101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2296

 

Introduced , by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.23  from Ch. 111 1/2, par. 1022.23
415 ILCS 5/22.23d new

    Amends the Environmental Protection Act to prohibit lead-acid battery retailers from disposing of lead-acid batteries by delivery to a collection or recycling facility, unless that collection or recycling facility accepts lead-acid batteries. Prohibits the knowing mixing of lead-acid batteries with material intended for collection as a recyclable material by a hauler, and the knowing placement of a lead-acid battery into a container intended for collection and processing at a recycling center. Defines "rechargeable battery". Prohibits any person from knowingly disposing of a rechargeable battery, either as municipal waste or as a recyclable material. Denies home rule units from regulating the collection or disposal of rechargeable batteries. Requires the Agency to provide educational information regarding rechargeable batteries on its website. Requires the Agency to encourage the waste industry, recyclers, haulers, local governments, and other stakeholders to collaborate on educating the public regarding the collection and recycling of rechargeable batteries. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2296LRB101 04552 CPF 49560 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 Environmental Protection Act is amended by
5changing Section 22.23 and by adding Section 22.23d as follows:
 
6    (415 ILCS 5/22.23)  (from Ch. 111 1/2, par. 1022.23)
7    Sec. 22.23. Batteries.
8    (a) Beginning September 1, 1990, any person selling
9lead-acid batteries at retail or offering lead-acid batteries
10for retail sale in this State shall:
11        (1) accept for recycling used lead-acid batteries from
12    customers, at the point of transfer, in a quantity equal to
13    the number of new batteries purchased; and
14        (2) post in a conspicuous place a written notice at
15    least 8.5 by 11 inches in size that includes the universal
16    recycling symbol and the following statements: "DO NOT put
17    motor vehicle batteries in the trash."; "Recycle your used
18    batteries."; and "State law requires us to accept motor
19    vehicle batteries for recycling, in exchange for new
20    batteries purchased.".
21    (b) Any person selling lead-acid batteries at retail in
22this State may either charge a recycling fee on each new
23lead-acid battery sold for which the customer does not return a

 

 

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1used battery to the retailer, or provide a recycling credit to
2each customer who returns a used battery for recycling at the
3time of purchasing a new one.
4    (c) Beginning September 1, 1990, no lead-acid battery
5retailer may dispose of a used lead-acid battery except by
6delivering it (1) to a battery wholesaler or its agent, (2) to
7a battery manufacturer, (3) to a collection or recycling
8facility that accepts lead-acid batteries, or (4) to a
9secondary lead smelter permitted by either a state or federal
10environmental agency.
11    (d) Any person selling lead-acid batteries at wholesale or
12offering lead-acid batteries for sale at wholesale shall accept
13for recycling used lead-acid batteries from customers, at the
14point of transfer, in a quantity equal to the number of new
15batteries purchased. Such used batteries shall be disposed of
16as provided in subsection (c).
17    (e) A person who accepts used lead-acid batteries for
18recycling pursuant to subsection (a) or (d) shall not allow
19such batteries to accumulate for periods of more than 90 days.
20    (f) Beginning September 1, 1990, no person may knowingly
21cause or allow:
22        (1) the placing of a lead-acid battery into any
23    container intended for collection and disposal at a
24    municipal waste sanitary landfill; or
25        (2) the disposal of any lead-acid battery in any
26    municipal waste sanitary landfill or incinerator.

 

 

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1    (f-5) Beginning January 1, 2020, no person shall knowingly
2mix a lead-acid battery with any other material intended for
3collection as a recyclable material by a hauler.
4    Beginning January 1, 2020, no person shall knowingly place
5a lead-acid battery into a container intended for collection by
6a hauler for processing at a recycling center.
7    (g) (Blank).
8    (h) For the purpose of this Section:
9    "Lead-acid battery" means a battery containing lead and
10sulfuric acid that has a nominal voltage of at least 6 volts
11and is intended for use in motor vehicles.
12    "Motor vehicle" includes automobiles, vans, trucks,
13tractors, motorcycles and motorboats.
14    (i) (Blank.)
15    (j) Knowing violation of this Section shall be a petty
16offense punishable by a fine of $100.
17(Source: P.A. 100-621, eff. 7-20-18.)
 
18    (415 ILCS 5/22.23d new)
19    Sec. 22.23d. Rechargeable batteries.
20    (a) "Rechargeable battery" means any dry cell battery
21containing an electrode composed of cadmium or lead, or any
22combination thereof, of any shape that is designed for reuse,
23and is capable of being recharged after repeated uses.
24    "Rechargeable battery" does not mean either of the
25following:

 

 

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1        (1) Any dry cell battery that is used as the principal
2    power source for transportation, including, but not
3    limited to, automobiles, motorcycles, or boats.
4        (2) Any battery that is used only as a backup power
5    source for memory or program instruction storage,
6    timekeeping, or any similar purpose that requires
7    uninterrupted electrical power in order to function if the
8    primary energy supply fails or fluctuates momentarily.
9    (b) Beginning January 1, 2020, no person shall knowingly
10mix a rechargeable battery that is intended for disposal at a
11sanitary landfill with any other municipal waste.
12    (c) Beginning January 1, 2020, no person shall knowingly
13mix a rechargeable battery with any other material intended for
14collection as a recyclable material by a hauler.
15    Beginning January 1, 2020, no person shall knowingly place
16a rechargeable battery into a container intended for collection
17by a hauler for processing at a recycling center.
18    (d) A home rule unit may not regulate the collection or
19disposal of rechargeable batteries. This subsection is a denial
20and limitation of home rule powers and functions under
21subsection (g) of Section 6 of Article VII of the Illinois
22Constitution.
23    (e) The Agency shall include on its website information
24regarding the collection and recycling of rechargeable
25batteries and undertake other communications to educate the
26public regarding the collection and recycling of rechargeable

 

 

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1batteries.
2    The Agency shall encourage the waste industry, recyclers,
3haulers, local governments, and other stakeholders to
4collaborate on educating the public regarding the collection
5and recycling of rechargeable batteries.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.