Illinois General Assembly - Full Text of SB3165
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Full Text of SB3165  103rd General Assembly

SB3165enr 103RD GENERAL ASSEMBLY

 


 
SB3165 EnrolledLRB103 39304 LNS 69458 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

SB3165 Enrolled- 2 -LRB103 39304 LNS 69458 b

1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

SB3165 Enrolled- 3 -LRB103 39304 LNS 69458 b

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act (repealed). This subsection
17    (n) shall apply until the conclusion of the trial of the
18    case, even if the prosecution chooses not to pursue the
19    death penalty prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Department of Transportation under Sections 2705-300 and

 

 

SB3165 Enrolled- 4 -LRB103 39304 LNS 69458 b

1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act (repealed).
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) (Blank).
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

SB3165 Enrolled- 5 -LRB103 39304 LNS 69458 b

1        (v-5) Records of the Firearm Owner's Identification
2    Card Review Board that are exempted from disclosure under
3    Section 10 of the Firearm Owners Identification Card Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of
16    an eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

SB3165 Enrolled- 6 -LRB103 39304 LNS 69458 b

1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day
20    and temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

SB3165 Enrolled- 7 -LRB103 39304 LNS 69458 b

1    Aid Code.
2        (mm) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) Information that is exempt from disclosure under
5    Section 70 of the Higher Education Student Assistance Act.
6        (oo) Communications, notes, records, and reports
7    arising out of a peer support counseling session
8    prohibited from disclosure under the First Responders
9    Suicide Prevention Act.
10        (pp) Names and all identifying information relating to
11    an employee of an emergency services provider or law
12    enforcement agency under the First Responders Suicide
13    Prevention Act.
14        (qq) Information and records held by the Department of
15    Public Health and its authorized representatives collected
16    under the Reproductive Health Act.
17        (rr) Information that is exempt from disclosure under
18    the Cannabis Regulation and Tax Act.
19        (ss) Data reported by an employer to the Department of
20    Human Rights pursuant to Section 2-108 of the Illinois
21    Human Rights Act.
22        (tt) Recordings made under the Children's Advocacy
23    Center Act, except to the extent authorized under that
24    Act.
25        (uu) Information that is exempt from disclosure under
26    Section 50 of the Sexual Assault Evidence Submission Act.

 

 

SB3165 Enrolled- 8 -LRB103 39304 LNS 69458 b

1        (vv) Information that is exempt from disclosure under
2    subsections (f) and (j) of Section 5-36 of the Illinois
3    Public Aid Code.
4        (ww) Information that is exempt from disclosure under
5    Section 16.8 of the State Treasurer Act.
6        (xx) Information that is exempt from disclosure or
7    information that shall not be made public under the
8    Illinois Insurance Code.
9        (yy) Information prohibited from being disclosed under
10    the Illinois Educational Labor Relations Act.
11        (zz) Information prohibited from being disclosed under
12    the Illinois Public Labor Relations Act.
13        (aaa) Information prohibited from being disclosed
14    under Section 1-167 of the Illinois Pension Code.
15        (bbb) Information that is prohibited from disclosure
16    by the Illinois Police Training Act and the Illinois State
17    Police Act.
18        (ccc) Records exempt from disclosure under Section
19    2605-304 of the Illinois State Police Law of the Civil
20    Administrative Code of Illinois.
21        (ddd) Information prohibited from being disclosed
22    under Section 35 of the Address Confidentiality for
23    Victims of Domestic Violence, Sexual Assault, Human
24    Trafficking, or Stalking Act.
25        (eee) Information prohibited from being disclosed
26    under subsection (b) of Section 75 of the Domestic

 

 

SB3165 Enrolled- 9 -LRB103 39304 LNS 69458 b

1    Violence Fatality Review Act.
2        (fff) Images from cameras under the Expressway Camera
3    Act. This subsection (fff) is inoperative on and after
4    July 1, 2025.
5        (ggg) Information prohibited from disclosure under
6    paragraph (3) of subsection (a) of Section 14 of the Nurse
7    Agency Licensing Act.
8        (hhh) Information submitted to the Illinois State
9    Police in an affidavit or application for an assault
10    weapon endorsement, assault weapon attachment endorsement,
11    .50 caliber rifle endorsement, or .50 caliber cartridge
12    endorsement under the Firearm Owners Identification Card
13    Act.
14        (iii) Data exempt from disclosure under Section 50 of
15    the School Safety Drill Act.
16        (jjj) (hhh) Information exempt from disclosure under
17    Section 30 of the Insurance Data Security Law.
18        (kkk) (iii) Confidential business information
19    prohibited from disclosure under Section 45 of the Paint
20    Stewardship Act.
21        (lll) (Reserved).
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25        (nnn) Data or information provided pursuant to Section
26    20 of the Statewide Recycling Needs and Assessment Act.

 

 

SB3165 Enrolled- 10 -LRB103 39304 LNS 69458 b

1(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
7revised 1-2-24.)
 
8    (Text of Section after amendment by P.A. 103-472)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other
21    records prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.
24        (d) Information and records held by the Department of
25    Public Health and its authorized representatives relating

 

 

SB3165 Enrolled- 11 -LRB103 39304 LNS 69458 b

1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

SB3165 Enrolled- 12 -LRB103 39304 LNS 69458 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act (repealed). This subsection
16    (n) shall apply until the conclusion of the trial of the
17    case, even if the prosecution chooses not to pursue the
18    death penalty prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

SB3165 Enrolled- 13 -LRB103 39304 LNS 69458 b

1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act (repealed).
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) (Blank).
13        (u) Records and information provided to an independent
14    team of experts under the Developmental Disability and
15    Mental Health Safety Act (also known as Brian's Law).
16        (v) Names and information of people who have applied
17    for or received Firearm Owner's Identification Cards under
18    the Firearm Owners Identification Card Act or applied for
19    or received a concealed carry license under the Firearm
20    Concealed Carry Act, unless otherwise authorized by the
21    Firearm Concealed Carry Act; and databases under the
22    Firearm Concealed Carry Act, records of the Concealed
23    Carry Licensing Review Board under the Firearm Concealed
24    Carry Act, and law enforcement agency objections under the
25    Firearm Concealed Carry Act.
26        (v-5) Records of the Firearm Owner's Identification

 

 

SB3165 Enrolled- 14 -LRB103 39304 LNS 69458 b

1    Card Review Board that are exempted from disclosure under
2    Section 10 of the Firearm Owners Identification Card Act.
3        (w) Personally identifiable information which is
4    exempted from disclosure under subsection (g) of Section
5    19.1 of the Toll Highway Act.
6        (x) Information which is exempted from disclosure
7    under Section 5-1014.3 of the Counties Code or Section
8    8-11-21 of the Illinois Municipal Code.
9        (y) Confidential information under the Adult
10    Protective Services Act and its predecessor enabling
11    statute, the Elder Abuse and Neglect Act, including
12    information about the identity and administrative finding
13    against any caregiver of a verified and substantiated
14    decision of abuse, neglect, or financial exploitation of
15    an eligible adult maintained in the Registry established
16    under Section 7.5 of the Adult Protective Services Act.
17        (z) Records and information provided to a fatality
18    review team or the Illinois Fatality Review Team Advisory
19    Council under Section 15 of the Adult Protective Services
20    Act.
21        (aa) Information which is exempted from disclosure
22    under Section 2.37 of the Wildlife Code.
23        (bb) Information which is or was prohibited from
24    disclosure by the Juvenile Court Act of 1987.
25        (cc) Recordings made under the Law Enforcement
26    Officer-Worn Body Camera Act, except to the extent

 

 

SB3165 Enrolled- 15 -LRB103 39304 LNS 69458 b

1    authorized under that Act.
2        (dd) Information that is prohibited from being
3    disclosed under Section 45 of the Condominium and Common
4    Interest Community Ombudsperson Act.
5        (ee) Information that is exempted from disclosure
6    under Section 30.1 of the Pharmacy Practice Act.
7        (ff) Information that is exempted from disclosure
8    under the Revised Uniform Unclaimed Property Act.
9        (gg) Information that is prohibited from being
10    disclosed under Section 7-603.5 of the Illinois Vehicle
11    Code.
12        (hh) Records that are exempt from disclosure under
13    Section 1A-16.7 of the Election Code.
14        (ii) Information which is exempted from disclosure
15    under Section 2505-800 of the Department of Revenue Law of
16    the Civil Administrative Code of Illinois.
17        (jj) Information and reports that are required to be
18    submitted to the Department of Labor by registering day
19    and temporary labor service agencies but are exempt from
20    disclosure under subsection (a-1) of Section 45 of the Day
21    and Temporary Labor Services Act.
22        (kk) Information prohibited from disclosure under the
23    Seizure and Forfeiture Reporting Act.
24        (ll) Information the disclosure of which is restricted
25    and exempted under Section 5-30.8 of the Illinois Public
26    Aid Code.

 

 

SB3165 Enrolled- 16 -LRB103 39304 LNS 69458 b

1        (mm) Records that are exempt from disclosure under
2    Section 4.2 of the Crime Victims Compensation Act.
3        (nn) Information that is exempt from disclosure under
4    Section 70 of the Higher Education Student Assistance Act.
5        (oo) Communications, notes, records, and reports
6    arising out of a peer support counseling session
7    prohibited from disclosure under the First Responders
8    Suicide Prevention Act.
9        (pp) Names and all identifying information relating to
10    an employee of an emergency services provider or law
11    enforcement agency under the First Responders Suicide
12    Prevention Act.
13        (qq) Information and records held by the Department of
14    Public Health and its authorized representatives collected
15    under the Reproductive Health Act.
16        (rr) Information that is exempt from disclosure under
17    the Cannabis Regulation and Tax Act.
18        (ss) Data reported by an employer to the Department of
19    Human Rights pursuant to Section 2-108 of the Illinois
20    Human Rights Act.
21        (tt) Recordings made under the Children's Advocacy
22    Center Act, except to the extent authorized under that
23    Act.
24        (uu) Information that is exempt from disclosure under
25    Section 50 of the Sexual Assault Evidence Submission Act.
26        (vv) Information that is exempt from disclosure under

 

 

SB3165 Enrolled- 17 -LRB103 39304 LNS 69458 b

1    subsections (f) and (j) of Section 5-36 of the Illinois
2    Public Aid Code.
3        (ww) Information that is exempt from disclosure under
4    Section 16.8 of the State Treasurer Act.
5        (xx) Information that is exempt from disclosure or
6    information that shall not be made public under the
7    Illinois Insurance Code.
8        (yy) Information prohibited from being disclosed under
9    the Illinois Educational Labor Relations Act.
10        (zz) Information prohibited from being disclosed under
11    the Illinois Public Labor Relations Act.
12        (aaa) Information prohibited from being disclosed
13    under Section 1-167 of the Illinois Pension Code.
14        (bbb) Information that is prohibited from disclosure
15    by the Illinois Police Training Act and the Illinois State
16    Police Act.
17        (ccc) Records exempt from disclosure under Section
18    2605-304 of the Illinois State Police Law of the Civil
19    Administrative Code of Illinois.
20        (ddd) Information prohibited from being disclosed
21    under Section 35 of the Address Confidentiality for
22    Victims of Domestic Violence, Sexual Assault, Human
23    Trafficking, or Stalking Act.
24        (eee) Information prohibited from being disclosed
25    under subsection (b) of Section 75 of the Domestic
26    Violence Fatality Review Act.

 

 

SB3165 Enrolled- 18 -LRB103 39304 LNS 69458 b

1        (fff) Images from cameras under the Expressway Camera
2    Act. This subsection (fff) is inoperative on and after
3    July 1, 2025.
4        (ggg) Information prohibited from disclosure under
5    paragraph (3) of subsection (a) of Section 14 of the Nurse
6    Agency Licensing Act.
7        (hhh) Information submitted to the Illinois State
8    Police in an affidavit or application for an assault
9    weapon endorsement, assault weapon attachment endorsement,
10    .50 caliber rifle endorsement, or .50 caliber cartridge
11    endorsement under the Firearm Owners Identification Card
12    Act.
13        (iii) Data exempt from disclosure under Section 50 of
14    the School Safety Drill Act.
15        (jjj) (hhh) Information exempt from disclosure under
16    Section 30 of the Insurance Data Security Law.
17        (kkk) (iii) Confidential business information
18    prohibited from disclosure under Section 45 of the Paint
19    Stewardship Act.
20        (lll) (iii) Data exempt from disclosure under Section
21    2-3.196 of the School Code.
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25        (nnn) Data or information provided pursuant to Section
26    20 of the Statewide Recycling Needs and Assessment Act.

 

 

SB3165 Enrolled- 19 -LRB103 39304 LNS 69458 b

1(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
7103-580, eff. 12-8-23; revised 1-2-24.)
 
8    Section 10. The Statewide Recycling Needs Assessment Act
9is amended by changing Sections 10 and 20 as follows:
 
10    (415 ILCS 180/10)
11    Sec. 10. Definitions. In this Act:
12    "Advisory Council" means the Statewide Recycling Needs
13Assessment Advisory Council established under Section 20.
14    "Agency" means the Environmental Protection Agency.
15    "Compost" has the meaning given to that term in Section
163.150 of the Environmental Protection Act.
17    "Compostable material" means a material that is designed
18to contact, contain, or carry a product that can be collected
19for composting and that is capable of undergoing aerobic
20biological decomposition in a controlled composting system as
21demonstrated by meeting ASTM D6400, ASTM D6868, or any
22successor standards.
23    "Composting rate" means the percentage of discarded
24materials that are managed through composting. A composting

 

 

SB3165 Enrolled- 20 -LRB103 39304 LNS 69458 b

1rate is calculated by dividing the total weight of all
2packaging and paper products that are collected for composting
3by the total weight of all packaging and paper products sold,
4distributed, or served to consumers in the State during the
5study period.
6    "Covered entity" means a person or entity responsible for:
7        (1) a single or multifamily residence, either
8    individually or jointly through a unit of local
9    government;
10        (2) a public or private school for grades kindergarten
11    through 12th grade;
12        (3) a State or local government facility; or
13        (4) a public space, including, but not limited to,
14    public spaces, such as parks, trails, transit stations,
15    and pedestrian areas for which the State or a unit of local
16    government is responsible.
17    "Curbside recycling" means the collection of recyclable
18materials from covered entities at the site where the
19recyclable materials are generated.
20    "Director" means the Director of the Agency.
21    "Drop-off recycling" means the collection of recyclable
22material from covered entities at one or more centralized
23sites.
24    "Environmental justice community" means environmental
25justice community as defined by the Illinois Solar for All
26Program, as that definition is updated from time to time by the

 

 

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1Illinois Power Agency and the Administrator of the Illinois
2Solar for All Program.
3    "Hauler" means a person who collects recyclable or
4compostable materials and transports them to an MRF or compost
5facility, or to an intermediate facility from which materials
6are then transported to an MRF or compost facility.
7    "Material recovery facility" or "MRF" means a facility
8where recyclable materials collected via curbside recycling or
9drop-off recycling are consolidated and sorted for return to
10the economic mainstream in the form of raw materials.
11    "Nondisclosure agreement" means an agreement that requires
12the parties to the agreement to treat the data or information
13provided to complete the statewide needs assessment as
14confidential, commercial, or financial information that may
15not be disclosed to any party, person, or entity, except as
16provided by this Act.
17    "Packaging" means a discrete material or category of
18material, regardless of recyclability. "Packaging" includes,
19but is not limited to, a material type, such as paper, plastic,
20glass, metal, or multi-material, that is:
21        (1) used to protect, contain, transport, or serve a
22    product;
23        (2) sold or supplied to consumers expressly for the
24    purpose of protecting, containing, transporting, or
25    serving products;
26        (3) attached to a product or its container for the

 

 

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1    purpose of marketing or communicating information about
2    the product;
3        (4) supplied at the point of sale to facilitate the
4    delivery of the product; or
5        (5) supplied to or purchased by consumers expressly
6    for the purpose of facilitating food or beverage
7    consumption and ordinarily disposed of after a single use
8    or short-term use, whether or not it could be reused.
9    "Packaging" does not include:
10        (1) a medical device or packaging that is included
11    with products regulated:
12            (A) as a drug, medical device, or dietary
13        supplement by the United States Food and Drug
14        Administration under the Federal Food, Drug, and
15        Cosmetic Act;
16            (B) as a combination product as defined under 21
17        CFR 3.2(e); or
18            (C) under the federal Dietary Supplement Health
19        and Education Act of 1994;
20        (2) animal biologics, including, but not limited to,
21    vaccines, bacterins, antisera, diagnostic kits, other
22    products of biological origin, and other packaging and
23    paper products regulated by the United States Department
24    of Agriculture under the federal Virus, Serum, Toxin Act;
25        (3) packaging regulated under the Federal Insecticide,
26    Fungicide, and Rodenticide Act or another applicable

 

 

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1    federal law, rule, or regulation; and
2        (4) beverage containers subject to a returnable
3    container deposit, if applicable.
4    "Paper product" means:
5        (1) paper that can or has been printed on to create
6    flyers, brochures, booklets, catalogs, greeting cards,
7    telephone directories, newspapers, magazines; and
8        (2) paper used for copying, writing, or any other
9    general use.
10    "Paper product" does not include:
11        (1) paper that, by virtue of its anticipated use,
12    could become unsafe or unsanitary to recycle; or
13        (2) any form of bound book, including, but not limited
14    to, bound books for literary, textual, or reference
15    purposes.
16    "Person" means any individual, partnership, copartnership,
17firm, company, limited liability company, corporation,
18association, joint-stock company, trust, estate, political
19subdivision, State agency, any other legal entity, or their
20legal representative, agent, or assign.
21    "Postconsumer material" means packaging or paper products
22that have served their intended end use as consumer items.
23"Postconsumer material" does not include a by-product or waste
24material generated during or after the completion of a
25manufacturing or converting process.
26    "Postconsumer recycled content" means the portion of an

 

 

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1item of packaging or paper product made from postconsumer
2material that has been recycled.
3    "Recycling" has the meaning given to "recycling,
4reclamation or reuse" in Section 3.380 of the Environmental
5Protection Act. "Recycling" does not include landfill disposal
6of packaging or paper products or the residue resulting from
7the processing of packaging or paper products at an MRF, use as
8alternative daily cover or any other beneficial use at a
9landfill, incineration, energy recovery, or energy generation
10by means of combustion, or final conversion of packaging and
11paper products or their components and by-products to a fuel.
12    "Recycling rate" means the percentage of packaging and
13paper products returned to the economic mainstream in the form
14of raw materials or products rather than being disposed of or
15discarded. The recycling rate is calculated by dividing the
16total weight of packaging and paper products that are
17collected for recycling by the total weight of packaging and
18paper products sold, distributed, or served to consumers in
19the State during the study period, not including the residue
20that is landfilled after processing by an MRF.
21    "Reusable" means:
22        (1) designed to be refilled or used repeatedly for its
23    original intended purpose and is returnable;
24        (2) safe for washing and sanitizing according to
25    applicable State food safety laws; and
26        (3) with the exception of ceramic products, capable of

 

 

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1    being recycled at the end of use.
2    "Reuse" means the return of packaging to the economic
3stream for use in the same kind of application intended for the
4original packaging without effectuating a change in the
5original composition of the package, the identity of the
6product, or the components thereof.
7    "Rigid plastic" means packaging made of plastic that has a
8relatively inflexible finite shape or form and is capable of
9maintaining its shape while empty or while holding other
10products.
11    "Service provider" means a hauler, an MRF, or a composting
12facility.
13    "Single-use packaging or product" means a packaging or
14product that is supplied to or purchased by consumers
15expressly for the purpose of facilitating food or beverage
16consumption and that is ordinarily disposed of after a single
17use or short-term use, whether or not it could be reused.
18    "Study period" means the period represented by the data
19compiled and analyzed in the completion of the Statewide
20Recycling Needs Assessment. The study period shall be a
21minimum of a one-year calendar period not earlier than 2022
22and shall be clearly defined in the scope of work. If more than
23one year of data is used, data shall be presented on an annual
24basis.
25(Source: P.A. 103-383, eff. 7-28-23.)
 

 

 

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1    (415 ILCS 180/20)
2    Sec. 20. Statewide needs assessment.
3    (a) The Agency shall issue a competitive solicitation in
4accordance with the Illinois Procurement Code to select a
5qualified consultant to conduct a statewide needs assessment
6to assess recycling, composting, and reuse conditions in the
7State for packaging and paper products, including identifying
8current conditions and an evaluation of the capacity, costs,
9gaps, and needs associated with recycling and the diversion of
10packaging and paper products. The Agency shall select the
11consultant on or before January 1, 2025 July 1, 2024. The
12competitive solicitation issued by the Agency and the
13contract, including any contract modification or extension,
14executed by the consultant and the Agency must provide that
15the data or information received by the consultant and the
16Agency must be used exclusively to complete the statewide
17needs assessment and for no other purposes. The needs
18assessment shall be funded by an appropriation from the
19Agency's Solid Waste Management Fund or other appropriated
20funding.
21    (b) All packaging and paper products sold, offered for
22sale, distributed, or imported into the State shall be
23included in the needs assessment.
24    (c) The needs assessment shall address, at a minimum, the
25following factors for covered entities:
26        (1) the quantity, by weight and type, of packaging and

 

 

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1    paper products sold, offered for sale, distributed, or
2    served to consumers in the State by material type and
3    format;
4        (2) current collection systems for packaging and paper
5    products in the State, including for reuse, recycling,
6    composting, and disposal;
7        (3) the quantity, by weight, of municipal waste
8    disposed on a county-by-county basis for all counties in
9    the State;
10        (4) the processing capacity and infrastructure for
11    reusable, recyclable, and compostable packaging and paper
12    products collected in the State, including capacity and
13    infrastructure outside the State which serves or may serve
14    the State;
15        (5) current reuse, recycling, and composting rates for
16    packaging and paper products in the State by material
17    type;
18        (6) current postconsumer recycled content use by
19    material type for all packaging and paper products sold in
20    the State;
21        (7) current reusability, recyclability, or
22    compostability of packaging and paper products, by
23    material type, for all packaging and paper products sold,
24    offered for sale, distributed, or served in the State;
25        (8) current system-wide costs for the collection,
26    reuse, recycling, and composting of packaging and paper

 

 

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1    products;
2        (9) current operational and capital funding
3    limitations impacting reuse, recycling, and composting
4    access and availability for packaging and paper products
5    throughout the State;
6        (10) collection and processing system needs to provide
7    access to curbside recycling services for all covered
8    entities within municipalities with a population of 1,500
9    or more based on the most recent United States Census,
10    with collection provided no less frequently than every 2
11    weeks, and at least one drop-off location for recyclable
12    materials within 15 miles of the municipal boundary for
13    municipalities with a population less than 1,500, with
14    needs identified on a county-by-county basis for all
15    counties in the State, and the estimated costs to meet the
16    access requirements;
17        (11) program costs and capital investments required to
18    achieve a 35%, 50%, and 65% recycling rate by December 31,
19    2035 for each material type, including paper, plastic,
20    glass, and metal, and including investment into existing
21    and future reuse, recycling, and composting infrastructure
22    for packaging and paper products;
23        (12) the market conditions and opportunities for
24    reusable, recyclable, and compostable packaging and paper
25    products in the State and regionally;
26        (13) multilingual public education needs for the

 

 

SB3165 Enrolled- 29 -LRB103 39304 LNS 69458 b

1    reduction, reuse, recycling, and composting of packaging
2    and paper products, including, but not limited to, a
3    scientific survey of current awareness among residents of
4    this State of proper end-of-life management for packaging
5    and paper products and the needs associated with the
6    reduction of contamination rates at MRFs in the State; and
7        (14) an assessment of environmental justice and
8    recycling equity in the State, including, but not limited
9    to:
10            (A) an evaluation of current access to and the
11        performance of curbside and drop-off recycling
12        programs in units of local government designated as
13        environmental justice areas; and
14            (B) a comparison of the location of MRFs and
15        compost facilities in units of local government that
16        have been designated as environmental justice areas
17        with units of local government that are not so
18        designated.
19    (d) Persons with data or information required to complete
20the statewide needs assessment shall provide an independent
21entity selected by the Agency with such data or information in
22a timely fashion to assist in completing the statewide needs
23assessment. The independent entity must be a CPA firm, as
24defined in the Illinois Public Accounting Act. The independent
25entity shall enter into a nondisclosure agreement with each
26person who provides data or information required to complete

 

 

SB3165 Enrolled- 30 -LRB103 39304 LNS 69458 b

1the statewide needs assessment. The independent entity shall
2aggregate the data or information received from all parties
3using, to the extent practicable, the factors enumerated in
4subsection (c) and transmit the data or information to the
5consultant and the Agency in a manner that does not identify
6the party who provided specific data or information. The data
7or information received by the independent entity may not be
8used for any other purpose. No person shall be required to
9provide data or information related to the statewide needs
10assessment until the person has received a nondisclosure
11agreement executed by the independent entity. Any person
12aggrieved by a violation of the terms and conditions of a
13nondisclosure agreement may institute a civil action to
14recover damages.
15    (e) On or before June 30, 2026 December 31, 2025, the
16Agency shall provide the draft needs assessment to the
17Advisory Council. The Advisory Council shall provide written
18comments to the Agency within 60 days after receipt of the
19needs assessment. The Agency's consultant shall include an
20assessment of comments received in the revised draft needs
21assessment submitted to the Agency and shall provide a summary
22and an analysis of any issues raised by the Advisory Council
23and significant changes suggested by any such comments, a
24statement of the reasons why any significant changes were not
25incorporated into the results of the study, and a description
26of any changes made to the results of the needs assessment as a

 

 

SB3165 Enrolled- 31 -LRB103 39304 LNS 69458 b

1result of such comments. The needs assessment shall be
2finalized by the Agency on or before November 1, 2026 May 1,
32026.
4(Source: P.A. 103-383, eff. 7-28-23.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.