizing according to | ||
applicable State food safety laws; and
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(3) with the exception of ceramic products, capable of | ||
being recycled at the end of use.
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"Reuse" means the return of packaging to the economic | ||
stream for use in the same kind of application intended for the | ||
original packaging without effectuating a change in the | ||
original composition of the package, the identity of the | ||
product, or the components thereof.
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"Rigid plastic" means packaging made of plastic that has a | ||
relatively inflexible finite shape or form and is capable of | ||
maintaining its shape while empty or while holding other | ||
products.
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"Service provider" means a hauler, an MRF, or a composting | ||
facility.
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"Single-use packaging or product" means a packaging or | ||
product that is supplied to or purchased by consumers | ||
expressly for the purpose of facilitating food or beverage | ||
consumption and that is ordinarily disposed of after a single | ||
use or short-term use, whether or not it could be reused.
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"Study period" means the period represented by the data |
compiled and analyzed in the completion of the Statewide | ||
Recycling Needs Assessment. The study period shall be a | ||
minimum of a one-year calendar period not earlier than 2022 | ||
and shall be clearly defined in the scope of work. If more than | ||
one year of data is used, data shall be presented on an annual | ||
basis.
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Section 15. Statewide Recycling Needs Assessment Advisory | ||
Council. | ||
(a) The Statewide Recycling Needs Assessment Advisory | ||
Council shall be appointed by the Agency. On or before January | ||
1, 2024, the Director shall appoint members to the Advisory | ||
Council to provide advice and recommendations to the Agency in | ||
the drafting, amendment, and finalization of the Statewide | ||
Recycling Needs Assessment.
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(b) In appointing members to the Advisory Council under | ||
subsection (a), the Director shall consider representatives | ||
from all geographic regions of the State, all sizes of | ||
communities in the State, all supply chain participants in the | ||
recycling system, and the racial and gender diversity of this | ||
State. | ||
(c) Members of the Advisory Council shall include, but | ||
shall not be limited to, the following voting members:
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(1) four individuals representing material recovery | ||
facilities in the State, no more than 2 of whom shall | ||
represent an MRF that accepts recyclables from Cook County |
or the collar counties;
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(2) four individuals representing haulers, one of whom | ||
shall represent a statewide organization representing | ||
haulers, one of whom shall represent a publicly traded | ||
hauler, one of whom shall represent a privately owned | ||
hauler, and one of whom shall operate a recycling drop-off | ||
facility;
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(3) one individual representing compost collection and | ||
processing facilities;
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(4) eight individuals representing rural and urban | ||
units of local government, one of whom shall represent a | ||
county with a population of less than 50,000, one of whom | ||
shall represent a county with a population of more than | ||
50,000 and less than 1,000,000, one of whom shall | ||
represent a county with a population of more than | ||
1,000,000, two of whom shall represent municipalities with | ||
a population of less than 1,000,000, one of whom shall | ||
represent a statewide organization of municipalities as | ||
authorized by Section 1-8-1 of the Illinois Municipal | ||
Code, one of whom shall represent a municipal joint action | ||
agency, and one of whom shall represent a municipality | ||
with a population of 1,000,000 or more;
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(5) two individuals representing retailers, one of | ||
whom shall represent a statewide association of retailers;
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(6) two individuals representing environmental | ||
organizations; |
(7) two individuals representing environmental justice | ||
advocacy organizations or environmental justice | ||
communities; | ||
(8) one individual representing a statewide | ||
manufacturing association;
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(9) one individual representing manufacturers of | ||
products containing postconsumer material, or one or more | ||
associations of such manufacturers;
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(10) one individual representing manufacturers of | ||
packaging and paper products utilizing virgin materials, | ||
or one or more associations of suppliers of substrates of | ||
packaging and paper products; and | ||
(11) four individuals representing producers of | ||
consumer products. | ||
(d) An individual may be appointed to only one position on | ||
the Advisory Council. Upon completion of the duties of the | ||
Advisory Council, appointments to the Advisory Council shall | ||
be terminated and the Advisory Council shall be dissolved. | ||
(e) The duties of the Advisory Council are as follows:
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(1) to provide guidance on the scope of work for the | ||
Statewide Recycling Needs Assessment required under | ||
Section 25;
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(2) to assist in the provision of data required to | ||
complete the needs assessment;
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(3) to review and comment on the needs assessment | ||
prior to completion; |
(4) to review packaging and paper products legislation | ||
enacted in other states, including identifying the main | ||
components of the legislation, its implementation steps, | ||
and its implementation status; | ||
(5) to evaluate and make recommendations, including | ||
legislative recommendations, on how to effectively | ||
establish and implement a producer responsibility program | ||
in the State for packaging and paper products, including | ||
recommendations regarding the responsibilities of | ||
producers under a producer responsibility program; and
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(6) on or before December 1, 2026, to prepare and | ||
submit a report of its findings and recommendations to the | ||
General Assembly and the Governor, which shall include an | ||
opportunity for a minority report.
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(f) The Advisory Council:
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(1) shall meet at the call of the Chair, except for the | ||
first meeting, which shall be called by the Director;
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(2) shall meet at least quarterly or as determined by | ||
the Advisory Council Chair;
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(3) shall elect a Chair from among Advisory Council | ||
members by a simple majority vote;
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(4) may adopt bylaws and a charter for the operation | ||
of its business for the purposes of this Act;
and | ||
(5) shall be provided administrative support by the | ||
Agency and Agency staff.
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(g) The Agency may select and hire a third-party |
facilitator for the Advisory Council.
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Section 20. Statewide needs assessment. | ||
(a) The Agency shall issue a competitive solicitation in | ||
accordance with the Illinois Procurement Code to select a | ||
qualified consultant to conduct a statewide needs assessment | ||
to assess recycling, composting, and reuse conditions in the | ||
State for packaging and paper products, including identifying | ||
current conditions and an evaluation of the capacity, costs, | ||
gaps, and needs associated with recycling and the diversion of | ||
packaging and paper products. The Agency shall select the | ||
consultant on or before July 1, 2024. The needs assessment | ||
shall be funded by an appropriation from the Agency's Solid | ||
Waste Management Fund or other appropriated funding.
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(b) All packaging and paper products sold, offered for | ||
sale, distributed, or imported into the State shall be | ||
included in the needs assessment. | ||
(c) The needs assessment shall address, at a minimum, the | ||
following factors for covered entities:
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(1) the quantity, by weight and type, of packaging and | ||
paper products sold, offered for sale, distributed, or | ||
served to consumers in the State by material type and | ||
format;
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(2) current collection systems for packaging and paper | ||
products in the State, including for reuse, recycling, | ||
composting, and disposal;
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(3) the quantity, by weight, of municipal waste | ||
disposed on a county-by-county basis for all counties in | ||
the State; | ||
(4) the processing capacity and infrastructure for | ||
reusable, recyclable, and compostable packaging and paper | ||
products collected in the State, including capacity and | ||
infrastructure outside the State which serves or may serve | ||
the State;
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(5) current reuse, recycling, and composting rates for | ||
packaging and paper products in the State by material | ||
type;
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(6) current postconsumer recycled content use by | ||
material type for all packaging and paper products sold in | ||
the State;
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(7) current reusability, recyclability, or | ||
compostability of packaging and paper products, by | ||
material type, for all packaging and paper products sold, | ||
offered for sale, distributed, or served in the State; | ||
(8) current system-wide costs for the collection, | ||
reuse, recycling, and composting of packaging and paper | ||
products;
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(9) current operational and capital funding | ||
limitations impacting reuse, recycling, and composting | ||
access and availability for packaging and paper products | ||
throughout the State;
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(10) collection and processing system needs to provide |
access to curbside recycling services for all covered | ||
entities within municipalities with a population of 1,500 | ||
or more based on the most recent United States Census, | ||
with collection provided no less frequently than every 2 | ||
weeks, and at least one drop-off location for recyclable | ||
materials within 15 miles of the municipal boundary for | ||
municipalities with a population less than 1,500, with | ||
needs identified on a county-by-county basis for all | ||
counties in the State, and the estimated costs to meet the | ||
access requirements;
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(11) program costs and capital investments required to | ||
achieve a 35%, 50%, and 65% recycling rate by December 31, | ||
2035 for each material type, including paper, plastic, | ||
glass, and metal, and including investment into existing | ||
and future reuse, recycling, and composting infrastructure | ||
for packaging and paper products;
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(12) the market conditions and opportunities for | ||
reusable, recyclable, and compostable packaging and paper | ||
products in the State and regionally; | ||
(13) multilingual public education needs for the | ||
reduction, reuse, recycling, and composting of packaging | ||
and paper products, including, but not limited to, a | ||
scientific survey of current awareness among residents of | ||
this State of proper end-of-life management for packaging | ||
and paper products and the needs associated with the | ||
reduction of contamination rates at MRFs in the State; and |
(14) an assessment of environmental justice and | ||
recycling equity in the State, including, but not limited | ||
to:
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(A) an evaluation of current access to and the | ||
performance of curbside and drop-off recycling | ||
programs in units of local government designated as | ||
environmental justice areas;
and | ||
(B) a comparison of the location of MRFs and | ||
compost facilities in units of local government that | ||
have been designated as environmental justice areas | ||
with units of local government that are not so | ||
designated. | ||
(d) Persons with data or information required to complete | ||
the statewide needs assessment shall provide the Agency with | ||
such data or information in a timely fashion to assist in | ||
completing the statewide needs assessment. | ||
(e) On or before December 31, 2025, the Agency shall | ||
provide the draft needs assessment to the Advisory Council. | ||
The Advisory Council shall provide written comments to the | ||
Agency within 60 days after receipt of the needs assessment. | ||
The Agency's consultant shall include an assessment of | ||
comments received in the revised draft needs assessment | ||
submitted to the Agency and shall provide a summary and an | ||
analysis of any issues raised by the Advisory Council and | ||
significant changes suggested by any such comments, a | ||
statement of the reasons why any significant changes were not |
incorporated into the results of the study, and a description | ||
of any changes made to the results of the needs assessment as a | ||
result of such comments. The needs assessment shall be | ||
finalized by the Agency on or before May 1, 2026.
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Section 25. Severability. The provisions of this Act shall | ||
be severable and if any phrase, clause, sentence, or provision | ||
of this Act or the applicability thereof to any person or | ||
circumstance shall be held invalid, the remainder of this Act | ||
and the application thereof shall not be affected thereby. | ||
Section 30. The Environmental Protection Act is amended by | ||
changing Section 22.15 as follows:
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(415 ILCS 5/22.15)
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Sec. 22.15. Solid Waste Management Fund; fees.
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(a) There is hereby created within the State Treasury a
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special fund to be known as the Solid Waste Management Fund, to | ||
be
constituted from the fees collected by the State pursuant | ||
to this Section,
from repayments of loans made from the Fund | ||
for solid waste projects, from registration fees collected | ||
pursuant to the Consumer Electronics Recycling Act, and from | ||
amounts transferred into the Fund pursuant to Public Act | ||
100-433.
Moneys received by either the Agency or the | ||
Department of Commerce and Economic Opportunity
in repayment | ||
of loans made pursuant to the Illinois Solid Waste Management
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Act shall be deposited into the General Revenue Fund.
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(b) The Agency shall assess and collect a
fee in the amount | ||
set forth herein from the owner or operator of each sanitary
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landfill permitted or required to be permitted by the Agency | ||
to dispose of
solid waste if the sanitary landfill is located | ||
off the site where such waste
was produced and if such sanitary | ||
landfill is owned, controlled, and operated
by a person other | ||
than the generator of such waste. The Agency shall deposit
all | ||
fees collected into the Solid Waste Management Fund. If a site | ||
is
contiguous to one or more landfills owned or operated by the | ||
same person, the
volumes permanently disposed of by each | ||
landfill shall be combined for purposes
of determining the fee | ||
under this subsection. Beginning on July 1, 2018, and on the | ||
first day of each month thereafter during fiscal years 2019 | ||
through 2023, the State Comptroller shall direct and State | ||
Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | ||
per fiscal year from the Solid Waste Management Fund to the | ||
General Revenue Fund.
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(1) If more than 150,000 cubic yards of non-hazardous | ||
solid waste is
permanently disposed of at a site in a | ||
calendar year, the owner or operator
shall either pay a | ||
fee of 95 cents per cubic yard or,
alternatively, the | ||
owner or operator may weigh the quantity of the solid | ||
waste
permanently disposed of with a device for which | ||
certification has been obtained
under the Weights and | ||
Measures Act and pay a fee of $2.00 per
ton of solid waste |
permanently disposed of. In no case shall the fee | ||
collected
or paid by the owner or operator under this | ||
paragraph exceed $1.55 per cubic yard or $3.27 per ton.
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(2) If more than 100,000 cubic yards but not more than | ||
150,000 cubic
yards of non-hazardous waste is permanently | ||
disposed of at a site in a calendar
year, the owner or | ||
operator shall pay a fee of $52,630.
| ||
(3) If more than 50,000 cubic yards but not more than | ||
100,000 cubic
yards of non-hazardous solid waste is | ||
permanently disposed of at a site
in a calendar year, the | ||
owner or operator shall pay a fee of $23,790.
| ||
(4) If more than 10,000 cubic yards but not more than | ||
50,000 cubic
yards of non-hazardous solid waste is | ||
permanently disposed of at a site
in a calendar year, the | ||
owner or operator shall pay a fee of $7,260.
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(5) If not more than 10,000 cubic yards of | ||
non-hazardous solid waste is
permanently disposed of at a | ||
site in a calendar year, the owner or operator
shall pay a | ||
fee of $1050.
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(c) (Blank).
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(d) The Agency shall establish rules relating to the | ||
collection of the
fees authorized by this Section. Such rules | ||
shall include, but not be
limited to:
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(1) necessary records identifying the quantities of | ||
solid waste received
or disposed;
| ||
(2) the form and submission of reports to accompany |
the payment of fees
to the Agency;
| ||
(3) the time and manner of payment of fees to the | ||
Agency, which payments
shall not be more often than | ||
quarterly; and
| ||
(4) procedures setting forth criteria establishing | ||
when an owner or
operator may measure by weight or volume | ||
during any given quarter or other
fee payment period.
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(e) Pursuant to appropriation, all monies in the Solid | ||
Waste Management
Fund shall be used by the Agency for the | ||
purposes set forth in this Section and in the Illinois
Solid | ||
Waste Management Act, including for the costs of fee | ||
collection and
administration, and for the administration of | ||
the Consumer Electronics Recycling Act , and the Drug Take-Back | ||
Act , and the Statewide Recycling Needs Assessment Act .
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(f) The Agency is authorized to enter into such agreements | ||
and to
promulgate such rules as are necessary to carry out its | ||
duties under this
Section and the Illinois Solid Waste | ||
Management Act.
| ||
(g) On the first day of January, April, July, and October | ||
of each year,
beginning on July 1, 1996, the State Comptroller | ||
and Treasurer shall
transfer $500,000 from the Solid Waste | ||
Management Fund to the Hazardous Waste
Fund. Moneys | ||
transferred under this subsection (g) shall be used only for | ||
the
purposes set forth in item (1) of subsection (d) of Section | ||
22.2.
| ||
(h) The Agency is authorized to provide financial |
assistance to units of
local government for the performance of | ||
inspecting, investigating , and
enforcement activities pursuant | ||
to subsection (r) of Section 4 Section 4(r) at nonhazardous | ||
solid
waste disposal sites.
| ||
(i) The Agency is authorized to conduct household waste | ||
collection and
disposal programs.
| ||
(j) A unit of local government, as defined in the Local | ||
Solid Waste Disposal
Act, in which a solid waste disposal | ||
facility is located may establish a fee,
tax, or surcharge | ||
with regard to the permanent disposal of solid waste.
All | ||
fees, taxes, and surcharges collected under this subsection | ||
shall be
utilized for solid waste management purposes, | ||
including long-term monitoring
and maintenance of landfills, | ||
planning, implementation, inspection, enforcement
and other | ||
activities consistent with the Solid Waste Management Act and | ||
the
Local Solid Waste Disposal Act, or for any other | ||
environment-related purpose,
including, but not limited to, an | ||
environment-related public works project, but
not for the | ||
construction of a new pollution control facility other than a
| ||
household hazardous waste facility. However, the total fee, | ||
tax or surcharge
imposed by all units of local government | ||
under this subsection (j) upon the
solid waste disposal | ||
facility shall not exceed:
| ||
(1) 60ยข per cubic yard if more than 150,000 cubic | ||
yards of non-hazardous
solid waste is permanently disposed | ||
of at the site in a calendar year, unless
the owner or |
operator weighs the quantity of the solid waste received | ||
with a
device for which certification has been obtained | ||
under the Weights and Measures
Act, in which case the fee | ||
shall not exceed $1.27 per ton of solid waste
permanently | ||
disposed of.
| ||
(2) $33,350 if more than 100,000
cubic yards, but not | ||
more than 150,000 cubic yards, of non-hazardous waste
is | ||
permanently disposed of at the site in a calendar year.
| ||
(3) $15,500 if more than 50,000 cubic
yards, but not | ||
more than 100,000 cubic yards, of non-hazardous solid | ||
waste is
permanently disposed of at the site in a calendar | ||
year.
| ||
(4) $4,650 if more than 10,000 cubic
yards, but not | ||
more than 50,000 cubic yards, of non-hazardous solid waste
| ||
is permanently disposed of at the site in a calendar year.
| ||
(5) $650 if not more than 10,000 cubic
yards of | ||
non-hazardous solid waste is permanently disposed of at | ||
the site in
a calendar year.
| ||
The corporate authorities of the unit of local government
| ||
may use proceeds from the fee, tax, or surcharge to reimburse a | ||
highway
commissioner whose road district lies wholly or | ||
partially within the
corporate limits of the unit of local | ||
government for expenses incurred in
the removal of | ||
nonhazardous, nonfluid municipal waste that has been dumped
on | ||
public property in violation of a State law or local | ||
ordinance.
|
For the disposal of solid waste from general construction
| ||
or demolition debris recovery facilities as defined in | ||
subsection (a-1) of Section 3.160, the total fee, tax, or | ||
surcharge imposed by
all units of local government under this | ||
subsection (j) upon
the solid waste disposal facility shall | ||
not exceed 50% of the
applicable amount set forth above. A unit | ||
of local government,
as defined in the Local Solid Waste | ||
Disposal Act, in which a
general construction or demolition | ||
debris recovery facility is
located may establish a fee, tax, | ||
or surcharge on the general construction or demolition debris | ||
recovery facility with
regard to the permanent disposal of | ||
solid waste by the
general construction or demolition debris | ||
recovery facility at
a solid waste disposal facility, provided | ||
that such fee, tax,
or surcharge shall not exceed 50% of the | ||
applicable amount set
forth above, based on the total amount | ||
of solid waste transported from the general construction or | ||
demolition debris recovery facility for disposal at solid | ||
waste disposal facilities, and the unit of local government | ||
and fee shall be
subject to all other requirements of this | ||
subsection (j). | ||
A county or Municipal Joint Action Agency that imposes a | ||
fee, tax, or
surcharge under this subsection may use the | ||
proceeds thereof to reimburse a
municipality that lies wholly | ||
or partially within its boundaries for expenses
incurred in | ||
the removal of nonhazardous, nonfluid municipal waste that has | ||
been
dumped on public property in violation of a State law or |
local ordinance.
| ||
If the fees are to be used to conduct a local sanitary | ||
landfill
inspection or enforcement program, the unit of local | ||
government must enter
into a written delegation agreement with | ||
the Agency pursuant to subsection
(r) of Section 4. The unit of | ||
local government and the Agency shall enter
into such a | ||
written delegation agreement within 60 days after the
| ||
establishment of such fees. At least annually,
the Agency | ||
shall conduct an audit of the expenditures made by units of | ||
local
government from the funds granted by the Agency to the | ||
units of local
government for purposes of local sanitary | ||
landfill inspection and enforcement
programs, to ensure that | ||
the funds have been expended for the prescribed
purposes under | ||
the grant.
| ||
The fees, taxes or surcharges collected under this | ||
subsection (j) shall
be placed by the unit of local government | ||
in a separate fund, and the
interest received on the moneys in | ||
the fund shall be credited to the fund. The
monies in the fund | ||
may be accumulated over a period of years to be
expended in | ||
accordance with this subsection.
| ||
A unit of local government, as defined in the Local Solid | ||
Waste Disposal
Act, shall prepare and post on its website, in | ||
April of each year, a
report that details spending plans for | ||
monies collected in accordance with
this subsection. The | ||
report will at a minimum include the following:
| ||
(1) The total monies collected pursuant to this |
subsection.
| ||
(2) The most current balance of monies collected | ||
pursuant to this
subsection.
| ||
(3) An itemized accounting of all monies expended for | ||
the previous year
pursuant to this subsection.
| ||
(4) An estimation of monies to be collected for the | ||
following 3
years pursuant to this subsection.
| ||
(5) A narrative detailing the general direction and | ||
scope of future
expenditures for one, 2 and 3 years.
| ||
The exemptions granted under Sections 22.16 and 22.16a, | ||
and under
subsection (k) of this Section, shall be applicable | ||
to any fee,
tax or surcharge imposed under this subsection | ||
(j); except that the fee,
tax or surcharge authorized to be | ||
imposed under this subsection (j) may be
made applicable by a | ||
unit of local government to the permanent disposal of
solid | ||
waste after December 31, 1986, under any contract lawfully | ||
executed
before June 1, 1986 under which more than 150,000 | ||
cubic yards (or 50,000 tons)
of solid waste is to be | ||
permanently disposed of, even though the waste is
exempt from | ||
the fee imposed by the State under subsection (b) of this | ||
Section
pursuant to an exemption granted under Section 22.16.
| ||
(k) In accordance with the findings and purposes of the | ||
Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||
the fee under subsection
(b) and the fee, tax or surcharge | ||
under subsection (j) shall not apply to:
| ||
(1) waste which is hazardous waste;
|
(2) waste which is pollution control waste;
| ||
(3) waste from recycling, reclamation or reuse | ||
processes which have been
approved by the Agency as being | ||
designed to remove any contaminant from
wastes so as to | ||
render such wastes reusable, provided that the process
| ||
renders at least 50% of the waste reusable; the exemption | ||
set forth in this paragraph (3) of this subsection (k) | ||
shall not apply to general construction or demolition | ||
debris recovery
facilities as defined in subsection (a-1) | ||
of Section 3.160;
| ||
(4) non-hazardous solid waste that is received at a | ||
sanitary landfill
and composted or recycled through a | ||
process permitted by the Agency; or
| ||
(5) any landfill which is permitted by the Agency to | ||
receive only
demolition or construction debris or | ||
landscape waste.
| ||
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||
8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | ||
102-1055, eff. 6-10-22; revised 8-25-22.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|