101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2909

 

Introduced 2/4/2020, by Sen. Suzy Glowiak Hilton

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Renters' Right to Recycle Act. Requires owners of multifamily dwellings to arrange for recycling services that are appropriate to the multifamily dwelling, including, but not limited to, the provision of on-site paper, plastic, and aluminum recycling containers for tenants. Provides exceptions for multifamily dwellings with inadequate space for recycling containers, that do not have a solid waste enterprise providing recycling services that serve the location, or for which the cost of recycling services creates a financial hardship for the building owner. Directs the Environmental Protection Agency to implement, administer, and enforce the Act, adopt necessary rules, and allows residents of multifamily dwellings to file claims with the Agency stating that the owner of the unit in which the resident resides is in violation of the Act. Provides that violators of the Act's provisions may be assessed a civil penalty in an amount to be determined by the Agency. Provides that the Act does not interfere with or prevent a unit of local government from requiring recycling services for multifamily dwellings. Effective July 1,2021.


LRB101 20087 CPF 69620 b

 

 

A BILL FOR

 

SB2909LRB101 20087 CPF 69620 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 1. Short title. This Act may be cited as the
5Renters' Right to Recycle Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) The provision of recycling services at residential
8    dwellings is one of the most effective means of increasing
9    the diversion and recycling of solid waste.
10        (2) The intent of this Act is to provide convenient
11    recycling opportunities for Illinoisans residing in
12    multifamily dwelling units who currently do not have access
13    to recycling services at their places of residence.
14        (3) This Act would bolster Illinois' leadership in
15    recycling and conservation and help the State achieve its
16    greenhouse gas reduction goals.
 
17    Section 10. Definitions.
18    "Agency" means the Environmental Protection Agency.
19    "Multifamily dwelling" means a residential facility that
20consists of 2 or more living units.
21    "Solid waste enterprise" means an individual, partnership,
22joint venture, unincorporated private association, or other

 

 

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1business organization regularly engaged in the business of
2providing solid waste handling services.
3    "Solid waste handling services" means the collection,
4transportation, storage, transfer, or processing of solid
5waste for residential, commercial, institutional, or
6industrial users or customers.
 
7    Section 15. Recycling services for multifamily dwellings.
8The owner of a multifamily dwelling shall arrange for recycling
9services that are appropriate to the multifamily dwelling,
10including, but not limited to, the provision of on-site paper,
11plastic, and aluminum recycling containers for tenants,
12consistent with State and local law or requirements applicable
13to the collection, handling, or recycling of solid waste.
 
14    Section 20. Exceptions. An owner of a multifamily dwelling
15is not required to arrange for recycling services under this
16Act if any of the following apply:
17        (1) There is inadequate space for recycling
18    containers, as certified by a solid waste enterprise that
19    would otherwise serve the multifamily dwelling. The
20    certification required under this paragraph shall be
21    provided to the Agency, shall be valid for no more than 5
22    years after the date of certification, and shall include
23    all of the following:
24            (A) the address of the multifamily dwelling;

 

 

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1            (B) the name, address, telephone number, and email
2        address of the multifamily dwelling owner;
3            (C) the name, address, telephone number, business
4        license number, and email address of the solid waste
5        enterprise making the required certification;
6            (D) the date of certification; and
7            (E) the name and title of the person making the
8        certification.
9        (2) No solid waste enterprise providing recycling
10    services serves the multifamily dwelling.
11        (3) The cost of recycling services creates a financial
12    hardship for the multifamily dwelling owner. A multifamily
13    dwelling owner may claim a financial hardship under this
14    paragraph only if the recycling services result in a cost
15    increase of 30% or more over the cost of providing solid
16    waste services alone. A claim of financial hardship under
17    this paragraph shall be provided to the Agency, shall be
18    valid for no more than 5 years after the date of the claim,
19    and shall include all of the following:
20            (A) the address of the multifamily dwelling;
21            (B) the name, address, telephone number, and email
22        address of the multifamily dwelling owner;
23            (C) the name, address, telephone number, business
24        license number, and email address of the solid waste
25        enterprise making the required certification;
26            (D) the date of certification; and

 

 

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1            (E) the name and title of the person making the
2        certification.
 
3    Section 25. Administration and enforcement; rules;
4resident complaints.
5    (a) The Agency shall implement, administer, and enforce
6this Act and may adopt any rules necessary for its
7implementation, administration, or enforcement.
8    (b) A resident of a multifamily dwelling may file a claim
9with the Agency stating that the owner of the unit in which the
10resident resides is in violation of this Act.
 
11    Section 30. Violations. Any person who violates this Act,
12or any rule adopted by the Agency under this Act, may be
13assessed a civil penalty by the Agency in an amount to be
14determined by the Agency.
 
15    Section 35. Units of local government. This Act does not
16interfere with or prevent a unit of local government from
17requiring recycling services for multifamily dwellings.
 
18    Section 99. Effective date. This Act takes effect July 1,
192021.