Public Act 103-0372
SB0836 EnrolledLRB103 03291 CPF 48297 b SB0836 Enrolled LRB103 03291 CPF 48297 b
SB0836 Enrolled LRB103 03291 CPF 48297 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Paint
Stewardship Act.
Section 5. Findings. The General Assembly finds that:
(1) Leftover architectural paints present significant
waste management issues for counties and municipalities and
create costly environmental, health, and safety risks if not
properly managed.
(2) Nationally, an estimated 10% of architectural paint
purchased by consumers is leftover. Current governmental
programs collect only a fraction of the potential leftover
paint for proper reuse, recycling, or disposal. In northern
Illinois, there are only 4 permanent household hazardous waste
facilities, and these facilities do not typically accept latex
paint, which is the most common paint purchased by consumers.
(3) It is in the best interest of this State for paint
manufacturers to assume responsibility for the development and
implementation of a cost-effective paint stewardship program
that will educate consumers on strategies to reduce the
generation of leftover paint; provide opportunities to reuse
leftover paint; and collect, transport, and process leftover
SB0836 Enrolled LRB103 03291 CPF 48297 b
paint for end-of-life management, including reuse, recycling,
and disposal. Requiring paint manufacturers to assume
responsibility for the collection, recycling, reuse,
transportation, and disposal of leftover paint will provide
more opportunities for consumers to properly manage their
leftover paint, provide fiscal relief for this State and local
governments in managing leftover paint, keep paint out of the
waste stream, and conserve natural resources.
(4) Similar architectural paint stewardship programs
currently operate in 11 jurisdictions and successfully divert
a significant portion of the collected paint waste from
landfills. These paint stewardship programs are saving
counties and municipalities the cost of managing paint waste
and have been successful at recycling leftover paint into
recycled paint products as well as other products. For
instance, in the State of Oregon, 64% of the latex paint
collected in the 2019-2020 fiscal year was recycled into paint
products, and in Minnesota, 48% of the latex paint collected
during the same period was reused or recycled into paint
products. Given the lack of access to architectural paint
collection programs in Illinois, especially for leftover latex
architectural paint, and the demonstrated ability of the paint
industry to collect and recycle a substantial portion of
leftover architectural paint, this legislation is necessary.
It will create a statewide program that diverts a significant
portion of paint waste from landfills and facilitates the
recycling of leftover paint into paint and other products.
(5) Establishing a paint stewardship program in Illinois
will create jobs as the marketplace adjusts to the needs of a
robust program that requires transporters and processors.
Certain infrastructure already exists in the State, and the
program may attract additional resources.
(6) Legislation is needed to establish this program in
part because of the risk of antitrust lawsuits. The program
involves activities by competitors in the paint industry and
may affect the costs or prices of those competitors. As
construed by the courts, the antitrust laws impose severe
constraints on concerted action by competitors that affect
costs or prices. Absent State legislation, participation in
this program would entail an unacceptable risk of class action
lawsuits. These risks can be mitigated by legislation that
would bar application of federal antitrust law under the
"state action" doctrine. Under that doctrine, federal
antitrust law does not apply to conduct that is (1) undertaken
pursuant to a clearly expressed and affirmatively articulated
state policy to displace or limit competition and (2) actively
supervised by the state.
(7) To ensure that this defense will be available to
protect participants in the program, it is important for this
State's legislation to be specific about the conduct it is
authorizing and to express clearly that the State is
authorizing that conduct pursuant to a conscious policy
decision to limit the unfettered operation of market forces.
It is also critical for the legislation to provide for active
supervision of the conduct that might otherwise be subject to
antitrust attack. In particular, the legislation must provide
for active supervision of the decisions concerning the
assessments that will fund the program. A clear articulation
of the State's purposes and policies and provisions for active
State supervision of the program will ensure that industry
participation in the program will not trigger litigation.
(8) To ensure that the costs of the program are
distributed in an equitable and competitively neutral manner,
the program will be funded through an assessment on each
container of paint sold in this State. That assessment will be
sufficient to recover, but not exceed, the costs of sustaining
the program and will be reviewed and approved by the
Environmental Protection Agency. Funds collected through the
assessment will be used by the representative organization to
operate and sustain the program.
Section 10. Definitions. In this Act:
"Agency" means the Environmental Protection Agency.
"Architectural paint" means interior and exterior
architectural coatings sold in containers of 5 gallons or
less. "Architectural paint" does not include industrial
original equipment or specialty coatings.
"Collection site" means any location, place, tract of
land, or facility or improvement at which architectural paint
is accepted into a postconsumer paint collection program
pursuant to a postconsumer paint collection program plan.
"Environmentally sound management practices" means
procedures for the collection, storage, transportation, reuse,
recycling, and disposal of architectural paint in a manner
that complies with all applicable federal, State, and local
laws and any rules, regulations, and ordinances for the
protection of human health and the environment. These
procedures shall address adequate recordkeeping, tracking and
documenting of the final disposition of materials, and
environmental liability coverage for the representative
organization.
"Household waste" has the meaning given to that term in
Section 3.230 of the Environmental Protection Act.
"Manufacturer" means a manufacturer of architectural paint
who sells, offers for sale, or distributes the architectural
paint in the State under the manufacturer's own name or brand
or another brand. "Manufacturer" does not include a retailer
that trademarks or owns a brand of architectural paint that is
sold, offered for sale, or distributed within or into this
State and that is manufactured by a person other than a
retailer.
"Person" has the meaning given to that term in Section
3.315 of the Environmental Protection Act.
"Postconsumer paint" means architectural paint not used
and no longer wanted by a purchaser.
"Program" means the postconsumer paint stewardship program
established pursuant to Section 15.
"Recycling" has the meaning given to that term in Section
3.380 of the Environmental Protection Act.
"Representative organization" means a nonprofit
organization established by one or more manufacturers to
implement a postconsumer paint stewardship program under this
Act.
"Retailer" means a person that sells or offers to sell at
retail in this State architectural paint.
"Very small quantity generator" has the meaning given to
that term in 40 CFR 260.10.
Section 15. Paint stewardship program plan.
(a) Each manufacturer of architectural paint sold or
offered for sale at retail in the State shall submit to the
Agency a plan for the establishment of a postconsumer paint
stewardship program. The program shall seek to reduce the
generation of postconsumer paint, promote its reuse and
recycling, and manage the postconsumer paint waste stream
using environmentally sound management practices.
(b) A plan submitted under this Section shall:
(1) Provide a list of participating manufacturers and
brands covered by the program.
(2) Provide information on the architectural paint
products covered under the program, such as interior or
exterior water-based and oil-based coatings, primers,
sealers, or wood coatings.
(3) Describe how it will provide for the statewide
collection of postconsumer architectural paint in the
State. The manufacturer or representative organization may
coordinate the program with existing household hazardous
waste collection infrastructure as is mutually agreeable
with the person operating the household waste collection
infrastructure.
(4) Provide a goal of sufficient number and geographic
distribution of collection sites, collection services, or
collection events for postconsumer architectural paint to
meet the following criteria:
(A) at least 90% of State residents shall have a
collection site, collection service, or collection
event within a 15-mile radius; and
(B) at least one collection site, collection
service, or collection event for every 50,000
residents of the State.
(5) Describe how postconsumer paint will be managed
using the following strategies: reuse, recycling, and
disposal.
(6) Describe education and outreach efforts to inform
consumers about the program. These efforts should include:
(A) information about collection opportunities for
postconsumer paint;
(B) information about the fee for the operation of
the program that shall be included in the purchase
price of all architectural paint sold in the State;
and
(C) efforts to promote the source reduction,
reuse, and recycling of architectural paint.
(7) Include a certification from an independent
auditor that any added fee to paint sold in the State as a
result of the postconsumer paint stewardship program does
not exceed the costs to operate and sustain the program in
accordance with sound management practices. The
independent auditor shall verify that the amount added to
each unit of paint will cover the costs and sustain the
postconsumer paint stewardship program.
(8) Describe how the paint stewardship program will
incorporate and compensate service providers for
activities conducted under the program that may include:
(A) the collection of postconsumer architectural
paint and architectural paint containers through
permanent collection sites, collection events, or
curbside services;
(B) the reuse or processing of postconsumer
architectural paint at a permanent collection site;
and
(C) the transportation, recycling, and proper
disposal of postconsumer architectural paint.
(c) Independent audits conducted for the purposes of this
Act must be conducted in accordance with generally accepted
auditing standards. The work product of the independent
auditor shall be submitted to the Agency as part of the annual
report required by Section 40. The cost of any work performed
by the independent auditor shall be funded by the program.
(d) Not later than 60 days after submission of the plan
under this Section, the Agency shall determine in writing
whether to approve the plan as submitted or disapprove the
plan. The Agency shall approve a plan if it contains all of the
information required under subsection (b). If the plan is
disapproved, the manufacturer or representative organization
shall resubmit a plan within 45 calendar days of receipt of the
notice of disapproval.
(e) If a manufacturer or representative organization
determines that the paint stewardship fee should be adjusted
because the independent audit reveals that the cost of
administering the program exceeds the revenues generated by
the paint stewardship fee, the manufacturer or representative
organization shall submit to the Agency a justification for
the adjustment as well as financial reports to support the
adjustment, including a 5-year projection of the financial
status of the organization. The submission shall include a
certification from an independent auditor that the proposed
fee adjustment will generate revenues necessary and sufficient
to pay the program expenses, including any accumulated debt,
and develop a reasonable reserve level sufficient to sustain
the program. The Agency shall approve the fee adjustment if
the submission contains all of the information required under
this subsection.
(f) Within 45 calendar days after Agency approval of a
plan, the Agency shall post on its website, and the
manufacturer or representative organization shall post on its
website, the names of the manufacturers participating in the
plan, the brands of architectural paint covered by the
program, and a copy of the plan.
(g) Each manufacturer under the plan shall include in the
price of any architectural paint sold to retailers or
distributors in the State the per container amount of the fee
set forth in the plan or fee adjustment. If a representative
organization is implementing the plan for a manufacturer, the
manufacturer is responsible for filing, reporting, and
remitting the paint stewardship fee assessment for each
container of architectural paint to the representative
organization. A retailer or distributor shall not deduct the
amount of the fee from the purchase price of any paint it
sells.
Section 20. Incineration prohibited. No person shall
incinerate architectural paint collected pursuant to a paint
stewardship plan approved in accordance with Section 15.
Section 25. Plan submission. The plan required by Section
15 shall be submitted not later than 12 months after the
effective date of this Act.
Section 30. Sale of paint.
(a) A manufacturer or retailer shall not sell or offer for
sale architectural paint to any person in the State unless the
manufacturer of the paint brand or the manufacturer's
representative organization is implementing a paint
stewardship plan approved in accordance with Section 15.
(b) A retailer shall not be in violation of subsection (a)
if, on the date the architectural paint was sold or offered for
sale, the paint or the paint's manufacturer are listed on the
Agency's website pursuant to subsection (f) of Section 15.
(c) A paint collection site accepting paint for a program
approved under this Act shall not charge for the collection of
the paint when it is offered for collection.
(d) No retailer is required to participate in a paint
stewardship program as a collection site. A retailer may
participate as a paint collection site on a voluntary basis,
subject to the same terms, conditions, and requirements that
apply to any other collection site.
(e) Nothing in this Act shall require a retailer to track,
file, report, submit, or remit a paint stewardship assessment,
sales data, or any other information on behalf of a
manufacturer, distributor, or representative organization.
Nothing in this Act prohibits a manufacturer and a retailer
from entering into remitter agreements.
Section 35. Liability. A manufacturer or representative
organization participating in a postconsumer paint stewardship
program shall not be liable for any claim of a violation of
antitrust, restraint of trade, unfair trade practice, or other
anticompetitive conduct arising from conduct undertaken in
accordance with the program.
Section 40. Annual report. By July 1, 2026, and each July 1
thereafter, a manufacturer or representative organization
shall submit a report to the Agency that details the
implementation of the manufacturer's or representative
organization's program during the prior calendar year. The
report shall include:
(1) a description of the methods used to collect and
transport the postconsumer paint collected by the program;
(2) the volume and type of postconsumer paint
collected and a description of the methods used to process
the paint, including reuse, recycling, and other methods;
(3) samples of the educational materials provided to
consumers of architectural paint; and
(4) the total cost of the program and an independent
financial audit of the program. An independent financial
auditor shall be chosen by the manufacturer or
representative organization.
The Agency and the manufacturer or manufacturer's
representative organization shall post a copy of each annual
report on their websites.
Section 45. Disclosure. Financial, production, or sales
data reported to the Agency by a manufacturer, retailer, or
representative organization is confidential business
information that is exempt from disclosure under the Freedom
of Information Act.
Section 50. Program plan submission fee. A manufacturer or
representative organization submitting a program plan shall
pay an administrative fee of $10,000 to the Agency at the time
of submission.
Section 55. Administration fee. By July 1, 2026, and each
July 1 thereafter, a manufacturer or representative
organization operating a stewardship program shall remit to
the Agency a $40,000 administration fee.
Section 57. Agency fees. All fees submitted to the Agency
under this Act shall be deposited into the Solid Waste
Management Fund to be used for costs associated with the
administration of this Act.
Section 60. Implementation. Six months following the date
of the program approval, a manufacturer or representative
organization shall implement a postconsumer paint collection
plan approved in accordance with Section 15.
Section 65. Postconsumer paint from households and small
businesses.
(a) Delivery of leftover architectural paint by households
and very small quantity generators to a collection site is
authorized to the extent provided in the postconsumer paint
program approved in accordance with Section 15 and in
accordance with federal and State law, rules, and regulations.
(b) Collection sites shall accept and temporarily store
architectural paint from households and very small quantity
generators to the extent provided in the postconsumer paint
stewardship program approved in accordance with Section 15 and
in accordance with federal and State law, rules, and
regulations.
(c) Nothing in this Act shall be construed as restricting
the collection of architectural paint by a postconsumer paint
stewardship program where the collection is authorized under
any otherwise applicable hazardous waste or solid waste laws,
rules, or regulations.
(d) Nothing in this Act shall be construed to affect any
requirements applicable to any person under any otherwise
applicable hazardous waste or solid waste laws, rules, or
regulations.
Section 70. Penalties.
(a) Any person who violates any provision of this Act is
liable for a civil penalty of $7,000 per violation, except
that the failure to register or pay a fee under this Act shall
cause the person who fails to register or pay the fee to be
liable for a civil penalty that is double the applicable
registration fee.
(b) The penalties provided for in this Section may be
recovered in a civil action brought in the name of the people
of the State of Illinois by the State's Attorney of the county
in which the violation occurred or by the Attorney General.
Any penalties collected under this Section in an action in
which the Attorney General has prevailed shall be deposited
into the Environmental Protection Trust Fund, to be used in
accordance with the provision of the Environmental Protection
Trust Fund Act.
(c) The Attorney General or the State's Attorney of a
county in which a violation occurs may institute a civil
action for an injunction, prohibitory or mandatory, to
restrain violations of this Act or to require such actions as
may be necessary to address violations of this Act.
(d) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other State law. Nothing in this Act bars a
cause of action by the State for any other penalty,
injunction, or other relief provided by any other law.
(e) Any person who knowingly makes a false, fictitious, or
fraudulent material statement, orally or in writing, to the
Agency, related to or required by this Act or any rule adopted
under this Act commits a Class 4 felony, and each such
statement or writing shall be considered a separate Class 4
felony. A person who, after being convicted under this
subsection, violates this subsection a second or subsequent
time commits a Class 3 felony.
Section 905. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois Department
of State Police in an affidavit or application for an
assault weapon endorsement, assault weapon attachment
endorsement, .50 caliber rifle endorsement, or .50 caliber
cartridge endorsement under the Firearm Owners
Identification Card Act.
(iii) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
2-13-23.)
Section 910. The Environmental Protection Act is amended
by changing Section 22.25 as follows:
(415 ILCS 5/22.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to
be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, from fees
collected under the Paint Stewardship Act, and from amounts
transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of
Commerce and Economic Opportunity in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years 2019
through 2023, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the
General Revenue Fund.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a
fee of 95 cents per cubic yard or, alternatively, the
owner or operator may weigh the quantity of the solid
waste permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee
collected or paid by the owner or operator under this
paragraph exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany
the payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee
collection and administration, for administration of the Paint
Stewardship Act, and for the administration of the Consumer
Electronics Recycling Act and the Drug Take-Back Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys
transferred under this subsection (g) shall be used only for
the purposes set forth in item (1) of subsection (d) of Section
22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating, and enforcement activities pursuant
to subsection (r) of Section 4 Section 4(r) at nonhazardous
solid waste disposal sites.
(i) The Agency is authorized to conduct household waste
collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including, but not limited to, an
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
(1) 60 per cubic yard if more than 150,000 cubic
yards of non-hazardous solid waste is permanently disposed
of at the site in a calendar year, unless the owner or
operator weighs the quantity of the solid waste received
with a device for which certification has been obtained
under the Weights and Measures Act, in which case the fee
shall not exceed $1.27 per ton of solid waste permanently
disposed of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid
waste is permanently disposed of at the site in a calendar
year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at
the site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local
ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160, the total fee, tax, or
surcharge imposed by all units of local government under this
subsection (j) upon the solid waste disposal facility shall
not exceed 50% of the applicable amount set forth above. A unit
of local government, as defined in the Local Solid Waste
Disposal Act, in which a general construction or demolition
debris recovery facility is located may establish a fee, tax,
or surcharge on the general construction or demolition debris
recovery facility with regard to the permanent disposal of
solid waste by the general construction or demolition debris
recovery facility at a solid waste disposal facility, provided
that such fee, tax, or surcharge shall not exceed 50% of the
applicable amount set forth above, based on the total amount
of solid waste transported from the general construction or
demolition debris recovery facility for disposal at solid
waste disposal facilities, and the unit of local government
and fee shall be subject to all other requirements of this
subsection (j).
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has
been dumped on public property in violation of a State law or
local ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a
written delegation agreement within 60 days after the
establishment of such fees. At least annually, the Agency
shall conduct an audit of the expenditures made by units of
local government from the funds granted by the Agency to the
units of local government for purposes of local sanitary
landfill inspection and enforcement programs, to ensure that
the funds have been expended for the prescribed purposes under
the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and post on its website, in
April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The
report will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a,
and under subsection (k) of this Section, shall be applicable
to any fee, tax or surcharge imposed under this subsection
(j); except that the fee, tax or surcharge authorized to be
imposed under this subsection (j) may be made applicable by a
unit of local government to the permanent disposal of solid
waste after December 31, 1986, under any contract lawfully
executed before June 1, 1986 under which more than 150,000
cubic yards (or 50,000 tons) of solid waste is to be
permanently disposed of, even though the waste is exempt from
the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; the exemption
set forth in this paragraph (3) of this subsection (k)
shall not apply to general construction or demolition
debris recovery facilities as defined in subsection (a-1)
of Section 3.160;
(4) non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
102-1055, eff. 6-10-22; revised 8-25-22.)