Illinois 2023-2024 Regular Session

Illinois House Bill HB3374 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 HB3374 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: New Act Creates the Electric Vehicle Recycling Act. Provides that, within 60 days after the Act's effective date, manufacturers of electric vehicles that contain hazardous components and batteries must begin to implement a collection program that facilitates the removal of hazardous components and batteries from end-of-life vehicles prior to the electric vehicles being flattened, crushed, shredded, or otherwise processed for recycling and to collect and properly manage hazardous components and batteries in accordance with the Environmental Protection Act. Provides that, within 90 days after the Act's effective date, manufacturers of vehicles that contain hazardous components and batteries that cannot be reused and are deemed to be hazardous, must submit to the Environmental Protection Agency an implementation plan that describes how the collection program will be carried out for the duration of the program. Requires the Agency to provide assistance to manufacturers in their implementation of the collection program. Contains provisions regarding violations and penalties under the Act and indemnification for manufacturers. Contains other provisions. Effective immediately. LRB103 26380 CPF 52742 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3374 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: New Act New Act Creates the Electric Vehicle Recycling Act. Provides that, within 60 days after the Act's effective date, manufacturers of electric vehicles that contain hazardous components and batteries must begin to implement a collection program that facilitates the removal of hazardous components and batteries from end-of-life vehicles prior to the electric vehicles being flattened, crushed, shredded, or otherwise processed for recycling and to collect and properly manage hazardous components and batteries in accordance with the Environmental Protection Act. Provides that, within 90 days after the Act's effective date, manufacturers of vehicles that contain hazardous components and batteries that cannot be reused and are deemed to be hazardous, must submit to the Environmental Protection Agency an implementation plan that describes how the collection program will be carried out for the duration of the program. Requires the Agency to provide assistance to manufacturers in their implementation of the collection program. Contains provisions regarding violations and penalties under the Act and indemnification for manufacturers. Contains other provisions. Effective immediately. LRB103 26380 CPF 52742 b LRB103 26380 CPF 52742 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3374 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Electric Vehicle Recycling Act. Provides that, within 60 days after the Act's effective date, manufacturers of electric vehicles that contain hazardous components and batteries must begin to implement a collection program that facilitates the removal of hazardous components and batteries from end-of-life vehicles prior to the electric vehicles being flattened, crushed, shredded, or otherwise processed for recycling and to collect and properly manage hazardous components and batteries in accordance with the Environmental Protection Act. Provides that, within 90 days after the Act's effective date, manufacturers of vehicles that contain hazardous components and batteries that cannot be reused and are deemed to be hazardous, must submit to the Environmental Protection Agency an implementation plan that describes how the collection program will be carried out for the duration of the program. Requires the Agency to provide assistance to manufacturers in their implementation of the collection program. Contains provisions regarding violations and penalties under the Act and indemnification for manufacturers. Contains other provisions. Effective immediately.
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8	8	A BILL FOR
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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 Electric Vehicle Recycling Act.
16	16	6 Section 3. Findings. The General Assembly finds that:
17	17	7 (1) A manufacturer of electric vehicles with
18	18	8 components or batteries that cannot be reused and are
19	19	9 deemed to be hazardous, and any component with no
20	20	10 economical recyclable value that will end up in a landfill
21	21	11 in the State of Illinois, should be solely responsible, at
22	22	12 the manufacturer's expense, for proper removal, handling,
23	23	13 and recycling. This should include proper training,
24	24	14 ongoing education, and specialty equipment and tools
25	25	15 required, at no expense, for a licensed auto recycler to
26	26	16 complete the safe removal of all hazardous components and
27	27	17 batteries under this Act.
28	28	18 (2) Hazardous components and batteries must be removed
29	29	19 when end-of-life vehicles are flattened, crushed, baled,
30	30	20 shredded, melted, or otherwise processed for recycling.
31	31	21 (3) Removing hazardous components and batteries from
32	32	22 end-of-life vehicles is an effective way to prevent them
33	33	23 from being released into the environment.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3374 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Electric Vehicle Recycling Act. Provides that, within 60 days after the Act's effective date, manufacturers of electric vehicles that contain hazardous components and batteries must begin to implement a collection program that facilitates the removal of hazardous components and batteries from end-of-life vehicles prior to the electric vehicles being flattened, crushed, shredded, or otherwise processed for recycling and to collect and properly manage hazardous components and batteries in accordance with the Environmental Protection Act. Provides that, within 90 days after the Act's effective date, manufacturers of vehicles that contain hazardous components and batteries that cannot be reused and are deemed to be hazardous, must submit to the Environmental Protection Agency an implementation plan that describes how the collection program will be carried out for the duration of the program. Requires the Agency to provide assistance to manufacturers in their implementation of the collection program. Contains provisions regarding violations and penalties under the Act and indemnification for manufacturers. Contains other provisions. Effective immediately.
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43	43	A BILL FOR
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68	68	1 (4) It is in the interest of the residents of the State
69	69	2 of Illinois to remove these hazardous components and
70	70	3 batteries from end-of-life vehicles.
71	71	4 Section 5. Definitions. In this Act:
72	72	5 "Agency" means the Environmental Protection Agency.
73	73	6 "Battery" means a container consisting of one or more
74	74	7 cells, modules, or any means of power storage in which
75	75	8 chemical energy is converted into electricity and used as a
76	76	9 source of power.
77	77	10 "Electric vehicle" has the same meaning as defined in
78	78	11 Section 11-1308 of the Illinois Vehicle Code.
79	79	12 "End-of-life vehicle" means an electric vehicle that is
80	80	13 sold, given, or otherwise conveyed to a vehicle recycler for
81	81	14 the purpose of reselling its parts or for recycling.
82	82	15 "Hazardous component" means a component of an electric
83	83	16 vehicle with any chemical, pollutant, waste, or substance that
84	84	17 is classified or regulated under any environmental law as a
85	85	18 hazardous substance, toxic substance, pollutant, or
86	86	19 contaminant.
87	87	20 "Manufacturer" means a person who is the last person in
88	88	21 the production or assembly process of a new electric vehicle
89	89	22 that uses one or more hazardous components and batteries; in
90	90	23 the case of an imported electric vehicle, the manufacturer is
91	91	24 the importer or domestic distributor of the electric vehicle.
92	92	25 "Manufacturer" does not include any person engaged in the
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103	103	1 business of selling new electric vehicles at retail or
104	104	2 converting or modifying new electric vehicles after the
105	105	3 production or assembly process.
106	106	4 "Person" means any individual, partnership,
107	107	5 co-partnership, firm, company, limited liability company,
108	108	6 corporation, association, joint stock company, trust, estate,
109	109	7 political subdivision, State agency, or any other legal
110	110	8 entity, or its legal representative, agent, or assign.
111	111	9 "Removal" means removing any number of hazardous
112	112	10 components or batteries from an end-of-life vehicle prior to
113	113	11 the vehicle being flattened, crushed, baled, shredded, or
114	114	12 otherwise processed for recycling or that are available to be
115	115	13 removed from an end-of-life vehicle that is flattened,
116	116	14 crushed, shredded, or otherwise processed for recycling.
117	117	15 "Scrap metal recycler" means a person who engages in the
118	118	16 business of shredding or otherwise processing end-of-life
119	119	17 vehicles or other scrap metal into prepared grades and whose
120	120	18 principal product is scrap iron, scrap steel, or nonferrous
121	121	19 metallic scrap for sale or for remelting purposes.
122	122	20 "Vehicle recycler" means a person who engages in the
123	123	21 business of acquiring, dismantling, removing parts from, or
124	124	22 destroying 6 or more end-of-life vehicles in a calendar year
125	125	23 for the primary purpose of reselling the vehicles' parts.
126	126	24 Section 10. Removal requirements.
127	127	25 (a) Hazardous components and batteries that cannot be
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138	138	1 reused and are deemed to be hazardous from end-of-life
139	139	2 vehicles must be managed in accordance with the Environmental
140	140	3 Protection Act and any rules and regulations adopted
141	141	4 thereunder.
142	142	5 (b) No person shall represent that all hazardous
143	143	6 components and batteries have been removed from an electric
144	144	7 vehicle if hazardous components and batteries have not been
145	145	8 removed from the electric vehicle, except where a hazardous
146	146	9 component or battery cannot be removed from the electric
147	147	10 vehicle because it is inaccessible due to significant damage
148	148	11 to the electric vehicle in the area surrounding a mercury
149	149	12 switch or hazardous component or battery.
150	150	13 (c) Consistent with the protection of confidential
151	151	14 business information, vehicle recyclers who remove hazardous
152	152	15 components and batteries from end-of-life vehicles must
153	153	16 maintain records documenting the removal and disposal of
154	154	17 hazardous components and batteries that cannot be reused and
155	155	18 are deemed to be hazardous as set forth by the manufacturers'
156	156	19 collection program established under Section 15, including,
157	157	20 but not limited to, the make and model of each car from which
158	158	21 one or more hazardous components or batteries that cannot be
159	159	22 reused and are deemed to be hazardous are removed by a vehicle
160	160	23 recycler. The records required under this subsection must be
161	161	24 retained at the vehicle recycler's place of business for a
162	162	25 minimum of 3 years and made available for inspection and
163	163	26 copying by the Agency during normal business hours.
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174	174	1 Section 15. Hazardous components and battery collection
175	175	2 program.
176	176	3 (a) Within 60 days after the effective date of this Act,
177	177	4 manufacturers of electric vehicles that contain hazardous
178	178	5 components, nonrecyclable components, or batteries must begin
179	179	6 implementing a program that facilitates the removal of
180	180	7 hazardous components and batteries that cannot be reused and
181	181	8 are deemed to be hazardous from end-of-life vehicles prior to
182	182	9 the vehicles being flattened, crushed, shredded, or otherwise
183	183	10 processed for recycling and to collect and properly manage
184	184	11 hazardous components and batteries in accordance with the
185	185	12 Environmental Protection Act and any rules and regulations
186	186	13 adopted thereunder. In order to ensure that hazardous
187	187	14 components and batteries are removed and collected in a safe
188	188	15 and consistent manner, manufacturers must provide training and
189	189	16 certification, at no expense, to licensed vehicle recyclers in
190	190	17 accordance with the Illinois Vehicle code for end-of-life
191	191	18 vehicle recycling infrastructure. The collection program must
192	192	19 be designed to comply with the following:
193	193	20 (1) Develop and provide educational materials that
194	194	21 include guidance as to which electric vehicles may contain
195	195	22 hazardous components and batteries and procedures for
196	196	23 locating and removing them for proper recycling, as set
197	197	24 forth by the manufacturers. The educational materials may
198	198	25 include, but are not limited to, brochures, fact sheets,
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209	209	1 and videos.
210	210	2 (2) Conduct outreach activities to encourage vehicle
211	211	3 recyclers and vehicle crushers to participate in the
212	212	4 recycling program. The activities may include, but are not
213	213	5 limited to, direct mailings, workshops, and site visits.
214	214	6 (3) Provide storage containers to participating
215	215	7 vehicle recyclers and vehicle crushers for proper
216	216	8 collection under the program.
217	217	9 (4) Provide a collection and transportation system to
218	218	10 periodically collect and replace filled storage containers
219	219	11 from vehicle recyclers either upon notification that a
220	220	12 storage container is full or on a schedule predetermined
221	221	13 by the manufacturers.
222	222	14 (5) Establish an entity that will serve as a point of
223	223	15 contact for the collection program and that will
224	224	16 establish, implement, and oversee the collection program
225	225	17 on behalf of the manufacturers.
226	226	18 (6) Track participation in the collection program and
227	227	19 the progress of collections.
228	228	20 (b) Within 90 days after the effective date of this Act,
229	229	21 manufacturers of electric vehicles that contain hazardous
230	230	22 components and batteries that cannot be reused and are deemed
231	231	23 to be hazardous must submit to the Agency an implementation
232	232	24 plan that describes how the collection program under
233	233	25 subsection (a) will be carried out for the duration of the
234	234	26 collection program. At a minimum, the implementation plan must
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245	245	1 comply with the following:
246	246	2 (1) Identify the educational materials and procedures
247	247	3 that will assist, at no expense to vehicle recyclers in
248	248	4 identifying, removing, and properly managing hazardous
249	249	5 components and batteries from end-of-life vehicles.
250	250	6 (2) Describe the outreach program that will be
251	251	7 undertaken to encourage vehicle recyclers to participate
252	252	8 in the collection program.
253	253	9 (3) Describe how the manufacturers will ensure that
254	254	10 hazardous components and batteries removed from
255	255	11 end-of-life vehicles are managed in accordance with the
256	256	12 Environmental Protection Act and any rules and regulations
257	257	13 adopted thereunder.
258	258	14 (4) Describe how the manufacturers will collect and
259	259	15 document the information required under this Act.
260	260	16 (5) Describe how the collection program will be
261	261	17 financed and implemented.
262	262	18 (6) Identify the manufacturers' addresses to which the
263	263	19 Agency should send notice to the manufacturers of the
264	264	20 collection program. The Agency shall review the collection
265	265	21 program implementation plans it receives for completeness
266	266	22 and shall notify each manufacturer in writing if a
267	267	23 collection program implementation plan is incomplete.
268	268	24 Within 30 days after receiving a notification of
269	269	25 incompleteness from the Agency, the manufacturers shall
270	270	26 submit to the Agency an implementation plan that contains
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281	281	1 all of the required information.
282	282	2 (c) The Agency must provide assistance to manufacturers in
283	283	3 their implementation of the collection program required under
284	284	4 this Section. The assistance shall include providing
285	285	5 manufacturers with information about businesses likely to be
286	286	6 engaged in vehicle recycling conducting site visits to promote
287	287	7 participation in the collection program, and assisting with
288	288	8 the scheduling, locating, and staffing of workshops conducted
289	289	9 to encourage vehicle recyclers to participate in the
290	290	10 collection program.
291	291	11 (d) Manufacturers subject to the requirements of this
292	292	12 Section shall provide, to the extent practicable, the
293	293	13 opportunity for trade associations of vehicle recyclers to be
294	294	14 involved in the delivery and dissemination of educational
295	295	15 materials, at no expense, regarding the identification,
296	296	16 removal, collection, and proper management of electric vehicle
297	297	17 batteries and hazardous components in end-of-life vehicles.
298	298	18 (e) The Agency shall provide notice under this Section by
299	299	19 posting a statement on its website and by sending a written
300	300	20 notice via certified mail to the manufacturers, subject to the
301	301	21 requirements of this Section, at the addresses provided in the
302	302	22 manufacturers' collection program plan under paragraph (6) of
303	303	23 subsection (b).
304	304	24 (f) Beginning 30 days after the Agency first provides
305	305	25 notice under this Section, the following shall apply:
306	306	26 (1) Vehicle recyclers must remove all hazardous
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317	317	1 components and batteries from end-of-life vehicles prior
318	318	2 to delivering the vehicles to a scrap metal recycler,
319	319	3 provided that a vehicle recycler is not required to remove
320	320	4 hazardous components or batteries that are inaccessible
321	321	5 due to significant damage to the vehicle in the area
322	322	6 surrounding the hazardous components or batteries that
323	323	7 occurred prior to the vehicle recycler's receipt of the
324	324	8 vehicle, in which case the damage must be noted in the
325	325	9 records the vehicle recycler is required to maintain under
326	326	10 subsection (c) of Section 10.
327	327	11 (2) No vehicle recycler, or scrap metal recycler shall
328	328	12 flatten, crush, or otherwise process an end-of-life
329	329	13 vehicle for recycling unless all hazardous components and
330	330	14 batteries have been removed from the vehicle, provided
331	331	15 that hazardous components or batteries that are
332	332	16 inaccessible due to significant damage to the vehicle in
333	333	17 the area surrounding the hazardous components or batteries
334	334	18 that occurred prior to the vehicle recycler's receipt of
335	335	19 the vehicle are not required to be removed. The damage
336	336	20 must be noted in the records the vehicle recyclers
337	337	21 required to maintain under this Act.
338	338	22 (g) Manufacturers subject to the requirements of this
339	339	23 Section must provide to vehicle recyclers the following
340	340	24 compensation for all hazardous components and batteries
341	341	25 removed from end-of-life vehicles on or after the date of
342	342	26 notice provided by the Agency under this Act:
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353	353	1 (1) For each hazardous component and battery removed
354	354	2 by the vehicle recycler or scrap metal recycler, an amount
355	355	3 based upon the manufacturers' warranties, procedures, and
356	356	4 the shop rate.
357	357	5 (2) The costs of the containers in which hazardous
358	358	6 components and batteries are collected and the costs of
359	359	7 packaging and transporting hazardous components and
360	360	8 batteries off-site. Payment of this compensation must be
361	361	9 provided in a prompt manner.
362	362	10 (h) In meeting the requirements of this Section,
363	363	11 manufacturers may work individually or as part of a group of 2
364	364	12 or more manufacturers.
365	365	13 Section 20. Agency recommendations. Every 3 years the
366	366	14 Agency shall make a recommendation to the General Assembly as
367	367	15 to whether the compensation required under subsection (g) of
368	368	16 Section 15 should be modified to ensure adequate compensation
369	369	17 for the removal of hazardous components and batteries from
370	370	18 end-of-life vehicles. In developing its recommendations, the
371	371	19 Agency shall seek comments and information from interested
372	372	20 persons, including, but not limited to, representatives of
373	373	21 vehicle recyclers, vehicle manufacturers, and environmental
374	374	22 groups.
375	375	23 Section 25. Submission to the Agency. All information
376	376	24 required to be submitted to the Agency under this Act must be
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387	387	1 submitted on forms prescribed by the Agency.
388	388	2 Section 30. Investigation of violations; penalties.
389	389	3 (a) The Agency shall investigate violations of this Act.
390	390	4 (b) Any manufacturer that willfully or knowingly violates
391	391	5 any provision of this Act or willfully or knowingly fails to
392	392	6 perform any duty imposed under this Act shall be liable for a
393	393	7 civil penalty not to exceed $1,000 for the violation and an
394	394	8 additional civil penalty not to exceed $1,000 for each day the
395	395	9 violation continues, and shall be liable for a civil penalty
396	396	10 not to exceed $5,000 for a second or subsequent violation and
397	397	11 an additional civil penalty not to exceed $1,000 for each day
398	398	12 the second or subsequent violation continues.
399	399	13 (c) Any vehicle recycler or scrap metal recycler who
400	400	14 willfully or knowingly violates any provision of this Act or
401	401	15 fails to perform any duty imposed under this Act shall be
402	402	16 liable for a civil penalty not to exceed $250 for the first
403	403	17 violation and a civil penalty not to exceed $500 for a second
404	404	18 or subsequent violation.
405	405	19 (d) The penalties provided in this Section may be
406	406	20 recovered in a civil action brought in the name of the People
407	407	21 of the State of Illinois by the State's Attorney of the county
408	408	22 in which the violation occurred or by the Attorney General.
409	409	23 Without limiting any other authority that may exist for
410	410	24 the awarding of attorneys' fees and costs, a court of
411	411	25 competent jurisdiction may award costs and reasonable
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422	422	1 attorneys' fees, including the reasonable costs of expert
423	423	2 witnesses and consultants, to the State's Attorney or the
424	424	3 Attorney General in a case where he or she has prevailed
425	425	4 against a person who has committed a willful, knowing, or
426	426	5 repeated violation of this Act. Any funds collected under this
427	427	6 Section in an action in which the Attorney General has
428	428	7 prevailed shall be deposited in the Hazardous Waste Fund. Any
429	429	8 funds collected under this Section in an action in which a
430	430	9 State's Attorney has prevailed shall be retained by the county
431	431	10 in which he or she serves.
432	432	11 (e) The State's Attorney of the county in which a
433	433	12 violation occurs or the Attorney General may, at the request
434	434	13 of the Agency or on his or her own motion, institute civil
435	435	14 action for an injunction, prohibitory or mandatory, to
436	436	15 restrain a violation of this Act or to require such other
437	437	16 action as may be necessary to address a violation of this Act.
438	438	17 (f) The penalties and injunctions provided in this Act are
439	439	18 in addition to any penalties, injunctions, or other relief
440	440	19 provided under any other law. Nothing in this Act shall bar a
441	441	20 cause of action by the State for any other penalty,
442	442	21 injunction, or relief provided by any other law.
443	443	22 Section 35. Indemnification. Manufacturers subject to the
444	444	23 requirements of this Act shall indemnify, defend, and hold
445	445	24 harmless vehicle recyclers and scrap metal recyclers for any
446	446	25 liability arising from the release from hazardous components
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457	457	1 and batteries after they are transferred under the
458	458	2 manufacturers' collection program to a manufacturer or its
459	459	3 agent, provided that it has been managed in accordance with
460	460	4 the Environmental Protection Act and any rules and regulations
461	461	5 adopted thereunder prior to the transfer.
462	462	6 Section 40. Federal requirements. If the Agency determines
463	463	7 that the requirements of this Act are no longer necessary
464	464	8 because a federal program provides equal or greater protection
465	465	9 to human health and safety and the environment in this State,
466	466	10 the Agency shall submit a report of its determination to the
467	467	11 General Assembly. In making its determination, the Agency
468	468	12 shall seek comments or information from interested persons,
469	469	13 including, but not limited to, representatives of vehicle
470	470	14 recyclers, vehicle crushers, scrap metal recyclers, vehicle
471	471	15 manufacturers, and environmental groups.
472	472	16 Section 99. Effective date. This Act takes effect upon
473	473	17 becoming law.
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475	475
476	476
477	477
478	478
479	479	HB3374 - 13 - LRB103 26380 CPF 52742 b