Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1555 Compare Versions

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1-Public Act 103-0383
21 SB1555 EnrolledLRB103 24786 CPF 51115 b SB1555 Enrolled LRB103 24786 CPF 51115 b
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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
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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
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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.
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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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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.
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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
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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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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
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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
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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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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,
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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;
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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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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
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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
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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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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
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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
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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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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
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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
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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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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
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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
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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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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
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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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463+ SB1555 Enrolled - 14 - LRB103 24786 CPF 51115 b
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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534+ SB1555 Enrolled - 16 - LRB103 24786 CPF 51115 b
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
561+
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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
630+
631+
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633+
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639+ SB1555 Enrolled - 19 - LRB103 24786 CPF 51115 b
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
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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
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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+
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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
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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.
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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+
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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
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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;
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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.
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