HB5348 103RD GENERAL ASSEMBLY

LRB103 39024 BDA 69161 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5348

Introduced 2/9/2024, by Rep. Sharon Chung

SYNOPSIS AS INTRODUCED:

New Act

Creates the Portable Batteries Stewardship Act. Requires producers that are selling or distributing certain batteries to participate in a battery stewardship organization. Requires certain batteries to be marked with specified labeling for the purposes of later disposal. Provides for roles of retailers with respect to certain batteries. Prohibits retailers, producers, or battery stewardship organizations from charging a specific point-of-sale fee to consumers. Describes reporting and plan approval requirements. Provides that battery stewardship organizations must develop a system to collect charges from participating producers to cover expenses and duties of battery stewardship organizations. Provides for specified collection containers and locations for specified batteries. Provides that battery stewardship organizations must provide certain permanent collection sites and meet other requirements. Provides for use of existing waste collection services and facilities where practicable. Provides for educational and outreach requirements. Provides for an annual fee to the Agency to be deposited into the Solid Waste Management Fund. Describes responsibilities of the Agency. Provides for a $7,000 civil penalty for violations collected through a civil action brought by a State's Attorney or the Attorney General to be deposited into the Environmental Protection Trust Fund, as well as prohibitory or mandatory injunctive relief. Creates a Class 4 felony for fraud related to the Act. Sets requirements for battery disposal and collection. Prohibits certain types of battery disposal and collection. Provides for battery stewardship organizations to complete an assessment for the purposes of identifying any required adjustments to the program. Grants immunity to certain organizations from antitrust requirements and related laws. Grants rulemaking powers to the Agency. Contains other provisions. States findings and purposes. Defines terms. Effective immediately.

A BILL FOR

AN Act concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Portable Batteries Stewardship Act.

Section 5. Findings and purpose. The General Assembly finds that:

(1) It is in the public interest of the citizens of Illinois to encourage the recovery and reuse of materials, such as metals, that replace the output of mining and other extractive industries.

(2) Without a dedicated battery stewardship program, battery user confusion regarding proper disposal options will continue to persist.

(3) Ensuring the proper handling, recycling, and end-of-life management of used batteries prevents the release of toxic materials into the environment and removes materials from the waste stream that, if mishandled, may present safety concerns to workers, such as by igniting fires at solid waste handling facilities. For this reason, batteries should not be placed into commingled recycling containers or disposed of via traditional garbage collection containers.

(4) Jurisdictions around the world have successfully implemented battery stewardship laws that have helped address the challenges posed by the end-of-life management of batteries. Because it is difficult for customers to differentiate between types and chemistries of batteries, it is the best practice for battery stewardship programs to collect all battery types and chemistries. Furthermore, it is appropriate for larger batteries used in emerging market sectors such as electric vehicles, solar power arrays, and data centers to be managed to ensure environmentally positive outcomes similar to those achieved by a battery stewardship program, both because of the potential economic value of large batteries used for these purposes and the anticipated profusion of these larger batteries as these market sectors mature.

Section 10. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Battery-containing product" means a product that contains or is packaged with rechargeable or primary batteries that are covered batteries. A "battery-containing product" does not include a covered electronic product under an approved plan implemented under the Consumer Electronics Recycling Act.

"Battery stewardship organization" means a producer that directly implements a battery stewardship plan required under this Act or a nonprofit organization designated by a producer or group of producers to implement a battery stewardship plan required under this Act.

"Collection rate" means a percentage, by weight, that a battery stewardship organization collects that is calculated by dividing the total weight of primary and rechargeable batteries collected during the previous calendar year by the average annual weight of primary and rechargeable batteries that were estimated to have been sold in the State by all producers participating in an approved battery stewardship plan during the previous 3 calendar years.

"Covered battery" means a portable battery or, beginning January 1, 2028, a medium format battery. "Covered battery" does not include:

(1) a battery contained within a medical device, as specified in 21 U.S.C. 321(h) as it existed as of the effective date of this Act, that is not designed and marketed for sale or resale principally to consumers for personal use;

(2) a battery that contains an electrolyte as a free liquid;

(3) a lead-acid battery weighing greater than 11 pounds;

(4) a battery subject to the provisions of Section 22.23 of the Environmental Protection Act; and

(5) aA battery in a battery-containing product that is not intended or designed to be easily removable from the battery-containing product.

"Easily removable" means designed by the manufacturer to be removable by the user of the product with no more than commonly used household tools.

"Environmentally sound management practices" means practices that: (a) comply with all applicable laws and rules to protect workers, public health, and the environment; (b) provide for adequate recordkeeping, tracking, and documenting of the fate of materials within the State and beyond; and (c) include comprehensive liability coverage for the battery stewardship organization, including environmental liability coverage that is commercially practicable.

"Large format battery" means:

(1) a rechargeable battery that weighs more than 25 pounds or has a rating of more than 2,000 watt-hours; or

(2) a primary battery that weighs more than 25 pounds.

"Medium format battery" means the following primary or rechargeable covered batteries:

(1) for rechargeable batteries, a battery weighing more than 11 pounds or has a rating of more than 300 watt-hours, or both, and no more than 25 pounds and has a rating of no more than 2,000 watt-hours; and

(2) for primary batteries, a battery weighing more than 4.4 pounds but not more than 25 pounds.

"Portable battery" means the following primary or rechargeable covered batteries:

(1) for rechargeable batteries, a battery weighing no more than 11 pounds and has a rating of no more than 300 watt-hours; and

(2) for primary batteries, a battery weighing no more than 4.4 pounds.

"Primary battery" means a battery that is not capable of being recharged.

"Producer" means the following person responsible for compliance with requirements under this Act for a covered battery or battery-containing product sold, offered for sale, or distributed in or into this State:

(1) For covered batteries:

(A) if the battery is sold under the brand of the battery manufacturer, the producer is the person that manufactures the battery;

(B) if the battery is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner;

(C) if there is no person to which (A) or (B) of this paragraph regarding covered batteries applies, the producer is the person that is the licensee of a brand or trademark under which the battery is used in a commercial enterprise, sold, offered for sale, or distributed in or into this State, whether or not the trademark is registered in this State;

(D) if there is no person described in (A) through (C) of this paragraph regarding covered batteries within the United States, the producer is the person who is the importer of record for the battery into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the battery in this State; or

(E) if there is no person described in (A) through (D) of this paragraph regarding covered batteries with a commercial presence within the State, the producer is the person who first sells, offers for sale, or distributes the battery in or into this State.

(2) For covered battery-containing products:

(A) if the battery-containing product is sold under the brand of the product manufacturer, the producer is the person that manufactures the product;

(B) if the battery-containing product is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner;

(C) if there is no person to which (A) or (B) of this paragraph regarding covered battery-containing products applies, the producer is the person that is the licensee of a brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this State, whether or not the trademark is registered in this State;

(D) if there is no person described in (A) through (C) of this paragraph regarding covered battery-containing products applies within the United States, the producer is the person who is the importer of record for the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in this State;

(E) if there is no person described in (A) through (D) of this paragraph regarding covered battery-containing products with a commercial presence within the State, the producer is the person who first sells, offers for sale, or distributes the product in or into this State; or

(F) a producer does not include any person who only manufactures, sells, offers for sale, distributes, or imports into the State a battery-containing product if the only batteries used by the battery-containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery under this Act. Such a producer of covered batteries that are included in a battery-containing product must provide written certification of that membership to both the producer of the covered battery-containing product and the battery stewardship organization of which the battery producer is a member.

A person is the "producer" of a covered battery or covered battery-containing product sold, offered for sale, or distributed in or into this State, except where another party has contractually accepted responsibility as a responsible producer and has joined a registered battery stewardship organization as the producer for that covered battery or covered battery-containing product under this Act.

"Program" means a program implemented by a battery stewardship organization consistent with an approved battery stewardship plan.

"Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, designed to be recharged.

"Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than:

(1) combustion;

(2) incineration;

(3) energy generation;

(4) fuel production; or

(5) beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.

"Recycling efficiency rate" means the ratio of the weight of covered battery components and materials recycled by a program operator from covered batteries to the weight of those covered batteries collected by the program operator.

"Retailer" means a person who sells covered batteries or battery-containing products in or into this State or offers or otherwise makes available covered batteries or battery-containing products to a customer, including other businesses, for use by a customer in this State.

Section 25. Requirement that producers implement a stewardship plan. Beginning January 1, 2026:

(1) Each producer selling, making available for sale, or distributing covered batteries or battery-containing products in or into the State of Illinois shall participate in an approved Illinois State battery stewardship plan through participation in and appropriate funding of a battery stewardship organization; and

(2) A producer that does not participate in a battery stewardship organization and battery stewardship plan may not sell covered batteries or battery-containing products covered by this Act in or into Illinois.

Section 30. Role of Retailers.

(a) Beginning July 1, 2026, for portable batteries, and July 1, 2028, for medium format batteries, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product unless the producer of the covered battery or battery-containing product certifies to the retailer that the producer participates in a battery stewardship organization whose plan has been approved by the Agency.

(b) A retailer is in compliance with the requirements of subsection (a) of this Section and is not subject to penalties under Section 70 of this Act as long as the website made available by the Agency under Section 65 of this Act lists, as of the date a product is made available for retail sale, a producer or brand of covered battery or battery-containing product sold by the retailer as being a participant in an approved plan or the implementer of an approved plan.

(c) Retailers of covered batteries or battery-containing products are not required to make retail locations available to serve as collection sites for a stewardship program operated by a battery stewardship organization. Retailers that serve as a collection site must comply with the requirements for collection sites, consistent with Section 50 of this Act.

(d) A retailer may not sell, offer for sale, distribute, or otherwise make available for sale covered batteries, unless those batteries are marked consistent with the requirements of Section 75 of this Act. A producer of a battery-containing product containing a covered battery must certify to the retailers of their product that the battery contained in the battery-containing product is marked consistent with the requirements of Section 75 of this Act. A retailer may rely on this certification for purposes of compliance under this subsection.

(e) A retailer selling or offering covered batteries or battery-containing products for sale in Illinois may provide information, provided to the retailer by the battery stewardship organization, regarding available end-of-life management options for covered batteries collected by the battery stewardship organization. The information that a battery stewardship organization must make available to retailers for voluntary use by retailers must include, but is not limited to, in-store signage, written materials, and other promotional materials that retailers may use to inform customers of the available end-of-life management options for covered batteries collected by the battery stewardship organization.

(f) Retailers, producers, or battery stewardship organizations shall not charge a specific point-of-sale fee to consumers to cover the administrative or operational costs of the battery stewardship organization or the battery stewardship program.

Section 35. Stewardship plan components.

(a) By July 1, 2025, each battery stewardship organization must submit a plan for covered portable batteries to the Agency for approval. By July 1, 2027, each battery stewardship organization must submit a plan for covered medium format batteries to the Agency for approval. A battery stewardship organization may submit a plan at any time to the Agency for review and approval. The Agency must review and may approve a plan based on whether it contains and adequately addresses the following components:

(1) lists and provides contact information for each producer, battery brand, and battery-containing product brand covered in the plan;

(2) proposes performance goals, consistent with Section 40 of this Act, including establishing performance goals for each of the next 3 upcoming calendar years of program implementation;

(3) describes how the battery stewardship organization will make retailers aware of their obligation to sell only covered batteries and battery-containing products of producers participating in an approved plan;

(4) describes the education and communications strategy being implemented to effectively promote participation in the approved covered battery stewardship program and provide the information necessary for effective participation of consumers, retailers, and others;

(5) describes how the battery stewardship organization will make available to collection sites, for voluntary use, signage, written materials, and other promotional materials that collection sites may use to inform consumers of the available end-of-life management options for covered batteries collected by the battery stewardship organization;

(6) lists promotional activities to be undertaken, and the identification of consumer awareness goals and strategies that the program will employ to achieve these goals after the program begins to be implemented;

(7) includes collection site safety training procedures related to covered battery collection activities at collection sites, including appropriate protocols to reduce risks of spills or fires and response protocols in the event of a spill or fire, and a protocol for safe management of damaged batteries that are returned to collection sites;

(8) describes the method to establish and administer a means for fully funding the program in a manner that equitably distributes the program's costs among the producers that are part of the battery stewardship organization. For producers that elect to meet the requirements of this Act individually, without joining a battery stewardship organization, the plan must describe the proposed method to establish and administer a means for fully funding the program;

(9) describes the financing methods used to implement the plan, consistent with Section 45 of this Act;

(10) describes how the program will collect all covered battery chemistries and brands on a free, continuous, convenient, visible, and accessible basis, and consistent with the requirements of Section 50 of this Act, including a description of how the statewide convenience standard will be met and a list of collection sites, including the address of collection sites;

(11) describes the criteria to be used in the program to determine whether an entity may serve as a collection site for discarded batteries under the program;

(12) establishes collection goals for each of the first 3 years of implementation of the battery stewardship plan that are based on the estimated total weight of primary and rechargeable covered batteries that have been sold in the State in the previous 3 calendar years by the producers participating in the battery stewardship plan;

(13) identifies proposed sorters, transporters, processors, and facilities to be used by the program for the final disposition of batteries and how collected batteries will be managed in an environmentally sound manner at facilities operating with human health and environmental protection standards that are broadly equivalent to or better than those required in the United States;

(14) details how the program will achieve a recycling efficiency rate, calculated consistent with Section 60 of this Act, of at least 60% for rechargeable batteries and at least 70% for primary batteries; and

(15) proposes goals for increasing public awareness of the program and describes how the public education and outreach components of the program under Section 55 of this Act will be implemented.

(b) The Agency shall review the stewardship plan for compliance with this Act and shall approve, disapprove, or conditionally approve the plan within 120 days of receipt of the plan. If the Agency disapproves a stewardship plan submitted by a battery stewardship organization, the Agency shall explain how the stewardship plan does not comply with this Act and provide written notice to the battery stewardship organization within 30 days of disapproval. The battery stewardship organization may resubmit to the Agency a revised stewardship plan within 60 days of the date the written notice was issued, and the Agency shall review the revised stewardship plan within 90 days of resubmittal. If a revised stewardship plan is disapproved by the Agency, a producer operating under the stewardship plan shall not be in compliance with this Act until the Agency approves a stewardship plan submitted by a battery stewardship organization that covers the producer's products.

(c) If required by the Agency, a battery stewardship organization must submit a new plan to the Agency for approval:

(1) if there are significant changes to the methods of collection, transport, or end-of-life management of covered batteries under Section 50 of this Act that are not provided for in the plan, the Agency may identify the types of significant changes that require a new plan to be submitted to the Agency for approval; for purposes of this subsection (c), adding or removing a processor or transporter under the plan is not considered a significant change that requires a plan resubmittal;

(2) to address the novel inclusion of medium format batteries or large format batteries as covered batteries under the plan; and

(3) no less than every 5 years.

(d) If required by the Agency, a battery stewardship organization must provide plan amendments to the Agency for approval:

(1) when proposing changes to the performance goals under Section 40 of this Act based on the up-to-date experience of the program;

(2) when there is a change to the method of financing plan implementation under Section 45 of this Act. This does not include changes to the fees or fee structure established in the plan; or

(3) when adding or removing a processor or transporter, as part of a quarterly update submitted to the Agency.

(e) As part of a quarterly update, a battery stewardship organization must notify the Agency after a producer begins or ceases to participate in a battery stewardship organization. The quarterly update submitted to the Agency must also include a current list of the producers and brands participating in the plan.

(f) No earlier than 5 years after the initial approval of a plan, the Agency may require a battery stewardship organization to submit a revised plan, which may include improvements to the collection site network or increased expenditures dedicated to education and outreach if the approved plan has not met the performance goals under Section 40 of this Act.

Section 40. Stewardship program components; performance goals.

(a) Each battery stewardship plan must include performance goals that measure, on an annual basis, the achievements of the program, including:

(1) the collection rate for batteries in Illinois;

(2) the recycling efficiency rate of the program; and

(3) public awareness of the program.

(b) The performance goals established in each battery stewardship plan must include, but are not limited to:

(1) target collection rates for primary batteries and for rechargeable batteries;

(2) target recycling efficiency rates of at least 60% for rechargeable batteries and at least 70% for primary batteries; and

(3) goals for public awareness, convenience, and accessibility that meet or exceed the minimum requirements established in Section 50 of this Act.

Section 45. Stewardship program components; funding.

(a) Each battery stewardship organization must ensure adequate funding is available to fully implement approved battery stewardship plans, including the implementation of aspects of the plan addressing:

(1) battery collection, transporting, and processing;

(2) education and outreach;

(3) program evaluation; and

(4) payment of the administrative fees to the Agency under Section 65 of this Act.

(b) A battery stewardship organization implementing a battery stewardship plan on behalf of producers must develop, and continually improve over the years of program implementation a system to collect charges from participating producers to cover the costs of plan implementation.

(c) Each battery stewardship organization is responsible for all costs of participating covered battery collection, transportation, processing, education, administration, agency reimbursement, recycling, and end-of-life management in accordance with the requirements of this Act and environmentally sound management practices. Each battery stewardship organization must meet the collection goals as specified in Section 35 of this Act. A battery stewardship organization is not authorized to reduce or cease collection, education and outreach, or other activities implemented under an approved plan based on achievement of program performance goals.

(d) A battery stewardship organization must reimburse local governments for demonstrable costs incurred as a result of a local government facility or solid waste handling facility serving as a collection site for a program including, but not limited to, associated labor costs and other costs associated with accessibility and collection site standards such as storage. A battery stewardship organization shall, at a minimum, provide collection sites with appropriate containers for covered batteries subject to its program, training, signage, safety guidance, and educational materials, at no cost to the collection sites.

Section 50. Stewardship program components; collection and management requirements.

(a) Battery stewardship organizations implementing a battery stewardship plan must provide for the collection of all covered batteries, including all chemistries and brands of covered batteries, on a free, continuous, convenient, visible, and accessible basis to any person, business, governmental agency, or nonprofit organization. Except as provided in subsection (b), paragraph (1) of this Section, each battery stewardship plan must allow any person, business, governmental agency, or nonprofit organization to discard each chemistry and brand of covered battery at each collection site that counts toward the satisfaction of the collection site criteria in subsection (c) of this Section.

(b) For each collection site used by the program, each battery stewardship organization must provide suitable collection containers for covered batteries that are segregated from other solid waste or make mutually agreeable alternative arrangements for the collection of batteries at the site. The location of collection containers at each collection site used by the program must be within view of a responsible person and must be accompanied by signage made available to the collection site by the battery stewardship organization that informs customers regarding the end-of-life management options for batteries provided by the collection site under this Act. Each collection site must meet applicable federal, state, and local regulatory requirements and adhere to the operations manual and other safety information provided to the collection site by the battery stewardship organization. Other relevant requirements are as follows:

(1) Medium format batteries may only be collected at household hazardous waste collection sites or other staffed collection sites that meet applicable federal, state, and local regulatory requirements to manage medium format batteries.

(2) Damaged and defective batteries are intended to be collected at collection sites staffed by persons trained to handle and ship those batteries.

(3) Each battery stewardship organization must provide for collection of damaged and defective batteries in each county of the State, either through collection sites or collection events with qualified staff as specified in paragraph (2) of this subsection (b). Collection events should be provided periodically throughout the year if practicable but must be provided at least once per year, at a minimum, in each county in which there are not permanent collection sites providing for the collection of damaged and defective batteries.

(4) As used in this subsection (b), "damaged and defective batteries" means batteries that have been damaged or identified by the manufacturer as being defective for safety reasons, that have the potential of producing a dangerous evolution of heat, fire, or short circuit, as referred to in 49 CFR 173.185(f) as of January 1, 2023, or as updated by the Agency by rule to maintain consistency with federal standards.

(c) Each battery stewardship organization implementing a battery stewardship plan shall ensure statewide collection opportunities for all covered batteries. Battery stewardship organizations shall coordinate activities with other program operators, including covered battery collection and recycle programs and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense. Statewide collection opportunities must be determined by geographic information modeling that considers permanent collection sites. A program may rely, in part, on collection events to supplement the permanent collection services required in this subsection (c) and paragraph (1) of this subsection (c). However, only permanent collection services specified in this subsection (c) and paragraph (1) of this subsection (c) qualify toward the satisfaction of the requirements of this subsection (c).

(1) For portable batteries, each battery stewardship organization must provide statewide collection opportunities that include, but are not limited to, the provision of:

(A) at least one permanent collection site for portable batteries within a 15-mile radius for at least 95% of Illinois residents;

(B) at least one permanent collection site, collection service, or collection event for portable batteries in addition to those required in subparagraph (A) of paragraph (1) of this subsection (c) for every 30,000 residents of a county; and

(C) collection opportunities for portable batteries at special locations where batteries are often spent and replaced, such as supervised locations at parks with stores and campgrounds.

(2) For medium format batteries, a battery stewardship organization must provide statewide collection opportunities that include, but are not limited to, the provision of:

(A) at least 10 permanent collection sites in Illinois during the initial 5-year plan period;

(B) reasonable geographic dispersion of collection sites throughout the State;

(C) a permanent collection site in each county of at least 200,000 persons, as determined by the most recent population estimate of the office of financial management; and

(D) service to areas without a permanent collection site; a battery stewardship organization must ensure that there is a collection event at least once every 3 years in each county of the State which does not have a permanent collection site; such collection events must provide for the collection of all medium format batteries, including damaged and defective batteries.

(d) Battery stewardship programs must use existing public and private waste collection services and facilities, including battery collection sites that are established through other battery collection services, transporters, consolidators, processors, and retailers, where cost-effective, mutually agreeable, and otherwise practicable.

(1) Battery stewardship programs must use as a collection site for covered batteries any retailer, wholesaler, municipality, solid waste management facility, household hazardous waste facility, or other entity that meets the criteria for collection sites in the approved plan up to the minimum number of sites required for compliance with subsection (c) of this Section, upon the submission of a request by the entity to the battery stewardship organization to serve as a collection site. Battery stewardship programs may use additional collection sites in excess of the minimum required in subsection (c) of this Section as may be agreed between the battery stewardship organization and the collection site.

(2) Battery stewardship programs must use as a site for a collection event for covered batteries any retailer, wholesaler, municipality, solid waste management facility, household hazardous waste facility, or other entity that meets the criteria for collection events in the approved plan up to the minimum number of sites required for compliance with subsection (c) of this Section, upon the submission of a request by the entity to the battery stewardship organization to serve as a site for a collection event. Battery stewardship programs may use additional sites for collection events in excess of the minimum required in subsection (c) of this Section as may be agreed between the battery stewardship organization and the collection site.

(3) A battery stewardship organization may issue a warning, suspend, or terminate a collection site or service that does not adhere to the collection site criteria in the approved plan or that poses an immediate health and safety concern.

(e) Stewardship programs are not required to provide for the collection of the following, with the exceptions noted:

(1) Stewardship programs are not required to provide for the collection of battery-containing products.

(2) Stewardship programs are not required to provide for the collection of batteries that:

(A) are not easily removable from the product other than by the manufacturer; and

(B) remain contained in a battery-containing product at the time of delivery to a collection site.

(3) Stewardship programs are required to provide for the collection of loose batteries.

(4) Stewardship programs are not required to provide for the collection of batteries still contained in covered electronic products under the Consumer Electronics Recycling Act.

Section 55. Stewardship program components; education and outreach requirements.

(a) Each battery stewardship organization must carry out promotional activities in support of plan implementation including, but not limited to, the development:

(1) and maintenance of a website;

(2) and distribution of periodic press releases and articles;

(3) and placement of advertisements for use on social media or other relevant media platforms;

(4) of promotional materials about the program and the restriction on the disposal of covered batteries in Section 80 of this Act to be used by persons including, but not limited to, retailers, government agencies, waste and recycling collectors, and nonprofit organizations;

(5) and distribution of collection site safety training procedures that are in compliance with State law to collection sites to help ensure proper management of covered batteries at collection sites; and

(6) and implementation of outreach and educational resources that are conceptually, linguistically, and culturally accurate for the communities served and reach the State's diverse ethnic populations, including through meaningful consultation with communities that bear disproportionately higher levels of adverse environmental and social justice impacts.

(b) Each battery stewardship organization must provide:

(1) consumer-focused educational promotional materials to each collection site used by the program and accessible by customers of retailers that sell covered batteries or battery-containing products; and

(2) safety information related to covered battery collection activities to the operator of each collection site, including appropriate protocols to reduce risks of spills or fires, response protocols in the event of a spill or fire, and response protocols in the event of detection of a damaged or defective battery.

(c) Each battery stewardship organization must provide educational materials to the operator of each collection site for the management of recalled batteries, which are not intended to be part of collection as provided under Section 50 of this Act, to help facilitate transportation and processing of recalled batteries. A battery stewardship organization may seek reimbursement from the producer of the recalled battery for expenses incurred in the collection, transportation, or processing of those batteries.

(d) Upon request by a retailer or other potential collector, the battery stewardship organization must provide the retailer or other potential collector educational materials describing collection opportunities for batteries.

(e) If multiple battery stewardship organizations are implementing plans approved by the Agency, the battery stewardship organizations must coordinate in carrying out their education and outreach responsibilities under this Section and must include in their annual reports to the Agency under Section 60 of this Act a summary of their coordinated education and outreach efforts.

(f) During the first year of program implementation and every 5 years thereafter, each battery stewardship organization must carry out a survey of public awareness regarding the requirements of the program established under this Act, including the provisions of Section 80 of this Act. Each battery stewardship organization must share the results of the public awareness surveys with the Agency.

Section 60. Reporting requirements.

(a) By June 1, 2027, and each June 1st thereafter, each battery stewardship organization must submit an annual report to the Agency covering the preceding calendar year of battery stewardship plan implementation. The report must include:

(1) An independent financial assessment of a program implemented by the battery stewardship organization, including a breakdown of the program's expenses, such as collection, recycling, education, and overhead, when required by the Agency;

(2) A summary financial statement documenting the financing of a battery stewardship organization's program and an analysis of program costs and expenditures, including an analysis of the program's expenses, such as collection, transportation, recycling, education, and administrative overhead. The summary financial statement must be sufficiently detailed to provide transparency that funds collected from producers as a result of their activities in Illinois are spent on program implementation in Illinois. Battery stewardship organizations implementing similar battery stewardship programs in multiple states may submit a financial statement including all covered states, as long as the statement breaks out financial information pertinent to Illinois;

(A) the weight, by chemistry, of covered batteries collected under the program;

(B) the weight of materials recycled from covered batteries collected under the program, in total, and by method of battery recycling;

(C) a calculation of the recycling efficiency rates, as measured consistent with subsection (b) of this Section;

(D) for each facility used for the final disposition of batteries, a description of how the facility recycled or otherwise disposed of batteries and battery components;

(E) the weight and chemistry of batteries sent to each facility used for the final disposition of batteries. The information in this subsection (a), paragraph (E) may be approximated for program operations in Illinois based on extrapolations of national or regional data for programs in operation in multiple states;

(F) the collection rate achieved under the program, including a description of how this collection rate was calculated and how it compares to the collection rate goals under Section 40 of this Act;

(G) the estimated aggregate sales, by weight and chemistry, of batteries and batteries contained in or with battery-containing products sold in Illinois by participating producers for each of the previous 3 calendar years;

(H) a description of the manner in which the collected batteries were managed and recycled, including a discussion of best available technologies and the recycling efficiency rate;

(I) a description of education and outreach efforts supporting plan implementation including, but not limited to, a summary of education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries, a description of how that education and outreach met the requirements of Section 55 of this Act, samples of education and outreach materials, a summary of coordinated education and outreach efforts with any other battery stewardship organizations implementing a plan approved by the Agency, and a summary of any changes made during the previous calendar year to education and outreach activities;

(J) a list of all collection sites and an address for each listed site, and an up-to-date map indicating the location of all collection sites used to implement the program, with links to appropriate websites where there are existing websites associated with a site;

(K) a description of methods used to collect, transport, and recycle covered batteries by the battery stewardship organization;

(L) a summary on progress made toward the program performance goals established under Section 40 of this Act, and an explanation of why performance goals were not met, if applicable; and

(M) an evaluation of the effectiveness of education and outreach activities.

(b) The weight of batteries or recovered resources from those batteries must only be counted once and may not be counted by more than one battery stewardship organization.

(c) In addition to the requirements of subsection (a) of this Section, with respect to each facility used in the processing or disposition of batteries collected under the program, the battery stewardship organization must report:

(1) Whether the facility is located domestically, in an organization for economic cooperation and development country, or in a country that meets organization for economic cooperation and development operating standards; and

(2) What facilities processed the batteries, and for domestic facilities a summary of any violations of environmental laws and regulations over the previous 3 years at each facility.

(d) If a battery stewardship organization has disposed of covered batteries through energy recovery, incineration, or landfilling during the preceding calendar year of program implementation, the annual report must specify the steps that the battery stewardship organization will take to make the recycling of covered batteries cost-effective, where possible, or to otherwise increase battery recycling rates achieved by the battery stewardship organization.

(e) A producer or battery stewardship organization that submits information or records to the Agency under this Act may request that the information or records be made available only for the confidential use of the Agency, the Director of the Agency, or the appropriate division of the Agency. The Director of the Agency must consider the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of the Freedom of Information Act, the Director must grant the request for the information to remain confidential as authorized in the Freedom of Information Act.

Section 65. Fee and agency role.

(a) The Agency shall be paid an annual fee of $50,000 by one or more battery stewardship organizations, with cost allocation between multiple battery stewardship organizations to be assigned proportional to each organization's share of program costs. The fee shall cover the Agency's full costs of implementing, administering, and enforcing this Act. The annual fee shall be deposited into the Solid Waste Management Fund to be used for costs associated with the administration of this Act.

(b) The responsibilities of the Agency in implementing, administering, and enforcing this Act include, but are not limited to:

(1) reviewing submitted stewardship plans and plan amendments and making determinations as to whether to approve the plan or plan amendment;

(A) the Agency must provide a letter of approval for the plan or plan amendment if it provides for the establishment of a stewardship program that meets the requirements of Sections 25 through 55 of this Act;

(B) if a plan or plan amendment is rejected, the Agency must provide the reasons for rejecting the plan to the battery stewardship organization. The battery stewardship organization must submit a new plan within 60 days after receipt of the letter of disapproval; and

(C) when a plan or an amendment to an approved plan is submitted under this Section, the Agency shall make the proposed plan or amendment available for public review and comment for at least 30 days;

(2) reviewing annual reports submitted under Section 60 of this Act within 90 days of submission to ensure compliance with that Section;

(3) maintaining a website that lists producers and their brands that are participating in an approved plan, and that makes available to the public each plan, plan amendment, and annual report received by the Agency under this Act; upon the date the first plan is approved, the Agency must post on its website a list of producers and their brands for which the Agency has approved a plan; the Agency must update the list of producers and brands participating under an approved program plan based on information provided to the Agency from battery stewardship organizations; and

(4) providing technical assistance to producers and retailers related to the requirements of this Act and issuing orders or imposing civil penalties authorized under Section 70 of this Act where the technical assistance efforts do not lead to compliance by a producer or retailer.

Section 70. Penalties and civil action provisions.

(a) Any person who violates any provision of this Act is liable for a civil penalty of $7,000 per violation, except that the failure to pay a fee under this Act shall cause the person who fails to pay the fee to be liable for a civil penalty that is double the applicable fee.

(b) The penalties provided for in this Section may be recovered in a civil action brought in the name of the people of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provision of the Environmental Protection Trust Fund Act.

(c) The Attorney General or the State's Attorney of a county in which a violation occurs may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such actions as may be necessary to address violations of this Act.

(d) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other State law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or other relief provided by any other law.

(e) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency, related to or required by this Act or any rule adopted under this Act commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this subsection, violates this subsection a second or subsequent time commits a Class 3 felony.

(f) No penalty may be assessed on an individual or resident for the improper disposal of covered batteries as described in Section 80 of this Act in a noncommercial or residential setting.

Section 75. Marking requirements for batteries.

(a) Beginning January 1, 2027, a producer or retailer may only sell, distribute, or offer for sale in or into Illinois a large format battery, covered battery, or battery-containing product that contains a battery that is designed or intended to be easily removable from the product, if the battery is:

(1) marked with an identification of the producer of the battery, unless the battery is less than one-half inch in diameter or does not contain a surface whose length exceeds one-half inch; and

(2) beginning January 1, 2029, marked with proper labeling to ensure proper collection and recycling, by identifying the chemistry of the battery and including an indication that the battery should not be disposed of as household waste.

(b) A producer shall certify to its customers, or to the retailer if the retailer is not the customer, that the requirements of this Section have been met, as provided in Section 60 of this Act.

(c) The Agency may amend, by rule, the requirements of subsection (a) of this Section to maintain consistency with the labeling requirements or voluntary standards for batteries established in federal law.

Section 80. General battery disposal and collection requirements. Effective January 1, 2026, for portable batteries and January 1, 2028, for medium format batteries, or the first date on which an approved plan begins to be implemented under this Act by a battery stewardship organization, whichever comes first:

(1) All persons must dispose of unwanted covered batteries through one of the following disposal options:

(A) disposal using the collection sites established by or included in the programs created by this Act; or

(B) for covered batteries generated by persons that are regulated generators of covered batteries under federal or state hazardous or solid waste laws, disposal in a manner consistent with the requirements of those laws.

(2) A fee may not be charged at the time unwanted covered batteries are delivered or collected for management. All covered batteries may only be collected, transported, and processed in a manner that meets the standards established for a battery stewardship organization in a plan approved by the Agency, unless the batteries are being managed as described in paragraph (1), subparagraph (B) of this Section.

(3) A person may not place covered batteries in waste containers for disposal at incinerators, waste to energy facilities, or landfills.

(4) A person may not place covered batteries in or on a container for mixed recyclables unless there is a separate location or compartment for the covered battery that complies with local government collection standards or guidelines.

(5) An owner or operator of a solid waste facility may not be found in violation of this Section if the facility has posted in a conspicuous location a sign stating that covered batteries must be managed through collection sites established by a battery stewardship organization and are not accepted for disposal.

(6) A solid waste collector may not be found in violation of this Section for a covered battery placed in a disposal container by the generator of the covered battery.

Section 85. Assessment of battery; containing products and their batteries.

(a) By July 1, 2027, the battery stewardship organization must complete an assessment of the opportunities and challenges associated with the end-of-life management of batteries not intended or designed to be easily removed by a customer that are contained in battery-containing products, including medical devices, and in electronic products that are not covered electronic products managed under an approved plan implemented under the Consumer Electronics Recycling Act.

(b) The battery stewardship organization must consult with the Agency and interested stakeholders in completing the assessment. The assessment must identify any adjustments to the stewardship program requirements established in this Act that would maximize public health, safety, and environmental benefits.

(c) The assessment must consider:

(1) the different categories and uses of battery-containing products;

(2) the current methods by which unwanted battery-containing products are managed in Illinois and nearby states and provinces;

(3) challenges posed by the potential collection, management, and transport of battery-containing products, including challenges associated with removing batteries that were not intended or designed to be easily removable from products, other than by the manufacturer; and

(4) which criteria of this Act may apply to battery-containing products in a manner that is identical or analogous to the requirements applicable to covered batteries.

(d) By October 1, 2027, the Agency must submit a report to the General Assembly containing the findings of the assessment required in this Section.

Section 90. Antitrust. Producers or battery stewardship organizations Acting on behalf of producers that prepare, submit, and implement a battery stewardship program plan under this Act and who are thereby subject to regulation by the Agency are granted immunity from State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for the limited purpose of planning, reporting, and operating a battery stewardship program, including:

(1) The creation, implementation, or management of a battery stewardship organization and any battery stewardship plan regardless of whether it is submitted, denied, or approved;

(2) The determination of the cost and structure of a battery stewardship plan; and

(3) The types or quantities of batteries being recycled or otherwise managed under this Act.

Section 95. Collection of batteries independent of a battery stewardship program. Nothing in this Act shall prevent or prohibit a person from offering or performing a fee-based, household collection, or a mail-back program for end-of-life portable batteries or medium format batteries independently of a battery stewardship program, provided that such person meets the following requirements:

(1) Such person's services must be performed, and such person's facilities must be operated in compliance with all applicable federal, state, and local laws and requirements, including, but not limited to, all applicable U.S. Department of Transportation regulations, and all applicable provisions of the Illinois Environmental Protection Act;

(2) Such person must make available all batteries collected by such person from its Illinois customers to the battery stewardship organization; and

(3) After consolidation of portable or medium format batteries at the person's facilities, the costs for transporting such batteries to the battery stewardship organization's designated sorters or processors shall be at the battery stewardship organization's expense.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.