Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0836 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0372
2	1		SB0836 EnrolledLRB103 03291 CPF 48297 b SB0836 Enrolled LRB103 03291 CPF 48297 b
3	2		SB0836 Enrolled LRB103 03291 CPF 48297 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the Paint
8		-	Stewardship Act.
9		-	Section 5. Findings. The General Assembly finds that:
10		-	(1) Leftover architectural paints present significant
11		-	waste management issues for counties and municipalities and
12		-	create costly environmental, health, and safety risks if not
13		-	properly managed.
14		-	(2) Nationally, an estimated 10% of architectural paint
15		-	purchased by consumers is leftover. Current governmental
16		-	programs collect only a fraction of the potential leftover
17		-	paint for proper reuse, recycling, or disposal. In northern
18		-	Illinois, there are only 4 permanent household hazardous waste
19		-	facilities, and these facilities do not typically accept latex
20		-	paint, which is the most common paint purchased by consumers.
21		-	(3) It is in the best interest of this State for paint
22		-	manufacturers to assume responsibility for the development and
23		-	implementation of a cost-effective paint stewardship program
24		-	that will educate consumers on strategies to reduce the
25		-	generation of leftover paint; provide opportunities to reuse
26		-	leftover paint; and collect, transport, and process leftover
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the Paint
	7	+	5 Stewardship Act.
	8	+	6 Section 5. Findings. The General Assembly finds that:
	9	+	7 (1) Leftover architectural paints present significant
	10	+	8 waste management issues for counties and municipalities and
	11	+	9 create costly environmental, health, and safety risks if not
	12	+	10 properly managed.
	13	+	11 (2) Nationally, an estimated 10% of architectural paint
	14	+	12 purchased by consumers is leftover. Current governmental
	15	+	13 programs collect only a fraction of the potential leftover
	16	+	14 paint for proper reuse, recycling, or disposal. In northern
	17	+	15 Illinois, there are only 4 permanent household hazardous waste
	18	+	16 facilities, and these facilities do not typically accept latex
	19	+	17 paint, which is the most common paint purchased by consumers.
	20	+	18 (3) It is in the best interest of this State for paint
	21	+	19 manufacturers to assume responsibility for the development and
	22	+	20 implementation of a cost-effective paint stewardship program
	23	+	21 that will educate consumers on strategies to reduce the
	24	+	22 generation of leftover paint; provide opportunities to reuse
	25	+	23 leftover paint; and collect, transport, and process leftover
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33		-	paint for end-of-life management, including reuse, recycling,
34		-	and disposal. Requiring paint manufacturers to assume
35		-	responsibility for the collection, recycling, reuse,
36		-	transportation, and disposal of leftover paint will provide
37		-	more opportunities for consumers to properly manage their
38		-	leftover paint, provide fiscal relief for this State and local
39		-	governments in managing leftover paint, keep paint out of the
40		-	waste stream, and conserve natural resources.
41		-	(4) Similar architectural paint stewardship programs
42		-	currently operate in 11 jurisdictions and successfully divert
43		-	a significant portion of the collected paint waste from
44		-	landfills. These paint stewardship programs are saving
45		-	counties and municipalities the cost of managing paint waste
46		-	and have been successful at recycling leftover paint into
47		-	recycled paint products as well as other products. For
48		-	instance, in the State of Oregon, 64% of the latex paint
49		-	collected in the 2019-2020 fiscal year was recycled into paint
50		-	products, and in Minnesota, 48% of the latex paint collected
51		-	during the same period was reused or recycled into paint
52		-	products. Given the lack of access to architectural paint
53		-	collection programs in Illinois, especially for leftover latex
54		-	architectural paint, and the demonstrated ability of the paint
55		-	industry to collect and recycle a substantial portion of
56		-	leftover architectural paint, this legislation is necessary.
57		-	It will create a statewide program that diverts a significant
58		-	portion of paint waste from landfills and facilitates the
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	33	+	SB0836 Enrolled - 2 - LRB103 03291 CPF 48297 b
	34	+	1 paint for end-of-life management, including reuse, recycling,
	35	+	2 and disposal. Requiring paint manufacturers to assume
	36	+	3 responsibility for the collection, recycling, reuse,
	37	+	4 transportation, and disposal of leftover paint will provide
	38	+	5 more opportunities for consumers to properly manage their
	39	+	6 leftover paint, provide fiscal relief for this State and local
	40	+	7 governments in managing leftover paint, keep paint out of the
	41	+	8 waste stream, and conserve natural resources.
	42	+	9 (4) Similar architectural paint stewardship programs
	43	+	10 currently operate in 11 jurisdictions and successfully divert
	44	+	11 a significant portion of the collected paint waste from
	45	+	12 landfills. These paint stewardship programs are saving
	46	+	13 counties and municipalities the cost of managing paint waste
	47	+	14 and have been successful at recycling leftover paint into
	48	+	15 recycled paint products as well as other products. For
	49	+	16 instance, in the State of Oregon, 64% of the latex paint
	50	+	17 collected in the 2019-2020 fiscal year was recycled into paint
	51	+	18 products, and in Minnesota, 48% of the latex paint collected
	52	+	19 during the same period was reused or recycled into paint
	53	+	20 products. Given the lack of access to architectural paint
	54	+	21 collection programs in Illinois, especially for leftover latex
	55	+	22 architectural paint, and the demonstrated ability of the paint
	56	+	23 industry to collect and recycle a substantial portion of
	57	+	24 leftover architectural paint, this legislation is necessary.
	58	+	25 It will create a statewide program that diverts a significant
	59	+	26 portion of paint waste from landfills and facilitates the
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61		-	recycling of leftover paint into paint and other products.
62		-	(5) Establishing a paint stewardship program in Illinois
63		-	will create jobs as the marketplace adjusts to the needs of a
64		-	robust program that requires transporters and processors.
65		-	Certain infrastructure already exists in the State, and the
66		-	program may attract additional resources.
67		-	(6) Legislation is needed to establish this program in
68		-	part because of the risk of antitrust lawsuits. The program
69		-	involves activities by competitors in the paint industry and
70		-	may affect the costs or prices of those competitors. As
71		-	construed by the courts, the antitrust laws impose severe
72		-	constraints on concerted action by competitors that affect
73		-	costs or prices. Absent State legislation, participation in
74		-	this program would entail an unacceptable risk of class action
75		-	lawsuits. These risks can be mitigated by legislation that
76		-	would bar application of federal antitrust law under the
77		-	"state action" doctrine. Under that doctrine, federal
78		-	antitrust law does not apply to conduct that is (1) undertaken
79		-	pursuant to a clearly expressed and affirmatively articulated
80		-	state policy to displace or limit competition and (2) actively
81		-	supervised by the state.
82		-	(7) To ensure that this defense will be available to
83		-	protect participants in the program, it is important for this
84		-	State's legislation to be specific about the conduct it is
85		-	authorizing and to express clearly that the State is
86		-	authorizing that conduct pursuant to a conscious policy
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89		-	decision to limit the unfettered operation of market forces.
90		-	It is also critical for the legislation to provide for active
91		-	supervision of the conduct that might otherwise be subject to
92		-	antitrust attack. In particular, the legislation must provide
93		-	for active supervision of the decisions concerning the
94		-	assessments that will fund the program. A clear articulation
95		-	of the State's purposes and policies and provisions for active
96		-	State supervision of the program will ensure that industry
97		-	participation in the program will not trigger litigation.
98		-	(8) To ensure that the costs of the program are
99		-	distributed in an equitable and competitively neutral manner,
100		-	the program will be funded through an assessment on each
101		-	container of paint sold in this State. That assessment will be
102		-	sufficient to recover, but not exceed, the costs of sustaining
103		-	the program and will be reviewed and approved by the
104		-	Environmental Protection Agency. Funds collected through the
105		-	assessment will be used by the representative organization to
106		-	operate and sustain the program.
107		-	Section 10. Definitions. In this Act:
108		-	"Agency" means the Environmental Protection Agency.
109		-	"Architectural paint" means interior and exterior
110		-	architectural coatings sold in containers of 5 gallons or
111		-	less. "Architectural paint" does not include industrial
112		-	original equipment or specialty coatings.
113		-	"Collection site" means any location, place, tract of
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116		-	land, or facility or improvement at which architectural paint
117		-	is accepted into a postconsumer paint collection program
118		-	pursuant to a postconsumer paint collection program plan.
119		-	"Environmentally sound management practices" means
120		-	procedures for the collection, storage, transportation, reuse,
121		-	recycling, and disposal of architectural paint in a manner
122		-	that complies with all applicable federal, State, and local
123		-	laws and any rules, regulations, and ordinances for the
124		-	protection of human health and the environment. These
125		-	procedures shall address adequate recordkeeping, tracking and
126		-	documenting of the final disposition of materials, and
127		-	environmental liability coverage for the representative
128		-	organization.
129		-	"Household waste" has the meaning given to that term in
130		-	Section 3.230 of the Environmental Protection Act.
131		-	"Manufacturer" means a manufacturer of architectural paint
132		-	who sells, offers for sale, or distributes the architectural
133		-	paint in the State under the manufacturer's own name or brand
134		-	or another brand. "Manufacturer" does not include a retailer
135		-	that trademarks or owns a brand of architectural paint that is
136		-	sold, offered for sale, or distributed within or into this
137		-	State and that is manufactured by a person other than a
138		-	retailer.
139		-	"Person" has the meaning given to that term in Section
140		-	3.315 of the Environmental Protection Act.
141		-	"Postconsumer paint" means architectural paint not used
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	70	+	1 recycling of leftover paint into paint and other products.
	71	+	2 (5) Establishing a paint stewardship program in Illinois
	72	+	3 will create jobs as the marketplace adjusts to the needs of a
	73	+	4 robust program that requires transporters and processors.
	74	+	5 Certain infrastructure already exists in the State, and the
	75	+	6 program may attract additional resources.
	76	+	7 (6) Legislation is needed to establish this program in
	77	+	8 part because of the risk of antitrust lawsuits. The program
	78	+	9 involves activities by competitors in the paint industry and
	79	+	10 may affect the costs or prices of those competitors. As
	80	+	11 construed by the courts, the antitrust laws impose severe
	81	+	12 constraints on concerted action by competitors that affect
	82	+	13 costs or prices. Absent State legislation, participation in
	83	+	14 this program would entail an unacceptable risk of class action
	84	+	15 lawsuits. These risks can be mitigated by legislation that
	85	+	16 would bar application of federal antitrust law under the
	86	+	17 "state action" doctrine. Under that doctrine, federal
	87	+	18 antitrust law does not apply to conduct that is (1) undertaken
	88	+	19 pursuant to a clearly expressed and affirmatively articulated
	89	+	20 state policy to displace or limit competition and (2) actively
	90	+	21 supervised by the state.
	91	+	22 (7) To ensure that this defense will be available to
	92	+	23 protect participants in the program, it is important for this
	93	+	24 State's legislation to be specific about the conduct it is
	94	+	25 authorizing and to express clearly that the State is
	95	+	26 authorizing that conduct pursuant to a conscious policy
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144		-	and no longer wanted by a purchaser.
145		-	"Program" means the postconsumer paint stewardship program
146		-	established pursuant to Section 15.
147		-	"Recycling" has the meaning given to that term in Section
148		-	3.380 of the Environmental Protection Act.
149		-	"Representative organization" means a nonprofit
150		-	organization established by one or more manufacturers to
151		-	implement a postconsumer paint stewardship program under this
152		-	Act.
153		-	"Retailer" means a person that sells or offers to sell at
154		-	retail in this State architectural paint.
155		-	"Very small quantity generator" has the meaning given to
156		-	that term in 40 CFR 260.10.
157		-	Section 15. Paint stewardship program plan.
158		-	(a) Each manufacturer of architectural paint sold or
159		-	offered for sale at retail in the State shall submit to the
160		-	Agency a plan for the establishment of a postconsumer paint
161		-	stewardship program. The program shall seek to reduce the
162		-	generation of postconsumer paint, promote its reuse and
163		-	recycling, and manage the postconsumer paint waste stream
164		-	using environmentally sound management practices.
165		-	(b) A plan submitted under this Section shall:
166		-	(1) Provide a list of participating manufacturers and
167		-	brands covered by the program.
168		-	(2) Provide information on the architectural paint
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171		-	products covered under the program, such as interior or
172		-	exterior water-based and oil-based coatings, primers,
173		-	sealers, or wood coatings.
174		-	(3) Describe how it will provide for the statewide
175		-	collection of postconsumer architectural paint in the
176		-	State. The manufacturer or representative organization may
177		-	coordinate the program with existing household hazardous
178		-	waste collection infrastructure as is mutually agreeable
179		-	with the person operating the household waste collection
180		-	infrastructure.
181		-	(4) Provide a goal of sufficient number and geographic
182		-	distribution of collection sites, collection services, or
183		-	collection events for postconsumer architectural paint to
184		-	meet the following criteria:
185		-	(A) at least 90% of State residents shall have a
186		-	collection site, collection service, or collection
187		-	event within a 15-mile radius; and
188		-	(B) at least one collection site, collection
189		-	service, or collection event for every 50,000
190		-	residents of the State.
191		-	(5) Describe how postconsumer paint will be managed
192		-	using the following strategies: reuse, recycling, and
193		-	disposal.
194		-	(6) Describe education and outreach efforts to inform
195		-	consumers about the program. These efforts should include:
196		-	(A) information about collection opportunities for
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199		-	postconsumer paint;
200		-	(B) information about the fee for the operation of
201		-	the program that shall be included in the purchase
202		-	price of all architectural paint sold in the State;
203		-	and
204		-	(C) efforts to promote the source reduction,
205		-	reuse, and recycling of architectural paint.
206		-	(7) Include a certification from an independent
207		-	auditor that any added fee to paint sold in the State as a
208		-	result of the postconsumer paint stewardship program does
209		-	not exceed the costs to operate and sustain the program in
210		-	accordance with sound management practices. The
211		-	independent auditor shall verify that the amount added to
212		-	each unit of paint will cover the costs and sustain the
213		-	postconsumer paint stewardship program.
214		-	(8) Describe how the paint stewardship program will
215		-	incorporate and compensate service providers for
216		-	activities conducted under the program that may include:
217		-	(A) the collection of postconsumer architectural
218		-	paint and architectural paint containers through
219		-	permanent collection sites, collection events, or
220		-	curbside services;
221		-	(B) the reuse or processing of postconsumer
222		-	architectural paint at a permanent collection site;
223		-	and
224		-	(C) the transportation, recycling, and proper
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	106	+	1 decision to limit the unfettered operation of market forces.
	107	+	2 It is also critical for the legislation to provide for active
	108	+	3 supervision of the conduct that might otherwise be subject to
	109	+	4 antitrust attack. In particular, the legislation must provide
	110	+	5 for active supervision of the decisions concerning the
	111	+	6 assessments that will fund the program. A clear articulation
	112	+	7 of the State's purposes and policies and provisions for active
	113	+	8 State supervision of the program will ensure that industry
	114	+	9 participation in the program will not trigger litigation.
	115	+	10 (8) To ensure that the costs of the program are
	116	+	11 distributed in an equitable and competitively neutral manner,
	117	+	12 the program will be funded through an assessment on each
	118	+	13 container of paint sold in this State. That assessment will be
	119	+	14 sufficient to recover, but not exceed, the costs of sustaining
	120	+	15 the program and will be reviewed and approved by the
	121	+	16 Environmental Protection Agency. Funds collected through the
	122	+	17 assessment will be used by the representative organization to
	123	+	18 operate and sustain the program.
	124	+	19 Section 10. Definitions. In this Act:
	125	+	20 "Agency" means the Environmental Protection Agency.
	126	+	21 "Architectural paint" means interior and exterior
	127	+	22 architectural coatings sold in containers of 5 gallons or
	128	+	23 less. "Architectural paint" does not include industrial
	129	+	24 original equipment or specialty coatings.
	130	+	25 "Collection site" means any location, place, tract of
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227		-	disposal of postconsumer architectural paint.
228		-	(c) Independent audits conducted for the purposes of this
229		-	Act must be conducted in accordance with generally accepted
230		-	auditing standards. The work product of the independent
231		-	auditor shall be submitted to the Agency as part of the annual
232		-	report required by Section 40. The cost of any work performed
233		-	by the independent auditor shall be funded by the program.
234		-	(d) Not later than 60 days after submission of the plan
235		-	under this Section, the Agency shall determine in writing
236		-	whether to approve the plan as submitted or disapprove the
237		-	plan. The Agency shall approve a plan if it contains all of the
238		-	information required under subsection (b). If the plan is
239		-	disapproved, the manufacturer or representative organization
240		-	shall resubmit a plan within 45 calendar days of receipt of the
241		-	notice of disapproval.
242		-	(e) If a manufacturer or representative organization
243		-	determines that the paint stewardship fee should be adjusted
244		-	because the independent audit reveals that the cost of
245		-	administering the program exceeds the revenues generated by
246		-	the paint stewardship fee, the manufacturer or representative
247		-	organization shall submit to the Agency a justification for
248		-	the adjustment as well as financial reports to support the
249		-	adjustment, including a 5-year projection of the financial
250		-	status of the organization. The submission shall include a
251		-	certification from an independent auditor that the proposed
252		-	fee adjustment will generate revenues necessary and sufficient
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255		-	to pay the program expenses, including any accumulated debt,
256		-	and develop a reasonable reserve level sufficient to sustain
257		-	the program. The Agency shall approve the fee adjustment if
258		-	the submission contains all of the information required under
259		-	this subsection.
260		-	(f) Within 45 calendar days after Agency approval of a
261		-	plan, the Agency shall post on its website, and the
262		-	manufacturer or representative organization shall post on its
263		-	website, the names of the manufacturers participating in the
264		-	plan, the brands of architectural paint covered by the
265		-	program, and a copy of the plan.
266		-	(g) Each manufacturer under the plan shall include in the
267		-	price of any architectural paint sold to retailers or
268		-	distributors in the State the per container amount of the fee
269		-	set forth in the plan or fee adjustment. If a representative
270		-	organization is implementing the plan for a manufacturer, the
271		-	manufacturer is responsible for filing, reporting, and
272		-	remitting the paint stewardship fee assessment for each
273		-	container of architectural paint to the representative
274		-	organization. A retailer or distributor shall not deduct the
275		-	amount of the fee from the purchase price of any paint it
276		-	sells.
277		-	Section 20. Incineration prohibited. No person shall
278		-	incinerate architectural paint collected pursuant to a paint
279		-	stewardship plan approved in accordance with Section 15.
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282		-	Section 25. Plan submission. The plan required by Section
283		-	15 shall be submitted not later than 12 months after the
284		-	effective date of this Act.
285		-	Section 30. Sale of paint.
286		-	(a) A manufacturer or retailer shall not sell or offer for
287		-	sale architectural paint to any person in the State unless the
288		-	manufacturer of the paint brand or the manufacturer's
289		-	representative organization is implementing a paint
290		-	stewardship plan approved in accordance with Section 15.
291		-	(b) A retailer shall not be in violation of subsection (a)
292		-	if, on the date the architectural paint was sold or offered for
293		-	sale, the paint or the paint's manufacturer are listed on the
294		-	Agency's website pursuant to subsection (f) of Section 15.
295		-	(c) A paint collection site accepting paint for a program
296		-	approved under this Act shall not charge for the collection of
297		-	the paint when it is offered for collection.
298		-	(d) No retailer is required to participate in a paint
299		-	stewardship program as a collection site. A retailer may
300		-	participate as a paint collection site on a voluntary basis,
301		-	subject to the same terms, conditions, and requirements that
302		-	apply to any other collection site.
303		-	(e) Nothing in this Act shall require a retailer to track,
304		-	file, report, submit, or remit a paint stewardship assessment,
305		-	sales data, or any other information on behalf of a
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	141	+	1 land, or facility or improvement at which architectural paint
	142	+	2 is accepted into a postconsumer paint collection program
	143	+	3 pursuant to a postconsumer paint collection program plan.
	144	+	4 "Environmentally sound management practices" means
	145	+	5 procedures for the collection, storage, transportation, reuse,
	146	+	6 recycling, and disposal of architectural paint in a manner
	147	+	7 that complies with all applicable federal, State, and local
	148	+	8 laws and any rules, regulations, and ordinances for the
	149	+	9 protection of human health and the environment. These
	150	+	10 procedures shall address adequate recordkeeping, tracking and
	151	+	11 documenting of the final disposition of materials, and
	152	+	12 environmental liability coverage for the representative
	153	+	13 organization.
	154	+	14 "Household waste" has the meaning given to that term in
	155	+	15 Section 3.230 of the Environmental Protection Act.
	156	+	16 "Manufacturer" means a manufacturer of architectural paint
	157	+	17 who sells, offers for sale, or distributes the architectural
	158	+	18 paint in the State under the manufacturer's own name or brand
	159	+	19 or another brand. "Manufacturer" does not include a retailer
	160	+	20 that trademarks or owns a brand of architectural paint that is
	161	+	21 sold, offered for sale, or distributed within or into this
	162	+	22 State and that is manufactured by a person other than a
	163	+	23 retailer.
	164	+	24 "Person" has the meaning given to that term in Section
	165	+	25 3.315 of the Environmental Protection Act.
	166	+	26 "Postconsumer paint" means architectural paint not used
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308		-	manufacturer, distributor, or representative organization.
309		-	Nothing in this Act prohibits a manufacturer and a retailer
310		-	from entering into remitter agreements.
311		-	Section 35. Liability. A manufacturer or representative
312		-	organization participating in a postconsumer paint stewardship
313		-	program shall not be liable for any claim of a violation of
314		-	antitrust, restraint of trade, unfair trade practice, or other
315		-	anticompetitive conduct arising from conduct undertaken in
316		-	accordance with the program.
317		-	Section 40. Annual report. By July 1, 2026, and each July 1
318		-	thereafter, a manufacturer or representative organization
319		-	shall submit a report to the Agency that details the
320		-	implementation of the manufacturer's or representative
321		-	organization's program during the prior calendar year. The
322		-	report shall include:
323		-	(1) a description of the methods used to collect and
324		-	transport the postconsumer paint collected by the program;
325		-	(2) the volume and type of postconsumer paint
326		-	collected and a description of the methods used to process
327		-	the paint, including reuse, recycling, and other methods;
328		-	(3) samples of the educational materials provided to
329		-	consumers of architectural paint; and
330		-	(4) the total cost of the program and an independent
331		-	financial audit of the program. An independent financial
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334		-	auditor shall be chosen by the manufacturer or
335		-	representative organization.
336		-	The Agency and the manufacturer or manufacturer's
337		-	representative organization shall post a copy of each annual
338		-	report on their websites.
339		-	Section 45. Disclosure. Financial, production, or sales
340		-	data reported to the Agency by a manufacturer, retailer, or
341		-	representative organization is confidential business
342		-	information that is exempt from disclosure under the Freedom
343		-	of Information Act.
344		-	Section 50. Program plan submission fee. A manufacturer or
345		-	representative organization submitting a program plan shall
346		-	pay an administrative fee of $10,000 to the Agency at the time
347		-	of submission.
348		-	Section 55. Administration fee. By July 1, 2026, and each
349		-	July 1 thereafter, a manufacturer or representative
350		-	organization operating a stewardship program shall remit to
351		-	the Agency a $40,000 administration fee.
352		-	Section 57. Agency fees. All fees submitted to the Agency
353		-	under this Act shall be deposited into the Solid Waste
354		-	Management Fund to be used for costs associated with the
355		-	administration of this Act.
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356	173
357	174
358		-	Section 60. Implementation. Six months following the date
359		-	of the program approval, a manufacturer or representative
360		-	organization shall implement a postconsumer paint collection
361		-	plan approved in accordance with Section 15.
362		-	Section 65. Postconsumer paint from households and small
363		-	businesses.
364		-	(a) Delivery of leftover architectural paint by households
365		-	and very small quantity generators to a collection site is
366		-	authorized to the extent provided in the postconsumer paint
367		-	program approved in accordance with Section 15 and in
368		-	accordance with federal and State law, rules, and regulations.
369		-	(b) Collection sites shall accept and temporarily store
370		-	architectural paint from households and very small quantity
371		-	generators to the extent provided in the postconsumer paint
372		-	stewardship program approved in accordance with Section 15 and
373		-	in accordance with federal and State law, rules, and
374		-	regulations.
375		-	(c) Nothing in this Act shall be construed as restricting
376		-	the collection of architectural paint by a postconsumer paint
377		-	stewardship program where the collection is authorized under
378		-	any otherwise applicable hazardous waste or solid waste laws,
379		-	rules, or regulations.
380		-	(d) Nothing in this Act shall be construed to affect any
381		-	requirements applicable to any person under any otherwise
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	177	+	1 and no longer wanted by a purchaser.
	178	+	2 "Program" means the postconsumer paint stewardship program
	179	+	3 established pursuant to Section 15.
	180	+	4 "Recycling" has the meaning given to that term in Section
	181	+	5 3.380 of the Environmental Protection Act.
	182	+	6 "Representative organization" means a nonprofit
	183	+	7 organization established by one or more manufacturers to
	184	+	8 implement a postconsumer paint stewardship program under this
	185	+	9 Act.
	186	+	10 "Retailer" means a person that sells or offers to sell at
	187	+	11 retail in this State architectural paint.
	188	+	12 "Very small quantity generator" has the meaning given to
	189	+	13 that term in 40 CFR 260.10.
	190	+	14 Section 15. Paint stewardship program plan.
	191	+	15 (a) Each manufacturer of architectural paint sold or
	192	+	16 offered for sale at retail in the State shall submit to the
	193	+	17 Agency a plan for the establishment of a postconsumer paint
	194	+	18 stewardship program. The program shall seek to reduce the
	195	+	19 generation of postconsumer paint, promote its reuse and
	196	+	20 recycling, and manage the postconsumer paint waste stream
	197	+	21 using environmentally sound management practices.
	198	+	22 (b) A plan submitted under this Section shall:
	199	+	23 (1) Provide a list of participating manufacturers and
	200	+	24 brands covered by the program.
	201	+	25 (2) Provide information on the architectural paint
382	202
383	203
384		-	applicable hazardous waste or solid waste laws, rules, or
385		-	regulations.
386		-	Section 70. Penalties.
387		-	(a) Any person who violates any provision of this Act is
388		-	liable for a civil penalty of $7,000 per violation, except
389		-	that the failure to register or pay a fee under this Act shall
390		-	cause the person who fails to register or pay the fee to be
391		-	liable for a civil penalty that is double the applicable
392		-	registration fee.
393		-	(b) The penalties provided for in this Section may be
394		-	recovered in a civil action brought in the name of the people
395		-	of the State of Illinois by the State's Attorney of the county
396		-	in which the violation occurred or by the Attorney General.
397		-	Any penalties collected under this Section in an action in
398		-	which the Attorney General has prevailed shall be deposited
399		-	into the Environmental Protection Trust Fund, to be used in
400		-	accordance with the provision of the Environmental Protection
401		-	Trust Fund Act.
402		-	(c) The Attorney General or the State's Attorney of a
403		-	county in which a violation occurs may institute a civil
404		-	action for an injunction, prohibitory or mandatory, to
405		-	restrain violations of this Act or to require such actions as
406		-	may be necessary to address violations of this Act.
407		-	(d) The penalties and injunctions provided in this Act are
408		-	in addition to any penalties, injunctions, or other relief
409	204
410	205
411		-	provided under any other State law. Nothing in this Act bars a
412		-	cause of action by the State for any other penalty,
413		-	injunction, or other relief provided by any other law.
414		-	(e) Any person who knowingly makes a false, fictitious, or
415		-	fraudulent material statement, orally or in writing, to the
416		-	Agency, related to or required by this Act or any rule adopted
417		-	under this Act commits a Class 4 felony, and each such
418		-	statement or writing shall be considered a separate Class 4
419		-	felony. A person who, after being convicted under this
420		-	subsection, violates this subsection a second or subsequent
421		-	time commits a Class 3 felony.
422		-	Section 905. The Freedom of Information Act is amended by
423		-	changing Section 7.5 as follows:
424		-	(5 ILCS 140/7.5)
425		-	Sec. 7.5. Statutory exemptions. To the extent provided for
426		-	by the statutes referenced below, the following shall be
427		-	exempt from inspection and copying:
428		-	(a) All information determined to be confidential
429		-	under Section 4002 of the Technology Advancement and
430		-	Development Act.
431		-	(b) Library circulation and order records identifying
432		-	library users with specific materials under the Library
433		-	Records Confidentiality Act.
434		-	(c) Applications, related documents, and medical
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436	209
437		-	records received by the Experimental Organ Transplantation
438		-	Procedures Board and any and all documents or other
439		-	records prepared by the Experimental Organ Transplantation
440		-	Procedures Board or its staff relating to applications it
441		-	has received.
442		-	(d) Information and records held by the Department of
443		-	Public Health and its authorized representatives relating
444		-	to known or suspected cases of sexually transmissible
445		-	disease or any information the disclosure of which is
446		-	restricted under the Illinois Sexually Transmissible
447		-	Disease Control Act.
448		-	(e) Information the disclosure of which is exempted
449		-	under Section 30 of the Radon Industry Licensing Act.
450		-	(f) Firm performance evaluations under Section 55 of
451		-	the Architectural, Engineering, and Land Surveying
452		-	Qualifications Based Selection Act.
453		-	(g) Information the disclosure of which is restricted
454		-	and exempted under Section 50 of the Illinois Prepaid
455		-	Tuition Act.
456		-	(h) Information the disclosure of which is exempted
457		-	under the State Officials and Employees Ethics Act, and
458		-	records of any lawfully created State or local inspector
459		-	general's office that would be exempt if created or
460		-	obtained by an Executive Inspector General's office under
461		-	that Act.
462		-	(i) Information contained in a local emergency energy
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	212	+	1 products covered under the program, such as interior or
	213	+	2 exterior water-based and oil-based coatings, primers,
	214	+	3 sealers, or wood coatings.
	215	+	4 (3) Describe how it will provide for the statewide
	216	+	5 collection of postconsumer architectural paint in the
	217	+	6 State. The manufacturer or representative organization may
	218	+	7 coordinate the program with existing household hazardous
	219	+	8 waste collection infrastructure as is mutually agreeable
	220	+	9 with the person operating the household waste collection
	221	+	10 infrastructure.
	222	+	11 (4) Provide a goal of sufficient number and geographic
	223	+	12 distribution of collection sites, collection services, or
	224	+	13 collection events for postconsumer architectural paint to
	225	+	14 meet the following criteria:
	226	+	15 (A) at least 90% of State residents shall have a
	227	+	16 collection site, collection service, or collection
	228	+	17 event within a 15-mile radius; and
	229	+	18 (B) at least one collection site, collection
	230	+	19 service, or collection event for every 50,000
	231	+	20 residents of the State.
	232	+	21 (5) Describe how postconsumer paint will be managed
	233	+	22 using the following strategies: reuse, recycling, and
	234	+	23 disposal.
	235	+	24 (6) Describe education and outreach efforts to inform
	236	+	25 consumers about the program. These efforts should include:
	237	+	26 (A) information about collection opportunities for
463	238
464	239
465		-	plan submitted to a municipality in accordance with a
466		-	local emergency energy plan ordinance that is adopted
467		-	under Section 11-21.5-5 of the Illinois Municipal Code.
468		-	(j) Information and data concerning the distribution
469		-	of surcharge moneys collected and remitted by carriers
470		-	under the Emergency Telephone System Act.
471		-	(k) Law enforcement officer identification information
472		-	or driver identification information compiled by a law
473		-	enforcement agency or the Department of Transportation
474		-	under Section 11-212 of the Illinois Vehicle Code.
475		-	(l) Records and information provided to a residential
476		-	health care facility resident sexual assault and death
477		-	review team or the Executive Council under the Abuse
478		-	Prevention Review Team Act.
479		-	(m) Information provided to the predatory lending
480		-	database created pursuant to Article 3 of the Residential
481		-	Real Property Disclosure Act, except to the extent
482		-	authorized under that Article.
483		-	(n) Defense budgets and petitions for certification of
484		-	compensation and expenses for court appointed trial
485		-	counsel as provided under Sections 10 and 15 of the
486		-	Capital Crimes Litigation Act. This subsection (n) shall
487		-	apply until the conclusion of the trial of the case, even
488		-	if the prosecution chooses not to pursue the death penalty
489		-	prior to trial or sentencing.
490		-	(o) Information that is prohibited from being
491	240
492	241
493		-	disclosed under Section 4 of the Illinois Health and
494		-	Hazardous Substances Registry Act.
495		-	(p) Security portions of system safety program plans,
496		-	investigation reports, surveys, schedules, lists, data, or
497		-	information compiled, collected, or prepared by or for the
498		-	Department of Transportation under Sections 2705-300 and
499		-	2705-616 of the Department of Transportation Law of the
500		-	Civil Administrative Code of Illinois, the Regional
501		-	Transportation Authority under Section 2.11 of the
502		-	Regional Transportation Authority Act, or the St. Clair
503		-	County Transit District under the Bi-State Transit Safety
504		-	Act.
505		-	(q) Information prohibited from being disclosed by the
506		-	Personnel Record Review Act.
507		-	(r) Information prohibited from being disclosed by the
508		-	Illinois School Student Records Act.
509		-	(s) Information the disclosure of which is restricted
510		-	under Section 5-108 of the Public Utilities Act.
511		-	(t) All identified or deidentified health information
512		-	in the form of health data or medical records contained
513		-	in, stored in, submitted to, transferred by, or released
514		-	from the Illinois Health Information Exchange, and
515		-	identified or deidentified health information in the form
516		-	of health data and medical records of the Illinois Health
517		-	Information Exchange in the possession of the Illinois
518		-	Health Information Exchange Office due to its
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519	244
520	245
521		-	administration of the Illinois Health Information
522		-	Exchange. The terms "identified" and "deidentified" shall
523		-	be given the same meaning as in the Health Insurance
524		-	Portability and Accountability Act of 1996, Public Law
525		-	104-191, or any subsequent amendments thereto, and any
526		-	regulations promulgated thereunder.
527		-	(u) Records and information provided to an independent
528		-	team of experts under the Developmental Disability and
529		-	Mental Health Safety Act (also known as Brian's Law).
530		-	(v) Names and information of people who have applied
531		-	for or received Firearm Owner's Identification Cards under
532		-	the Firearm Owners Identification Card Act or applied for
533		-	or received a concealed carry license under the Firearm
534		-	Concealed Carry Act, unless otherwise authorized by the
535		-	Firearm Concealed Carry Act; and databases under the
536		-	Firearm Concealed Carry Act, records of the Concealed
537		-	Carry Licensing Review Board under the Firearm Concealed
538		-	Carry Act, and law enforcement agency objections under the
539		-	Firearm Concealed Carry Act.
540		-	(v-5) Records of the Firearm Owner's Identification
541		-	Card Review Board that are exempted from disclosure under
542		-	Section 10 of the Firearm Owners Identification Card Act.
543		-	(w) Personally identifiable information which is
544		-	exempted from disclosure under subsection (g) of Section
545		-	19.1 of the Toll Highway Act.
546		-	(x) Information which is exempted from disclosure
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	248	+	1 postconsumer paint;
	249	+	2 (B) information about the fee for the operation of
	250	+	3 the program that shall be included in the purchase
	251	+	4 price of all architectural paint sold in the State;
	252	+	5 and
	253	+	6 (C) efforts to promote the source reduction,
	254	+	7 reuse, and recycling of architectural paint.
	255	+	8 (7) Include a certification from an independent
	256	+	9 auditor that any added fee to paint sold in the State as a
	257	+	10 result of the postconsumer paint stewardship program does
	258	+	11 not exceed the costs to operate and sustain the program in
	259	+	12 accordance with sound management practices. The
	260	+	13 independent auditor shall verify that the amount added to
	261	+	14 each unit of paint will cover the costs and sustain the
	262	+	15 postconsumer paint stewardship program.
	263	+	16 (8) Describe how the paint stewardship program will
	264	+	17 incorporate and compensate service providers for
	265	+	18 activities conducted under the program that may include:
	266	+	19 (A) the collection of postconsumer architectural
	267	+	20 paint and architectural paint containers through
	268	+	21 permanent collection sites, collection events, or
	269	+	22 curbside services;
	270	+	23 (B) the reuse or processing of postconsumer
	271	+	24 architectural paint at a permanent collection site;
	272	+	25 and
	273	+	26 (C) the transportation, recycling, and proper
547	274
548	275
549		-	under Section 5-1014.3 of the Counties Code or Section
550		-	8-11-21 of the Illinois Municipal Code.
551		-	(y) Confidential information under the Adult
552		-	Protective Services Act and its predecessor enabling
553		-	statute, the Elder Abuse and Neglect Act, including
554		-	information about the identity and administrative finding
555		-	against any caregiver of a verified and substantiated
556		-	decision of abuse, neglect, or financial exploitation of
557		-	an eligible adult maintained in the Registry established
558		-	under Section 7.5 of the Adult Protective Services Act.
559		-	(z) Records and information provided to a fatality
560		-	review team or the Illinois Fatality Review Team Advisory
561		-	Council under Section 15 of the Adult Protective Services
562		-	Act.
563		-	(aa) Information which is exempted from disclosure
564		-	under Section 2.37 of the Wildlife Code.
565		-	(bb) Information which is or was prohibited from
566		-	disclosure by the Juvenile Court Act of 1987.
567		-	(cc) Recordings made under the Law Enforcement
568		-	Officer-Worn Body Camera Act, except to the extent
569		-	authorized under that Act.
570		-	(dd) Information that is prohibited from being
571		-	disclosed under Section 45 of the Condominium and Common
572		-	Interest Community Ombudsperson Act.
573		-	(ee) Information that is exempted from disclosure
574		-	under Section 30.1 of the Pharmacy Practice Act.
575	276
576	277
577		-	(ff) Information that is exempted from disclosure
578		-	under the Revised Uniform Unclaimed Property Act.
579		-	(gg) Information that is prohibited from being
580		-	disclosed under Section 7-603.5 of the Illinois Vehicle
581		-	Code.
582		-	(hh) Records that are exempt from disclosure under
583		-	Section 1A-16.7 of the Election Code.
584		-	(ii) Information which is exempted from disclosure
585		-	under Section 2505-800 of the Department of Revenue Law of
586		-	the Civil Administrative Code of Illinois.
587		-	(jj) Information and reports that are required to be
588		-	submitted to the Department of Labor by registering day
589		-	and temporary labor service agencies but are exempt from
590		-	disclosure under subsection (a-1) of Section 45 of the Day
591		-	and Temporary Labor Services Act.
592		-	(kk) Information prohibited from disclosure under the
593		-	Seizure and Forfeiture Reporting Act.
594		-	(ll) Information the disclosure of which is restricted
595		-	and exempted under Section 5-30.8 of the Illinois Public
596		-	Aid Code.
597		-	(mm) Records that are exempt from disclosure under
598		-	Section 4.2 of the Crime Victims Compensation Act.
599		-	(nn) Information that is exempt from disclosure under
600		-	Section 70 of the Higher Education Student Assistance Act.
601		-	(oo) Communications, notes, records, and reports
602		-	arising out of a peer support counseling session
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604	281
605		-	prohibited from disclosure under the First Responders
606		-	Suicide Prevention Act.
607		-	(pp) Names and all identifying information relating to
608		-	an employee of an emergency services provider or law
609		-	enforcement agency under the First Responders Suicide
610		-	Prevention Act.
611		-	(qq) Information and records held by the Department of
612		-	Public Health and its authorized representatives collected
613		-	under the Reproductive Health Act.
614		-	(rr) Information that is exempt from disclosure under
615		-	the Cannabis Regulation and Tax Act.
616		-	(ss) Data reported by an employer to the Department of
617		-	Human Rights pursuant to Section 2-108 of the Illinois
618		-	Human Rights Act.
619		-	(tt) Recordings made under the Children's Advocacy
620		-	Center Act, except to the extent authorized under that
621		-	Act.
622		-	(uu) Information that is exempt from disclosure under
623		-	Section 50 of the Sexual Assault Evidence Submission Act.
624		-	(vv) Information that is exempt from disclosure under
625		-	subsections (f) and (j) of Section 5-36 of the Illinois
626		-	Public Aid Code.
627		-	(ww) Information that is exempt from disclosure under
628		-	Section 16.8 of the State Treasurer Act.
629		-	(xx) Information that is exempt from disclosure or
630		-	information that shall not be made public under the
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	284	+	1 disposal of postconsumer architectural paint.
	285	+	2 (c) Independent audits conducted for the purposes of this
	286	+	3 Act must be conducted in accordance with generally accepted
	287	+	4 auditing standards. The work product of the independent
	288	+	5 auditor shall be submitted to the Agency as part of the annual
	289	+	6 report required by Section 40. The cost of any work performed
	290	+	7 by the independent auditor shall be funded by the program.
	291	+	8 (d) Not later than 60 days after submission of the plan
	292	+	9 under this Section, the Agency shall determine in writing
	293	+	10 whether to approve the plan as submitted or disapprove the
	294	+	11 plan. The Agency shall approve a plan if it contains all of the
	295	+	12 information required under subsection (b). If the plan is
	296	+	13 disapproved, the manufacturer or representative organization
	297	+	14 shall resubmit a plan within 45 calendar days of receipt of the
	298	+	15 notice of disapproval.
	299	+	16 (e) If a manufacturer or representative organization
	300	+	17 determines that the paint stewardship fee should be adjusted
	301	+	18 because the independent audit reveals that the cost of
	302	+	19 administering the program exceeds the revenues generated by
	303	+	20 the paint stewardship fee, the manufacturer or representative
	304	+	21 organization shall submit to the Agency a justification for
	305	+	22 the adjustment as well as financial reports to support the
	306	+	23 adjustment, including a 5-year projection of the financial
	307	+	24 status of the organization. The submission shall include a
	308	+	25 certification from an independent auditor that the proposed
	309	+	26 fee adjustment will generate revenues necessary and sufficient
631	310
632	311
633		-	Illinois Insurance Code.
634		-	(yy) Information prohibited from being disclosed under
635		-	the Illinois Educational Labor Relations Act.
636		-	(zz) Information prohibited from being disclosed under
637		-	the Illinois Public Labor Relations Act.
638		-	(aaa) Information prohibited from being disclosed
639		-	under Section 1-167 of the Illinois Pension Code.
640		-	(bbb) Information that is prohibited from disclosure
641		-	by the Illinois Police Training Act and the Illinois State
642		-	Police Act.
643		-	(ccc) Records exempt from disclosure under Section
644		-	2605-304 of the Illinois State Police Law of the Civil
645		-	Administrative Code of Illinois.
646		-	(ddd) Information prohibited from being disclosed
647		-	under Section 35 of the Address Confidentiality for
648		-	Victims of Domestic Violence, Sexual Assault, Human
649		-	Trafficking, or Stalking Act.
650		-	(eee) Information prohibited from being disclosed
651		-	under subsection (b) of Section 75 of the Domestic
652		-	Violence Fatality Review Act.
653		-	(fff) Images from cameras under the Expressway Camera
654		-	Act. This subsection (fff) is inoperative on and after
655		-	July 1, 2023.
656		-	(ggg) Information prohibited from disclosure under
657		-	paragraph (3) of subsection (a) of Section 14 of the Nurse
658		-	Agency Licensing Act.
659	312
660	313
661		-	(hhh) Information submitted to the Illinois Department
662		-	of State Police in an affidavit or application for an
663		-	assault weapon endorsement, assault weapon attachment
664		-	endorsement, .50 caliber rifle endorsement, or .50 caliber
665		-	cartridge endorsement under the Firearm Owners
666		-	Identification Card Act.
667		-	(iii) Confidential business information prohibited
668		-	from disclosure under Section 45 of the Paint Stewardship
669		-	Act.
670		-	(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
671		-	101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
672		-	1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
673		-	eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
674		-	101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
675		-	1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
676		-	eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
677		-	102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
678		-	7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
679		-	2-13-23.)
680		-	Section 910. The Environmental Protection Act is amended
681		-	by changing Section 22.25 as follows:
682		-	(415 ILCS 5/22.15)
683		-	Sec. 22.15. Solid Waste Management Fund; fees.
684		-	(a) There is hereby created within the State Treasury a
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685	316
686	317
687		-	special fund to be known as the Solid Waste Management Fund, to
688		-	be constituted from the fees collected by the State pursuant
689		-	to this Section, from repayments of loans made from the Fund
690		-	for solid waste projects, from registration fees collected
691		-	pursuant to the Consumer Electronics Recycling Act, from fees
692		-	collected under the Paint Stewardship Act, and from amounts
693		-	transferred into the Fund pursuant to Public Act 100-433.
694		-	Moneys received by either the Agency or the Department of
695		-	Commerce and Economic Opportunity in repayment of loans made
696		-	pursuant to the Illinois Solid Waste Management Act shall be
697		-	deposited into the General Revenue Fund.
698		-	(b) The Agency shall assess and collect a fee in the amount
699		-	set forth herein from the owner or operator of each sanitary
700		-	landfill permitted or required to be permitted by the Agency
701		-	to dispose of solid waste if the sanitary landfill is located
702		-	off the site where such waste was produced and if such sanitary
703		-	landfill is owned, controlled, and operated by a person other
704		-	than the generator of such waste. The Agency shall deposit all
705		-	fees collected into the Solid Waste Management Fund. If a site
706		-	is contiguous to one or more landfills owned or operated by the
707		-	same person, the volumes permanently disposed of by each
708		-	landfill shall be combined for purposes of determining the fee
709		-	under this subsection. Beginning on July 1, 2018, and on the
710		-	first day of each month thereafter during fiscal years 2019
711		-	through 2023, the State Comptroller shall direct and State
712		-	Treasurer shall transfer an amount equal to 1/12 of $5,000,000
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	320	+	1 to pay the program expenses, including any accumulated debt,
	321	+	2 and develop a reasonable reserve level sufficient to sustain
	322	+	3 the program. The Agency shall approve the fee adjustment if
	323	+	4 the submission contains all of the information required under
	324	+	5 this subsection.
	325	+	6 (f) Within 45 calendar days after Agency approval of a
	326	+	7 plan, the Agency shall post on its website, and the
	327	+	8 manufacturer or representative organization shall post on its
	328	+	9 website, the names of the manufacturers participating in the
	329	+	10 plan, the brands of architectural paint covered by the
	330	+	11 program, and a copy of the plan.
	331	+	12 (g) Each manufacturer under the plan shall include in the
	332	+	13 price of any architectural paint sold to retailers or
	333	+	14 distributors in the State the per container amount of the fee
	334	+	15 set forth in the plan or fee adjustment. If a representative
	335	+	16 organization is implementing the plan for a manufacturer, the
	336	+	17 manufacturer is responsible for filing, reporting, and
	337	+	18 remitting the paint stewardship fee assessment for each
	338	+	19 container of architectural paint to the representative
	339	+	20 organization. A retailer or distributor shall not deduct the
	340	+	21 amount of the fee from the purchase price of any paint it
	341	+	22 sells.
	342	+	23 Section 20. Incineration prohibited. No person shall
	343	+	24 incinerate architectural paint collected pursuant to a paint
	344	+	25 stewardship plan approved in accordance with Section 15.
713	345
714	346
715		-	per fiscal year from the Solid Waste Management Fund to the
716		-	General Revenue Fund.
717		-	(1) If more than 150,000 cubic yards of non-hazardous
718		-	solid waste is permanently disposed of at a site in a
719		-	calendar year, the owner or operator shall either pay a
720		-	fee of 95 cents per cubic yard or, alternatively, the
721		-	owner or operator may weigh the quantity of the solid
722		-	waste permanently disposed of with a device for which
723		-	certification has been obtained under the Weights and
724		-	Measures Act and pay a fee of $2.00 per ton of solid waste
725		-	permanently disposed of. In no case shall the fee
726		-	collected or paid by the owner or operator under this
727		-	paragraph exceed $1.55 per cubic yard or $3.27 per ton.
728		-	(2) If more than 100,000 cubic yards but not more than
729		-	150,000 cubic yards of non-hazardous waste is permanently
730		-	disposed of at a site in a calendar year, the owner or
731		-	operator shall pay a fee of $52,630.
732		-	(3) If more than 50,000 cubic yards but not more than
733		-	100,000 cubic yards of non-hazardous solid waste is
734		-	permanently disposed of at a site in a calendar year, the
735		-	owner or operator shall pay a fee of $23,790.
736		-	(4) If more than 10,000 cubic yards but not more than
737		-	50,000 cubic yards of non-hazardous solid waste is
738		-	permanently disposed of at a site in a calendar year, the
739		-	owner or operator shall pay a fee of $7,260.
740		-	(5) If not more than 10,000 cubic yards of
741	347
742	348
743		-	non-hazardous solid waste is permanently disposed of at a
744		-	site in a calendar year, the owner or operator shall pay a
745		-	fee of $1050.
746		-	(c) (Blank).
747		-	(d) The Agency shall establish rules relating to the
748		-	collection of the fees authorized by this Section. Such rules
749		-	shall include, but not be limited to:
750		-	(1) necessary records identifying the quantities of
751		-	solid waste received or disposed;
752		-	(2) the form and submission of reports to accompany
753		-	the payment of fees to the Agency;
754		-	(3) the time and manner of payment of fees to the
755		-	Agency, which payments shall not be more often than
756		-	quarterly; and
757		-	(4) procedures setting forth criteria establishing
758		-	when an owner or operator may measure by weight or volume
759		-	during any given quarter or other fee payment period.
760		-	(e) Pursuant to appropriation, all monies in the Solid
761		-	Waste Management Fund shall be used by the Agency for the
762		-	purposes set forth in this Section and in the Illinois Solid
763		-	Waste Management Act, including for the costs of fee
764		-	collection and administration, for administration of the Paint
765		-	Stewardship Act, and for the administration of the Consumer
766		-	Electronics Recycling Act and the Drug Take-Back Act.
767		-	(f) The Agency is authorized to enter into such agreements
768		-	and to promulgate such rules as are necessary to carry out its
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770	352
771		-	~~duties under this Section and the Illinois Solid Waste~~
772		-	~~Management Act.~~
773		-	~~(g) On~~ the ~~first day of January, April, July, and October~~
774		-	~~of each year,~~ ~~beginning on July 1,~~ ~~1996,~~ the ~~State Comptroller~~
775		-	~~and Treasurer shall transfer $500,000 from the Solid Waste~~
776		-	~~Management Fund to the Hazardous Waste Fund~~. ~~Moneys~~
777		-	~~transferred under this subsection~~ (g) shall ~~be used only~~ for
778		-	~~the purposes set forth~~ in ~~item (1) of subsection (d) of Section~~
779		-	~~22.2.~~
780		-	~~(h) The Agency~~ is ~~authorized to provide financial~~
781		-	~~assistance to units of local government for the performance of~~
782		-	~~inspecting, investigating,~~ ~~and enforcement activities pursuant~~
783		-	~~to subsection (r) of Section 4 Section 4(r) at nonhazardous~~
784		-	~~solid waste disposal sites.~~
785		-	~~(i) The~~ Agency ~~is authorized~~ to ~~conduct household waste~~
786		-	collection ~~and disposal programs.~~
787		-	~~(j) A unit of local government,~~ ~~as defined in~~ the ~~Local~~
788		-	~~Solid Waste Disposal Act,~~ ~~in which a solid waste disposal~~
789		-	~~facility~~ is ~~located may establish~~ a ~~fee, tax, or surcharge~~
790		-	~~with regard to the permanent disposal of solid waste~~. ~~All~~
791		-	~~fees~~, ~~taxes, and surcharges collected under this subsection~~
792		-	~~shall be utilized for solid waste management purposes~~,
793		-	~~including long-term~~ ~~monitoring and maintenance of landfills,~~
794		-	~~planning~~, ~~implementation, inspection, enforcement and other~~
795		-	~~activities consistent with the Solid Waste Management Act and~~
796		-	~~the Local Solid Waste Disposal Act~~, or ~~for~~ any other
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	355	+	1 Section 25. Plan submission. The plan required by Section
	356	+	2 15 shall be submitted not later than 12 months after the
	357	+	3 effective date of this Act.
	358	+	4 Section 30. Sale of paint.
	359	+	5 (a) A manufacturer or retailer shall not sell or offer for
	360	+	6 sale architectural paint to any person in the State unless the
	361	+	7 manufacturer of the paint brand or the manufacturer's
	362	+	8 representative organization is implementing a paint
	363	+	9 stewardship plan approved in accordance with Section 15.
	364	+	10 (b) A retailer shall not be in violation of subsection (a)
	365	+	11 if, on the date the architectural paint was sold or offered for
	366	+	12 sale, the paint or the paint's manufacturer are listed on the
	367	+	13 Agency's website pursuant to subsection (f) of Section 15.
	368	+	14 (c) A paint collection site accepting paint for a program
	369	+	15 approved under this Act shall not charge for the collection of
	370	+	16 the paint when it is offered for collection.
	371	+	17 (d) No retailer is required to participate in a paint
	372	+	18 stewardship program as a collection site. A retailer may
	373	+	19 participate as a paint collection site on a voluntary basis,
	374	+	20 subject to the same terms, conditions, and requirements that
	375	+	21 apply to any other collection site.
	376	+	22 (e) Nothing in this Act shall require a retailer to track,
	377	+	23 file, report, submit, or remit a paint stewardship assessment,
	378	+	24 sales data, or any other information on behalf of a
797	379
798	380
799		-	environment-related purpose, including, but not limited to, an
800		-	environment-related public works project, but not for the
801		-	construction of a new pollution control facility other than a
802		-	household hazardous waste facility. However, the total fee,
803		-	tax or surcharge imposed by all units of local government
804		-	under this subsection (j) upon the solid waste disposal
805		-	facility shall not exceed:
806		-	(1) 60 per cubic yard if more than 150,000 cubic
807		-	yards of non-hazardous solid waste is permanently disposed
808		-	of at the site in a calendar year, unless the owner or
809		-	operator weighs the quantity of the solid waste received
810		-	with a device for which certification has been obtained
811		-	under the Weights and Measures Act, in which case the fee
812		-	shall not exceed $1.27 per ton of solid waste permanently
813		-	disposed of.
814		-	(2) $33,350 if more than 100,000 cubic yards, but not
815		-	more than 150,000 cubic yards, of non-hazardous waste is
816		-	permanently disposed of at the site in a calendar year.
817		-	(3) $15,500 if more than 50,000 cubic yards, but not
818		-	more than 100,000 cubic yards, of non-hazardous solid
819		-	waste is permanently disposed of at the site in a calendar
820		-	year.
821		-	(4) $4,650 if more than 10,000 cubic yards, but not
822		-	more than 50,000 cubic yards, of non-hazardous solid waste
823		-	is permanently disposed of at the site in a calendar year.
824		-	(5) $650 if not more than 10,000 cubic yards of
825	381
826	382
827		-	non-hazardous solid waste is permanently disposed of at
828		-	the site in a calendar year.
829		-	The corporate authorities of the unit of local government
830		-	may use proceeds from the fee, tax, or surcharge to reimburse a
831		-	highway commissioner whose road district lies wholly or
832		-	partially within the corporate limits of the unit of local
833		-	government for expenses incurred in the removal of
834		-	nonhazardous, nonfluid municipal waste that has been dumped on
835		-	public property in violation of a State law or local
836		-	ordinance.
837		-	For the disposal of solid waste from general construction
838		-	or demolition debris recovery facilities as defined in
839		-	subsection (a-1) of Section 3.160, the total fee, tax, or
840		-	surcharge imposed by all units of local government under this
841		-	subsection (j) upon the solid waste disposal facility shall
842		-	not exceed 50% of the applicable amount set forth above. A unit
843		-	of local government, as defined in the Local Solid Waste
844		-	Disposal Act, in which a general construction or demolition
845		-	debris recovery facility is located may establish a fee, tax,
846		-	or surcharge on the general construction or demolition debris
847		-	recovery facility with regard to the permanent disposal of
848		-	solid waste by the general construction or demolition debris
849		-	recovery facility at a solid waste disposal facility, provided
850		-	that such fee, tax, or surcharge shall not exceed 50% of the
851		-	applicable amount set forth above, based on the total amount
852		-	of solid waste transported from the general construction or
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854	386
855		-	~~demolition debris recovery facility for disposal at solid~~
856		-	~~waste disposal facilities,~~ ~~and the unit of local government~~
857		-	~~and fee shall be subject to all other requirements of this~~
858		-	~~subsection (j).~~
859		-	~~A county or Municipal Joint Action Agency that imposes a~~
860		-	~~fee, tax,~~ or ~~surcharge under this subsection may use the~~
861		-	~~proceeds thereof to reimburse~~ a ~~municipality that lies wholly~~
862		-	~~or partially within its boundaries~~ for ~~expenses incurred in~~
863		-	~~the removal~~ of ~~nonhazardous~~, ~~nonfluid municipal waste that has~~
864		-	~~been dumped on public property~~ in ~~violation of a State law or~~
865		-	~~local ordinance~~.
866		-	~~If the fees are to be used to conduct a local sanitary~~
867		-	~~landfill inspection~~ or ~~enforcement program, the unit of local~~
868		-	~~government must enter into~~ a ~~written delegation agreement with~~
869		-	~~the Agency pursuant to subsection (r)~~ of ~~Section 4.~~ The ~~unit of~~
870		-	~~local government and~~ the ~~Agency shall enter into such a~~
871		-	~~written delegation agreement within 60 days after the~~
872		-	~~establishment~~ of ~~such fees. At least annually,~~ the ~~Agency~~
873		-	~~shall conduct an audit of~~ the ~~expenditures made~~ by ~~units of~~
874		-	~~local government from~~ the ~~funds granted by the Agency to the~~
875		-	~~units~~ of ~~local government for purposes of local sanitary~~
876		-	~~landfill inspection~~ and ~~enforcement programs, to ensure that~~
877		-	~~the funds have been expended for~~ the ~~prescribed purposes under~~
878		-	~~the grant.~~
879		-	The ~~fees, taxes or surcharges collected under this~~
880		-	~~subsection (j) shall be placed by~~ the ~~unit of local government~~
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	389	+	1 manufacturer, distributor, or representative organization.
	390	+	2 Nothing in this Act prohibits a manufacturer and a retailer
	391	+	3 from entering into remitter agreements.
	392	+	4 Section 35. Liability. A manufacturer or representative
	393	+	5 organization participating in a postconsumer paint stewardship
	394	+	6 program shall not be liable for any claim of a violation of
	395	+	7 antitrust, restraint of trade, unfair trade practice, or other
	396	+	8 anticompetitive conduct arising from conduct undertaken in
	397	+	9 accordance with the program.
	398	+	10 Section 40. Annual report. By July 1, 2026, and each July 1
	399	+	11 thereafter, a manufacturer or representative organization
	400	+	12 shall submit a report to the Agency that details the
	401	+	13 implementation of the manufacturer's or representative
	402	+	14 organization's program during the prior calendar year. The
	403	+	15 report shall include:
	404	+	16 (1) a description of the methods used to collect and
	405	+	17 transport the postconsumer paint collected by the program;
	406	+	18 (2) the volume and type of postconsumer paint
	407	+	19 collected and a description of the methods used to process
	408	+	20 the paint, including reuse, recycling, and other methods;
	409	+	21 (3) samples of the educational materials provided to
	410	+	22 consumers of architectural paint; and
	411	+	23 (4) the total cost of the program and an independent
	412	+	24 financial audit of the program. An independent financial
881	413
882	414
883		-	in a separate fund, and the interest received on the moneys in
884		-	the fund shall be credited to the fund. The monies in the fund
885		-	may be accumulated over a period of years to be expended in
886		-	accordance with this subsection.
887		-	A unit of local government, as defined in the Local Solid
888		-	Waste Disposal Act, shall prepare and post on its website, in
889		-	April of each year, a report that details spending plans for
890		-	monies collected in accordance with this subsection. The
891		-	report will at a minimum include the following:
892		-	(1) The total monies collected pursuant to this
893		-	subsection.
894		-	(2) The most current balance of monies collected
895		-	pursuant to this subsection.
896		-	(3) An itemized accounting of all monies expended for
897		-	the previous year pursuant to this subsection.
898		-	(4) An estimation of monies to be collected for the
899		-	following 3 years pursuant to this subsection.
900		-	(5) A narrative detailing the general direction and
901		-	scope of future expenditures for one, 2 and 3 years.
902		-	The exemptions granted under Sections 22.16 and 22.16a,
903		-	and under subsection (k) of this Section, shall be applicable
904		-	to any fee, tax or surcharge imposed under this subsection
905		-	(j); except that the fee, tax or surcharge authorized to be
906		-	imposed under this subsection (j) may be made applicable by a
907		-	unit of local government to the permanent disposal of solid
908		-	waste after December 31, 1986, under any contract lawfully
909	415
910	416
911		-	executed before June 1, 1986 under which more than 150,000
912		-	cubic yards (or 50,000 tons) of solid waste is to be
913		-	permanently disposed of, even though the waste is exempt from
914		-	the fee imposed by the State under subsection (b) of this
915		-	Section pursuant to an exemption granted under Section 22.16.
916		-	(k) In accordance with the findings and purposes of the
917		-	Illinois Solid Waste Management Act, beginning January 1, 1989
918		-	the fee under subsection (b) and the fee, tax or surcharge
919		-	under subsection (j) shall not apply to:
920		-	(1) waste which is hazardous waste;
921		-	(2) waste which is pollution control waste;
922		-	(3) waste from recycling, reclamation or reuse
923		-	processes which have been approved by the Agency as being
924		-	designed to remove any contaminant from wastes so as to
925		-	render such wastes reusable, provided that the process
926		-	renders at least 50% of the waste reusable; the exemption
927		-	set forth in this paragraph (3) of this subsection (k)
928		-	shall not apply to general construction or demolition
929		-	debris recovery facilities as defined in subsection (a-1)
930		-	of Section 3.160;
931		-	(4) non-hazardous solid waste that is received at a
932		-	sanitary landfill and composted or recycled through a
933		-	process permitted by the Agency; or
934		-	(5) any landfill which is permitted by the Agency to
935		-	receive only demolition or construction debris or
936		-	landscape waste.
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938	420
939		-	(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
940		-	102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
941		-	8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
942		-	102-1055, eff. 6-10-22; revised 8-25-22.)
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	423	+	1 auditor shall be chosen by the manufacturer or
	424	+	2 representative organization.
	425	+	3 The Agency and the manufacturer or manufacturer's
	426	+	4 representative organization shall post a copy of each annual
	427	+	5 report on their websites.
	428	+	6 Section 45. Disclosure. Financial, production, or sales
	429	+	7 data reported to the Agency by a manufacturer, retailer, or
	430	+	8 representative organization is confidential business
	431	+	9 information that is exempt from disclosure under the Freedom
	432	+	10 of Information Act.
	433	+	11 Section 50. Program plan submission fee. A manufacturer or
	434	+	12 representative organization submitting a program plan shall
	435	+	13 pay an administrative fee of $10,000 to the Agency at the time
	436	+	14 of submission.
	437	+	15 Section 55. Administration fee. By July 1, 2026, and each
	438	+	16 July 1 thereafter, a manufacturer or representative
	439	+	17 organization operating a stewardship program shall remit to
	440	+	18 the Agency a $40,000 administration fee.
	441	+	19 Section 57. Agency fees. All fees submitted to the Agency
	442	+	20 under this Act shall be deposited into the Solid Waste
	443	+	21 Management Fund to be used for costs associated with the
	444	+	22 administration of this Act.
	445	+
	446	+
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	455	+	1 Section 60. Implementation. Six months following the date
	456	+	2 of the program approval, a manufacturer or representative
	457	+	3 organization shall implement a postconsumer paint collection
	458	+	4 plan approved in accordance with Section 15.
	459	+	5 Section 65. Postconsumer paint from households and small
	460	+	6 businesses.
	461	+	7 (a) Delivery of leftover architectural paint by households
	462	+	8 and very small quantity generators to a collection site is
	463	+	9 authorized to the extent provided in the postconsumer paint
	464	+	10 program approved in accordance with Section 15 and in
	465	+	11 accordance with federal and State law, rules, and regulations.
	466	+	12 (b) Collection sites shall accept and temporarily store
	467	+	13 architectural paint from households and very small quantity
	468	+	14 generators to the extent provided in the postconsumer paint
	469	+	15 stewardship program approved in accordance with Section 15 and
	470	+	16 in accordance with federal and State law, rules, and
	471	+	17 regulations.
	472	+	18 (c) Nothing in this Act shall be construed as restricting
	473	+	19 the collection of architectural paint by a postconsumer paint
	474	+	20 stewardship program where the collection is authorized under
	475	+	21 any otherwise applicable hazardous waste or solid waste laws,
	476	+	22 rules, or regulations.
	477	+	23 (d) Nothing in this Act shall be construed to affect any
	478	+	24 requirements applicable to any person under any otherwise
	479	+
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	481	+
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	489	+	1 applicable hazardous waste or solid waste laws, rules, or
	490	+	2 regulations.
	491	+	3 Section 70. Penalties.
	492	+	4 (a) Any person who violates any provision of this Act is
	493	+	5 liable for a civil penalty of $7,000 per violation, except
	494	+	6 that the failure to register or pay a fee under this Act shall
	495	+	7 cause the person who fails to register or pay the fee to be
	496	+	8 liable for a civil penalty that is double the applicable
	497	+	9 registration fee.
	498	+	10 (b) The penalties provided for in this Section may be
	499	+	11 recovered in a civil action brought in the name of the people
	500	+	12 of the State of Illinois by the State's Attorney of the county
	501	+	13 in which the violation occurred or by the Attorney General.
	502	+	14 Any penalties collected under this Section in an action in
	503	+	15 which the Attorney General has prevailed shall be deposited
	504	+	16 into the Environmental Protection Trust Fund, to be used in
	505	+	17 accordance with the provision of the Environmental Protection
	506	+	18 Trust Fund Act.
	507	+	19 (c) The Attorney General or the State's Attorney of a
	508	+	20 county in which a violation occurs may institute a civil
	509	+	21 action for an injunction, prohibitory or mandatory, to
	510	+	22 restrain violations of this Act or to require such actions as
	511	+	23 may be necessary to address violations of this Act.
	512	+	24 (d) The penalties and injunctions provided in this Act are
	513	+	25 in addition to any penalties, injunctions, or other relief
	514	+
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	524	+	1 provided under any other State law. Nothing in this Act bars a
	525	+	2 cause of action by the State for any other penalty,
	526	+	3 injunction, or other relief provided by any other law.
	527	+	4 (e) Any person who knowingly makes a false, fictitious, or
	528	+	5 fraudulent material statement, orally or in writing, to the
	529	+	6 Agency, related to or required by this Act or any rule adopted
	530	+	7 under this Act commits a Class 4 felony, and each such
	531	+	8 statement or writing shall be considered a separate Class 4
	532	+	9 felony. A person who, after being convicted under this
	533	+	10 subsection, violates this subsection a second or subsequent
	534	+	11 time commits a Class 3 felony.
	535	+	12 Section 905. The Freedom of Information Act is amended by
	536	+	13 changing Section 7.5 as follows:
	537	+	14 (5 ILCS 140/7.5)
	538	+	15 Sec. 7.5. Statutory exemptions. To the extent provided for
	539	+	16 by the statutes referenced below, the following shall be
	540	+	17 exempt from inspection and copying:
	541	+	18 (a) All information determined to be confidential
	542	+	19 under Section 4002 of the Technology Advancement and
	543	+	20 Development Act.
	544	+	21 (b) Library circulation and order records identifying
	545	+	22 library users with specific materials under the Library
	546	+	23 Records Confidentiality Act.
	547	+	24 (c) Applications, related documents, and medical
	548	+
	549	+
	550	+
	551	+
	552	+
	553	+	SB0836 Enrolled - 16 - LRB103 03291 CPF 48297 b
	554	+
	555	+
	556	+	SB0836 Enrolled- 17 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 17 - LRB103 03291 CPF 48297 b
	557	+	SB0836 Enrolled - 17 - LRB103 03291 CPF 48297 b
	558	+	1 records received by the Experimental Organ Transplantation
	559	+	2 Procedures Board and any and all documents or other
	560	+	3 records prepared by the Experimental Organ Transplantation
	561	+	4 Procedures Board or its staff relating to applications it
	562	+	5 has received.
	563	+	6 (d) Information and records held by the Department of
	564	+	7 Public Health and its authorized representatives relating
	565	+	8 to known or suspected cases of sexually transmissible
	566	+	9 disease or any information the disclosure of which is
	567	+	10 restricted under the Illinois Sexually Transmissible
	568	+	11 Disease Control Act.
	569	+	12 (e) Information the disclosure of which is exempted
	570	+	13 under Section 30 of the Radon Industry Licensing Act.
	571	+	14 (f) Firm performance evaluations under Section 55 of
	572	+	15 the Architectural, Engineering, and Land Surveying
	573	+	16 Qualifications Based Selection Act.
	574	+	17 (g) Information the disclosure of which is restricted
	575	+	18 and exempted under Section 50 of the Illinois Prepaid
	576	+	19 Tuition Act.
	577	+	20 (h) Information the disclosure of which is exempted
	578	+	21 under the State Officials and Employees Ethics Act, and
	579	+	22 records of any lawfully created State or local inspector
	580	+	23 general's office that would be exempt if created or
	581	+	24 obtained by an Executive Inspector General's office under
	582	+	25 that Act.
	583	+	26 (i) Information contained in a local emergency energy
	584	+
	585	+
	586	+
	587	+
	588	+
	589	+	SB0836 Enrolled - 17 - LRB103 03291 CPF 48297 b
	590	+
	591	+
	592	+	SB0836 Enrolled- 18 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 18 - LRB103 03291 CPF 48297 b
	593	+	SB0836 Enrolled - 18 - LRB103 03291 CPF 48297 b
	594	+	1 plan submitted to a municipality in accordance with a
	595	+	2 local emergency energy plan ordinance that is adopted
	596	+	3 under Section 11-21.5-5 of the Illinois Municipal Code.
	597	+	4 (j) Information and data concerning the distribution
	598	+	5 of surcharge moneys collected and remitted by carriers
	599	+	6 under the Emergency Telephone System Act.
	600	+	7 (k) Law enforcement officer identification information
	601	+	8 or driver identification information compiled by a law
	602	+	9 enforcement agency or the Department of Transportation
	603	+	10 under Section 11-212 of the Illinois Vehicle Code.
	604	+	11 (l) Records and information provided to a residential
	605	+	12 health care facility resident sexual assault and death
	606	+	13 review team or the Executive Council under the Abuse
	607	+	14 Prevention Review Team Act.
	608	+	15 (m) Information provided to the predatory lending
	609	+	16 database created pursuant to Article 3 of the Residential
	610	+	17 Real Property Disclosure Act, except to the extent
	611	+	18 authorized under that Article.
	612	+	19 (n) Defense budgets and petitions for certification of
	613	+	20 compensation and expenses for court appointed trial
	614	+	21 counsel as provided under Sections 10 and 15 of the
	615	+	22 Capital Crimes Litigation Act. This subsection (n) shall
	616	+	23 apply until the conclusion of the trial of the case, even
	617	+	24 if the prosecution chooses not to pursue the death penalty
	618	+	25 prior to trial or sentencing.
	619	+	26 (o) Information that is prohibited from being
	620	+
	621	+
	622	+
	623	+
	624	+
	625	+	SB0836 Enrolled - 18 - LRB103 03291 CPF 48297 b
	626	+
	627	+
	628	+	SB0836 Enrolled- 19 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 19 - LRB103 03291 CPF 48297 b
	629	+	SB0836 Enrolled - 19 - LRB103 03291 CPF 48297 b
	630	+	1 disclosed under Section 4 of the Illinois Health and
	631	+	2 Hazardous Substances Registry Act.
	632	+	3 (p) Security portions of system safety program plans,
	633	+	4 investigation reports, surveys, schedules, lists, data, or
	634	+	5 information compiled, collected, or prepared by or for the
	635	+	6 Department of Transportation under Sections 2705-300 and
	636	+	7 2705-616 of the Department of Transportation Law of the
	637	+	8 Civil Administrative Code of Illinois, the Regional
	638	+	9 Transportation Authority under Section 2.11 of the
	639	+	10 Regional Transportation Authority Act, or the St. Clair
	640	+	11 County Transit District under the Bi-State Transit Safety
	641	+	12 Act.
	642	+	13 (q) Information prohibited from being disclosed by the
	643	+	14 Personnel Record Review Act.
	644	+	15 (r) Information prohibited from being disclosed by the
	645	+	16 Illinois School Student Records Act.
	646	+	17 (s) Information the disclosure of which is restricted
	647	+	18 under Section 5-108 of the Public Utilities Act.
	648	+	19 (t) All identified or deidentified health information
	649	+	20 in the form of health data or medical records contained
	650	+	21 in, stored in, submitted to, transferred by, or released
	651	+	22 from the Illinois Health Information Exchange, and
	652	+	23 identified or deidentified health information in the form
	653	+	24 of health data and medical records of the Illinois Health
	654	+	25 Information Exchange in the possession of the Illinois
	655	+	26 Health Information Exchange Office due to its
	656	+
	657	+
	658	+
	659	+
	660	+
	661	+	SB0836 Enrolled - 19 - LRB103 03291 CPF 48297 b
	662	+
	663	+
	664	+	SB0836 Enrolled- 20 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 20 - LRB103 03291 CPF 48297 b
	665	+	SB0836 Enrolled - 20 - LRB103 03291 CPF 48297 b
	666	+	1 administration of the Illinois Health Information
	667	+	2 Exchange. The terms "identified" and "deidentified" shall
	668	+	3 be given the same meaning as in the Health Insurance
	669	+	4 Portability and Accountability Act of 1996, Public Law
	670	+	5 104-191, or any subsequent amendments thereto, and any
	671	+	6 regulations promulgated thereunder.
	672	+	7 (u) Records and information provided to an independent
	673	+	8 team of experts under the Developmental Disability and
	674	+	9 Mental Health Safety Act (also known as Brian's Law).
	675	+	10 (v) Names and information of people who have applied
	676	+	11 for or received Firearm Owner's Identification Cards under
	677	+	12 the Firearm Owners Identification Card Act or applied for
	678	+	13 or received a concealed carry license under the Firearm
	679	+	14 Concealed Carry Act, unless otherwise authorized by the
	680	+	15 Firearm Concealed Carry Act; and databases under the
	681	+	16 Firearm Concealed Carry Act, records of the Concealed
	682	+	17 Carry Licensing Review Board under the Firearm Concealed
	683	+	18 Carry Act, and law enforcement agency objections under the
	684	+	19 Firearm Concealed Carry Act.
	685	+	20 (v-5) Records of the Firearm Owner's Identification
	686	+	21 Card Review Board that are exempted from disclosure under
	687	+	22 Section 10 of the Firearm Owners Identification Card Act.
	688	+	23 (w) Personally identifiable information which is
	689	+	24 exempted from disclosure under subsection (g) of Section
	690	+	25 19.1 of the Toll Highway Act.
	691	+	26 (x) Information which is exempted from disclosure
	692	+
	693	+
	694	+
	695	+
	696	+
	697	+	SB0836 Enrolled - 20 - LRB103 03291 CPF 48297 b
	698	+
	699	+
	700	+	SB0836 Enrolled- 21 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 21 - LRB103 03291 CPF 48297 b
	701	+	SB0836 Enrolled - 21 - LRB103 03291 CPF 48297 b
	702	+	1 under Section 5-1014.3 of the Counties Code or Section
	703	+	2 8-11-21 of the Illinois Municipal Code.
	704	+	3 (y) Confidential information under the Adult
	705	+	4 Protective Services Act and its predecessor enabling
	706	+	5 statute, the Elder Abuse and Neglect Act, including
	707	+	6 information about the identity and administrative finding
	708	+	7 against any caregiver of a verified and substantiated
	709	+	8 decision of abuse, neglect, or financial exploitation of
	710	+	9 an eligible adult maintained in the Registry established
	711	+	10 under Section 7.5 of the Adult Protective Services Act.
	712	+	11 (z) Records and information provided to a fatality
	713	+	12 review team or the Illinois Fatality Review Team Advisory
	714	+	13 Council under Section 15 of the Adult Protective Services
	715	+	14 Act.
	716	+	15 (aa) Information which is exempted from disclosure
	717	+	16 under Section 2.37 of the Wildlife Code.
	718	+	17 (bb) Information which is or was prohibited from
	719	+	18 disclosure by the Juvenile Court Act of 1987.
	720	+	19 (cc) Recordings made under the Law Enforcement
	721	+	20 Officer-Worn Body Camera Act, except to the extent
	722	+	21 authorized under that Act.
	723	+	22 (dd) Information that is prohibited from being
	724	+	23 disclosed under Section 45 of the Condominium and Common
	725	+	24 Interest Community Ombudsperson Act.
	726	+	25 (ee) Information that is exempted from disclosure
	727	+	26 under Section 30.1 of the Pharmacy Practice Act.
	728	+
	729	+
	730	+
	731	+
	732	+
	733	+	SB0836 Enrolled - 21 - LRB103 03291 CPF 48297 b
	734	+
	735	+
	736	+	SB0836 Enrolled- 22 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 22 - LRB103 03291 CPF 48297 b
	737	+	SB0836 Enrolled - 22 - LRB103 03291 CPF 48297 b
	738	+	1 (ff) Information that is exempted from disclosure
	739	+	2 under the Revised Uniform Unclaimed Property Act.
	740	+	3 (gg) Information that is prohibited from being
	741	+	4 disclosed under Section 7-603.5 of the Illinois Vehicle
	742	+	5 Code.
	743	+	6 (hh) Records that are exempt from disclosure under
	744	+	7 Section 1A-16.7 of the Election Code.
	745	+	8 (ii) Information which is exempted from disclosure
	746	+	9 under Section 2505-800 of the Department of Revenue Law of
	747	+	10 the Civil Administrative Code of Illinois.
	748	+	11 (jj) Information and reports that are required to be
	749	+	12 submitted to the Department of Labor by registering day
	750	+	13 and temporary labor service agencies but are exempt from
	751	+	14 disclosure under subsection (a-1) of Section 45 of the Day
	752	+	15 and Temporary Labor Services Act.
	753	+	16 (kk) Information prohibited from disclosure under the
	754	+	17 Seizure and Forfeiture Reporting Act.
	755	+	18 (ll) Information the disclosure of which is restricted
	756	+	19 and exempted under Section 5-30.8 of the Illinois Public
	757	+	20 Aid Code.
	758	+	21 (mm) Records that are exempt from disclosure under
	759	+	22 Section 4.2 of the Crime Victims Compensation Act.
	760	+	23 (nn) Information that is exempt from disclosure under
	761	+	24 Section 70 of the Higher Education Student Assistance Act.
	762	+	25 (oo) Communications, notes, records, and reports
	763	+	26 arising out of a peer support counseling session
	764	+
	765	+
	766	+
	767	+
	768	+
	769	+	SB0836 Enrolled - 22 - LRB103 03291 CPF 48297 b
	770	+
	771	+
	772	+	SB0836 Enrolled- 23 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 23 - LRB103 03291 CPF 48297 b
	773	+	SB0836 Enrolled - 23 - LRB103 03291 CPF 48297 b
	774	+	1 prohibited from disclosure under the First Responders
	775	+	2 Suicide Prevention Act.
	776	+	3 (pp) Names and all identifying information relating to
	777	+	4 an employee of an emergency services provider or law
	778	+	5 enforcement agency under the First Responders Suicide
	779	+	6 Prevention Act.
	780	+	7 (qq) Information and records held by the Department of
	781	+	8 Public Health and its authorized representatives collected
	782	+	9 under the Reproductive Health Act.
	783	+	10 (rr) Information that is exempt from disclosure under
	784	+	11 the Cannabis Regulation and Tax Act.
	785	+	12 (ss) Data reported by an employer to the Department of
	786	+	13 Human Rights pursuant to Section 2-108 of the Illinois
	787	+	14 Human Rights Act.
	788	+	15 (tt) Recordings made under the Children's Advocacy
	789	+	16 Center Act, except to the extent authorized under that
	790	+	17 Act.
	791	+	18 (uu) Information that is exempt from disclosure under
	792	+	19 Section 50 of the Sexual Assault Evidence Submission Act.
	793	+	20 (vv) Information that is exempt from disclosure under
	794	+	21 subsections (f) and (j) of Section 5-36 of the Illinois
	795	+	22 Public Aid Code.
	796	+	23 (ww) Information that is exempt from disclosure under
	797	+	24 Section 16.8 of the State Treasurer Act.
	798	+	25 (xx) Information that is exempt from disclosure or
	799	+	26 information that shall not be made public under the
	800	+
	801	+
	802	+
	803	+
	804	+
	805	+	SB0836 Enrolled - 23 - LRB103 03291 CPF 48297 b
	806	+
	807	+
	808	+	SB0836 Enrolled- 24 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 24 - LRB103 03291 CPF 48297 b
	809	+	SB0836 Enrolled - 24 - LRB103 03291 CPF 48297 b
	810	+	1 Illinois Insurance Code.
	811	+	2 (yy) Information prohibited from being disclosed under
	812	+	3 the Illinois Educational Labor Relations Act.
	813	+	4 (zz) Information prohibited from being disclosed under
	814	+	5 the Illinois Public Labor Relations Act.
	815	+	6 (aaa) Information prohibited from being disclosed
	816	+	7 under Section 1-167 of the Illinois Pension Code.
	817	+	8 (bbb) Information that is prohibited from disclosure
	818	+	9 by the Illinois Police Training Act and the Illinois State
	819	+	10 Police Act.
	820	+	11 (ccc) Records exempt from disclosure under Section
	821	+	12 2605-304 of the Illinois State Police Law of the Civil
	822	+	13 Administrative Code of Illinois.
	823	+	14 (ddd) Information prohibited from being disclosed
	824	+	15 under Section 35 of the Address Confidentiality for
	825	+	16 Victims of Domestic Violence, Sexual Assault, Human
	826	+	17 Trafficking, or Stalking Act.
	827	+	18 (eee) Information prohibited from being disclosed
	828	+	19 under subsection (b) of Section 75 of the Domestic
	829	+	20 Violence Fatality Review Act.
	830	+	21 (fff) Images from cameras under the Expressway Camera
	831	+	22 Act. This subsection (fff) is inoperative on and after
	832	+	23 July 1, 2023.
	833	+	24 (ggg) Information prohibited from disclosure under
	834	+	25 paragraph (3) of subsection (a) of Section 14 of the Nurse
	835	+	26 Agency Licensing Act.
	836	+
	837	+
	838	+
	839	+
	840	+
	841	+	SB0836 Enrolled - 24 - LRB103 03291 CPF 48297 b
	842	+
	843	+
	844	+	SB0836 Enrolled- 25 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 25 - LRB103 03291 CPF 48297 b
	845	+	SB0836 Enrolled - 25 - LRB103 03291 CPF 48297 b
	846	+	1 (hhh) Information submitted to the Illinois Department
	847	+	2 of State Police in an affidavit or application for an
	848	+	3 assault weapon endorsement, assault weapon attachment
	849	+	4 endorsement, .50 caliber rifle endorsement, or .50 caliber
	850	+	5 cartridge endorsement under the Firearm Owners
	851	+	6 Identification Card Act.
	852	+	7 (iii) Confidential business information prohibited
	853	+	8 from disclosure under Section 45 of the Paint Stewardship
	854	+	9 Act.
	855	+	10 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
	856	+	11 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
	857	+	12 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
	858	+	13 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
	859	+	14 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
	860	+	15 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
	861	+	16 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
	862	+	17 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
	863	+	18 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
	864	+	19 2-13-23.)
	865	+	20 Section 910. The Environmental Protection Act is amended
	866	+	21 by changing Section 22.25 as follows:
	867	+	22 (415 ILCS 5/22.15)
	868	+	23 Sec. 22.15. Solid Waste Management Fund; fees.
	869	+	24 (a) There is hereby created within the State Treasury a
	870	+
	871	+
	872	+
	873	+
	874	+
	875	+	SB0836 Enrolled - 25 - LRB103 03291 CPF 48297 b
	876	+
	877	+
	878	+	SB0836 Enrolled- 26 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 26 - LRB103 03291 CPF 48297 b
	879	+	SB0836 Enrolled - 26 - LRB103 03291 CPF 48297 b
	880	+	1 special fund to be known as the Solid Waste Management Fund, to
	881	+	2 be constituted from the fees collected by the State pursuant
	882	+	3 to this Section, from repayments of loans made from the Fund
	883	+	4 for solid waste projects, from registration fees collected
	884	+	5 pursuant to the Consumer Electronics Recycling Act, from fees
	885	+	6 collected under the Paint Stewardship Act, and from amounts
	886	+	7 transferred into the Fund pursuant to Public Act 100-433.
	887	+	8 Moneys received by either the Agency or the Department of
	888	+	9 Commerce and Economic Opportunity in repayment of loans made
	889	+	10 pursuant to the Illinois Solid Waste Management Act shall be
	890	+	11 deposited into the General Revenue Fund.
	891	+	12 (b) The Agency shall assess and collect a fee in the amount
	892	+	13 set forth herein from the owner or operator of each sanitary
	893	+	14 landfill permitted or required to be permitted by the Agency
	894	+	15 to dispose of solid waste if the sanitary landfill is located
	895	+	16 off the site where such waste was produced and if such sanitary
	896	+	17 landfill is owned, controlled, and operated by a person other
	897	+	18 than the generator of such waste. The Agency shall deposit all
	898	+	19 fees collected into the Solid Waste Management Fund. If a site
	899	+	20 is contiguous to one or more landfills owned or operated by the
	900	+	21 same person, the volumes permanently disposed of by each
	901	+	22 landfill shall be combined for purposes of determining the fee
	902	+	23 under this subsection. Beginning on July 1, 2018, and on the
	903	+	24 first day of each month thereafter during fiscal years 2019
	904	+	25 through 2023, the State Comptroller shall direct and State
	905	+	26 Treasurer shall transfer an amount equal to 1/12 of $5,000,000
	906	+
	907	+
	908	+
	909	+
	910	+
	911	+	SB0836 Enrolled - 26 - LRB103 03291 CPF 48297 b
	912	+
	913	+
	914	+	SB0836 Enrolled- 27 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 27 - LRB103 03291 CPF 48297 b
	915	+	SB0836 Enrolled - 27 - LRB103 03291 CPF 48297 b
	916	+	1 per fiscal year from the Solid Waste Management Fund to the
	917	+	2 General Revenue Fund.
	918	+	3 (1) If more than 150,000 cubic yards of non-hazardous
	919	+	4 solid waste is permanently disposed of at a site in a
	920	+	5 calendar year, the owner or operator shall either pay a
	921	+	6 fee of 95 cents per cubic yard or, alternatively, the
	922	+	7 owner or operator may weigh the quantity of the solid
	923	+	8 waste permanently disposed of with a device for which
	924	+	9 certification has been obtained under the Weights and
	925	+	10 Measures Act and pay a fee of $2.00 per ton of solid waste
	926	+	11 permanently disposed of. In no case shall the fee
	927	+	12 collected or paid by the owner or operator under this
	928	+	13 paragraph exceed $1.55 per cubic yard or $3.27 per ton.
	929	+	14 (2) If more than 100,000 cubic yards but not more than
	930	+	15 150,000 cubic yards of non-hazardous waste is permanently
	931	+	16 disposed of at a site in a calendar year, the owner or
	932	+	17 operator shall pay a fee of $52,630.
	933	+	18 (3) If more than 50,000 cubic yards but not more than
	934	+	19 100,000 cubic yards of non-hazardous solid waste is
	935	+	20 permanently disposed of at a site in a calendar year, the
	936	+	21 owner or operator shall pay a fee of $23,790.
	937	+	22 (4) If more than 10,000 cubic yards but not more than
	938	+	23 50,000 cubic yards of non-hazardous solid waste is
	939	+	24 permanently disposed of at a site in a calendar year, the
	940	+	25 owner or operator shall pay a fee of $7,260.
	941	+	26 (5) If not more than 10,000 cubic yards of
	942	+
	943	+
	944	+
	945	+
	946	+
	947	+	SB0836 Enrolled - 27 - LRB103 03291 CPF 48297 b
	948	+
	949	+
	950	+	SB0836 Enrolled- 28 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 28 - LRB103 03291 CPF 48297 b
	951	+	SB0836 Enrolled - 28 - LRB103 03291 CPF 48297 b
	952	+	1 non-hazardous solid waste is permanently disposed of at a
	953	+	2 site in a calendar year, the owner or operator shall pay a
	954	+	3 fee of $1050.
	955	+	4 (c) (Blank).
	956	+	5 (d) The Agency shall establish rules relating to the
	957	+	6 collection of the fees authorized by this Section. Such rules
	958	+	7 shall include, but not be limited to:
	959	+	8 (1) necessary records identifying the quantities of
	960	+	9 solid waste received or disposed;
	961	+	10 (2) the form and submission of reports to accompany
	962	+	11 the payment of fees to the Agency;
	963	+	12 (3) the time and manner of payment of fees to the
	964	+	13 Agency, which payments shall not be more often than
	965	+	14 quarterly; and
	966	+	15 (4) procedures setting forth criteria establishing
	967	+	16 when an owner or operator may measure by weight or volume
	968	+	17 during any given quarter or other fee payment period.
	969	+	18 (e) Pursuant to appropriation, all monies in the Solid
	970	+	19 Waste Management Fund shall be used by the Agency for the
	971	+	20 purposes set forth in this Section and in the Illinois Solid
	972	+	21 Waste Management Act, including for the costs of fee
	973	+	22 collection and administration, for administration of the Paint
	974	+	23 Stewardship Act, and for the administration of the Consumer
	975	+	24 Electronics Recycling Act and the Drug Take-Back Act.
	976	+	25 (f) The Agency is authorized to enter into such agreements
	977	+	26 and to promulgate such rules as are necessary to carry out its
	978	+
	979	+
	980	+
	981	+
	982	+
	983	+	SB0836 Enrolled - 28 - LRB103 03291 CPF 48297 b
	984	+
	985	+
	986	+	SB0836 Enrolled- 29 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 29 - LRB103 03291 CPF 48297 b
	987	+	SB0836 Enrolled - 29 - LRB103 03291 CPF 48297 b
	988	+	1 duties under this Section and the Illinois Solid Waste
	989	+	2 Management Act.
	990	+	3 (g) On the first day of January, April, July, and October
	991	+	4 of each year, beginning on July 1, 1996, the State Comptroller
	992	+	5 and Treasurer shall transfer $500,000 from the Solid Waste
	993	+	6 Management Fund to the Hazardous Waste Fund. Moneys
	994	+	7 transferred under this subsection (g) shall be used only for
	995	+	8 the purposes set forth in item (1) of subsection (d) of Section
	996	+	9 22.2.
	997	+	10 (h) The Agency is authorized to provide financial
	998	+	11 assistance to units of local government for the performance of
	999	+	12 inspecting, investigating, and enforcement activities pursuant
	1000	+	13 to subsection (r) of Section 4 Section 4(r) at nonhazardous
	1001	+	14 solid waste disposal sites.
	1002	+	15 (i) The Agency is authorized to conduct household waste
	1003	+	16 collection and disposal programs.
	1004	+	17 (j) A unit of local government, as defined in the Local
	1005	+	18 Solid Waste Disposal Act, in which a solid waste disposal
	1006	+	19 facility is located may establish a fee, tax, or surcharge
	1007	+	20 with regard to the permanent disposal of solid waste. All
	1008	+	21 fees, taxes, and surcharges collected under this subsection
	1009	+	22 shall be utilized for solid waste management purposes,
	1010	+	23 including long-term monitoring and maintenance of landfills,
	1011	+	24 planning, implementation, inspection, enforcement and other
	1012	+	25 activities consistent with the Solid Waste Management Act and
	1013	+	26 the Local Solid Waste Disposal Act, or for any other
	1014	+
	1015	+
	1016	+
	1017	+
	1018	+
	1019	+	SB0836 Enrolled - 29 - LRB103 03291 CPF 48297 b
	1020	+
	1021	+
	1022	+	SB0836 Enrolled- 30 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 30 - LRB103 03291 CPF 48297 b
	1023	+	SB0836 Enrolled - 30 - LRB103 03291 CPF 48297 b
	1024	+	1 environment-related purpose, including, but not limited to, an
	1025	+	2 environment-related public works project, but not for the
	1026	+	3 construction of a new pollution control facility other than a
	1027	+	4 household hazardous waste facility. However, the total fee,
	1028	+	5 tax or surcharge imposed by all units of local government
	1029	+	6 under this subsection (j) upon the solid waste disposal
	1030	+	7 facility shall not exceed:
	1031	+	8 (1) 60 per cubic yard if more than 150,000 cubic
	1032	+	9 yards of non-hazardous solid waste is permanently disposed
	1033	+	10 of at the site in a calendar year, unless the owner or
	1034	+	11 operator weighs the quantity of the solid waste received
	1035	+	12 with a device for which certification has been obtained
	1036	+	13 under the Weights and Measures Act, in which case the fee
	1037	+	14 shall not exceed $1.27 per ton of solid waste permanently
	1038	+	15 disposed of.
	1039	+	16 (2) $33,350 if more than 100,000 cubic yards, but not
	1040	+	17 more than 150,000 cubic yards, of non-hazardous waste is
	1041	+	18 permanently disposed of at the site in a calendar year.
	1042	+	19 (3) $15,500 if more than 50,000 cubic yards, but not
	1043	+	20 more than 100,000 cubic yards, of non-hazardous solid
	1044	+	21 waste is permanently disposed of at the site in a calendar
	1045	+	22 year.
	1046	+	23 (4) $4,650 if more than 10,000 cubic yards, but not
	1047	+	24 more than 50,000 cubic yards, of non-hazardous solid waste
	1048	+	25 is permanently disposed of at the site in a calendar year.
	1049	+	26 (5) $650 if not more than 10,000 cubic yards of
	1050	+
	1051	+
	1052	+
	1053	+
	1054	+
	1055	+	SB0836 Enrolled - 30 - LRB103 03291 CPF 48297 b
	1056	+
	1057	+
	1058	+	SB0836 Enrolled- 31 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 31 - LRB103 03291 CPF 48297 b
	1059	+	SB0836 Enrolled - 31 - LRB103 03291 CPF 48297 b
	1060	+	1 non-hazardous solid waste is permanently disposed of at
	1061	+	2 the site in a calendar year.
	1062	+	3 The corporate authorities of the unit of local government
	1063	+	4 may use proceeds from the fee, tax, or surcharge to reimburse a
	1064	+	5 highway commissioner whose road district lies wholly or
	1065	+	6 partially within the corporate limits of the unit of local
	1066	+	7 government for expenses incurred in the removal of
	1067	+	8 nonhazardous, nonfluid municipal waste that has been dumped on
	1068	+	9 public property in violation of a State law or local
	1069	+	10 ordinance.
	1070	+	11 For the disposal of solid waste from general construction
	1071	+	12 or demolition debris recovery facilities as defined in
	1072	+	13 subsection (a-1) of Section 3.160, the total fee, tax, or
	1073	+	14 surcharge imposed by all units of local government under this
	1074	+	15 subsection (j) upon the solid waste disposal facility shall
	1075	+	16 not exceed 50% of the applicable amount set forth above. A unit
	1076	+	17 of local government, as defined in the Local Solid Waste
	1077	+	18 Disposal Act, in which a general construction or demolition
	1078	+	19 debris recovery facility is located may establish a fee, tax,
	1079	+	20 or surcharge on the general construction or demolition debris
	1080	+	21 recovery facility with regard to the permanent disposal of
	1081	+	22 solid waste by the general construction or demolition debris
	1082	+	23 recovery facility at a solid waste disposal facility, provided
	1083	+	24 that such fee, tax, or surcharge shall not exceed 50% of the
	1084	+	25 applicable amount set forth above, based on the total amount
	1085	+	26 of solid waste transported from the general construction or
	1086	+
	1087	+
	1088	+
	1089	+
	1090	+
	1091	+	SB0836 Enrolled - 31 - LRB103 03291 CPF 48297 b
	1092	+
	1093	+
	1094	+	SB0836 Enrolled- 32 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 32 - LRB103 03291 CPF 48297 b
	1095	+	SB0836 Enrolled - 32 - LRB103 03291 CPF 48297 b
	1096	+	1 demolition debris recovery facility for disposal at solid
	1097	+	2 waste disposal facilities, and the unit of local government
	1098	+	3 and fee shall be subject to all other requirements of this
	1099	+	4 subsection (j).
	1100	+	5 A county or Municipal Joint Action Agency that imposes a
	1101	+	6 fee, tax, or surcharge under this subsection may use the
	1102	+	7 proceeds thereof to reimburse a municipality that lies wholly
	1103	+	8 or partially within its boundaries for expenses incurred in
	1104	+	9 the removal of nonhazardous, nonfluid municipal waste that has
	1105	+	10 been dumped on public property in violation of a State law or
	1106	+	11 local ordinance.
	1107	+	12 If the fees are to be used to conduct a local sanitary
	1108	+	13 landfill inspection or enforcement program, the unit of local
	1109	+	14 government must enter into a written delegation agreement with
	1110	+	15 the Agency pursuant to subsection (r) of Section 4. The unit of
	1111	+	16 local government and the Agency shall enter into such a
	1112	+	17 written delegation agreement within 60 days after the
	1113	+	18 establishment of such fees. At least annually, the Agency
	1114	+	19 shall conduct an audit of the expenditures made by units of
	1115	+	20 local government from the funds granted by the Agency to the
	1116	+	21 units of local government for purposes of local sanitary
	1117	+	22 landfill inspection and enforcement programs, to ensure that
	1118	+	23 the funds have been expended for the prescribed purposes under
	1119	+	24 the grant.
	1120	+	25 The fees, taxes or surcharges collected under this
	1121	+	26 subsection (j) shall be placed by the unit of local government
	1122	+
	1123	+
	1124	+
	1125	+
	1126	+
	1127	+	SB0836 Enrolled - 32 - LRB103 03291 CPF 48297 b
	1128	+
	1129	+
	1130	+	SB0836 Enrolled- 33 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 33 - LRB103 03291 CPF 48297 b
	1131	+	SB0836 Enrolled - 33 - LRB103 03291 CPF 48297 b
	1132	+	1 in a separate fund, and the interest received on the moneys in
	1133	+	2 the fund shall be credited to the fund. The monies in the fund
	1134	+	3 may be accumulated over a period of years to be expended in
	1135	+	4 accordance with this subsection.
	1136	+	5 A unit of local government, as defined in the Local Solid
	1137	+	6 Waste Disposal Act, shall prepare and post on its website, in
	1138	+	7 April of each year, a report that details spending plans for
	1139	+	8 monies collected in accordance with this subsection. The
	1140	+	9 report will at a minimum include the following:
	1141	+	10 (1) The total monies collected pursuant to this
	1142	+	11 subsection.
	1143	+	12 (2) The most current balance of monies collected
	1144	+	13 pursuant to this subsection.
	1145	+	14 (3) An itemized accounting of all monies expended for
	1146	+	15 the previous year pursuant to this subsection.
	1147	+	16 (4) An estimation of monies to be collected for the
	1148	+	17 following 3 years pursuant to this subsection.
	1149	+	18 (5) A narrative detailing the general direction and
	1150	+	19 scope of future expenditures for one, 2 and 3 years.
	1151	+	20 The exemptions granted under Sections 22.16 and 22.16a,
	1152	+	21 and under subsection (k) of this Section, shall be applicable
	1153	+	22 to any fee, tax or surcharge imposed under this subsection
	1154	+	23 (j); except that the fee, tax or surcharge authorized to be
	1155	+	24 imposed under this subsection (j) may be made applicable by a
	1156	+	25 unit of local government to the permanent disposal of solid
	1157	+	26 waste after December 31, 1986, under any contract lawfully
	1158	+
	1159	+
	1160	+
	1161	+
	1162	+
	1163	+	SB0836 Enrolled - 33 - LRB103 03291 CPF 48297 b
	1164	+
	1165	+
	1166	+	SB0836 Enrolled- 34 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 34 - LRB103 03291 CPF 48297 b
	1167	+	SB0836 Enrolled - 34 - LRB103 03291 CPF 48297 b
	1168	+	1 executed before June 1, 1986 under which more than 150,000
	1169	+	2 cubic yards (or 50,000 tons) of solid waste is to be
	1170	+	3 permanently disposed of, even though the waste is exempt from
	1171	+	4 the fee imposed by the State under subsection (b) of this
	1172	+	5 Section pursuant to an exemption granted under Section 22.16.
	1173	+	6 (k) In accordance with the findings and purposes of the
	1174	+	7 Illinois Solid Waste Management Act, beginning January 1, 1989
	1175	+	8 the fee under subsection (b) and the fee, tax or surcharge
	1176	+	9 under subsection (j) shall not apply to:
	1177	+	10 (1) waste which is hazardous waste;
	1178	+	11 (2) waste which is pollution control waste;
	1179	+	12 (3) waste from recycling, reclamation or reuse
	1180	+	13 processes which have been approved by the Agency as being
	1181	+	14 designed to remove any contaminant from wastes so as to
	1182	+	15 render such wastes reusable, provided that the process
	1183	+	16 renders at least 50% of the waste reusable; the exemption
	1184	+	17 set forth in this paragraph (3) of this subsection (k)
	1185	+	18 shall not apply to general construction or demolition
	1186	+	19 debris recovery facilities as defined in subsection (a-1)
	1187	+	20 of Section 3.160;
	1188	+	21 (4) non-hazardous solid waste that is received at a
	1189	+	22 sanitary landfill and composted or recycled through a
	1190	+	23 process permitted by the Agency; or
	1191	+	24 (5) any landfill which is permitted by the Agency to
	1192	+	25 receive only demolition or construction debris or
	1193	+	26 landscape waste.
	1194	+
	1195	+
	1196	+
	1197	+
	1198	+
	1199	+	SB0836 Enrolled - 34 - LRB103 03291 CPF 48297 b
	1200	+
	1201	+
	1202	+	SB0836 Enrolled- 35 -LRB103 03291 CPF 48297 b SB0836 Enrolled - 35 - LRB103 03291 CPF 48297 b
	1203	+	SB0836 Enrolled - 35 - LRB103 03291 CPF 48297 b
	1204	+	1 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
	1205	+	2 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
	1206	+	3 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
	1207	+	4 102-1055, eff. 6-10-22; revised 8-25-22.)
	1208	+
	1209	+
	1210	+
	1211	+
	1212	+
	1213	+	SB0836 Enrolled - 35 - LRB103 03291 CPF 48297 b