Old | New | Differences | |
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1 | - | Public Act 103-0383 | |
2 | 1 | SB1555 EnrolledLRB103 24786 CPF 51115 b SB1555 Enrolled LRB103 24786 CPF 51115 b | |
3 | 2 | SB1555 Enrolled LRB103 24786 CPF 51115 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 | |
8 | - | Statewide Recycling Needs Assessment Act. | |
9 | - | Section 5. Findings and purpose. The General Assembly | |
10 | - | finds that: | |
11 | - | (1) Recycling rates have been stagnant in Illinois for | |
12 | - | over 15 years. Many Illinois counties continue to fall short | |
13 | - | of the long-standing recycling goal of 25% established in 1988 | |
14 | - | in the Solid Waste Planning and Recycling Act. | |
15 | - | (2) In Illinois, more than 40% (over 7,000,000 tons per | |
16 | - | year) of municipal solid waste disposed of in landfills is | |
17 | - | comprised of packaging and paper products. Of this amount, | |
18 | - | nearly 80% consists of materials commonly collected in | |
19 | - | curbside recycling programs in areas of the State with mature | |
20 | - | recycling programs. The remainder includes packaging products | |
21 | - | such as polystyrene, #3-#7 plastics, plastic bags, flexible | |
22 | - | pouches, and other plastic films which are not currently | |
23 | - | acceptable in curbside recycling and for which limited | |
24 | - | drop-off recycling options exist. | |
25 | - | (3) Consumers have limited sustainable purchasing choices. | |
26 | - | Illinois residents are generating packaging and paper waste | |
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 | |
7 | + | 5 Statewide Recycling Needs Assessment Act. | |
8 | + | 6 Section 5. Findings and purpose. The General Assembly | |
9 | + | 7 finds that: | |
10 | + | 8 (1) Recycling rates have been stagnant in Illinois for | |
11 | + | 9 over 15 years. Many Illinois counties continue to fall short | |
12 | + | 10 of the long-standing recycling goal of 25% established in 1988 | |
13 | + | 11 in the Solid Waste Planning and Recycling Act. | |
14 | + | 12 (2) In Illinois, more than 40% (over 7,000,000 tons per | |
15 | + | 13 year) of municipal solid waste disposed of in landfills is | |
16 | + | 14 comprised of packaging and paper products. Of this amount, | |
17 | + | 15 nearly 80% consists of materials commonly collected in | |
18 | + | 16 curbside recycling programs in areas of the State with mature | |
19 | + | 17 recycling programs. The remainder includes packaging products | |
20 | + | 18 such as polystyrene, #3-#7 plastics, plastic bags, flexible | |
21 | + | 19 pouches, and other plastic films which are not currently | |
22 | + | 20 acceptable in curbside recycling and for which limited | |
23 | + | 21 drop-off recycling options exist. | |
24 | + | 22 (3) Consumers have limited sustainable purchasing choices. | |
25 | + | 23 Illinois residents are generating packaging and paper waste | |
27 | 26 | ||
28 | 27 | ||
29 | 28 | ||
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31 | 30 | ||
32 | 31 | ||
33 | - | that is beyond their ability to reuse or recycle. Consumers | |
34 | - | are also given confusing, inconsistent messages through | |
35 | - | various means about which materials can be recycled, and thus | |
36 | - | inadvertently create contamination in recycling streams. There | |
37 | - | is widespread recycling fatigue and public skepticism about | |
38 | - | the efficacy of recycling in Illinois. | |
39 | - | (4) Volatility in global recycling markets due to import | |
40 | - | restrictions such as the China National Sword policy, as well | |
41 | - | as impacts on supply chains and material demand due to the | |
42 | - | COVID-19 pandemic, have further challenged markets for | |
43 | - | recycled materials and destabilized the recycling system in | |
44 | - | the State. | |
45 | - | (5) Significant and increasing quantities of plastics and | |
46 | - | packaging materials are seen in the environment, including in | |
47 | - | Illinois rivers, lakes, and streams. This pollution impacts | |
48 | - | the drinking water, wildlife, and recreational value of vital | |
49 | - | natural resources. | |
50 | - | (6) Consumer brands are solely responsible for choices | |
51 | - | about the types and amounts of packaging used to package | |
52 | - | products. Units of local government and residents have borne | |
53 | - | the costs of managing increasingly complex materials even | |
54 | - | though they have no input in designing or bringing these | |
55 | - | materials to market. | |
56 | - | (7) Units of local government are expected to fund | |
57 | - | collection and processing costs for an increasing volume of | |
58 | - | packaging and paper products, and the cost of recycling | |
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34 | + | 1 that is beyond their ability to reuse or recycle. Consumers | |
35 | + | 2 are also given confusing, inconsistent messages through | |
36 | + | 3 various means about which materials can be recycled, and thus | |
37 | + | 4 inadvertently create contamination in recycling streams. There | |
38 | + | 5 is widespread recycling fatigue and public skepticism about | |
39 | + | 6 the efficacy of recycling in Illinois. | |
40 | + | 7 (4) Volatility in global recycling markets due to import | |
41 | + | 8 restrictions such as the China National Sword policy, as well | |
42 | + | 9 as impacts on supply chains and material demand due to the | |
43 | + | 10 COVID-19 pandemic, have further challenged markets for | |
44 | + | 11 recycled materials and destabilized the recycling system in | |
45 | + | 12 the State. | |
46 | + | 13 (5) Significant and increasing quantities of plastics and | |
47 | + | 14 packaging materials are seen in the environment, including in | |
48 | + | 15 Illinois rivers, lakes, and streams. This pollution impacts | |
49 | + | 16 the drinking water, wildlife, and recreational value of vital | |
50 | + | 17 natural resources. | |
51 | + | 18 (6) Consumer brands are solely responsible for choices | |
52 | + | 19 about the types and amounts of packaging used to package | |
53 | + | 20 products. Units of local government and residents have borne | |
54 | + | 21 the costs of managing increasingly complex materials even | |
55 | + | 22 though they have no input in designing or bringing these | |
56 | + | 23 materials to market. | |
57 | + | 24 (7) Units of local government are expected to fund | |
58 | + | 25 collection and processing costs for an increasing volume of | |
59 | + | 26 packaging and paper products, and the cost of recycling | |
59 | 60 | ||
60 | 61 | ||
61 | - | programs continues to rise with the complexity of the material | |
62 | - | stream that material recycling facilities are required to | |
63 | - | manage. Furthermore, many multifamily residences and rural | |
64 | - | areas of the State do not have access to adequate recycling | |
65 | - | opportunities. | |
66 | - | (8) As materials continue to be landfilled and littered, | |
67 | - | lower-income and rural communities across the State bear | |
68 | - | environmental, health, and economic consequences. | |
69 | - | (9) By failing to reuse or recycle packaging and paper | |
70 | - | products, Illinois loses economic value and green sector jobs. | |
71 | - | Establishing postconsumer recycled content requirements for | |
72 | - | rigid plastics will increase markets for this increasingly | |
73 | - | common packaging material, reduce demand for natural | |
74 | - | resources, and reduce greenhouse gas emissions. | |
75 | - | (10) An assessment of current recycling and materials | |
76 | - | management practices in the State, including evaluation of | |
77 | - | collections, access to service, capacity, costs, gaps, and | |
78 | - | needs associated with diverting packaging and paper products | |
79 | - | from disposal, will provide needed information on current | |
80 | - | conditions and support identification of future needs to | |
81 | - | manage packaging and paper products in a sustainable, | |
82 | - | environmentally protective, and cost-effective manner. | |
83 | - | (11) The Statewide Recycling Needs Assessment will provide | |
84 | - | data to facilitate future consideration of product stewardship | |
85 | - | legislation for packaging and paper products. | |
86 | 62 | ||
87 | 63 | ||
88 | - | Section 10. Definitions. In this Act: | |
89 | - | "Advisory Council" means the Statewide Recycling Needs | |
90 | - | Assessment Advisory Council established under Section 20. | |
91 | - | "Agency" means the Environmental Protection Agency. | |
92 | - | "Compost" has the meaning given to that term in Section | |
93 | - | 3.150 of the Environmental Protection Act. | |
94 | - | "Compostable material" means a material that is designed | |
95 | - | to contact, contain, or carry a product that can be collected | |
96 | - | for composting and that is capable of undergoing aerobic | |
97 | - | biological decomposition in a controlled composting system as | |
98 | - | demonstrated by meeting ASTM D6400, ASTM D6868, or any | |
99 | - | successor standards. | |
100 | - | "Composting rate" means the percentage of discarded | |
101 | - | materials that are managed through composting. A composting | |
102 | - | rate is calculated by dividing the total weight of all | |
103 | - | packaging and paper products that are collected for composting | |
104 | - | by the total weight of all packaging and paper products sold, | |
105 | - | distributed, or served to consumers in the State during the | |
106 | - | study period. | |
107 | - | "Covered entity" means a person or entity responsible for: | |
108 | - | (1) a single or multifamily residence, either | |
109 | - | individually or jointly through a unit of local | |
110 | - | government; | |
111 | - | (2) a public or private school for grades kindergarten | |
112 | - | through 12th grade; | |
113 | - | (3) a State or local government facility; or | |
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114 | 66 | ||
115 | 67 | ||
116 | - | (4) a public space, including, but not limited to, | |
117 | - | public spaces, such as parks, trails, transit stations, | |
118 | - | and pedestrian areas for which the State or a unit of local | |
119 | - | government is responsible. | |
120 | - | "Curbside recycling" means the collection of recyclable | |
121 | - | materials from covered entities at the site where the | |
122 | - | recyclable materials are generated. | |
123 | - | "Director" means the Director of the Agency. | |
124 | - | "Drop-off recycling" means the collection of recyclable | |
125 | - | material from covered entities at one or more centralized | |
126 | - | sites. | |
127 | - | "Environmental justice community" means environmental | |
128 | - | justice community as defined by the Illinois Solar for All | |
129 | - | Program, as that definition is updated from time to time by the | |
130 | - | Illinois Power Agency and the Administrator of the Illinois | |
131 | - | Solar for All Program. | |
132 | - | "Hauler" means a person who collects recyclable or | |
133 | - | compostable materials and transports them to an MRF or compost | |
134 | - | facility, or to an intermediate facility from which materials | |
135 | - | are then transported to an MRF or compost facility. | |
136 | - | "Material recovery facility" or "MRF" means a facility | |
137 | - | where recyclable materials collected via curbside recycling or | |
138 | - | drop-off recycling are consolidated and sorted for return to | |
139 | - | the economic mainstream in the form of raw materials. | |
140 | - | "Packaging" means a discrete material or category of | |
141 | - | material, regardless of recyclability. "Packaging" includes, | |
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70 | + | 1 programs continues to rise with the complexity of the material | |
71 | + | 2 stream that material recycling facilities are required to | |
72 | + | 3 manage. Furthermore, many multifamily residences and rural | |
73 | + | 4 areas of the State do not have access to adequate recycling | |
74 | + | 5 opportunities. | |
75 | + | 6 (8) As materials continue to be landfilled and littered, | |
76 | + | 7 lower-income and rural communities across the State bear | |
77 | + | 8 environmental, health, and economic consequences. | |
78 | + | 9 (9) By failing to reuse or recycle packaging and paper | |
79 | + | 10 products, Illinois loses economic value and green sector jobs. | |
80 | + | 11 Establishing postconsumer recycled content requirements for | |
81 | + | 12 rigid plastics will increase markets for this increasingly | |
82 | + | 13 common packaging material, reduce demand for natural | |
83 | + | 14 resources, and reduce greenhouse gas emissions. | |
84 | + | 15 (10) An assessment of current recycling and materials | |
85 | + | 16 management practices in the State, including evaluation of | |
86 | + | 17 collections, access to service, capacity, costs, gaps, and | |
87 | + | 18 needs associated with diverting packaging and paper products | |
88 | + | 19 from disposal, will provide needed information on current | |
89 | + | 20 conditions and support identification of future needs to | |
90 | + | 21 manage packaging and paper products in a sustainable, | |
91 | + | 22 environmentally protective, and cost-effective manner. | |
92 | + | 23 (11) The Statewide Recycling Needs Assessment will provide | |
93 | + | 24 data to facilitate future consideration of product stewardship | |
94 | + | 25 legislation for packaging and paper products. | |
142 | 95 | ||
143 | 96 | ||
144 | - | but is not limited to, a material type, such as paper, plastic, | |
145 | - | glass, metal, or multi-material, that is: | |
146 | - | (1) used to protect, contain, transport, or serve a | |
147 | - | product; | |
148 | - | (2) sold or supplied to consumers expressly for the | |
149 | - | purpose of protecting, containing, transporting, or | |
150 | - | serving products; | |
151 | - | (3) attached to a product or its container for the | |
152 | - | purpose of marketing or communicating information about | |
153 | - | the product; | |
154 | - | (4) supplied at the point of sale to facilitate the | |
155 | - | delivery of the product; or | |
156 | - | (5) supplied to or purchased by consumers expressly | |
157 | - | for the purpose of facilitating food or beverage | |
158 | - | consumption and ordinarily disposed of after a single use | |
159 | - | or short-term use, whether or not it could be reused. | |
160 | - | "Packaging" does not include: | |
161 | - | (1) a medical device or packaging that is included | |
162 | - | with products regulated: | |
163 | - | (A) as a drug, medical device, or dietary | |
164 | - | supplement by the United States Food and Drug | |
165 | - | Administration under the Federal Food, Drug, and | |
166 | - | Cosmetic Act; | |
167 | - | (B) as a combination product as defined under 21 | |
168 | - | CFR 3.2(e); or | |
169 | - | (C) under the federal Dietary Supplement Health | |
170 | 97 | ||
171 | 98 | ||
172 | - | and Education Act of 1994; | |
173 | - | (2) animal biologics, including, but not limited to, | |
174 | - | vaccines, bacterins, antisera, diagnostic kits, other | |
175 | - | products of biological origin, and other packaging and | |
176 | - | paper products regulated by the United States Department | |
177 | - | of Agriculture under the federal Virus, Serum, Toxin Act; | |
178 | - | (3) packaging regulated under the Federal Insecticide, | |
179 | - | Fungicide, and Rodenticide Act or another applicable | |
180 | - | federal law, rule, or regulation; and | |
181 | - | (4) beverage containers subject to a returnable | |
182 | - | container deposit, if applicable. | |
183 | - | "Paper product" means: | |
184 | - | (1) paper that can or has been printed on to create | |
185 | - | flyers, brochures, booklets, catalogs, greeting cards, | |
186 | - | telephone directories, newspapers, magazines; and | |
187 | - | (2) paper used for copying, writing, or any other | |
188 | - | general use. | |
189 | - | "Paper product" does not include: | |
190 | - | (1) paper that, by virtue of its anticipated use, | |
191 | - | could become unsafe or unsanitary to recycle; or | |
192 | - | (2) any form of bound book, including, but not limited | |
193 | - | to, bound books for literary, textual, or reference | |
194 | - | purposes. | |
195 | - | "Person" means any individual, partnership, copartnership, | |
196 | - | firm, company, limited liability company, corporation, | |
197 | - | association, joint-stock company, trust, estate, political | |
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198 | 101 | ||
199 | 102 | ||
200 | - | subdivision, State agency, any other legal entity, or their | |
201 | - | legal representative, agent, or assign. | |
202 | - | "Postconsumer material" means packaging or paper products | |
203 | - | that have served their intended end use as consumer items. | |
204 | - | "Postconsumer material" does not include a by-product or waste | |
205 | - | material generated during or after the completion of a | |
206 | - | manufacturing or converting process. | |
207 | - | "Postconsumer recycled content" means the portion of an | |
208 | - | item of packaging or paper product made from postconsumer | |
209 | - | material that has been recycled. | |
210 | - | "Recycling" has the meaning given to "recycling, | |
211 | - | reclamation or reuse" in Section 3.380 of the Environmental | |
212 | - | Protection Act. "Recycling" does not include landfill disposal | |
213 | - | of packaging or paper products or the residue resulting from | |
214 | - | the processing of packaging or paper products at an MRF, use as | |
215 | - | alternative daily cover or any other beneficial use at a | |
216 | - | landfill, incineration, energy recovery, or energy generation | |
217 | - | by means of combustion, or final conversion of packaging and | |
218 | - | paper products or their components and by-products to a fuel. | |
219 | - | "Recycling rate" means the percentage of packaging and | |
220 | - | paper products returned to the economic mainstream in the form | |
221 | - | of raw materials or products rather than being disposed of or | |
222 | - | discarded. The recycling rate is calculated by dividing the | |
223 | - | total weight of packaging and paper products that are | |
224 | - | collected for recycling by the total weight of packaging and | |
225 | - | paper products sold, distributed, or served to consumers in | |
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105 | + | 1 Section 10. Definitions. In this Act: | |
106 | + | 2 "Advisory Council" means the Statewide Recycling Needs | |
107 | + | 3 Assessment Advisory Council established under Section 20. | |
108 | + | 4 "Agency" means the Environmental Protection Agency. | |
109 | + | 5 "Compost" has the meaning given to that term in Section | |
110 | + | 6 3.150 of the Environmental Protection Act. | |
111 | + | 7 "Compostable material" means a material that is designed | |
112 | + | 8 to contact, contain, or carry a product that can be collected | |
113 | + | 9 for composting and that is capable of undergoing aerobic | |
114 | + | 10 biological decomposition in a controlled composting system as | |
115 | + | 11 demonstrated by meeting ASTM D6400, ASTM D6868, or any | |
116 | + | 12 successor standards. | |
117 | + | 13 "Composting rate" means the percentage of discarded | |
118 | + | 14 materials that are managed through composting. A composting | |
119 | + | 15 rate is calculated by dividing the total weight of all | |
120 | + | 16 packaging and paper products that are collected for composting | |
121 | + | 17 by the total weight of all packaging and paper products sold, | |
122 | + | 18 distributed, or served to consumers in the State during the | |
123 | + | 19 study period. | |
124 | + | 20 "Covered entity" means a person or entity responsible for: | |
125 | + | 21 (1) a single or multifamily residence, either | |
126 | + | 22 individually or jointly through a unit of local | |
127 | + | 23 government; | |
128 | + | 24 (2) a public or private school for grades kindergarten | |
129 | + | 25 through 12th grade; | |
130 | + | 26 (3) a State or local government facility; or | |
226 | 131 | ||
227 | 132 | ||
228 | - | the State during the study period, not including the residue | |
229 | - | that is landfilled after processing by an MRF. | |
230 | - | "Reusable" means: | |
231 | - | (1) designed to be refilled or used repeatedly for its | |
232 | - | original intended purpose and is returnable; | |
233 | - | (2) safe for washing and sanitizing according to | |
234 | - | applicable State food safety laws; and | |
235 | - | (3) with the exception of ceramic products, capable of | |
236 | - | being recycled at the end of use. | |
237 | - | "Reuse" means the return of packaging to the economic | |
238 | - | stream for use in the same kind of application intended for the | |
239 | - | original packaging without effectuating a change in the | |
240 | - | original composition of the package, the identity of the | |
241 | - | product, or the components thereof. | |
242 | - | "Rigid plastic" means packaging made of plastic that has a | |
243 | - | relatively inflexible finite shape or form and is capable of | |
244 | - | maintaining its shape while empty or while holding other | |
245 | - | products. | |
246 | - | "Service provider" means a hauler, an MRF, or a composting | |
247 | - | facility. | |
248 | - | "Single-use packaging or product" means a packaging or | |
249 | - | product that is supplied to or purchased by consumers | |
250 | - | expressly for the purpose of facilitating food or beverage | |
251 | - | consumption and that is ordinarily disposed of after a single | |
252 | - | use or short-term use, whether or not it could be reused. | |
253 | - | "Study period" means the period represented by the data | |
254 | 133 | ||
255 | 134 | ||
256 | - | compiled and analyzed in the completion of the Statewide | |
257 | - | Recycling Needs Assessment. The study period shall be a | |
258 | - | minimum of a one-year calendar period not earlier than 2022 | |
259 | - | and shall be clearly defined in the scope of work. If more than | |
260 | - | one year of data is used, data shall be presented on an annual | |
261 | - | basis. | |
262 | - | Section 15. Statewide Recycling Needs Assessment Advisory | |
263 | - | Council. | |
264 | - | (a) The Statewide Recycling Needs Assessment Advisory | |
265 | - | Council shall be appointed by the Agency. On or before January | |
266 | - | 1, 2024, the Director shall appoint members to the Advisory | |
267 | - | Council to provide advice and recommendations to the Agency in | |
268 | - | the drafting, amendment, and finalization of the Statewide | |
269 | - | Recycling Needs Assessment. | |
270 | - | (b) In appointing members to the Advisory Council under | |
271 | - | subsection (a), the Director shall consider representatives | |
272 | - | from all geographic regions of the State, all sizes of | |
273 | - | communities in the State, all supply chain participants in the | |
274 | - | recycling system, and the racial and gender diversity of this | |
275 | - | State. | |
276 | - | (c) Members of the Advisory Council shall include, but | |
277 | - | shall not be limited to, the following voting members: | |
278 | - | (1) four individuals representing material recovery | |
279 | - | facilities in the State, no more than 2 of whom shall | |
280 | - | represent an MRF that accepts recyclables from Cook County | |
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281 | 137 | ||
282 | 138 | ||
283 | - | or the collar counties; | |
284 | - | (2) four individuals representing haulers, one of whom | |
285 | - | shall represent a statewide organization representing | |
286 | - | haulers, one of whom shall represent a publicly traded | |
287 | - | hauler, one of whom shall represent a privately owned | |
288 | - | hauler, and one of whom shall operate a recycling drop-off | |
289 | - | facility; | |
290 | - | (3) one individual representing compost collection and | |
291 | - | processing facilities; | |
292 | - | (4) eight individuals representing rural and urban | |
293 | - | units of local government, one of whom shall represent a | |
294 | - | county with a population of less than 50,000, one of whom | |
295 | - | shall represent a county with a population of more than | |
296 | - | 50,000 and less than 1,000,000, one of whom shall | |
297 | - | represent a county with a population of more than | |
298 | - | 1,000,000, two of whom shall represent municipalities with | |
299 | - | a population of less than 1,000,000, one of whom shall | |
300 | - | represent a statewide organization of municipalities as | |
301 | - | authorized by Section 1-8-1 of the Illinois Municipal | |
302 | - | Code, one of whom shall represent a municipal joint action | |
303 | - | agency, and one of whom shall represent a municipality | |
304 | - | with a population of 1,000,000 or more; | |
305 | - | (5) two individuals representing retailers, one of | |
306 | - | whom shall represent a statewide association of retailers; | |
307 | - | (6) two individuals representing environmental | |
308 | - | organizations; | |
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141 | + | 1 (4) a public space, including, but not limited to, | |
142 | + | 2 public spaces, such as parks, trails, transit stations, | |
143 | + | 3 and pedestrian areas for which the State or a unit of local | |
144 | + | 4 government is responsible. | |
145 | + | 5 "Curbside recycling" means the collection of recyclable | |
146 | + | 6 materials from covered entities at the site where the | |
147 | + | 7 recyclable materials are generated. | |
148 | + | 8 "Director" means the Director of the Agency. | |
149 | + | 9 "Drop-off recycling" means the collection of recyclable | |
150 | + | 10 material from covered entities at one or more centralized | |
151 | + | 11 sites. | |
152 | + | 12 "Environmental justice community" means environmental | |
153 | + | 13 justice community as defined by the Illinois Solar for All | |
154 | + | 14 Program, as that definition is updated from time to time by the | |
155 | + | 15 Illinois Power Agency and the Administrator of the Illinois | |
156 | + | 16 Solar for All Program. | |
157 | + | 17 "Hauler" means a person who collects recyclable or | |
158 | + | 18 compostable materials and transports them to an MRF or compost | |
159 | + | 19 facility, or to an intermediate facility from which materials | |
160 | + | 20 are then transported to an MRF or compost facility. | |
161 | + | 21 "Material recovery facility" or "MRF" means a facility | |
162 | + | 22 where recyclable materials collected via curbside recycling or | |
163 | + | 23 drop-off recycling are consolidated and sorted for return to | |
164 | + | 24 the economic mainstream in the form of raw materials. | |
165 | + | 25 "Packaging" means a discrete material or category of | |
166 | + | 26 material, regardless of recyclability. "Packaging" includes, | |
309 | 167 | ||
310 | 168 | ||
311 | - | (7) two individuals representing environmental justice | |
312 | - | advocacy organizations or environmental justice | |
313 | - | communities; | |
314 | - | (8) one individual representing a statewide | |
315 | - | manufacturing association; | |
316 | - | (9) one individual representing manufacturers of | |
317 | - | products containing postconsumer material, or one or more | |
318 | - | associations of such manufacturers; | |
319 | - | (10) one individual representing manufacturers of | |
320 | - | packaging and paper products utilizing virgin materials, | |
321 | - | or one or more associations of suppliers of substrates of | |
322 | - | packaging and paper products; and | |
323 | - | (11) four individuals representing producers of | |
324 | - | consumer products. | |
325 | - | (d) An individual may be appointed to only one position on | |
326 | - | the Advisory Council. Upon completion of the duties of the | |
327 | - | Advisory Council, appointments to the Advisory Council shall | |
328 | - | be terminated and the Advisory Council shall be dissolved. | |
329 | - | (e) The duties of the Advisory Council are as follows: | |
330 | - | (1) to provide guidance on the scope of work for the | |
331 | - | Statewide Recycling Needs Assessment required under | |
332 | - | Section 25; | |
333 | - | (2) to assist in the provision of data required to | |
334 | - | complete the needs assessment; | |
335 | - | (3) to review and comment on the needs assessment | |
336 | - | prior to completion; | |
337 | 169 | ||
338 | 170 | ||
339 | - | (4) to review packaging and paper products legislation | |
340 | - | enacted in other states, including identifying the main | |
341 | - | components of the legislation, its implementation steps, | |
342 | - | and its implementation status; | |
343 | - | (5) to evaluate and make recommendations, including | |
344 | - | legislative recommendations, on how to effectively | |
345 | - | establish and implement a producer responsibility program | |
346 | - | in the State for packaging and paper products, including | |
347 | - | recommendations regarding the responsibilities of | |
348 | - | producers under a producer responsibility program; and | |
349 | - | (6) on or before December 1, 2026, to prepare and | |
350 | - | submit a report of its findings and recommendations to the | |
351 | - | General Assembly and the Governor, which shall include an | |
352 | - | opportunity for a minority report. | |
353 | - | (f) The Advisory Council: | |
354 | - | (1) shall meet at the call of the Chair, except for the | |
355 | - | first meeting, which shall be called by the Director; | |
356 | - | (2) shall meet at least quarterly or as determined by | |
357 | - | the Advisory Council Chair; | |
358 | - | (3) shall elect a Chair from among Advisory Council | |
359 | - | members by a simple majority vote; | |
360 | - | (4) may adopt bylaws and a charter for the operation | |
361 | - | of its business for the purposes of this Act; and | |
362 | - | (5) shall be provided administrative support by the | |
363 | - | Agency and Agency staff. | |
364 | - | (g) The Agency may select and hire a third-party | |
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365 | 173 | ||
366 | 174 | ||
367 | - | facilitator for the Advisory Council. | |
368 | - | Section 20. Statewide needs assessment. | |
369 | - | (a) The Agency shall issue a competitive solicitation in | |
370 | - | accordance with the Illinois Procurement Code to select a | |
371 | - | qualified consultant to conduct a statewide needs assessment | |
372 | - | to assess recycling, composting, and reuse conditions in the | |
373 | - | State for packaging and paper products, including identifying | |
374 | - | current conditions and an evaluation of the capacity, costs, | |
375 | - | gaps, and needs associated with recycling and the diversion of | |
376 | - | packaging and paper products. The Agency shall select the | |
377 | - | consultant on or before July 1, 2024. The needs assessment | |
378 | - | shall be funded by an appropriation from the Agency's Solid | |
379 | - | Waste Management Fund or other appropriated funding. | |
380 | - | (b) All packaging and paper products sold, offered for | |
381 | - | sale, distributed, or imported into the State shall be | |
382 | - | included in the needs assessment. | |
383 | - | (c) The needs assessment shall address, at a minimum, the | |
384 | - | following factors for covered entities: | |
385 | - | (1) the quantity, by weight and type, of packaging and | |
386 | - | paper products sold, offered for sale, distributed, or | |
387 | - | served to consumers in the State by material type and | |
388 | - | format; | |
389 | - | (2) current collection systems for packaging and paper | |
390 | - | products in the State, including for reuse, recycling, | |
391 | - | composting, and disposal; | |
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177 | + | 1 but is not limited to, a material type, such as paper, plastic, | |
178 | + | 2 glass, metal, or multi-material, that is: | |
179 | + | 3 (1) used to protect, contain, transport, or serve a | |
180 | + | 4 product; | |
181 | + | 5 (2) sold or supplied to consumers expressly for the | |
182 | + | 6 purpose of protecting, containing, transporting, or | |
183 | + | 7 serving products; | |
184 | + | 8 (3) attached to a product or its container for the | |
185 | + | 9 purpose of marketing or communicating information about | |
186 | + | 10 the product; | |
187 | + | 11 (4) supplied at the point of sale to facilitate the | |
188 | + | 12 delivery of the product; or | |
189 | + | 13 (5) supplied to or purchased by consumers expressly | |
190 | + | 14 for the purpose of facilitating food or beverage | |
191 | + | 15 consumption and ordinarily disposed of after a single use | |
192 | + | 16 or short-term use, whether or not it could be reused. | |
193 | + | 17 "Packaging" does not include: | |
194 | + | 18 (1) a medical device or packaging that is included | |
195 | + | 19 with products regulated: | |
196 | + | 20 (A) as a drug, medical device, or dietary | |
197 | + | 21 supplement by the United States Food and Drug | |
198 | + | 22 Administration under the Federal Food, Drug, and | |
199 | + | 23 Cosmetic Act; | |
200 | + | 24 (B) as a combination product as defined under 21 | |
201 | + | 25 CFR 3.2(e); or | |
202 | + | 26 (C) under the federal Dietary Supplement Health | |
392 | 203 | ||
393 | 204 | ||
394 | - | (3) the quantity, by weight, of municipal waste | |
395 | - | disposed on a county-by-county basis for all counties in | |
396 | - | the State; | |
397 | - | (4) the processing capacity and infrastructure for | |
398 | - | reusable, recyclable, and compostable packaging and paper | |
399 | - | products collected in the State, including capacity and | |
400 | - | infrastructure outside the State which serves or may serve | |
401 | - | the State; | |
402 | - | (5) current reuse, recycling, and composting rates for | |
403 | - | packaging and paper products in the State by material | |
404 | - | type; | |
405 | - | (6) current postconsumer recycled content use by | |
406 | - | material type for all packaging and paper products sold in | |
407 | - | the State; | |
408 | - | (7) current reusability, recyclability, or | |
409 | - | compostability of packaging and paper products, by | |
410 | - | material type, for all packaging and paper products sold, | |
411 | - | offered for sale, distributed, or served in the State; | |
412 | - | (8) current system-wide costs for the collection, | |
413 | - | reuse, recycling, and composting of packaging and paper | |
414 | - | products; | |
415 | - | (9) current operational and capital funding | |
416 | - | limitations impacting reuse, recycling, and composting | |
417 | - | access and availability for packaging and paper products | |
418 | - | throughout the State; | |
419 | - | (10) collection and processing system needs to provide | |
420 | 205 | ||
421 | 206 | ||
422 | - | access to curbside recycling services for all covered | |
423 | - | entities within municipalities with a population of 1,500 | |
424 | - | or more based on the most recent United States Census, | |
425 | - | with collection provided no less frequently than every 2 | |
426 | - | weeks, and at least one drop-off location for recyclable | |
427 | - | materials within 15 miles of the municipal boundary for | |
428 | - | municipalities with a population less than 1,500, with | |
429 | - | needs identified on a county-by-county basis for all | |
430 | - | counties in the State, and the estimated costs to meet the | |
431 | - | access requirements; | |
432 | - | (11) program costs and capital investments required to | |
433 | - | achieve a 35%, 50%, and 65% recycling rate by December 31, | |
434 | - | 2035 for each material type, including paper, plastic, | |
435 | - | glass, and metal, and including investment into existing | |
436 | - | and future reuse, recycling, and composting infrastructure | |
437 | - | for packaging and paper products; | |
438 | - | (12) the market conditions and opportunities for | |
439 | - | reusable, recyclable, and compostable packaging and paper | |
440 | - | products in the State and regionally; | |
441 | - | (13) multilingual public education needs for the | |
442 | - | reduction, reuse, recycling, and composting of packaging | |
443 | - | and paper products, including, but not limited to, a | |
444 | - | scientific survey of current awareness among residents of | |
445 | - | this State of proper end-of-life management for packaging | |
446 | - | and paper products and the needs associated with the | |
447 | - | reduction of contamination rates at MRFs in the State; and | |
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448 | 209 | ||
449 | 210 | ||
450 | - | (14) an assessment of environmental justice and | |
451 | - | recycling equity in the State, including, but not limited | |
452 | - | to: | |
453 | - | (A) an evaluation of current access to and the | |
454 | - | performance of curbside and drop-off recycling | |
455 | - | programs in units of local government designated as | |
456 | - | environmental justice areas; and | |
457 | - | (B) a comparison of the location of MRFs and | |
458 | - | compost facilities in units of local government that | |
459 | - | have been designated as environmental justice areas | |
460 | - | with units of local government that are not so | |
461 | - | designated. | |
462 | - | (d) Persons with data or information required to complete | |
463 | - | the statewide needs assessment shall provide the Agency with | |
464 | - | such data or information in a timely fashion to assist in | |
465 | - | completing the statewide needs assessment. | |
466 | - | (e) On or before December 31, 2025, the Agency shall | |
467 | - | provide the draft needs assessment to the Advisory Council. | |
468 | - | The Advisory Council shall provide written comments to the | |
469 | - | Agency within 60 days after receipt of the needs assessment. | |
470 | - | The Agency's consultant shall include an assessment of | |
471 | - | comments received in the revised draft needs assessment | |
472 | - | submitted to the Agency and shall provide a summary and an | |
473 | - | analysis of any issues raised by the Advisory Council and | |
474 | - | significant changes suggested by any such comments, a | |
475 | - | statement of the reasons why any significant changes were not | |
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213 | + | 1 and Education Act of 1994; | |
214 | + | 2 (2) animal biologics, including, but not limited to, | |
215 | + | 3 vaccines, bacterins, antisera, diagnostic kits, other | |
216 | + | 4 products of biological origin, and other packaging and | |
217 | + | 5 paper products regulated by the United States Department | |
218 | + | 6 of Agriculture under the federal Virus, Serum, Toxin Act; | |
219 | + | 7 (3) packaging regulated under the Federal Insecticide, | |
220 | + | 8 Fungicide, and Rodenticide Act or another applicable | |
221 | + | 9 federal law, rule, or regulation; and | |
222 | + | 10 (4) beverage containers subject to a returnable | |
223 | + | 11 container deposit, if applicable. | |
224 | + | 12 "Paper product" means: | |
225 | + | 13 (1) paper that can or has been printed on to create | |
226 | + | 14 flyers, brochures, booklets, catalogs, greeting cards, | |
227 | + | 15 telephone directories, newspapers, magazines; and | |
228 | + | 16 (2) paper used for copying, writing, or any other | |
229 | + | 17 general use. | |
230 | + | 18 "Paper product" does not include: | |
231 | + | 19 (1) paper that, by virtue of its anticipated use, | |
232 | + | 20 could become unsafe or unsanitary to recycle; or | |
233 | + | 21 (2) any form of bound book, including, but not limited | |
234 | + | 22 to, bound books for literary, textual, or reference | |
235 | + | 23 purposes. | |
236 | + | 24 "Person" means any individual, partnership, copartnership, | |
237 | + | 25 firm, company, limited liability company, corporation, | |
238 | + | 26 association, joint-stock company, trust, estate, political | |
476 | 239 | ||
477 | 240 | ||
478 | - | incorporated into the results of the study, and a description | |
479 | - | of any changes made to the results of the needs assessment as a | |
480 | - | result of such comments. The needs assessment shall be | |
481 | - | finalized by the Agency on or before May 1, 2026. | |
482 | - | Section 25. Severability. The provisions of this Act shall | |
483 | - | be severable and if any phrase, clause, sentence, or provision | |
484 | - | of this Act or the applicability thereof to any person or | |
485 | - | circumstance shall be held invalid, the remainder of this Act | |
486 | - | and the application thereof shall not be affected thereby. | |
487 | - | Section 30. The Environmental Protection Act is amended by | |
488 | - | changing Section 22.15 as follows: | |
489 | - | (415 ILCS 5/22.15) | |
490 | - | Sec. 22.15. Solid Waste Management Fund; fees. | |
491 | - | (a) There is hereby created within the State Treasury a | |
492 | - | special fund to be known as the Solid Waste Management Fund, to | |
493 | - | be constituted from the fees collected by the State pursuant | |
494 | - | to this Section, from repayments of loans made from the Fund | |
495 | - | for solid waste projects, from registration fees collected | |
496 | - | pursuant to the Consumer Electronics Recycling Act, and from | |
497 | - | amounts transferred into the Fund pursuant to Public Act | |
498 | - | 100-433. Moneys received by either the Agency or the | |
499 | - | Department of Commerce and Economic Opportunity in repayment | |
500 | - | of loans made pursuant to the Illinois Solid Waste Management | |
501 | 241 | ||
502 | 242 | ||
503 | - | Act shall be deposited into the General Revenue Fund. | |
504 | - | (b) The Agency shall assess and collect a fee in the amount | |
505 | - | set forth herein from the owner or operator of each sanitary | |
506 | - | landfill permitted or required to be permitted by the Agency | |
507 | - | to dispose of solid waste if the sanitary landfill is located | |
508 | - | off the site where such waste was produced and if such sanitary | |
509 | - | landfill is owned, controlled, and operated by a person other | |
510 | - | than the generator of such waste. The Agency shall deposit all | |
511 | - | fees collected into the Solid Waste Management Fund. If a site | |
512 | - | is contiguous to one or more landfills owned or operated by the | |
513 | - | same person, the volumes permanently disposed of by each | |
514 | - | landfill shall be combined for purposes of determining the fee | |
515 | - | under this subsection. Beginning on July 1, 2018, and on the | |
516 | - | first day of each month thereafter during fiscal years 2019 | |
517 | - | through 2023, the State Comptroller shall direct and State | |
518 | - | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | |
519 | - | per fiscal year from the Solid Waste Management Fund to the | |
520 | - | General Revenue Fund. | |
521 | - | (1) If more than 150,000 cubic yards of non-hazardous | |
522 | - | solid waste is permanently disposed of at a site in a | |
523 | - | calendar year, the owner or operator shall either pay a | |
524 | - | fee of 95 cents per cubic yard or, alternatively, the | |
525 | - | owner or operator may weigh the quantity of the solid | |
526 | - | waste permanently disposed of with a device for which | |
527 | - | certification has been obtained under the Weights and | |
528 | - | Measures Act and pay a fee of $2.00 per ton of solid waste | |
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529 | 245 | ||
530 | 246 | ||
531 | - | permanently disposed of. In no case shall the fee | |
532 | - | collected or paid by the owner or operator under this | |
533 | - | paragraph exceed $1.55 per cubic yard or $3.27 per ton. | |
534 | - | (2) If more than 100,000 cubic yards but not more than | |
535 | - | 150,000 cubic yards of non-hazardous waste is permanently | |
536 | - | disposed of at a site in a calendar year, the owner or | |
537 | - | operator shall pay a fee of $52,630. | |
538 | - | (3) If more than 50,000 cubic yards but not more than | |
539 | - | 100,000 cubic yards of non-hazardous solid waste is | |
540 | - | permanently disposed of at a site in a calendar year, the | |
541 | - | owner or operator shall pay a fee of $23,790. | |
542 | - | (4) If more than 10,000 cubic yards but not more than | |
543 | - | 50,000 cubic yards of non-hazardous solid waste is | |
544 | - | permanently disposed of at a site in a calendar year, the | |
545 | - | owner or operator shall pay a fee of $7,260. | |
546 | - | (5) If not more than 10,000 cubic yards of | |
547 | - | non-hazardous solid waste is permanently disposed of at a | |
548 | - | site in a calendar year, the owner or operator shall pay a | |
549 | - | fee of $1050. | |
550 | - | (c) (Blank). | |
551 | - | (d) The Agency shall establish rules relating to the | |
552 | - | collection of the fees authorized by this Section. Such rules | |
553 | - | shall include, but not be limited to: | |
554 | - | (1) necessary records identifying the quantities of | |
555 | - | solid waste received or disposed; | |
556 | - | (2) the form and submission of reports to accompany | |
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249 | + | 1 subdivision, State agency, any other legal entity, or their | |
250 | + | 2 legal representative, agent, or assign. | |
251 | + | 3 "Postconsumer material" means packaging or paper products | |
252 | + | 4 that have served their intended end use as consumer items. | |
253 | + | 5 "Postconsumer material" does not include a by-product or waste | |
254 | + | 6 material generated during or after the completion of a | |
255 | + | 7 manufacturing or converting process. | |
256 | + | 8 "Postconsumer recycled content" means the portion of an | |
257 | + | 9 item of packaging or paper product made from postconsumer | |
258 | + | 10 material that has been recycled. | |
259 | + | 11 "Recycling" has the meaning given to "recycling, | |
260 | + | 12 reclamation or reuse" in Section 3.380 of the Environmental | |
261 | + | 13 Protection Act. "Recycling" does not include landfill disposal | |
262 | + | 14 of packaging or paper products or the residue resulting from | |
263 | + | 15 the processing of packaging or paper products at an MRF, use as | |
264 | + | 16 alternative daily cover or any other beneficial use at a | |
265 | + | 17 landfill, incineration, energy recovery, or energy generation | |
266 | + | 18 by means of combustion, or final conversion of packaging and | |
267 | + | 19 paper products or their components and by-products to a fuel. | |
268 | + | 20 "Recycling rate" means the percentage of packaging and | |
269 | + | 21 paper products returned to the economic mainstream in the form | |
270 | + | 22 of raw materials or products rather than being disposed of or | |
271 | + | 23 discarded. The recycling rate is calculated by dividing the | |
272 | + | 24 total weight of packaging and paper products that are | |
273 | + | 25 collected for recycling by the total weight of packaging and | |
274 | + | 26 paper products sold, distributed, or served to consumers in | |
557 | 275 | ||
558 | 276 | ||
559 | - | the payment of fees to the Agency; | |
560 | - | (3) the time and manner of payment of fees to the | |
561 | - | Agency, which payments shall not be more often than | |
562 | - | quarterly; and | |
563 | - | (4) procedures setting forth criteria establishing | |
564 | - | when an owner or operator may measure by weight or volume | |
565 | - | during any given quarter or other fee payment period. | |
566 | - | (e) Pursuant to appropriation, all monies in the Solid | |
567 | - | Waste Management Fund shall be used by the Agency for the | |
568 | - | purposes set forth in this Section and in the Illinois Solid | |
569 | - | Waste Management Act, including for the costs of fee | |
570 | - | collection and administration, and for the administration of | |
571 | - | the Consumer Electronics Recycling Act, and the Drug Take-Back | |
572 | - | Act, and the Statewide Recycling Needs Assessment Act. | |
573 | - | (f) The Agency is authorized to enter into such agreements | |
574 | - | and to promulgate such rules as are necessary to carry out its | |
575 | - | duties under this Section and the Illinois Solid Waste | |
576 | - | Management Act. | |
577 | - | (g) On the first day of January, April, July, and October | |
578 | - | of each year, beginning on July 1, 1996, the State Comptroller | |
579 | - | and Treasurer shall transfer $500,000 from the Solid Waste | |
580 | - | Management Fund to the Hazardous Waste Fund. Moneys | |
581 | - | transferred under this subsection (g) shall be used only for | |
582 | - | the purposes set forth in item (1) of subsection (d) of Section | |
583 | - | 22.2. | |
584 | - | (h) The Agency is authorized to provide financial | |
585 | 277 | ||
586 | 278 | ||
587 | - | assistance to units of local government for the performance of | |
588 | - | inspecting, investigating, and enforcement activities pursuant | |
589 | - | to subsection (r) of Section 4 Section 4(r) at nonhazardous | |
590 | - | solid waste disposal sites. | |
591 | - | (i) The Agency is authorized to conduct household waste | |
592 | - | collection and disposal programs. | |
593 | - | (j) A unit of local government, as defined in the Local | |
594 | - | Solid Waste Disposal Act, in which a solid waste disposal | |
595 | - | facility is located may establish a fee, tax, or surcharge | |
596 | - | with regard to the permanent disposal of solid waste. All | |
597 | - | fees, taxes, and surcharges collected under this subsection | |
598 | - | shall be utilized for solid waste management purposes, | |
599 | - | including long-term monitoring and maintenance of landfills, | |
600 | - | planning, implementation, inspection, enforcement and other | |
601 | - | activities consistent with the Solid Waste Management Act and | |
602 | - | the Local Solid Waste Disposal Act, or for any other | |
603 | - | environment-related purpose, including, but not limited to, an | |
604 | - | environment-related public works project, but not for the | |
605 | - | construction of a new pollution control facility other than a | |
606 | - | household hazardous waste facility. However, the total fee, | |
607 | - | tax or surcharge imposed by all units of local government | |
608 | - | under this subsection (j) upon the solid waste disposal | |
609 | - | facility shall not exceed: | |
610 | - | (1) 60 per cubic yard if more than 150,000 cubic | |
611 | - | yards of non-hazardous solid waste is permanently disposed | |
612 | - | of at the site in a calendar year, unless the owner or | |
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614 | 282 | ||
615 | - | operator weighs the quantity of the solid waste received | |
616 | - | with a device for which certification has been obtained | |
617 | - | under the Weights and Measures Act, in which case the fee | |
618 | - | shall not exceed $1.27 per ton of solid waste permanently | |
619 | - | disposed of. | |
620 | - | (2) $33,350 if more than 100,000 cubic yards, but not | |
621 | - | more than 150,000 cubic yards, of non-hazardous waste is | |
622 | - | permanently disposed of at the site in a calendar year. | |
623 | - | (3) $15,500 if more than 50,000 cubic yards, but not | |
624 | - | more than 100,000 cubic yards, of non-hazardous solid | |
625 | - | waste is permanently disposed of at the site in a calendar | |
626 | - | year. | |
627 | - | (4) $4,650 if more than 10,000 cubic yards, but not | |
628 | - | more than 50,000 cubic yards, of non-hazardous solid waste | |
629 | - | is permanently disposed of at the site in a calendar year. | |
630 | - | (5) $650 if not more than 10,000 cubic yards of | |
631 | - | non-hazardous solid waste is permanently disposed of at | |
632 | - | the site in a calendar year. | |
633 | - | The corporate authorities of the unit of local government | |
634 | - | may use proceeds from the fee, tax, or surcharge to reimburse a | |
635 | - | highway commissioner whose road district lies wholly or | |
636 | - | partially within the corporate limits of the unit of local | |
637 | - | government for expenses incurred in the removal of | |
638 | - | nonhazardous, nonfluid municipal waste that has been dumped on | |
639 | - | public property in violation of a State law or local | |
640 | - | ordinance. | |
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285 | + | 1 the State during the study period, not including the residue | |
286 | + | 2 that is landfilled after processing by an MRF. | |
287 | + | 3 "Reusable" means: | |
288 | + | 4 (1) designed to be refilled or used repeatedly for its | |
289 | + | 5 original intended purpose and is returnable; | |
290 | + | 6 (2) safe for washing and sanitizing according to | |
291 | + | 7 applicable State food safety laws; and | |
292 | + | 8 (3) with the exception of ceramic products, capable of | |
293 | + | 9 being recycled at the end of use. | |
294 | + | 10 "Reuse" means the return of packaging to the economic | |
295 | + | 11 stream for use in the same kind of application intended for the | |
296 | + | 12 original packaging without effectuating a change in the | |
297 | + | 13 original composition of the package, the identity of the | |
298 | + | 14 product, or the components thereof. | |
299 | + | 15 "Rigid plastic" means packaging made of plastic that has a | |
300 | + | 16 relatively inflexible finite shape or form and is capable of | |
301 | + | 17 maintaining its shape while empty or while holding other | |
302 | + | 18 products. | |
303 | + | 19 "Service provider" means a hauler, an MRF, or a composting | |
304 | + | 20 facility. | |
305 | + | 21 "Single-use packaging or product" means a packaging or | |
306 | + | 22 product that is supplied to or purchased by consumers | |
307 | + | 23 expressly for the purpose of facilitating food or beverage | |
308 | + | 24 consumption and that is ordinarily disposed of after a single | |
309 | + | 25 use or short-term use, whether or not it could be reused. | |
310 | + | 26 "Study period" means the period represented by the data | |
641 | 311 | ||
642 | 312 | ||
643 | - | For the disposal of solid waste from general construction | |
644 | - | or demolition debris recovery facilities as defined in | |
645 | - | subsection (a-1) of Section 3.160, the total fee, tax, or | |
646 | - | surcharge imposed by all units of local government under this | |
647 | - | subsection (j) upon the solid waste disposal facility shall | |
648 | - | not exceed 50% of the applicable amount set forth above. A unit | |
649 | - | of local government, as defined in the Local Solid Waste | |
650 | - | Disposal Act, in which a general construction or demolition | |
651 | - | debris recovery facility is located may establish a fee, tax, | |
652 | - | or surcharge on the general construction or demolition debris | |
653 | - | recovery facility with regard to the permanent disposal of | |
654 | - | solid waste by the general construction or demolition debris | |
655 | - | recovery facility at a solid waste disposal facility, provided | |
656 | - | that such fee, tax, or surcharge shall not exceed 50% of the | |
657 | - | applicable amount set forth above, based on the total amount | |
658 | - | of solid waste transported from the general construction or | |
659 | - | demolition debris recovery facility for disposal at solid | |
660 | - | waste disposal facilities, and the unit of local government | |
661 | - | and fee shall be subject to all other requirements of this | |
662 | - | subsection (j). | |
663 | - | A county or Municipal Joint Action Agency that imposes a | |
664 | - | fee, tax, or surcharge under this subsection may use the | |
665 | - | proceeds thereof to reimburse a municipality that lies wholly | |
666 | - | or partially within its boundaries for expenses incurred in | |
667 | - | the removal of nonhazardous, nonfluid municipal waste that has | |
668 | - | been dumped on public property in violation of a State law or | |
669 | 313 | ||
670 | 314 | ||
671 | - | local ordinance. | |
672 | - | If the fees are to be used to conduct a local sanitary | |
673 | - | landfill inspection or enforcement program, the unit of local | |
674 | - | government must enter into a written delegation agreement with | |
675 | - | the Agency pursuant to subsection (r) of Section 4. The unit of | |
676 | - | local government and the Agency shall enter into such a | |
677 | - | written delegation agreement within 60 days after the | |
678 | - | establishment of such fees. At least annually, the Agency | |
679 | - | shall conduct an audit of the expenditures made by units of | |
680 | - | local government from the funds granted by the Agency to the | |
681 | - | units of local government for purposes of local sanitary | |
682 | - | landfill inspection and enforcement programs, to ensure that | |
683 | - | the funds have been expended for the prescribed purposes under | |
684 | - | the grant. | |
685 | - | The fees, taxes or surcharges collected under this | |
686 | - | subsection (j) shall be placed by the unit of local government | |
687 | - | in a separate fund, and the interest received on the moneys in | |
688 | - | the fund shall be credited to the fund. The monies in the fund | |
689 | - | may be accumulated over a period of years to be expended in | |
690 | - | accordance with this subsection. | |
691 | - | A unit of local government, as defined in the Local Solid | |
692 | - | Waste Disposal Act, shall prepare and post on its website, in | |
693 | - | April of each year, a report that details spending plans for | |
694 | - | monies collected in accordance with this subsection. The | |
695 | - | report will at a minimum include the following: | |
696 | - | (1) The total monies collected pursuant to this | |
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697 | 317 | ||
698 | 318 | ||
699 | - | subsection. | |
700 | - | (2) The most current balance of monies collected | |
701 | - | pursuant to this subsection. | |
702 | - | (3) An itemized accounting of all monies expended for | |
703 | - | the previous year pursuant to this subsection. | |
704 | - | (4) An estimation of monies to be collected for the | |
705 | - | following 3 years pursuant to this subsection. | |
706 | - | (5) A narrative detailing the general direction and | |
707 | - | scope of future expenditures for one, 2 and 3 years. | |
708 | - | The exemptions granted under Sections 22.16 and 22.16a, | |
709 | - | and under subsection (k) of this Section, shall be applicable | |
710 | - | to any fee, tax or surcharge imposed under this subsection | |
711 | - | (j); except that the fee, tax or surcharge authorized to be | |
712 | - | imposed under this subsection (j) may be made applicable by a | |
713 | - | unit of local government to the permanent disposal of solid | |
714 | - | waste after December 31, 1986, under any contract lawfully | |
715 | - | executed before June 1, 1986 under which more than 150,000 | |
716 | - | cubic yards (or 50,000 tons) of solid waste is to be | |
717 | - | permanently disposed of, even though the waste is exempt from | |
718 | - | the fee imposed by the State under subsection (b) of this | |
719 | - | Section pursuant to an exemption granted under Section 22.16. | |
720 | - | (k) In accordance with the findings and purposes of the | |
721 | - | Illinois Solid Waste Management Act, beginning January 1, 1989 | |
722 | - | the fee under subsection (b) and the fee, tax or surcharge | |
723 | - | under subsection (j) shall not apply to: | |
724 | - | (1) waste which is hazardous waste; | |
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321 | + | 1 compiled and analyzed in the completion of the Statewide | |
322 | + | 2 Recycling Needs Assessment. The study period shall be a | |
323 | + | 3 minimum of a one-year calendar period not earlier than 2022 | |
324 | + | 4 and shall be clearly defined in the scope of work. If more than | |
325 | + | 5 one year of data is used, data shall be presented on an annual | |
326 | + | 6 basis. | |
327 | + | 7 Section 15. Statewide Recycling Needs Assessment Advisory | |
328 | + | 8 Council. | |
329 | + | 9 (a) The Statewide Recycling Needs Assessment Advisory | |
330 | + | 10 Council shall be appointed by the Agency. On or before January | |
331 | + | 11 1, 2024, the Director shall appoint members to the Advisory | |
332 | + | 12 Council to provide advice and recommendations to the Agency in | |
333 | + | 13 the drafting, amendment, and finalization of the Statewide | |
334 | + | 14 Recycling Needs Assessment. | |
335 | + | 15 (b) In appointing members to the Advisory Council under | |
336 | + | 16 subsection (a), the Director shall consider representatives | |
337 | + | 17 from all geographic regions of the State, all sizes of | |
338 | + | 18 communities in the State, all supply chain participants in the | |
339 | + | 19 recycling system, and the racial and gender diversity of this | |
340 | + | 20 State. | |
341 | + | 21 (c) Members of the Advisory Council shall include, but | |
342 | + | 22 shall not be limited to, the following voting members: | |
343 | + | 23 (1) four individuals representing material recovery | |
344 | + | 24 facilities in the State, no more than 2 of whom shall | |
345 | + | 25 represent an MRF that accepts recyclables from Cook County | |
725 | 346 | ||
726 | 347 | ||
727 | - | (2) waste which is pollution control waste; | |
728 | - | (3) waste from recycling, reclamation or reuse | |
729 | - | processes which have been approved by the Agency as being | |
730 | - | designed to remove any contaminant from wastes so as to | |
731 | - | render such wastes reusable, provided that the process | |
732 | - | renders at least 50% of the waste reusable; the exemption | |
733 | - | set forth in this paragraph (3) of this subsection (k) | |
734 | - | shall not apply to general construction or demolition | |
735 | - | debris recovery facilities as defined in subsection (a-1) | |
736 | - | of Section 3.160; | |
737 | - | (4) non-hazardous solid waste that is received at a | |
738 | - | sanitary landfill and composted or recycled through a | |
739 | - | process permitted by the Agency; or | |
740 | - | (5) any landfill which is permitted by the Agency to | |
741 | - | receive only demolition or construction debris or | |
742 | - | landscape waste. | |
743 | - | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | |
744 | - | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | |
745 | - | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | |
746 | - | 102-1055, eff. 6-10-22; revised 8-25-22.) | |
747 | - | Section 99. Effective date. This Act takes effect upon | |
748 | - | becoming law. | |
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356 | + | 1 or the collar counties; | |
357 | + | 2 (2) four individuals representing haulers, one of whom | |
358 | + | 3 shall represent a statewide organization representing | |
359 | + | 4 haulers, one of whom shall represent a publicly traded | |
360 | + | 5 hauler, one of whom shall represent a privately owned | |
361 | + | 6 hauler, and one of whom shall operate a recycling drop-off | |
362 | + | 7 facility; | |
363 | + | 8 (3) one individual representing compost collection and | |
364 | + | 9 processing facilities; | |
365 | + | 10 (4) eight individuals representing rural and urban | |
366 | + | 11 units of local government, one of whom shall represent a | |
367 | + | 12 county with a population of less than 50,000, one of whom | |
368 | + | 13 shall represent a county with a population of more than | |
369 | + | 14 50,000 and less than 1,000,000, one of whom shall | |
370 | + | 15 represent a county with a population of more than | |
371 | + | 16 1,000,000, two of whom shall represent municipalities with | |
372 | + | 17 a population of less than 1,000,000, one of whom shall | |
373 | + | 18 represent a statewide organization of municipalities as | |
374 | + | 19 authorized by Section 1-8-1 of the Illinois Municipal | |
375 | + | 20 Code, one of whom shall represent a municipal joint action | |
376 | + | 21 agency, and one of whom shall represent a municipality | |
377 | + | 22 with a population of 1,000,000 or more; | |
378 | + | 23 (5) two individuals representing retailers, one of | |
379 | + | 24 whom shall represent a statewide association of retailers; | |
380 | + | 25 (6) two individuals representing environmental | |
381 | + | 26 organizations; | |
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392 | + | 1 (7) two individuals representing environmental justice | |
393 | + | 2 advocacy organizations or environmental justice | |
394 | + | 3 communities; | |
395 | + | 4 (8) one individual representing a statewide | |
396 | + | 5 manufacturing association; | |
397 | + | 6 (9) one individual representing manufacturers of | |
398 | + | 7 products containing postconsumer material, or one or more | |
399 | + | 8 associations of such manufacturers; | |
400 | + | 9 (10) one individual representing manufacturers of | |
401 | + | 10 packaging and paper products utilizing virgin materials, | |
402 | + | 11 or one or more associations of suppliers of substrates of | |
403 | + | 12 packaging and paper products; and | |
404 | + | 13 (11) four individuals representing producers of | |
405 | + | 14 consumer products. | |
406 | + | 15 (d) An individual may be appointed to only one position on | |
407 | + | 16 the Advisory Council. Upon completion of the duties of the | |
408 | + | 17 Advisory Council, appointments to the Advisory Council shall | |
409 | + | 18 be terminated and the Advisory Council shall be dissolved. | |
410 | + | 19 (e) The duties of the Advisory Council are as follows: | |
411 | + | 20 (1) to provide guidance on the scope of work for the | |
412 | + | 21 Statewide Recycling Needs Assessment required under | |
413 | + | 22 Section 25; | |
414 | + | 23 (2) to assist in the provision of data required to | |
415 | + | 24 complete the needs assessment; | |
416 | + | 25 (3) to review and comment on the needs assessment | |
417 | + | 26 prior to completion; | |
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428 | + | 1 (4) to review packaging and paper products legislation | |
429 | + | 2 enacted in other states, including identifying the main | |
430 | + | 3 components of the legislation, its implementation steps, | |
431 | + | 4 and its implementation status; | |
432 | + | 5 (5) to evaluate and make recommendations, including | |
433 | + | 6 legislative recommendations, on how to effectively | |
434 | + | 7 establish and implement a producer responsibility program | |
435 | + | 8 in the State for packaging and paper products, including | |
436 | + | 9 recommendations regarding the responsibilities of | |
437 | + | 10 producers under a producer responsibility program; and | |
438 | + | 11 (6) on or before December 1, 2026, to prepare and | |
439 | + | 12 submit a report of its findings and recommendations to the | |
440 | + | 13 General Assembly and the Governor, which shall include an | |
441 | + | 14 opportunity for a minority report. | |
442 | + | 15 (f) The Advisory Council: | |
443 | + | 16 (1) shall meet at the call of the Chair, except for the | |
444 | + | 17 first meeting, which shall be called by the Director; | |
445 | + | 18 (2) shall meet at least quarterly or as determined by | |
446 | + | 19 the Advisory Council Chair; | |
447 | + | 20 (3) shall elect a Chair from among Advisory Council | |
448 | + | 21 members by a simple majority vote; | |
449 | + | 22 (4) may adopt bylaws and a charter for the operation | |
450 | + | 23 of its business for the purposes of this Act; and | |
451 | + | 24 (5) shall be provided administrative support by the | |
452 | + | 25 Agency and Agency staff. | |
453 | + | 26 (g) The Agency may select and hire a third-party | |
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464 | + | 1 facilitator for the Advisory Council. | |
465 | + | 2 Section 20. Statewide needs assessment. | |
466 | + | 3 (a) The Agency shall issue a competitive solicitation in | |
467 | + | 4 accordance with the Illinois Procurement Code to select a | |
468 | + | 5 qualified consultant to conduct a statewide needs assessment | |
469 | + | 6 to assess recycling, composting, and reuse conditions in the | |
470 | + | 7 State for packaging and paper products, including identifying | |
471 | + | 8 current conditions and an evaluation of the capacity, costs, | |
472 | + | 9 gaps, and needs associated with recycling and the diversion of | |
473 | + | 10 packaging and paper products. The Agency shall select the | |
474 | + | 11 consultant on or before July 1, 2024. The needs assessment | |
475 | + | 12 shall be funded by an appropriation from the Agency's Solid | |
476 | + | 13 Waste Management Fund or other appropriated funding. | |
477 | + | 14 (b) All packaging and paper products sold, offered for | |
478 | + | 15 sale, distributed, or imported into the State shall be | |
479 | + | 16 included in the needs assessment. | |
480 | + | 17 (c) The needs assessment shall address, at a minimum, the | |
481 | + | 18 following factors for covered entities: | |
482 | + | 19 (1) the quantity, by weight and type, of packaging and | |
483 | + | 20 paper products sold, offered for sale, distributed, or | |
484 | + | 21 served to consumers in the State by material type and | |
485 | + | 22 format; | |
486 | + | 23 (2) current collection systems for packaging and paper | |
487 | + | 24 products in the State, including for reuse, recycling, | |
488 | + | 25 composting, and disposal; | |
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499 | + | 1 (3) the quantity, by weight, of municipal waste | |
500 | + | 2 disposed on a county-by-county basis for all counties in | |
501 | + | 3 the State; | |
502 | + | 4 (4) the processing capacity and infrastructure for | |
503 | + | 5 reusable, recyclable, and compostable packaging and paper | |
504 | + | 6 products collected in the State, including capacity and | |
505 | + | 7 infrastructure outside the State which serves or may serve | |
506 | + | 8 the State; | |
507 | + | 9 (5) current reuse, recycling, and composting rates for | |
508 | + | 10 packaging and paper products in the State by material | |
509 | + | 11 type; | |
510 | + | 12 (6) current postconsumer recycled content use by | |
511 | + | 13 material type for all packaging and paper products sold in | |
512 | + | 14 the State; | |
513 | + | 15 (7) current reusability, recyclability, or | |
514 | + | 16 compostability of packaging and paper products, by | |
515 | + | 17 material type, for all packaging and paper products sold, | |
516 | + | 18 offered for sale, distributed, or served in the State; | |
517 | + | 19 (8) current system-wide costs for the collection, | |
518 | + | 20 reuse, recycling, and composting of packaging and paper | |
519 | + | 21 products; | |
520 | + | 22 (9) current operational and capital funding | |
521 | + | 23 limitations impacting reuse, recycling, and composting | |
522 | + | 24 access and availability for packaging and paper products | |
523 | + | 25 throughout the State; | |
524 | + | 26 (10) collection and processing system needs to provide | |
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535 | + | 1 access to curbside recycling services for all covered | |
536 | + | 2 entities within municipalities with a population of 1,500 | |
537 | + | 3 or more based on the most recent United States Census, | |
538 | + | 4 with collection provided no less frequently than every 2 | |
539 | + | 5 weeks, and at least one drop-off location for recyclable | |
540 | + | 6 materials within 15 miles of the municipal boundary for | |
541 | + | 7 municipalities with a population less than 1,500, with | |
542 | + | 8 needs identified on a county-by-county basis for all | |
543 | + | 9 counties in the State, and the estimated costs to meet the | |
544 | + | 10 access requirements; | |
545 | + | 11 (11) program costs and capital investments required to | |
546 | + | 12 achieve a 35%, 50%, and 65% recycling rate by December 31, | |
547 | + | 13 2035 for each material type, including paper, plastic, | |
548 | + | 14 glass, and metal, and including investment into existing | |
549 | + | 15 and future reuse, recycling, and composting infrastructure | |
550 | + | 16 for packaging and paper products; | |
551 | + | 17 (12) the market conditions and opportunities for | |
552 | + | 18 reusable, recyclable, and compostable packaging and paper | |
553 | + | 19 products in the State and regionally; | |
554 | + | 20 (13) multilingual public education needs for the | |
555 | + | 21 reduction, reuse, recycling, and composting of packaging | |
556 | + | 22 and paper products, including, but not limited to, a | |
557 | + | 23 scientific survey of current awareness among residents of | |
558 | + | 24 this State of proper end-of-life management for packaging | |
559 | + | 25 and paper products and the needs associated with the | |
560 | + | 26 reduction of contamination rates at MRFs in the State; and | |
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571 | + | 1 (14) an assessment of environmental justice and | |
572 | + | 2 recycling equity in the State, including, but not limited | |
573 | + | 3 to: | |
574 | + | 4 (A) an evaluation of current access to and the | |
575 | + | 5 performance of curbside and drop-off recycling | |
576 | + | 6 programs in units of local government designated as | |
577 | + | 7 environmental justice areas; and | |
578 | + | 8 (B) a comparison of the location of MRFs and | |
579 | + | 9 compost facilities in units of local government that | |
580 | + | 10 have been designated as environmental justice areas | |
581 | + | 11 with units of local government that are not so | |
582 | + | 12 designated. | |
583 | + | 13 (d) Persons with data or information required to complete | |
584 | + | 14 the statewide needs assessment shall provide the Agency with | |
585 | + | 15 such data or information in a timely fashion to assist in | |
586 | + | 16 completing the statewide needs assessment. | |
587 | + | 17 (e) On or before December 31, 2025, the Agency shall | |
588 | + | 18 provide the draft needs assessment to the Advisory Council. | |
589 | + | 19 The Advisory Council shall provide written comments to the | |
590 | + | 20 Agency within 60 days after receipt of the needs assessment. | |
591 | + | 21 The Agency's consultant shall include an assessment of | |
592 | + | 22 comments received in the revised draft needs assessment | |
593 | + | 23 submitted to the Agency and shall provide a summary and an | |
594 | + | 24 analysis of any issues raised by the Advisory Council and | |
595 | + | 25 significant changes suggested by any such comments, a | |
596 | + | 26 statement of the reasons why any significant changes were not | |
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607 | + | 1 incorporated into the results of the study, and a description | |
608 | + | 2 of any changes made to the results of the needs assessment as a | |
609 | + | 3 result of such comments. The needs assessment shall be | |
610 | + | 4 finalized by the Agency on or before May 1, 2026. | |
611 | + | 5 Section 25. Severability. The provisions of this Act shall | |
612 | + | 6 be severable and if any phrase, clause, sentence, or provision | |
613 | + | 7 of this Act or the applicability thereof to any person or | |
614 | + | 8 circumstance shall be held invalid, the remainder of this Act | |
615 | + | 9 and the application thereof shall not be affected thereby. | |
616 | + | 10 Section 30. The Environmental Protection Act is amended by | |
617 | + | 11 changing Section 22.15 as follows: | |
618 | + | 12 (415 ILCS 5/22.15) | |
619 | + | 13 Sec. 22.15. Solid Waste Management Fund; fees. | |
620 | + | 14 (a) There is hereby created within the State Treasury a | |
621 | + | 15 special fund to be known as the Solid Waste Management Fund, to | |
622 | + | 16 be constituted from the fees collected by the State pursuant | |
623 | + | 17 to this Section, from repayments of loans made from the Fund | |
624 | + | 18 for solid waste projects, from registration fees collected | |
625 | + | 19 pursuant to the Consumer Electronics Recycling Act, and from | |
626 | + | 20 amounts transferred into the Fund pursuant to Public Act | |
627 | + | 21 100-433. Moneys received by either the Agency or the | |
628 | + | 22 Department of Commerce and Economic Opportunity in repayment | |
629 | + | 23 of loans made pursuant to the Illinois Solid Waste Management | |
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640 | + | 1 Act shall be deposited into the General Revenue Fund. | |
641 | + | 2 (b) The Agency shall assess and collect a fee in the amount | |
642 | + | 3 set forth herein from the owner or operator of each sanitary | |
643 | + | 4 landfill permitted or required to be permitted by the Agency | |
644 | + | 5 to dispose of solid waste if the sanitary landfill is located | |
645 | + | 6 off the site where such waste was produced and if such sanitary | |
646 | + | 7 landfill is owned, controlled, and operated by a person other | |
647 | + | 8 than the generator of such waste. The Agency shall deposit all | |
648 | + | 9 fees collected into the Solid Waste Management Fund. If a site | |
649 | + | 10 is contiguous to one or more landfills owned or operated by the | |
650 | + | 11 same person, the volumes permanently disposed of by each | |
651 | + | 12 landfill shall be combined for purposes of determining the fee | |
652 | + | 13 under this subsection. Beginning on July 1, 2018, and on the | |
653 | + | 14 first day of each month thereafter during fiscal years 2019 | |
654 | + | 15 through 2023, the State Comptroller shall direct and State | |
655 | + | 16 Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | |
656 | + | 17 per fiscal year from the Solid Waste Management Fund to the | |
657 | + | 18 General Revenue Fund. | |
658 | + | 19 (1) If more than 150,000 cubic yards of non-hazardous | |
659 | + | 20 solid waste is permanently disposed of at a site in a | |
660 | + | 21 calendar year, the owner or operator shall either pay a | |
661 | + | 22 fee of 95 cents per cubic yard or, alternatively, the | |
662 | + | 23 owner or operator may weigh the quantity of the solid | |
663 | + | 24 waste permanently disposed of with a device for which | |
664 | + | 25 certification has been obtained under the Weights and | |
665 | + | 26 Measures Act and pay a fee of $2.00 per ton of solid waste | |
666 | + | ||
667 | + | ||
668 | + | ||
669 | + | ||
670 | + | ||
671 | + | SB1555 Enrolled - 19 - LRB103 24786 CPF 51115 b | |
672 | + | ||
673 | + | ||
674 | + | SB1555 Enrolled- 20 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 20 - LRB103 24786 CPF 51115 b | |
675 | + | SB1555 Enrolled - 20 - LRB103 24786 CPF 51115 b | |
676 | + | 1 permanently disposed of. In no case shall the fee | |
677 | + | 2 collected or paid by the owner or operator under this | |
678 | + | 3 paragraph exceed $1.55 per cubic yard or $3.27 per ton. | |
679 | + | 4 (2) If more than 100,000 cubic yards but not more than | |
680 | + | 5 150,000 cubic yards of non-hazardous waste is permanently | |
681 | + | 6 disposed of at a site in a calendar year, the owner or | |
682 | + | 7 operator shall pay a fee of $52,630. | |
683 | + | 8 (3) If more than 50,000 cubic yards but not more than | |
684 | + | 9 100,000 cubic yards of non-hazardous solid waste is | |
685 | + | 10 permanently disposed of at a site in a calendar year, the | |
686 | + | 11 owner or operator shall pay a fee of $23,790. | |
687 | + | 12 (4) If more than 10,000 cubic yards but not more than | |
688 | + | 13 50,000 cubic yards of non-hazardous solid waste is | |
689 | + | 14 permanently disposed of at a site in a calendar year, the | |
690 | + | 15 owner or operator shall pay a fee of $7,260. | |
691 | + | 16 (5) If not more than 10,000 cubic yards of | |
692 | + | 17 non-hazardous solid waste is permanently disposed of at a | |
693 | + | 18 site in a calendar year, the owner or operator shall pay a | |
694 | + | 19 fee of $1050. | |
695 | + | 20 (c) (Blank). | |
696 | + | 21 (d) The Agency shall establish rules relating to the | |
697 | + | 22 collection of the fees authorized by this Section. Such rules | |
698 | + | 23 shall include, but not be limited to: | |
699 | + | 24 (1) necessary records identifying the quantities of | |
700 | + | 25 solid waste received or disposed; | |
701 | + | 26 (2) the form and submission of reports to accompany | |
702 | + | ||
703 | + | ||
704 | + | ||
705 | + | ||
706 | + | ||
707 | + | SB1555 Enrolled - 20 - LRB103 24786 CPF 51115 b | |
708 | + | ||
709 | + | ||
710 | + | SB1555 Enrolled- 21 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 21 - LRB103 24786 CPF 51115 b | |
711 | + | SB1555 Enrolled - 21 - LRB103 24786 CPF 51115 b | |
712 | + | 1 the payment of fees to the Agency; | |
713 | + | 2 (3) the time and manner of payment of fees to the | |
714 | + | 3 Agency, which payments shall not be more often than | |
715 | + | 4 quarterly; and | |
716 | + | 5 (4) procedures setting forth criteria establishing | |
717 | + | 6 when an owner or operator may measure by weight or volume | |
718 | + | 7 during any given quarter or other fee payment period. | |
719 | + | 8 (e) Pursuant to appropriation, all monies in the Solid | |
720 | + | 9 Waste Management Fund shall be used by the Agency for the | |
721 | + | 10 purposes set forth in this Section and in the Illinois Solid | |
722 | + | 11 Waste Management Act, including for the costs of fee | |
723 | + | 12 collection and administration, and for the administration of | |
724 | + | 13 the Consumer Electronics Recycling Act, and the Drug Take-Back | |
725 | + | 14 Act, and the Statewide Recycling Needs Assessment Act. | |
726 | + | 15 (f) The Agency is authorized to enter into such agreements | |
727 | + | 16 and to promulgate such rules as are necessary to carry out its | |
728 | + | 17 duties under this Section and the Illinois Solid Waste | |
729 | + | 18 Management Act. | |
730 | + | 19 (g) On the first day of January, April, July, and October | |
731 | + | 20 of each year, beginning on July 1, 1996, the State Comptroller | |
732 | + | 21 and Treasurer shall transfer $500,000 from the Solid Waste | |
733 | + | 22 Management Fund to the Hazardous Waste Fund. Moneys | |
734 | + | 23 transferred under this subsection (g) shall be used only for | |
735 | + | 24 the purposes set forth in item (1) of subsection (d) of Section | |
736 | + | 25 22.2. | |
737 | + | 26 (h) The Agency is authorized to provide financial | |
738 | + | ||
739 | + | ||
740 | + | ||
741 | + | ||
742 | + | ||
743 | + | SB1555 Enrolled - 21 - LRB103 24786 CPF 51115 b | |
744 | + | ||
745 | + | ||
746 | + | SB1555 Enrolled- 22 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 22 - LRB103 24786 CPF 51115 b | |
747 | + | SB1555 Enrolled - 22 - LRB103 24786 CPF 51115 b | |
748 | + | 1 assistance to units of local government for the performance of | |
749 | + | 2 inspecting, investigating, and enforcement activities pursuant | |
750 | + | 3 to subsection (r) of Section 4 Section 4(r) at nonhazardous | |
751 | + | 4 solid waste disposal sites. | |
752 | + | 5 (i) The Agency is authorized to conduct household waste | |
753 | + | 6 collection and disposal programs. | |
754 | + | 7 (j) A unit of local government, as defined in the Local | |
755 | + | 8 Solid Waste Disposal Act, in which a solid waste disposal | |
756 | + | 9 facility is located may establish a fee, tax, or surcharge | |
757 | + | 10 with regard to the permanent disposal of solid waste. All | |
758 | + | 11 fees, taxes, and surcharges collected under this subsection | |
759 | + | 12 shall be utilized for solid waste management purposes, | |
760 | + | 13 including long-term monitoring and maintenance of landfills, | |
761 | + | 14 planning, implementation, inspection, enforcement and other | |
762 | + | 15 activities consistent with the Solid Waste Management Act and | |
763 | + | 16 the Local Solid Waste Disposal Act, or for any other | |
764 | + | 17 environment-related purpose, including, but not limited to, an | |
765 | + | 18 environment-related public works project, but not for the | |
766 | + | 19 construction of a new pollution control facility other than a | |
767 | + | 20 household hazardous waste facility. However, the total fee, | |
768 | + | 21 tax or surcharge imposed by all units of local government | |
769 | + | 22 under this subsection (j) upon the solid waste disposal | |
770 | + | 23 facility shall not exceed: | |
771 | + | 24 (1) 60 per cubic yard if more than 150,000 cubic | |
772 | + | 25 yards of non-hazardous solid waste is permanently disposed | |
773 | + | 26 of at the site in a calendar year, unless the owner or | |
774 | + | ||
775 | + | ||
776 | + | ||
777 | + | ||
778 | + | ||
779 | + | SB1555 Enrolled - 22 - LRB103 24786 CPF 51115 b | |
780 | + | ||
781 | + | ||
782 | + | SB1555 Enrolled- 23 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 23 - LRB103 24786 CPF 51115 b | |
783 | + | SB1555 Enrolled - 23 - LRB103 24786 CPF 51115 b | |
784 | + | 1 operator weighs the quantity of the solid waste received | |
785 | + | 2 with a device for which certification has been obtained | |
786 | + | 3 under the Weights and Measures Act, in which case the fee | |
787 | + | 4 shall not exceed $1.27 per ton of solid waste permanently | |
788 | + | 5 disposed of. | |
789 | + | 6 (2) $33,350 if more than 100,000 cubic yards, but not | |
790 | + | 7 more than 150,000 cubic yards, of non-hazardous waste is | |
791 | + | 8 permanently disposed of at the site in a calendar year. | |
792 | + | 9 (3) $15,500 if more than 50,000 cubic yards, but not | |
793 | + | 10 more than 100,000 cubic yards, of non-hazardous solid | |
794 | + | 11 waste is permanently disposed of at the site in a calendar | |
795 | + | 12 year. | |
796 | + | 13 (4) $4,650 if more than 10,000 cubic yards, but not | |
797 | + | 14 more than 50,000 cubic yards, of non-hazardous solid waste | |
798 | + | 15 is permanently disposed of at the site in a calendar year. | |
799 | + | 16 (5) $650 if not more than 10,000 cubic yards of | |
800 | + | 17 non-hazardous solid waste is permanently disposed of at | |
801 | + | 18 the site in a calendar year. | |
802 | + | 19 The corporate authorities of the unit of local government | |
803 | + | 20 may use proceeds from the fee, tax, or surcharge to reimburse a | |
804 | + | 21 highway commissioner whose road district lies wholly or | |
805 | + | 22 partially within the corporate limits of the unit of local | |
806 | + | 23 government for expenses incurred in the removal of | |
807 | + | 24 nonhazardous, nonfluid municipal waste that has been dumped on | |
808 | + | 25 public property in violation of a State law or local | |
809 | + | 26 ordinance. | |
810 | + | ||
811 | + | ||
812 | + | ||
813 | + | ||
814 | + | ||
815 | + | SB1555 Enrolled - 23 - LRB103 24786 CPF 51115 b | |
816 | + | ||
817 | + | ||
818 | + | SB1555 Enrolled- 24 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 24 - LRB103 24786 CPF 51115 b | |
819 | + | SB1555 Enrolled - 24 - LRB103 24786 CPF 51115 b | |
820 | + | 1 For the disposal of solid waste from general construction | |
821 | + | 2 or demolition debris recovery facilities as defined in | |
822 | + | 3 subsection (a-1) of Section 3.160, the total fee, tax, or | |
823 | + | 4 surcharge imposed by all units of local government under this | |
824 | + | 5 subsection (j) upon the solid waste disposal facility shall | |
825 | + | 6 not exceed 50% of the applicable amount set forth above. A unit | |
826 | + | 7 of local government, as defined in the Local Solid Waste | |
827 | + | 8 Disposal Act, in which a general construction or demolition | |
828 | + | 9 debris recovery facility is located may establish a fee, tax, | |
829 | + | 10 or surcharge on the general construction or demolition debris | |
830 | + | 11 recovery facility with regard to the permanent disposal of | |
831 | + | 12 solid waste by the general construction or demolition debris | |
832 | + | 13 recovery facility at a solid waste disposal facility, provided | |
833 | + | 14 that such fee, tax, or surcharge shall not exceed 50% of the | |
834 | + | 15 applicable amount set forth above, based on the total amount | |
835 | + | 16 of solid waste transported from the general construction or | |
836 | + | 17 demolition debris recovery facility for disposal at solid | |
837 | + | 18 waste disposal facilities, and the unit of local government | |
838 | + | 19 and fee shall be subject to all other requirements of this | |
839 | + | 20 subsection (j). | |
840 | + | 21 A county or Municipal Joint Action Agency that imposes a | |
841 | + | 22 fee, tax, or surcharge under this subsection may use the | |
842 | + | 23 proceeds thereof to reimburse a municipality that lies wholly | |
843 | + | 24 or partially within its boundaries for expenses incurred in | |
844 | + | 25 the removal of nonhazardous, nonfluid municipal waste that has | |
845 | + | 26 been dumped on public property in violation of a State law or | |
846 | + | ||
847 | + | ||
848 | + | ||
849 | + | ||
850 | + | ||
851 | + | SB1555 Enrolled - 24 - LRB103 24786 CPF 51115 b | |
852 | + | ||
853 | + | ||
854 | + | SB1555 Enrolled- 25 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 25 - LRB103 24786 CPF 51115 b | |
855 | + | SB1555 Enrolled - 25 - LRB103 24786 CPF 51115 b | |
856 | + | 1 local ordinance. | |
857 | + | 2 If the fees are to be used to conduct a local sanitary | |
858 | + | 3 landfill inspection or enforcement program, the unit of local | |
859 | + | 4 government must enter into a written delegation agreement with | |
860 | + | 5 the Agency pursuant to subsection (r) of Section 4. The unit of | |
861 | + | 6 local government and the Agency shall enter into such a | |
862 | + | 7 written delegation agreement within 60 days after the | |
863 | + | 8 establishment of such fees. At least annually, the Agency | |
864 | + | 9 shall conduct an audit of the expenditures made by units of | |
865 | + | 10 local government from the funds granted by the Agency to the | |
866 | + | 11 units of local government for purposes of local sanitary | |
867 | + | 12 landfill inspection and enforcement programs, to ensure that | |
868 | + | 13 the funds have been expended for the prescribed purposes under | |
869 | + | 14 the grant. | |
870 | + | 15 The fees, taxes or surcharges collected under this | |
871 | + | 16 subsection (j) shall be placed by the unit of local government | |
872 | + | 17 in a separate fund, and the interest received on the moneys in | |
873 | + | 18 the fund shall be credited to the fund. The monies in the fund | |
874 | + | 19 may be accumulated over a period of years to be expended in | |
875 | + | 20 accordance with this subsection. | |
876 | + | 21 A unit of local government, as defined in the Local Solid | |
877 | + | 22 Waste Disposal Act, shall prepare and post on its website, in | |
878 | + | 23 April of each year, a report that details spending plans for | |
879 | + | 24 monies collected in accordance with this subsection. The | |
880 | + | 25 report will at a minimum include the following: | |
881 | + | 26 (1) The total monies collected pursuant to this | |
882 | + | ||
883 | + | ||
884 | + | ||
885 | + | ||
886 | + | ||
887 | + | SB1555 Enrolled - 25 - LRB103 24786 CPF 51115 b | |
888 | + | ||
889 | + | ||
890 | + | SB1555 Enrolled- 26 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 26 - LRB103 24786 CPF 51115 b | |
891 | + | SB1555 Enrolled - 26 - LRB103 24786 CPF 51115 b | |
892 | + | 1 subsection. | |
893 | + | 2 (2) The most current balance of monies collected | |
894 | + | 3 pursuant to this subsection. | |
895 | + | 4 (3) An itemized accounting of all monies expended for | |
896 | + | 5 the previous year pursuant to this subsection. | |
897 | + | 6 (4) An estimation of monies to be collected for the | |
898 | + | 7 following 3 years pursuant to this subsection. | |
899 | + | 8 (5) A narrative detailing the general direction and | |
900 | + | 9 scope of future expenditures for one, 2 and 3 years. | |
901 | + | 10 The exemptions granted under Sections 22.16 and 22.16a, | |
902 | + | 11 and under subsection (k) of this Section, shall be applicable | |
903 | + | 12 to any fee, tax or surcharge imposed under this subsection | |
904 | + | 13 (j); except that the fee, tax or surcharge authorized to be | |
905 | + | 14 imposed under this subsection (j) may be made applicable by a | |
906 | + | 15 unit of local government to the permanent disposal of solid | |
907 | + | 16 waste after December 31, 1986, under any contract lawfully | |
908 | + | 17 executed before June 1, 1986 under which more than 150,000 | |
909 | + | 18 cubic yards (or 50,000 tons) of solid waste is to be | |
910 | + | 19 permanently disposed of, even though the waste is exempt from | |
911 | + | 20 the fee imposed by the State under subsection (b) of this | |
912 | + | 21 Section pursuant to an exemption granted under Section 22.16. | |
913 | + | 22 (k) In accordance with the findings and purposes of the | |
914 | + | 23 Illinois Solid Waste Management Act, beginning January 1, 1989 | |
915 | + | 24 the fee under subsection (b) and the fee, tax or surcharge | |
916 | + | 25 under subsection (j) shall not apply to: | |
917 | + | 26 (1) waste which is hazardous waste; | |
918 | + | ||
919 | + | ||
920 | + | ||
921 | + | ||
922 | + | ||
923 | + | SB1555 Enrolled - 26 - LRB103 24786 CPF 51115 b | |
924 | + | ||
925 | + | ||
926 | + | SB1555 Enrolled- 27 -LRB103 24786 CPF 51115 b SB1555 Enrolled - 27 - LRB103 24786 CPF 51115 b | |
927 | + | SB1555 Enrolled - 27 - LRB103 24786 CPF 51115 b | |
928 | + | 1 (2) waste which is pollution control waste; | |
929 | + | 2 (3) waste from recycling, reclamation or reuse | |
930 | + | 3 processes which have been approved by the Agency as being | |
931 | + | 4 designed to remove any contaminant from wastes so as to | |
932 | + | 5 render such wastes reusable, provided that the process | |
933 | + | 6 renders at least 50% of the waste reusable; the exemption | |
934 | + | 7 set forth in this paragraph (3) of this subsection (k) | |
935 | + | 8 shall not apply to general construction or demolition | |
936 | + | 9 debris recovery facilities as defined in subsection (a-1) | |
937 | + | 10 of Section 3.160; | |
938 | + | 11 (4) non-hazardous solid waste that is received at a | |
939 | + | 12 sanitary landfill and composted or recycled through a | |
940 | + | 13 process permitted by the Agency; or | |
941 | + | 14 (5) any landfill which is permitted by the Agency to | |
942 | + | 15 receive only demolition or construction debris or | |
943 | + | 16 landscape waste. | |
944 | + | 17 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | |
945 | + | 18 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | |
946 | + | 19 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | |
947 | + | 20 102-1055, eff. 6-10-22; revised 8-25-22.) | |
948 | + | 21 Section 99. Effective date. This Act takes effect upon | |
949 | + | 22 becoming law. | |
950 | + | ||
951 | + | ||
952 | + | ||
953 | + | ||
954 | + | ||
955 | + | SB1555 Enrolled - 27 - LRB103 24786 CPF 51115 b |