Illinois 2023-2024 Regular Session

Illinois House Bill HB2874 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2874 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: New Act Creates the Packaging and Paper Products Stewardship Act. Provides that a producer responsibility organization shall be established to carry out the Act's provisions. Tasks the Environmental Protection Agency with providing administrative support under the Act. Establishes the Packaging and Paper Product Producer Responsibility Advisory Council to provide advice and recommendations in the drafting, amendment, or approval of program plans and to oversee and provide recommendations for the implementation of program plans. Requires producers, in consultation with the Advisory Committee, to adopt and publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials. Tasks the Prairie Research Institute with conducting a study and preparing a statewide needs assessment to assess recycling and covered materials management needs in the State. Provides that, no later than January 1, 2026, producers shall submit a producer responsibility program plan for the Agency's approval. Requires producers to establish waste prevention and reuse programs and composting infrastructure and education programs. Permits the development and operation of an alternative collection program to collect and manage a type or types of covered materials sold, offered for sale, distributed, or served to consumers in the State that are not on the minimum recyclable materials list. Requires producers to submit annual reports to the Agency. Allows postconsumer recycled content requirements in specific products to be waived by the Agency if specified requirements are met. Contains provisions concerning a plastics recycling technologies study, outreach and education, penalties for violations, severability, and other provisions. Effective immediately. LRB103 24787 CPF 51116 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2874 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: New Act New Act Creates the Packaging and Paper Products Stewardship Act. Provides that a producer responsibility organization shall be established to carry out the Act's provisions. Tasks the Environmental Protection Agency with providing administrative support under the Act. Establishes the Packaging and Paper Product Producer Responsibility Advisory Council to provide advice and recommendations in the drafting, amendment, or approval of program plans and to oversee and provide recommendations for the implementation of program plans. Requires producers, in consultation with the Advisory Committee, to adopt and publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials. Tasks the Prairie Research Institute with conducting a study and preparing a statewide needs assessment to assess recycling and covered materials management needs in the State. Provides that, no later than January 1, 2026, producers shall submit a producer responsibility program plan for the Agency's approval. Requires producers to establish waste prevention and reuse programs and composting infrastructure and education programs. Permits the development and operation of an alternative collection program to collect and manage a type or types of covered materials sold, offered for sale, distributed, or served to consumers in the State that are not on the minimum recyclable materials list. Requires producers to submit annual reports to the Agency. Allows postconsumer recycled content requirements in specific products to be waived by the Agency if specified requirements are met. Contains provisions concerning a plastics recycling technologies study, outreach and education, penalties for violations, severability, and other provisions. Effective immediately. LRB103 24787 CPF 51116 b LRB103 24787 CPF 51116 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2874 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Packaging and Paper Products Stewardship Act. Provides that a producer responsibility organization shall be established to carry out the Act's provisions. Tasks the Environmental Protection Agency with providing administrative support under the Act. Establishes the Packaging and Paper Product Producer Responsibility Advisory Council to provide advice and recommendations in the drafting, amendment, or approval of program plans and to oversee and provide recommendations for the implementation of program plans. Requires producers, in consultation with the Advisory Committee, to adopt and publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials. Tasks the Prairie Research Institute with conducting a study and preparing a statewide needs assessment to assess recycling and covered materials management needs in the State. Provides that, no later than January 1, 2026, producers shall submit a producer responsibility program plan for the Agency's approval. Requires producers to establish waste prevention and reuse programs and composting infrastructure and education programs. Permits the development and operation of an alternative collection program to collect and manage a type or types of covered materials sold, offered for sale, distributed, or served to consumers in the State that are not on the minimum recyclable materials list. Requires producers to submit annual reports to the Agency. Allows postconsumer recycled content requirements in specific products to be waived by the Agency if specified requirements are met. Contains provisions concerning a plastics recycling technologies study, outreach and education, penalties for violations, severability, and other provisions. Effective immediately.
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11	11	1 AN ACT concerning safety.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Packaging and Paper Products Stewardship Act.
16	16	6 Section 5. Findings and purpose. The General Assembly
17	17	7 finds that:
18	18	8 (1) Recycling rates have been stagnant in Illinois for
19	19	9 over 15 years. Many Illinois counties continue to fall
20	20	10 short of the long-standing recycling goal of 25%
21	21	11 established in 1988 in the Solid Waste Planning and
22	22	12 Recycling Act, principally due to a lack of cost-effective
23	23	13 access to recycling services.
24	24	14 (2) In Illinois, more than 40% (over 7 million tons
25	25	15 per year) of municipal solid waste disposed of in
26	26	16 landfills is comprised of packaging and paper products. Of
27	27	17 this amount, nearly 80% consists of materials commonly
28	28	18 collected in curbside recycling programs in areas of the
29	29	19 State with mature recycling programs. The remainder
30	30	20 includes packaging products such as polystyrene, #3-#7
31	31	21 plastics, plastic bags, flexible pouches, and other
32	32	22 plastic films which are not currently acceptable in
33	33	23 curbside recycling and for which limited drop-off
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2874 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Packaging and Paper Products Stewardship Act. Provides that a producer responsibility organization shall be established to carry out the Act's provisions. Tasks the Environmental Protection Agency with providing administrative support under the Act. Establishes the Packaging and Paper Product Producer Responsibility Advisory Council to provide advice and recommendations in the drafting, amendment, or approval of program plans and to oversee and provide recommendations for the implementation of program plans. Requires producers, in consultation with the Advisory Committee, to adopt and publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials. Tasks the Prairie Research Institute with conducting a study and preparing a statewide needs assessment to assess recycling and covered materials management needs in the State. Provides that, no later than January 1, 2026, producers shall submit a producer responsibility program plan for the Agency's approval. Requires producers to establish waste prevention and reuse programs and composting infrastructure and education programs. Permits the development and operation of an alternative collection program to collect and manage a type or types of covered materials sold, offered for sale, distributed, or served to consumers in the State that are not on the minimum recyclable materials list. Requires producers to submit annual reports to the Agency. Allows postconsumer recycled content requirements in specific products to be waived by the Agency if specified requirements are met. Contains provisions concerning a plastics recycling technologies study, outreach and education, penalties for violations, severability, and other provisions. Effective immediately.
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43	43	A BILL FOR
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68	68	1 recycling options exist.
69	69	2 (3) Consumers have limited sustainable purchasing
70	70	3 choices. Illinois residents are generating packaging and
71	71	4 paper waste that is beyond their ability to reuse or
72	72	5 recycle. Consumers are also given confusing, inconsistent
73	73	6 messages through various means about which materials can
74	74	7 be recycled, and thus inadvertently create contamination
75	75	8 in recycling streams. There is widespread recycling
76	76	9 fatigue and public skepticism about the efficacy of
77	77	10 recycling in Illinois.
78	78	11 (4) Volatility in global recycling markets due to
79	79	12 import restrictions such as the China National Sword
80	80	13 policy, as well as impacts on supply chains and material
81	81	14 demand due to the COVID-19 pandemic, have further
82	82	15 challenged markets for recycled materials and destabilized
83	83	16 the recycling system in the State.
84	84	17 (5) Significant and increasing quantities of plastics
85	85	18 and packaging materials are seen in the environment,
86	86	19 including in Illinois rivers, lakes, and streams. This
87	87	20 pollution impacts the drinking water, wildlife, and
88	88	21 recreational value of vital natural resources.
89	89	22 (6) Consumer brands have little incentive to reduce
90	90	23 the amount of packaging they use or to choose more
91	91	24 sustainable materials to package products. Units of local
92	92	25 government and residents must, therefore, manage
93	93	26 increasingly complex materials even though they have no
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104	104	1 input in designing or bringing these materials to market.
105	105	2 (7) Units of local government are struggling to fund
106	106	3 collection and processing costs for an increasing volume
107	107	4 of packaging and paper products, and the cost of recycling
108	108	5 programs continues to rise with the complexity of the
109	109	6 material stream that material recycling facilities are
110	110	7 required to manage. Furthermore, many multifamily
111	111	8 residences and rural areas of the State do not have access
112	112	9 to adequate recycling opportunities.
113	113	10 (8) As materials continue to be landfilled and
114	114	11 littered, lower-income and rural communities across the
115	115	12 State disproportionately bear the environmental, health,
116	116	13 and economic consequences. Furthermore, by failing to
117	117	14 reuse or recycle packaging and paper products Illinois
118	118	15 loses economic value and green sector jobs.
119	119	16 (9) A producer responsibility program for packaging
120	120	17 and paper products in Illinois would require producers to
121	121	18 pay for and manage a statewide recycling system for their
122	122	19 packaging and paper products, including cardboard,
123	123	20 plastic, metal, paper, and other common recyclables. The
124	124	21 producer responsibility program would provide additional
125	125	22 environmental benefits by reducing demand on natural
126	126	23 resources, greenhouse gas emissions, and litter and by
127	127	24 increasing the recyclability of products.
128	128	25 Section 10. Definitions. In this Act:
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139	139	1 "Advisory Council" means the Packaging and Paper Product
140	140	2 Producer Responsibility Advisory Council established under
141	141	3 Section 15.
142	142	4 "Agency" means the Illinois Environmental Protection
143	143	5 Agency.
144	144	6 "Alternative collection program" means a program for the
145	145	7 management of covered materials that is operated by an
146	146	8 individual producer, group of producers, or producer
147	147	9 responsibility organization and that has been approved by the
148	148	10 Agency in accordance with Section 75.
149	149	11 "Board" means the Illinois Pollution Control Board.
150	150	12 "Compost" has the same meaning as defined in Section 3.150
151	151	13 of the Environmental Protection Act.
152	152	14 "Compostable materials" means a covered material that is
153	153	15 designed to contact, contain, or carry a product, that can be
154	154	16 collected for composting, and that is capable of undergoing
155	155	17 aerobic biological decomposition in a controlled composting
156	156	18 system as demonstrated by meeting ASTM D6400, ASTM D6868, or
157	157	19 any successor standards.
158	158	20 "Composting rate" means the percentage of discarded
159	159	21 covered materials that are managed through composting. A
160	160	22 "composting rate" is calculated by dividing the total weight
161	161	23 of all covered materials that are collected for composting by
162	162	24 the total weight of covered materials sold, distributed, or
163	163	25 served to consumers in the State over a program year.
164	164	26 "Covered entity" means a person or entity responsible for:
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175	175	1 (1) a single or multifamily residence, either
176	176	2 individually or jointly through a unit of local
177	177	3 government;
178	178	4 (2) a public or private school for grades kindergarten
179	179	5 through 12th grade;
180	180	6 (3) a State or local government facility; and
181	181	7 (4) a public space, including, but not limited to,
182	182	8 public spaces, such as parks, trails, transit stations,
183	183	9 and pedestrian areas for which the State or a unit of local
184	184	10 government is responsible.
185	185	11 "Covered material" means a packaging material or paper
186	186	12 product, regardless of recyclability, compostability, or
187	187	13 material type. "Covered material" does not include packaging
188	188	14 materials or paper products that are subject to collection and
189	189	15 recycling through a separate State stewardship law.
190	190	16 "Curbside recycling" means the collection of recyclable
191	191	17 materials from covered entities at the site where the
192	192	18 recyclable materials are generated. "Curbside recycling" may
193	193	19 be provided by a covered entity directly or by a
194	194	20 private-sector company operating through a contract with a
195	195	21 covered entity or with any other person in the State.
196	196	22 "Director" means the Director of the Agency.
197	197	23 "Drop-off recycling" means the collection of recyclable
198	198	24 material from a covered entity at one or more centralized
199	199	25 sites.
200	200	26 "Hauler" means a person who collects recyclable materials
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211	211	1 and transports them to a transfer station or MRF. A "hauler"
212	212	2 may be a covered entity or a private-sector company operating
213	213	3 through a contract with a covered entity or with any other
214	214	4 person in the State.
215	215	5 "Material recovery facility" or "MRF" means a facility
216	216	6 where recyclable materials collected via curbside recycling or
217	217	7 drop-off recycling are consolidated and sorted for return to
218	218	8 the economic mainstream in the form of raw materials.
219	219	9 "Mechanical recycling" means the use of physical processes
220	220	10 to sort and prepare recovered materials for use in the
221	221	11 production of new materials without changing the molecular
222	222	12 structure of the recovered material.
223	223	13 "Nonprofit organization" means a tax-exempt charitable or
224	224	14 social welfare organization operating under 26 U.S.C.
225	225	15 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code of
226	226	16 1986, as amended.
227	227	17 "Packaging" means a discrete material or category of
228	228	18 material, regardless of recyclability. "Packaging" includes,
229	229	19 but is not limited to, a material type, such as paper, plastic,
230	230	20 glass, metal, or multi-material, that is:
231	231	21 (1) used to protect, contain, transport, or serve a
232	232	22 product;
233	233	23 (2) sold or supplied to consumers expressly for the
234	234	24 purpose of protecting, containing, transporting, or
235	235	25 serving products;
236	236	26 (3) attached to a product or its container for the
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247	247	1 purpose of marketing or communicating information about
248	248	2 the product;
249	249	3 (4) supplied at the point of sale to facilitate the
250	250	4 delivery of the product; or
251	251	5 (5) supplied to or purchased by consumers expressly
252	252	6 for the purpose of facilitating food or beverage
253	253	7 consumption and ordinarily disposed of after a single use
254	254	8 or short-term use, whether or not it could be reused.
255	255	9 "Packaging" does not include:
256	256	10 (1) a medical device or packaging that is included
257	257	11 with products regulated:
258	258	12 (A) as a drug, medical device, or dietary
259	259	13 supplement by the United States Food and Drug
260	260	14 Administration under the Federal Food, Drug, and
261	261	15 Cosmetic Act;
262	262	16 (B) as combination product as defined under 21 CFR
263	263	17 3.2(e); or
264	264	18 (C) under the federal Dietary Supplement Health
265	265	19 and Education Act of 1994;
266	266	20 (2) animal biologics, including, but not limited to,
267	267	21 vaccines, bacterins, antisera, diagnostic kits, other
268	268	22 products of biological origin, and other covered materials
269	269	23 regulated by the United States Department of Agriculture
270	270	24 under the federal Virus, Serum, Toxin Act;
271	271	25 (3) packaging regulated under the Federal Insecticide,
272	272	26 Fungicide, and Rodenticide Act or another applicable
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283	283	1 federal law, rule, or regulation; and
284	284	2 (4) beverage containers subject to a returnable
285	285	3 container deposit, if applicable.
286	286	4 "Paper product" means:
287	287	5 (1) paper that can or has been printed on to create
288	288	6 flyers, brochures, booklets, catalogs, greeting cards,
289	289	7 telephone directories, newspapers, magazines; and
290	290	8 (2) paper used for copying, writing, or any other
291	291	9 general use.
292	292	10 "Paper product" does not include:
293	293	11 (1) paper that, by virtue of its anticipated use,
294	294	12 could become unsafe or unsanitary to recycle; or
295	295	13 (2) any form of bound book, including, but not limited
296	296	14 to, bound books for literary, textual, or reference
297	297	15 purposes.
298	298	16 "Person" means any individual, partnership,
299	299	17 co-partnership, firm, company, limited liability company,
300	300	18 corporation, association, joint-stock company, trust, estate,
301	301	19 political subdivision, State agency, any other legal entity,
302	302	20 or their legal representative, agent, or assign.
303	303	21 "Postconsumer material" means covered materials that have
304	304	22 served their intended end use as consumer items. "Postconsumer
305	305	23 material" does not include a byproduct or waste material
306	306	24 generated during or after the completion of a manufacturing or
307	307	25 converting process.
308	308	26 "Postconsumer recycled content" means the portion of a
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319	319	1 covered material made from postconsumer material that has been
320	320	2 recycled.
321	321	3 "Producer" means the following:
322	322	4 (1) For products sold, offered for sale, distributed,
323	323	5 or served in packaging to consumers at a physical retail
324	324	6 location in this State:
325	325	7 (A) the product's manufacturer, if the product is
326	326	8 sold, offered for sale, distributed, or served in
327	327	9 packaging under the product manufacturer's own brand
328	328	10 or in packaging that lacks identification of a brand;
329	329	11 (B) except as provided under subparagraph (C), the
330	330	12 owner of the brand under which the product is sold,
331	331	13 offered for sale, distributed, or served to consumers,
332	332	14 if the product is sold, offered for sale, distributed,
333	333	15 or served to consumers under a brand other than the
334	334	16 product manufacturer's own brand;
335	335	17 (C) the manufacturer of the packaging and not its
336	336	18 retailer, if the product is manufactured on behalf of
337	337	19 a retailer and is sold, offered for sale, distributed,
338	338	20 or served under the retailer's brand or is licensed or
339	339	21 trademarked by the retailer; or
340	340	22 (D) if there is no person described in
341	341	23 subparagraphs (A), (B), or (C) within the United
342	342	24 States, the person who imports the product into the
343	343	25 United States.
344	344	26 (2) For products sold, distributed, or served in
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355	355	1 packaging to consumers in this State via remote sale,
356	356	2 distribution, or service:
357	357	3 (A) the producer of the product's packaging is the
358	358	4 producer determined under paragraph (1); and
359	359	5 (B) the producer of packaging used to ship the
360	360	6 product to a consumer, such as a box, envelope, or
361	361	7 other packaging used for shipping, is the person that
362	362	8 manufactured the packaging used for shipping.
363	363	9 (3) For all packaging that is a covered material,
364	364	10 other than packaging identified in paragraphs (1) and (2),
365	365	11 the manufacturer of the packaged product is the producer
366	366	12 of the packaging.
367	367	13 (4) For paper products that are publications, such as
368	368	14 magazines, newspapers, catalogs, or telephone directories,
369	369	15 the publisher is the producer of the paper product.
370	370	16 (5) For paper products not described in paragraph (4),
371	371	17 the producer is the same as the producer as determined
372	372	18 under paragraphs (1) and (2).
373	373	19 "Producer" does not include:
374	374	20 (1) government agencies or units of local government;
375	375	21 (2) nonprofit organizations;
376	376	22 (3) retailers; or
377	377	23 (4) persons that annually sell, offer for sale,
378	378	24 distribute, or serve to consumers in this State, or import
379	379	25 into the United States for sale in this State, either:
380	380	26 (A) less than one ton of covered materials in a
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391	391	1 program year in this State; or
392	392	2 (B) packaged products that generate less than
393	393	3 $3,000,000 in gross revenue nationally in a program
394	394	4 year.
395	395	5 "Producer responsibility organization" means a registered
396	396	6 nonprofit organization designated by one or more producers to
397	397	7 act as an agent on behalf of each producer in the group for
398	398	8 purposes of developing and implementing a program plan in
399	399	9 accordance with this Act.
400	400	10 "Producer responsibility program plan" or "program plan"
401	401	11 means the program plan required under Section 45.
402	402	12 "Program year" means a calendar year. The first program
403	403	13 year is calendar year 2026.
404	404	14 "Readily recyclable material" means a covered material
405	405	15 included in the minimum recyclables list developed under
406	406	16 Section 35.
407	407	17 "Reasonable rate" means the funding rate paid by
408	408	18 producers, either individually or jointly with other
409	409	19 producers, through a producer responsibility organization and
410	410	20 using the actual rate established in a contract for services
411	411	21 or the actual cost to provide service by a covered entity. If a
412	412	22 contract for services is not in place or services are not
413	413	23 provided directly by a covered entity on or before the
414	414	24 effective date of this Act, the contract shall be
415	415	25 competitively procured through a process seeking requests for
416	416	26 proposals in accordance with the statutory authority granted
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427	427	1 to units of local government under Illinois law.
428	428	2 "Recovery rate" means the percentage of covered materials
429	429	3 recovered for recycling, reclamation, reuse, or composting.
430	430	4 The "recovery rate" is calculated by dividing the total weight
431	431	5 of all covered materials collected for recycling, reclamation,
432	432	6 reuse, or composting by the total weight of covered materials
433	433	7 sold, distributed, or served to consumers in this State over a
434	434	8 program year.
435	435	9 "Recycling" means recycling, reclamation or reuse as
436	436	10 defined in Section 3.380 of the Environmental Protection Act.
437	437	11 "Recycling" does not include landfill disposal of covered
438	438	12 materials or the residue resulting from the processing of
439	439	13 covered materials at a MRF, use as alternative daily cover or
440	440	14 any other beneficial use at a landfill, incineration, energy
441	441	15 recovery, or energy generation by means of combustion, or
442	442	16 final conversion of a covered material or a covered material's
443	443	17 components and by-products to a fuel.
444	444	18 "Recycling rate" means the percentage of covered materials
445	445	19 returned to the economic mainstream in the form of raw
446	446	20 materials or products rather than being disposed of or
447	447	21 discarded. The "recycling rate" is calculated by dividing the
448	448	22 total weight of all covered materials that are collected for
449	449	23 recycling by the total weight of covered materials sold,
450	450	24 distributed, or served to consumers in the State over a
451	451	25 program year, not including the residue that is landfilled
452	452	26 after processing by a MRF.
453	453
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463	463	1 "Restaurant" means a business having sales of ready-to-eat
464	464	2 food for immediate consumption comprising at least 51% of the
465	465	3 total sales, excluding the sale of liquor.
466	466	4 "Retailer" means any person engaged in the business of
467	467	5 making sales at retail that generate occupation or use tax
468	468	6 revenue, including, but not limited to, sales made through an
469	469	7 Internet transaction to deliver an item to a consumer in the
470	470	8 State. "Retailer" includes a restaurant.
471	471	9 "Reusable" means:
472	472	10 (1) designed to be refilled or used repeatedly for its
473	473	11 original intended purpose and is returnable;
474	474	12 (2) safe for washing and sanitizing according to
475	475	13 applicable State food safety laws; and
476	476	14 (3) with the exception of ceramic products, capable of
477	477	15 being recycled at the end of use.
478	478	16 "Reuse" means the return of packaging to the economic
479	479	17 stream for use in the same kind of application intended for the
480	480	18 original packaging without effectuating a change in the
481	481	19 original composition of the package, the identity of the
482	482	20 product, or the components thereof.
483	483	21 "Reuse and refill system" means a program or set of
484	484	22 mechanisms designed to facilitate multiple uses of packaging,
485	485	23 including, but not limited to, deposits, incentives, curbside
486	486	24 collection, collection kiosks, refill stations, dishwashing
487	487	25 facilities, and redistribution networks.
488	488	26 "Reusable or refillable packaging" means packaging that is
489	489
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499	499	1 specifically designed and manufactured to maintain its shape
500	500	2 and structure and to be materially durable for repeated
501	501	3 sanitizing, washing, and reuse.
502	502	4 "Rigid plastic" means packaging made of plastic that has a
503	503	5 relatively inflexible finite shape or form and is capable of
504	504	6 maintaining its shape while empty or while holding other
505	505	7 products.
506	506	8 "Service provider" means a hauler, transfer station, or
507	507	9 MRF.
508	508	10 "Single-use packaging or product" means a packaging or
509	509	11 product that is supplied to or purchased by consumers
510	510	12 expressly for the purpose of facilitating food or beverage
511	511	13 consumption and that is ordinarily disposed of after a single
512	512	14 use or short-term use, whether or not it could be reused.
513	513	15 "Small producer" means a producer who, during the previous
514	514	16 program year, (i) earned more than $3,000,000 but less than
515	515	17 $5,000,000 in annual revenues nationally or (ii) sold,
516	516	18 distributed, or served more than one but less than 15 tons of
517	517	19 covered materials to consumers in this State.
518	518	20 "Transfer station" has the same meaning as defined in
519	519	21 Section 3.500 of the Environmental Protection Act.
520	520	22 "Waste prevention rate" means the ratio of the weight of
521	521	23 packaging materials to the weight of products contained in the
522	522	24 packaging across all product and packaging material types in a
523	523	25 program year in comparison to the ratio of the weight of
524	524	26 packaging materials for products put into the market in
525	525
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535	535	1 Illinois in 2026.
536	536	2 Section 15. Producer responsibility organization
537	537	3 governance.
538	538	4 (a) A producer responsibility organization shall be
539	539	5 established to carry out relevant provisions under this Act.
540	540	6 On or before January 1, 2024, the producer responsibility
541	541	7 organization shall appoint a governing board to oversee and
542	542	8 direct all activities of the producer responsibility
543	543	9 organization with respect to this Act. Any changes or
544	544	10 additions in membership shall be documented by a producer
545	545	11 responsibility organization and, upon request, provided to the
546	546	12 Agency.
547	547	13 (b) In appointing the governing board, a producer
548	548	14 responsibility organization shall include representatives of
549	549	15 producers who are members of a producer responsibility
550	550	16 organization, including, but not limited to, brand
551	551	17 manufacturers and packaging manufacturers, as applicable.
552	552	18 Section 20. Packaging and Paper Product Producer
553	553	19 Responsibility Advisory Council.
554	554	20 (a) The Packaging and Paper Product Producer
555	555	21 Responsibility Advisory Council is established in the Agency.
556	556	22 On or before January 1, 2024, the Director shall appoint
557	557	23 members to the Advisory Council to provide advice and
558	558	24 recommendations to the Agency, producers, and a producer
559	559
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569	569	1 responsibility organization in the drafting, amendment, or
570	570	2 approval of program plans and to oversee and provide
571	571	3 recommendations for the implementation of program plans,
572	572	4 including, but not limited to, needs assessments and progress
573	573	5 toward achieving performance requirements under this Act. The
574	574	6 Advisory Council shall advise on and review annual reports and
575	575	7 shall provide recommendations to the Agency, producers, and a
576	576	8 producer responsibility organization regarding changes to the
577	577	9 program to correct shortcomings and ensure performance
578	578	10 requirements under this Act are met.
579	579	11 (b) In appointing members to the Advisory Council under
580	580	12 subsection (a), the Director shall consider representatives
581	581	13 from all geographic regions of the State, all sizes of
582	582	14 communities in the State, all supply chain participants in the
583	583	15 recycling system, and the racial and gender diversity of this
584	584	16 State. Members of the Advisory Council shall include, but
585	585	17 shall not be limited to, the following voting members:
586	586	18 (1) three individuals representing material recovery
587	587	19 facilities in the State, at least one of whom shall
588	588	20 represent a MRF that accepts recyclables from the Chicago
589	589	21 metropolitan area and at least one of whom shall represent
590	590	22 a MRF that accepts recyclables from central or southern
591	591	23 Illinois;
592	592	24 (2) one individual representing a drop-off recycling
593	593	25 program that collects recyclables from the public;
594	594	26 (3) three individuals representing haulers, one of
595	595
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605	605	1 whom shall represent a statewide organization representing
606	606	2 haulers, one of whom shall represent a publicly traded
607	607	3 hauler, and one of whom shall represent a privately owned
608	608	4 hauler;
609	609	5 (4) seven individuals representing rural and urban
610	610	6 units of local government, one of whom shall represent a
611	611	7 county with a population of less than 50,000, one of whom
612	612	8 shall represent a county with a population of more than
613	613	9 50,000 and less than 1,000,000, one of whom shall
614	614	10 represent a county with a population of more than
615	615	11 1,000,000, one of whom shall represent a municipality, one
616	616	12 of whom shall represent a municipal joint action agency,
617	617	13 one of whom shall represent a township, and one of whom
618	618	14 shall represent a municipality with a population of
619	619	15 1,000,000 or more;
620	620	16 (5) one individual representing retailers or a
621	621	17 statewide association of retailers;
622	622	18 (6) two individuals representing environmental
623	623	19 organizations;
624	624	20 (7) one individual representing an environmental
625	625	21 justice advocacy organization; and
626	626	22 (8) four individuals representing trade associations,
627	627	23 one of whom shall represent a fiber trade association, one
628	628	24 of whom shall represent a plastic trade association, one
629	629	25 of whom shall represent a metal trade association, and one
630	630	26 of whom shall represent a glass trade association.
631	631
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641	641	1 The Advisory Council shall include the following nonvoting
642	642	2 members, appointed by the Director, to facilitate the work of
643	643	3 the Advisory Council:
644	644	4 (1) one individual representing a producer
645	645	5 responsibility organization;
646	646	6 (2) one individual representing manufacturers of
647	647	7 products containing postconsumer material, or one or more
648	648	8 associations of such manufacturers;
649	649	9 (3) one individual representing manufacturers of
650	650	10 virgin covered materials, or one or more associations of
651	651	11 suppliers of substrates of covered materials; and
652	652	12 (4) one individual representing the Agency.
653	653	13 (c) An individual may be appointed to only one position on
654	654	14 the Council. Initial appointments shall be for a period of 4
655	655	15 years.
656	656	16 (d) Advisory Council members shall be reimbursed by a
657	657	17 producer responsibility organization for travel and lodging
658	658	18 expenses incurred in the execution of the duties of the
659	659	19 Advisory Council. Individuals representing environmental
660	660	20 justice organizations shall be considered by the Advisory
661	661	21 Council for receipt of an additional stipend in an amount
662	662	22 determined by the Advisory Council and payable by producers,
663	663	23 either individually or jointly with other producers through a
664	664	24 producer responsibility organization.
665	665	25 (e) The duties of the voting members of the Advisory
666	666	26 Council are as follows:
667	667
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677	677	1 (1) Provide guidance on the scope of the statewide
678	678	2 needs assessment required under Section 25.
679	679	3 (2) Review and comment on the statewide needs
680	680	4 assessment prior to completion.
681	681	5 (3) Review and comment on all program plans during the
682	682	6 plan development process, prior to submission to the
683	683	7 Agency, pursuant to Section 45.
684	684	8 (4) Make recommendations to the Agency regarding
685	685	9 approval of submitted program plans.
686	686	10 (5) Make recommendations to producers, producer
687	687	11 responsibility organizations, and the Agency regarding the
688	688	12 development of or updates to the list of minimum types of
689	689	13 recyclable materials described in Section 35.
690	690	14 (6) Review and comment on all annual reports prior to
691	691	15 their submission to the Agency.
692	692	16 (7) Make recommendations to producers, producer
693	693	17 responsibility organizations, and the Agency regarding the
694	694	18 need for any program plan amendments or other
695	695	19 requirements, which may be based on annual program
696	696	20 reports.
697	697	21 (f) The Advisory Council shall:
698	698	22 (1) meet at the call of the Chair, except for the first
699	699	23 meeting, which shall be called by the Director;
700	700	24 (2) meet at least quarterly until initial program
701	701	25 plans have been approved and at least semi-annually
702	702	26 thereafter;
703	703
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713	713	1 (3) elect a Chair from among Advisory Council members
714	714	2 by a simple majority vote;
715	715	3 (4) adopt bylaws and a charter for the operation of
716	716	4 its business for the purposes of this Act; the bylaws
717	717	5 shall include, but are not limited to, identification of
718	718	6 the term of appointment of members, staggering of
719	719	7 expiration of appointments, and procedures for appointment
720	720	8 of new members to fill a vacancy before a term is
721	721	9 completed;
722	722	10 (5) include an opportunity for a minority report; and
723	723	11 (6) be convened and provided administrative support by
724	724	12 the Agency and Agency staff.
725	725	13 The Agency may select and hire a third-party facilitator
726	726	14 for the Advisory Council, which shall be included among the
727	727	15 administrative costs of the program, to be paid by producers
728	728	16 or producer responsibility organizations.
729	729	17 (g) The Advisory Council, upon a majority vote, shall have
730	730	18 the authority to appeal a decision made by a producer, a
731	731	19 producer responsibility organization, or the Agency to the
732	732	20 Board if it believes the decision is not consistent with this
733	733	21 Act. The Board shall have 60 days to rule on the appeal.
734	734	22 Section 25. Producer registration; needs assessment; scope
735	735	23 of work.
736	736	24 (a) On or before January 1, 2024, any producer or a single
737	737	25 producer responsibility organization authorized to operate and
738	738
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748	748	1 administer a program on the producer's behalf and who intends
749	749	2 to submit a program plan pursuant to Section 45 of this Act
750	750	3 shall register with the Agency.
751	751	4 (b) The registration submitted pursuant to subsection (a),
752	752	5 on a form prescribed by the Agency, shall:
753	753	6 (1) identify each producer that intends to authorize a
754	754	7 producer responsibility organization to operate and
755	755	8 administer a program plan on the producer's behalf;
756	756	9 (2) provide the name, address, and contact information
757	757	10 of a person responsible for ensuring a producer, producer
758	758	11 responsibility organization, or a producer who has
759	759	12 authorized a producer responsibility organization to
760	760	13 operate a program on the producer's behalf comply with the
761	761	14 requirements of this Section;
762	762	15 (3) identify the members of the governing board of a
763	763	16 producer responsibility organization; and
764	764	17 (4) describe the scope of work for the comprehensive
765	765	18 statewide needs assessment study as required under Section
766	766	19 35, which producers, either individually or jointly with
767	767	20 other producers through a producer responsibility
768	768	21 organization, will fund, including, but not limited to, a
769	769	22 description of the data types and sources to be provided
770	770	23 by producers, a producer responsibility organization,
771	771	24 covered entities, and other persons as necessary to
772	772	25 facilitate the comprehensive statewide needs assessment
773	773	26 study's completion.
774	774
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784	784	1 (c) No later than 60 days after submission of a
785	785	2 registration form under this Section, the Agency shall provide
786	786	3 a written notice to a producer or producer responsibility
787	787	4 organization of the Agency's determination approving or
788	788	5 disapproving the scope of work of the producer or producer
789	789	6 responsibility organization funded statewide needs assessment.
790	790	7 If the needs assessment's scope of work does not meet the
791	791	8 requirements of Section 35 and is not approved by the Agency,
792	792	9 the Agency shall describe the reasons for the disapproval in
793	793	10 the notice of determination. A producer or producer
794	794	11 responsibility organization shall revise and resubmit the
795	795	12 proposed needs assessment's scope of work to the Agency not
796	796	13 later than 30 days after receipt of the Agency's notice. Not
797	797	14 later than 30 days after receipt of the revised proposal, the
798	798	15 Agency shall review and approve or disapprove the revised
799	799	16 needs assessment proposal and shall provide a notice of
800	800	17 determination to the producer or producer responsibility
801	801	18 organization. A producer or producer responsibility
802	802	19 organization may resubmit a revised needs assessment proposal
803	803	20 to the Agency for approval not more than once. If a producer or
804	804	21 producer responsibility organization fails to submit a needs
805	805	22 assessment proposal that meets the requirements of Section 35
806	806	23 and is approved by the Agency, the Agency shall modify the
807	807	24 needs assessment proposal to conform to the requirements and
808	808	25 provide it to a producer or producer responsibility
809	809	26 organization as the approved needs assessment scope of work to
810	810
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820	820	1 be funded. After the Agency approves the scope of the needs
821	821	2 assessment, a producer or producer responsibility organization
822	822	3 shall provide necessary data and funding for its completion.
823	823	4 (d) After the fifth program year, multiple producer
824	824	5 responsibility organizations shall be authorized to register
825	825	6 under this Act.
826	826	7 (e) A producer of covered materials who, after the
827	827	8 approval of a program plan, seeks to sell, offer for sale, or
828	828	9 distribute into the State a covered material not covered by an
829	829	10 approved program plan shall notify the Director prior to
830	830	11 selling, offering for sale, or distributing the covered
831	831	12 material in the State.
832	832	13 The Director shall list a producer who supplies notice
833	833	14 under this subsection as a new producer on the Agency's
834	834	15 website. A producer that supplies notice under this subsection
835	835	16 shall have 90 days either to join an existing producer
836	836	17 responsibility organization or to submit a program plan for
837	837	18 approval to the State.
838	838	19 Section 30. Plastics recycling technologies study.
839	839	20 (a) No later than July 1, 2025, the Prairie Research
840	840	21 Institute shall conduct and publish a study of plastic
841	841	22 recycling technologies. The study shall be designed to
842	842	23 determine which existing and emerging technologies shall be
843	843	24 eligible to meet the definition of "recycling" in Section 10.
844	844	25 The study shall include:
845	845
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855	855	1 (1) an assessment of the full life-cycle impacts of
856	856	2 various plastic-to-plastic technologies, including, but
857	857	3 not limited to, a comparison to the full life-cycle
858	858	4 impacts of mechanical recycling technologies;
859	859	5 (2) an assessment of the full life-cycle impacts of
860	860	6 the use of postconsumer recycled content compared to the
861	861	7 impacts of using virgin raw material content in the
862	862	8 manufacturing and recycling of plastic;
863	863	9 (3) a recommendation to the Board, which the Board
864	864	10 shall accept, modify, or reject within 60 days after
865	865	11 receipt, of which plastic-to-plastic recycling
866	866	12 technologies would meet the definition of "recycling" in
867	867	13 Section 10; and
868	868	14 (4) any other information required by the Advisory
869	869	15 Council.
870	870	16 (b) The Prairie Research Institute shall consult the
871	871	17 Advisory Council and each producer and producer responsibility
872	872	18 organization in completing the study.
873	873	19 (c) Producers, or a producer responsibility organization
874	874	20 acting on producers' behalf, shall pay the full cost of
875	875	21 completion of the study.
876	876	22 Section 35. Producer responsibilities; collection and
877	877	23 convenience; list of minimum recyclable materials.
878	878	24 (a) Beginning July 1, 2026, no producer shall sell at
879	879	25 retail, offer for sale at retail, distribute, or serve in this
880	880
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890	890	1 State a covered material unless the producer, or a producer
891	891	2 responsibility organization acting on the producer's behalf,
892	892	3 has a program plan approved by the Agency. A producer must
893	893	4 satisfy participation obligations either individually or
894	894	5 jointly with other producers through a producer responsibility
895	895	6 organization.
896	896	7 (b) A producer responsibility organization shall be
897	897	8 responsible for participating producers' compliance with the
898	898	9 requirements of this Act, including, but not limited to, the
899	899	10 preparation and implementation of a program plan, the
900	900	11 preparation and submission of annual audits, and annual
901	901	12 reports to the Agency.
902	902	13 (c) Producers, either individually or jointly with other
903	903	14 producers through a producer responsibility organization,
904	904	15 shall provide for the collection and processing of recyclable
905	905	16 covered materials at no cost to all covered entities in the
906	906	17 State. Collection and processing services shall be performed
907	907	18 by covered entities, service providers, or other persons who
908	908	19 are not a producer or producer responsibility organization.
909	909	20 Beginning in 2026, producers, either individually or jointly
910	910	21 with other producers through a producer responsibility
911	911	22 organization, shall provide payment to covered entities or
912	912	23 service providers for recycling expenses relating to covered
913	913	24 materials, including, but not limited to, any administrative,
914	914	25 sorting, collection, transportation, public education, or
915	915	26 processing costs. A covered entity shall be eligible for
916	916
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926	926	1 payment from producers or a producer responsibility
927	927	2 organization regardless of whether the covered entity provides
928	928	3 the services directly or through a contract with a service
929	929	4 provider.
930	930	5 (d) Producers, either individually or jointly with other
931	931	6 producers through a producer responsibility organization,
932	932	7 shall meet the following performance requirements:
933	933	8 (1) By December 31, 2030, the collective recycling
934	934	9 rate across all covered materials on the list published
935	935	10 under subsection (f) shall be no less than 45%.
936	936	11 (2) By December 31, 2035, the collective recycling
937	937	12 rate across all covered materials on the list published
938	938	13 under subsection (f) shall be no less than 50%.
939	939	14 (e) With respect to rigid plastics, each producer shall
940	940	15 achieve a postconsumer recycled content requirement of 15% by
941	941	16 2028, 25% by 2031, and 50% by 2034 in the rigid plastics it
942	942	17 produces, subject to any waiver issued under Section 100.
943	943	18 (f) No later than October 1, 2025, producers or a producer
944	944	19 responsibility organization, in consultation with the Advisory
945	945	20 Committee, shall adopt and publish a list of minimum types of
946	946	21 readily recyclable materials based on available collection and
947	947	22 processing infrastructure and recycling markets for covered
948	948	23 materials. The producers or producer responsibility
949	949	24 organization shall update and adopt the list on an annual
950	950	25 basis, in consultation with the Advisory Council, in response
951	951	26 to collection and processing improvements and changes in
952	952
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962	962	1 recycling end markets or as requested by the Advisory Council.
963	963	2 If there are multiple lists, the producer responsibility
964	964	3 organization shall compile the lists and publish the compiled
965	965	4 list to the public. A list may vary by geographic region
966	966	5 depending on regional markets and regional collection and
967	967	6 processing infrastructure.
968	968	7 In developing the list of minimum recyclable materials,
969	969	8 consideration shall be given to at least the following
970	970	9 materials: gable-top cartons, paper cups, paper food
971	971	10 packaging, mailers and envelopes, Kraft paper, corrugated
972	972	11 cardboard, chipboard, coated groundwood, groundwood paper,
973	973	12 coated paper board, paperboard boxes, pulpwood trays and
974	974	13 take-out containers, polyethylene flexible bags, polyethylene
975	975	14 wraps, polyethylene films, rigid plastics, glass bottles and
976	976	15 jars, aluminum or steel aerosol cans, aluminum or steel cans,
977	977	16 aluminum foil wrap, aluminum foil containers, other aluminum
978	978	17 containers, and steel spiral wound containers. For any
979	979	18 material that is not included in the list of minimum
980	980	19 recyclable materials for a program year, producers, either
981	981	20 individually or jointly with other producers through a
982	982	21 producer responsibility organization, shall identify the
983	983	22 method by which the material will be collected and managed and
984	984	23 implement or provide payment to another entity for a program
985	985	24 for collection of those materials by the end of the third
986	986	25 program year.
987	987	26 All covered entities or recycling service providers shall
988	988
989	989
990	990
991	991
992	992
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994	994
995	995
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997	997	HB2874 - 28 - LRB103 24787 CPF 51116 b
998	998	1 provide for the collection and recycling of all identified
999	999	2 materials contained on the list of minimum recyclables, based
1000	1000	3 on geographic regions, in order to be eligible for payment by
1001	1001	4 producers or a producer responsibility organization. However,
1002	1002	5 a covered entity or service provider shall not be penalized
1003	1003	6 for recovering and recycling materials that are generated by
1004	1004	7 the covered entity or in the geographic region that are not
1005	1005	8 included on the list of minimum types of recyclable covered
1006	1006	9 materials as long as the covered entity or service provider
1007	1007	10 can demonstrate that the materials have a market as determined
1008	1008	11 by the Advisory Council in consultation with a producer or
1009	1009	12 producer responsibility organization. Payment for recycling
1010	1010	13 services by producers, either individually or jointly with
1011	1011	14 other producers through a producer responsibility
1012	1012	15 organization, shall cover recycling of all covered materials
1013	1013	16 so long as the program includes at least the minimum
1014	1014	17 recyclable list.
1015	1015	18 (g) Producers or a producer responsibility organization
1016	1016	19 shall meet jointly with the Advisory Council at least annually
1017	1017	20 to solicit input and guidance on the program plan, annual
1018	1018	21 reports, and progress toward performance targets.
1019	1019	22 (h) No later than July 1, 2029, for covered entities that
1020	1020	23 are not provided recycling services directly by the covered
1021	1021	24 entity or through a contract with a service provider,
1022	1022	25 producers, either individually or jointly with other producers
1023	1023	26 through a producer responsibility organization, shall provide
1024	1024
1025	1025
1026	1026
1027	1027
1028	1028
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1030	1030
1031	1031
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1034	1034	1 access to curbside recycling services for all covered entities
1035	1035	2 within municipalities with a population of 1,500 or more based
1036	1036	3 on the most recent United States Census. Curbside recycling
1037	1037	4 services provided under this subsection shall be offered no
1038	1038	5 less frequently than every 2 weeks. In all municipalities with
1039	1039	6 a population less than 1,500, a producer or producer
1040	1040	7 responsibility organization shall provide covered entities
1041	1041	8 with at least one drop-off location for recyclable covered
1042	1042	9 materials that is located within 15 miles of the municipal
1043	1043	10 boundary.
1044	1044	11 (i) Curbside recycling and drop-off recycling programs
1045	1045	12 that a covered entity has in operation on or before the
1046	1046	13 effective date of this Act, whether provided directly or
1047	1047	14 through a contract with a service provider, may continue, with
1048	1048	15 no changes in collection frequency, unless approved by the
1049	1049	16 covered entity, at the sole discretion of the covered entity,
1050	1050	17 during any or all program years. Producers, either
1051	1051	18 individually or jointly with other producers through a
1052	1052	19 producer responsibility organization, shall make payment to
1053	1053	20 the covered entity or the service provider for the services.
1054	1054	21 This Section does not prevent a covered entity that does
1055	1055	22 not have a curbside recycling or drop-off recycling program in
1056	1056	23 operation on or before the effective date of this Act from
1057	1057	24 using its authority to franchise recycling services after the
1058	1058	25 effective date of this Act and to be eligible for payment for
1059	1059	26 recycling services by producers, either individually or
1060	1060
1061	1061
1062	1062
1063	1063
1064	1064
1065	1065	HB2874 - 29 - LRB103 24787 CPF 51116 b
1066	1066
1067	1067
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1069	1069	HB2874 - 30 - LRB103 24787 CPF 51116 b
1070	1070	1 jointly with other producers through a producer responsibility
1071	1071	2 organization, in accordance with this Act.
1072	1072	3 (j) Costs to expand or upgrade recycling services are
1073	1073	4 eligible for payment from producers or a producer
1074	1074	5 responsibility organization.
1075	1075	6 (k) If a covered entity does not have recycling services
1076	1076	7 provided directly or through a contract with a service
1077	1077	8 provider during any program year, producers, either
1078	1078	9 individually or jointly with other producers through a
1079	1079	10 producer responsibility organization, shall secure one or more
1080	1080	11 contracts for services with at least one service provider to
1081	1081	12 meet the access requirements under this Act and shall make
1082	1082	13 payment to the service provider for the services.
1083	1083	14 (l) Payments by producers or a producer responsibility
1084	1084	15 organization shall be made within 30 days after a request for
1085	1085	16 payment from the covered entity or service provider, which
1086	1086	17 shall be submitted by the covered entity or service provider
1087	1087	18 no more frequently than monthly.
1088	1088	19 (m) Recipients of payments under this Section shall
1089	1089	20 maintain documentation of applicable costs associated with any
1090	1090	21 payment. The documentation shall be made available to a
1091	1091	22 producer or producer responsibility organization that provided
1092	1092	23 payment upon request.
1093	1093	24 Section 40. Statewide needs assessment.
1094	1094	25 (a) On or before July 1, 2025, the Prairie Research
1095	1095
1096	1096
1097	1097
1098	1098
1099	1099
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1101	1101
1102	1102
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1104	1104	HB2874 - 31 - LRB103 24787 CPF 51116 b
1105	1105	1 Institute shall conduct a statewide needs assessment to assess
1106	1106	2 recycling and covered materials management needs in the State
1107	1107	3 and shall submit the results to the Agency for the Agency's
1108	1108	4 review and approval. The needs assessment shall be funded by
1109	1109	5 all producers either individually or jointly through a
1110	1110	6 producer responsibility organization. The needs assessment
1111	1111	7 shall identify current conditions and an evaluation of the
1112	1112	8 capacity, costs, gaps, and needs associated with recycling and
1113	1113	9 the diversion of packaging and paper products. The needs
1114	1114	10 assessment shall address, at a minimum, the following factors:
1115	1115	11 (1) the quantity, by weight and type, of covered
1116	1116	12 materials sold at retail, distributed, or served to
1117	1117	13 consumers in the State by producers by material type and
1118	1118	14 format, with data provided by producers either
1119	1119	15 individually or jointly through a producer responsibility
1120	1120	16 organization;
1121	1121	17 (2) current operational and capital funding
1122	1122	18 limitations impacting reuse, recycling, and composting
1123	1123	19 access and availability for covered materials throughout
1124	1124	20 the State;
1125	1125	21 (3) existing federal and State statutory provisions
1126	1126	22 and public and private funding sources for the reduction,
1127	1127	23 reuse, recycling, and composting of covered materials;
1128	1128	24 (4) current collection systems and costs for covered
1129	1129	25 materials in the State for reuse, recycling, composting,
1130	1130	26 and disposal;
1131	1131
1132	1132
1133	1133
1134	1134
1135	1135
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1137	1137
1138	1138
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1140	1140	HB2874 - 32 - LRB103 24787 CPF 51116 b
1141	1141	1 (5) the processing capacity and infrastructure for
1142	1142	2 reusable, recyclable, and compostable covered materials in
1143	1143	3 the State and regionally and the necessary capital
1144	1144	4 investments to existing and future reuse, recycling, and
1145	1145	5 composting infrastructure for covered materials;
1146	1146	6 (6) collection and processing system needs to meet any
1147	1147	7 access requirements under this Act on a county-by-county
1148	1148	8 basis for all counties in the State and the estimated
1149	1149	9 costs to meet the access requirements;
1150	1150	10 (7) the market conditions and opportunities for
1151	1151	11 reusable, recyclable, and compostable materials in the
1152	1152	12 State and regionally;
1153	1153	13 (8) multilingual public education needs for the
1154	1154	14 reduction, reuse, recycling, and composting of covered
1155	1155	15 materials, including, but not limited to, a scientific
1156	1156	16 survey of current awareness among residents of this State
1157	1157	17 of proper end-of-life management for covered materials and
1158	1158	18 the needs associated with the reduction of contamination
1159	1159	19 rates at MRFs in the State;
1160	1160	20 (9) current system-wide costs for the collection,
1161	1161	21 reuse, recycling, and composting of covered materials and
1162	1162	22 any estimated additional costs to meet all targets
1163	1163	23 established under this Act;
1164	1164	24 (10) current reuse, recycling, and composting rates
1165	1165	25 for covered materials in the State by material type; and
1166	1166	26 (11) an assessment of environmental justice and
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171
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1173	1173
1174	1174
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1177	1177	1 recycling equity in the State, including, but not limited
1178	1178	2 to:
1179	1179	3 (A) an evaluation of current access to and the
1180	1180	4 performance of curbside and drop-off recycling
1181	1181	5 programs in units of local government designated as
1182	1182	6 environmental justice areas;
1183	1183	7 (B) a comparison of the location of MRFs and
1184	1184	8 transfer stations in units of local government that
1185	1185	9 have been designated as environmental justice areas
1186	1186	10 with units of local government that are not so
1187	1187	11 designated, and recommendations for proposed site
1188	1188	12 location standards for locating new MRFs that may be
1189	1189	13 required to implement this Act;
1190	1190	14 (C) an evaluation of worker conditions, wages, and
1191	1191	15 benefits at MRFs;
1192	1192	16 (D) the availability of opportunities in the
1193	1193	17 recycling system for women and minority individuals;
1194	1194	18 (E) the availability of opportunities in the
1195	1195	19 recycling system for small businesses in the State;
1196	1196	20 and
1197	1197	21 (F) recommendations for improving equity and
1198	1198	22 equitable outcomes for underserved populations in the
1199	1199	23 State's recycling system, including, but not limited
1200	1200	24 to, recommendations for new responsibilities of
1201	1201	25 producers either individually or jointly through a
1202	1202	26 producer responsibility organization and
1203	1203
1204	1204
1205	1205
1206	1206
1207	1207
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1209	1209
1210	1210
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1213	1213	1 recommendations for funding the new responsibilities.
1214	1214	2 (b) On or before May 15, 2025, the Prairie Research
1215	1215	3 Institute shall provide the completed needs assessment to the
1216	1216	4 Advisory Council, producers, and any producer responsibility
1217	1217	5 organization registered with the Agency. The Advisory Council,
1218	1218	6 producers, and producer responsibility organization shall
1219	1219	7 provide written comments to the Prairie Research Institute
1220	1220	8 within 30 days after receipt of the needs assessment. The
1221	1221	9 Prairie Research Institute shall include an assessment of
1222	1222	10 comments received in the completed needs assessment submitted
1223	1223	11 to the Agency and shall provide a summary and an analysis of
1224	1224	12 any issues raised by the Advisory Council, producers, or
1225	1225	13 producer responsibility organization and significant changes
1226	1226	14 suggested by any such comments, a statement of the reasons why
1227	1227	15 any significant changes were not incorporated into the results
1228	1228	16 of the study, and a description of any changes made to the
1229	1229	17 results of the needs assessment as a result of such comments.
1230	1230	18 (c) No later than 90 days after the date the Agency
1231	1231	19 receives the results of the study, the Agency shall notify the
1232	1232	20 Prairie Research Institute of any deficiencies in the study.
1233	1233	21 No later than 60 days after receiving this notice from the
1234	1234	22 Agency, the Prairie Research Institute shall provide
1235	1235	23 additional information, modification, or corrections in
1236	1236	24 response to the Agency's notification, if applicable.
1237	1237	25 (d) Any proposed activities or recommendations from the
1238	1238	26 study shall be evaluated by the Agency for progress and shall
1239	1239
1240	1240
1241	1241
1242	1242
1243	1243
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1245	1245
1246	1246
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1249	1249	1 be taken into consideration when approving or disapproving a
1250	1250	2 program plan.
1251	1251	3 Section 45. Producer responsibility program plan.
1252	1252	4 (a) No later than January 1, 2026, producers, either
1253	1253	5 individually or jointly with other producers through a
1254	1254	6 producer responsibility organization, shall submit a program
1255	1255	7 plan to the Agency. The program plan shall cover a period of 5
1256	1256	8 years and shall be reviewed by the Advisory Council prior to
1257	1257	9 submission to the Agency. A producer or producer
1258	1258	10 responsibility organization must thereafter submit a new or
1259	1259	11 updated program plan no less than every 5 years. The Agency
1260	1260	12 shall have the discretion to require a producer or producer
1261	1261	13 responsibility organization to review or revise a plan at any
1262	1262	14 time prior to the 5-year period for good cause, including, but
1263	1263	15 not limited to, by recommendation of the Advisory Council. The
1264	1264	16 Agency shall publish the approved program plan on its website.
1265	1265	17 A program plan shall include, but shall not be limited to, at a
1266	1266	18 minimum:
1267	1267	19 (1) the name and contact information of the producer
1268	1268	20 or producers covered under the plan, and of any producer
1269	1269	21 responsibility organization acting on their behalf;
1270	1270	22 (2) a list of the covered materials for which a
1271	1271	23 producer or producer responsibility organization is
1272	1272	24 responsible and which of the materials is included in the
1273	1273	25 minimum recyclable materials list submitted under Section
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278
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1280	1280
1281	1281
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1283	1283	HB2874 - 36 - LRB103 24787 CPF 51116 b
1284	1284	1 35;
1285	1285	2 (3) a funding mechanism that allocates the costs to
1286	1286	3 the producers to meet the requirements of this Act,
1287	1287	4 including, but not limited to, adjustments to the fee
1288	1288	5 schedule for participating producers based on the factors
1289	1289	6 established under subsection (a) of Section 40;
1290	1290	7 (4) a description of how a producer or producer
1291	1291	8 responsibility organization plans to meet the access
1292	1292	9 requirements set forth in this Act, including, but not
1293	1293	10 limited to, a description on a county-by-county basis of
1294	1294	11 the curbside recycling and drop-off recycling programs for
1295	1295	12 covered entities that are proposed to be used, including,
1296	1296	13 but not limited to, those that currently exist, any
1297	1297	14 additional sites that will be developed and operated, and
1298	1298	15 a timetable for phasing in the new curbside recycling and
1299	1299	16 drop-off recycling programs to meet the requirements of
1300	1300	17 this Act; this shall also include a designation of the
1301	1301	18 recycling programs that are eligible for payment by a
1302	1302	19 producer or producer responsibility organization and those
1303	1303	20 that are the responsibility of a producer or a producer
1304	1304	21 responsibility organization to implement and directly fund
1305	1305	22 under this Act;
1306	1306	23 (5) a description of the process for covered entities
1307	1307	24 to receive payment for recycling costs at a reasonable
1308	1308	25 rate;
1309	1309	26 (6) a description of how a producer or producer
1310	1310
1311	1311
1312	1312
1313	1313
1314	1314
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1316	1316
1317	1317
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1319	1319	HB2874 - 37 - LRB103 24787 CPF 51116 b
1320	1320	1 responsibility organization will procure curbside
1321	1321	2 recycling or drop-off recycling services for covered
1322	1322	3 entities who do not provide services directly or through a
1323	1323	4 contract with a service provider;
1324	1324	5 (7) a description of how a producer or producer
1325	1325	6 responsibility organization will prioritize and work with
1326	1326	7 existing public and private service providers, including,
1327	1327	8 but not limited to, haulers, MRFs, transfer stations, and
1328	1328	9 covered entities to provide for collection and processing
1329	1329	10 of recyclable covered materials throughout the State from
1330	1330	11 covered entities;
1331	1331	12 (8) proposed reuse and recycling rates and a
1332	1332	13 description of how a producer or producer responsibility
1333	1333	14 organization will meet or exceed these targets; the
1334	1334	15 minimum recycling rates shall be varied for each covered
1335	1335	16 material type and format and shall not be set lower than
1336	1336	17 the minimum recycling rates established under this Act in
1337	1337	18 aggregate for all covered materials; this shall include:
1338	1338	19 (A) targets and mechanisms to achieve reductions
1339	1339	20 in emissions affecting land, air, and water and source
1340	1340	21 reduction of single-use packaging or products; and
1341	1341	22 (B) provisions and targets for transitioning from
1342	1342	23 single-use packaging or products to reusable or
1343	1343	24 refillable alternatives and recovery for reuse; and
1344	1344	25 (9) proposed minimum postconsumer recycled material
1345	1345	26 content for each covered material produced and a
1346	1346
1347	1347
1348	1348
1349	1349
1350	1350
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1352	1352
1353	1353
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1356	1356	1 description of how producers will meet or exceed these
1357	1357	2 targets; the minimum rates shall be varied for each
1358	1358	3 covered material type and format and shall not be set
1359	1359	4 lower than the minimum rates established under this Act
1360	1360	5 for rigid plastics;
1361	1361	6 (10) proposed waste prevention rates for covered
1362	1362	7 materials, based on an assessment of the amount of covered
1363	1363	8 materials, in tons, put into the Illinois marketplace in
1364	1364	9 program year 2026;
1365	1365	10 (11) for a producer responsibility organization, a
1366	1366	11 description of how the producer responsibility
1367	1367	12 organization will provide technical assistance to
1368	1368	13 participating producers to assist with the reduction of
1369	1369	14 covered materials through product design, systems for
1370	1370	15 reusable packaging, and program innovations, including,
1371	1371	16 but not limited to, a description of how participating
1372	1372	17 producers will minimize environmental and health impacts
1373	1373	18 of covered materials;
1374	1374	19 (12) a description of a public education program
1375	1375	20 conducted under Section 80;
1376	1376	21 (13) a description of the process for end-of-life
1377	1377	22 management of all covered materials, including, but not
1378	1378	23 limited to, the recycling and disposal of residuals
1379	1379	24 collected for recycling in compliance with environmental
1380	1380	25 laws, rules, and regulations;
1381	1381	26 (14) for a producer responsibility organization, a
1382	1382
1383	1383
1384	1384
1385	1385
1386	1386
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1388	1388
1389	1389
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1391	1391	HB2874 - 39 - LRB103 24787 CPF 51116 b
1392	1392	1 description of how the producer responsibility
1393	1393	2 organization will facilitate opportunities to purchase
1394	1394	3 recycled materials from MRFs on behalf of producer members
1395	1395	4 interested in obtaining recycled feedstock in order to
1396	1396	5 achieve postconsumer recycled content objectives;
1397	1397	6 (15) for a producer responsibility organization, a
1398	1398	7 description of how the producer responsibility
1399	1399	8 organization will invest in existing and future reuse and
1400	1400	9 recycling infrastructure and market development in the
1401	1401	10 State, including, but not limited to, (i) installing or
1402	1402	11 upgrading equipment to improve the sorting of covered
1403	1403	12 materials or mitigating the impacts of covered materials
1404	1404	13 to other commodities at existing sorting and processing
1405	1405	14 facilities, (ii) capital expenditures for new technology,
1406	1406	15 equipment, and facilities in alignment with the results of
1407	1407	16 the statewide needs assessment, and (iii) how such
1408	1408	17 investments in future recycling infrastructure will
1409	1409	18 address concerns about environmental justice;
1410	1410	19 (16) descriptions of waste prevention and reuse and
1411	1411	20 composting infrastructure and education programs under
1412	1412	21 Section 60, including, but not limited to, the process by
1413	1413	22 which entities in the State may apply for grants or loans
1414	1414	23 from the programs;
1415	1415	24 (17) a process to address concerns and questions from
1416	1416	25 covered entities and residents of the State;
1417	1417	26 (18) a description of how the producer or producer
1418	1418
1419	1419
1420	1420
1421	1421
1422	1422
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1424	1424
1425	1425
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1427	1427	HB2874 - 40 - LRB103 24787 CPF 51116 b
1428	1428	1 responsibility organization intends to address all other
1429	1429	2 needs and recommendations identified in the statewide
1430	1430	3 needs assessment; and
1431	1431	4 (19) a detailed description of how the producer or
1432	1432	5 producer responsibility organization consulted with the
1433	1433	6 Advisory Council in the development of the plan prior to
1434	1434	7 its submission to the Agency and to what extent a producer
1435	1435	8 or producer responsibility organization specifically
1436	1436	9 incorporated the Advisory Council's input into the plan.
1437	1437	10 (b) A producer or producer responsibility organization
1438	1438	11 shall provide the completed program plan to the Advisory
1439	1439	12 Council on or before October 15, 2025 for the Advisory
1440	1440	13 Council's review and comment. The Advisory Council shall
1441	1441	14 provide written comments to the producer or producer
1442	1442	15 responsibility organization within 60 days of receipt. A
1443	1443	16 producer or producer responsibility organization shall include
1444	1444	17 in the completed program plan:
1445	1445	18 (1) an assessment of comments received;
1446	1446	19 (2) a summary and an analysis of the issues raised by
1447	1447	20 the Advisory Council;
1448	1448	21 (3) any significant changes suggested by any comments
1449	1449	22 received by the producer or producer responsibility
1450	1450	23 organization;
1451	1451	24 (4) a statement of the reasons why any significant
1452	1452	25 changes were not incorporated into the plan; and
1453	1453	26 (5) a description of any changes made to the plan as a
1454	1454
1455	1455
1456	1456
1457	1457
1458	1458
1459	1459	HB2874 - 40 - LRB103 24787 CPF 51116 b
1460	1460
1461	1461
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1463	1463	HB2874 - 41 - LRB103 24787 CPF 51116 b
1464	1464	1 result of the comments described under paragraph (3).
1465	1465	2 (c) Beginning in the fifth program year, if multiple
1466	1466	3 producer responsibility organizations register in accordance
1467	1467	4 with the requirements of this Act, the producer responsibility
1468	1468	5 organizations shall coordinate and submit to the Agency one
1469	1469	6 program plan. Producer responsibility organizations may form a
1470	1470	7 third-party entity to implement the requirements of this Act
1471	1471	8 for all producers and producer responsibility organizations.
1472	1472	9 Section 50. Funding mechanism; payments by producer
1473	1473	10 responsibility organizations.
1474	1474	11 (a) A producer responsibility organization implementing a
1475	1475	12 program plan on behalf of producers must develop a system to
1476	1476	13 collect dues from participating producers to cover the costs
1477	1477	14 of implementing the program plan. At a minimum, dues shall be
1478	1478	15 variable based on:
1479	1479	16 (1) costs to provide collection for recycling that
1480	1480	17 meets the requirements of this Act;
1481	1481	18 (2) costs to process a producer's covered materials
1482	1482	19 for acceptance by secondary material markets for use in
1483	1483	20 manufacturing processes;
1484	1484	21 (3) whether the covered material or product is readily
1485	1485	22 recyclable;
1486	1486	23 (4) whether the covered material or product is
1487	1487	24 specifically designed to be reusable and has a high reuse
1488	1488	25 rate; and
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493
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1495	1495
1496	1496
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1498	1498	HB2874 - 42 - LRB103 24787 CPF 51116 b
1499	1499	1 (5) the commodity value of a covered material or
1500	1500	2 product.
1501	1501	3 (b) The dues shall be adjusted to incentivize the
1502	1502	4 following outcomes in the following order of importance:
1503	1503	5 (1) improving reusability, recyclability, and
1504	1504	6 compostability;
1505	1505	7 (2) reducing environmental impacts across the life
1506	1506	8 cycle of a product;
1507	1507	9 (3) incorporating sustainably and renewably sourced
1508	1508	10 material;
1509	1509	11 (4) eliminating toxic substances;
1510	1510	12 (5) incorporating postconsumer recycled content;
1511	1511	13 (6) optimizing packaging to use the minimum quantity
1512	1512	14 of material necessary to effectively deliver a product
1513	1513	15 without damage or spoilage; and
1514	1514	16 (7) preventing litter.
1515	1515	17 (c) Dues required under this Section shall be increased
1516	1516	18 for covered materials that contaminate composting or recycling
1517	1517	19 systems in the State, are a common source of litter, or may be
1518	1518	20 managed only through disposal.
1519	1519	21 (d) No dues are required for reusable containers or
1520	1520	22 materials if (i) they are designed to be reused for their
1521	1521	23 original purpose and a producer provides a program for the
1522	1522	24 consumer to reuse the covered material through which the
1523	1523	25 covered material is collected and reused by a producer or
1524	1524	26 similar producers and (ii) those programs meet or exceed any
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529
1530	1530	HB2874 - 42 - LRB103 24787 CPF 51116 b
1531	1531
1532	1532
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1534	1534	HB2874 - 43 - LRB103 24787 CPF 51116 b
1535	1535	1 recycling or reuse targets set forth in this Act and in the
1536	1536	2 program plan.
1537	1537	3 (e) Small producers shall be provided an optional tiered
1538	1538	4 flat fee structure based on annual tons of covered materials
1539	1539	5 sold, distributed, or served to consumers in the State.
1540	1540	6 (f) In order to facilitate the dues collection system
1541	1541	7 under this Section, individual retailers shall be responsible
1542	1542	8 for providing necessary data upon request to producers, either
1543	1543	9 individually or jointly with other producers through a
1544	1544	10 producer responsibility organization, detailing the types,
1545	1545	11 amounts, and manufacturers of packaging for products
1546	1546	12 distributed and sold to consumers in the State that are
1547	1547	13 manufactured on behalf of a retailer and sold under the
1548	1548	14 retailer's brand or licensed or trademarked by a retailer.
1549	1549	15 (g) Producers, either individually or jointly with other
1550	1550	16 producers through a producer responsibility organization,
1551	1551	17 shall be responsible for disbursing funding to participating
1552	1552	18 covered entities and recycling service providers for purposes
1553	1553	19 of this Act, including, but not limited to, the collection,
1554	1554	20 transport, processing, and marketing of covered materials,
1555	1555	21 whether or not those services are provided directly by a
1556	1556	22 covered entity or through a contracted service provider.
1557	1557	23 (h) For covered materials collected, transported,
1558	1558	24 processed, or marketed by a covered entity directly or through
1559	1559	25 a contract with a service provider, the covered entity may
1560	1560	26 choose to:
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
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1567	1567
1568	1568
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1571	1571	1 (1) continue providing the service without payment;
1572	1572	2 (2) continue providing the service with payment at a
1573	1573	3 reasonable rate; or
1574	1574	4 (3) establish a recycling service by accepting a
1575	1575	5 contract for services procured by a producer or producer
1576	1576	6 responsibility organization.
1577	1577	7 (i) If a covered entity does not choose to provide
1578	1578	8 recycling service in a program year, producers, either
1579	1579	9 individually or jointly with other producers through a
1580	1580	10 producer responsibility organization, shall make a good faith
1581	1581	11 effort to offer to operate and administer a program on the
1582	1582	12 covered entity's behalf. If the covered entity does not accept
1583	1583	13 the offer, a producer or producer responsibility organization
1584	1584	14 shall not be responsible for providing recycling service to
1585	1585	15 the covered entity for that program year. A covered entity
1586	1586	16 shall have the option to provide or receive recycling service
1587	1587	17 in any program year under the provisions of this Act. A service
1588	1588	18 provider who is contracted by a producer or producer
1589	1589	19 responsibility organization must secure any operating
1590	1590	20 approvals that are required by the unit of local government.
1591	1591	21 Section 55. Disposal costs. A program plan developed
1592	1592	22 pursuant to this Act shall not include costs for covered
1593	1593	23 materials collected and managed for disposal, but shall
1594	1594	24 include materials collected and disposed of from a MRF
1595	1595	25 processing covered materials for recycling.
1596	1596
1597	1597
1598	1598
1599	1599
1600	1600
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1602	1602
1603	1603
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1606	1606	1 Section 60. Waste prevention and reuse program; composting
1607	1607	2 infrastructure and education program.
1608	1608	3 (a) Each producer, individually or collectively through a
1609	1609	4 producer responsibility organization, shall establish a waste
1610	1610	5 prevention and reuse program to reduce the environmental
1611	1611	6 impacts of covered materials through means other than
1612	1612	7 recovery, including, but not limited to, waste prevention and
1613	1613	8 reuse. A producer or producer responsibility organization
1614	1614	9 shall enter into agreements with public or private entities to
1615	1615	10 establish the program, which shall include, but shall not be
1616	1616	11 limited to, offering grants or loans in order to reduce the
1617	1617	12 environmental impacts of covered materials.
1618	1618	13 To fund activities under the waste prevention and reuse
1619	1619	14 program, each producer, individually or collectively through a
1620	1620	15 producer responsibility organization, shall establish and
1621	1621	16 maintain a waste prevention and reuse fund. Amounts deposited
1622	1622	17 into the fund by a producer or producer responsibility
1623	1623	18 organization shall be at least 2.5% of the producer's or
1624	1624	19 producer responsibility organization's total expenditures
1625	1625	20 under the program plan or $10,000,000, whichever is less.
1626	1626	21 Deposits to the fund beginning in the sixth year of program
1627	1627	22 implementation and every year thereafter will be no less than
1628	1628	23 was deposited in the fifth year. Upper limits on expenditures
1629	1629	24 do not apply to renewed or updated program plans for which a
1630	1630	25 program has already been in place for 5 or more years.
1631	1631
1632	1632
1633	1633
1634	1634
1635	1635
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1637	1637
1638	1638
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1641	1641	1 (b) Each producer, individually or collectively through a
1642	1642	2 producer responsibility organization, shall establish and
1643	1643	3 maintain a composting infrastructure and education program to
1644	1644	4 assist in improving the recovery of compostable packaging and
1645	1645	5 the education of persons participating in collection programs
1646	1646	6 that accept compostable packaging. A producer or producer
1647	1647	7 responsibility organization shall enter into agreements with
1648	1648	8 public or private entities to establish the composting
1649	1649	9 infrastructure and education program, which shall include, but
1650	1650	10 is not limited to, offering grants or loans in order to reduce
1651	1651	11 the environmental impacts of covered materials.
1652	1652	12 To fund activities under the composting infrastructure and
1653	1653	13 education program, each producer, individually or collectively
1654	1654	14 through a producer responsibility organization, shall
1655	1655	15 establish and maintain a composting infrastructure and
1656	1656	16 education fund. Amounts deposited into the composting
1657	1657	17 infrastructure and education fund by a producer or producer
1658	1658	18 responsibility organization shall be at least 2.5% of total
1659	1659	19 expenditure under the program plans or $10,000,000, whichever
1660	1660	20 is less. Deposits to the composting infrastructure and
1661	1661	21 education fund beginning in the sixth program year and every
1662	1662	22 program year thereafter shall be no less than was deposited in
1663	1663	23 the fifth program year. Upper limits on expenditures do not
1664	1664	24 apply to renewed or updated program plans for which a program
1665	1665	25 has already been in place for 5 or more years.
1666	1666	26 (c) In offering grants or loans for programs under this
1667	1667
1668	1668
1669	1669
1670	1670
1671	1671
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1673	1673
1674	1674
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1677	1677	1 Section, a producer or producer responsibility organization
1678	1678	2 must consider criteria that include, but are not limited to,
1679	1679	3 the following:
1680	1680	4 (1) the environmental benefits of the program;
1681	1681	5 (2) the human health benefits of the program;
1682	1682	6 (3) the social and economic benefits of the program;
1683	1683	7 (4) the cost-effectiveness of the program;
1684	1684	8 (5) the needs of economically distressed or
1685	1685	9 underserved communities;
1686	1686	10 (6) the results of the statewide needs assessment; and
1687	1687	11 (7) the inclusion of responsible end markets for any
1688	1688	12 collected compostable material.
1689	1689	13 Section 65. Funding stipulations; Agency expenses.
1690	1690	14 (a) Any funds collected under this Act shall not be used to
1691	1691	15 carry out lobbying activities on behalf of a producer or
1692	1692	16 producer responsibility organization.
1693	1693	17 (b) No retailer may charge a point-of-sale fee or other
1694	1694	18 fee to consumers to facilitate a producer recouping the costs
1695	1695	19 associated with meeting the producer's obligations under this
1696	1696	20 Act.
1697	1697	21 (c) Nothing in this Act requires a covered entity to
1698	1698	22 participate in a producer responsibility organization.
1699	1699	23 (d) A producer or producer responsibility organization
1700	1700	24 shall not use the funds collected under this Act to pay a civil
1701	1701	25 penalty from the enforcement of this Act or to pay costs
1702	1702
1703	1703
1704	1704
1705	1705
1706	1706
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1708	1708
1709	1709
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1711	1711	HB2874 - 48 - LRB103 24787 CPF 51116 b
1712	1712	1 associated with litigation between a producer or producer
1713	1713	2 responsibility organization and the State.
1714	1714	3 (e) Not later than January 1, 2024 and annually
1715	1715	4 thereafter, producers, either individually or jointly with
1716	1716	5 other producers through a producer responsibility
1717	1717	6 organization, shall collectively pay the Agency $400,000 per
1718	1718	7 year to administer the program plans established under this
1719	1719	8 Act.
1720	1720	9 Section 70. Program plan approval.
1721	1721	10 (a) Before approval or rejection of a program plan can be
1722	1722	11 made in accordance with this Act, a producer or producer
1723	1723	12 responsibility organization shall submit the plan to the
1724	1724	13 Advisory Council for review and input as outlined in this Act.
1725	1725	14 (b) No later than 90 days after a producer or producer
1726	1726	15 responsibility organization submits a program plan to the
1727	1727	16 Agency, the Agency shall approve the program plan as submitted
1728	1728	17 or deny the program plan, with reasons for the denial. The
1729	1729	18 Agency shall consider the following in deciding whether to
1730	1730	19 approve a plan:
1731	1731	20 (1) whether the plan contains all elements required
1732	1732	21 under this Act; and
1733	1733	22 (2) whether the producer or producer responsibility
1734	1734	23 organization has undertaken the required consultation with
1735	1735	24 the Advisory Council, has provided an opportunity for the
1736	1736	25 Advisory Council's input on the plan prior to submission
1737	1737
1738	1738
1739	1739
1740	1740
1741	1741
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1743	1743
1744	1744
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1747	1747	1 of the plan to the Agency, and has thoroughly described
1748	1748	2 how the Advisory Council's input has been addressed by and
1749	1749	3 incorporated into the plan.
1750	1750	4 (c) No later than 3 months after the date a program plan is
1751	1751	5 approved, the producer or producer responsibility organization
1752	1752	6 shall implement the approved program plan. If the first
1753	1753	7 program plan is not approved by the Agency on or before July 1,
1754	1754	8 2026, the producer or producer responsibility organization
1755	1755	9 shall implement the plan as submitted until the plan is
1756	1756	10 approved by the Agency.
1757	1757	11 Section 75. Alternative collection programs.
1758	1758	12 (a) Producers, either individually or jointly with other
1759	1759	13 producers through a producer responsibility organization, may
1760	1760	14 develop and operate an alternative collection program to
1761	1761	15 collect and manage a type or types of covered materials sold,
1762	1762	16 offered for sale, distributed, or served to consumers in the
1763	1763	17 State that are not on the minimum recyclable materials list
1764	1764	18 created under Section 35. A producer that manages a type of
1765	1765	19 packaging material under an approved alternative collection
1766	1766	20 program through reuse, recycling, or composting may wholly or
1767	1767	21 partially offset the producer's payment obligations under the
1768	1768	22 packaging stewardship program with respect to that same type
1769	1769	23 of packaging material only.
1770	1770	24 (b) A producer or producer responsibility organization
1771	1771	25 seeking to implement an alternative collection program shall
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776
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1778	1778
1779	1779
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1781	1781	HB2874 - 50 - LRB103 24787 CPF 51116 b
1782	1782	1 submit a program plan for the alternative program in
1783	1783	2 accordance with Section 45. The Agency shall review and
1784	1784	3 approve or deny the program plan for the alternative program
1785	1785	4 in accordance with Section 70.
1786	1786	5 (c) A producer or producer responsibility organization
1787	1787	6 operating an alternative collection program shall report
1788	1788	7 annually to the Agency on the status of the program in
1789	1789	8 accordance with the requirements for annual program plan
1790	1790	9 reports described in Section 85.
1791	1791	10 Section 80. Outreach and education; producer
1792	1792	11 responsibility website.
1793	1793	12 (a) Each producer, individually or collectively through a
1794	1794	13 producer responsibility organization, shall provide effective
1795	1795	14 outreach, education, and communications resources about the
1796	1796	15 program that can be used by retailers, collectors, government
1797	1797	16 agencies, nonprofit organizations, and other entities
1798	1798	17 regarding:
1799	1799	18 (1) proper end-of-life management of covered
1800	1800	19 materials;
1801	1801	20 (2) the location and availability of curbside
1802	1802	21 recycling and drop-off collection opportunities;
1803	1803	22 (3) how to reduce waste, access reuse programs, and
1804	1804	23 prevent litter of covered materials; and
1805	1805	24 (4) recycling instructions that are (i) consistent
1806	1806	25 statewide, except as necessary to take into account
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811
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1813	1813
1814	1814
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1816	1816	HB2874 - 51 - LRB103 24787 CPF 51116 b
1817	1817	1 differences among local laws and processing capabilities,
1818	1818	2 (ii) easy to understand, and (iii) easily accessible.
1819	1819	3 (b) Producers, either individually or jointly through a
1820	1820	4 producer responsibility organization, shall collectively
1821	1821	5 initially allocate a minimum of $0.50 per resident of the
1822	1822	6 State annually to be spent on education and outreach. The
1823	1823	7 amount shall be increased pursuant to subdivision (g) if
1824	1824	8 performance targets are not met. Counties, municipal joint
1825	1825	9 action agencies, or cities with a population greater than
1826	1826	10 1,000,000 may choose to receive up to 50% of the allocated
1827	1827	11 funding per resident within their jurisdiction annually from
1828	1828	12 producers or a producer responsibility organization to be
1829	1829	13 spent on education and outreach about the program within the
1830	1830	14 county, municipal joint action agency, or city. Where funding
1831	1831	15 is provided to counties or municipal joint action agencies,
1832	1832	16 they must collaborate with covered entities within their
1833	1833	17 jurisdiction and producers or a producer responsibility
1834	1834	18 organization to develop an overall education plan.
1835	1835	19 (c) Producers, either individually or jointly with other
1836	1836	20 producers through a producer responsibility organization,
1837	1837	21 shall undertake direct outreach, education, and communications
1838	1838	22 that are designed to assist in attaining or exceeding recovery
1839	1839	23 and recycling rates under this Act using any funds available
1840	1840	24 after funding is distributed to municipal joint action
1841	1841	25 agencies and county governments. A producer or producer
1842	1842	26 responsibility organization may choose to dedicate additional
1843	1843
1844	1844
1845	1845
1846	1846
1847	1847
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1849	1849
1850	1850
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1852	1852	HB2874 - 52 - LRB103 24787 CPF 51116 b
1853	1853	1 funding to outreach efforts.
1854	1854	2 (d) The outreach and education required under this Section
1855	1855	3 shall:
1856	1856	4 (1) be designed to achieve the management goals of
1857	1857	5 covered materials under this Act, including, but not
1858	1858	6 limited to, the prevention of contamination of covered
1859	1859	7 materials;
1860	1860	8 (2) incorporate, at a minimum, electronic, print,
1861	1861	9 web-based, social media, and community-based social
1862	1862	10 marketing elements;
1863	1863	11 (3) use consistent and easy to understand messaging
1864	1864	12 and education statewide that is adapted for the diverse
1865	1865	13 communities of the State, with the aim of reducing
1866	1866	14 resident confusion regarding the recyclability and
1867	1867	15 end-of-life management options available for different
1868	1868	16 covered materials;
1869	1869	17 (4) be conceptually, linguistically, and culturally
1870	1870	18 accurate for the communities served and reach the State's
1871	1871	19 diverse ethnic populations, including, but not limited to,
1872	1872	20 through meaningful consultation with communities that bear
1873	1873	21 disproportionately higher levels of adverse environmental
1874	1874	22 and social justice impacts;
1875	1875	23 (5) include, at a minimum:
1876	1876	24 (A) consulting on education, outreach, and
1877	1877	25 communications with units of local government and
1878	1878	26 other stakeholders;
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883
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1885	1885
1886	1886
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1889	1889	1 (B) coordinating with and assisting local
1890	1890	2 municipal programs, municipal contracted programs,
1891	1891	3 solid waste collection companies, and other entities
1892	1892	4 providing services; and
1893	1893	5 (C) developing and providing outreach and
1894	1894	6 education to the diverse ethnic populations in the
1895	1895	7 State; and
1896	1896	8 (6) include a plan to work with participating
1897	1897	9 producers to use labels or markings on covered materials
1898	1898	10 to educate consumers about their proper end-of-life
1899	1899	11 management, including, but not limited to, a plan for how
1900	1900	12 labeling will improve over time and a plan for the
1901	1901	13 creation of consistent labeling standards.
1902	1902	14 (e) Producers, either individually or jointly with other
1903	1903	15 producers through a producer responsibility organization,
1904	1904	16 shall maintain a public website which shall, at a minimum,
1905	1905	17 provide the following information:
1906	1906	18 (A) each producer participating in the approved
1907	1907	19 program plan;
1908	1908	20 (B) the brands and types of covered materials of the
1909	1909	21 producers participating in the approved program plan; and
1910	1910	22 (C) all approved plans, annual reports, and audit
1911	1911	23 results required under this Act.
1912	1912	24 The website shall include information to notify the public
1913	1913	25 about how to properly recycle or otherwise dispose of covered
1914	1914	26 materials.
1915	1915
1916	1916
1917	1917
1918	1918
1919	1919
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1921	1921
1922	1922
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1925	1925	1 (f) The Advisory Council, with data reported in the annual
1926	1926	2 report required under Section 85, shall evaluate the
1927	1927	3 effectiveness of outreach and education efforts under this
1928	1928	4 Section to determine whether modification of a program plan is
1929	1929	5 necessary to improve the outreach and education efforts. The
1930	1930	6 Agency may require a producer or producer responsibility
1931	1931	7 organization to develop information that may be used to
1932	1932	8 improve outreach and education efforts under this Section.
1933	1933	9 (g) If, within one year after modification of a program
1934	1934	10 plan in accordance with this Section, the Advisory Council
1935	1935	11 determines a producer or producer responsibility organization
1936	1936	12 is still not on track to meet performance targets, the Agency
1937	1937	13 may require a producer or producer responsibility organization
1938	1938	14 to submit a revised program plan to increase expenditures on
1939	1939	15 education and infrastructure, as needed, by a minimum of 10%.
1940	1940	16 The Agency may require the submission of subsequent revised
1941	1941	17 plans to increase the allocated funding required for education
1942	1942	18 and outreach as needed to ensure the program achieves the
1943	1943	19 established performance targets.
1944	1944	20 (h) Producers, either individually or jointly with other
1945	1945	21 producers through a producer responsibility organization,
1946	1946	22 shall inform retailers of their obligation to sell only
1947	1947	23 covered materials of producers participating in an approved
1948	1948	24 program plan.
1949	1949	25 Section 85. Reporting requirements and audits.
1950	1950
1951	1951
1952	1952
1953	1953
1954	1954
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1956	1956
1957	1957
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1959	1959	HB2874 - 55 - LRB103 24787 CPF 51116 b
1960	1960	1 (a) On or before May 1, 2027, and annually thereafter,
1961	1961	2 producers, either individually or jointly with other producers
1962	1962	3 through a producer responsibility organization, shall submit a
1963	1963	4 report to the Agency that details the performance for the
1964	1964	5 prior calendar year's program. Producers, either individually
1965	1965	6 or jointly with other producers through a producer
1966	1966	7 responsibility organization, shall provide a copy of the
1967	1967	8 annual report to the Advisory Council for review and feedback
1968	1968	9 prior to submission to the Agency and shall allow 30 days for
1969	1969	10 the Advisory Council to provide written comment. A producer or
1970	1970	11 producer responsibility organization shall submit to the
1971	1971	12 Agency any written comments on the annual report received from
1972	1972	13 the Advisory Council as an attachment to the report. The
1973	1973	14 annual report shall include, at a minimum:
1974	1974	15 (1) the weight, in tons, of covered materials sold or
1975	1975	16 distributed into the State by the producer or producers
1976	1976	17 who are members of a producer responsibility organization
1977	1977	18 by material type and format;
1978	1978	19 (2) a description of any methods used to collect,
1979	1979	20 transport, and process covered materials, including, but
1980	1980	21 not limited to, a description of collection methods made
1981	1981	22 available to the public and an evaluation of the program's
1982	1982	23 collection convenience;
1983	1983	24 (3) a description of the management of covered
1984	1984	25 materials, including, but not limited to, reuse,
1985	1985	26 recycling, and composting rates, by material type;
1986	1986
1987	1987
1988	1988
1989	1989
1990	1990
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1992	1992
1993	1993
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1995	1995	HB2874 - 56 - LRB103 24787 CPF 51116 b
1996	1996	1 (4) a calculation of the reuse, recycling, composting,
1997	1997	2 and postconsumer recycled content rates with supporting
1998	1998	3 data by covered material type, provided that packaging or
1999	1999	4 paper products for which a waiver of postconsumer recycled
2000	2000	5 content is granted in accordance with Section 100 shall
2001	2001	6 not be included in the calculation of postconsumer
2002	2002	7 recycled content rates, and a description of their status
2003	2003	8 and progress toward achieving the performance targets set
2004	2004	9 forth in this Act, including, but not limited to, the
2005	2005	10 requirements in subsection (d) of Section 30 and the
2006	2006	11 performance targets established in the program plan
2007	2007	12 pursuant to Section 35, and a description of the efforts
2008	2008	13 proposed in the event of failing to achieve such rates;
2009	2009	14 (5) data on the weight of reclaimed covered materials,
2010	2010	15 by material type, including, but not limited to, the form
2011	2011	16 of any covered materials transported out of state;
2012	2012	17 (6) a description of the process used to verify the
2013	2013	18 method by which reclaimed covered materials were managed;
2014	2014	19 (7) information on the weight and type of
2015	2015	20 contamination in the recycling streams of covered
2016	2016	21 materials and the efforts proposed to reduce
2017	2017	22 contamination, including, but not limited to, through
2018	2018	23 consumer outreach and education;
2019	2019	24 (8) the total cost of implementing the program as
2020	2020	25 determined by an independent financial audit;
2021	2021	26 (9) the status of the grants and programs implemented
2022	2022
2023	2023
2024	2024
2025	2025
2026	2026
2027	2027	HB2874 - 56 - LRB103 24787 CPF 51116 b
2028	2028
2029	2029
2030	2030	HB2874- 57 -LRB103 24787 CPF 51116 b HB2874 - 57 - LRB103 24787 CPF 51116 b
2031	2031	HB2874 - 57 - LRB103 24787 CPF 51116 b
2032	2032	1 under the waste prevention and reuse program and the
2033	2033	2 composting infrastructure and education program;
2034	2034	3 (10) independently audited financial statements
2035	2035	4 detailing all payments received from producers covered by
2036	2036	5 the approved plan and issued by a producer responsibility
2037	2037	6 organization;
2038	2038	7 (11) a copy of the independent financial audit;
2039	2039	8 (12) a detailed description of the dues structure for
2040	2040	9 participating producers, including, but not limited to,
2041	2041	10 any incentives or disincentives for covered materials by
2042	2042	11 type, an evaluation of the effectiveness of such dues
2043	2043	12 structure and incentives, and a proposed schedule of dues
2044	2044	13 for the following program year;
2045	2045	14 (13) a detailed description of how the program
2046	2046	15 compensated covered entities, public and private haulers,
2047	2047	16 MRFs, and other service providers for their recycling
2048	2048	17 efforts and other related services;
2049	2049	18 (14) a description of any outreach and education
2050	2050	19 efforts, including, but not limited to, the results of
2051	2051	20 those efforts and sample educational materials as well as
2052	2052	21 recommendations, if any, for how the educational component
2053	2053	22 of the program can be improved;
2054	2054	23 (15) the status of packaging innovation and design
2055	2055	24 characteristics to prevent littering, make covered
2056	2056	25 materials reusable, and reduce overall covered material
2057	2057	26 waste;
2058	2058
2059	2059
2060	2060
2061	2061
2062	2062
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2064	2064
2065	2065
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2067	2067	HB2874 - 58 - LRB103 24787 CPF 51116 b
2068	2068	1 (16) a calculation of the waste prevention rate with
2069	2069	2 supporting data by covered material type;
2070	2070	3 (17) a detailed description of investments made in
2071	2071	4 infrastructure and market development as related to this
2072	2072	5 Act;
2073	2073	6 (18) as applicable, the total amount, by weight, of
2074	2074	7 each type of covered material collected and managed by
2075	2075	8 each participating producer through alternative collection
2076	2076	9 programs approved under Section 75;
2077	2077	10 (19) as applicable, the total amount, by weight, of
2078	2078	11 each type of covered material produced for which
2079	2079	12 postconsumer recycled content requirements are waived
2080	2080	13 under Section 100; and
2081	2081	14 (20) any other information required by the Advisory
2082	2082	15 Council upon its review of the report.
2083	2083	16 (b) If a producer or producer responsibility organization
2084	2084	17 is required to provide information in the annual report that
2085	2085	18 it considers to be proprietary, privileged, or confidential,
2086	2086	19 the information shall be provided with a claim that the
2087	2087	20 information is proprietary, privileged, or confidential in
2088	2088	21 accordance with the requirements for exemption under Section 7
2089	2089	22 of the Freedom of Information Act. A producer or producer
2090	2090	23 responsibility organization shall provide both a complete copy
2091	2091	24 and a redacted copy of the annual report to the Agency.
2092	2092	25 (c) No later than 60 days after the date the Agency
2093	2093	26 receives the annual report, the Agency shall notify a producer
2094	2094
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099	HB2874 - 58 - LRB103 24787 CPF 51116 b
2100	2100
2101	2101
2102	2102	HB2874- 59 -LRB103 24787 CPF 51116 b HB2874 - 59 - LRB103 24787 CPF 51116 b
2103	2103	HB2874 - 59 - LRB103 24787 CPF 51116 b
2104	2104	1 or producer responsibility organization of any deficiencies in
2105	2105	2 the report. No later than 30 days after receiving this notice
2106	2106	3 from the Agency, a producer or producer responsibility
2107	2107	4 organization shall submit to the Agency additional information
2108	2108	5 to correct the deficiencies. No later than 30 days after
2109	2109	6 receiving the additional information, the Agency shall notify
2110	2110	7 a producer or producer responsibility organization of any
2111	2111	8 uncorrected deficiencies, with continuing response and review
2112	2112	9 periods of no more than 30 days until the report is approved by
2113	2113	10 the Agency. Upon final approval by the Agency, the report
2114	2114	11 shall be posted on the Agency's website and on the website of
2115	2115	12 the producer or the producer responsibility organization
2116	2116	13 acting on the producer's behalf. If applicable, the version of
2117	2117	14 the report to be posted publicly shall be the redacted
2118	2118	15 version.
2119	2119	16 (d) Any proposed activities or recommendations from the
2120	2120	17 annual report shall be evaluated by the Advisory Council for
2121	2121	18 progress and shall be taken into consideration when reviewing
2122	2122	19 the report. If a producer or producer responsibility
2123	2123	20 organization is not on target to meet the performance
2124	2124	21 requirements or other required components of the plan, the
2125	2125	22 Agency, in consultation with the Advisory Council, shall
2126	2126	23 require the producer or producer responsibility organization
2127	2127	24 to submit a revised program plan designed to meet the
2128	2128	25 performance requirements or other required components of the
2129	2129	26 plan.
2130	2130
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135	HB2874 - 59 - LRB103 24787 CPF 51116 b
2136	2136
2137	2137
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2139	2139	HB2874 - 60 - LRB103 24787 CPF 51116 b
2140	2140	1 Section 90. Limited antitrust protections. A producer or
2141	2141	2 producer responsibility organization that organizes the
2142	2142	3 collection, transportation, and processing of covered
2143	2143	4 materials, in accordance with a program plan approved under
2144	2144	5 this Act, shall not be liable for any claim of a violation of
2145	2145	6 antitrust, restraint of trade, or unfair trade practice
2146	2146	7 arising from conduct undertaken in accordance with the program
2147	2147	8 pursuant to this Act. However, this Section shall not apply to
2148	2148	9 any agreement establishing or affecting the price of a covered
2149	2149	10 material, product, or the output or production of any
2150	2150	11 agreement restricting the geographic area or customers to
2151	2151	12 which a covered material or product will be sold.
2152	2152	13 Section 95. Penalties.
2153	2153	14 (a) Except as otherwise provided in this Act, any person
2154	2154	15 who violates any provision of this Act is liable for a civil
2155	2155	16 penalty of $7,000 per violation per day.
2156	2156	17 (b) The penalties provided for in this Section may be
2157	2157	18 recovered in a civil action brought in the name of the People
2158	2158	19 of the State of Illinois by the State's Attorney of the county
2159	2159	20 in which the violation occurred or by the Attorney General.
2160	2160	21 Any penalties collected under this Section in an action in
2161	2161	22 which the Attorney General has prevailed shall be deposited in
2162	2162	23 the Environmental Protection Trust Fund.
2163	2163	24 (c) The Attorney General or the State's Attorney of a
2164	2164
2165	2165
2166	2166
2167	2167
2168	2168
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2170	2170
2171	2171
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2173	2173	HB2874 - 61 - LRB103 24787 CPF 51116 b
2174	2174	1 county in which a violation occurs may institute a civil
2175	2175	2 action for an injunction, prohibitory or mandatory, to
2176	2176	3 restrain violations of this Act or to require such actions as
2177	2177	4 may be necessary to address violations of this Act.
2178	2178	5 (d) The penalties and injunctions provided in this Act are
2179	2179	6 in addition to any penalties, injunctions, or other relief
2180	2180	7 provided under any other law. Nothing in this Act bars a cause
2181	2181	8 of action by the State for any other penalty, injunction, or
2182	2182	9 other relief provided by any other law.
2183	2183	10 (e) Any person who knowingly makes a false, fictitious, or
2184	2184	11 fraudulent material statement, orally or in writing, to the
2185	2185	12 Agency, related to or required by this Act or any rule adopted
2186	2186	13 under this Act commits a Class 4 felony, and each such
2187	2187	14 statement or writing shall be considered a separate Class 4
2188	2188	15 felony. A person who violates this subsection a second or
2189	2189	16 subsequent time after being convicted under this subsection
2190	2190	17 commits a Class 3 felony.
2191	2191	18 Section 100. Postconsumer recycled content. Postconsumer
2192	2192	19 recycled content requirements in specific products may be
2193	2193	20 waived by the Agency if demonstration is made and the Agency
2194	2194	21 approves, in writing, that:
2195	2195	22 (1) the manufacturer cannot achieve the postconsumer
2196	2196	23 recycled content requirements and remain in compliance
2197	2197	24 with applicable rules and regulations adopted by the
2198	2198	25 United States Food and Drug Administration, or any other
2199	2199
2200	2200
2201	2201
2202	2202
2203	2203
2204	2204	HB2874 - 61 - LRB103 24787 CPF 51116 b
2205	2205
2206	2206
2207	2207	HB2874- 62 -LRB103 24787 CPF 51116 b HB2874 - 62 - LRB103 24787 CPF 51116 b
2208	2208	HB2874 - 62 - LRB103 24787 CPF 51116 b
2209	2209	1 State or federal law, rule, or regulation;
2210	2210	2 (2) it is not technologically feasible for the
2211	2211	3 manufacturer to achieve the postconsumer recycled content
2212	2212	4 requirements;
2213	2213	5 (3) the manufacturer cannot comply with the
2214	2214	6 postconsumer recycled content requirements due to
2215	2215	7 inadequate availability of recycled material or a
2216	2216	8 substantial disruption in the supply of recycled material;
2217	2217	9 or
2218	2218	10 (4) the manufacturer cannot comply for another reason
2219	2219	11 as determined by the Agency by rule, regulation, or
2220	2220	12 guidance.
2221	2221	13 Section 105. Other assistance programs. Nothing in this
2222	2222	14 Act shall impact an entity's eligibility for any State or
2223	2223	15 local incentive or assistance program to which the entity is
2224	2224	16 otherwise eligible.
2225	2225	17 Section 997. Severability. The provisions of this Act
2226	2226	18 shall be severable and if any phrase, clause, sentence or
2227	2227	19 provision of this Act or the applicability thereof to any
2228	2228	20 person or circumstance shall be held invalid, the remainder of
2229	2229	21 this Act and the application thereof shall not be affected
2230	2230	22 thereby.
2231	2231	23 Section 999. Effective date. This Act takes effect upon
2232	2232	24 becoming law.
2233	2233
2234	2234
2235	2235
2236	2236
2237	2237
2238	2238	HB2874 - 62 - LRB103 24787 CPF 51116 b